Village of La Grange Village Board of Trustees met March 11.
Here is the minutes provided by the board:
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE
The Board of Trustees of the Village of La Grange regular meeting was called to order at 7:30 p.m. by Village President, Thomas Livingston. On roll call, as read by Village Clerk John Burns, the following were:
PRESENT:
Trustees Gale, Kotynek, Kuchler and McCarty with President Livingston presiding.
ABSENT:
Trustees Arnett and Holder
OTHERS:
Village Manager Andrianna Peterson
Mark Burkland, Holland and Knight
Public Works Director Ryan Gillingham
Community Development Director Charity Jones
Finance Director Lou Cipparrone
Police Chief Kurt Bluder
Fire Chief Don Gay
President Livingston asked Village Clerk John Burns to lead the audience in reciting the pledge of allegiance.
2. PRESIDENT'S REPORT
President Livingston announced that the Village Board conducted a Budget Workshop this past Saturday to review proposed operating expenditures for the upcoming budget year. The preliminary FY19-20 Village Budget is available at the Village Hall, Library and online. The Village budget is tentatively scheduled for a Public Hearing at the regularly-scheduled Village Board meeting on Monday, April 8, 2019. Consideration of the budget is anticipated at the April 22, 2019 Village Board meeting. Residents are invited to provide comment at any time.
President Livingston noted that on the agenda this evening is a proposed resolution urging the State to adopt a Capital Bill. The last State Capital Bill was approved in 2009.
Funds for critically needed transportation infrastructure are needed including roads, bridges and for transit systems such as Metra.
President Livingston announced that also on the agenda was a proposed resolution supporting actions by the US EPA and IEPA regarding Sterigenics. The Village has taken several actions over the last several weeks and months regarding ongoing concerns regarding the Sterigenics facility in Willowbrook as related to public health.
President Livingston announced that the next regularly scheduled Village Board meeting for March 25, 2019 has been cancelled. The next regularly scheduled Village Board meeting will be held on Monday, April 8, 2019 at 7:30 p.m.
President Livingston announced that Ashland Avenue and Blackstone Avenue will be under construction this year. The Village is continuing to address streets in need of repair.
President Livingston announced that there are currently vacancies on the Environmental Quality Commission. He asked residents interested in volunteering to serve on a Board or Commission to submit a short letter.
A. Resolution - Urging Adoption of a State of Illinois Capital Bill
President Livingston asked Clerk Burns to read the Resolution into the record.
A motion was made by Trustee McCarty to approve the Resolution, seconded by Trustee Kotynek.
The motion passed by a voice vote.
B. Resolution - Supporting Actions Regarding Sterigenics of Willowbrook, Illinois
President Livingston asked Clerk Burns to read the Resolution into the record.
A motion was made by Trustee Kuchler to approve the Resolution, seconded by Trustee McCarty.
The motion passed by a voice vote.
3. MANAGER'S REPORT
Village Manager Andrianna Peterson announced that this year's Spring Clean Up will be held the week of April 8, 2019 on resident's regular collection day only. To participate, residents are required to affix three stickers in total to the unlimited household refuse set out for collection. Certain exceptions apply such as construction and demolition debris, hazardous materials and the like. For more information regarding Spring Clean Up as well as other recycling and waste reduction alternatives, please visit the Village's website.
A. Lyons Township Area Communications Center (LTACC) Update - Annual Report
Village Manager Peterson stated that the Lyons Township Area Communications Center is the consolidated police and fire emergency dispatch center for La Grange, La Grange Park and Western Springs. The Center opened in March, 2017. In December, LTACC hired a new Executive Director, Mr. Mike O'Connor. Mr. O'Connor was invited to present an annual report to the Village Board regarding LTACC's progress and future plans.
4. PUBLIC COMMENTS REGARDING AGENDA ITEMS
Matt Pagoria of M/I Homes was in attendance and announced that his team has been working with staff to revise plans for the Masonic property and that he is available to answer any questions during the meeting.
Resident Tim Sheldon commented asked about how the savings from the last two water project bids impact the budget. Finance Director Cipparrone stated that the two years of water rate increases reduce the need to draw down on water reserve funds as we double the amount of water main replacement work we have planned in conjunction with street improvements.
Mr. Sheldon also expressed support for the proposed Mason Pointe development, and asked the Board to continue to pursue responsible development strategies.
Residents Diondre Alexander and Cherie Sneed-Alexander thanked the Village Board for considering their request for a variance.
5. CONSENT AGENDA AND VOTE
A. Award of Contract - (1) Construction of FY 2019-20 Ashland Avenue and Blackstone Avenue Water Main Replacement Project; (2) Construction Engineering Agreement
B. Agreement – East Avenue Pumping Station Improvements - SCADA System - Change Order
C. Minutes of the La Grange Board of Trustees Regular Meeting, Monday, February 25, 2019
D. Consolidated Voucher 190311
A motion was made by Trustee Kotynek to approve the Consent Agenda, seconded by Trustee McCarty.
Approved by a roll call vote:
Ayes: Trustees Gale, Kotynek, Kuchler and McCarty
Nays: None
Absent: Trustees Arnett and Holder
6. CURRENT BUSINESS
A. Ordinance - Variation - Required Front Yard / Diondre Alexander and Cherie Sneed Alexander, 315 East Franklin Avenue
President Livingston asked Trustee Kotynek to introduce the item. Trustee Kotynek stated that petitioners, Diondre Alexander and Cherie Sneed-Alexander, owners of the subject property at 315 E. Franklin Avenue, wish to continue construction of a new single family house that encroaches into the required front yard of the Subject Property.
The R-5 District requires houses (including front porches) to observe a minimum front yard of 35 ft. Zoning Code Section 3-110G8(a) allows a house to have a reduced front yard when existing houses on either side of it do not observe the minimum front yard, but in no case can the minimum front yard be less than 25 ft. The Applicants are requesting a three-foot and one-inch encroachment in to the required front yard resulting in a 21 ft. and 11 in. front yard. The requested variation falls within the authorized limits of the Zoning Code. The proposed construction would not require any other variations from code.
On February 21, 2019, the Zoning Board of Appeals held a public hearing on this matter. At the hearing, the applicants presented testimony regarding the proposed front yard encroachment. Seven of the neighboring property owners on the 300 blocks of East Franklin and East Calendar Avenues spoke at the hearing. Of the seven neighboring property owners, six spoke in favor of the application and one spoke against the application. A motion to recommend approval of the application, to allow the construction of the new single family home with a three-foot and one-inch encroachment in to the required front yard, passed on a vote of 6-0.
Trustee McCarty inquired if a construction error is what prompted this variation request. Community Development Director Jones responded affirmatively. The contractor on this project did not submit an updated survey before beginning to frame the home and if construction was not so far along, they would have been required to remove it. Due to this incident, a new practice of driving by existing projects twice a month has been implemented.
Trustee McCarty inquired if all other conditions had been met. Mrs. Jones responded that all other conditions had been fulfilled.
An ordinance creating the SSA for the development, as authorized by the development agreement in order to ensure the proper maintenance of the private infrastructure, will also be brought to the Village Board at a future date. The SSA as proposed and agreed to by the developer would allow the Village to levy up to $50,000 beginning in 2021 to establish the SSA fund balance and levy again in the future as needed to replenish that amount in the event that the funds are used to perform any maintenance activities.
On July 30, 2018, the Village hosted a pre-application meeting at which the Applicant received comments from the Village staff and selected Trustees and Plan Commissioners.
The Applicant filed its application to the Village on September 7, 2018. Prior to the required public hearings, the Applicant hosted their own neighborhood meeting on October 25, 2018, and invited property owners within 250 ft. of the Subject Property to provide input on the proposed development. After this meeting, and upon receiving additional comments from staff throughout the process, the Applicant further revised the proposed plans and the application was scheduled for Plan Commiss
The Plan Commission conducted a public hearing on the proposed development on December 11, 2018 and January 8, 2019. After the conclusion of the public testimony and discussion, the Plan Commission deliberated and voted to recommend that the
Village Board approve the proposed development subject to various conditions.
On February 11, 2019, the Village Board heard a presentation from the Applicant on the proposed development. At that meeting, the Applicant presented revised plans that complied with five of the Plan Commission's conditions but not the condition of full compliance with the R-4 District building coverage requirements. Trustees reviewed the application materials and asked questions on numerous topics including: the size of the single family houses, the yards/setbacks of the single family houses, the townhomes, the site plan, stormwater management, and fiscal impact of the development on local taxing agencies. The Applicant received feedback from a majority of the Trustees that the single family houses should be revised to meet the R-4 District maximum building coverage requirement per the Plan Commission's recommendation before the application could be considered by the Village Board for formal action. Additionally, two Trustees raised concerns regarding the proposed relief from minimum yard requirements for the single family houses.
Since the February 11 Village Board meeting, the Applicant has revised the designs for the single family houses to eliminate the relief previously sought from R-4 District maximum building coverage, minimum rear yard, and minimum interior side yard requirements. The Applicant is seeking a 13.5 ft. corner side yard for lots 7 and 8, located on either side of the development's private street intersecting 9th Ave. In exchange for the requested Zoning Code modifications, the Applicant has agreed to provide compensating amenities in the form of both in-kind and cash contributions including the following: replacement of the existing 6" water main on 47th St. with a new 12” main, lining of the combined sewer on 9th Ave., construction of improvements in the 47th St. right of way including grading activity and sidewalk installation, a walking path and seating areas around the development's naturalized stormwater management facility that will be available for public use, funds to install a Village gateway sign near the corner of Bluff Ave. and 47th St., and future gateway enhancements to be completed in conjunction with the planned IDOT 47th St. and East Ave. project.
Additionally, the La Grange Municipal Code requires that an acre of public land be dedicated when 75 additional building sites are created as part of a final plat. The Applicant is proposing 70 building sites and thus is required to provide 0.93 acres of public land to the Village. The Applicant is dedicating to the Village an approximately 550 square foot area at the southeastern corner of the Subject Property to accommodate a future Village gateway sign. The Applicant has also agreed to install landscaping around the future Village gateway sign and maintain that landscaping in perpetuity. The Applicant is proposing to provide a fee in lieu to the Village for the remaining acreage as indicated in the attached development agreement. The total cash payment for the subdivision fee in lieu, gateway sign, and future gateway enhancements is $500,000.
The key provisions of the ordinance include: (1) The PD plans, including a product book that illustrates the approved architectural designs and floor plans of the single family houses and townhome buildings, as well as the anti-monotony requirements for the single family portion of the development; (2) Specifications for required building materials; (3) Limitations for on-street parking, including a prohibition of overnight parking; (4) A limit on the number of townhomes that can be rental (versus owner occupied). No more than 15 total units can be rental and no more than 2 units per building may be rented at any time; (5) Requirements for submission of final plans before permit issuance. One of the exhibits to the project approval ordinance is a development agreement. The development agreement is the developer's contractual commitment to undertake the project as approved, and it includes many protections of the Village's interests related to the development.
The development agreement drafted by staff and the Village Attorney includes the following key provisions: (1) the Applicant must install the necessary public infrastructure improvements at the Applicant's expense; (2) the Applicant, and subsequently the HOA, will retain ownership of all utilities, streets, stormwater management facility, and pedestrian amenities, except the water main which will be maintained and owned by the Village. Although the HOA will remain responsible for all maintenance of all private infrastructure, the development agreement includes provisions allowing the establishment of a special service area to fund future maintenance in the unlikely event that the HOA does not fulfill its maintenance obligations; (3) The Applicant may not assign the development agreement to another entity as part of a sale or other transfer of the Subject Property, without the Village's consent. If an assignment is made without compliance with that condition, then the entitlements granted for the project are terminated; (4) All preliminary plans for the project—including engineering, site design, and landscaping, are attached to the agreement, and the Applicant is required to submit final versions of these plans before any permit for construction the project is issued; (5) The provisions of the Project Declaration for the Project must include standards for long-term upkeep of the private utilities, streets, stormwater management facility, leasing restrictions of the townhomes, parking restrictions within the development, limitations on exterior storage, and rights of the Village to enforce those standards. The Project Declaration is also required to include an acknowledgement that homeowners may not apply for a variation to increase building coverage on any single family lot; (6) The Applicant must provide a Plat of Easement for the Subject Property for public access to the proposed private streets and pedestrian walkways; (7) The Applicant must promptly begin construction and continue through completion. The Applicant must provide performance security sufficient to ensure completion of all infrastructure improvements.
Community Development Director Jones and Attorney Burkland answered questions regarding compensating amenities, subdivision code and setbacks.
Trustee Gale noted that M/I Homes has presented to the Village five times as this project continued though the review phases. He expressed appreciation to M/I Homes for working to meet Village standards and expectations.
A motion was made by Trustee Kotynek to approve the creation of an ordinance approving amendments to the La Grange Zoning Map and Zoning Code, a Special Use Permit, a Planned Development and a Site Plan for Residential Development at 441 9th Avenue, seconded by Trustee McCarty.
Approved by a roll call vote:
Ayes: Trustees Gale, Kotynek, Kuchler and McCarty
Nays: None
Absent: Trustees Arnett and Holder
Ordinance - Amending Chapter 77 of the La Grange Code of Ordinances Regarding a Stop Intersection (9th and Goodman Avenues)
A motion was made by Trustee Kotynek to approve an ordinance amending Chapter 77 of the La Grange Code of Ordinances regarding the creation of a three-way stop at 9th and Goodman Avenues, seconded by Trustee Gale.
Approved by a roll call vote:
Ayes: Trustees Gale, Kotynek, Kuchler and McCarty
Nays: None
Absent: Trustees Arnett and Holder
President Livingston thanked M/I homes for being responsive to citizens, the Plan Commission, staff and the Village Board throughout the process. The Village is pleased and excited about this extraordinary addition to La Grange.
7. PUBLIC COMMENTS REGARDING MATTERS NOT ON THE AGENDA
None.
TRUSTEE COMMENTS
None.
CLOSED SESSION
None.
10. ADJOURNMENT
At 8:52 p.m. Trustee Kotynek made a motion to adjourn, seconded by Trustee Gale. Approved by a voice vote.
https://www.villageoflagrange.com/ArchiveCenter/ViewFile/Item/2204
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