Village of Wilmette President and Board of Trustees met January 9.

By Lhalie Castillo

Feb 21, 2018

Here is the minutes provided by the Board:

The Village President called the meeting to order at 7:32 p.m.

1.0 Roll Call

Trustees Julie Wolf

Daniel Sullivan

Senta Plunkett

Kathy Dodd

Joel Kurzman

Stephen M. Leonard

President Bob Bielinski

Staff Present: Timothy J. Frenzer, Village Manager

Michael Braiman, Assistant Village Manager

Jeffrey M. Stein, Corporation Counsel

John Prejzner, Assistant Director of Administrative Services

John Adler, Director of Community Development

Ben Wozney, Fire Chief

2.0 Public Comment

Mark Weyermuller, 208 Lawndale, said he continues to be concerned about property taxes and asked the Village Board to consider them in their decisions.

Lynn Seebacher, 1630 Sheridan Road, said she is the Board President for the 1630 Sheridan Corporation. She is speaking on behalf of the residents of 1630 Sheridan Road residents that have signed a petition that is being presented this evening. The petition is requesting an amendment to Village Ordinance #2003-O73 that would remove the requirement for retro fitting of sprinklers in pre 1975 residential high rise buildings. Along with the petitions, there is a cover letter that explains their position as well as a letter that they issued on October 20, 2017 to the Public Safety Committee. The majority of residents at 1630 Sheridan Road have signed the petitions requesting the amendment. She is respectfully requesting that the Village Board honor the wishes of the 1630 Sheridan Road residents that signed the petition by granting an amendment to Ordinance #2003- O-73.

Trustee Kurzman noted that there is a Public Safety Committee meeting scheduled to discuss the issue on Tuesday, January 30, 2018.

Elizabeth Gobbi, 1630 Sheridan Road, said she is the Vice-President of the 1630 Sheridan Road group and as a physician she is very concerned about safety but what troubles her about the issue is that surrounding communities do not require retro fitting of sprinklers in pre 1975 residential high rise buildings. She does not believe this is a safety issue for the reasons that Ms. Seebacher outlined.

Sydney Schneidman said he is the Co-Chair of the Building Committee at 1500 Sheridan Road. He said there is a lot of concern regarding the issues of retro fitting sprinklers for 1500, 1616 and 1630 Sheridan Road high rise buildings. He believes there are other options such as the implementation of multi-criteria fire detectors and they will be more advantageous. They propose that these advanced technology detectors be approved in the dwelling units of the three affected buildings in lieu of requiring sprinklers in the common areas of these buildings. He submitted a letter for the record.

Susie Shaw-Hammesfahr, said she is a resident of 1616 Sheridan Road, and she agrees with all the comments made by the previous speakers regarding the sprinkler issues and submitted a letter and petitions for the record.

Penny Fisher, 1500 Sheridan, said she is the President of their Homeowner Board and she also submitted a petition from the residents of her building. She encouraged the Village Board to consider the suggestion that they are making for the additional smoke detectors.

3.0 Consent Agenda

Trustee Wolf moved approval of the Consent Agenda as follows:

3.1 Approval of minutes of the Regular Board meeting held December 12, 2017.

3.2 Approval of minutes of the Committee of the Whole meeting held December 12, 2017.

Land Use Committee Consent Agenda:

3.3 Presentation of minutes of the Zoning Board of Appeals meeting held November 1, 2017.

3.4 Presentation of minutes of the Zoning Board of Appeals meeting held November 15, 2017.

3.5 Adoption of Ordinance #2018-O-1 approving a revised request for a 391.75 square foot (4.28%) total floor area variation, a 19.0’ front yard setback variation, a 1.71’ combined side yard setback variation, and a 474.37 square foot (20.54%) front yard impervious surface coverage variation to permit the construction of a garage addition on the legal non-conforming structure at 3110 Hill Lane in accordance with the plans as revised.

3.6 Zoning Board of Appeals Report, Case #2017-Z-58, 2441 Iroquois Road regarding a request for a 2.0’ fence height variation and a fence openness variation to permit the replacement of a 6.0’ tall solid fence in a side yard adjoining a street in accordance with the plans submitted; adoption of Ordinance #2018-O-2.

3.7 Zoning Board of Appeals Report, Case #2017-Z-61, 1123 Greenleaf Avenue regarding a request for a special use for a medical/dental clinic, small to permit the operation of a pediatric physical, occupational, and speech therapy practice (Little Steps Pediatric Therapy) in accordance with the plans submitted. The use shall run with the use; adoption of Ordinance #2018-O-3.

3.8 Zoning Board of Appeals Report, Case #2017-Z-60, 1132 Michigan Avenue regarding a request for a 4.25’ side yard generator setback variation and a 4.61 decibel sound variation to permit the installation of an emergency standby generator in accordance with the plans submitted; adoption of Ordinance #2018-O-4.

3.9 Zoning Board of Appeals Report, Case #2017-Z-66, 2011 Hollywood Court regarding a request for a 3.5’ side yard adjoining a street air conditioner condenser setback variation and a fence openness variation to permit two air conditioner condensers and a sound enclosure in accordance with the plans submitted; adoption of Ordinance #2018-O-5.

Finance Committee Consent Agenda:

3.10 Approval of December 2017 Disbursement Report.

3.11 Introduction of Ordinance #2018-O-6 amending Chapters 6 and 18 of the Wilmette Village Code regarding water and refuse fees.

Administration Committee Consent Agenda:

3.12 Recommendation of reappointment of Mason Miller to the Appearance Review Commission from February 12, 2018 to February 12, 2023.

3.13 Approval of contract in an amount not to exceed $24,750 with Tyler Technologies Inc. Dallas, TX for licensing and implementation services to upgrade the MUNIS Municipal Software Application.

Municipal Services Committee Consent Agenda:

3.14 Presentation of minutes of the Bikeway Advisory Group meeting held November 7, 2016.

3.15 Adoption of Ordinance #2017-O-90 amending the Wilmette Village Code, 1993, as amended, in Chapter 6 “Finance,” Section 6-6, “Municipal Contracts and Purchases,” Subsection 6-6.5, “Contracts Requiring Bids”.

3.16 Approval of contract in the amount not to exceed $628,692 with CDM Smith Inc., Chicago, IL for engineering construction management services associated with the Water Plant Electrical Improvements Project.

3.17 Approval of contract in the amount not to exceed $108,000 with Badger Meter Inc., Milwaukee, WI to furnish new water meters.

Public Safety Committee Consent Agenda:

3.18 Approval of contract in the amount of $646,028 with Global Emergency Products, Aurora, IL for the purchase of a fire engine pumper.

Judiciary Committee Consent Agenda:

3.19 Adoption of Ordinance #2017-O-95 adopting a Policy Prohibiting Sexual Harassment and amending the Village Code, 1993, as amended, in Chapter 2 “Administration,” Section 2-19, “Adoption of State Officials and Employees Ethics Act”.

3.20 Referral to the Judiciary Committee of public comment rules regarding Village Board and subsidiary public body meetings.

Trustee Sullivan seconded the motion. Voting yes: Trustees Wolf, Sullivan, Plunkett, Dodd, Kurzman, Leonard and President Bielinski. Voting no: none. The motion carried.

4.0 Reports Of Officers:

4.1 Presentation of check for the 2017 Housing Our Own-Wilmette Raffle to Karen Morgan.

Cam Krueger said Housing Our Own Wilmette is financially supported by the residents and businesses in Wilmette. Its purpose is to help residents who need a little extra financial help to stay in the Village. The fund relies heavily on the annual fund raising effort and there are approximately twenty families that receive funding. He noted that residents can also contribute to the fund when they are submitting their annual vehicle sticker fee.

Mr. Krueger presented a check to Karen Morgan who was this year’s winner of the raffle.

Ms. Morgan thanked the Village and Housing Our Own for their time and effort regarding the program. She does intend to donate part of the winnings to local charities, including Housing Our Own Wilmette.

Village Manager Timothy Frenzer noted that this week is the last week for Christmas tree pick-up, and holiday lights may still be disposed of at the Public Works Facility, 711 Laramie Avenue through January 31, 2018.

Mr. Frenzer said staff has put together a multi-platform, educational and public information initiative to fully inform residents about the upcoming decision making process for stormwater management.

Assistant Village Manager Michael Braiman said staff received direction from the Village Board that it was very important to engage the community, not only to educate the residents on the three stormwater options but also to continue our transparent and open process and gather feedback from the entire community as we move towards a decision.

There is a new stormwater improvements website for residents seeking current information about this vital issue. Staff will also be producing public information videos, working with the Cable Department to post the videos on the new website and Facebook and twitter apps. There will also be several direct mail pieces to make sure the information is received by all residents. There will also be two Open Houses, one in February and one in March at Village Hall. There will be a Special Village Board Meeting to make a final decision on April 17, 2018.

Mr. Braiman briefly reviewed the new website noting that all documents since 2013 regarding the discussion of stormwater are available to access on the website. There is also a feedback page for residents to fill out and the comments will be included in the report to the Village Board to review before the April 17th special meeting of the Village Board.

Trustee Dodd asked if we were looking for what option residents would prefer regarding the stormwater management options.

Mr. Braiman said yes, that will help the Village Board frame their decision on the options and there is a survey available on the website for residents to choose an option and provide comment.

There was no report from Corporation Counsel.

5.0 Report Of Liquor Control Commissioner:

No Report

6.0 Standing Committee Reports:

6.1 Land Use Standing Committee Report

6.11 Zoning Board of Appeals Report, Case #2017-Z-62, 431 9th Street regarding a request for a 1,268.22 square foot (31.71%) total floor area variation, a 248.14 square foot (6.2%) lot coverage variation, a variation to exceed the first floor height limit, a 17.79’ front yard setback variation, a 1.45’ side yard setback variation, an 11.51’ front yard porch setback variation, a 13.5’ front yard porch step setback variation, a 0.62’ combined side yard stoop and step setback variation, a 0.25’ accessory structure separation variation, a 0.42’ detached garage side yard setback variation, a 44.51 square foot (3.18%) front yard impervious surface coverage variation, and a variation to the requirement that new home provide two enclosed parking spaces, to permit the construction of a substantial addition and remodel that is classified as a new home and the retention of an existing detached garage in accordance with the plans submitted.

President Bielinski said the applicant withdrew the request

6.12 Zoning Board of Appeals Report, Case #2017-Z-63, 238 Kilpatrick Avenue regarding a request for a 916.55 square foot (10.92%) total floor area variation, a variation to exceed the first floor height limit, a 1.05’ side yard setback variation, a 3.13’ combined side yard setback variation, and a variation to the requirement that an attached frontloaded garage must be located a minimum of five feet behind the main front façade of the house to permit the construction of a substantial addition and remodel that is classified as a new home in accordance with the plan submitted.

Trustee Leonard moved approval of Zoning Board of Appeals Report, Case #2017-Z-63, 238 Kilpatrick Avenue regarding a request for a 916.55 square foot (10.92%) total floor area variation, a variation to exceed the first floor height limit, a 1.05’ side yard setback variation, a 3.13’ combined side yard setback variation, and a variation to the requirement that an attached front-loaded garage must be located a minimum of five feet behind the main front façade of the house to permit the construction of a substantial addition and remodel that is classified as a new home in accordance with the plan submitted, seconded by Trustee Wolf.

John Adler, Director of Community Development, said staff is recommending remanding the request back to Zoning Board of Appeals as the applicant submitted a revised request.

Ali Sajadi, applicant, said he learned today that it was staff’s recommendation that the revised request should be remanded back to the Zoning Board of Appeals. He said it is has been a difficult process for him to go through and he feels it should be an easier process.

President Bielinski encouraged the applicant to focus on the Zoning Board of Appeal’s report addressing the hardship of the proposed variations.

Trustee Wolf moved to remand the request back to the Zoning Board of Appeals, seconded by Trustee Sullivan. All voted aye, the motion carried.

6.13 Remove From Table- Plan Commission Report, Case #2017-P04, 333 Ridge Road regarding a request for a Planned Unit Development Preliminary Plan and Special Use to permit the construction of a three-story residential care facility containing approximately 64 units located in the NR, Neighborhood Retail, zoning district in conformance with plans submitted. The use to run with the use. The approval conditioned upon the following: 1) The buffer yard to the south being increased in size. 2) No vinyl fencing material will be used on site. A metal picket and brick pier fence will be installed in all areas where the vinyl fence was proposed except on the west property line where a wood fence may be installed. 3) All site plan review comments be addressed.

Trustee Leonard moved to remove the item from the table, seconded by Trustee Sullivan. All voted aye, the motion carried.

Trustee Leonard moved to grant a request for a Planned Unit Development Preliminary Plan and Special Use to permit the construction of a three-story residential care facility containing approximately 64 units located in the NR, Neighborhood Retail, zoning district in conformance with plans submitted. The use to run with the use. The approval conditioned upon the following: 1) The buffer yard to the south being increased in size. 2) No vinyl fencing material will be used on site. A metal picket and brick pier fence will be installed in all areas where the vinyl fence was proposed except on the west property line where a wood fence may be installed. 3) All site plan review comments be addressed, seconded by Trustee Wolf.

President Bielinski said at the previous meeting on December 12, 2017, the Village Board tabled the request and asked the applicant to look at the relief requested and the public benefit provided.

Jay Hicks, Senior Vice President, Artis Senior Living, said he would like to start with the site related changes they have made to address the concerns expressed previously by the Village Board.

Rick Whitney, Fitzgerald Associates Architects, said they did find a means to reduce the height from 48’ to 44’ by moving the loading area from inside the building to outside southwest corner of the building and they will provide screening for the loading area. They have also increased the height of the hedge that runs alongside Ridge Road to have a better screening of the building. Other changes to the site plan include widening the planting buffer along the east side of Ridge Road. They have added two more feet to the planting buffer by changing the front drive aisle to one way and having angled parking. There were previously ten parking spaces in the front but by changing the plans, they now have five parking spaces. He also noted they were able to remove a portion of the back wall in the parking area of the building to provide a maneuvering area for trucks to back up for loading and unloading. With the changes to the site plan, they were able to pick up two more parking spaces in the parking garage which gives them a total of 52 parking spaces, 47 inside and 5 outside of the building which is still above the ordinance requirement for parking.

Trustee Leonard asked if there will be differences in noise pollution or exhaust to the neighbors with the new, proposed loading area.

Mr. Whitney said he does not believe it will increase the noise or exhaust pollution.

President Bielinski asked if we require trucks to turn their engines off or can they idle in loading areas.

Mr. Frenzer said it is not in our ordinances but we work with businesses to encourage that they have the trucks turn off their engines during the loading process.

Mr. Stein said it was his understanding that there would not be a significant number of trucks loading and unloading at the site.

Mr. Hicks said there would be two to three visits per week for food, two deliveries a month for medical supplies, consumables possibly every other week.

Trustee Leonard asked what type of fence would be installed around the loading area.

Mr. Whitney said there would be a six foot fence installed surrounding the loading area, most likely wooden fence.

Trustee Plunkett asked where visitors would park other than the five parking spaces out front.

Mr. Whitney said they would be designating visitor parking inside the parking garage also as there will be enough parking for staff which would be approximately 22 spaces if everyone drives to work. They do not anticipate any parking issues as there are shifts for staff.

Trustee Dodd asked how they would handle holidays or events at the facility regarding parking.

Mr. Hicks said there certain days of the year where there is exceptionally high visitation and they will provide a shuttle from a designated parking area close by. That has worked well for them at their other facilities.

Mr. Adler noted that there is a requirement that the loading dock be convenient to the service area but he believes that the trucks will pull up to the proposed service area and unload there. He said staff would make sure that whatever landscaping is proposed will be a full buffer to the property to the south. Staff will also review the turning diagram for the loading area as it appears very tight for trucks to turn around as they just received the plans for the loading area this evening.

Mr. Hicks said there was a discussion at the last meeting about sustainability and his team met with Trustee Wolf to discuss that. They will be making a commitment to achieve a Green Globe level of certification which is nationally recognized and achieves many of the same things as LEED certification.

Trustee Wolf said she was impressed with what she heard about the Green Globe process and was not previously aware of it. She understands that it has been in Europe and Canada and is making its way to the United States. She also noted that a number of Whole Foods Stores are Green Globe certified and there are a number of other buildings in the area that are Green Globe certified. From her discussion with Artis, it seems like Green Globe is a little more suited to this type of building than LEED would be and they would be achieving a very substantial level of Green Globe certification.

Trustee Plunkett asked if the sustainability expert would like to comment on the process as it would be educational for residents to hear about Green Globe.

Charlie Saville said he is a sustainability consultant with W. May Consulting Engineers in Chicago. He said LEED and Green Globe are targeting the same global concepts related to site, energy, water conservation, indoor air quality materials and the constructability of the building. When comparing both programs, all the same major concepts are there. He noted that Green Globe focuses more on the building, site and the surrounding neighborhood.

Mr. Hicks said Artis is also committed to donating to Housing Our Own Wilmette $10,000 per year, beginning one year after occupancy and a $10,000 year contribution annually to the Village to underwrite the cost of emergency runs to their residents and any real or perceived loss of tax revenue.

President Bielinski asked if there would also be preference given to Wilmette residents’ family members.

Mr. Hicks said he neglected to mention that a preference will be given to Wilmette residents’ family members when there is a waiting list.

Trustee Leonard asked what the precise language would be written into the contract.

Mr. Adler said he did not have the precise language but the wording would include “that Artis will offer preferred status to Wilmette residents or children, siblings, parents or grandparents of Wilmette residents. The preferred status would be offered in frequency of no less than every second opening that arises”.

Corporation Counsel Jeff Stein said everything discussed will be codified in an ordinance.

Trustee Leonard asked how the preference for Wilmette residents will be administered.

Mr. Hicks said they have never had to do this before, so they would be charged with administering the requests with oversight from the Village.

Trustee Dodd asked if the Village would monitor the waiting list so the situation would be clear to everyone.

Mr. Stein said the Village would request a report once a year to verify that they are complying with the ordinance.

President Bielinski said in regards to the $10,000 yearly contribution, after a certain amount of years, would Artis consider a CPI type of adjustment to the amount as the amount would not be seen as the same in 10-20 years.

Mr. Hicks said the point is well taken and he would consider that and work with staff on reasonable numbers.

President Bielinski said while the PUD process has been around for 20 years, he does not believe it has been successfully used all that much.

Mr. Adler said until the hotel was approved and built a few years ago, no PUD had been approved and constructed. He said in 20 years there have only been two PUD’s approved and constructed.

Mr. Kurzman said in regard to the applicant’s offer regarding the loss of sales tax, does Mr. Adler have an opinion on that.

Mr. Adler said it is hard to say as the shopping center has turned into a lot of personal uses over the past years and what is being offered by the applicant is pretty close.

Trustee Wolf said she is aware that staff is trying to help the businesses in the shopping center relocate and she would like to see those businesses stay in Wilmette.

Trustee Kurzman asked if staff had done anything specific to try to attract businesses to that shopping area.

Mr. Adler said they have not done anything specific for that location, typically what they do is if someone contacts them, they have a list of vacant properties that they will present to them

Trustee Kurzman asked what makes Central Street in Evanston so successful.

Mr. Adler said Central Street in Evanston is fortunate to have Northwestern University, Evanston Hospital, the Metra Station, El Station and high density buildings. It is also a more compact area with commercial spaces. He said in talking with people in Evanston they said it really just happened, they could not really point at anything that they did.

President Bielinski asked if there was anyone present to speak for against the request.

Hal Franke said he came to the meeting as an observer and represents Housing Opportunity Development Corporation (HODC) which is the property owner next door to the proposed project and has a pending application before the Village. He believes the proposed project is great and he hopes the Village Board approves it. He decided that since his client has met with Mr. Hicks he would like to share the concept of encouraging the dialogue with his client and Mr. Hicks about the possibility of somehow facilitating access from their property to 333 Ridge Road should the project proceed.

President Bielinski noted that the HODC project has not come before the Village Board so they are not well informed of the site issues.

Trustee Sullivan said he does not believe it is appropriate to discuss a plan that has not been presented to the Village Board this evening.

Mr. Franke said he is not asking the Village Board to negotiate an agreement, he is just asking them to encourage the two parties to consider an agreement regarding access.

Corporation Counsel Jeffrey Stein said he believes Mr. Franke is saying that he does not want a condition on the applicant’s request but he does want the Village Board to encourage private negotiation between the applicant and Mr. Franke’s client for what sounds like an easement on two private entities. He said the negotiation would be up to the two private parties, it is not proper for the Village Board to encourage a negotiation on this matter, at this time.

Mimi Dray said she would like to applaud the changes to the PUD that Artis came back with this evening, she really appreciates the changes. She takes great offense to the previous comments from Mr. Franke. She encouraged the Village Board to look at the merits of Artis Senior Living and what it can bring to our community.

Trustee Leonard said he is very pleased with the accommodations that were made since the last meeting. He feels that the $10,000 that was allocated to Housing Our Own Wilmette will go a long way, the payment in lieu of sales tax forfeited is a compromised number but he feels the shopping center on the property has been problematic for a long time and the payment is comforting. We were concerned about the ambulance issue but he had some conversations with staff and they suggested that they will keep a close eye on that and if does become a problem then there are means to remedy that. From the development standpoint, he has always felt Artis has done a good job in designing the project and the accommodation on the height was helpful. He would like to make sure that staff monitors the loading zone as that could become a problem in the future. He supports the project and appreciates the accommodations.

Trustee Wolf also believes Artis has done an outstanding job of meeting some of the requests and concerns that the Village Board had at the last meeting. She believes the changes to the site plan will work better and look nicer. The community benefit is really significant and the Green Globe certification is great and she would like to see that as a precedent for other building projects. She also believes the preference for potential residents with ties to Wilmette is important. She is in favor of the request.

Trustee Sullivan said he agrees with Trustees Leonard and Wolf’s comments. He complimented Artis on the changes they have made over the past month regarding the height, site plan and contributions to the Village. We have an opportunity to work with someone that is committed to the community so he will support the request.

Trustee Plunkett said she appreciates all the additions to the project to enhance the public benefit to the residents of Wilmette. She also appreciates that the project will offer stormwater benefits compared to the existing site. She believes having a place for people facing these issues closer to home will be a benefit for many people.

Trustee Dodd said she agrees with what her fellow Trustees have said and thanked Artis for their patience in going through the process. She believes they have made all the right accommodations. She also believes the memory care facility will benefit our residents and appreciates that Wilmette residents will have an advantage on the waiting list. She believes the project will be good for the community on many levels and it is possible that this will allow some of the other commercial areas to possibly succeed. Clearly, the applicant has done a tremendous job as there are no residents present to speak against the project. She will support the request.

Trustee Kurzman thanked the applicants for addressing all the concerns with the project. His concerns start with below ground and work their way up. He is concerned for residents between Romona and Ridge Road. He opposes significant new structure west of Ridge Road until we have direction with stormwater management and that includes land use. He does have concerns with the loss of retail in that location as once retail goes, you can never reclaim that. He would feel differently about that if there were comprehensive plan documents or other types of planning that went into this to decide that retail cannot work there. His last concern is about affordable housing and there are very few opportunities to add to it in the Village. When he sees something of this magnitude and it does not have new housing opportunities, he wonders about the opportunity lost. He does appreciate the PUD offerings to go into an annual contribution and that is a significant turn.

President Bielinski said the PUD discussion is one that weighs the relief requested by the applicant with the public benefit. The building is large and that is one of his concerns but the plans have been adjusted and the public benefit that has been added is substantial. One of the biggest elements, other than the size of the building, is the very clean site plan with a lot of parking. He shares the concerns of Trustees Leonard and Kurzman regarding the loss of retail but the fact that the applicant has figured a way to give preference to Wilmette residents goes a long way as a benefit. He believes along with all the other public benefits offered, the public benefit provided now does measure up to the relief that is requested. He can support the project.

Trustee Leonard moved to amend the request to include; 1) the shadow box type fence to mitigate the noise from deliveries, 2) Green Globe Certification, 3) financial contributions to the Village and Housing Our Own Wilmette, 4) residential preference and reporting requirements, seconded by Trustee Wolf.

Mr. Stein said he would draft the ordinance and work with staff and Artis to finalize the ordinance to be signed by the Village President.

Voting yes on the amended request: Trustees Wolf, Sullivan, Plunkett, Dodd, Leonard and President Bielinski. Voting no: Trustee Kurzman. The motion carried.

6.2 Finance Standing Committee Report