Village of Northbrook Board of Trustees met May 22.
Here is the minutes provided by the Board:
1. Roll Call
Attendee Name; Title; Status; Arrived:
Sandra Frum Village President Present
James Karagianis Trustee Present
A.C. Buehler Trustee Present
Kathryn Ciesla Trustee Present
Bob Israel Trustee Present
Muriel Collison Trustee Present
Jason Han Trustee Present
2. Pledge Of Allegiance
3. Minutes Approval
A. Board of Trustees - Regular Meeting - May 8, 2018 7:30 pm
Result: Accepted [Unanimous]
Mover: James Karagianis, Trustee
Seconder: Muriel Collison, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
4. Hear From Audience
Justin Lu, 1227 Eastwood, Northbrook, spoke about the Heritage Tree in his backyard. The tree has two large branches, one of the branches overhangs his property. He is very concerned about the safety of his property and people in the yard. He has submitted a request to remove the tree. The response he received was to trim the large branch. If that branch is trimmed, the tree will become unbalanced and even more of a danger.
President Frum informed Mr. Lu that he needs to go before the Public Works Committee.
Steven Rosenberg, 191 Trailwood Lane, Northbrook, asked for relief regarding a house that is right behind where he lives; the address is 4323 Phyllis Drive, Northbrook. The house had a significant fire over fifteen months ago and is still in the state of disrepair. This house is an attractive nuisance. His dog almost died chewing on pieces of debris from a tarp that is still hanging off that house.
President Frum responded that the Village is presently in court on this matter. Tom Poupard responded that the next court date is June 8, 2018 and we are seeking a demolition order. The biggest challenge is that the bank has not yet taken title to the property.
5. Manager's Report
Thanks to the Community Relations Commission and Eric Jensen for their work on Flamingo Friday.
6. Warrant List
A. Review and Approval of Payments to be Made
Motion to approve Class A and B Warrants for May 1 - 15, 2018 totaling $2,338,437.97.
Result: Adopted [Unanimous]
Mover: Kathryn Ciesla, Trustee
Seconder: James Karagianis, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
B. Frontage Deposit List Dated May 14, 2018
Motion to approve the Frontage Deposit Refunds totaling $20,200.00.
Result: Adopted [Unanimous]
Mover: Kathryn Ciesla, Trustee
Seconder: James Karagianis, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
7. President's Report
A. Commission Appointment and Reappointment
Architectural Control Commission-
Cliff Town appointed as Chair.
Robert Katz (Re-appointment - 2 Year term).
Result: Approved [Unanimous]
Mover: James Karagianis, Trustee
Seconder: Bob Israel, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
B. Congregation Beth Shalom's 50th Anniversary
President Frum read and presented a Proclamation to the Beth Shalom Congregation honoring their 50th Anniversary.
President Frum read and presented a Proclamation for National Gun Awareness Day.
President Frum recognized the work of the Village Staff, especially the Public Works crew and thanked them for the work they did last weekend during the rain storm, 2" of rain in a 48-hour period. Public Works responded to a total of 54 requests related to the rainfall.
President Frum reported on the recent purchase and closing on the property at 1657 Shermer Road. One option being explored by the Village for that property is the possibility of moving the Metra Commuter Station to that site.
8. Consent Agenda
Result: Adopted [Unanimous]
Mover: Kathryn Ciesla, Trustee
Seconder: James Karagianis, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
A. Resolution No. 2018-59
A Resolution Authorizing an Agreement for Parkway Tree and Stump Removal Services from Advanced Tree Care of Lincolnshire, Illinois
B. Resolution No. 2018-60
A Resolution Authorizing the Purchase of Liquid Aluminum Sulfate for the Water Treatment Plant from USALCO, LLC of Baltimore, Maryland
C. Resolution No. 2018-61
A Resolution Approving the Purchase of Sodium Hypochlorite and Liquid Chlorine for the Water Treatment Plant from Alexander Chemical Corporation of Springfield, Illinois
D. Resolution No. 2018-62
A Resolution Authorizing the Renewal of an Agreement for the Purchase of Uniforms for the Northbrook Public Works Department from SDS Holdings Inc. D/B/A Cutler Workwear of Mundelein, Illinois
E. Resolution No. 2018-63
A Resolution Authorizing the Purchase of Fluoride for the Water Treatment Plant from Rowell Chemical Corporation of Hinsdale, Illinois
F. Ordinance No. 2018-26
An Ordinance Amending Chapter 2 of the Municipal Code and Approving the Creation of an Administrative Hearing System
G. Ordinance No. 2018-27
An Ordinance Approving a Special Use Permit to Allow a Landscape and Horticultural Service Including Outdoor Storage in the I-1 Restricted Industrial District (PCD-18-05: 255 Anthony Trail - Wilson Lawn & Landscape)
H. Ordinance No. 2018-28
An Ordinance Approving the Purchase of Three Police Department Vehicles from Currie Motors of Frankfort, IL
I. Ordinance No. 2018-29
An Ordinance Amending the Board of Fire and Police Commission Rules and Regulations
9. Closed Session
Trustee Karagianis moved, seconded by Trustee Collison to discuss potential litigation. On voice vote all were in favor.
Committee Reports
10. Planning/Zoning
A. Preliminary Review - Zoning & Development Applications
1. Preliminary Review of a Request for a Special Permit to Allow a Boarding Kennel at 1851 Janke Drive for Brooks Canine Center
Report on 1851 - Dog Boarding Kennel. Senior Planner Pandey explained that the property is located in the I1 Restricted Industrial District. The unit to be occupied is approximately 3,000 sq. ft. and the interior proposal is to renovate the tenant unit and propose a separate boarding and day care area for dogs. There will be an indoor artificial grass area for play and training purposes, including some office and storage space as well. The maximum occupancy at its peak is expected to be 45 to 54 dogs, with no more than eight employees at the maximum. There is no proposed exterior site work. There will be no outdoor activity related to dog walking or pet play area. The hours of operation are Monday through Friday 7:00 a.m. to 7:00 p.m., Saturday 9:00 a.m. to 3:00 p.m. and would generally be open 365 days per year with staff present. In reference to parking, there will be a deficit of six spaces per the Zoning Ordinance requirements. There are 28 spaces present on the property, excluding the loading space drives; however, the code requirement is a total of 34 parking spaces. The applicant is requesting a Variation to reduce the required parking by six spaces.
Trustee Karagianis has concerns about the amount of parking spaces and the size of the square footage for the number of dogs and the noise issue that would arise.
Trustee Buehler agrees and is also concerned about the amount of parking spaces for staff and for people dropping off their dogs.
Trustee Ciesla doesn't have a concern with the square footage, but is concerned about parking.
Trustee Israel is concerned about the square footage and the available parking.
Trustee Collison is concerned about the pick-up and drop off of the dogs.
Trustee Han agrees with the other Trustees on their concerns.
President Frum concurs.
2. Preliminary Review of a Request for a Rezoning, Special Permit Approval, Variations, and Site Plan Approval to Accommodate the Joy of the Game at 3401-3411 Commercial Avenue
Tom Poupard stated that the proposal is to relocate Joy of the Game as well as a school, some physical therapy facilities and related uses from a site that is currently behind Deerbrook Mall to the Village of Northbrook. The property is located at the intersection of Commercial and Huehl at the southwest corner. This a vacant industrial building. The property is Zoned I1, Restricted Industrial which does not allow this use. Therefore, a zoning change would be needed. It is also designated as appropriate for General Industrial, Warehouse and Office use in the Comprehensive Plan,. The property is surrounded to west, north and east by industrial and to the immediate south with single family residential separated by a public street. The initial plans indicate a total of 141 parking spaces on site. Based on staff observations of the existing facility, up to 200 spaces may be needed on the weekends. There are changes proposed to the building, they would raise the roof and construct a second level. This would require a re-zoning of the property to the IB District which would allow the fitness facility by special permit. They would need a relief to authorize the 1 on 1 personal training, as that would require a Special Permit. The elementary school component would also require a Special Permit.
Trustee Karagianis has visited Joy of Game in the past and stated it is a wonderful business. He has nothing against this use, but has concerns with the adequacy of the parking and the possibility that it will spill onto the public streets and adjacent parking lots.
Trustee Buehler has parking concerns also.
Trustee Ciesla stated that she has received twenty-five letters stating that this business would not be a good fit, there is a lot of truck traffic in that area and there are concerns about the safety of the children.
Trustee Israel would love to see Joy of Game in Northbrook but they need to prove that they can provide shared parking to support the business.
Trustee Collison feels that the amount of trucks in this area would be an issue and the parking is also a big issue.
Trustee Han agrees with his fellow Trustees.
President Frum is concerned about the hours during the week, that their peak hours start at 5:00 p.m. which is a peak hour for the industrial park with people leaving and parking is an issue. If people cannot find a spot they will park in the street regardless of signage.
The Board Of Trustees Took A Five Minute Break
11. Public Safety
A. Consideration of Remanding to a Future Committee of the Whole Agenda the Discussion of Enforcement of the Cook County Assault Weapon Ban Ordinance
Attorney Elrod informed the Board that at the April 24th Village of Northbrook Board Meeting, he received direction on several matters concerning fire arms and assault weapons. Two of these directions resulted in the two Draft Ordinances that are on tonight's Agenda. The third direction he received was to research the applicability and the enforceability of the Cook County Assault Weapon Ban within the corporate limits of the Village of Northbrook. The Cook County Assault Weapon Ban first adopted in 1995 and known as the Blair Holt Assault Weapon Ban is applicable within the Village of Northbrook. Northbrook and Cook County are both Home Rule units of government. Under Illinois law, the Ordinance or the law of a Home Rule County are fully applicable within a Home Rule unit located within Cook County unless, the Home Rule Municipality adopts an Ordinance conflicting with the County Ordinance. Thus, opting out of the applicability of the County Ordinance. Northbrook can and has done that on other occasions. In this instance, Northbrook cannot opt out of the applicability of this Ordinance because the State's preemption provision that was made part of the 2013 Amendment to the Concealed Carry Act prohibits Municipalities from adopting any regulation of Assault Weapons at all unless they did so within a certain time period in 2013 or had an Ordinance on the books prior to 2013. Northbrook did not so, they do not have the ability to adopt a conflicting Ordinance to Cook County's. The Ordinance is fully applicable within the Village of Northbrook and could be enforced by the Village of Northbrook or by Cook County or together. The problem determining enforceability is that Cook County has never enforced and is not enforcing the Cook County Assault Weapon Ban. Attorney Elrod met with Representatives of the Cook County State's Attorney to discuss and review Northbrook's options and hoped to receive some guidance and they had no advice or guidance to provide. Northbrook needs to discuss several policy issues before it can start enforcing this Weapons Ban. Issues such as the penalty provision, the forum, whether there should be a grace period before enforcement begins. These can be worked out with the direction of the Board and Attorney Elrod recommends that the Board review these important enforcement policy issues at its next meeting which is on June 12, 2018. The two Ordinances that are on the Agenda tonight were both discussed at length at the April 24, 2018 meeting. The first prohibits the sale and manufacture, transfer or possession of any bump fire stock or a trigger crank, which are defined in the Ordinance. The second Ordinance is an Amendment to the Village's Liquor License provisions and it requires Liquor Licensees that allow consumption of alcohol on their premises must prohibit the carrying of concealed firearms on the premises and they must post signage. There are some exceptions, individuals that are authorized to carry a firearm under the Illinois criminal code, officers of the peace, other military personnel, retired law enforcement officers and the owner, lessee, tenant or operator of the licenses premises are all exempt from the regulation.
Mike Scolaro, Northbrook, thanked the Board for taking these two measures under consideration and urged the Board to give serious consideration to Cook County Ordinance.
Michael Dinanno, 2131 Crabtree Lane, Northbrook, stated he has lived in Northbrook his entire adult life. Violence in our society has been on his mind a lot lately since his son is now in law enforcement. He is urging the Board to consider what action they will be taking if they took a sudden enforcement of the County Assault Ban and what impact it might have on otherwise lawful gun owners.
David Talisman Northbrook, gave statistics and analogies on guns and gun ownership.
Joshua Potts, Chicago, spoke about signs being posted in restaurants. He is interested to hear from the Board if there is any research on if there are any incidences in the entire State where somebody was in a restaurant while carrying a firearm and caused a problem. He doesn't feel that if this Ordinance is passed it won't make people safer or less safe, it won't make crime worse or better. He doesn't feel this Ordinance should be passed.
Jo-Jo Hebl, Northbrook, stated he is appalled that bump stocks are being sold in Northbrook. Northbrook Community should not be associated with any bump stock sale. We cannot opt out of this. Having our Police not enforce this, is opting out. Please adopt the enforcement immediately.
Gerard Carabre, Glendale Heights, stated approximately 2.1% of Northbrook residents have conceal carry licenses and go through several hours of training. These people are the least likely to commit crimes and these are the people you will be applying restrictions to. In Virginia, in the first year that concealed carry holders could carry in bars, the number of major crimes involving firearms at bars and restaurants declined 5.2%.
Rafael Ryback, Chicago, stated he is considered moving to the suburbs and Northbrook is a consideration. Stated that most home invasions have five to six people breaking into your house and you need to have a weapon that can fire multiple shots at one time. In Cook County it is legal to have an AR pistol. He invited the Board to the gun range to learn what they are about to regulate.
Boris Pazin, Northbrook, stated as a resident, he is appalled at what is being discussed here. We are focusing on the wrong issues. These are feel good measures, they are not going to stop a criminal that has intent to commit a crime with a weapon of any kind. The scariest thing we should be worrying about is our schools, they are grossly under protected.
Jody Auliff, Marengo, stated we all have the same goal in mind, we want to prevent mass shootings. People who commit these horrible crimes are criminals. They are not law-abiding citizens. Taking guns away from law-abiding citizens will not stop these criminals.
Amara Miller, Island Lake, stated our nation is very fragile as it is right now and we are one catastrophe away from a whole different world. After Katrina hit New Orleans it only took three days for people to turn on each other. We would only have whatever little fire power we have left after you pass feel good laws, if that's what you decide to do.
Megan Kivarkis, Northbrook, addressed the Board as a concerned Mom. She grew up with a family of gun owners. We need to do more as a Village and stop the sale of bump stocks.
Catherine Caponsso, 2534 Essex Drive, Northbrook, stated as a mother of a freshman at GBN she worries about sending her kids to school every day. Happy to see that the Board is considering the enforcement of these laws that are already in place and not being enforced by Cook County.
Jennifer Saperstein, Northbrook, asked the Board to please not allow political factors to influence your vote. Please vote with your heart and conscience. Please keep all the children in this Village in your mind when you cast your vote. Guns have no place in an establishment that sells alcohol. Gun violence can happen anywhere.
Curt Schaller, Northbrook, and a NRA Member believes there should be restrictions on gun shows. Guns are easy to purchase but, is firmly against the Village of Northbrook taking any further action against assault rifles. Where is the research that shows that conceal carry by law abiding citizens is in issue in restaurants?
Cory Kaplan, a resident of Buffalo Grove but was raised in Northbrook - is a United States Marine Corp Veteran. Will there be signs posted in Northbrook so that everyone who is not a resident here knows that this Ordinance is effect? So, if you are just passing through Northbrook and have an assault rifle with you and you get pulled over, will that assault rifle be taken from you? Everyone should be able to carry a weapon to protect themselves.
Jim Garthe, stated he is a Northbrook resident for 35 years and has no children but, one third of his taxes go to the school district. He would like to see some of that money go to fortifying the schools, protecting the children.
Lee Goodman, Northbrook, stated that the NRA's number one rule is that if you are drinking, you shouldn't have a gun.
Carl Arria, Mt. Prospect, stated he is against the proposal of an assault weapons ban. There are bigger issues here to address, parking, flooding, things that need to be taken care of in the Village. How are you going to enforce if someone just has a bump stock? This Ordinance will not stop crime or take care of people, it's just a feel-good measure.
Pat Spalatra, stated he was a 25-year resident of Northbrook. He compared the Las Vegas shooter and his use of a bump stock to the killings in France where a truck was used. If you ban bump stocks because of one person’s shooting spree, then shouldn't all trucks be banned also?
Patrick Murray, of Chicago and a NRA Member stated there is no easy fix for what is going on in our society today. Whenever a country imposes a law and collects all the firearms from their people, they can inflict whatever they want on those people and they have no recourse. When only police have firearms all you will have is a police state.
Michael Vaughn, Northbrook, commented enforcing a law that hasn't been enforced in 20 years will be an uphill legal battle. More focus needs to be on schools and protecting them.
John Alexander, Northbrook, thanked the Board for their time. Ordinances that the Board are considering have a great effect on law-abiding citizens. Law-abiding citizens such as concealed carry holders have a right to go into a restaurant that serves alcohol. Please consider the ramifications of putting certain Ordinances in place that will affect people in this community.
Larry Panozzo, Northbrook, questioned why the Cook County Ordinance has never been enforced? After speaking to Cook County Law Enforcement they feel that this Ordinance is unenforceable.
Richard Rossman, Northbrook, stated he does not want his tax dollars to go to lawyers defending a Second Amendment issue that's nationwide. The Village Board should not be involved in this gun control discussion. Any money spent should be spent on protecting the schools.
Nancy Goodman, Northbrook, stated guns are not just killing children in this country, they are killing the soul of this country. There is too much protecting of guns, not enough protection of people. The Board has a chance to do something here, please do it.
Peter Elliot, Wilmette, stated you cannot go into any establishment carrying a gun and drink alcohol, you can't have a sip of wine. Illegal. Where does gun banning stop? None of these Ordinances are going to stop anything. They will have zero effect.
Salvatore Costanza, Vernon Hills, stated as citizens we have the right to keep and bear arms. It is irresponsible to think that another sticker or sign will stop any action from happening from a criminal. I have a right to carry and defend my family.
Sari Shuman, Northbrook, stated her biggest concern is the safety of the people who live in the community. She is afraid to send her kids to school every day. Our schools need to be protected. This is a big issue, not just about guns.
Dave Johnson, Prospect Heights, stated if you pass a ban like this, aren't you profiling people who are conceal carry people? Would the Town of Northbrook be subject to a lawsuit against that?
David Busscher, Northbrook, stated the main point not being addressed tonight is we need to protect the kids. None of these gun laws that you would enact would save kids. However, statistics say that there are more lives saved with guns then are taken by guns in a year.
B. An Ordinance Amending Chapters 15 and 17 of the Northbrook Municipal Code (1988) Prohibiting the Possession and Sale of Certain Firearm Accessories
Result: Adopted [Unanimous]
Mover: A.C. Buehler, Trustee
Seconder: Bob Israel, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
C. An Ordinance Amending Division 2 of Article II of Chapter 4 of the Northbrook Municipal Code (1988) Prohibiting the Concealed Carry of Firearms on Any Premises Where Alcohol is Sold for On-Premises Consumption
Result: Adopted [Unanimous]
Mover: A.C. Buehler, Trustee
Seconder: Bob Israel, Trustee
Ayes: Frum, Karagianis, Buehler, Ciesla, Israel, Collison, Han
12. Administration/Finance
No Report
13. Public Works
A. Verbal Report of the May 22, 2018 Public Works Committee Meeting
Revisited the Master Bicycle and Pedestrian Plan. Hope to present it in draft form to the Board.
14. Communications And Legislation
No Report
15. Community And Sustainability
No Report
16. Remarks For The Good Of The Order
Monday is Memorial Day and there will be a parade in town at 10:30 a.m. at the corner of Western and Cherry.
Tomorrow is Student Government Day. If you have the chance to watch the Board Meeting at 7:30 you'll have the opportunity to hear and see some of the 8th graders of our community as they have taken over running the Village for a day.
17. Adjourn
Trustee Buehler moved, seconded by Trustee Ciesla to adjourn the meeting at 10:19 pm. On voice vote, all were in favor.
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