Village of Northbrook Board of Trustees Committee of the Whole met Jan. 28.
Here is the minutes provided by the committee:
1. ROLL CALL
2. MINUTES APPROVAL
A. Review and Approval of the January 14, 2020 Committee of the Whole Meeting Minutes
3. PUBLIC COMMENT TIME
Mark Spencer and Jodie Kenzer, Northbrook Civic Foundation board members, stated that they are pleased at the possibility of bringing Northbrook Days back to the Village Green Park. They would be happy to answer any questions.
4. DISCUSSION TOPICS
A. Northbrook Days 2020
President Frum stated that the Park District has agreed with the proposal made by the Civic Foundation to bring Northbrook Days back to the Village Green Park. The current plan places the major rides in the baseball diamond and the kid rides on Shermer Road. The Board must decide whether to entertain the concept of closing Shermer Road for the set-up and length of the event. If the Board is open to the idea, Civic members will report their findings after talking with the business owners on Shermer Road. Trustee Collison expressed concerns as to whether closing Shermer would help or hurt businesses foot traffic. She asked if closing Walters Avenue was considered. President Frum explained St. Norbert Church and the commuter lots would be handicapped if Walters Avenue was closed. After discussion, the Board decided to proceed with the investigation. Mr. Settler will contact the Village Manager regarding how to proceed. The item will be placed on the February 11, 2020 agenda for a final decision.
B. Review of the Municipal Code
In May 2019, a systematic review of the Northbrook Municipal Code was requested. The last time the municipal code was amended was in 1988. Brooke Lenneman of Holland & Knight, helped with the review along with Village Clerk, Debra Ford and Assistant to the Village Manager, Madeline Farrell. It was determined that some changes will be made to the code and some items will be cleaned up. Village Clerk Ford stated that when all of the proposed changes are made, the municipal code will again be brought back to the Board. The annual fee ordinance will have to be amended and changed. Tonight’s review included amendments to;
Chapter 3: Alarm Systems;
Chapter 8: Civil Emergencies, Emergency Services, and Disaster Relief;
Chapter 12: Fire Prevention and Protection;
Chapter 22: Street and Sidewalks;
Chapter 23: Taxation;
Chapter 25: Tree Protection and Preservation, Vegetation.
Existing Chapters 3, 8, and 12 will be combined into existing Chapter 3, and renamed “Public Safety”. Part of Chapter 12 and 20 (Police Department) will be moved to Chapter 2, “Administration”. Chapter 2 will then include all of the Village department information.
Chapter 3 amendments include adding a definition for an “unnecessary alarm”. It provides a response for repeat false alarms. There was a concern regarding no disincentive for the Fire Department having to respond to multiple trouble alarms 3-83 (a). Similar to non-bona fide alarms, if there is a certain number of unnecessary alarms, there will now be a fee. Trustee Ciesla asked if offenders receive a ticket or do they get a letter? In response, Chief Carlson stated presently they are sending out a letter. Attorney Lenneman stated either the Village will send out a letter to the offender or a fee for service. Trustee Ciesla asked if it would move into local adjudication. Attorney Lenneman explained a citation for failing to pay the fees could be brought through local adjudication. The initial charge is not a penalty, only a fee for service. A fine is issued only if the fee is not paid. This does not need to be specified in each section. There were no further questions or comments.
Existing Chapter 8 amendments include mostly clean-up and reorganization. There are two substantive changes. Subsection (c) states that the President in a proclaimed civil emergency may issue an order regarding the sale and distribution of gasoline or other flammable liquids in containers and may issue an order prohibiting the increase of prices of goods and services. These do not limit the types of orders the President may issue but addresses some of the scenarios. President Frum asked for an example of a civil emergency. A civil emergency could be a natural disaster. Any businesses that sell adult use cannabis will be added to the list of other intoxicating substances that can be ordered to close shop. There were no further questions.
Trustee Israel asked for an explanation of Subsection (e), item (i). This section is intended to address civil disobedience. State law allows that the maximum duration for a civil emergency declared by the Village Board be seven days. The existing code states 48 hours. The initial declaration lasts until the President terminates it, or until the first should occur; seven days elapse or a Board meeting takes place. The Board determines whether it should be extended or terminated. It provides more flexibility in an emergency. Trustee Ciesla asked what the rule was to call for a Special Board Meeting. The answer is that you must post 48 hours in advance. Director of Public Works Hamill stated that a disaster declaration could also be issued by the State or Federal Government. There were no further questions on this section.
Chapter 25.11 refers to the tree permit application process. Amendments were primarily made to the appeal process. Currently, the determination of the Village Manager on a permit request can be appealed to the Public Works Committee. A “Tree Protection and Preservation Board” has been created and will consist of the Village Manager or their designee, the Director of Public Works or their designee, and a Trustee who serves on the Public Works Committee. This will make scheduling more nimble. Ultimate decisions can be appealed to the Board. The process has not been changed, only the review board. There were no questions or concerns.
Chapter 25.13 has two substantive changes to the section. Permit applications involving the removal of heritage and landmark trees that were reviewed by the Public Works Committee will now be reviewed by the “Tree Protection and Preservation Board”. “Special Heritage and Landmark Tree Regulations” would no longer apply to the removal of landmark or heritage trees on parcels subject to a development or subdivision agreement. The tree removal would be reviewed through the agreement process. This is to acknowledge where a large tract of land is being subdivided, potentially the separate lots where the developer is not building immediately on those lots. President Frum stated that it would still need to be approved by the Board. The determination is made when the lot lines are set. The developer would still be subject to the fee ordinance, but they would not have to come in each time. A question was asked if a single lot is being developed, is a parcel subject to these regulations? The answer is that these regulations would apply to that lot. Chapter 25.13 does not apply to the lots in a subdivision for which a subdivision agreement is necessary. Trustee Ciesla asked if a development agreement protected Timbers’ Edge. In this case, the developer cleared all the trees but nothing was built on it for many years. Neighbors flooded. Director Hamill stated that the process was changed because of that incident. He stated that presently a tree permit is not released until the property is ready to be developed.
Section 25.34 states that one currently needs a permit to plant ornamental and native grasses. Amendments would remove that permit requirement. A declaration states that when ornamental and native grasses create site line obstructions, they can be abated in the same way that tall regular grass can be abated. Front yards and parkways could be planted without coming in for a permit for ornamental and native grasses. There is an approved planting list for grasses. A question was raised as to the allowed height of the ornamental grass. Director Hamill stated he is more concerned with public safety issues. Director Hamill stated his department receives calls regarding native basin plantings. He also stated that it may be tricky when his department replaces a water main, how they will restore the area. The Tree Preservation Officer Terry Cichocki and the Tree Preservation Officer Mark Cacioppo are drafting a list of salt tolerable plants for use in the parkway. Trustee Ciesla suggested that the Village invest in signage regarding native basin plantings and public education.
Village Clerk Ford stated that other changes included clean up, changes to more modern language, inquired what pronouns will be used when referencing individuals within this document. Village attorney Steven Elrod recommends the use of “they” or “their” to singular people instead of “she/her” and “he/him”. It was discussed that the Village employee manual and Village employment application be checked for correct usage of pronouns and not to have to pick a gender designation. Trustee Ciesla asked the Board to be open and respectful in communication. One of the concerns is that in five years, the language may change. There were no other questions.
President Frum wanted to know what the protocol was, if someone would presently challenge the tree ordinance and asked for a hearing. She asked if there was a way of doing this with the municipal code using a red flag ordinance. President Frum asked if we can use the new tree process before we amend the municipal code. In response, Attorney Lenneman stated the easiest thing to do is a one off code amendment for the tree permit ordinance. Village Manager Nahrstadt stated that we couldn’t enforce the proposed amendments until we amend the code. He stated that it is better not to wait on some of these things. President Frum asked that this piece be brought back at the February 11, 2020 Board Meeting to have the municipal code amended. Attorney Elrod will add language to pass a super majority vote in order to let Public Works enforce the amended ordinance the next day.
Village Clerk Ford asked that you let her know if anyone has suggestions on how to improve the process if they have any.
5. REMARKS FOR THE GOOD OF THE ORDER
None
6. CLOSED SESSION
7. ADJOURN
A Trustee Ciesla moved, seconded by Trustee Pepoon to adjourn the meeting at 6:45 p.m. On voice vote, all were in favor.
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