Village of Northbrook Board of Trustees met Sept. 22.
Here is the minutes provided by the board:
The Regular Board Of Trustees Meeting Will Begin Immediately Following The Committee Of The Whole Meeting
Important Notice: Village Board Meeting - Via Webex Video Conference Call
1. ROLL CALL
| Attendee Name | Title | Status | Arrived |
| Sandra Frum | Village President | Present | |
| Kathryn Ciesla | Trustee | Present | |
| Bob Israel | Trustee | Present | |
| Muriel Collison | Trustee | Present | |
| Heather Ross | Trustee | Present | |
| Johannah Hebl | Trustee | Present | |
| Dan Pepoon | Trustee | Present |
3. MINUTES APPROVAL
A. Board of Trustees - Regular Meeting - Sep 8, 2020 7:30 PM
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Johannah Hebl, Trustee
SECONDER: Bob Israel, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
4. PUBLIC COMMENT TIME
President Frum noted the public can make comments by emailing publiccomments@northbrook.il.us
Email responses must be under 200 words in length.
A resident Amy Abele requested clarification regarding the residential exterior lighting codes. She described construction site nighttime lighting issues, which interrupted the sleep of residents in the neighborhood.
President Frum commented the Board received two emails from the public not related to the public forum that she read first. The first email is from Catherine Caprusso, she discussed the issues with Crescent Place not providing staff emails for Go Green information. President Frum noted that issue has been resolved. The second email is also from Catherine Caprusso, she thanked the Board for evaluating accessory dwelling units. She noted the accessory dwelling units can be used for high risk individuals and essential workers during the pandemic.
Village Clerk Debbie Ford read a third email she received. The email is from Debbie DePalma, she thanked the Board for the changes they are making regarding ADU construction to support various needs in the community. The ADU construction units are great for families and the environment.
President Frum noted they received many public comments by email regarding the public forum:
∙ Josh Caplan, he expressed concern regarding a sign in the downtown triangle, which caused protests and violence. He requested the Village override the signage laws to remove the signage.
∙ Victoria Fisher, she requested the Village remove the sign from the street corner downtown. She stated the sign displays a negative political message, which can be seen by children in the community.
∙ Mark Cassell expressed disappointment regarding the political signage.
∙ Curt Schaller stated the signage violates the Village rules regarding political elections and the signs message places blame of the COVID-19 pandemic on President Donald Trump.
∙ Craig Dalrymple’s email stated the same as Mr. Schaller’s
∙ Kathryn Dolin stated the posted signage has caused violence in the community.
∙ Marie Junkmann stated the sign is inappropriate and puts children at risk in the community. She requested the Village remove the sign immediately.
∙ Rick /Katie Peterson stated the sign violates the Village guidelines prohibiting political signs in Northbrook.
∙ Ronda Schaller requested the "Abolish Abortion" sign be approved, since the Board approved the COVID-19 political sign.
∙ Catherine Caprusso expressed support for the sign in the community.
∙ Kelly Smith requested the Board remove the inappropriate sign at Triangle Park.
∙ Christopher Rohrbacher requested the Board remove the inappropriate sign at Triangle Park.
∙ Leslie Herbst requested the Board remove the inappropriate political sign at Triangle Park.
∙ Susan Schueler requested the Board remove the inappropriate political sign at Triangle Park.
∙ Fred Lafnitzegger requested the Board remove the inappropriate political sign at Triangle Park.
∙ Rick Peterson noted the approved sign violates State regulations.
∙ Colleen Milks expressed disappoint for the signage at Triangle Park and requested the Board remove the inappropriate political signage.
∙ Colette O’Regan expressed disappoint for the signage at Triangle Park.
∙ Laurie Shults requested the Board remove the inappropriate political sign at Triangle Park.
∙ R. Mesirow requested that the Board remove the inappropriate political sign at Triangle Park or remove President Donald Trump’s name.
∙ Judy Linklater expressed support for the signage at Triangle Park.
∙ Assistant to the Village Manager Madeline Farrell read a public comment from Sharon Gordon, which expressed support for the signage at Triangle Park.
Village Attorney Steve Elrod discussed the First Amendment with the Board. The Government can restrict speech on public property, which is dependent on the type of public property. In addition, speech on a public forum property must be treated equally. The Government can regulate and prohibit commercial speech on public property. Furthermore, the Supreme Court stated speech cannot be banned because it might offend an individual. The Government cannot regulate on the basis of content regarding public forum. However, the following are prohibited: commercial speech, obscenity and hate speech.
He discussed how the Shermer & Walters triangle property became a public forum in Northbrook. The triangle property (known as Triangle Park) was owned & operated by the Park District as a public park from 1928 to 1994. The Parks District allowed the property to be used as a public forum. In 1994, the Village took over ownership of Triangle Park and did not want the property used as a public forum, which caused a dispute with the Christmas Committee. In 1996, the Village adopted a resolution stating Triangle Park is not a public forum. A lawsuit ensued.
The matter went before the Federal Court and the Village filed a summary judgment. However, the Federal Judge found issues of fact existed and denied the motion for summary judgment. The Village agreed to designate Triangle Park as a public forum with restrictions. Furthermore, the Village is not able to regulate the content of speech and adopted an SOP (standard operating procedures) with restrictions. The applicant of the COVID-19 sign submitted an application to the Village, which was reviewed to determine compliance with standard operating procedures.
He noted the Village Board never reviewed the application and singling out political election signs is not an enforceable provision. The Village Manager and the Village Attorney will be updating the SOP based on Supreme Court decisions and case law. Furthermore, the Village Board or staff do not have the authority to remove a display from a public forum.
President Frum commented the Board cannot limit sign content, but can regulate other signage requirements, such as size, number and time.
Trustee Ciesla expressed concern regarding the content of the sign and stated she did not understand the motivation behind Mr. Goodman's sign. She apologized to residents in the community for the signs inappropriate message during the pandemic.
Trustee Israel stated he believes that Northbrook is strong enough to have these conversations, and do them in a peaceful way. I think this is a great venue for sharing, and has a history of being that venue. I support continuing to have these conversations.
Trustee Collison expressed concern regarding the sign’s inappropriate message and stated she would like to know Mr. Goodman's purpose for the sign. The signage does not bring awareness to COVID-19 and the scoreboard is offensive to families who have lost a loved one.
Trustee Ross stated she does not want to give an opinion on First Amendment issues. Trustee Ross thanked Village Attorney Steve Elrod for the presentation and stated she supports the public forum.
Trustee Hebl expressed gratitude for the community providing feedback on the zoning ordinance. She thanked Village Attorney Steve Elrod for the presentation and President Frum for reading the public comments. She noted the public forum is historic in the community.
Trustee Pepoon stated he would like the historic public forum to remain in the community.
President Frum commented the public forum has been a part of the Northbrook community for over 100 years and supports the First Amendment. Assistant to the Village Manager Madeline Farrell read a late public comment requesting the Board remove the inappropriate political sign at Triangle Park or remove President Donald Trump's name.
5. MANAGER'S REPORT
Village Manager Rich Nahrstadt noted the Village Attorney would be providing language to staff in order to make changes to the standard operating procedures. The changes will be posted on the website. The Village will be performing a test of the emergency notification system on Tuesday, September 29, 2020; at 10 a.m., Business who have signed up for the test will receive a phone call, text or email. The Fire Department’s open house event will be held virtually on Saturday, October 10, 2020, from 9 a.m. to 11:30 a.m. The Electronic Recycling event will be held on Saturday, October 3, 2020, from 9 a.m. to 12 p.m. and Tuesday, October 6, 2020, from 7 a.m. to 3 p.m.
Trustee Hebl requested a census update. Mr. Nahrstadt responded the census is at 84% and he would send a link to the Board to track the census.
6. WARRANT LIST
A. Review and Approval of Payments to be Made
Trustee Ciesla Moved for the approval of class A & B Warrants dated September 1, 2020 - September 15, 2020 in the amount of $2,034,780.25.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee
SECONDER: Dan Pepoon, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
B. Review of Frontage Deposit List Dated September 14, 2020
Trustee Ciesla Moved for the approval of Frontage Deposit refunds totaling $23,100.00 dated September 14, 2020.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee
SECONDER: Dan Pepoon, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
7. PRESIDENT'S REPORT
A. RESOLUTION NO. 2020-114
A Resolution Recognizing Sergeant David E. Sprague for 25 Years of Service
President Frum noted Sergeant David E. Sprague provided 25 Years of Service to the Village of Northbrook. (01:13:52-01:13:59 no audio) He was selected by the North Regional Major Crimes Task-force as a Forensics Specialist Officer. Furthermore, he received an award for saving the life of a victim who had a heart attack.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Johannah Hebl, Trustee
SECONDER: Muriel Collison, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
B. PROCLAMATION:
A Proclamation in Support of October as National Cybersecurity Awareness Month
President Frum encourages residents and business owners to utilize Homeland Security resources to prevent cybersecurity risks.
C. PROCLAMATION:
Proclaiming Fire Prevention Week October 4 - 10, 2020
President Frum noted the Fire Departments open house event will be held virtually on Saturday, October 10, 2020, from 9 a.m. to 11:30 a.m.
D. GO GREEN MOMENT
Marilyn Fish, Board Member at Go Green Northbrook, discussed the wildfires out west. The National Interagency Fire Center reported 102 active fires in 12 different states. She noted the climate is now warmer with reduced snow packs. Furthermore, the west regions climate temperatures have increased, which causes an increase in fires. The community can help reduce the impact by reducing the use of plastic, reduce landfill trash, reduce fossil fuels and increase the use of renewable energy (solar and wind).
President Frum noted Go Green Northbrook planted a tree in front of Village Hall and they have a goal of planting 100 trees this year.
Ms. Fish commented on Wednesday they will be planting 20 trees in Cedar Park.
Trustee Ross discussed increasing diversity in the community and anti-racism training. They received five proposals with many program choices. The Village found one of the proposals of interest, which involved two 1-hour interactive group webinar sessions. The Village Manager was given direction to move forward with organizing this training.
Trustee Hebl noted the research shows that organizations who participate in anti-racism training perform better in the community.
President Frum discussed the Halloween trick-or-treating information the Board received. The Village staff would like to know if the Board would like to establish trick-or-treating hours. She expressed concern establishing trick-or-treating hours, which might be considered endorsement of the holiday. They did receive a survey from other communities, in which many surrounding communities have not established trick-or-treating hours.
Trustee Ciesla is in favor of establishing trick-or-treating hours and creating a pumpkin sign for the public to see, which indicates they are participating in giving away candy for Halloween this year.
President Frum asked if she is in favor of trick-or-treating hours between 4 p.m. to 6 p.m. Trustee Ciesla responded yes.
Trustee Israel stated he would like to remain silent on the hours, but noted he would like it suggested to trick-or-treating during daylight hours.
Trustee Collison concurs with Trustee Ciesla. She expressed concern regarding children trick-or-treating all hours of the night. She is in favor of a 3-hour trick-or-treating window.
Trustee Ross stated she is not in favor of establishing trick-or-treating hours. She requested the Village share the CBC safety guidelines.
Trustee Hebl concurs with Trustee Ross. She noted setting hours could increase the amount of people trick-or-treating.
Trustee Pepoon stated he is in favor of establishing trick-or-treating hours.
President Frum stated the Board will not be establishing trick-or-treating hours. They will share guidelines with the public recommending no trick-or-treating after nightfall.
8. CONSENT AGENDA
Trustee Ciesla moved, seconded by Trustee Israel to move item 9 (A) to the consent agenda. On voice vote, all were in favor.
Trustee Israel moved, seconded by Trustee Pepoon to move item 10 (A) and 10 (B) to the consent agenda. On voice vote, all were in favor.
RESULT: ADOPTED [6 TO 0]
MOVER: Bob Israel, Trustee
SECONDER: Dan Pepoon, Trustee
AYES: Ciesla, Israel, Collison, Ross, Hebl, Pepoon
ABSTAIN: Frum
A. RESOLUTION NO. 2020-115
A Resolution Approving the Annual Renewal of a Crowdstrike Endpoint Protection Subscription from Nexum Inc.
B. ORDINANCE NO. 2020-31
An Ordinance Repealing Ordinance 2018-49, Granting a Special Permit for a Specialty Medical Center, and Approved a Third Amended and Restated Declaration of Covenants, Easements, and Restrictions (4201 Lake Cook Road) (Plan Commission Docket No. PCD-20-06)
C. RESOLUTION NO. 2020-116
A Resolution Approving a Lease Agreement with US Bank for Upgraded Printers/Copiers
D. RESOLUTION NO. 2020-117
A Resolution Authorizing an Agreement for a Dundee Road Corridor and Waukegan Road Corridor Bicycle and Pedestrian Accommodations Feasibility Study with A. Epstein and Sons International of Chicago, Illinois
E. RESOLUTION NO. 2020-118
A Resolution Authorizing a Contract with Otto Baum Company Inc. of Morton, Illinois for Masonry Facade Repairs at Village Owned Facilities
COMMITTEE REPORTS
9. FINANCE
10. PUBLIC WORKS
11. PLANNING/ZONING
A. ORDINANCE NO.
An Ordinance Amending the Northbrook Municipal Code (1988), as Amended, Concerning the Use of Cleaning Devices on Public Rights-of-Way and Sidewalks
Village Attorney Steve Elrod discussed an ordinance amending the Northbrook Municipal Code, concerning the use of cleaning devices on public rights-of-ways and sidewalks. The Board can agree to adopt the ordinance with alternative A, which will prohibit the use of cleaning devices on public rights-of-ways and sidewalks. Alternatively, the Board can agree to alternative B, which prohibits the activity on public sidewalks in a manner that leaves a writing, sign, symbol, inscription or uneven surface on any sidewalk or abutting public right of way.
Trustee Collison moved, no one seconded the motion. The motion failed.
B. PRELIMINARY REVIEW - ZONING & DEVELOPMENT APPLICATIONS
1. Preliminary Review of Request for Annexation, Rezoning and Development of 608-610 Sanders Road
Senior Planner Swati Pandey discussed the preliminary review for annexation, rezoning and development of 608-610 Sanders Road. The applicant is proposing a five-unit townhome subdivision and the surrounding properties are residential. The comprehensive plan identifies the property for single-family homes. The applicant is requesting to amend the comprehensive plan to allow multifamily dwelling units. The proposed site plan shows: access to the property from Sanders Road, to a common drive aisle on the Subject Property and connected to the two car garages and a minimum of two-car driveway parking. The proposed detention is shown to the north of the site.
However, there is no guest parking on the site plan and the parking requirement for townhomes is 4.5 spaces per unit. The plan is three spaces short of the required parking. The Northbrook Affordable Housing Plan would not apply to this project since this proposal is for five townhome units. The applicant is requesting the property be rezoned R-8 zoning district.
President Frum commented there are two issues the Board needs to discuss, such as rezoning the property and the appropriate multifamily zoning number.
Trustee Collison stated she is not in favor of rezoning the property. She noted the homes along
Sanders Road are single-family homes. She stated that even though Picardy Circle was a multi family subdivision, it had its own entrance through Picardy Drive and this property would be considered like a back yard due to the berm. She would not be in favor of rezoning of this property.
Trustee Ciesla concurred with Trustee Collison and noted the proposed request does not benefit Northbrook. She expressed concern with emergency vehicles fitting through the entryway on the proposed site plan and no guest parking. She would not favor amending the Comprehensive Plan to accommodate the use. Detention in an easement did not seem appropriate either.
Trustee Israel expressed concern regarding the proposed plan. He noted it will be impossible for emergency vehicles to fit through the entryway on the site plan. He stated if the townhomes would be accessing from Picardy Circle then they could be considered for rezoning to R-6, or if accessing from Sanders Road then it should remain single-family. Stormwater issues are of concern as well.
Trustee Ross asked if there are two existing single-family homes on the property. Ms. Pandey responded there are three single-family homes on the property. Trustee Ross commented they can apply a demolition tax to demolish the single-family homes. Ms. Pandey responded the demolition tax would not apply to five units or less.
President Frum noted the demolition fee would apply to this project.
Trustee Ross concurs with Trustee Collison.
Trustee Hebl stated she is not in favor of approving the request.
Trustee Pepoon stated he is not in favor of approving the request. He is not in favor of amending the Comprehensive Plan. If developed as part of Picardy Circle, then it may be considered to rezone to R-6 but otherwise it should remain single family.
President Frum stated the proposed request is spot zoning and she is not in favor of approving the request. She stated that if all remaining properties along Sanders Road are proposed for redevelopment, then it may be considered for rezoning but not one parcel at a time.
2. Preliminary Review of a Request to Amend Zoning Code to Allow Motorcycle Sales in the Industrial Districts
Senior Planner Swati Pandey discussed the preliminary review for annexation, rezoning and development of 608-610 Sanders Road. The applicant is proposing a five-unit townhome subdivision and the surrounding properties are residential. The comprehensive plan identifies the property for single-family homes. The applicant is requesting to amend the comprehensive plan to allow multifamily dwelling units. The proposed site plan shows: access to the property from Sanders Road, to a common drive aisle on the Subject Property and connected to the two car garages and a minimum of two-car driveway parking. The proposed detention is shown to the north of the site.
However, there is no guest parking on the site plan and the parking requirement for townhomes is 4.5 spaces per unit. The plan is three spaces short of the required parking. The Northbrook Affordable Housing Plan would not apply to this project since this proposal is for five townhome units. The applicant is requesting the property be rezoned R-8 zoning district.
President Frum commented there are two issues the Board needs to discuss, such as rezoning the property and the appropriate multifamily zoning number.
Trustee Collison stated she is not in favor of rezoning the property. She noted the homes along Sanders Road are single-family homes. She stated that even though Picardy Circle was a multi family subdivision, it had its own entrance through Picardy Drive and this property would be considered like a back yard due to the berm. She would not be in favor of rezoning of this property.
Trustee Ciesla concurred with Trustee Collison and noted the proposed request does not benefit Northbrook. She expressed concern with emergency vehicles fitting through the entryway on the proposed site plan and no guest parking. She would not favor amending the Comprehensive Plan to accommodate the use. Detention in an easement did not seem appropriate either.
Trustee Israel expressed concern regarding the proposed plan. He noted it will be impossible for emergency vehicles to fit through the entryway on the site plan. He stated if the townhomes would be accessing from Picardy Circle then they could be considered for rezoning to R-6, or if accessing from Sanders Road then it should remain single-family. Stormwater issues are of concern as well.
Trustee Ross asked if there are two existing single-family homes on the property. Ms. Pandey responded there are three single-family homes on the property. Trustee Ross commented they can apply a demolition tax to demolish the single-family homes. Ms. Pandey responded the demolition tax would not apply to five units or less.
President Frum noted the demolition fee would apply to this project.
Trustee Ross concurs with Trustee Collison.
Trustee Hebl stated she is not in favor of approving the request.
Trustee Pepoon stated he is not in favor of approving the request. He is not in favor of amending the Comprehensive Plan. If developed as part of Picardy Circle, then it may be considered to rezone to R-6 but otherwise it should remain single family.
President Frum stated the proposed request is spot zoning and she is not in favor of approving the request. She stated that if all remaining properties along Sanders Road are proposed for redevelopment, then it may be considered for rezoning but not one parcel at a time.
3. Preliminary Review for a Resubdivision of 2218, 2222, 2226 Center Ave into 2 Lots Senior Planner Swati Pandey discussed a preliminary review for a re-subdivision of three single family lots, located on the north side of Center Avenue between Greenbriar Lane and Briarwood Lane. The applicant is a developer requesting to divide three existing lots into two lots to expand the lot sizes and add additions in the future. The subdivision would result in two lots; both lots would be compliant with the standards of the R-5 District. The application will require a variation of the Subdivision Code to allow detention in an easement. All lots are under common ownership.
The Trustees were in favor of approving the request.
President Frum stated the Board is in favor of approving this request and will be reviewed by the Plan Commission.
4. Preliminary Review - Regulation of Accessory Dwelling Units
President Frum asked the Board if they would like to discuss this item at the next Board meeting.
The Board members were unanimously in agreement with discussing the item at the next Board meeting. President Frum stated the item will be moved to the next Board meeting for discussion.
12. COMMUNITY
13. PUBLIC SAFETY
14. LEGISLATION AND COMMUNICATION 15. REMARKS FOR THE GOOD OF THE ORDER 16. CLOSED SESSION
17. ADJOURN
President Frum adjourned the meeting at 9:45 p.m.
http://northbrookil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=1518&Inline=True
Alerts Sign-up