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HomeMy WebLinkAboutVILLAGE BOARD - 06/28/2018 - Village Board MinutesMINUTES SPECIAL VILLAGE BOARD MEETING June 28, 2018 1. CALL TO ORDER - 2:25 PM PRESENT: Mayor Craig B. Johnson, Trustees Nancy J. Czarnik, Patton L. Feichter, Jeffrey C. Franke, Samuel L. Lissner, James P. Petri and Christine K. Prochno ABSENT: None. A Quorum was present. Also Present: Village Manager Raymond R. Rummel, Village Attorney George B. Knickerbocker, Village Clerk Loretta M. Murphy 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA - a. Authorization to adopt Resolution No.. 33-18 entitled, "A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A REPAIR AND MAINTENANCE ESCROW AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND BRIXMORE HOLDINGS 1 SPE, LLC." b. Authorization to adopt Ordinance No. 3559 entitled, "AN ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION AGREEMENT BETWEEN THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND THE VILLAGE OF ELK GROVE VILLAGE." c. Authorization to adopt Ordinance No. 3560 entitled, "AN ORDINANCE ANNEXING AND REZONING CERTAIN TERRITORY TO THE VILLAGE OF ELK GROVE VILLAGE (METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO)." d. Authorization to adopt Ordinance No. 3561 entitled, "AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE VILLAGE OF ELK GROVE VILLAGE AND REZONING SAME IN ACCORDANCE WITH THE VILLAGE'S COMPREHENSIVE PLAN AND ZONING MAP." The first thing we are going to do is pass the Consent Agenda items a, b, and c. Item a. is pertaining to the Elk Grove Town Center, items b. and c. are strictly dealing with the MWRD property - nothing else, just MWRD. We will not be discussing item d. until the August 14th Board Meeting at 7:00 PM. Motion to approve Consent Agenda items a. through c. Moved by Trustee Czarnik Seconded by Trustee Lissner AYES: Trustees Feichter, Franke, Lissner, Petri, Prochno, Czarnik NAYS: None. MOTION CARRIED - (Unanimous Approval 6-0) 4. MAYOR'S REPORT If anyone follows our board meetings, you know that I am probably the most critical person when it comes to social media since 99.9% of the information you receive is false. Let me explain what is going on with the property on the last Consent Agenda item. The Village cannot take action tonight until the proper notice is published in the newspaper so this Ordinance will not be brought up again until our August 14th meeting at 7:00 PM. Regarding the property, if you cross the tollway outside Elk Grove, either Mount Prospect or Des Plaines, have been very involved in annexing all the property between their community and the tollway. They have been doing it for some time. In fact, one of the board members has a family business that was just annexed by Mount Prospect recently. So they are bringing everything right up to the tollway. Towns call that cleaning up the borders which is common. Elk Grove has done that with other property numerous times throughout the Village. Mount Prospect and Des Plaines have been doing quite a bit lately. It has always been an unwritten rule that Elk Grove goes all the way up to the Tollway and Mount Prospect and Des Plaines goes to the Tollway on their side. I'm not saying that this is happening but over the years some towns have gotten too aggressive and have gone past what is considered the unofficial boundaries. So that is one reason why the Village is looking into this because we have seen our neighbors doing that Page 1 of 4 as well. There have been several businesses looking to come into Elk Grove Village over the years because they feel the Police response time is better. They have the utmost respect for the Cook County Police but there are only a few of them and they have a large area to cover so the response time could be slower than what they would get from Elk Grove Village. One business approached us for the water service. It didn't make that much sense to just take one business here and one there. So after assessing what is going on around us, we determined that it is now time to bring it all into the Village. Despite what you read on facebook or hear on the streets, the Village does not change your business the second you come into Elk Grove. State Statute protects you for years, before we could change the businesses that come into the Village. There are businesses that were brought in 15 years ago and are still doing exactly what they did before. What does happen is if you want to modify your buildings or put additions on them, then you do have to meet our requirements per Village Code. It doesn't change your business but your building would have to meet Code. If you don't change your building, nothing happens during the transition. We are not going to close any businesses and they can operate the way they are doing so today. Businesses are grandfathered in by the Statute. For example, if we require a 10' ceiling and you currently have an 8' ceiling, it can stay at 8'. If you come in and put an addition on the building, then you would have to meet the Village Code. You will be required to fix any health or safety issues that you may have in the building. Since the County requires safety inspections, I doubt that there would be anything major for any of these businesses. For example, if you don't have a smoke detector in your entire building, we may tell you that you need to put a smoke detector in the building or perhaps a fire extinguisher if necessary. That just makes sense to protect your employees. So I know one business out there, the Phoenix Club, which is concerned. We are not shutting anybody down even though social media says otherwise. The Phoenix Club can operate as long as they want to. The Village has been approached however that the Phoenix Club is supposedly being sold and that the new owner wants to meet with us. So if you are here because the Village is shutting down the Phoenix Club or anything like that, it is not true. They can continue to operate just like they are now. The same thing with McDonald's, Jiffy Lube, and all the other businesses involved in the annexation. Zoning - Every piece of property that comes in will be zoned into the Village as an I-1 Industrial District which is the most desirable zoning in our business park. There are many businesses that would love to be in an I-1 zoning district. There are some areas where we would not want zoned as I-1 but this works for these properties. If someone decides that they want a different zoning, they are welcome to come to the Village to change the zoning. We grant zoning changes often if it makes sense and is conducive to the area. We can't do anything right now however until the properties are annexed into the Village. The Village gets an average of twenty a year so we will certainly consider after the Plan Commission reviews a petition. Remember that you will be part of the biggest contiguous business park in North America. We're the economic engine in this area and we are used to working with businesses. That is our livelihood and that is our job. When you walk into our Village Hall it looks like a business oriented location. Our government works with businesses on a daily basis. We have experienced staff to give you a lot of ideas that can even help save you money. They will help you in any way they can. We like businesses, we welcome businesses and we want businesses. We are a Business Friendly Community and we are here to work with you. So for the people that had those questions, hopefully they were answered for you. The business can stay, operate and continue to be a part of our community. Now I know that there are a number of residents that are part of the Roppolo Subdivision. We have no desire and are not looking to move the residential subdivision into Elk Grove Village. Ten years from now it may change but we have no desire at this time to bring the Roppolo Subdivision into Elk Grove. This is no different than the two homes on Cosman Road that are unincorporated. There are other areas of homes that are unincorporated - Tonne and Devon, Home Avenue behind the Walmart, Itasca Meadows by the hospital at Lincoln and Martha and Branigars Subdivision. So anyone here from Roppolo you have nothing to worry about. They can remain unincorporated. If Roppolo was next to the Tollway, that may be different but rest assured we have no desire to do anything with the Roppolo Subdivision. We are looking mainly at the Higgins Corridor right by the Tollway. There may be other Page 2 of 4 business properties down the road that we may do the same thing depending on how things go. Hopefully I've answered most of the questions but if someone still has a question, this board will stay as long as it takes to hear your questions or concerns. We are not looking to hurt any business out there and we want you to do well. When you do well, we do well. Property Taxes - Elk Grove Village did an analysis on property taxes because as you know once you come in Elk Grove you will get Elk Grove Village taxes which pays for the services of fire, police, etc. So the Village did an analysis of what you are paying now for the fire protection district taxes which will be removed and the Village tax will be added in its place. The difference between the fees are six thousandths of a dollar so we are talking pennies. So the services for fire and police may be quicker for you and if there is a possibility that you can use Village water that may be good for your business. If you do not want Village water, you do not have to take it and can stay on your well and septic. I know a couple of businesses want the water and you are welcome to it, but then you will pay Village rates not non -Village rates which are higher than the Village rates. So again I have a list of people that expressed an interest to talk. Instead of calling the names, if you still want to address the board, you are welcome. We ask that you step up to the podium and state your name and address for the record. Once again, before we go to public comment the annexation will be discussed at the August 14 meeting at 7:00 PM. At that time we fully intend to annex in that property. We have seen no reason not to do it. We think it is beneficial to the community and in a lot of ways it is beneficial to the businesses now that you know that we are not going to take you out of business. What is going to happen with the Phoenix Club I can't answer? That is between the new owner and the Phoenix Club. If they want to continue operating the way they are today, they are welcome to do so. 4. PUBLIC COMMENT - 2:43 PM - Mayor asked if anyone would like to address the Village Board to please step up to the podium and state your name and address for the record. 1. Reed Lee, 20 N. Clark Street - Suite 3300 in Chicago. I am an attorney on behalf of the Phoenix Club and appreciate the board on the determination on the hearing today and the vote. Not everything that was said makes sense to us in terms of the annexation. Happily there is time to discuss it and we hope that we can use this time profitably to sit down and discuss with the Village the future of this property and other properties that you seek to annex. There is plenty of time to do that now and I am glad that the board took the position they did on the notice issue and have given us some time to talk. I hope we can sit down profitably. The Mayor asked if Mr. Lee was the attorney representing the current owner of the Phoenix Club or the potential new owner. Mr. Lee stated the deed has been executed and recorded so the new owners are in possession and the transfer has taken place. 2. Michael Hurt, 815 Roppolo Drive, Roppolo Subdivision. I don't see where the board would want to handle one or two parcels as you say. Where we live there are about 57 parcels which is a valuable piece to any Village that they would like to get a hold of it. So I do have an interest in what is going to happen to the surrounding communities. I would like to stay put and stay right where I am. I do not want to move and I have nothing against Elk Grove Village. I have liked everything - the services and all. The situation I have is you talked about the water and the taxes. If you do annex a certain property, what about city water? Who pays for the water and sewer hookup? Is that incorporated in bond issues? Will it be annexed within the whole Village? You say we can stay on well and septic but when it comes time to sell will we then be forced to hook up to the service and what are the fees for that? Those are my concerns. Mayor Johnson stated that they can stay residential. People come by all the time wanting to buy your property out. The Village gets several inquiries a year asking if a business can come in and buy out the subdivision to build an industrial business. I always tell them the same thing - Good Luck. It never happens. So your residential area will stay residential long after I'm gone. 3. Cindy Sortino, on behalf of her parents at 906 Richard Lane, Roppolo Subdivision. Her parents concern is will the taxes go up now if they have a Senior Freeze in place? Mayor Johnson confirmed that nothing is happening with that subdivision. The Village is not annexing the Roppolo Subdivision. We are only looking at the properties that are along Higgins Road by the Phoenix Club, McDonald's, Jiffy Lube, MWRD, the hotel, and everything in that area. MWRD is still keeping the property just like it is. Now the county did come out with a new rate but that's not from us. The rates went up but if they have the Senior Freeze in place they should be good. 4. Stacie King, P.O. Box 163 in Lombard. I have been a resident of Cook and DuPage for 98% of my life. I am here in support of the Phoenix Bar and Night Club. It is refreshing to hear what you said this afternoon but I would be remiss if I didn't speak after coming here today and not say Page 3 of 4 something. I have been an educator for almost twenty years and I work in counseling and work with the public. I have also been an activist and do side work within the entertainment industry. I walked into the Phoenix Bar and Night Club when I was 22 years old - back then it was Hunters. I walked in there with many of my friends who had been ousted or pushed out of their family and friends for various reasons. Hunters and now Phoenix has been a safe haven for the LTGB community since 1982. 1 have now reconnected with that over the last ten years. I understand that it is under new ownership and who knows what is going to happen but I implore you and in any further discussions on any decisions that you make to preserve this historic place for the LTGB community and the people that have been going there since 1982. Mayor Johnson suggested that she reach out to the attorney from the Phoenix Club for further discussions on the future of the club. The Village is fine with the club and there have been no problems with Phoenix or Hunters since they've been there. There has always been a good rapport with no issues at all. S. Dave Sparacio, regarding property at 2401 Higgins Road. My father built this building in 1967 and he chose Elk Grove coming out of the North Side of Chicago. This is a great Village and we love being here but the forced annexation is a bit concerning. When you see forced annexation you think the worst. We've been paying taxes here for 51 years and haven't caused any trouble and don't plan on causing any trouble. Hopefully we will stay here for a long, long time. However, we may want to add on or improve the existing building. The current Elk Grove codes may be an impediment to that decision. The building was built in 1967 and if we want to add two more bays or add more office space, my understanding is that the entire building will need to come up to the current Village Code. That could very easily become cost prohibitive and what about the water retention side of it. If I increase the building by 1,000 feet will I run into any problems with retention? Will I need to put in a retention pond or underground storage? Mayor Johnson noted that the retention area is under the guidance of MWRD not the Village. Whether you are in Elk Grove or not in Elk Grove, you would have the exact same requirements from MWRD either way. MWRD sets the guidelines for that area. As far as your building, the good news is that being built in 1967 a lot of what you have done is still in line with today's codes. If the building was built in 1907 then we would worry but in 1967 most items should be along with the codes. The Mayor stated the Village is firm but also flexible. We have had this situation come up with other properties and will work with you to make it a realistic transition on what needs to be done. We want you to be successful as a business. We want you to do well. When you get to that point where you want to do something and you are in the Village, meet with the Community Development Department to get input. Mary's staff does a phenomenal job working with the businesses. We will work with you. 6. Eugenia Bragaru, regarding property at 2200 Higgins Road. We bought the property Efros Management Services back in November 2017. They had the same business as we are conducting right now - a trucking business and a shop that we are fixing up. Our question is what kind of guarantee with this annexation will we get to show that we will keep the business running the way it is right now. Mayor Johnson reaffirmed that the Village cannot change your business per state statute. So you are fine to continue your business as is. As mentioned, if you plan to change your building then you will need to work with the Village to make sure that everything is per code. Eugenia asked if there is anything that she can get in writing to say that the business can operate the same. Mayor Johnson noted that in the state statute there is a grandfather clause that says we cannot take over your business. You are protected. However 20 or 30 years from now - I can't answer that but for many years to come you are fine. Are there any other questions? Mayor Johnson thanked everyone for coming and giving the Village the opportunity to answer their questions. If you have any more, please let us know. We will revisit this topic at the Tuesday, August 14, meeting at 7:00 PM. 29. ADJOURNMENT - Motion to adjourn the Village Board meeting at 2:43 PM. Moved by Trustee Lissner Seconded by Trustee Feichter AYES: Trustees Franke, Lissner, Petri, Prochno, Czarnik, Feichter NAYS: None. MOTION CARRIED Mayor Craig B. Johnson Loretta M. Murphy, Village Clerk Page 4 of 4