Village of Frankfort Village Board met March 7.
Here are the minutes provided by the board:
Mayor Keith Ogle called the regular meeting of the Frankfort Village Board to order at 7:08 P.M.
ROLL CALL
Village Clerk Katie Schubert called the roll. In attendance were Mayor Keith Ogle, Clerk Katie Schubert, Trustees Adam Borrelli, Michael Leddin, Margaret Farina, and Jessica Petrow. Also in attendance were Attorney George Mahoney, Attorney Hannah Lamore, Police Chief Leanne Chelepis, Village Administrator Rob Piscia, and Assistant Administrator John Burica. Trustees Daniel Rossi and Gene Savaria were absent.
APPROVAL OF SPECIAL ORDERS - UNANIMOUS CONSENT AGENDA
All items on the Omnibus Agenda are considered to be routine in nature and are enacted in one motion. There is no separate discussion of these items unless a board member makes a request, in which event, the item will be removed from the Consent Agenda and will be considered separately.
Trustee Farina requested Item D (1) - Village of Frankfort Zoning Ordinance Amendment: Articles 1, 5, 6, 7, and 12 -Accessory Uses and Structures be removed from the Consent Agenda.
A. Approval of Minutes
1. Regular Meeting (February 22, 2022)
B. Approval of Bills/Payroll - $949,717.16/$405,869.49
C. Committee of the Whole Report
1. Outdoor Cafe Lease Agreements
a. Fat Rosie's Taco & Tequila Bar- Resolution
Accept the recommendation of the Committee of the Whole and adopt A RESOLUTION (NO. 22-06) AUTHORIZING THE EXECUTION OF A THREE YEAR LEASE AGREEMENT BETWEEN THE VILLAGE OF FRANKFORT AND FAT ROSIE'S MEXICAN RESTAURANT, LLC, D/B/A FAT ROSIE'S TACO & TEQUILA BAR, for use of 265 square feet of public sidewalk/right of way, adjoining the property commonly known as 28 Kansas Street, as a seasonal cafe.
b. Francesca's Fortunato - Resolution
Accept the recommendation of the Committee of the Whole and adopt A RESOLUTION (NO. 22-07) AUTHORIZING THE EXECUTION OF A THREE-YEAR LEASE AGREEMENT BETWEEN THE VILLAGE OF FRANKFORT AND FRANCESCA'S FRANKFORT, LLC, D/B/A FRANCESCA'S FORTUNATO, for use of 506 square feet of public sidewalk/right of way, adjoining the property commonly known as 40 Kansas Street, as a seasonal cafe.
c. Trails Edge Brewing - Resolution
Accept the recommendation of the Committee of the Whole and adopt A RESOLUTION (NO. 22-08) AUTHORIZING THE EXECUTION OF A THREE YEAR LEASE AGREEMENT BETWEEN THE VILLAGE OF FRANKFORT AND TRAILS EDGE BREWING, LLC, for use of 792 square feet of public sidewalk/right of way, adjoining the property commonly known as 20 Kansas Street, as a seasonal cafe.
D. Plan Commission Report Summary
1. Village of Frankfort Zoning Ordinance Amendment to Articles 1, 5, 6, 7, and 12 - Accessory Uses and Structures-Removed from Consent Agenda
2. Kimsey Residence: 240 Hickory Street
a. Building Materials Variance - Ordinance
(Waive I51 and 2nd Readings)
Accept the Plan Commission recommendation, waive the First and Second Readings, and pass AN ORDINANCE (NO. 3347) GRANTING A VARIANCE FOR CERTAIN PROPERTY LOCATED WITHIN THE LIMITS OF THE VILLAGE OF FRANKFORT, WILL AND COOK COUNTIES, ILLINOIS (KIMSEY RESIDENCE: 240 HICKORY STREET), granting a building materials variation from Article 6, Section B, Part 2(g)(2) of the Village of Frankfort Zoning Ordinance to permit the use of non-masonry siding ( cedar or fiber cement board only) on the home, in accordance with the reviewed plans, public testimony, and Findings of Fact.
b. Kimsey Plat ofResubdivision-Approval
Accept the Plan Commission recommendation and approve the Kimsey Plat of Resubdivision, prepared by Studnicka and Associates, Ltd., dated 01.25.22, consolidating Lots 38 and 39 in the McDonalds Subdivision, in accordance with the reviewed plans and subject to any necessary technical revisions prior to recording.
3. Williams Plat of Resubdivision - Approval
Accept the Plan Commission recommendation and approve the Williams Plat of Resubdivision, prepared by Studnicka and Associates, Ltd., dated 01.25.22, consolidating Lots 57 and 58 (11388 and 11410 Vienna Way) in the Old Stone Village Subdivision, in accordance with the reviewed plans and subject to any necessary technical revisions prior to recording.
Trustee Petrow made a motion (#1), seconded by Trustee Borrelli, to approve the Unanimous Consent Agenda.
Trustees Borrelli and Farina presented a brief overview of the consent agenda docket items under consideration for approval.
Mayor Ogle invited trustee comment on the consent agenda docket items prior to a vote being taken. None were forthcoming.
Clerk Schubert called the roll. Ayes: Trustees Borrelli, Farina, Leddin, and Petrow. Nays: None. Absent: Trustees Rossi and Savaria. The motion carried.
VILLAGE OF FRANKFORT ZONING ORDINANCE AMENDMENT TO ARTICLES 1, 5, 6, 7, AND 12 - ACCESSORY USES AND STRUCTURES
Trustee Borrelli presented a brief overview of the Village of Frankfort Zoning Ordinance Amendment to Articles 1, 5, 6, 7 and 12 under consideration for approval. He reported the proposed text amendments related to accessory uses and structures and were drafted with input and review from Village staff and the Plan Commission/Zoning Board of Appeals.
Trustee Borrelli made a motion (#2), seconded by Trustee Petrow, to accept the Plan Commission recommendation, waive the First and Second Readings, and pass AN ORDINANCE (NO. 3348) AMENDING THE VILLAGE OF FRANKFORT ZONING ORDINANCE, ARTICLES 1, 5, 6, 7, and 12, related to accessory uses and structures.
Mayor Ogle invited trustee comment on the proposed Zoning Ordinance Amendment prior to a vote being taken.
Trustee Farina thanked staff member Chris Gruba and members of the Plan Commission for working on this language for the zoning ordinance and felt it clarified a lot of concerns relating to accessory uses and structures; however she felt there were a few parts that still needed further review and preferred to table the item.
Trustee Borrelli acknowledged the hard work and tireless efforts of staff and the Plan Commission for the proposed text amendments.
Trustee Petrow highlighted the work of staff and the Plan Commission regarding the proposed zoning ordinance amendment.
Clerk Schubert called the roll. Ayes: Mayor Ogle; Trustees Borrelli, Leddin, and Petrow. Nays: Trustee Farina. Absent: Trustees Rossi and Savaria. The motion carried.
Mayor Ogle voiced his appreciation to staff members Mike Schwarz, Chris Gruba, and former Planner Janine Farrell and the Plan Commission for their efforts cleaning up the language and clarifying the Village's Zoning Ordinance in relation to accessory uses and structures.
MAYS RESIDENCE ACCESSORY STRUCTURE AREA VARIANCE: 7403 MAYFIELD DRIVE- ORDINANCE (Postponedfr0111 November 15, 2021 and January 18, 2022)
A. Accessory Structure Area Variance
Trustee Petrow presented a brief overview of the Mays residence accessory structure variance request. She reported homeowner Garland Mays proposes to construct an outdoor recreation area in the rear yard of his residential property located at 7403 Mayfield Drive in the Crystal Brook Subdivision. The applicant seeks the granting of an accessory structure area variance from 144 square feet to 1,363 square feet to pennit the construction of a sports court.
Trustee Petrow made a motion (#3), seconded by Trustee Borrelli, to accept the Plan Commission recommendation, waive the First and Second Readings, and pass an Ordinance granting a variation from Article 5, Section D, Part 3, 'k', '2', for maximum size of an accessory structure for an outdoor recreation area to allow 1,363 square feet whereas 144 square feet is permitted for the property located at 7403 Mayfield Drive, in accordance with the reviewed plans, public testimony, Standards of Variation, and subject to the following two conditions: 1) the sports court shall be screened from view along the east property line as proposed on the property survey with landscape materials as listed on the landscape proposal, and along the west property line as approved by staff; and 2) no outdoor illumination of the court shall be installed.
Mayor Ogle invited trustee comment on the proposed accessory structure variance request prior to a vote being taken.
Trustee Borrelli voiced his appreciation to the Mays family for the application and explained that the Village spent a lot of time going through the process of amending the Zoning Ordinance to clarify the regulations for accessory uses and structures for residential properties. He stated that he would not be voting in favor of the request and encouraged the homeowner to amend his application to coincide with the permitted 650 square feet for sport courts.
Mayor Ogle explained that the maximum size for accessory structures when the homeowner applied for the variation was 144 square feet and the new regulations allow sports courts 650 square feet and under.
Trustee Petrow provided a brief summary and highlighted some of the recent changes to the Zoning Ordinance. She explained that sports courts would no longer be categorized as an accessory structure but rather as an accessory use. She further explained the text amendment approved tonight includes multiple regulations for sports courts to ensure appropriate size, location, and screening. She stated sports courts 650 square feet and under would be permitted by-right, but subject to several conditions. Sports courts over 650 square feet would require a special use permit from the Village Board subject to several conditions, noting the Plan Commission and Village Board would still maintain the ability to deny a special use permit based upon the 7 Findings of Fact. She felt the new regulations were appropriate and would be looking to maintain that size, location, and screening for any applications.
Trustee Leddin asked for further clarification regarding the Plan Commission's recommendation to approve the variance request. Planner Gruba explained the application was made prior to the proposed text amendments and he would have to defer back to the Plan Commission minutes on the matter.
Homeowner Garland Mays approached the podium and asked the Village Board to take into consideration that ifhe put a sports court in his driveway, it would be bigger than 650 square feet and in front of house rather than in his backyard. He also noted his proposal included rubber flooring for sound dampening.
Mayor Ogle thanked Mr. Mays for his comments and noted 650 square feet and under is permissible. Trustee Borrelli voiced his appreciation to Mr. Mays for his comments and explained the challenges of the Village Board to regulate these types of uses.
Clerk Schubert called the roll. Ayes: None. Nays: Trustees Borrelli, Farina, Leddin, and Petrow. Absent: Trustees Rossi and Savaria. The motion failed.
Mayor Ogle encouraged Mr. Mays to speak with staff and adjust the proposed sports court to the permitted 650 square feet.
MCCARTHY RESIDENCE ACCESSORY STRUCTURE VARIANCES: 22960 HANKINS COURT - ORDINANCE (Postponed from January 18, 2022)
A. Accessory Structure Area Variance
Trustee Leddin presented a brief overview of the McCarthy residence accessory structure variance requests. He reported homeowner John McCarthy requests the granting of two variations to accommodate a previously constructed basketball court in the northwest portion of his residential property located at 22960 Hankins Court in the Crystal Brook Subdivision. The applicant seeks the granting of an accessory structure area variance from 144 square feet to 625 square feet and a side yard setback from 10 feet to 6 feet to accommodate the sports court.
Trustee Leddin made a motion (#4), seconded by Trustee Petrow, to accept the Plan Commission recommendation, waive the First and Second Readings, and pass AN ORDINANCE (NO. 3349) GRANTING A VARIATION FOR CERTAIN PROPERTY LOCATED WITHIN THE VILLAGE OF FRANKFORT, WILL AND COOK COUNTIES, ILLINOIS (MCCARTHY RESIDENCE - 22960 HANKINS COURT) granting a variation from Article 5, Section D, Part 3, 'k' for a recreational facility area (sports court) from 144 square feet to 625 square feet, for the property located at 22960 Hankins Court, in accordance with the reviewed plans, public testimony, Standards of Variation, and subject to the following two conditions: 1) no outdoor illumination of the sports court shall be installed; and 2) along the west and east sides of the sports court, landscape screening similar to what is existing on the northern side shall be installed as approved by staff.
Mayor Ogle invited trustee comment on the sports court variation request prior to a vote being taken.
Trustee Leddin asked if it was necessary to vote on this application since it is below the permitted 650 square feet with the adoption of the new regulations for sports courts. Attorney Lamore responded by explaining the application was submitted prior to the text amendment being approved so it would be appropriate for that application to be acted upon.
Clerk Schubert called the roll. Ayes: Mayor Ogle; Trustees Borrelli, Leddin, and Petrow. Nays: Trustee Farina. Absent: Trustees Rossi and Savaria. The motion carried.
B. Accessory Structure Side Yard Setback Variance
Attorney Lamore noted the next motion before the Village Board, as it was a split decision out of the Plan Commission and did not receive a favorable recommendation, will require an affirmative vote of two-thirds of the trustees and Mayor Ogle would not be eligible to vote on the matter.
Trustee Leddin made a motion (#5), seconded by Trustee Borrelli, to waive the First and Second Readings, and pass an Ordinance granting a variation from Article 5, Section D, Part 2, 'e' for minimum accessory use side yard setback (west) from 1 O' to 6.0', for the property located at 22960 Hankins Court, in accordance with the reviewed plans, public testimony, Standards of Variation, and subject to the following two conditions: 1) No outdoor illumination of the sports court shall be installed; and 2) Along the west and east sides of the sports court, landscape screening similar to what is existing on the northern side shall be installed as approved by staff.
Mayor Ogle invited trustee comment on the accessory structure side yard setback request prior to a vote being taken.
Trustee Petrow highlighted some of the changes for the regulation of sports courts, including square footage; sports courts shall be set back at least ten feet from any side or rear property line; sports courts shall be located in the rear yard only; sports courts shall count toward the maximum total impervious coverage of the lot; no more than 1 goal, basketball or otherwise, is permitted per sports court; and nothing over 15' tall. She shared with the applicant that she wanted to remain in line with these changes for today and for future precedent.
Clerk Schubert called the roll. Ayes: None. Nays: Trustees Borrelli, Farina, Leddin, and Petrow. Absent: Trustees Rossi and Savaria. The motion failed.
MAYOR'S REPORT
• Mayor Ogle announced the Village of Frankfort is accepting applications to fill a vacancy on the Plan Commission/Zoning Board of Appeals. Applications are available at the Village Administration Building or on the Village website.
• Mayor Ogle reported the U.S. Environmental Protection Agency (USEPA) is celebrating Fix a Leak Week, March 14 through March 20, 2022. He encouraged residents to check out some how-to videos and learn more about finding and fixing leaks at https://www.epa.gov/watersense/fix-leak-week.
• Mayor Ogle announced the "Spring on the Green" event is scheduled for Sunday, March 20, from Noon to 2:00 P.M. on Breidert Green. The event is co-sponsored by the Village of Frankfort and the Frankfort Park District and will feature music, carnival games, crafts, and much more.
• Mayor Ogle reminded everyone Daylight Savings Time will begin on Sunday, March 13, at 2:00 A.M. and to set their clocks ahead one hour.
• Mayor Ogle reminded residents St. Patrick's Day is March 17 and to celebrate responsibly.
BOARD COMMENTS
Clerk Schubert voiced her excitement for outdoor dining and warmer weather with the approval of the cafe lease agreements.
Trustee Leddin commented on Russia's attacks on Ukraine, sending his thoughts and prayers with all those who are suffering, and he shared a quote from Martin Luther King, Jr., "In the end, we will remember not the words of our enemies, but the silence of our friends."
Trustee Petrow echoed Trustee Leddin's sentiments and she also encouraged residents to submit an application for the Plan Commission vacancy.
Trustee Borrelli acknowledged the Frankfort Park District for their efforts with the outdoor ice rink at Main Park, commenting on its popularity and being illuminated via the parking lot lights this season.
VILLAGE ADMINISTRATOR REPORT
Administrator Piscia reported the lead service line replacement program is underway, noting the Village received approval for a $4 million loan from the Illinois Environmental Protection Agency, which is 100% forgivable. Thus far 28 lead lines have been identified.
POLICE DEPARTMENT REPORT
Chief Chelepis reminded residents of the importance of locking their vehicle doors, removing valuable possessions from plain sight, and never leaving keys or key fobs inside of vehicles. She invited the community to attend the next "Coffee with a Cop" event on Tuesday, March 8, from 9:30 A.M. to 11 :00 A.M. at Butera Market, 20825 S. LaGrange Road.
VILLAGE ATTORNEY'S REPORT
Village Attorney Lamore had no report.
OTHER BUSINESS
There were no other items of business for discussion.
PUBLIC COMMENT
Resident John McCarthy of 22960 of Hankins Court, addressed the Village Board and voiced his disappointment that his accessory structure side yard setback was not approved. He advised the Village Board he was not aware that he needed to obtain a permit for a sports court in his backyard and encouraged the Village to promote these regulations to residents and HOAs. As a fellow homeowner in the Crystal Brook Subdivision, he voiced his support of the size of the proposed Mays' sports court. He felt the square footage was appropriate for the size of the lot and asked the Village Board to consider a percentage for these types of uses as the language for the zoning ordinance gets modified in the future.
ADJOURNMENT
Hearing no further business, Trustee Farina made a motion (#6), seconded by Trustee Borrelli, to adjourn the regular board meeting of Monday, March 7, 2022. A voice vote was taken. All were in favor. The motion carried. The meeting adjourned at 7:51 P.M.
https://files4.1.revize.com/frankfortil/2022-03-07-vb-min.pdf
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