Loading...
01/08/1997If January 8, 1997 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Wednesday, January 8, 1997, at 8:00 P.M. The Clerk called the roll.and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the previous meeting. Mayor Forrest commented that the section regarding a rear yard variation at 1260 Carol Lane should be amended to say that the public hearing was held by the BZA and to clarify that the Board of Trustees voted to approve a 10' rear yard variation. A motion to approve the minutes as amended passed unanimously. SWEARING IN OF POLICE SERGEANTS Rand Roel, a Deerfield police officer since 1982 and Eric Lundahl, a Deerfield police officer since 1980, were sworn in as Police Sergeants. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR AMENDMEN TO SPECIAL USE AND APPROVAL OF COMMERCIAL PUD, 190 WAUKEGAN ROAD, HERITAGE PROPERTY GROUP (TABLED 12/16/96) Stevens of Heritage Property Group Waukegan Road. REPORTS Trustee Ehlers made a motion to remove the r matter from the table. Trustee Heuberger seconded the motion. The motion passed unanimously. Wendall Hollan of CB Commercial, David Miller of Metro Transportation Group, and Tony were in attendance to discuss plans for 190 Mr. Hollan reported that his focus since the last meeting has been to explore all possible ways of providing acceptable ingress and egress to the site. The best way is to use the curb cut of the Carson's Ribs property to the north. Two possible alternatives for accomplishing this were proposed by their traffic consultant, Metro Transportation; however, in a meeting with Village staff, Chris Carson indicated that he was unalterably opposed to any connection. Mr. Hollan suggested that the next best option is to have a separate curb cut, but to use signage to limit its use during certain times of the day. Trustees felt that this signage would not be enforceable or effective. Following discussion on the possibility of limiting retail to low intensity uses and of rezoning the property to a different classification, Trustee Seidman made a motion to approve the Report and Recommendation of the Plan Commission. Trustee Ehlers seconded the motion. Trustee Rosenthal asked what the consequences of voting down the plan would be, whether the petitioners would have the option to come back with a better plan. Mr. Stucko responded that at the next meeting a motion could be made to reconsider. After noting that he is due to close on the property on January 13, Mr. Stevens proposed tabling the matter again. He will seek the cooperation of Mr. Marshall in allowing him time to come up with a plan which is acceptable to the Board. Trustee Seidman made a motion to table the matter. Trustee Swartz seconded the motion. The motion passed unanimously. REPORT OF CHIEF OF POLICE RE Chief of Police Pat Anderson is recommending AMENDING MUNICIPAL CODE BY that the Municipal Code be amended to increase INCREASING VARIOUS FINES the administration fee for a compliance ticket from $25 to $50, with the late fee increasing from $50 to $100. Chief Anderson commented that compliance tickets are for minor offenses only, such as equipment violations and driving less than 15 mph over the speed limit. Deerfield is the only community in Lake County to use the compliance ticket. Chief Anderson feels that combining the traffic stop itself with the issuance of a compliance ticket and a warning to the motorist that a second offense could cause the driver to receive a traffic citation sends a strong message to the offender and is an effective deterrent. After discussion, Trustee Rosenthal made a motion to approve the increase in the administration fee for a compliance ticket from $25 to $50 and to direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. Chief Anderson is also recommending that the minimum fine for parking tickets be increased from $5.00 to $10.00. $5.00 no longer covers the costs associated with the issuance -and processing of a ticket. Among 25 communities surveyed by the police department, the most common minimum fine is $10.00. After discussion, Trustee Rosenthal made a motion to approve an increase in the minimum parking ticket fine to $10 and to direct the Village Attorney to prepare the ordinance. Exceptions to the $10 fine will be (1) a $5.00 fine for 2:00 A.M. to 6:00 A.M. parking, failure to display a handicapped card, and failure to display a Village sticker; (2) a $25 fine for failure to obtain a Village sticker or for parking in a fire lane; and (3) a $100 fine for parking illegally in a handicapped parking spot. Trustee Swartz seconded the motion. The motion passed unanimously. 1 1 CONSENT AGENDA ORDINANCE APPROVING REAR YARD An ordinance approving a rear yard variation VARIATION FOR AN ADDITION TO A for an addition to a principal structure PRINCIPAL STRUCTURE, SALTZMAN, located at 1260 Carol Lane, resulting in a 1260 CAROL LANE rear yard of 40' in lieu of the required minimum 501, Steven Saltzman. First Reading. ORDINANCE RE TOBACCO REGULATIONS An ordinance prohibiting possession of tobacco FOR MINORS or smokeless tobacco by minors. First Reading. Trustee Seidman made a motion to adopt the Consent Agenda. Trustee Ehlers seconded the motion. The motion passed unanimously. NEW BUSINESS ORDINANCE 0 -1 -97 REDUCING NUMBER Knightsbridge Wine Shoppe has moved to OF CLASS BB LIQUOR LICENSES FROM Northbrook (Class BB liquor license) and ONE TO NONE AND CLASS C LIQUOR Artemis Restaurant (Class C liquor license) LICENSES FROM FIVE TO FOUR has decided not to renew its license. Therefore, these licenses are no longer needed. First Reading. Trustee Seidman made a motion for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. Trustee Seidman made a motion to adopt the Ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) DISCUSSION DISCUSSION RE NONCONFORMING SIGNS Mrs. Houpt is requesting direction from the Board regarding possible changes to the text of the Zoning Ordinance regarding nonconforming signs. She commented that more restrictive criteria needs to be used for certain signs that are not in a place where they can be viewed from a distance. The text could be written to apply to new signs and to replacement signs while not affecting signs already in place. The Board directed that the Plan Commission hold a public hearing to consider the matter. 3 CHANGE IN MEETING DATE Mr. Franz reported that since the next regularly scheduled Board of Trustees meeting would fall on the Martin Luther King, Jr. holiday, the Board meeting has been rescheduled for Tuesday, January 21. FURTHER DISCUSSION RE 190 WAUKEGAN Mr. Hollan and Mr. Stevens requested additional discussion and clarification of the Board's desires for their development at 190 Waukegan Road. Mr. Hollan inquired if the Board would be more favorable to the plan if the petitioner agreed not to have any medical offices and /or if he agreed to bring potential retailers before the Board to be evaluated for impact on traffic. _aoard.members indicated-they did not want to have to sit in judgment of every tenant on an ongoing basis, and that consolidating access with property owners to the north or south of the site is a better solution. There was discussion of sharing a curb cut with the animal hospital to the south and of other ingress and egress options. Mr. Miller discussed other curb cuts on Waukegan, many of which are not significantly different from the one being proposed by the petitioners for 190 Waukegan. In his opinion, though it is not an ideal solution, it is reasonable to have a curb cut at the petitioner's site. Although peak hour restrictions present enforcement problems, they do tend to improve the situation. Also, most people will adjust their traffic patterns if they know they face a difficult left turn onto a busy road. Mr. Miller offered to do additional studies to clarify the issue for the Board. Mr. Hollan stated that if granted a curb cut for this project, he would be willing to give it up or modify it at a future date if a better ingress /egress option became available. There was further discussion, but no definitive solutions were reached. The petitioners will continue to look for more acceptable options. DISCUSSION RE DUMPSTERS Trustee Swartz reported that several businesses - McDonald's, La Madelaine, and others, who had agreed to enclose their dumpsters, have been negligent in living up to the terms of their PUD agreement. Mrs. Houpt responded that she is aware of the situation and is pursuing compliance. EXECUTIVE SESSION Mayor Forrest requested a motion to go into Executive Session to discuss land acquisition. Trustee Swartz so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:20 P.M. 4 1 1 ATTEST: Village Clerk 1 1 AP ROVED: Mayor