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12/06/1999December 6, 1999 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 Monday, December 6, 1999, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Steve Harris John Heuberger Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. APPROVAL OF MINUTES Trustee Heuberger' made a motion to approve the minutes of the previous meeting. Trustee Ragona seconded the motion. The motion passed unanimously. VISION 2000 UPDATE Mayor Forrest presented a progress report on 'the redevelopment of the Southwest Quadrant, the Southeast Quadrant and South Commons. PUBLIC COMMENT Trustee Seiden reported that the first "Trustee In The Town" will take place on December 18. Mayor Forrest and Trustee Seiden will be in the lobby of the First Midwest Bank from 9 :00 A.M. until noon to talk with residents. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR ESTABLISHED FRONT hearing on November 2"6 to consider the YARD VARIANCE, 521 BRIERHILL, DAWE request of Mr. and Mrs. Charles Dawe for a variation for their property located at 521 Brierhill Road. The variation, if granted, would permit the petitioners to construct a new home on the property with a minimum 56' front yard setback in lieu of the averaged 68' front yard setback required by the Zoning Ordinance. It is the recommendation of the BZA that the requested variation be granted. The motion passed 4 -0. BZA Chairman Robert Speckmann reported that permitting the house to be built closer to the front of the lot would enable the petitioners to save several mature trees in the yard. The plan has the support of the Dawe's neighbors. Architect Steve Munson showed a rendering of the footprint of the current house, the footprint of the proposed house,'the required setback, and the location of the mature trees. After discussion, Trustee Rosenthal made a motion to accept the report and recommendation of the BZA and to direct the Village Attorney to prepare an ordinance. Trustee Seiden seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AN November 11th. It is their recommendation AMENDMENT TO THE SIGNAGE PLAN FOR that Carr America's request for an amendment PARKWAY NORTH CENTER, CARR AMERICA to the Parkway North Center sign plan to allow the proposed wall sign for Fujisawa at the Three Parkway North building and the proposed.wall sign for The Associates at the Four Parkway North building, with a sign modification for the area of each sign, be approved. The motion passed 5 -0. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AN November 11th. It is their recommendation AMENDMENT TO THE SIGNAGE PLAN FOR that Brunswick's request for an amendment to DEERBROOK SHOPPING CENTER, the Deerbrook Shopping Center signage plan, BRUNSWICK DEERBROOK LANES including the sign modifications, be approved with the condition that the neon bands are eliminated and replaced with fluorescent tubes. The motion passed 5 -0. Trustee Rosenthal made the suggestion that the Board consider expanding the scope of the Appearance Review Commission to include the Deerbrook Shopping Center and other areas of town. Currently the ARC is involved only in the C -1 zoning district. Mayor Forrest responded that this is a good idea and that the ARC has already indicated its willingness to take on the additional responsibility. Staff and the Village Attorney will study the matter and report back at the next meeting. Brunswick will not be affected by any decision, however, as their petition is already in process. Hank Harris of the Brunswick Corporation reported that they are in the process of a $1,500,000 renovation and a change in philosophy from league bowling to family entertainment center. The interior renovation should be finished by December 20th. Brunswick would like to have their new sign up by that time as well. Mr. Harris showed an artist's rendering of the signage originally requested for the front of the building and another of the toned down, no neon concept they and the Planning Commission have agreed upon. Trustees agreed that the revised concept is much better. Mayor Forrest noted that Brunswick has a liquor license and cautioned diligence about not serving minors. Trustee Ragona made a motion to accept the report and recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. The motion passed unanimously. After discussion it was decided that Brunswick may proceed to put up their sign, with the condition that if the ordinance doesn't pass, Brunswick will remove the sign. Mr. Harris agreed and stated he will provide the Village with written acceptance of this provision. REPORT AND RECOMMENDATION OF PLAN At a workshop meeting held on November 11, COMMISSION RE REQUEST FOR APPROVAL the Plan Commission reviewed the final OF FINAL DEVELOPMENT PLAN FOR development plan for the Safeguard Self 2 SAFEGUARD SELF STORAGE, 125 SOUTH Storage facility and finds it to be in PFINGSTEN substantial conformance to the previously approved preliminary development plan. It is their recommendation that the final development plan be approved. The motion passed 5 -0. Robert Kenny was in attendance representing Safeguard Self Storage, and Kenneth Hoch was in attendance representing 111 Pfingsten Realty, Inc. which is adjacent to the proposed Safeguard facility. Mr. Hoch, who had written the Village to request that the agenda item be tabled, stated that the matter should be tabled because his client did not receive notice regarding the Plan Commission Public Hearing and because his client has concerns regarding truck access at the site and other matters. Mr. Hoch added that just today he received a portion of a new site plan the petitioner is proposing for the property, but there has been no time to study that proposal. Mr. Kenny commented that Safeguard complied with the Village's requirements for legal notices. In addition, when it was learned that 111 Pfingsten had not received the notice, they were sent a packet containing information on everything submitted by Safeguard to the Village.. 111 Pfingsten Realty Inc. has had this packet for a minimum of two weeks. Also, there was a two hour conference call between the two parties to discuss Safeguard's plans. Mr. Kenny read excerpts of a letter dated December 3 from 111 Pfingsten Realty to their real estate attorney and suggested that Mr. Hoch's client may have an ulterior motive for seeking a delay, this being to attain Safeguard's cooperation and support regarding certain matters, including potential parking and traffic circulation problems at 111 Pfingsten. There was discussion of the notification process for the Plan Commission meeting. Mr. Stucko commented that he feels the notice was adequate and is the system which, though imperfect, is used by virtually all communities. After a lengthy discussion of the issues involved, Mayor Forrest pointed out that if the Board accepts the Plan Commission report and directs preparation of an ordinance, the ordinance will not be back for First Reading for two weeks. Then there will be an additional two weeks before Second Reading. Even without tabling the matter, this should allow enough time for the two parties to get together to work out any areas of concerns. Mr. Kenny indicated his willingness to meet and try to resolve their differences. Mr. Hoch commented that this is acceptable, so long as he can come back to the Board for further discussion, if necessary. Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Swanson seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission has reviewed the final COMMISSION RE REQUEST FOR APPROVAL plat of resubdivision for the property at OF FINAL PLAT OF RESUBDIVISION FOR 1415 and 1421 Northwoods Road and finds the THE PROPERTY AT 1415 AND 1421 final plat to be in substantial conformance NORTHWOODS ROAD, JOHNSTONE to the previously approved preliminary plat 3 of resubdivision. It is their recommendation that the petitioner's request for approval of the final plat of resubdivision be approved. The motion passed 5 -0. Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission. Trustee Swanson.seconded the motion. The motion passed unanimously. REPORT OF FINANCE COMMITTEE RE Mayor Forrest reported that the Finance 1998 -1999 COMPREHENSIVE ANNUAL Committee met with the auditors prior to FINANCIAL REPORT tonight's Board meeting to review the 1998- 1999 Comprehensive Annual Financial Report. The Committee is satisfied with the report, and the Mayor urged the Board to accept it. Trustee Seiden so moved. Trustee Heuberger seconded the motion. The motion passed unanimously. CONSENT AGENDA As Trustee Harris is recused from Deerfield Square matters, and there is a Deerfield Square Ordinance on the Consent.Agenda, it was decided to take each item separately. ORDINANCE 0 -99 -47 APPROVING SIDE - An ordinance granting a sideyard variation YARD VARIATION, SANNER, 959 to Mr. and Mrs. John Sanner, 959 Appletree APPLETREE LANE Lane. The variation would permit the construction of an attached two car garage encroaching 3' into the required 8' minimum interior side yard. Second Reading. Trustee Rosenthal made a motion to adopt the ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ORDINANCE RE SITE PLAN An ordinance granting site plan modifications MODIFICATIONS AND FINAL APPROVAL and final approval of Buildings 1, 3, 7 and OF BUILDINGS 1, 3, 7, AND 9, AND 9, and special uses for three restaurants at SPECIAL USES FOR THREE RESTAURANTS,-Deerfield Square. First Reading. (Trustee DEERFIELD SQUARE Harris recused) ORDINANCE RE RESERVOIR /PUMP HOUSE AT MITCHELL PARK at Mitchell Park. First Reading. An ordinance approving an amendment to a special use in P -1 Public Lands district to permit construction of a reservoir /pump house NEW BUSINESS 2 ORDINANCE INCREASING NUMBER OF An ordinance increasing the number of Class CLASS C LIQUOR LICENSES FROM TWO C liquor licenses from two to three. The TO THREE license is for Il Forno Pizza. First Reading. ORDINANCE RE 1999 REAL ESTATE TAX An ordinance approving a net Village real LEVY estate tax levy for 1999 in the amount of $2,858,825, a reduction of 1.39% from 1998, 2 and a Library levy in the amount of $1,420,000, a 5.7% increase over last year`s levy. First Reading. ORDINANCES RE 1999 TAX LEVY There are three tax levy abatements for ABATEMENTS for 1999: 1. 1993 General Obligation Bonds Issue - abatement amount $815,000. First Reading. 2. 1997 General Obligation Bonds Issue - abatement amount $485,441. First Reading. 3. 1998 General Obligation Bonds Issue - abatement amount $2,196,.750. First Reading. DISCUSSION INTERFAITH SERVICE Trustee Ragona complimented Trustee Swanson on his reading at the interfaith service prior to Thanksgiving.. SANITARY STUDY Trustee Heuberger commented that since the sanitary sewer study for Montgomery and Wilmot is complete, which brought to light a number of illegal connections, staff should advise residents of recommended improvements. EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss land acquisition. Trustee Ragona so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Heuberger made a motion to adjourn the meeting. Trustee Ragona seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:12 P.M. ATTEST: I' Village Clirk APPROVED: 14ayor 5 1