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08/04/2003August 4, 2003 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harris in the Council Chamber of the Village Hall on Monday, August 4, 2003, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Jerry Kayne Harriet Rosenthal William Seiden Matthew Wylie and that a quorum was present and in attendance. Also present were attorney John Donahue and Village Manager Robert Franz. Trustee Swanson arrived shortly after roll call. PLEDGE OF ALLEGIANCE Oscar Adler led those in attendance in reciting the Pledge of Allegiance. He then discussed the Job Seeker Workshop sponsored by the Chamber of Commerce that was held August 2nd in the Board Room. 39 individuals participated in one or more segments of the program. APPROVAL OF MINUTES Trustee Kayne made a motion to approve the minutes of the previous meeting. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) PUBLIC COMMENT Melissa Bigg discussed negative comments recently made in the Chicago Tribune concerning the parking lot at Deerfield Square and asked the Village to see what improvements might be made to it. Gil Antokol announced that the quarterly blood drive will take place on September 7th at Jewett Park. REPORT AND RECOMMENDATION FROM FAMILY DAYS COMMISSION RE MULTI- YEAR CONTRACT FOR FIREWORKS show for the past several years. $13,000 /year for each of the thr fireworks in any one year of the REPORTS The Family Days Commission is recommending that the Village extend its contract with Mad Bomber Fireworks Productions, the company that has provided the Family Days July 3rd fireworks Mad Bomber will extend the current price of ae years and will provide an additional 10% more contract extension at no charge. r a Board of Trustees Meeting August 4, 2003 Page 2 of 5 Trustee Rosenthal moved for acceptance of the report and recommendation of the Family Days Commission and extension of the contract with Mad Bomber Fireworks Productions for three years at a cost not to exceed $13,000 per year. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -03 -32 AMENDING THE Trustee Seiden moved to adopt the ordinance ZONING ORDINANCE RE BULK amending the Zoning Ordinance re bulk REGULATIONS regulations. Trustee Benton seconded the motion. Trustee Rosenthal requested that Trustee Seiden amend his motion so that each of its three components could be voted on separately. Trustee.Seiden declined to amend the motion. Mayor Harris opened up the meeting for public comment. Tom Cowan, president of the Community First program used in Naperville, attended the meeting at the invitation of Derek and Susan Ragona and spent several minutes providing an overview of that program. John Heuberger commented that two necessary provisions are missing from the ordinance. The first, which would affect him as well as many of his Deer Run neighbors, is the addition of a grandfather clause that would allow an existing home, not within the new ordinance's .40 FAR requirement, to be replaced at its former size and footprint if destroyed by fire or other disaster.* The second provision Mr. Heuberger suggested is to establish a set of standards for homeowners to refer to when seeking a variance from the ordinance. Trustee Seiden responded that, .after talking with Mr. Heuberger earlier in the day, he did some research and was surprised to learn that, while there are provisions in place for rebuilding on a nonconforming lot after a. disaster, there are no provisions in place regarding.rebuilding. on a conforming "lot. Trustee Seiden therefore had the attorney draft an amendment adding this provision, which he subsequently discussed with members of the task force. He moved that the amendment be added to the ordinance. Trustee Benton seconded the motion. A discussion of the amendment followed, with it being clarified that any structure legally built, including those which were the result of a variation granted by the Village, could be rebuilt. During the next hour 18 more people spoke regarding the proposed ordinance. Of these, seven were against passing the ordinance and eleven were in favor of it. When everyone in the audience who wished to comment had done so, Mayor Harris gave trustees the opportunity to comment. Trustee Swanson expressed his concern that, as the ordinance is "tweaked" in the future, the provision allowing for a 3,500 sq. ft. home on even a "substandard" lot, may be overturned, thus lowering the value 1 Board of Trustees Meeting August 4, 2003 Page 3 of 5 of those properties. He is also concerned that the zoning code contains no mechanism for property owners to seek a variation to increase the FAR limit. Trustee Wylie commented that he read the Community First materials and agrees with much of it, but he also feels that those ideas must be backed up by sound zoning regulations. He feels the .4 FAR is reasonable. Trustee Benton agreed with Trustee Wylie that, while Community First has a number of good ideas, it works only if developers choose to agree to it. He feels the ordinance is needed and that it is needed now, even though it may not be perfect and may need `tweaking ". Trustee Kayne stated that, while Community First has some good ideas, he would not vote in favor of it because he doesn't feel the Board should try to dictate good taste. It is preferable to set parameters and let people build what they want within those parameters. Developers cannot be counted on to take into account what is best for the properties surrounding the one they are developing. Trustee Seiden gave a brief overview of the history of the task force. He commented that the task force was aware of the Community First concept and that they had studied it. He feels it is an excellent program, but that it should be used as an adjunct to the ordinance, not be a replacement for it. He feels that having the ordinance in place will control growth in Deerfield and that controlling growth will preserve property values for the future. Trustee Rosenthal commented that she would prefer not to vote on the ordinance tonight. She would like to wait until the task force has made its recommendations about trees and landscaping. She feels that trees and other appropriate landscaping soften the appearance of new homes, and she would like for the ordinance to require that a certain percentage of a new home's cost go toward providing them. If, however, the Board is not willing to delay the vote, she would like to again request that the three provisions of the ordinance be voted on separately. This might not change the outcome of the vote, but it would more accurately reflect the thinking of the trustees on the individual issues. Trustee Rosenthal moved to table the vote until the task force makes a recommendation on landscaping and tree preservation. No one seconded the motion. Trustee Rosenthal asked that Trustee Seiden amend his motion to allow each of the three components to be voted on separately. Trustee Seideri declined. Mayor Harris reminded trustees that there is a motion on the table from Trustee Seiden to amend the ordinance to include language that allows for a home that has been destroyed by fire or other disaster to be replaced at its size immediately prior to the event. He congratulated Trustee Seiden and the task force for responding so quickly to the suggestion made by Mr. Heuberger only hours ago. Regarding Mr. Heuberger's suggestion to set guidelines for the BZA to use in considering variances, Mayor Harris commented that such regulations can and should be considered quickly by the task force, but that Board of Trustees Meeting August 4, 2003 Page 4 of 5 passage of the ordinance should not be held up until such time as they are in place. This part of Mr. Heuberger's suggestion is not part of the amendment that is currently on the table. Mayor Harris asked for a roll call on the amendment. The amendment passed by the following vote:. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Mayor Harris asked for a roll call on the ordinance, which includes the amendment.. The ordinance passed by the following vote: AYES: Benton, Kayne, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) Trustee Rosenthal noted that her vote is "Nay" because she does not support the .4 FAR portion of the ordinance. Trustee Swanson indicated that this is also the reason for his "Nay" vote. NEW BUSINESS DISCUSSION RE MOSQUITO ABATEMENT The area west of Wilmot Road in Deerfield is SERVICES WEST OF WILMOT ROAD not part of the Southeast Mosquito Abatement District. Attempts are „underway to have that area annexed into the district, but this has not yet been accomplished. Residents of that area are requesting that the Village fund the services of Clarke Environmental Mosquito Management (the contractor used by the mosquito abatement district) in the amount of $4,711.76 to'provide abatement services. It was discussed that residents east of Wilmot Road are paying for this service as a line item on their property tax bills. Residents west of Wilmot Road need to take steps to be annexed into the mosquito abatement district before next year so they too will be billed through their property taxes and will not require subsidizing by the Village. Trustee Seiden moved to approve funding to Clarke Environmental Mosquito Management, Inc. for mosquito abatement services for the area west of Wilmot Road in an amount not to exceed $4,711.76. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) nT Q(TTCQ TnM GREEN TREE DAY CARE INVITATION Trustee Benton reported that the Green Tree Day Care Center at Parkway North is celebrating its 10th anniversary on Friday, August 8th from 4:30 p.m. - 6:30 p.m. Anyone interested may attend. 1 1 Board of Trustees Meeting August 4, 2003 Page 5 of 5 TRUSTEE IN THE TOWN Trustee Seiden reported that the next Trustee in the Town will be held August 23rd at the Farmers Market. Trustees Rosenthal and Wylie will represent the Village Board. LINDEMANN PROPERTY Mr. Franz reported that the Village has closed .on the Lindemann property and will now proceed to get quotes for demolition of the building. ADJOURNMENT There be' further business to discuss, Tru ee B nton oved to adjourn the meeting. Trustee Kayne seconded the motion. e moti n pas ed unanimously. The meeting was adjourned at 9:45 P.M. ATTEST: eA Village Clerk AP