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12/16/2013December 16, 2013 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on December 16, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Tom Jester Robert Nadler William Seiden Barbara Struthers and that a quorum was present and in attendance. Also present were Village attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Trustee Seiden led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Benton moved approve of the minutes from the December 2, 2013 Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Seiden moved approval of the Bills and Payroll dated December 16, 2013. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT ON DEPARTMENTAL Assistant to the Village Manager Andrew OBJECTIVES — ADMINISTRATION Lichterman presented highlights from the Administration departmental objectives report. Mr. Lichterman noted the administrative department consists of the Village Manager's office and the IT department. They recruited a human resources coordinator and are looking at recruiting a new IT system specialist. They will look into locking in a rate for municipal aggregation for the third year of the program. The commercial solid waste franchise is moving forward. Lake Shore is the preferred hauler at this time. A Public Hearing will be held at the January 6, 2014, Board of Trustees meeting and the Board may consider awarding the five year franchise agreement. Staff solicited proposals for cleaning services in May and the contract will save $5,000 annually. The Commissions remain very busy. The Fine Arts Commission had a very successful Fine Arts Festival. The Family Days Commission hosted the 50`s anniversary of Family Days and it was very successful. The Farmer's Market held 16 markets from June through October. The Sustainability Commission has a new chairman and recently went through a goal -setting Board of Trustees Meeting December 16, 2013 Page 2 of 7 exercise. They are pursuing energy and water conservation assessment that will be available to Deerfield residents. Staff is looking into shared services. The Village has participated with several neighboring communities to explore opportunities for joint RFPs to take advantage of economies of scale. ComEd has implemented two service reliability improvements in the Poet's Corner and Clavinia neighborhoods. The BYOB Ordinance was recently passed and three restaurants have applied for 2014 permits. The IT division helped coordinate the new dispatching services for the Village of Riverwoods The assumption of Riverwoods' dispatching services was completed successfully and is now fully operational. Trustee Benton commended the department on their work on the commercial waste franchise. He questioned how businesses that needed additional pickups would be handled. Mr. Lichterman stated Lake Shore will work with the individual businesses to determine their needs. He noted there would not be a charge for service changes. Mayor Rosenthal indicated Lake Shore is very open to working with the various businesses. Mayor Rosenthal noted the new human resources coordinator position replaced the assistant finance director so the net employees stayed the same. PUBLIC COMMENT There were no Public Comments on non -agenda items. REPORTS REPORT AND RECOMMENDATION A report and recommendation of the Plan OF THE PLAN COMMISSION RE: Commission regarding a request for a fmding of REQUEST FOR A FINDING OF substantial conformance for an amendment to the SUBSTANTIAL CONFORMANCE Atrium Planned Unit Development for the FOR AN AMENDMENT TO THE Charles Ifergan parcel located at 380 — 360 Lake ATRIUM PUD FOR THE CHARLES Cook Road. IFERGAN PARCEL (380-360 LAKE COOK ROAD Trustee Jester moved to accept the report and recommendation of the Plan Commission. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Mr. Lichterman reported staff is recommending OF STAFF REGARDING HUEHL ROAD changing the name of Huehl Road to Embassy Board of Trustees Meeting December 16, 2013 Page 3 of 7 NAMECHANGE Way. He noted that Embassy Suites has reported that many of their guests have a difficult time finding the hotel. Embassy Suites is in favor of the change. Trustee Farkas moved to accept the report and recommendation of staff. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE 0-13-62 APPROVING A An Ordinance approving a rear yard setback REAR YARD SETBACK AT 136 EAST variation for the property at 136 East St. Andrews. ST. ANDREWS — 2R Second Reading. Trustee Seiden moved to adopt the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0-13-63 APPROVING AN An Ordinance approving an amendment to a Special AMENDMENT TO A SPECIAL USE Use for site improvements for the North Suburban FOR SITE IMPROVEMENTS FOR THE Evangelical Free Church located at 200 Lake Cook NORTH SUBURBAN EVANGELICAL Road. Second Reading. FREE CHURCH AT 200 LAKE COOK ROAD — 2R Trustee Struthers moved to adopt the Ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0-13-64 AMENDING THE An Ordinance amending the wage and salary plan. WAGE AND SALARY PLAN — 2R Second Reading. Trustee Nadler noted that he would abstain from the vote, as he had missed previous Board meetings where this was discussed. Board of Trustees Meeting December 16, 2013 Page 4 of 7 Trustee Seiden moved to adopt the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Seiden, Struthers (5) NAYS: None (0) ABSTENTION: Nadler (1) NEW BUSINESS APPEAL OF THE APPEARANCE Mr. Street reported the Appearance Review REVIEW COMMISSION'S DECISION Commission considered the request of CosmoProf TO DENY A WALL SIGN FOR at their November 25, 2013 workshop meeting. The COSMOPROF, 405 LAKE COOK ROAD proposed sign incorporates their colors of blue and green on the proposed wall sign. The other wall signs in the plaza are red in color. The Appearance Review Commission found that the proposed wall sign did not keep with the intent of the Deerfield Park Plaza sign criteria and the Deerfield Appearance Code. On a vote of 7-0, the petitioner's request was denied. Deerfield Park Plaza co-owners Sherwin Blitstein and David Dresdner would like their tenant to install a sign with their nationally recognized colors and are appealing the decision of the Appearance Review Commission. Mr. Blitstein stated the Appearance Review Commission expressed concern about the appearance of the sign. However, there are many other signs along Lake Cook Road that have different colors. He noted the center is long and deep and many of the interior tenant signs are not visible from the street. Mr. Blitstein indicated the CosmoProf sign would not be visible from Lake Cook Road. He noted CosmoProf is a division of Sally Beauty Supply, which is the largest beauty supply company in the world. When dealing with large, national retailers, the center does not have as much leverage as when dealing with smaller tenants. National tenants put a lot of money into branding and marketing. Mr. Blitstein noted there are three 2000 square foot vacancies in the center. He stated that the prior owner appeared before the Plan Commission for a signage criteria change that allowed greater flexibility in sign colors, size and lighting. Mr. Blitstein noted the Appearance Review Commission also felt having this tenant with a blue sign would be unfair to the other tenants; however, he has a signed petition from the other tenants stating that they approve of the sign. Trustee Jester believes the former owner was very rigid about the red color in the center, but noted Blitstein does not seem to have an issue with sign color. Trustee Jester suggested Mr. Blitstein apply to change the sign criteria for the center to allow tenants to have variable colored signage. Mr. Blitstein thought the June 8, 2000, Plan Commission agreement would allow for mutually agreed upon sign colors between the landlord and the tenant. Trustee Jester believes that could be a misinterpretation. Village Planner Jean Spagnoli stated the Appearance Review Commission focuses on the Appearance Code while the Plan Commission focuses on the Zoning Ordinance and criteria that Board of Trustees Meeting December 16, 2013 Page 5 of 7 becomes part of the PUD. She noted the Appearance Review Commission did their job by upholding the Appearance Code. Ms. Spagnoli noted the Appearance Code criteria references uniformity within the center. The Appearance Review Commission felt it was keeping with the intent of uniformity. Trustee Jester suggested the center ownership can ask that uniformity be removed from the criteria. Trustee Struthers believes that if the center was fall and all of the signs were red with a bronze baked enamel finish, this sign would look out of place. The shopping center is not full, however, and if the landlord applies to change the criteria to allow other colors, this would not look out of place when other tenants came into the center. Trustee Jester does not believe this is a Village issue; rather, it is a shopping center issue. Peter Whitaker from the Appearance Review Commission stated one of the criteria in the Appearance Code states the signs and graphics shall have a harmonious relationship to the building to which they relate. The Commission believes the store should have the same look and feel as the rest of the building and should not stick out. Mr. Whitaker noted CosmoProfs website and Skokie location have different colors. Marci Wood from CosmoProf noted Sally Beauty Supply's website is primarily red and black. The CosmoProf brand has different colors. Ms. Wood noted they have requested all of the CosmoProf stores in the Midwest be changed to the blue and green color, as their customers look for the colors because they are more artistically inclined. She noted the Libertyville store has the blue and green colors. The Skokie store was a converted store that is more than 15 years old. Mr. Blitstein indicated the new stores all have the CosmoProf colors as presented. Mr. Whitaker stated that if landlords and tenants dictate the appearance in Deerfield, the Village will not have a desired look. He noted the CosmoProf stores he saw also had 100% of their windows covered with advertisements. He expressed concern that they would ask for additional window signage as well. Mayor Rosenthal noted there is a gray area. She does not believe decisions should be made for short term. If the Board feels this is an appropriate sign for this business in the center, they will overturn the denial and approve the sign. Trustee Seiden noted the Appearance Review Commission looks at the sign and determines whether the proposed sign conforms to the rest of the stores in the center. David Dresdner indicated this tenant would not enter into the lease if they were forced to have a red sign. There are many other businesses along Lake Cook Road where signs are different colors. He does not believe putting in a blue sign would be detrimental to the community. He noted that as the landlord, he wants consistency, but does not believe this sign would not be out of character for the center. The current sign regulations do allow variation in color, size and logo. Trustee Jester suggested the center ownership should get the rules of the PUD changed to alleviate the problem. Trustee Nadler does not believe sign color should be judged. Trustee Struthers moved to approve the appeal of the Appearance Review Commission recommendation. Trustee Farkas seconded the motion. Trustee Farkas stated the Appearance Review Commission does good work in the Village. There are standards that apply throughout the Village. The PUD has some ambiguity. The Commission did their job in their interpretation; however, the Board must look at the bigger picture. He wants to help promote new business Board of Trustees Meeting December 16, 2013 Page 6 of 7 within the Village. Mr. Whitaker stated the Commission wanted a harmonious relationship with the rest of the building. Trustee Benton noted the other tenants do not feel this deviation would detract from their businesses. Mayor Rosenthal noted a positive vote would be in favor of the appeal request from Deerfield Park Plaza. AYES: Benton, Farkas, Jester, Nadler, Struthers (5) NAYS: Seiden (1) Mayor Rosenthal thanked Commissioner Whitaker for representing the views of the Appearance Review Commission and thanked the Commission for their hard work in reviewing this petition. AUTHORIZATION TO RENEW GIS Mr. Lichterman reported staff is recommending SERVICE PROVIDER CONTRACT continuing with MGP to provide GIS services. The contract increase is less than 1 percent. Staff recommends authorizing the contract in an amount not to exceed $73,623. Trustee Seiden moved to renew the GIS service provider contract for 2014 in an amount not to exceed $73,623. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Mayor Rosenthal reported on the following recent events: RIBBON CUTTING CEREMONY Core Power Yoga had a ribbon cutting in Deerfield Square. It was a very nice event today to noon. CHAMBER OF COMMERCE LUNCH RUN FOR CHANGE HAPPY NEW YEAR The Village was represented nicely at the DBR Chamber of Commerce luncheon on December 4. Deerfield High School is raising funds for GLASA. They still have several events upcoming events. Mayor Rosenthal wished everyone a happy New Year. ADJOURNMENT There being no further business or discussion, Trustee Benton moved to adjourn the meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The regular meeting was adjourned at 8:23 p.m. Board of Trustees Meeting December 16, 2013 Page 7 of 7 APPROVED: I eL" Mayor ATTEST: Village Clerk