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11/04/2013November 4, 2013 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Village Manager Street in the Council Chambers of the Village Hall on November 4, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Robert Benton Alan Farkas Tom Jester, Mayor Pro Tem Robert Nadler William Seiden Barbara Struthers Absent was: Harriet Rosenthal, Mayor and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. MAYOR PRO TEM In the absence of Mayor Rosenthal, Trustee Struthers moved to appoint Trustee Jester as Mayor Pro Tem. Trustee Benton seconded the motion. The motion passed unanimously. PLEDGE OF ALLEGIANCE Members of the American Legion led those in attendance in reciting the Pledge of Allegiance. John Reed, Chaplain for the Deerfield American Legion Post reminded residents that next Monday is Veteran's Day and they will have a memorial at 11:00 a.m. in Jewett Park. MINUTES OF PREVIOUS MEETINGS Trustee Struthers moved to approve the minutes from the October 21, 2013 Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously. Trustee Farkas moved to approve the minutes from the October 28, 2013 Committee of the Whole meeting. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Nadler moved approval of the bills and payroll dated November 4, 2013. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) TREASURER'S REPORT Village Treasurer Eric Burk presented highlights from the Treasurer's Report representing five months of the eight-month transition year. The sales tax net of the Walgreens rebate was less than last month's high. The sales tax is about $40,000 less than the same period last year. Water and sewer are down. Trustee Seiden indicated the sales tax is less than it has been for months. Board of Trustees Meeting November 4, 2013 Page 2 of 7 Mr. Street noted there have been no store closures to easily explain the drop. Trustee Struthers noted the hotel tax is ahead of projections. Mr. Burk believes the hotel tax will finish the fiscal year at the projection. PUBLIC COMMENT REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR A FINDING OF SUBSTANTIAL CONFORMANCE FOR AN AMENDMENT TO A SIGN PLAN TO ALLOW A REPLACEMENT There were no public comments on non -agenda items. REPORTS The Plan Commission held a workshop meeting on October 10, 2013, to consider the request for finding of substantial conformance for an amendment to a sign plan to allow a replacement directory ground sign for the Deerbrook Corporate Center at 570 Lake Cook Road. The Plan Commission agreed 6-0 DIRECTORY GROUND SIGN FOR 570 that the proposed amendment to the sign plan is in LAKE COOK ROAD (DEERBROOK substantial conformance and that a Public Hearing CORPORATE CENTER) was not necessary. Trustee Seiden moved to accept the report and recommendation of the Plan Commission. 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 ORDINANCE 0-13-48 APPROVING A An Ordinance approving a Class B Special Use to CLASS B SPECIAL USE TO PERMIT permit the establishment of a fitness studio in THE ESTABLISHMENT OF A FITNESS Deerfield Square at 720 Waukegan Road, Unit J for STUDIO IN DEERFIELD SQUARE AT Pure Bane and CRM Properties. Second Reading. 720 WAUKEGAN ROAD, UNIT J (CRM PROPERTIES AND PURE BARRE) — 2R ORDINANCE 0-13-49 APPPROVING An Ordinance approving a Class B Special Use to A CLASS B SPECIAL USE TO PERMIT permit the establishment of a martial arts studio in THE ESTABLISHMENT OF A Deerfield Square at 710 Robert York Avenue, Unit MARTIAL ARTS STUDIO IN C for Gracie Barra Jui-Jitsu and CRM Properties. DEERFIELD SQUARE AT 710 ROBERT Second Reading. YORK AVENUE, UNIT C (CRM PROPERTIES AND GRACIE BARRA JIU-JITSU) — 2R Board of Trustees Meeting November 4, 2013 Page 3 of 7 ORDINANCE 0-13-50 AMENDING AND RECODIFYING CHAPTER 16 "PLUMBING AND SEWERS" OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, AS AMENDED — 2R ORDINANCE APPROVING AN AMENDMENT TO THE ATRIUM PUD FOR CHANGES TO THE BUILDING, SITE AND SIGNAGE IMPROVEMENTS FOR THE CHARLES IFERGAN PARCEL (380-360 LAKE COOK) — 1R ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE THE COMMUNITY RELATIONS COMMISSION TO HAVE A HIGH SCHOOL STUDENT MEMBER— 1R An Ordinance amending and recodifying Chapter 16 "Plumbing and Sewers" of the Municipal Code of the Village of Deerfield, as amended. Second Reading. An Ordinance approving an amendment to the Atrium PUD for changes to the building, site and signage improvements for the Charles Ifergan parcel located at 380 — 360 Lake Cook Road. First Reading. An Ordinance amending the Municipal Code of the Village of Deerfield to authorize the Community Relations Commission to have a high school member. First Reading. Mayor Pro Tem Jester indicated the Village has not received any comments on these items. Trustee Seiden moved approval of the Consent Agenda and adoption of the Ordinances. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0-13-51 APPROVING A Mr. Street indicated staff is recommending adding SPECIAL USE FOR A FRESH THYME 15 additional trees to the northern boundary of the FARMERS MARKET GROCERY STORE property. They believe the additional trees will A ZONING TEXT AMENDMENT AND appropriately address the screening needs. AN AMENDMENT TO THE CADWELL CORNERS COMMERCIAL PLANNED Mr. Coblentz summarized the changes to the site UNIT DEVELOPMENT — 2R agreement. The agreement is substantially the same as what was presented at the October 21, 2013, Board of Trustees meeting; however, there is one substantive change relating to the video monitoring of the delivery area. Mr. Coblentz reported representatives from Fresh Thyme requested that their obligation to monitor and self-report violations be removed. Instead, the Village will have the ability to review the video for violations. Mr. Coblentz noted the homeowner's association would also have the right, at a reasonable time and place, to review the video. Mr. Street added that staff wants the opportunity to monitor the video as well. Board of Trustees Meeting November 4, 2013 Page 4 of 7 Trustee Nadler stated he sent some comments to the Village attorney. Mr. Coblentz indicated some of the requests were included in the Ordinance. Mr. Street noted one of the major thoughts was significantly increasing the fines. He spoke with Mr. Coblentz who expressed concern about making the fine structure consistent with fines that could be imposed by a court instead of elevating fines to a level beyond what was consistent with other Municipal Code violations. Mr. Street noted the Village also has the right to make adjustments to the fines. Trustee Nadler believes that the parties involved should meet at least three times per year for the first two years. He suggested adding delivery hour signage to the north and south access points in the rear of the property. Mr. Coblentz stated that the administration would handle where the signage appearance and where it would be located. He indicated that if two signs are needed, they would both be added. Tracy Lindsay with Fresh Thyme stated he discussed the possibility of adding signage with the Appearance Review Commission. The proposed signage was going to be added to the gate, but the gate was removed. Trustee Nadler stated he was envisioning a pole sign. Mr. Tracy would like to keep the signage simple for the truck drivers. Trustee Benton indicated there were a number of questions about the fence. He is happy to note the fence would be a double sided fence. Mr. Street added the durability of the new fence design is significantly better than what is currently installed. Lawrence Wier, 1111 Wilmot Road, commended the Board for their long hours and good work. He thinks Fresh Thyme will be an excellent foundation for further growth in the center. Marvin Kogan, 135 Doral Court, has lived next to Cadwell's Comers since 1986. He requested additional signage near the loading dock with the hours and delivery days. The Trustees believe adding additional signage is a good idea. Mr. Kogan expressed concern that not everything he stated at a previous meeting was not included the minutes. He questioned what happens when he calls the police. Mr. Street indicated the police department should be outside Village business hours. Mr. Kogan asked how the structure in the agreement would work. Mr. Street stated the agreement gives the Village Manager the ability to add additional meetings as he deems fit. If there is a need for additional meetings, he would request them. Mr. Street stated the Village wants to hold the right people accountable. If a trucking company comes early, the drivers should be held accountable. Mr. Coblentz noted the drivers are not party to this agreement. Mr. Kogan indicated the Chief Executive Officer of Fresh Thyme said they would get different vendors if the drivers are not complying. Trustee Farkas stated this Ordinance will not find every issue that arises. New Ordinances can be adopted. The Village has reasons to believe Fresh Thyme will comply and wants to do things properly. The Village is doing their best to be reasonable. Mr. Kogan believes a number of issues were created when the existing trees were removed. He stated the trees that were removed provided a visual barrier, a sound barrier and privacy. Mr. Kogan understands new trees will be planted, but it would not provide sound control at this Board of Trustees Meeting November 4, 2013 Page 5 of 7 point. He noted the lights are now shining into his second floor windows and believes this will potentially hurt his ability to sell his home as well as his property value. Trustee Benton noted there have been a number of issues with ash trees in the Village. Residents wanted new trees planted at the same scale as what was removed, but it was not possible. Although there will be a period of awkwardness, the new trees will grow. Mr. Kogan does not believe 15 years is acceptable and asked what the Trustees would do to rectify the situation. Trustee Seiden noted that the plantings that were present a few months ago are not the same as what was there ten years ago. Trustee Nadler asked if Mr. Kogan has looked into increasing his landscaping. Mr. Kogan stated he has done a significant amount of landscaping. Trustee Struthers would like someone to look at the lights to ensure they are properly sheilded. Mr. Street noted the Village has requirements that restrict lights from shining beyond the property line. Trustee Struthers noted Mr. Kogan has written a letter about what has gone on with Cadwell's Corners over the years. She urged Fresh Thyme to look at the letter to ensure similar things do not happen again. Michael Berliant, 255 Oakmont Drive, intends to move because he does not want to be next to a grocery store. He also owns a business in Deerfield and will move the business as well. Mr. Berliant believes the biggest issue is that his privacy is gone. People can see right into his house. There were a lot of dead trees that were unsightly, but at least they provided screening and served a purpose. He asks that something more be done. Mr. Berliant asked about the impact on the traffic. The egress out of the shopping center will be a sore point and was not addressed by the Board. Fresh Thyme said a study was done and they were satisfied. He does not believe enough time was spent on the impact and safety. Mr. Berliant expressed concern about the vagueness of the fines. Fresh Thyme's CEO acknowledged trucks would show up early. He said he would do what he could to prevent it, but knows it would happen. Mr. Berliant does not believe the low fines will serve as an effective deterrent. He also has not heard what would happen for multiple offences and would like to see a defined number. John Sheldon, 120 Doral Court, asked whether the stakes in the ground indicate where trees will be added. Mr. Street stated the stakes are where Village staff requested additional trees be added for screening. He noted the petitioner requested additional time before adding those trees. Mr. Sheldon asked about the fence. Mr. Street stated the fence would be a 7' double sided fence with metal posts that will assist in reducing noise and visibility. Jim Devine, representing Cadwell's Corners, stated their intent is to comply with filling in the gaps and adding the 7' double sided cedar fence with metal posts. He noted the trees will need to grow. They will add supplemental landscaping as well. On the signage, Mid-America will review the placement, as they have the experience. Ownership agrees with the signage and adding the additional trees to help fill in the gaps. Mr. Devine indicated the new trees would be installed next season. Board of Trustees Meeting November 4, 2013 Page 6 of 7 Mr. Sheldon asked about the penalties. Mr. Street stated he would look at whether there was intent to disregard the agreement. If someone makes a mistake, he would not want to levy a fine. Mr. Coblentz stated this was designed for the Village Manager to enforce the good faith execution of the agreement. Trustee Seiden added the agreement gives more discretion to the Village Manager. Trustee Struthers noted the idea is the fix the issue, not fine the business. Trustee Seiden moved to adopt the Ordinance with the additional 15 trees recommended by staff, over time. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS PUBLIC HEARING ON THE FISCAL YEAR 2014 ANNUAL BUDGET Trustee Benton moved to open the Public Hearing. Trustee Farkas seconded the motion. The motion passed unanimously. ORDINANCE ADOPTING THE An Ordinance adopting the budget of the Village of BUDGET OF THE VILLAGE OF Deerfield for the fiscal year beginning January 1, DEERFIELD FOR THE FISCAL YEAR 2014 and ending December 31, 2014. First BEGINNING JANUARY 1, 2014, AND Reading. ENDING DECEMBER 31, 2014 —1R Mr. Burk noted the Public Hearing was advertised in the October 3, 2013, Deerfield Review. The proposed budget delays the Deerfield Road improvements to 2015. It also includes changing a part-time employee to full-time status. This was stand as a First Reading of the Ordinance. ORDINANCE AMENDING THE An Ordinance amending the Village of Deerfield VILLAGE OF DEERFIELD WAGE AND wage and salary plan. First Reading. SALARY PLAN —1 R Mr. Burk indicated there would be a 1.5% increase effective January 1, 2014. Being there were no comments from the Public, Trustee Farkas moved to close the Public Hearing. Trustee Benton seconded the motion. The motion passed unanimously. DISCUSSION LEAF PICK UP Trustee Seiden noted all homes in the Village get one pass each of the four weeks of leaf pickup. He f L Board of Trustees Meeting November 4, 2013 Page 7 of 7 noticed some residents have their leaves sitting in the street. If there is a rain storm, the sewers will clog, which presents a huge problem. He recommends residents request their lawn services put the leaves 5" back form the curb or 4" from a carriage walk. COMMUNICATION Mayor Pro Tem Farkas noted the Village has done a good job improving communication to residents. When there are issues, some residents do not hear about it. He asked the Village to update the Village website so residents can select the type of information they receive. Mr. Street noted the Village email list has been expanded. Residents also receive D -Tails six times per year. Some residents feel the Village is communicating with them too much. Staff will look into it. ADJOURNMENT There being no further business or discussion, Trustee Benton made a motion to adjourn the meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:45 pm. APPROVED: Mayor ATTES Village derk