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10/21/2013October 21, 2013 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Rosenthal in the Council Chambers of the Village Hall on October 21, 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 Julie Schneider and Amanda Singer from Deerfield Family Theater's "The Secret Garden" led those in attendance in reciting the Pledge of Allegiance. Ms. Schneider noted their mission is to provide high quality theater that includes children. Ms. Singer discussed the production of "The Secret Garden." They are very proud of the production and have a 14 piece orchestra. The productions will be performed the two weekends before Thanksgiving. She thanked the Village for all of their support. MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the October 7, 2013, Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Farkas moved approval of the Bills and Payroll dated October 21, 2013. Trustee Struthers seconded the motion. Mayor Rosenthal requested an accounting of the senior taxi subsidy program. Mr. Street noted the program has grown substantially. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT ON DEPARTMENTAL Building and Code Enforcement Supervisor Clint OBJECTIVES — COMMUNITY Case presented highlights from the report on DEVELOPMENT DEPARTMENT departmental objectives for the building division. Mr. Case indicated the total fees have not increased, but the number of projects has increased by 100 over the past six months. He discussed the projects that have been completed or are near completion. Mr. Case indicated they will be busy with the Woodview and AMLI developments. Board of Trustees Meeting October 21, 2013 Page 2 of 8 Mr. Case noted all five of the permits for the chicken coup pilot program have been issued and the coups have been inspected. Residents have not voiced any concerns. Mr. Case suggested making this a permanent program. Senior Planner Jeff Ryckaert presented highlights from the community development departmental objective report. There was a wide variety of applicants that came before the Plan Commission. Mr. Ryckaert will have the Plan Commission look at various amendments to the Zoning Code. They will be looking at the C-2 district. He reported on the progress of the change of the Village Center Development Commission to the Village Center Commission. The new commission will not review special use permits any longer; rather, they will become an idea -generating commission. The Appearance Review Commission considered 15 petitions. The Village continues to maintain the detailed demographic data and available space information. Deerfield Square has a number of new uses. The Village added flow charts to assist in understanding the special use process in the Village. PUBLIC COMMENT Marvin Kogan, 135 Doral Court, noted there was an accident on Saturday that caused a traffic issue at Lake Cook Road and Waukegan Road. He asked why the residents were not notified through the emergency notification system. Mr. Street noted the Village could have communicated better. He indicated the Village would work on it for the future. REPORTS REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission held a OF THE PLAN COMMISSION RE: Public Hearing on September 26, 2013 to consider REQUEST FOR AN AMENDMENT TO changes to the landscaping, site and signage THE ATRIUM PUD FOR CHANGES improvements for the Charles Ifergan parcel on TO THE BUILDING, SITE AND Lake Cook Road. The Plan Commission voted 6-0 SIGNAGE IMPROVEMENTS FOR THE in favor of the petition, including lowering the sign CHARLES IFERGAN PARCEL (380- panels on the south and east faces of the building. 360 LAKE COOK ROAD Trustee Farkas moved to accept the report and recommendation of the Plan Commission. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Management Analyst David Fitzgerald reported the OF THE FAMILY DAYS COMMISSION: Family Days Commission met on October 7, 2013, Board of Trustees Meeting October 21, 2013 Page 3 of 8 2013 FAMILY DAYS REPORT AND to discuss revenues and expenses from 2013. This 2014 FAMILY DAYS BUDGET year, the expenses from Family Days totaled $56,161. The revenues were $45,977. The difference was $10,184. Mr. Fitzgerald indicated they are looking at increasing expenditures by 9% next year while revenues are expected to increase by 18%. He noted the fireworks contract would be renegotiated for 2014. The Commission already renegotiated the contracts for the stage and the rides. Mr. Street commended the Commission, because in the past, the Village has supported the event in excess of $20k. This year, the Village supported the event with just over $10,000. Family Days is a terrific event that has become much more self-sufficient than in the past. Trustee Benton moved to accept the report and recommendation of the Family Days Commission. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Community Relations Commission member Gil OF THE COMMUNITY RELATIONS Antokal reported the CRC is excited COMMISSION RE: DEERFIELD HIGH about this project. Mr. Street advised the SCHOOL STUDENT MEMBER Commission that this would require modification to the Municipal Code. Mr. Antokal summarized the proposal. The plan is for a high school sophomore and junior to become members of the Commission to provide high school students with direct access to government leaders. The Commission wants to engage the youth to get started in community service. The Commission wants to consider all youth in the community, regardless of where they attend school. Trustees Farkas and Nadler questioned the age range, from 13 — 22. Mr. Antokal noted the Village does not want to eliminate any high school student; some special needs students are in high school until they tum 22. Trustee Struthers asked what high school administrators think of the proposal. Mr. Antokal stated they are very excited about it. He noted members of the Commission would meet with school administrators this week, if it is passed. Mr. Street added Deerfield High School administrators have been at the Commission meetings and have been instrumental in the program development. The Trustees wanted to ensure this was open to all high school students. Mr. Street ensured the information would be made available to all. He indicated nominations would begin immediately. Trustee Struthers moved to accept the report and recommendation of the Community Relations Commission. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Board of Trustees Meeting October 21, 2013 Page 4 of 8 CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE APPROVING A SPECIAL Mark Home, 265 Oakmont Drive, indicated the USE FOR A FRESH THYME FARMERS rear of his home shares the northern border of MARKET GROCERY STORE, A Cadwell's Comers. Mr. Horne has been a real ZONING TEXT AMENDMENT AND estate attorney for 40 years. He is concerned AN AMENDMENT TO THE CADWELL about a few items in the agreement. CORNERS COMMERCIAL PLANNED UNIT DEVELOPMENT —1R Mr. Home believes the penalties are minor. He asked the Board to revisit them, and make adjustments based on a large, commercial enterprise. He noted the penalties are permissive, which gives the Village Manager the right to determine whether penalties will be invoked. Mr. Home is especially concerned about repeat violations of the delivery hours provision. Mr. Horne expressed concern about the trash compactor. Mr. Home he inquired where trash would be stored once the compactor hours had passed. Mr. Home indicated no trees have been installed. The proposed Ordinance requires the fence to be replaced in kind. Mr. Home believes a better fence should be installed. Marvin Kogan, 136 Doral Court, has questions about a number of items within the document. He noted vegetation had been removed and questioned whether a permit had been issued. Mr. Kogan also asked whether live, viable material was removed. He indicated construction started before 7 a.m. on September 28 and September 29. Mr. Kogan suggested the Village inspect the fence, as it is nearly 30 years old. He indicated the site performance agreement calls for the property to be videotaped. Mr. Kogan believes there should be a regular schedule as well as surprise inspections to ensure the system is working. He also asked about public notice about the violations. Mr. Kogan believes the landscaping plan is very confusing and the exhibits are inaccurate and misleading. He requested verification. Mr. Kogan suggested the Village inspect the landscaping on an annual basis. Mr. Kogan suggested making the store hours part of the tri -party agreement. He noted the store would close at 10:00 pm and the employees would leave by 11:00 pm. He also requested clarification on the penalties and violations. Board of Trustees Meeting October 21, 2013 Page 5 of 8 Mr. Kogan does not believe this is the best use as it is too intensive. If it can be controlled, there would be fewer problems. Mr. Kogan does not believe the Village is currently controlling the situations within this document. John Sheldon, 120 Doral Court, was curious to know if the email he sent today would be part of the record. Mr. Street indicated it would be made part of the record. Mr. Sheldon read the email that he sent to the Board. Email from Mr. Sheldon to Mayor Rosenthal and Board of Trustees dated October 21, 2013: 1 have reviewed the proposed ordinance and wanted to address a few of the items contained therein. Although I have other issues with this entire process and the ordinance itself, and this is in no way intended to cover each and every issue I have, I wish to address the following issues: 1. The "administrative penalty" provision (section 6) of the Site Performance Agreement to be sorely lacking. A $250/$350/$500 fine structure might make sense for residential home owners but for a commercial developer and a national grocer, those fines are de minimis. Please consider revising the fine structure to something a little more aggressive. I'd suggest $1,000.00 for the 1st violation, $2,500.00 for the 2d and $5,000.00 for all subsequent violations on an annual basis. If the Village is truly concerned about the Deer field residents that own property adjacent to CadwelPs Corners, this seems like a simple fix that will provide the homeowners with some protection. 2. Please also consider revising the store hours (Tenant Performance Guarantees/section 2) to 8:00 a.m. to 9:00 p.m. Whole Foods does not open until 8.00 a.m. and it does not border a residential neighborhood. Plus, given that the petitioner has already agreed to 8:00 a.m. as the earliest time for deliveries, this would lessen the likelihood of delivery trucks arriving early. 3. Finally, please reconsider the landscaping and fence provisions (Owner Performance Guarantees/section 3). If the Village is truly concerned about screening for the neighbors, the tree installation is woefully inadequate. Furthermore, the fence should be higher than it is now and should be better suited to protecting the neighbors from sound as addressed in Michael Berliant's October 16, 2013 email. Thank you for your consideration. Mr. Sheldon believes the administrative penalty provision and the fine structure are lacking. He thinks they need to be more aggressive. Mr. Sheldon suggested the store hours be consistent with Whole Foods; thus, the store would be open from 8 a.m. to 9 p.m. Mr. Sheldon discussed the landscaping and fence provisions. He believes the tree insulation is inadequate and the fence should be higher and better suited to protect the neighbors from sound. Mr. Sheldon believes the Village will have traffic and parking issues because of the proposed use. Board of Trustees Meeting October 21, 2013 Page 6 of 8 Mr. Kogan noted the refrigeration unit would create noise issues. He asked if there was an alternative material that would help with the noise. Jim Devine, managing partner with Cadwell's Corners, stated they are trying to develop a three - party agreement that will work for all parties. He appreciates the Village's work on this and stated they would do their best to make it work for everyone. Mayor Rosenthal wants to ensure the neighbors' concerns and complaints are properly addressed. She also wants to ensure the neighborhood is protected. Trustee Seiden noted the shopping center has not been as full as the owners wanted over the past few years. The Village has heard various complaints and he hopes things will be better going forward. Trustee Seiden wants the center ownership to take care of both the center and the residents. Trustee Farkas noted the residents suggested increases in penalties and other concessions. He asked Tracey Lindsey from Fresh Thyme if they would voluntarily consider any of their suggestions. Mr. Lindsey noted that a $500 fine is large enough to be a hit to a grocery business, as they operate on a low profit margin. He also noted that the store hours were altered at the Plan Commission level and he considered that issue resolved. Trustee Struthers questioned what would happen to the penalties if there are repeat violations within a 30 day period. Mr. Coblentz stated the Village Manager would determine what would happen. He indicated the Village has not done anything like this in the past. The dispute resolution has the Village Manager making the determination and deciding the penalties. He indicated truck hour violations would be a one-time incident. They need to keep video and provide it to the Village upon request. Other instances, such as landscaping, would require something affirmative will need to be done. The authority is with the Village Manager to ensure remedial actions are taken or the Village can pursue various remedies. The Village may not be able to envision all of the circumstances that may arise. Mr. Kogan stated the landscaping issue has already been approved. The property has already been staked by JULIE. Mr. Coblentz noted the Village would verify what needs to be done. The Trustees discussed the trash compactor. Mr. Lindsey stated they would install a new compactor and ionizer and the hours of operation for the compactor would be from 8 a.m. — 8 p.m. Trash going into the compactor would be kept inside the building, but operating the compactor one time per hour was not in the initial agreement. He noted there may be a trash can with trash inside, but no trash would be stored outside the building. Mr. Lindsey noted cardboard would be picked up one time per week. Mr. Devine indicated the fence would be substantially replaced with a double -sided wooden fence. He noted they were currently in the bidding process and their intention is to replace old fences, but they want to do the landscaping first. The fence and landscaping will be substantial because they want to be in full compliance. Mr. Devine indicated they are trying to improve the center and the community. Board of Trustees Meeting October 21, 2013 Page 7 of 8 Bary Levin, 880 Briarwood, noted the Dominick's store will be removed near Deerfield. He believes that may be a nice alternative for Fresh Thyme. ORDINANCE APPROVING A CLASS B An Ordinance approving a Class B Special Use SPECIAL USE TO PERMIT THE to permit the establishment of a fitness studio in ESTABLISHMENT OF A FITNESS Deerfield Square at 720 Waukegan Road, Unit J. STUDIO IN DEERFIELD SQUARE AT First Reading. 720 WAUKEGAN ROAD, UNIT J (CRM PROPERTIES AND PURE BARREL — 1R Mayor Rosenthal indicated this would stand as a First Reading. ORDINANCE APPROVING A CLASS B An Ordinance approving a class B Special Use SPECIAL USE TO PERMIT THE to permit the establishment of a martial arts studio ESTABLISHMENT OF A MARTIAL in Deerfield Square at 710 Robert York Avenue, ARTS STUDIO IN DEERFIELD Unit C. Fust Reading. SQUARE AT 710 ROBERT YORK AVENUE UNIT C (CRM PROPERTIES Mayor Rosenthal indicated this would stand as a AND GRACIE BARRA JUI-JUITSU) —1R First Reading. ORDINANCE AMENDING AND An Ordinance amending and recodifying Chapter RECODIFYING CHAPTER 16, 16, "Plumbing and Sewers" of the Municipal Code "PLUMBING AND SEWERS," OF THE of the Village of Deerfield, as amended. First MUNICIPAL CODE OF THE VILLAGE Reading, OF DEERFIELD, AS AMENDED — 1R Mayor Rosenthal indicated this would stand as a First Reading. ORDINANCE 0-13-47 ESTABLISHING Assistant to the Village Manager Andrew COMMERCIAL FILMING Lichterman reported staff took the comments from REGULATIONS — 2R the Board into consideration when revising the proposed Ordinance. He noted four material changes were made. First, the definition of large-scale filming includes a vehicle weight of 7,500 lbs. The filming application notice was shortened to five days in advance. Neighbors residing within 400 linear feet in each direction on both sides of the street would also be notified within five days. The number of permits in a single zoning lot is four in a 12 -month period with an aggregate of no more than 12 production days. Trustee Struthers questioned the notification method, as it states notification could be in person, by mail or through a sign on the property. Mr. Street indicated the notification method would require the Village Manager's preapproval. Trustee Farkas moved acceptance of 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) Board of Trustees Meeting October 21, 2013 Page 8 of 8 NEW BUSINESS There was no New Business. SATURDAYS IN THE VILLAGE Mayor Rosenthal indicated there have been a lot of activities on Saturdays in the Village. Some of these include the French Market and the Pumpkin Invasion. Deerfield Square hosted a Taste of the Square, where the restaurants offered samples. It was very enjoyable. Deerfield Square has also had entertainment, which has been a lot of fun. There have been a lot of positive comments about the pumpkins in town. Mayor Rosenthal urged residents to put money in the pumpkins, noting all proceeds would go to charity. 100' ANNIVERSARY on Saturday. COMMITTEE OF THE WHOLE to discuss the proposed 2014 budget. Mayor Rosenthal reported the Fire Department held a ribbon cutting in honor of their 100th anniversary Mr. Street noted there would be a Committee of the Whole meeting next Monday beginning at 6:00 p.m. ADJOURNMENT There being no further business or discussion, Trustee Jester made a motion to adjourn the meeting. Trustee Nadler seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:10 pm. APPROVED: Mayor ATTEST: Village Clerk