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02/03/2014February 3, 2014 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 February 3, 2014, at 7:32 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Thomas Jester Robert Nadler William Seiden Absent was: 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 Mayor Rosenthal led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the minutes from the January 21, 2014, 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 February 2, 2014. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) TREASURER'S REPORT Village treasurer Eric Burk presented highlights from the Treasurer's Report, representing the results of the fiscal period ending December 31, 2013, which are subject to year-end adjustment and audits. Sales tax was up from last month and from the same period last year. State income tax was up due to estimated payments made in October. Building permits decreased from the recent highs. The Village made the budgeted transfer from the General Fund to the Infrastructure Fund. December was a bad weather month and there was a spike in overtime due to snow and ice control operations. PUBLIC COMMENT There was no public comment on non -agenda items. REPORTS REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission held a L Board of Trustees Meeting February 2, 2014 Page 2 of 6 OF THE PLAN COMMISSION RE: workshop meeting on January 9, 2014, to consider a REQUEST FOR A FINDING OF request for a finding of substantial conformance to SUBSTANTIAL CONFORMANCE TO allow changes to the final development plan for ALLOW CHANGES TO THE FINAL Cadwell's Comers Shopping Center to reconfigure DEVELOPMENT PLAN FOR the parking spaces in the front lot and create a CADWELL'S CORNERS SHOPPING vehicular connection to Just Tires. The Plan CENTER TO RECONFIGURE THE Commission voted 6-0 in favor of recommending PARKING SPACES IN THE FRONT LOT approval of the request. AND CREATE A VEHICULAR CONNECTION TO JUST TIRES Trustee Benton moved to accept the report and recommendation of the Plan Commission. Trustee Benton seconded the motion. Trustee Nadler asked if the Village was requesting an access or easement agreement to be recorded and attached to the title so the easement would be permanent. Mr. Coblentz stated that is typically what is done. Jim Devine, representing Cadwell's Corners ownership, stated there is a reciprocal cross access agreement for the parcels. Trustee Nadler wanted to ensure it was attached to the title, so the passageway would be a permanent easement. Mr. Devine agreed to attach the agreement to the Ordinance. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew RE: HEN -KEEPING PILOT PROGRAM Lichterman stated the Village Board approved a pilot program last year. Staff is recommending amending the pilot program and making it permanent allowing any resident meeting the criteria to participate. Mr. Lichterman indicated staff has not observed any adverse consequences from the program and has not received negative feedback from residents. He noted the Village received one phone call at the onset of the program. Trustee Farkas asked whether the Ordinance needed to be tweaked. Mr. Lichterman indicated the applicants did not have any issues with the initial requirements. Barbara Solheim, 654 Warwick, thanked the Board for considering the program. She participated in the pilot program and has not had any issues with predators, noise or smell. Trustee Benton asked if the cold weather has had an adverse affect on the hens. Ms. Solheim stated most winters are not an issue; however, this winter they are putting up wind guards. Trustee Seiden was initially against the Ordinance, as he would not want hens next to his home. He recognizes that the five people that have hens in the Village have taken care of their hens very well. He expressed concern about opening the program up to everyone, as they may not be as conscientious as the initial five. Trustee Seiden suggested making this a Special Use for new applicants. Mayor Rosenthal noted the Village has strict regulations on how the hens need to be kept and there will be inspections. Trustee Farkas indicated the pilot program worked well and Board of Trustees Meeting February 2, 2014 Page 3 of 6 he does not see any reason to add additional restrictions. Mayor Rosenthal believes the inspection fee should be raised from recommended amount of $15 to $25, to cover the Village's inspection costs. Trustee Farkas moved to accept the report and recommendation of staff with the revised fees. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler (4) NAYS: Seiden (1) CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE 0-14-02 APPROVING A An Ordinance approving a rear yard setback for the REAR YARD SETBACK FOR 170 property located at 170 Sequoia Lane. Second SEQUOIA LANE — 2R Reading. Trustee Seiden moved to adopt the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) ORDINANCE 0-14-03 AUTHORIZING A An Ordinance authorizing a Text Amendment and TEXT AMENDMENT AND A SPECIAL a Special Use for a dry cleaner to be established at USE FOR A DRY CLEANER TO BE 190 N. Waukegan Road for CD One -Price Cleaners ESTABLISHED AT 190 N. WAUKEGAN and Heritage Properties. Second Reading. ROAD (CD One -Price Cleaners) -2R Mayor Rosenthal reported the Village received a number of letters and she and the Trustees have read them. She reminded residents and business owners that this is a zoning issue. The Board is looking at a Text Amendment to add an additional 250 square feet to what is currently allowed in the C-2 district. Greg Wilson, 115 Prairie Park Drive, Wheeling, has been working with a group of local dry cleaners that provided a letter delivered this afternoon expressing their opposition to granting the additional 250 square feet for CD One -Price Cleaners. The dry cleaners are prepared to meet the economic threat posed by CD One -Price Cleaners; however they believe the text amendment giving them 250 square feet of extra space is unfair. CD One -Price Cleaners plans for this store to do $1 million in business. They ask that the fight be on a level playing field in terms of space. Mr. Wilson noted there is no definition of a green dry cleaner. The closest thing to a green dry cleaner is defined by green solvents. None of the dry cleaners, including CD One -Price Cleaners, utilize green solvents, but most do not use perc. Board of Trustees Meeting February 2, 2014 Page 4 of 6 Margaret Kwon, 750 Osterman, believes there are three issues with this petition. The first issue is zoning. At the January 21, 2014, Board Meeting, Mr. Coblentz stated zoning cannot be used to create an unfair business advantage. Therefore, Ms. Kwon does not believe CD One -Price Cleaners should be given a 250 square feet advantage. In the dry cleaning business, 250 square feet allows for extra machines which create faster service and more storage (to purchase supplies in bulk). It also allows a 24 hour drop off bin. The competitive advantage that 250 square feet would provide CD One -Price Cleaners is significant. According to the CD One -Price Cleaners website, smaller dry cleaners cannot compete with CD One -Price Cleaners because their stores are not large enough. They want a 3,000 square foot store because it gives them an advantage over smaller stores in Deerfield. She requested the Trustees not use zoning to provide CD One - Price Cleaners with an unfair advantage. Ms. Kwon's second issue is environmental. CD One -Price Cleaners uses the same hydrocarbon technology as many of Deerfield's existing dry cleaners. CD One -Price Cleaners stated Deerfield's existing dry cleaners use perc. The Plan Commission referred to CD One -Price Cleaners as a green dry cleaner; however, they operate the same as Osterman Cleaners and many other dry cleaners in Deerfield. CD One -Price Cleaners does not use any of the State -approved green solvents; therefore, they are not a green cleaner. They are no more environmentally friendly than the other dry cleaners in Deerfield. They will be using technology that other dry cleaners in Deerfield have used for the past 12 years. Ms. Kwon's third issue is the economic impact on the community. Several members of the Board stated there would be no substantial impact to the other dry cleaners in the community. While she wishes that were true, she respectfully disagrees. CD One -Price Cleaners' model is based on consolidating the business. The reality is that businesses are widely impacted when a large business comes into town. There are seven dry cleaners in Deerfield today. These businesses do not oppose competition; rather, they oppose a dry cleaner with a significant advantage over their businesses. Trustee Jester noted all but one dry cleaner is Deerfield is 2,000 square feet or less. One dry cleaner was granted an increased to be 2,750. Trustee Jester questioned why that dry cleaner did not have an impact on the other businesses. Ms. Kwon noted Zengeler Cleaners does not operate a plant on premise. They have a solo, free-standing store front building that requires extra space. The other dry cleaners are embedded within existing store fronts. Trustee Jester questioned whether the other six stores were unable to get additional space. Mayor Rosenthal noted Zengeler Cleaners is in C-2 district. The other six dry cleaners are located in C-1 district. Trustee Benton noted CD One -Price Cleaners will be located within an existing store front. They did not ask for additional space to add on to the building; rather, the building is already that size. Ms. Kwon noted the Board could deny the request. Trustee Benton noted that when CD One -Price Cleaners found the building, they did not say they wanted 250 square feet less than what they have. Mayor Rosenthal noted dry cleaners located in the C-1 district would need a Special Use if they wanted to be larger than 2,000 square feet. The C-2 zoning district requires a Special Use for dry cleaners larger than 2,750 square feet. Board of Trustees Meeting February 2, 2014 Page 5 of 6 Trustee Nadler noted the Board's job is to look at the criteria for a Special Use and to determine whether the criteria are being met. The only criterion that could be questioned is whether the proposed business could be detrimental to the health and welfare of the public or any other property. Mayor Rosenthal noted they also asked for a text amendment, so the Board has to weigh that as well. Reverend Thomas Kim, 410 West Ivy Lane, Arlington Heights, expressed concern on behalf of the owner and operator of Merit Dry Cleaner for more than 20 years. He believes good stores, like the family owned dry cleaners, help make a community better. A good community invites good, family owned stores. Heidi Park, 83 W. Schaumburg Road, Schaumburg, is the Executive Director of the National Dry Cleaners Institute. She stated that hydrocarbon is not a green cleaner. Many dry cleaners switched to hydrocarbon or newer generation products that protect the environment. Her members are inspected annually to ensure there are no leaks or spills. It is very important to note that in 2009, 75 percent of dry cleaners struggled to pay rent. She currently receives 10 — 15 letters from businesses per week that are being forced close. CD One -Price Cleaners is killing the communities by eliminating the mom and pop dry cleaners. Trustee Farkas questioned if any CD One -Price Cleaners are a member of Ms. Park's organization. Ms. Park noted CD One -Price Cleaners does not participate in any of the funding organizations. Michael Corrao, 2205 Enterprise, Westchester, is the Chief Operating Officer of CD One -Price Cleaners. He noted they are not in competition to be greener than the existing dry cleaners. They are not a green dry cleaner. Since they are on the edge of Deerfield, they feel they will draw business from people outside of Deerfield, as well. Looking at the amount of dry cleaning available within Deerfield is a misnomer. They would bring a choice to the residents; a choice of service and price. Given the welfare of the population, they should have the choice on who provides the best experience. Trustee Seiden does not think the Village should require CD One -Price Cleaners to be a green cleaner in the Ordinance. He questioned if there are any other ways the Village can state the definition without calling it "green". Mayor Rosenthal noted the Village could define the phrase more environmentally friendly. Mr. Coblentz noted the basic definition is to divide the line between dry cleaners that use perc versus those that do not. The Village will not allow new dry cleaners that come into the Village use perc. This was a way to define that line. The Board can change the name, but it would still be the same. Trustee Jester moved to adopt the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) Board of Trustees Meeting February 2, 2014 Page 6 of 6 NEW BUSINESS RESOLUTION R-14-03 AUTHORIZING A Resolution authorizing the execution of an THE EXECUTION OF AN AGREEMENT agreement to provide concession services at the TO PROVIDE CONCESSION SERVICES Deerfield Metra station. Mr. Lichterman stated AT THE DEERFIELD TRAIN STATION Manuel and Mary Becerra have been doing business as Marsal News at the Deerfield Metra station for the past three years. They are requesting a five year extension of their agreement and want to remove Mary's name and add their son Charlie Becerra to the agreement. Trustees Benton and Farkas praised the Becerra family for their wonderful service. Trustee Benton moved to accept the Resolution. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) DISCUSSION NEXT MEETING Trustee Benton noted the next regular meeting of the Board of Trustees would take place on Tuesday, February 18, 2014, in observance of the President's Day holiday. LAKE COUNTY LEADERSHIP SUMMIT Mayor Rosenthal attended the Lake County Leadership Summit hosted by County Board Chairperson Aaron Lawlor. They discussed how to work together to help each other for economic development, bidding and shared services. NORTHWEST MUNICIPAL Mayor Rosenthal thanked Trustees Benton, Seiden CONFERENCE BRUNCH and Struthers for attending the Northwest Municipal Conference brunch with her. ADJOURNMENT There being no further business or discussion, Trustee Farkas moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:38 p.m. APPROVED: -,�--- n (�a�-�' Mayor ATTEST: Village Clerk