Loading...
07/21/2014July 21, 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 July 21, 2014, at 7:30 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 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 Village Prosecutor Harold "Hal" Winer led those in attendance in reciting the Pledge of Allegiance. PRESENTATION TO VILLAGE Mayor Rosenthal recognized Mr. Winer for 50 PROSECUTOR HAL WINER FOR 50 years of service as the Village Prosecutor YEARS OF SERVICE as well as being the longest serving prosecutor in Lake County. She proclaimed July 21, 2014, as Hal Winer Day in Deerfield to thank him for his service to the community. Trustee Farkas moved to accept the Proclamation. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Chief Sliozis recognized Mr. Winer for his 50 years of service to the Village. Mr. Winer started prosecuting for the Village of Deerfield in 1963. He has also been serving as the prosecutor for Vernon Hills for 50 years. Chief Sliozis presented Mr. Winer with a Senate Recognition Lifetime Service Award on behalf of State Senator Julie Morrison. He presented a plaque from the Deerfield Police Department for Mr. Winer's service and commitment to both the department and the Village. Mr. Winer thanked the Village for the wonderful experience over the past 50 years. He stated that it has been an honor to work with the Village. Mr. Winer has been very impressed by the Village officials as they have continuously made Deerfield a wonderful place to live. He praised the police department for being the best department in Lake County. The Village Board recessed for a brief reception honoring Mr. Winer. DEPARTMENTAL OBJECTIVES Assistant to the Village Manager Andrew REPORT — ADMINISTRATION Lichterman presented highlights from the Board of Trustees Meeting July 21, 2014 Page 2 of 6 Administration Department objectives report. Mr. Lichterman indicated the contract with electric aggregation provider MC Squared will expire this year. The Village negotiated for the third year of the contract, which is a savings over the ComEd rates. Mr. Lichterman indicated the Village has had success in working with other Villages on shared services. The Village recently approved a ZipCar agreement, which was negotiated by the department. The department also negotiated a concession agreement at the Deerfield Metra Station. Staff continues to work closely with various agencies including the DBR Chamber of Commerce for business development. The pilot program for hen keeping has been expanded to a permanent program. In response to numerous requests, the Village Manager's office started the Teen Connect program to match Deerfield teens with residents needing assistance. The Village Manager's office acts as the liaison to various commissions within the Village including the Fine Arts Commission, the Family Days Commission, the Farmer's Market Committee, the Community Relations Commission and the Sustainability Commission. MINUTES OF PREVIOUS MEETINGS Trustee Struthers moved approval of the June 7, 2014, Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Trustee Farkas moved approval of the June 30, 2014, Committee of the Whole meeting. Trustee Nadler seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Farkas moved to approve the Bills and Payroll dated July 21, 2014. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT There was no Public Comment on non -agenda items. REPORTS REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission held a OF THE PLAN COMMISSION RE: Public Hearing on June 26, 2014, and voted 5-0 in REQUEST FOR A SIGN favor of recommending approval of the MODIFICATION (VARIATION) TO modification. The Appearance Review ALLOW THE NEW WALL SIGN FOR Commission held a workshop meeting on May 19, PET SUPPLIES PLUS, 9 WAUKEGAN 2014, and recommended the petitioner seek a ROAD, TO BE LOCATED ABOVE THE variation from the Plan Commission. ROOF DECK OF THE BUILDING Board of Trustees Meeting July 21, 2014 Page 3 of 6 Trustee Farkas 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) Trustee Benton thinks this is a good example of the two commissions working together on an amicable resolution. REPORT AND RECOMMENDATION RE: THE DIRECT SALE OF BAKED GOODS BY HOME KITCHEN OPERATIONS PURSUANT TO PUBLIC ACT 98-0643 Mr. Lichterman indicated the "Cupcake Act' became law on June 10, 2014. If a unit of local government desires to allow the sale of baked goods from a home kitchen, they must pass an Ordinance. He noted the Village is working with the Lake County Health Department. Trustee Struthers asked if the Village could require an initial inspection. Mr. Lichterman stated the Lake County Health Department would perform an inspection if there were an issue or a complaint, as provided in the state act. Trustee Farkas stated the law was initiated when a little girl was selling cupcakes for a charity and was prosecuted for not following the law. Trustee Farkas moved to accept the report and recommendation with a modification exempting home kitchen operations from the food dealer license requirement. Trustee Jester seconded the motion. Mr. Lichterman spoke with the Lake County Health Department and they are okay with baked goods being sold as there is little exposure to risk. Mr. Street added the Lake County Health Department is primarily concerned about health risks for non -baked goods. Mr. Coblentz wanted to ensure non -hazardous kitchen operation was defined. He would clarify that there is no requirement for a permit or license as long as a home kitchen is clearly defined in the Ordinance. The Trustees agreed with Trustee Farkas that people donating baked goods to bake sales should not need a license. Mr. Coblentz will make modifications to the proposed Ordinance. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Mr. Street reported the Board of Zoning Appeals OF BOARD OF ZONING APPEALS RE: held a Public Hearing on June 17, 2014, to consider REQUEST FOR A REDUCED CORNER the request for a reduced corner side yard setback SIDE YARD SETBACK FOR 1057 for the property located at 1057 Sheridan Ave. SHERIDAN AVENUE The Board of Zoning Appeals felt the unusually narrow lot size was the primary cause of the variation and voted 4-0 in favor of granting a variance. Board of Trustees Meeting July 21, 2014 Page 4 of 6 Trustee Seiden moved to accept the report and recommendation of the Board of Zoning Appeals. Trustee Farkas seconded the motion. Joe Handworker, 1038 Somerset, stated the proposed house is 75 feet wide on the corner of Sheridan and Somerset Avenue. There is not a 2 -story home that is 75 feet wide facing a residential street. The petitioner plans to build the driveway on one end and a deck on the other end of the property. He believes the property would not have a yard; rather, it would only have narrow strips of green space which is not in harmony with the rest of the neighborhood. Even if the petitioner stays within the 15 foot setback, a 75 -foot -wide 2 -story house is not in harmony with the rest of the neighborhood. Mr. Handworker asked the Trustees to not approve a code variance for the project. He hopes the petitioners come up with a different plan. He noted that on Saturday morning, 20 residents signed a petition stating they are not in favor of the variance. There is significant opposition to this petition and he hopes the variance will not be granted. Pam Blumenthal, 1038 Somerset, stated the proposed building is very large on a small lot with no yard. The artist's rendition makes it look like a city row house. She does not believe a variance should be granted to make the structure closer to the sidewalk. Erin Wenroad, 1044 Somerset, moved into the neighborhood in 1972. The neighborhood has always been smaller homes. She stated the proposed home is not keeping with the feel of the neighborhood. Trustee Struthers asked about the FAR and setbacks relative to the other houses in the neighborhood. Assistant Code Enforcement Officer Jeff Hansen indicated the FAR has not yet been determined but the proposed home would be less than the 3500 square feet they are permitted. He noted the proposed home is 2700 square feet. Mr. Hansen noted there is another home on Sheridan that has its side yard facing Somerset. Trustee Jester noted the homes that are facing it on Somerset would look into the side yard where there would be more depth than the front of the house. BZA Chairman Robert Speckmann noted the proposed house without the variance could be built 2 feet narrower. The Board of Zoning Appeals also looked into keeping the existing house, which would still leave the long elevation on Somerset. The side yards and rear yards are in compliance with the Ordinance. Mayor Rosenthal stated the Village does not have an appearance code in regards to homes. Instead, the Village goes by the Zoning Ordinance. She believes Mr. Handworker's concern is the length of the house, but the Board does not have any say on that. Mr. Handworker noted that since this variance does not appear to be in favor of the residents, he thinks the Board should deny it. He thinks that the petitioners, if not granted the variance, may come up with an alternate plan. Most of the neighbors would welcome development and renovation, but not this plan. He does not think an exception should be made. Trustee Seiden asked how Mr. Handworker would feel if the house were built two feet smaller within the allowed footprint. He indicated he would feel the same if the house was built smaller without the variation because he objects to the length of the house as well. Trustee Jester noted there are a number of larger houses in Deerfield. Ms. Blumenthal noted the other houses have a Board of Trustees Meeting July 21, 2014 Page 5 of 6 yard and that the 2 feet makes a difference on a 43 -foot lot. She asked that the Village not make a mistake by allowing a variance for the house to be built closer to the sidewalk. Trustee Nadler and Trustee Struthers would like to maintain the 15' setback in hopes that they design a new house. Mayor Rosenthal noted there is no guarantee the petitioner would not build the house with the 13 -foot setback. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Seiden (4) NAYS: Struthers, Nadler (2) CONSENT AGENDA RESOLUTION R-14-08 AUTHORIZING A Resolution authorizing a settlement agreement for A SETTLEMENT AGREEMENT FOR the lawsuit known as Deerfield vs. Richmond. LAWSUIT KNOWN AS DEERFIELD V. RICHMOND Trustee Farkas moved to adopt the Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) There was no Old Business. OLD BUSINESS NEW BUSINESS AUTHORIZATION TO REALLOCATE Assistant to the Public Works Director Eric FUNDS TO TREE REMOVAL AND Oscarson stated the Village has removed 250 ash STUMP GRINDING FROM TREE trees since May 1, 2014, and still needs to remove PRUNING IN AN AMOUNT NOT TO 100 additional ash trees, as the purchase order for EXCEED $37,782 $100,000 to Advanced Tree Care has been exhausted. Mr. Oscarson suggested reallocating the remainder of the tree pruning budget to pay for the removal of the additional ash trees. Trustee Farkas moved to approve the budget allocation in an amount not to exceed $37,782. Trustee Benton seconded the motion. The motion passed by the following vote: Board of Trustees Meeting July 21, 2014 Page 6 of 6 AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) TRUSTEE IN THE TOWN Trustee Seiden noted that Trustee Struthers and Trustee Benton will be available at the Farmer's Market on Saturday from 9 a.m. to noon to answer questions. ROUND TABLE DISCUSSION Mayor Rosenthal will be meeting with other area mayors and Representative Drury for a round table discussion tomorrow. ADJOURNMENT There being no further business or discussion, Trustee Benton moved to adjourn the meeting. Trustee Jester seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:00 p.m. APPROVED: Mayor ATT Village derk