Loading...
07/01/2013July 1, 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 July 1, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Tom Jester William Seiden Barbara Struthers Absent was: Alan Farkas Robert Nadler and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Former Deerfield Police Chief Pat Anderson lead those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Seiden moved approval of the minutes from the June 17, 2013 Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously. Trustee Jester moved approval of the minutes from the June 17, 2013 Committee of the Whole meeting. Trustee Struthers seconded the motion. The motion passed unanimously. MANPOWER APPOINTMENTS Mayor Rosenthal recommended the following appointments to Boards and Commissions based on recommendations from the Manpower Commission: Jill Shapiro — Fine Arts Commission Michael Butera — Family Days Commission Gloria Threats — Sustainability Commission Mark Anfenson — Police Pension Board (Reappointment) Trustee Seiden moved approval of the appointments. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) TREASURER'S REPORT Village Treasurer Eric Burk presented highlights Board of Trustees Meeting July 1, 2013 Page 2 of 11 from the Treasurer's Report representing the first month, or 12.5 percent, of the fiscal year ending December 31, 2013. He indicated everything is going well with the change in the fiscal year. The Village received property tax revenue as well as vehicle sticker sales this month. Vehicle sticker sales will increase in June. During the month of May, sales tax and home rule sales tax were down slightly against same period last year. Other revenues were up. May expenditures were up due to it being a three pay -period month. The general liability insurance and other annual fees were due in May. BILLS AND PAYROLL Trustee Struthers moved approval of the bills and Payroll dated July 1, 2013. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) PUBLIC COMMENT There was no Public Comment on non -agenda items. REPORTS REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew RE: COMMERCIAL FILMING Lichterman stated staff prepared a report in REGULATIONS response to increased concern from residents about commercial filming in neighborhoods. Staff is proposing the Village adopt commercial filming regulations. The regulations would require advance notice and activity pre -planning to minimize neighborhood disruption. There would be a $100 non-refundable permit application fee to cover the Village costs as well as a 14 -day advance notice. Notice would be provided to neighbors within a certain boundary of the filming location. The neighbors would not have veto power. Mayor Rosenthal asked if the proposed regulations include a limit in the number of filming dates. Village Manager Street indicated staff wanted to give the Board options. He noted there has been repetitive use of certain properties, which inconveniences the neighbors. Trustee Struthers questioned whether $100 was high enough. Mr. Lichterman stated it would cover the cost to review the application and there are additional fees related to the use of Village personnel and public disruptions. Mayor Rosenthal noted it is amendable in the future. Trustee Struthers moved acceptance of the report. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) REPORT AND RECOMMENDATION Village Manager Street reported the Plan OF THE PLAN COMMISSION RE: Commission held a Public Hearing on June 13, REQUEST FOR AN AMENDMENT TO request for an amendment to the Special Use and Board of Trustees Meeting July 1, 2013 Page 3 of 11 THE SPECIAL USE AND AMENDMENT 2013, to consider the an Amendment to the PUD for TO THE PUD FOR THE SACHS the Sachs Recreation Center to allow changes to the RECREATION CENTER TO ALLOW south entry. The Plan Commission voted 6-0 in CHANGES TO THE SOUTH ENTRY favor of the requests. Trustee Struthers questioned whether the drainage would be improved. Jay Zahn, Director of Park Services for the Deerfield Park District, indicated the drainage would be improved. Mayor Rosenthal believes this is a very nice improvement. Trustee Jester asked about the slippery area near the handicapped parking. Mr. Zahn noted they have not proposed any changes in that area. Mr. Street would contact Deerbrook. Trustee Jester moved acceptance of the report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR APPROVAL OF A CLASS B SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A YOGA STUDIO AT 710 ROBERT YORK AVENUE, UNITS F AND G The Plan Commission held a Public Hearing on June 13, 2013 to consider the request for approval of a Class B Special Use to permit the establishment of a yoga studio at 710 Robert York Avenue, units F and G. The Plan Commission voted 6-0 in favor of the request. REPORT AND RECOMMENDATION The Village Center Development Commission held OF THE VILLAGE CENTER a workshop meeting on June 5, 2013 to consider the DEVELOPMENT COMMISSION RE: request for approval of a Class B Special Use to REQUEST FOR APPROVAL OF A permit the establishment of a yoga studio at 710 CLASS B SPECIAL USE TO PERMIT Robert York Avenue, units F and G. The Village THE ESTABLISHMENT OF A YOGA Center Development Commission voted 6-0 in STUDIO AT 710 ROBERT YORK favor of the request. AVENUE, UNITS F AND G Trustee Seiden moved acceptance of the reports and recommendations of the Plan Commission and the Village Center Development Commission. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR A FINDING OF SUBSTANTIAL CONFORMANCE TO AMEND THE SIGNAGE PLAN FOR THE WALGREENS CORPORATE The Plan Commission held Public Hearings on May 9, 2013 and June 13, 2013 to consider the request for a finding of substantial conformance to amend the signage plan for the Walgreens corporate campus on Lake Cook Road. The Plan Commission voted 6-0 in favor of the request. Board of Trustees Meeting July 1, 2013 Page 4 of I 1 CAMPUS ON LAKE COOK ROAD Trustee Struthers confirmed there would be no new signs; rather, they would just replace the signs. Eric Freedman, Regional Development Manager at Walgreens, indicated the new signs would have the new color scheme and would replace the existing signs. Trustee Seiden moved acceptance of the report and recommendation. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE AUTHORIZING THE An Ordinance authorizing the execution of an EXECUTION OF AN ANNEXATION annexation agreement for Woodland Residences AGREEMENT FOR WOODVIEW at Parkway North. First Reading. RESIDNECES AT PARKWAY NORTH — 1 R ORDINANCE AMENDING THE An Ordinance amending the Zoning Ordinance of ZONING ORDINANCE BY ZONING the Village of Deerfield by zoning certain property CERTAIN PROPERTY AT THE at the southwest quadrant of Deerfield Road and the SOUTHWEST QUADRANT OF Tri-State Tollway upon annexation to the R-5 DEERFIELD ROAD AND THE TRI- General Residential District, approving a Special STATE TOLLWAY UPON Use for a preliminary residential PUD and ANNEXATION TO THE R-5 GENERAL approving an amendment to the Parkway North RESIDENCE DISTRICT, APPROVING A PUD. First Reading. SPECIAL USE FOR A PRELIMINARY RESIDENTIAL PUD AND APPROVING AN AMENDMENT TO THE PARKWAY NORTH PUD — 1 R Richard Klawiter, attorney with DLA Piper LLP, reported they have made incredible progress and have tightened down a lot of points since the last meeting. They agreed on all the fees and road treatments. Greg Moyer with Moyer Properties noted several questions arose at the last meeting, especially regarding parking. He presented a slightly revised plan. Mr. Moyer noted they originally provided for 390 parking spaces instead of the required 436 parking spaces. They have altered the final unit count to 248 which changes the required number of parking spaces to 431. Mr. Moyer noted they have a preferred parking plan that allows for 406 parking spaces, but they also have an alternative parking plan with 431 spaces made possible by eliminating green space at the north end of the property and addini a second row of surface parking. The covered carport parking would be provided on the 5t level of the garage as well as Board of Trustees Meeting July 1, 2013 Page 5 of 11 on the north side of the surface parking. He indicated they were unable to reach a parking agreement with the neighboring property. Mr. Moyer stated there would be one assigned parking space in the garage for each apartment on the same level as the apartment. Additional spaces will be available for lease based on demand. Therefore, Mr. Moyer believes 406 spaces will be sufficient. He indicated parking demands have decreased over the past ten years. Mayor Rosenthal asked how the number of units was reduced. Mr. Moyer noted they changed the composition to include more two-bedroom units and fewer one -bedroom units. They will now have 55% one bedroom units, eight or ten studio apartments, 45% two bedroom units and around six three-bedroom units. Trustee Seiden reported the Plan Commission recommendation included more variances than any other project in his recollection. The parking request is 15% less than what is required by the Ordinance. He does not believe 1.5 spaces per unit will be adequate. Mr. Moyer clarified they are requesting 1.74 spaces per unit. He feels this ratio is excessive as 55% of the units will be one bedroom apartments. Trustee Seiden believes the apartments are large enough to warrant more space than what is required by the Ordinance. Trustee Seiden questioned the carports on the fifth level of the parking garage. He noted that even with a carport the snow will still need to be plowed from the aisles and stored. Trustee Seiden also expressed concern about not having affordable housing in the Village. Trustee Jester noted that between this project and the AMLI development, the available affordable housing is substantial. Mr. Klawiter indicated they are proposing two options. One would comply with the parking requirement resulting in a loss of green space and a feeling by the petitioner that they will be over parked. The second is to build a little less parking and have more green space. If the Village determines the development lacks sufficient parking, they would have to add spaces, at that time. Trustee Struthers questioned how quickly parking could be added. Mr. Moyer stated they could add parking in a few months. Mr. Klawiter noted this is a rental project and it would take time for all units to become occupied. If they took a snapshot of the first 50 percent of occupancy and shared it with staff, they could determine whether additional parking would be needed. Mayor Rosenthal added that people would not rent if they found parking to be an issue. Trustee Seiden noted that the garage would lose 45 spaces when it snows. Mr. Moyer noted the parking spaces would be covered and they would plow the drive lanes. He noted half of the roof would be covered. Trustee Seiden prefers the 51h floor parking be completed covered by a roof, rather than a carport. Mr. Street reported the proposed annexation agreement terms, noting it provides for the Village to annex the property according to the approved development plans. Mayor Rosenthal believes the petitioner should continue to work with Parkway North for visitor and evening parking. Mr. Moyer indicated they approached Parkway North but and are still working towards a resolution. ORDINANCE 0-13-24 REGULATING Mr. Street reported copies of the proposed THE OWNERSHIP AND POSSESSION Ordinance were available in the lobby. Mr. Board of Trustees Meeting July 1, 2013 Page 8 of 11 website. The Ordinances are also on the Village website. The Board prides itself in transparency and hopes residents appreciate that. Mr. Rich stated residents know their rights and believes the question is whether they know their responsibilities. He believes the Board is trying to legislate morality and responsibility. Chicago has among the toughest gun laws in the country, but Father's Day weekend alone, there were many homicides. Mr. Rich believes this is a civil rights issue. He believes this Board should shut the possibility of future Boards imposing on citizens Second Amendment rights. Trustee Struthers moved to waive the First Reading of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) Trustee Struthers moved for adoption of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) Mayor Rosenthal noted this Ordinance has been reviewed twice, which is standard procedure. ORDINANCE 0-13-25 APPROVING A An Ordinance approving a variation request for the VARIATION REQUEST AT 260 property located at 260 Deerfield Road. Second DEERFIELD ROAD — 2R Reading. Trustee Jester moved approval of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Rosenthal (4) NAYS: Struthers (1) ORDINANCE 0-13-26 REZONING THE An Ordinance rezoning the property located at 780 PROPERTY AT 780 SAUNDERS ROAD Saunders Road from R -I single family residential FROM R-1 SINGLE FAMILY district to C-2 outlying commercial district, RESIDENTIAL DISTRICT TO C-2 amending the Comprehensive Plan and approving a OUTLYING COMMERCIAL DISTRICT, Special Use for a restaurant. Second Reading. AMENDING THE COMPREHENSIVE PLAN AND APPROVING A SPECIAL Trustee Seiden moved approval of the Ordinance. USE FOR A RESTAURANT — 2R Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) ORDINANCE 0-13-27 APPROVING An Ordinance approving variation requests for the Board of Trustees Meeting July 1, 2013 Page 9 of 11 VARIATION REQUESTS AT 780 property located at 780 Saunders Road to allow for SAUNDERS ROAD TO ALLOW FOR construction of a restaurant. Second Reading. CONSTRUCTION OF A RESTAURANT Trustee Struthers moved approval of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) ORDINANCE APPROVING A An Ordinance approving a variation request for the VARIATION REQUEST AT 942 FOREST property located at 942 Forest for an accessory FOR AN ACCESSORY STRUCTURE structure that would be larger than 30% of the THAT WOULD BE LARGER THAN 30% required rear yard. First Reading. OF THE REQUIRED REAR YARD — 1 R NEW BUSINESS REFERRAL OF COMMERCIAL LEASE Mr. Street indicated this was discussed at the TAX CONCEPT TO NORTHWEST Committee of the Whole meeting on May 13, 2013. MUNICIPAL CONFERENCE Due to the regional nature of the proposal, the Board felt they should refer this to the Northwest Municipal Conference. Trustee Benton believes there is a great deal of misunderstanding on the Village's position. He noted this is not something Deerfield wants to do on its own; rather, the Board wants the Northwest Municipal Conference to examine the concept. Lowell Roseman, 950 Summit Drive, is a certified property manager. He does not know why the Village wants to hurt merchants and tenants with the proposal to charge a fee to landlords. Mayor Richard J. Daley came up with this idea, and it failed. Attorneys in Chicago modified the escalation clause in leases to pass on any tax to landlords based on rental income. The proposed tax would be passed along to merchants and subsequently to their customers. He questioned why residents would buy things for more money if they can get it cheaper elsewhere. Mayor Rosenthal received a letter from Mr. Handler and the North Shore Board of Realtors and several other agencies opposing the proposed tax concept. Trustee Benton moved to refer the concept to the Northwest Municipal Conference. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) AUTHORIZATION TO REDUCE JJ Assistant Village Engineer, Bob Phillips, reported HENDERSON' S RETAINAGE FOR it is typical to retain five percent of the overall cost WASTEWATER RECLAMATION of projects until they are substantially complete. FACILITY This project was found substantially complete and Board of Trustees Meeting July 1, 2013 Page 10 of 11 the Village is now retaining two percent of the overall project cost. The remaining items are punch list items and have been resolved or they are working toward final resolution. Staff recommends the retainer be brought down to 0.8 percent or $235,000, Trustee Seiden moved to authorize the reduction in the retainer to 0.8 percent. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) ORDINANCE ESTABLISHING Mr. Lichterman reported staff is recommending PARKING RESTRICTIONS — WATER posting no parking signs to ensure only staff and TOWER ACCESS ROAD SOUTH OF utility contractors have access to the water tower. KELBURN ROAD — 1 R Property management from Coromandel agree with the recommendation. This will stand as a First Reading. ANALYSIS AND AWARD OF BID FOR Mr. Phillips reported four bids were opened on 2013 STREET REHABILITATION June 6, 2013. The low bid, in the amount of PROJECT TO A -LAMP CONCRETE $2,056,808, came from A -Lamp Concrete CONTRACTORS Contractors and is over the budget of $1.8 million. The engineer's estimate was $2 million, but included a contingency. The project included seven streets. Staff is proposing removing Hackberry Road from the project, to bring the amount down to $1.9 million. Mr. Phillips indicated the project would be funded through MFT and infrastructure replacement funds. Trustee Jester moved to award the 2013 MFT Street rehabilitation project to A -Lamp Concrete Contractors in an amount not to exceed $1.9 million. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) AUTHORIZATION TO AWARD Mr. Phillips reported that over the past 30 months, CONTRACT FOR PAVEMENT REPAIRS this area has received heavy traffic due to heavy AT THE PUBLIC WORKS STORAGE deliveries, leaf collection and snow storage. He FACILITY noted the pavement was original to the facility. Mr. The Village budgeted $75,000 for this project and is looking to utilize that money and offer it to A -Lamp Concrete Contractors at the unit pricing from the 2013 MFT Street Rehabilitation Project. Trustee Jester questioned when Hackberry Road would be completed. Mr. Phillips noted the Village has the capacity to complete Hackberry, but it is not in the budget. Therefore, Hackberry would be put off until next year. Board of Trustees Meeting July 1, 2013 Page 11 of I 1 Trustee Jester moved to waive the competitive bidding process and award the contract to A - Lamp Concrete Contractors in an amount not to exceed $75,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) DISCUSSION FAMILY DAYS Mayor Rosenthal invited residents to fireworks at Brickyard Park on July 3`d. She noted July 4`" represents the 50`" year of Family Days in the Village. There will be food, a silent auction and lots of fun. ADJOURNMENT There being no further business or discussion, Trustee Struthers made a motion to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:22 pm. APPRO ED: Mayor ATTEST: Village Clerk