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03/02/2015March 2, 2015 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on March 2, 2015 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 Administrative Intern Sam Barghi led those in attendance in reciting the Pledge of Allegiance. DONALD E. GEHRIG MEMORIAL Deputy Chief Tom Keene presented the Donald E. AWARD PRESENTATION Gehrig Memorial Award to Sergeant Oliver Cachola. The award recognizes an officer or civilian employee for outstanding police service. Sgt. Cachola served in Operation Iraqi Freedom and has raised awareness for homeless and displaced veterans in Lake County. He has been an active participant in several charitable organizations for the Village. Sergeant Cachola thanked his family, the Village, Police Department and Board of Police Commissioners for their support. MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from the February 17, 2015, Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote. TREASURER'S REPORT Eric Burk presented highlights from the Treasurer's Report representing the month of January, or 8% of the fiscal year. The sales tax net of the Walgreens rebate increased over last year. Water and sewer billing decreased. Building permit revenue is consistent with last month and increased over the same period last year. BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and Payroll dated March 2, 2015. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Nadler, Seiden, Struthers (5) NAYS: None (0) ABSTAIN: Jester (1) Board of Trustees Meeting March 2, 2015 Page 2 of 6 PUBLIC COMMENT Alex Epstein, 935 Walnut Street, is an 18 year resident of the Village. At the next Board meeting, there will be a recommendation from the Plan Commission regarding the property at 824 and 826 Chestnut. Mr. Epstein indicated the adjacent property owners unanimously oppose the development. There are too many buildings on too small of a lot and there are too many variances. Mr. Epstein asked the Board to support the existing zoning codes and not grant the requested variances. He does not believe a development of this size should be developed on the parcel. Mr. Epstein questioned why a traffic study was not performed. He proposed compromises with the builder on the density and setbacks, but the builder was not interested. He invited the Board to come to his house to see the impact the proposed development would have on him and his neighbors. CONSENT AGENDA ORDINANCE AMENDING AND REVISING THE ANNUAL BUDGET OF THE VILLAGE OF DEERFIELD FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 RE: POLICE COMPUTER SOFTWARE — 1R An Ordinance amending and revising the annual budget of the Village of Deerfield for the fiscal year beginning January 1, 2015, and ending December 31, 2015, regarding police computer software. First Reading. Mayor Rosenthal indicated this would stand as the first reading of the Ordinance. OLD BUSINESS ORDINANCE AUTHORIZING An Ordinance authorizing the demolition of a non - DEMOLITION OF NON -CONFORMING conforming structure beyond 50 percent of the STRUCTURE BEYOND 50 PERCENT OF replacement value for the property located at 1190 REPLACEMENT VALUE — 1109 Central Avenue. First Reading. Mayor Rosenthal CENTRAL AVENUE — 1 R received a request to waive the first reading of the Ordinance. Trustee Farkas did not want to grant a waiver due to the concerns that have been raised. This will stand as a first reading of the Ordinance. ORDINANCE AUTHORIZING An Ordinance authorizing approval to proceed with APPROVAL TO PROCEED WITH A a planned improvement for the property located at PLANNED IMPROVEMENT — 501 501 Longfellow Avenue. First reading. Trustee LONGFELLOW AVENUE — 1R Struthers moved to waive the first reading of the Ordinance. 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 March 2, 2015 Page 3 of 6 Trustee Farkas moved to adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE AUTHORIZING RELIEF An Ordinance authorizing relief from the FROM ESTABLISHED FRONT established front setback of 50 feet in lieu of 58 SETBACK OF 50 FOOT IN LIEU OF 58 feet for the property located at 1346 Stratford FOOT — 1346 STRATFORD ROAD — 1 R Road. First reading. Mayor Rosenthal indicated this would stand as a first reading of the Ordinance. ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HOBBY LOBBY RETAIL STORE OVER 30,000 SQUARE FEET IN AREA AND AN AMENDMENT TO THE DEERBROOK SHOPPING CENTER COMMERCIAL An Ordinance authorizing a Special Use to permit the establishment of a Hobby Lobby retail store over 30,000 square feet in area and an Amendment to the Deerbrook Shopping Center Commercial Planned Unit Development in the former Best Buy space. Second reading. PLANNED UNIT DEVELOPMENT Trustee Farkas moved to adopt the Ordinance. (FORMER BEST BUY SPACE) — 2R Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORTS REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew OF STAFF RE: MEDICAL CANNABIS Lichterman reported that last year the Board CENTERS AND DISTRIBUTION considered a report and recommendation from the FACILITIES Plan Commission regarding medical cannabis distribution facilities and cultivation centers. The State awarded dispensary licenses and the Village has authority to adopt reasonable zoning requirements in addition to the State's requirements. The State dispensary application is included with the report. He noted that based on the State's regulations only distribution facilities would be permitted and cultivation centers would be prohibited. Upon acceptance of report, staff will work with Village attorney on a Text Amendment to the Zoning Ordinance. Trustee Farkas stated his law office has represented some applicants and the materials submitted to the State are very thorough. Trustee Farkas stated he does not believe the Village needs to add a 500 foot buffer around parks and the additional buffer sends the wrong message that Deerfield is less tolerant than the State. Trustee Nadler believes the Village's additional 500 foot buffer Board of Trustees Meeting March 2, 2015 Page 4 of 6 around parks is consistent with the State restrictions as it serves to keep the distribution facilities from children's activities. Trustee Struthers does not believe dispensaries should be located anywhere near parks, schools or daycare centers. Mayor Rosenthal stated we teach our children to just say "no" to drugs, but the Village cannot say "no" to this. She noted that if the Village does not institute its own regulations then it will default to the current State regulations. Mayor Rosenthal expressed a couple concerns; the State may still change its own regulations and may increase the distance from schools from 1000 feet to 1500 feet. She wants to ensure the Special Use has very specific regulations for the security of the dumpsters and loading docks. Other issues include the way the State has divided the districts. Deerfield is split between two counties. Mayor Rosenthal does not want one dispensary in the Cook County portion of Deerfield and one in the Lake County portion of Deerfield. She has requested the Special Use Regulations provide state there could be only be one dispensary in Deerfield. Mr. Coblentz stated the Village cannot unreasonably zone medical cannabis dispensaries and the regulations need to be consistent with the law. The State indicated the dispensaries will be dispersed throughout the State. He advised the Mayor that restricting the number of dispensing facilities to one would be a reasonable zoning regulation consistent with State law, as the State intended for the dispensaries to be spread out geographically. Trustee Benton looked at operational standards and believes there is a conflict with operation standard ten. There is a need for medical cannabis, but the standard states people under 18 could not be on the premises. There are some children suffering from MS and epilepsy that could use medical marijuana but would not be able to be on premise. Trustee Benton believes this needs to be modified or dropped. Mayor Rosenthal stated it has not been licensed for use by anyone under 18 at this point. Trustee Struthers noted that is still under discussion by the State. Trustee Seiden expressed concern because the Federal government does not permit the sale of marijuana and dispensaries cannot deposit cash in national banks. He does not understand how he could vote on this. Trustee Nadler noted this was passed by the State and the Village now has to vote on how to zone the dispensaries. Trustee Seiden questioned whether the Village stands by Federal law or State law. He has never seen State law trump Federal law. Mayor Rosenthal believes the Village needs to focus on the issue of land use and determine where it would be most appropriate in the Village. Mr. Lichterman noted there is some assurance that the U.S Department of Justice stated they would not pursue prosecution of dispensaries or cultivation centers that are operating in compliance with State law. Mayor Rosenthal noted the Village does not have a lot of choice and needs to determine how the Ordinance should read. Trustee Farkas believes there is room to make a choice about the age issue and a drive-thru window. Parents cannot leave children in an unattended vehicle. A drive- thru will not enhance the number of users. Mayor Rosenthal is not in favor of a drive-thru. Trustee Struthers believes dispensaries need to be handicapped accessible with reasonable parking. Mr. Lichterman will work with the Village attorney to prepare an Ordinance. Trustee Board of Trustees Meeting March 2, 2015 Page 5 of 6 Benton moved to accept the report and recommendation of staff and the Plan Commission. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS RESOLUTION SUPPORTING Mayor Rosenthal indicated this is a Resolution THE NORTHWEST MUNICIPAL urging the Governor and General Assembly to CONFERENCE 2015 LEGLISLATIVE protect the local government distributive PROGRAM funds. Mayor Rosenthal noted that Governor Rauner's budget proposal includes a 50 percent reduction in the amount of income tax dollars going to local governments, which would be approximately $900,000 in Deerfield. The cut would be done by population rather than the amount of income tax paid in the Village. Mayor Rosenthal believes the Governor should realize he cannot balance his budget on the backs of municipalities. Deerfield operates well and has a AAA bond rating. Trustee Farkas stated the money comes from taxes paid by Village residents and it is supposed to be spent locally, which is the reason the local government distributive fund was created in the first place. Trustee Struthers noted the Mayor and Board go through the budget line by line every year and eliminate costs where possible. The State has not done that. She thinks this resolution is very appropriate. Trustee Struthers moved to approve the Resolution. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Mayor Rosenthal will go to Springfield for Legislative Days and will meet with the different Representatives and Senators that represent Deerfield. DISCUSSION EMERGENCY REQUEST Mr. Street stated the request to approve an emergency expenditure for a private contractor to repair a water main that was broken beyond the scope of Village equipment. Trustee Nadler moved to authorize the expenditure of $21,889 to Katco Development, Inc. Trustee Benton 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 March 2, 2015 Page 6 of 6 MEETING WITH KYLE HAVERS Mayor Rosenthal and Mr. Street met with Kyle Haevers, Governor Rauner's government affairs manager for the collar counties. They discussed some of the issues that need to be worked on with the help of the State. Mayor Rosenthal noted this is the first time someone from the Governor's office has called to meet with the Village. MEETINGS the Rotary Club. Mayor Rosenthal and Mr. Street attended meetings for Community the Anti -Drug. She also spoke at ADJOURNMENT There being no further business or discussion, Trustee Benton moved to adjourn the meeting. Trustee Farkas seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:24 p.m. APPROVED:0"C-� �- A �-` Mayor ATTEST: q 1 Village Clerk