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04/06/2015April 6, 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 April 6, 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 Mayor Rosenthal led those in attendance in reciting the Pledge of Allegiance. PROCLAMATION — NATIONAL Mayor Rosenthal proclaimed the week of April 12 - TELECOMMUNICATIONS WEEK April 18, 2015, as National Telecommunications Week in the Village of Deerfield. The Village relies on these professionals 24 hours a day. They do a wonderful job for the Village. Trustee Seiden moved to accept the Proclamation. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Mayor Rosenthal presented the Proclamation to Telecommunicators Carolyn Bunnel and Joe Heitz. Ms. Bunnell thanked the Village for all of their support on behalf of the entire department. PROCLAMATION — FAIR HOUSING Mayor Rosenthal proclaimed the month of April, MONTH 2015, as Fair Housing Month in the Village of Deerfield. She urged all residents to practice fair housing practices throughout the country. Trustee Benton moved to accept the Proclamation. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. PROCLAMATION — BREATHE DEEP Mayor Rosenthal read a Proclamation in support of NORTH SHORE Breathe Deep North Shore. Lung cancer can afflict anyone regardless of whether they smoked or not. Breathe Deep North Shore unites the North Shore community. The Lungevity Foundation has a mission to have an immediate impact to support the quality of life and provides community Board of Trustees Meeting April 6, 2015 Page 2 of 8 support and education. Breathe Deep North Shore honors the memory of several former residents that lost their fight against lung cancer. Trustee Farkas moved to accept the Proclamation. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Sue Bersh accepted the Proclamation. She is proud to be an event coordinator of Breathe Deep North Shore. She invited residents to support Breathe Deep North Shore Day on April 26, 2015, at Deerfield High School. Cindy Schwartz stated residents are invited to tie white ribbon around trees this week to show their support. She thanked the Village for their support. MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from the March 16, 2015, Board of Trustees meeting. Trustee Struthers seconded the motion. Trustee Struthers made a correction. The motion passed unanimously on a voice vote. TREASURER'S REPORT Eric Burk presented highlights from the Treasurer's Report representing the month of February 2015. He noted the non -home rule sales tax was consistent with the same period over the past two years. It was higher than the past two years. The hotel tax for February increased due to the late January payment. Electric utility tax is slightly down. The February state income tax payment was received in January. Building permit revenue is lagging from last year, which was an extraordinary year. Overall, the operating expenditures are below projections, primarily due to timing issues. There were some large expenditures this month. Mayor Rosenthal asked if staff has looked at the budget due to the Governor's suggested cuts. Mr. Burk explained he is looking at the budget with the Village Manager. BILLS AND PAYROLL Trustee Struthers moved to approve the bills and payroll dated April 6, 2015. Trustee Nadler seconded the motion. Trustee Jester noted there was a $40 expenditure on pizza due to a water main break and acknowledged the hard work and long hours of the public works staff to complete this task . The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Marvin Kayne, a long-time resident, expressed concern about a receiving solicitations from utility companies. He noted the information is very confusing and asked the Village to continue to look into programs that offer resident's savings.. Mayor Rosenthal stated the Village entered into an agreement with MC Squared three years ago. The contract is ending and the Village is looking into another provider. The Village is also looking into another provider for gas, but she does not Board of Trustees Meeting April 6, 2015 Page 3 of 8 have a definitive answer at this time. Mayor Rosenthal noted the Village will notify residents regarding any changes. Mr. Kayne thanked the Village for their good work. REPORTS REPORT AND RECOMMENDATION Management Analyst David Fitzgerald reported FROM STAFF RE: REQUEST FROM Residence Inn has requested a standard hotel liquor RESIDENCE INN FOR A CLASS G license. They currently do not have a liquor license. LIQUOR LICENSE , Trustee Farkas moved to accept the report and recommendation of staff. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION OF THE BOARD OF ZONING APPEALS RE: REQUEST FOR A VARIATION FROM THE ZONING ORDINANCE AT 1152 CHESTNUT AVENUE FOR RELIEF FROM REAR YARD COVERAGE MAXIMUM AND SIDE The Board of Zoning Appeals held a Public Hearing on March 3, 2015, to consider the request for a variation from the Zoning Ordinance for the property located at 1152 Chestnut Avenue. The Board of Zoning Appeals voted 5-0 in favor of the request. YARD Trustee Jester moved to accept the report and recommendation of the Board of Zoning Appeals. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION OF THE BOARD OF ZONING APPEALS RE: REQUEST FOR A VARIATION FROM THE ZONING ORDINANCE AT 829 CEDAR TERRACE TO PERMIT A ONE-STORY ADDITION TO AN EXISTING DETACHED GARAGE IN THE REAR YARD Mr. Street reported the Board of Zoning Appeals held a Public Hearing on March 3, 2015, to consider the request for a variation from the Zoning Ordinance for the property located at 829 Cedar Terrace to permit a one-story addition to an existing detached garage in the rear yard. The Board of Zoning Appeals voted 5-0 in favor of the request. Trustee Farkas moved to accept the report and recommendation of the Board of Zoning Appeals. Trustee Struthers seconded the motion. Trustee Struthers noted there is a lot of impervious surface in the back yard and indicated the petitioner would have to take care of the drainage. Petitioner Dan Ziemba stated he would comply with the maintenance requests made by the Village. Board of Trustees Meeting April 6, 2015 Page 4of8 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 Plan Commission held a OF THE PLAN COMMISSION RE: Public Hearing on February 26, 2015, to consider REQUEST FOR A RESUBDIVISION OF the request for a resubdivision of property at 1555 THE PROPERTY AT 1555 WILMOT Wilmot Road into three lots. The lots would be ROAD INTO THREE LOTS (MICHAEL conforming. The request includes a waiver from STONE GROUP AND TERRY FRANKS) the Sidewalk Code. The Plan Commission voted 7-0 in favor of the request. Ryan Johnstone, 316 Landis Lane, stated the property currently has two lots. They are looking to create a third lot; the two interior lots would be 75 feet by 150 feet and the corner lot would be 100 feet by 150 feet. Trustee Nadler asked if the petitioners would have any flexibility to increase the setback and decrease the size, to minimize the impact to neighbors. If constructed as proposed, there would be an 8 foot setback instead of the existing 25 foot setback. Mr. Johnston stated that the current house is on an angle and faces North Avenue. The three houses would face North Avenue and would be further from the existing neighbors. Trustee Struthers noted a neighbor commented that they will have a house rather than a backyard next to them. Mr. Johnston stated there is a 40 foot setback off Wilmot. Trustee Nadler asked if the petitioner was willing give up 10 feet on the 100 -foot lot, as a courtesy to the neighbors. Mr. Johnston noted it would depend on the house that is proposed for the lot. Mayor Rosenthal asked if the configuration could be changed before a house is proposed. Mr. Johnston would prefer not to make a change as they want to stay as far from Wilmot Road as possible. Gary Hoefler, 1549 Wilmot Road, expressed his utter distain for this project. He is a 37 year resident of Deerfield. Mr. Hoefler believes the project is too big for the property. All of the homes are situated east -west. The proposed project would turn things around, and the houses would run north -south instead of east -west. Mr. Hoefler expressed concern because this would cause water to run directly into his property. The three houses will be close to the property. Mayor Rosenthal stated the Village engineers would look into the water flow. Trustee Struthers stated they would have to build in drainage. The Village Ordinance states they cannot make the water worse. Mr. Hoefler said he would look out to a fortress of homes if they are changed to north -south. Mr. Hoefler does not believe progress should affect the Village negatively. They should build something that keeps with the feel of the neighborhood. Terry Franke stated his family has been in Deerfield for 67 years. His father was the Village attorney for many years. When his parents bought the property 32 years ago, his father said the property could be developed into three lots that met the Zoning requirements. Mr. Franke is a Board of Trustees Meeting April 6, 2015 Page 5 of 8 real estate broker. They want the property to be developed in the right way and he thinks the proposal makes sense. Mr. Franke noted the property has not yet been sold. Marc Brown, 1557 Oakwood, encouraged the Board to take a close look at the property. It is a gateway to Deerfield. Mr. Brown cannot understand how developing three houses on the site would look nice but believes the Plan Commission did their job. David Katz, 1568 Oakwood, would like a further setback. The property is very wet. There is a massive amount of pooled water in that area. This proposal would only make the matter worse. Doug White is the petitioner's engineer. He stated there are no downspouts onsite. The water rushes to Wilmot Road. They are proposing a storm sewer as well as detention that would collect the water runoff. They intend to improve the drainage on the property. The 40' setback and trees would remain so the gateway of Deerfield would remain. Trustee Struthers noted there is a lot of buckthorn. She would like to see the area improved. Mr. Johnstone stated they design around the existing landscaping and try to save as much as they can. Initially, they want to keep the buckthorn intact for privacy. Some of the deadwood would be cleared out and would look better. Mayor Rosenthal requested Attorney Coblentz to advise on the level of discretion afforded to the Board when the lots are conforming. Attorney Coblentz noted that approving the division of land is different than approving rezoning or a variance. There is less discretion. If the standards are met, the division should be approved. Trustee Nadler questioned if there is any history of the Village changing the front yard setback if the developer was cooperative with the side setback. Mr. Coblentz is not aware of that type of variation. Trustee Nadler noted the proposal clearly changes the character of the property. The neighbor to the east probably did not imagine a house could be 8 feet from their property. Mr. Street noted the Village has a front yard averaging rule. Trustee Nadler would like to consider giving leeway from the 40 foot setback for additional side yard setback. Trustee Farkas does not understand why the Village is not requiring sidewalks. Trustee Struthers would like to see a curb. Trustee Farkas suggested requiring a deposit for future sidewalks. Mr. Coblentz noted that would be covered in a subdivision agreement. Trustee Benton noted there would be an examination of the drainage both during construction and after construction. The developer will be responsible to ensure the drainage is not worse than the current drainage. Trustee Benton moved to accept the report and recommendation of 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) REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew OF THE CABLE AND Lichterman stated the Cable and TELECOMMUNICATIONS Telecommunications Commission has reviewed the Board of Trustees Meeting April 6, 2015 Page 6 of 8 COMMISSION RE: PUBLIC ACCESS current cable broadcasting options and recommend TELEVISION consolidating the three public access stations into one. The Village would no longer utilize the studio and services provided by the Village of Highland Park and save money. The Village would allocate two hours for public access. Trustee Farkas stated part of the reason the studio is not being used is that people have easy ways to create content. He noted this will be a huge financial savings for the Village. Trustee Farkas moved to accept the report and recommendation of the Cable and Telecommunications Commission. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE 0-15-11 AMENDING THE An Ordinance amending the Zoning Code and the ZONING CODE AND THE MUNICIPAL Municipal Code to authorize medical cannabis CODE TO AUTHORIZE MEDICAL distribution facilities as a Special Use. Second CANNABIS DISTRIBUTION Reading. Mr. Lichterman stated the changes FACILITIES AS A SPECIAL USE - 2R were made to comply with State confidentiality requirements. The age restrictions were changed to be remain consistent with any future changes to State law. Trustee Farkas noted that he would vote no because the Village ordinance puts in greater restrictions than is required in the State law and does not believe this is necessary. Trustee Seiden noted he is uncomfortable voting for this ordinance since cannabis is still illegal by federal law. Trustee Jester moved to adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Struthers (4) NAYS: Farkas (1) ABSTAIN: Seiden (1) Board of Trustees Meeting April 6, 2015 Page 7 of 8 NEW BUSINESS RESOLUTION R-15-07 A Resolution reallocating the 2015 volume cap to REALLOCATING THE 2015 VOLUME the Village of Buffalo Grove. Mr. Fitzgerald CAP TO THE VILLAGE OF indicated this is the annual request from Lake BUFFALO GROVE County Partners. Trustee Struthers moved to adopt the Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD Assistant Director of Public Works and CONTRACT SUPPLEMENT FOR Engineering Bob Phillips explained the scope of DEERFIELD ROAD DESIGN work has increased over the past year. The scope ENGINEERING now includes the underpass through the Village limits to the east to Highland Park. The proposal and contract that were originally executed for Phase 11 Engineering in the amount of $529,985.70 will need to be revised with an added amount of $150,572.84. Trustee Farkas moved to award the contract for Deerfield Road supplemental design engineering to Christopher B. Burke Engineering Ltd. in an amount not to exceed $150,572.84. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) RESOLUTION R-15-08 ADOPTING A Mr. Burk stated the Governmental Accounting FUNDING POLICY FOR THE Standards Board statement requires the Village to VILLAGE'S POLICE PENSION FUND have a formal pension funding policy. The policy formalizes the Village's current practices. The Village auditor and actuary reviewed the policy and it complies with the current practices. Mr. Burk noted the police pension fund is 77% funded on an actuarial basis and 80% on a market value. Trustee Farkas moved to adopt the Resolution. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DISCUSSION Board of Trustees Meeting April 6, 2015 Page 8 of 8 STATEMENT OF ECONOMIC Trustee Farkas explained he recently completed INTEREST the Statement of Economic Interest, which is required by the State. It bothers him that this document is unintelligible and believes it is atrocious that people can hide behind the awful language on the form. Trustee Farkas hopes the Village can send a request to the legislature to improve the form. NORTHWEST MUNICIPAL LEAGUE Mayor Rosenthal was in Springfield on March 17 and March 18 with the Northwest Municipal Conference. They met with leadership in Springfield and plead their case for the local government distributive fund. The next budget will begin in July and legislators will work on it when they get back. The Village will monitor it very closely and will take action to protect Deerfield residents. LAKE COUNTY VISITORS BUREAU Mr. Street and Mr. Lichterman met with representatives from the Lake County Visitors Bureau. They provided information on the number of hotel rooms they filled this year. The number is up. YOUTH APPRECIATION NIGHT Trustee Seiden attended Youth Appreciation Night. He noted it was very well done. COMMUNITY THE ANTI-DRUG Mayor Rosenthal and Mr. Street are part of Community, The Anti -Drug and have attended several meetings. ELECTION DAY Tomorrow is election day. Village Hall is a polling place in the Village. Mayor Rosenthal urged residents to vote. ADJOURNMENT There being no further business or discussion, Trustee Nadler moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:00 PM. APPROVED: Mayor ATTEST: Village Cler