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03/03/20031 1 March 3, 2003 The regular meeting of the.Board of Trustees of the Village of Deerfield was called to order by Mayor Harris in the Council Chamber of the Village Hall on Monday, March 3, 2003, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE the Pledge of Allegiance. APPROVAL OF MINUTES Kayne seconded the motion Herb Nicholson, Chairperson of the Safety Council, led those in attendance in reciting Trustee Ragona made a motion to approve the minutes of the previous meeting. Trustee The motion passed unanimously. BILLS AND PAYROLL, Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) PRESENTATION TO HERB NICHOLSON Mayor Harris presented a Certificate of Appreciation to Herb Nicholson for his service to the Village as member of the Safety Council since 1983 and its Chairperson since 2000. Mr. Nicholson is resigning the position due to his move from the area. PROCLAMATION - YOUTH APPRECIATION -Mayor Harris read a proclamation designating WEEK March 10 -16 as Youth Appreciation Week in Deerfield. He thanked the Optimist Club of Deerfield for annually sponsoring the event. Trustee Rosenthal moved for acceptance of the proclamation. Trustee Swanson seconded the motion. The motion passed unanimously. Dorothy Collins, President Elect of the Optimist Club, accepted the proclamation. PUBLIC COMMENT Marvin Ehlers was in attendance to discuss the inconvenient and dangerous conditions caused by the closing of the Lindemann property to vehicular traffic, and he urged the Village to recognize the seriousness of the problem and to move ahead quickly in its acquisition of the property. • Board of Trustees Meeting March 3, 2003 Page 2 of 8 Larry Dondanville inquired if an appraisal had been done on the Lindemann property, if an offer to purchase the property has been made, and other questions. He stated that there are rumors that the acquisition process is being intentionally delayed until after the election. Mayor Harris responded that there will be an Executive Session after the Board meeting to discuss acquisition of the Lindemann property. He noted that he met with the Chairman of Wintrust earlier today. An appraisal is underway, and there has been progress behind the scenes. Gil Antokol was in attendance to thank everyone who participated in yesterday's Blood Drive. The next Blood Drive will be held on June 19t. Mr. Antokol also announced that the Youth Council has decided to bring back Mudfest,*which be held on September 14th. Village participation is encouraged. REPORT AND RECOMMENDATION OF PLAN COMMISSION AND REPORT AND RECOMMENDATION OF VCDC RE REQUEST FOR CLASS B SPECIAL USE TO PERMIT A COMMERCIAL BANK FACILITY AT 700 OSTERMAN AVENUE, JACOBS HOMES AND CIB BANK REPORTS The Plan Commission held a public hearing on February 13th. It is their recommendation that CIB Bank's request for a Class B Special Use permit the establishment of a banking facility at 700 Osterman Avenue be approved. The motion passed 5 -0. It is also the recommendation of the VCDC that CIB Bank's request be approved. The motion passed 5 -2. John Bean, President of CIB Bank, was in attendance. He explained that CIB Bank is a commercial bank. This branch, which will be about. 1500 square feet in size, will have no ATM or drive up. Trustee Rosenthal expressed concern that this use is not in the best interest of the Village as it is not retail and will not produce sales tax revenue. Trustee Kayne agreed, stating that there were retail establishments in that location before, so it is hard to believe that others cannot be found. Trustee Ragona made a motion to accept the Report and Recommendation of the Plan Commission and the Report and Recommendation of the VCDC and to direct preparation of an ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ragona, Seiden, Swanson, Wy NAYS: Kayne, Rosenthal (2) REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR SPECIAL USE TO ALLOW A RESTAURANT IN LAKE COOK PLAZA, COOKER'S RESTAURANT Plaza Shopping Center be approved. lie (4) The Plan Commission held a public hearing on February 13th. It is their recommendation that the request of Cookers Red Hots Restaurant for approval of a special use to permit the establishment of a restaurant in Lake Cook The motion passed 5 -0. Owner Larry Stein explained that Cookers was at Deerbrook Mall for many years but has been evicted as a result of Deerbrook's renovation. They are requesting to move to neighboring Lake Cook Mall. 1 1 1 Board of Trustees Meeting March 3, 2003 Page 3 of 8 Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Swanson, Wylie (5) NAYS: None (0) (Trustee Seiden had stepped out and did not vote on this matter) REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR SIDEYARD VARIATION, hearing on February 4th to consider the request EVAN HSIEH, 1315 MEADOW of Mr. and Mrs. Evan Hseih for a variation to allow the construction of an addition to their home. The proposed addition would extend the east line of their home an additional 19' parallel to and within 6.18' of the east property line in lieu of the minimum requirement of 8' and create a combined side yard total of 16' in lieu of the 20' as specified by the Zoning Ordinance. By a vote of 4 -0 the BZA voted to approve the petitioner's request. Mr. Hseih and his contractor Andrew Benemore were in attendance to respond to questions from the Board. After a brief discussion Trustee Wylie made a motion to accept the Report and Recommendation of the BZA and to direct preparation of an ordinance. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE APPROVAL OF TEXT November 14th which was continued to January AMENDMENTS TO ZONING ORDINANCE 9th. Although the Plan Commission is in favor of encouraging recycling, it is their recommendation that, due to legal, cost, and enforcement issues, text amendments should not be made to the Zoning Ordinance regarding interior and exterior space allocations for the storage of recycling materials for all new construction and construction related'to a change in the use of a structure. The motion passed 5 -0. Noting the success of the Green Zone Recycling Program in downtown Deerfield, Trustee ,Ragona commented that it is unfortunate the proposed text amendments.could not have received approval.. He hopes the matter will be revisited at some point because developers will not take recycling into account if not required to do so. Trustee Ragona commented that one solution would be to make it a requirement that commercial haulers doing business in Deerfield offer recycling to their customers. He also noted that SWALCO is willing to work on the-Village's behalf to do reviews of plans for recycling enclosures. Some other trustees agreed that there need to be regulations in place to prevent developers from providing only the minimum provisions for recycling. Bob Benton explained that Plan Commission members found the requirements and enforcement provisions too difficult to be made mandatory. In the case of existing structures, retrofitting is both expensive and difficult. He added "that the sample ordinance the Plan Commission was given to study has not been fully endorsed be any community that has looked into it, although certain portions of it are worthwhile. Board of Trustees Meeting March 3, 2003 Page 4 of 8 After additional discussion, Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and refer it back to the Energy and Recycling Commission for further study. Trustee Ragona seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE 0 -03 -06 APPROVING An ordinance approving a special use to permit SPECIAL USE TO PERMIT A RESTAURANT a restaurant within the Lake Cook Road WITHIN THE LAKE COOK ROAD COMMUTER Commuter Station, Jimmy John's Sandwich Shop. STATION -JIMMY JOHN'S SANDWICH SHOP Second Reading. ORDINANCE 0 -03 -07 AMENDING THE An ordinance amending the Municipal Code to MUNICIPAL CODE TO PROVIDE FOR THE provide for the establishment of a Family Days ESTABLISHMENT OF A FAMILY DAYS Commission. Second Reading. COMMISSION ORDINANCE AMENDING THE MUNICIPAL An ordinance amending the Municipal Code re CODE RE DECREASE IN THE NUMBER OF decreasing the number of Police Sergeants from POLICE SERGEANTS 12 to 11. First Reading. Trustee Swanson made a motion for passage of the Consent Agenda and adoption of the ordinances. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Trustee Rosenthal commented that even though Family Days will now be an official commission under the auspices of the Village, she strongly encourages community involvement in the event. REPORTS, cont'd REPORT AND RECOMMENDATION OF After introducing the. eight members of the RESIDENTIAL REDEVELOPMENT REVIEW Residential Redevelopment Review Task Force, TASK FORCE Trustee Seiden presented the task force's Phase I recommendations. Three of the recommendations are zoning changes which will go to the Plan Commission for review if the report is accepted by the Board of Trustees. A fourth recommendation is a not a zoning matter but will require a change to the Municipal Code. (Phase II recommendations, which include such matters as historic home preservation, corner lot considerations, impervious surfaces and tree preservation, will be addressed at a later date.) The Zoning recommendations are: • Building Height - The Task Force recommendation is to change the formula for computing maximum building height. Their proposed method is to measure from the grade of the front of the property prior to demolition to the ridge of the new house, for a maximum height of 35'. • Overall building size (floor area ratio) - The floor area ratio (FAR) is a ratio of the total floor area of the house divided by the total area of the lot. Though many other Villages use a floor area ratio to determine the We ® Board of Trustees Meeting March 3, 2003 Page 5 of 8 allowable house size, Deerfield currently does not. The Task Force recommends establishing a FAR of .4, with the exception of "substandard" lots (less than 9000 square feet), on which a house of up to 3,500 square foot house may be built. • Side Yard Setback Plane - to alleviate the "canyon effect" caused by a very tall house, the Task Force is proposing a setback plane. This is calculated by extending a plane upward 90° from the side lot property lines to a height of 11'. At these points, extend planes at 45° angles toward the interior of the lot to a height of 35'. A proposed home must fit within the resulting trapezoid. The Phase I non - zoning issue is regarding storm water management and grading. Currently no storm water plan is required for development of single lots. The Task Force recommends that a storm water management grading plan be required for all new additions, new houses, new or revised sidewalks and new or revised driveway projects. The amount of water run off ,and rate of flow from the property may not be greater than prior to construction and the pattern of water flow cannot be worse than prior to new construction. Tom Roth, President of the Deerfield Area -Historical Society, commented that the issue of historical preservation should have been a major part of the task force report, but it was ignored, even though Mr. Roth was assured at a recent Board meeting that these issues would be addressed in the report. He added that it is already too late to save Deep Dene, and historical preservation needs to be addressed now, not in Phase II, when it may be too late to save the remaining sites. He added that Deerfield is the only community in this area not to address this issue. Deerfield needs to go through the steps to become a certified local government, and it needs to have a waiting period before a historic structure may be torn down. . Trustee Ragona expressed concern about the proposed drainage requirements, which he feels are too encompassing and may be counterproductive, as homeowners many forego an improvement rather than pay for a storm water management plan. He thinks it would be a good idea to refer this matter back to the Plan Commission along with the three zoning issues. Trustee Swanson commented that the zoning issues should be kept separate from the drainage issue, which would require a change to the Municipal Code. Mrs. Houpt added that the Plan Commission is not a designated hearing body for the Municipal Code. Trustee Seiden made a motion to direct the Village Attorney to prepare a drainage ordinance, modified by staff to take into consideration small improvements proposed for driveways, etc. Trustee Kayne seconded the motion. After further discussion, including comments from Deerfield residents Mary Ann D'Onofrio and George Papadakis regarding stormwater runoff and impervious surfaces, the motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) a Board of Trustees Meeting March 3, 2003 Page 6 of 8 Trustee Ragona made a motion to refer the three zoning issues to the Plan Commission. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Mrs. Houpt noted that the public hearing has tentatively been set for April 13th Trustee Seiden then responded to Mr. Roth that Phase II of the Task Force recommendation will include consideration of historical preservation issues. This was not done as part of Phase I because Task Force members felt that the tear down and infill situation going on throughout Deerfield is a larger and more pressing matter. To have included historic preservation as part of Phase I would have only delayed completion of the Phase I report. Trustee Seiden assured Mr. Roth that historic preservation will be addressed carefully and fairly in Phase II. OLD BUSINESS ORDINANCE APPROVING A SPECIAL USE This agenda item is being held over at the FOR AN AUTOMOBILE CONVENIENCE FOOD request of the petitioner, who expects to be SHOP IN CONJUNCTION WITH THE ready by the March 17th Board meeting. OPERATION OF A CITGO GAS STATION AT 1460 WAUKEGAN, VITI (HELD OVER FROM 1/21/03) SECOND READING ORDINANCE 0 -03 -08 PROVIDING FOR FILING OF THE TENTATIVE ANNUAL BUDGET NEW BUSINESS An ordinance providing for the filing of a tentative annual budget for the Village of Deerfield and for public inspection and a hearing thereon. First Reading. Trustee Ragona moved for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Trustee Ragona moved for adoption of the ordinance. Trustee Wylie seconded the :notion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO RETAIN KANE The Lake Cook Road Tax Increment Financing MCKENNA & ASSOCIATES RE TIF District will terminate after its statutory TERMINATION STUDY 23 years in March 2005. Due to the complexity of the Illinois property tax system and the time factors involved in the levying and collecting of this tax, the finance 1 1 MN Board of Trustees Meeting March 3, 2003 Page 7 of 8 director believes it is desirable to determine the steps and timetable necessary to allow for the capture of the increment when it returns to the regular tax rolls. He has requested and received a proposal from Kane McKenna and Associates, Inc. which is intended to provide a blueprint for the Village and the affected taxing bodies for structuring their budgets and levies for the next few years to capture as much of the increment as they see fit. Kane McKenna proposes to perform the study for a not to exceed amount of $10,000 per district. Mr. Fialkowski requests authorization to retain Kane McKenna and Associates to perform the study. He noted that the cost of the study is a TIF eligible expense, so all the taxing bodies will share the cost. Trustee Rosenthal made a motion to authorize retaining Kane McKenna and Associates at a cost not to exceed $10,000. Trustee Ragona seconded the motion. Mr. Franz commented that since Kane McKenna is being retained to study both TIF districts, $10,000 may not be a large enough amount. He recommended raising the not to exceed cost to $15,000. Trustee Rosenthal moved to amend her motion to a not to exceed amount of $15,000. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) nTgrT1gRTnN REPAIR OF SEWER MAIN BREAK Mr. Franz reported on a recent trunk main break outside the Wastewater Treatment Facility. Due to the depth of the line (211) and the amount of work required, the work was beyond the capability of the sewer department. Under the emergency provisions of the purchasing procedures, quotes were sought to repair the line, and the low quote of Campanella & Sons in the amount of $21,075 was accepted. Trustee Ragona made a motion to ratify the emergency repairs in the amount of $21,075 by Campanella and Sons. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) BUDGET MEETINGS Mr. Franz reminded Board members and the public of the budget meetings to be held after the March 17th Board meeting and also the evening of March 18th. EXECUTIVE SESSION Trustee Ragona so moved the following vote: Mayor Harris asked for a motion to go into Executive Session to discuss land acquisition. Trustee Wylie seconded the motion. The motion passed by AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) r► � m Board of Trustees Meeting March 3, 2003 Page 8 of 8 ADJOURNMENT a"v ATTEST: A". Villja�- Clierk There being no further business to discuss, 5 1 1