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03/17/20031 M A7 March 17, 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 17, 2003, at 7:35 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. MOMENT OF SILENCE In light of President Bush's address to the nation earlier this evening regarding the imminent war with Iraq, Mayor Harris called for a moment of reflection and prayer. PLEDGE OF ALLEGIANCE Mike Baumer, District Governor of the Lions Club and Ahmed Hawari, President of the Deerfield Lions Club, led those in attendance in reciting the Pledge of Allegiance. Deerfield Lions Club member John Sciaretta thanked the Mayor and Board for their good work and dedication. APPROVAL OF MINUTES Trustee Ragona asked that on Page 3, in the section regarding text amendments to the Zoning Ordinance, the first sentence in the third paragraph be amended to begin, "Bob Benton explained that Plan Commission members found the requirements and `enforcement' provisions too difficult. . ." Trustee Ragona then made a motion to approve the minutes of the previous meeting as amended. Trustee Swanson seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the February Treasurer's Report. Sales tax received in February (for November sales) is 4.0% over the same period last year, and the running 12 -month total sales tax is 3.3% over the prior year. The hotel /motel tax and the state income tax continue to lag. As of February 28, 2003 100% of available cash was invested at an average interest rate of 3.52% compared to an average rate of 1.17% for the 90 -day Treasury Bill. PUBLIC COMMENT There was no public comment on non - agenda items. Board of Trustees Meeting March 17, 2003 Page 2 of 10 REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR APPROVAL OF FINAL PLAT OF SUBDIVISION, 1247 DEERFIELD ROAD, DEEP DENE in substantial conformance to the resubdivision and recommends it be REPORTS The Plan Commission held a workshop meeting on February 27th to review the final plat of resubdivision for the property at 1247 Deerfield Road, commonly known as "Deep Dene ". The Plan Commission finds the final plat to be Dreviously approved preliminary plat of approved. The motion passed 6 -0. Joe Kayne and Helene Linton, co- chairpersons of the Save the Barn Committee, were in attendance to request financial assistance from the Board for moving the historic two -cow Seth Gooder Barn from its current location at Deep Dene to the grounds of Caruso Middle School. The park district has indicated its willingness to donate the land for the barn, and School District 109 has expressed an interest in using it as a museum and in the outdoor education program. In a letter to the Board read by Mayor Harris, Tom Roth of the Deerfield Area Historical Society expressed his support of the project. None of these groups, however, is willing to provide the approximate $30,000 needed to move and restore the barn. Mr. Kayne noted that it will be necessary to move quickly if the barn is to be saved, as the redevelopment of the Deep Dene parcel is slated to begin soon. Brad Rappaport, who grew up at Deep Dene, was in attendance and indicated his support of the project. Board members discussed the matter for several minutes, after which Mayor Harris indicated that there seems to be Board support for the project and that possible Village participation in its funding can be discussed in the 2003 -2004 budget discussions which are currently underway. Mr. Franz added that the request to locate the barn at Caruso Middle School would have to go to the Plan Commission for a public hearing. Trustee Ragona made a motion to accept the Report and Recommendation of the Plan Commission regarding approval of the final plat of subdivision for Deep Dene and to direct the Village Attorney to prepare an ordinance. Trustee Wylie seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR A SPECIAL USE TO ALLOW A RESTAURANT IN THE DEERBROOK MALL NORTH OUTLOT BUILDING, BAJA FRESH RESTAURANT passed 4 -0. The Plan Commission held a public hearing on February 13th. It is their recommendation that Baja Fresh's request for a Special Use to permit the establishment of a restaurant in the northernmost outlot building in Deerbrook Shopping Center be approved. The motion Architect James Alt explained that Baja Fresh, which is a quick serve Mexican Restaurant owned by Wendy's International, will be the only outlot restaurant at Deerbrook Mall. Several other Baja Fresh restaurants have recently opened in the Chicagoland area. After a brief discussion regarding the restaurant's rooftop equipment, Trustee Wylie made a motion to accept the report and recommendation of the Plan Commission to approve a Special Use to permit the Baja Fresh Restaurant and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed, with all trustees voting for it except 1 1 1 Board of Trustees Meeting March 17, 2003 Page 3 of 10 Trustee Kayne, who explained that he voted against the motion because he is not in favor of having outlot buildings at Deerbrook Mall. REPORT AND RECOMMENDATION OF PLAN It is the recommendation of the Plan COMMISSION RE REQUEST FOR CHANGES Commission that Deerbrook Mall's request for a TO FINAL DEVELOPMENT PLAN- DEERBROOK finding of substantial conformance to allow SHOPPING CENTER the six tenant storefronts (Famous Footwear, Connie Pagano, Kuhn's Delicatessen, Boston Market, Ristorante Abruzzo and Ulta 3) to be replaced not later than indicated on the schedule submitted by the petitioners (dated 2/11/03) be approved. The motion passed 5 to 0 with one member recusing himself. Mr. Coblentz commented that the sales tax sharing agreement with the developer goes into effect as of the date of substantial completion of the mall, which includes storefronts. If substantial completion is delayed, as it could be if this request is approved, sales tax money would go into an escrow account until completion of the project. Patty Mahoney of Mid America Asset Management reported that the agreement does not affect the building faqade, only the glass. Mid America wasn't aware that delaying the installation of the glass would affect the tax sharing provision. The reason for the installation delay is to give the affected tenants the opportunity to remodel their space, which would perhaps include changing the location of their door. Mid America had not yet discussed with each tenant what their plans are with regards to remodeling. During the discussion that followed, Mayor Harris and several trustees commented that that it is unacceptable that the tenants who are not doing any remodeling should have to wait up to two years to have their storefronts completed. Trustee Ragona reported that Andrew Wagner, owner of Kuhn's, told him he would like to have the fagade of his store completed immediately. Trustee Rosenthal made a motion to table the matter until the next meeting, during which time Mid America should talk to each tenant to see what their wishes are. Trustee Seiden seconded the motion. The motion passed unanimously. Mayor Harris stated that the responses from the tenants should be submitted to the Village in letter form, signed by each tenant. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT February 27th to consider the request of the TO SPECIAL USE /PUD TO PERMIT • owners of Industraplex for an amendment to RENOVATIONS TO THE BUILDING AND their Planned Unit Development and a rezoning REZONING FROM I -2B OUTLYING LIMITED of the property from I -2B Outlying Limited INDUSTRIAL DISTRICT TO I -1 OFFICE, Industrial District to I -1 Office, Research, RESEARCH AND INDUSTRIAL DISTRICT, and Industrial District as the majority of the INDUSTRAPLEX, 440 LAKE COOK ROAD building is proposed to be for office use. By a vote of 6 -0, the Plan Commission voted in favor of the petitioner's request. Richard Preves, architect for the project, reported that DiPietro Plumbing, which built and partially occupies the building at 440 Lake Cook Road, 2004. The petitioners plans to move partly or entirely out are seeking I -1 zoning to permit the of the building in building to be renovated for office use. They plan to take out the north storage yard and turn the space into on -site parking. They also plan to demolish part of the building to provide space to further increase parking. Although the footprint of the e � o • Board of Trustees Meeting March 17, 2003 Page 4 of 10 building will decrease, the total size of the building will increase from 20,000 square feet to 27,000 square feet due to the addition of a second floor over the existing first floor on the west side of the building. Many other improvements will be made to the building, including a new vestibule, windows, mechanicals, and ADA requirements. There will also be new landscaping and outdoor lighting. Mr. Preves noted that no signage changes are being requested, and no changes are proposed for the other two buildings on the Industraplex site. Trustee Rosenthal and Trustee Seiden expressed concern about increased traffic, but in Mr. Preve's.opinion the new uses would generate only about twenty extra trips per day and would have little impact on either Lake Cook Road or Waukegan Road. After further discussion, Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Swanson seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF Trustee Seiden reported that the ordinance RESIDENTIAL REDEVELOPMENT REVIEW on drainage is still being prepared by staff TASK FORCE RE AMENDMENT TO and the Village Attorney. So as not to SIDEYARD SETBACK PLANE burden homeowners with unnecessary requirements and costs, every effort is being made to differentiate improvements which would affect water run off from those which probably would not. Trustee Seiden assured homeowners that the zoning changes suggested by the task force allow for any home in Deerfield, even those built on sub - standard lots, to have a second floor addition, while still protecting neighbors from a house that is too large for the lot. He then explained an addendum that the task force recommends be accepted as part of their report. The addendum makes provisions for setback plane problems that owners of some sub - standard lots might otherwise have encountered when designing a second story addition. Trustee Seiden moved for acceptance of the addendum. Trustee Wylie seconded the motion. Trustee Ragona commented that.the addendum is an improvement but does not address all homes on sub - standard lots, specifically those with a peak running side to side or those with an irregularly shaped lot. He encouraged anyone with concerns to come to the next Plan Commission meeting and voice them. Phil Roseborough of 426 Hermitage, Greg Heiser of 453 Hermitage and Daryl Penn of 1228 Woodruff, all of whom own homes on sub- standard lots, asked questions about various provisions of the proposed regulations and expressed concern about the effect the provisions might have on the value of their property. After everyone who wished to speak on the matter had done so, the motion to accept the addendum passed unanimously. Trustee Seiden reported that members of the Residential Redevelopment Task Force will be in the Board Room on Saturday beginning at 9:30 A.M. Anyone with an interest in this topic should feel free to drop by. 1 1 Board of Trustees Meeting March 17, 2003 Page 5 of 10 ORDINANCE 0 -03 -09 AMENDING MUNICIPAL CODE RE DECREASE IN THE NUMBER OF POLICE SERGEANTS CONSENT AGENDA An ordinance amending the Municipal Code re decreasing the number of police sergeants from 12 to 11. Second Reading. ORDINANCE AUTHORIZING A SPECIAL An ordinance authorizing a Special Use for a USE FOR A CIB BANK FACILITY AT 700 CIB bank facility at 700 Osterman Avenue. OSTERMAN AVENUE First Reading. ORDINANCE ESTABLISHING PARKING An ordinance establishing parking restrictions RESTRICTIONS ON KENTON ROAD FROM on Kenton Road from Deerfield Road to Kingston DEERFIELD ROAD TO KINGSTON TERRACE Terrace. First Reading. Trustee Kayne asked that the ordinance regarding the CIB Bank facility be removed from the Consent Agenda. Board members agreed. Trustee Rosenthal moved for acceptance of the Consent Agenda (minus the CIB Bank facility ordinance) and adoption of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) The ordinance regarding the proposed CIB Bank facility at 700 Osterman Avenue will stand as a First Reading. OLD BUSINESS ORDINANCE 0 -03 -10 AUTHORIZING A An ordinance authorizing a Special Use for SPECIAL USE FOR COOKER'S RESTAURANT Cooker's Restaurant in Lake Cook Plaza. First IN LAKE COOK PLAZA Reading. Larry Stein, owner of Cooker's Restaurant, explained that he is being evicted from Deerbrook Mall due to its redevelopment and plans to relocate to Lake Cook Plaza. As the eviction is coming soon, he asked for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Ragona moved for a waiver of the rules. Trustee Swanson 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 Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) O� e Board of Trustees Meeting March 17, 2003 Page 6 of 10 ORDINANCE 0 -03 -11 APPROVING A SIDEYARD VARIATION TO EVAN HSIEH, 1315 MEADOW LANE second reading so they may begin Trustee Kayne so moved. Trustee waiver of the rules passed by th AYES: Kayne, Ragona, Rosenthal, NAYS: None (0) An ordinance approving a sideyard variation for Evan Hsieh, 315 Meadow Lane. First Reading. The Hsiehs have asked for a waiver of the construction of their home addition right away. Ragona seconded the motion. The motion for a following vote: Seiden, Swanson, Wylie (6) Trustee Kayne moved for adoption of the ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE APPROVING A SPECIAL USE Attorney Paul Diambri reported that the FOR AN AUTOMOBILE CONVENIENCE FOOD petitioners are requesting to retain four SHOP IN'CONJUNCTION WITH THE driveway cuts onto their property. They OPERATION OF A CITGO GAS STATION feel that truck traffic makes this a AT 1460 WAUKEGAN, VITI, HELD OVER necessity. They are proposing that the FROM 1/21/03 the fourth curb cut be posted with "No Left Turn" signage. Mr. Diambri commented that the Viti's looked into providing additional traffic access in the back of their property, but there is an existing telephone pole that would cost $100,000 to move, and there are other items that would need to be relocated as well. They are therefore proposing a site plan similar to the last time, but with a revised landscaping plan that includes a sidewalk. Mr. Diambri added that the changes will be expensive, and the petitioners are asking that they be permitted to phase them in, or else that the Village participate in the cost. Amy Patera reviewed the proposed landscaping plan, which includes a sidewalk and planters but, due to cost, has only about half as many plants as previously indicated. Mr. Diambri reminded the. Board that the petitioners have been trying to obtain approval for changes to this site since July 2002, and that they previously received approval from the Plan Commission. Trustees spent several minutes discussing the, proposal, with some expressing disappointment that this proposal puts the fourth curb cut back in, decreases the amount of landscaping, and does not take into account other suggestions previously made by the Board. Other trustees disagreed, stating that the Citgo petition should be approved. Mr. Coblentz commented that the ordinance that has been drafted does not reflect the changes presented by the petitioner tonight. Should the Board approve the changes, the ordinance would have to be revised, but still could appear on the next agenda as a Second Reading. Trustee Wylie made a motion to approve a special use for an automobile convenience food shop in conjunction with the operation of a Citgo gas station at 1460 Waukegan Road with three curb cuts and contingent on approval of a revised sidewalk and planting plan to be prepared before final reading of the ordinance. The sidewalk would be in a straight line 1 1 e� Board of Trustees Meeting March 17, 2003 Page 7 of 10 and would be a minimum of 5' wide. To accomplish this, wheel stops would be provided and plant material would be relocated. Trustee Rosenthal seconded the motion. Mayor Harris gave Mr. Diambri and the petitioners a few minutes to confer on Trustee Wylie's motion. When they returned Mr. Diambri reported that his clients feel strongly that that the fourth curb cut is a necessity and must be retained. They are willing to locate the sidewalk wherever the Board chooses, and they will redesign the landscaping as dictated by the location of the sidewalk. They are withdrawing their request for a. phase -in of the improvements or a financial contribution from the Village. Further discussion followed. Trustee Ragona suggested narrowing the fourth curb cut to one lane, signed for right turn out only. Trustee Wylie suggested modifying the parking along Waukegan Road. This would allow the sidewalk to be moved away from Waukegan Road and would also provide space for additional landscaping. Trustee Ragona moved to table the matter to allow Mr. Diambri and the petitioners to confer a second time while the Board continues with other agenda items. Trustee Swanson seconded the motion. The motion passed unanimously. RESOLUTION R -03 -04 AUTHORIZING The period of time for which the grant funds AMENDMENT TO EXTEND EXPIRATION DATE are available for the Deerfield Road OF GRANT AGREEMENT WITH IDOT, Pedestrian Bridge Project expires March 30, PEDESTRIAN BRIDGE 2003. Staff and the consultant believe it is necessary to extend this time period to allow for any unforeseen delays in the bidding of the project as well as for securing the necessary funds for construction. IDOT has advised that a new policy calls for a ten year time frame to complete projects, with no grant extension allowed beyond that time. They will therefore extend the expiration date ten years from the original award to March 31, 2011. A resolution authorizing and approving the amendment is required. Trustee Ragona moved to adopt a resolution authorizing the amendment. Trustee Swanson seconded the motion. The motion passed unanimously. NEW BUSINESS ANALYSIS AND AWARD OF BID FOR This agenda item is being held over until the REVERSE 9 -1 -1 TELEPHONE SYSTEM next Board meeting. ORDINANCE DESIGNATING TIME LIMITS ON PARKING ON THE WEST SIDE OF WARRINGTON ROAD 50' NORTH OF ESSEX COURT P.M. Signage would be posted prov For the safety of Walden School students, staff is recommending an ordinance restricting parking, stopping or standing on the west side of Warrington for a distance of 50' north from Essex Court between the hours of 3:00 -3:30 iding this information. First Reading. ORDINANCE RESERVING VOLUME CAP IN This year Deerfield's private activity bond CONNECTION WITH PRIVATE ACTIVITY cap is $1,381,500. The Village has received BONDS an offer from Stern Brothers & Co. in the Board of Trustees Meeting March 17, 2003 Page 8 of 10 amount of $17,268.75 (1.25% of the cap) as a fee for ceding the allocation, which will be used for a housing development in Matteson. As it is unlikely that any current Deerfield business will need the allocation, and as the Stern Brothers & Co. offer was the only one received, the finance director is recommending that it be accepted. This will stand as a First Reading. DISCUSSION DEERFIELD HIGH SCHOOL HONORED Mayor Harris congratulated Deerfield High School for being named by the Chicago Sun Times as one of the top ten high schools in Illinois. THANKS TO TOWNSHIP OFFICE Mayor Harris thanked the West Deerfield Township office for being open for absentee voting on the two Saturdays before the April 1st election. He reminded residents that the Village, school district and library all have contested races, and he encouraged everyone to vote. THANKS TO OPTIMIST CLUB Trustee Wylie thanked the Optimist Club for its sponsorship of Youth Appreciation Night recently held at Deerfield High School. TRUSTEE IN THE TOWN 1:00 -4:00 P.M. at the library. Trustee Seiden announced that the next Trustee in the Town will take place this Saturday from SWALCO NEWS Trustee Ragona announced that SWALCO will hold a household chemical waste pickup on May 17th at Caruso Middle School. A pick up of electrical items is scheduled for June. REPORTS, cont'd. SPECIAL USE FOR 1460 WAUKEGAN, Upon their return from conferring, Mr. Diambri VITI, cont'd. reported that his clients have looked at many plans for their parking lot throughout the approval process, and they feel that the parking lot configuration proposed by Trustee Wylie will not work. They are hopeful that the Board will approve the plan that was previously approved by the Plan Commission. Trustee Ragona's suggestion regarding signing the fourth curb cut as right turn out only is acceptable. Trustee Wylie restated his previous motion. Trustee Rosenthal moved to remove the motion from the table. Trustee Swanson seconded the motion. The motion passed unanimously. A roll call was taken on Trustee Wylie's motion, with the vote as follows: AYES: Rosenthal, Seiden, Wylie (3) NAYS: Kayne, Ragona, Swanson (3) The vote being tied, Mayor Harris voted `Nay" and the motion therefore failed. 1 1 1 1 Board of Trustees Meeting March 17, 2003 Page 9 of 10 Trustee Ragona made a new motion. His motion was for an ordinance approving a Special Use for an automobile convenience food shop in conjunction with the operation of a Citgo gas station at 1460 Waukegan Road with three full curb cuts and one exit only curbed and curved curb cut (southernmost) which will be restricted to traffic exiting southbound onto Waukegan Road. An updated site plan and a Board approved landscape plan showing the location of the sidewalk must also be provided. Trustee Kayne seconded the motion. After discussion the motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) A revised ordinance will be prepared for Second Reading at the next meeting. Mayor Harris thanked the petitioners for their patience during the approval process. DISCUSSION, cont'd. FAMILY DAY COMMISSION APPOINTMENTS Mr. Franz announced the following appointments to the Family Days Committee: • Chairperson - Ed Seidman • Fireworks - Mark Mitchell, Wallace Dunn and Mark Villano • Parade - Gene DiClementi • Food - Jack Pohn • Art & Crafts - Judy Nelson • Park District - Rick Julison • Police Department - Rick Wilk Trustee Seiden moved to accept the appointments. Trustee Swanson seconded the motion. The motion passed unanimously. DATE FOR NEXT MEETING Mr. Franz announced that due to March having five Mondays, the next Board meeting will be in three weeks, on April 7 "' BUDGET MEETING Mr. Franz suggested that due to the late hour the budget meeting scheduled to follow tonight's Board meeting be cancelled. Another budget meeting has previously been scheduled for tomorrow evening at 7:00 P.M. The Board and staff agreed to cancel tonight's meeting and to meet tomorrow at 6:30 P.M. for pizza, with the actual meeting beginning at 7:00 P.M. PUBLIC COMMENT such a protracted approval process. Melissa Bigg expressed her disappointment with the Board for putting the Viti family through Board of Trustees Meeting March 17, 2003 Page 10 of 10 ADJOURNMENT There being no further business to discuss, Trustee RagDja,,a made a motion to adjourn the meeting. Trustee Swanson seconded the mot; qh motion passed unanimously. The meeting was adjourned at 10:28 P.N. jj )) ATTEST: I �L'Oa ---village 'Cl—erk ED: Mayor 1 1