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07/07/2003July 7, 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, July 7, 2003, at 7:35 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Jerry Kayne 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 Assistant to the Village Manager Diane Mikula. PLEDGE OF ALLEGIANCE Allison Gathany, a recent Deerfield High School graduate who was selected by the Chicago Tribune as a member of the all regional academic team for the north and west suburban region, led those in attendance in reciting the Pledge of Allegiance. Alison will attend Dartmouth College and is planning a career in medicine. FAMILY DAYS Mayor Harris reported that Family Days was a big success. He thanked Ed Seidman and the Family Days Commission for their good work. He also noted that the Village won the first place award for its float, and acknowledged Village employees Jean Spagnoli and Ron Kozanecki for their roles in its creation. BOARDS AND COMMISSIONS Mayor Harris recommended that Ken Urbaszewski be appointed to the Cable and Telecommun- ications Commission. Trustee Swanson so moved. Trustee Benton seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES Trustee Wylie made a motion to approve the minutes of the previous meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Kayne made a motion to approve the Bills and Payroll. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) PUBLIC COMMENT Karl Schmitt, 1029 Rosemary Terrace, discussed his opinion that some of the commercial proposals for the northeast quadrant made by the Comprehensive Plan Task Force are inappropriate. At this point a man entered the Boardroom and reported that there were many people waiting in the hall and outside the building Board of Trustees Meeting July 7, 2003 Page 2 of 6 who came to comment on the Residential Redevelopment Review Task Force proposals but who cannot get in. He suggested rescheduling the meeting to a public place where there is enough capacity for everyone who wants to see, hear, and debate the issue. After noting that many residents are watching the meeting from their homes on cable television and that there is no ability to move the meeting due to the .need to retain the cable, Mayor Harris gave assurances that public comment will be heard for as long as it takes for everyone who wishes to speak to have the opportunity to do so. After further discussion, some of it heated, some of the people waiting outside came in and sat on the Board room floor, and additional television sets were set up so those still outside the room could watch the proceedings. Police officers distributed bottles of water. The regular agenda was then continued. REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND RECOM- June 12th. It is their,recommendation that MENDATION OF VCDC RE REQUEST FOR Northern Realty's request for a special use to APPROVAL OF SPECIAL USE FOR KID- permit a KidSnips hair salon in the Deerfield SNIPS HAIR SALON, DEERFIELD CENTRE Centre be approved. The motion.passed 4 -0. The VCDC held a workshop meeting on June 4th on the same topic. It is their recommendation that the petitioner's request be approved. The motion passed 7 -0, with one member abstaining. After discussion, Trustee Rosenthal 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 Seiden seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a workshop meeting on COMMISSION RE REQUEST FOR FINDING June 26th. It is their recommendation that OF SUBSTANTIAL CONFORMANCE FOR THE Parkway North's request for approval of a PARKWAY NORTH CENTER (CARR AMERICA) finding of substantial conformance to permit the proposed parking structure and at -grade spaces as shown on the petitioner's plans be approved. The motion passed 3 -1. Leonard Rosenberg was in attendance representing Carr America. He explained that the plan calls for replacement of some landscaped areas with parking areas (in conformance with the annexation agreement), depression of an existing parking area to slightly below grade, and construction of a "deckless deck" above it, which will be hidden by berming, landscaping, a pond, and the tollway. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission. Trustee Benton seconded the motion. The motion passed, with all trustees voting in favor of it with the exception of Trustee Wylie, who voted against it. Michael Tobin was in attendance, representing the petitioner. Kim Stoles of KidSnips was also in attendance, as was a representative of Gewalt Hamilton. Mr. Tobin explained that KidSnips is a 1400 sq. ft. children's hair salon and gift shop. Parking studies indicate that this use will be less parking intensive than a typical retail use. After discussion, Trustee Rosenthal 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 Seiden seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a workshop meeting on COMMISSION RE REQUEST FOR FINDING June 26th. It is their recommendation that OF SUBSTANTIAL CONFORMANCE FOR THE Parkway North's request for approval of a PARKWAY NORTH CENTER (CARR AMERICA) finding of substantial conformance to permit the proposed parking structure and at -grade spaces as shown on the petitioner's plans be approved. The motion passed 3 -1. Leonard Rosenberg was in attendance representing Carr America. He explained that the plan calls for replacement of some landscaped areas with parking areas (in conformance with the annexation agreement), depression of an existing parking area to slightly below grade, and construction of a "deckless deck" above it, which will be hidden by berming, landscaping, a pond, and the tollway. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission. Trustee Benton seconded the motion. The motion passed, with all trustees voting in favor of it with the exception of Trustee Wylie, who voted against it. Board of Trustees Meeting July 7, 2003 Page 3 of 6 CONSENT AGENDA ORDINANCE GRANTING REAR YARD An ordinance allowing Joseph Vyskocil of 1508 VARIATION, JOSEPH VYSKOCIL, 1508 Hackberry Road to construct a second attached HACKBERRY ROAD garage stall, mud room and office space, extending his home eastward 13.75' into the existing 26.75' rear yard, creating a rear yard of approximately 13' in lieu of the minimum 24' as specified in the Zoning Ordinance. First Reading. REPORTS, cont'd. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE RESIDENTIAL April 10th to discuss the Residential REDEVELOPMENT REVIEW TASK FORCE Redevelopment Review Task Force proposals. PROPOSAL FOR TEXT AMENDMENTS The meeting was continued to April 24th and then continued to a workshop meeting on June 12th. On a recommendation that the Village amend the Zoning Ordinance to limit the height of a house to 35' from the ground plane that is the average of the site to the top of the structure, the motion failed. The vote was 0 -4. On a recommendation that the Village amend the Zoning Ordinance to restrict the size of a house by utilizing a floor area ratio (FAR) of .40, the motion failed. The vote was 0 -4. On a recommendation that the Village amend the Zoning Ordinance to create a plane established on the side property line 14' above the side lot lines which would project toward the center of the lot at a 45° angle, the motion failed. The vote was 0 -4. Using a series of charts, Mrs. Houpt explained the three residential review task force proposals (height, sideyard setback, and floor area ratio). At 8:10 P.M. Mayor Harris called on the first person wishing to comment, and public comment continued until 12:30 A.M. when the last person wishing to comment had done so. In all, 72 people made comments. Of them, approximately 30 were in favor of passing the task force proposals, approximately 30 wanted the task proposals to be turned down, and the remainder had miscellaneous comments ranging from wanting to declare a moratorium until the issues can be further studied, to saving trees, to seeking clarification of certain points within the recommendations, to asking Trustees Benton and Seiden to recuse themselves from voting on this issue, to commenting on the anonymous mailing regarding the recommendations that was mailed to Deerfield homeowners. Commission during the time of its the Plan Commission voted against they did not seem quite complete. surface coverage, design review, would benefit from further study. David Marks, Chairman pro tem of the Plan recommendation on this matter, commented that the recommendations because, in their opinion, Issues such as trees, maximum impervious and FAR are just a few matters which they felt Rick Johnstone, a member of the Residential Redevelopment Review task force, commented that the FAR of new homes in Deerfield has been dramatically increasing. About 90 new homes are expected to go through the permit process in 2003. Of the ones already started this year, 39% have a FAR of .5 or more. He stated that the task force felt it necessary to protect the 1 1 Board of Trustees Meeting July 7, 2003 Page 4 of 6 residents who are not moving from the Village and are concerned about their quality of life. At 12:30 A.M., there being no one else wishing to speak, Mayor Harris called for a brief recess for trustees to collect their thoughts. He reconvened the meeting at 12:38. Mayor Harris thanked everyone who attended the meeting or sent letters and e -mails on the topic. He stated that in his opinion the task force recommendations strike a fair balance. He said that if there is a tie vote among the trustees, he will break the,tie with a vote in'favor of the task force recommendations. He then invited the trustees to comment. Trustee Wylie stated that it is necessary to manage the rate of growth in Deerfield's neighborhoods in order to have a more cohesive pattern of development than has been the case in recent years. He will vote in favor of the task force proposal. Trustee Benton explained the Plan Commission process and discussed why he feels that group voted against the recommendations. He also responded to several specific points made by members of the public earlier in the meeting on such topics as drainage and trees. Trustee Benton commented that in Phase II more issues will be examined, but rather than wait for that to happen, it is necessary to get some regulations in place now, before the problem gets more out of hand. These can be modified as time goes on if necessary. He feels the task force recommendations balance the rights of everyone and benefit the Village, and he will vote in favor of them. Trustee Swanson commented that he has seen no evidence of the "canyon effect" referred to in the task force report, nor has he seen evidence of the "McMansion effect ". He feels it is necessary to protect the value of residential property, and that the proposed regulations are a threat to that value. He will therefore vote against the task force recommendations. Trustee Kayne commented that after talking with residents, reading their e -mails etc., he feels that more people are for the regulations than are against them. Though there is.still some tweaking.to be done, he will vote in favor of the regulations. Trustee Rosenthal commented that she would prefer to vote on each of the three issues separately. She is in favor of the height regulations and the sideyard plane regulations, but she feels density bonuses should be allowed for trees, side loading garages, porches, and other architecturally interesting ideas, and she would vote against the FAR regulations until this issue has been addressed. Trustee Seiden cormaented that the task force had the difficult job of balancing the rights and needs of sellers, whose most valuable asset is their property, with the quality of life issues of their neighbors who are remaining in the Village. The conclusions reached by the task force members after studying the issues at great length were unanimous. There is no minority report. Trustee Seiden noted that the .4 FAR they are recommending as a way of stopping "FAR creep" is the most generous on the north shore, and that the 3,500 sq. ft. home that would be permitted on even the "substandard" lots is quite a large home. Trustee Seiden agreed with some other trustees that some Board of Trustees Meeting July 7, 2003 Page 5 of 6 tweaking of the regulations may be necessary, and that special provisions may have to be made for people in special circumstances. He will vote in favor of the task force recommendations. Mr. Coblentz explained that the next order of business is to vote on acceptance of the Plan Commission report. He noted that a "yes" vote rejects the task force recommendation, while a "no" vote rejects the Plan Commission recommendation. If the vote is to reject the Plan Commission report, a motion may then be made to approve the task force recommendation to amend the zoning ordinance to limit building height, establish a maximum FAR, and establish a sideyard plane of light, and to direct preparation of an ordinance, which will return to the Board for First Reading at its next Board meeting, and for Second Reading at the first meeting in August. Trustee Seiden made a motion to approve the Plan Commission report and recommendation for all three components. Trustee Benton seconded the motion. The motion failed by the following vote: AYES: Rosenthal, Swanson (2) NAYS: Benton, Kayne, Seiden, Wylie (4) Trustee Rosenthal and Trustee Swanson noted that their "Aye" votes reflect that they are not in favor of the FAR portion of the task force recommendation. Trustee Wylie made a motion to approve the task force recommendation to amend the Zoning Ordinance to (1) limit building height, (2) establish a maximum FAR of .40, with a guaranteed 3,500 sq. ft. minimum house size, and (3) establish a side yard plane of light, and to direct preparation of an ordinance. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) Trustees Rosenthal and Swanson again noted that their vote reflects that they are not in favor of the FAR portion of the task force recommendation. The ordinance will be prepared and brought back for First Reading at the next meeting. NEW BUSINESS AUTHORIZATION TO RELEASE EXECUTIVE The Illinois Open Meetings Act requires that SESSION MINUTES PURSUANT TO THE elected boards review all minutes from closed ILLINOIS OPEN MEETINGS ACT sessions and make available for public inspection those which no longer require confidentiality. Staff is recommending release of the executive session minutes from 3/18/03 and 4/21/03. Trustee Swanson made a motion to release the two sets of minutes. Trustee Benton seconded the motion. The motion passed unanimously. Board of Trustees Meeting July 7, 2003 Page 6 of 6 RESOLUTION R-03 -10 AUTHORIZING Due to the lateness of the hour, a power EXECUTION OF A CONTRACT WITH MUNIS point presentation prepared for the meeting TO PROVIDE FINANCIAL INFORMATION was not made. There was discussion regarding SYSTEM SOFTWARE AND ASSOCIATED tabling the matter until the next meeting, but SERVICES it was decided that due to time constraints, it would be better not to wait. Mr. Fialkowski reported that after an extensive solicitation, evaluation and negotiation process, staff is recommending that MUNIS, Inc. be selected to provide the financial information system software and associated services. The total one -time cost is $328,177, plus an annual maintenance fee of $34,510. After a brief discussion Trustee Wylie moved to adopt a resolution authorizing execution of a contract with MUNIS, Inc. to provide financial information system software and associated services. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ADJOURNNMENT meeting. Trustee Kayne seconded the meeting was adjourned at 1:35 A.M. 1 ATTEST: There being no further business to discuss, Trustee Beriton1made a motion to adjourn the motio e tion passed unanimously. The F�,'_� Mayor 40