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12/06/2004December 6, 2004 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, December 6, 2004, at 7:30 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 Village Manager Robert Franz. PLEDGE OF ALLEGIANCE Joan Reed led those in attendance in reciting the Pledge of Allegiance. She then briefly described the Holiday on the Plaza events that will take place this Saturday in the Village Center. APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the previous meeting. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT ON DEPARTMENTAL OBJECTIVES, Bob Fialkowski presented highlights from the FINANCE DEPARTMENT Report on Financial Objectives for the Finance Department. These included: • Published the approved FY 2004/05 annual budget document and received the GFOA Distinguished Budget Presentation Award; • Substantially completed work on the annual financial report for FY 2003/04; • Continued implementation of the new financial information system; • Assisted in ongoing negotiations with the police and public works unions; • Recruited for and filled the position of Accountant; • Implemented numerous technology improvements. Mayor Harris commended the Finance Department for receiving the Distinguished Budget Presentation Award for the 14th consecutive year. PUBLIC COMMENT Michael Lewitz, 155 Doral Court, reported that for the third time in two years ComEd has dug up his front yard, making a hole that is 35' square and 5 feet deep. It has been Board of Trustees Meeting December 6, 2004 Page 2 of 7 there for two months, with no work done for at least three weeks. Mr. Lewitz feels that, just as we now have a fencing requirement for developers in the Village, so should we have a requirement for ComEd. Mayor Harris asked that staff look into the matter right away. Margie Stone, 532 Hermitage, offered several suggestions for the new Waukegan /Longfellow /Osterman intersection. Mayor Harris suggested that Mrs. Stone submit her comments in writing to the Village Manager. REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND RECOM- November 11th. It is their recommendation that MENDATION OF VCDC REGARDING REQUEST Deerfield Park District's request for approval FOR AMENDMENT TO A SPECIAL USE TO of an amendment to a special use, and the ALLOW RENOVATIONS TO JEWETT PARK rezoning of 803, 819, 825, 845, and 853 Hazel AND REZONING OF VARIOUS PROPERTIES Avenue and 953 -955 and 969 Park Avenue from TO THE NORTH OF THE CURRENT JEWETT R -4 Single & Two Family Residential District PARK FROM R -4 SINGLE AND TWO FAMILY to P -1 Public Land District to permit the DISTRICT TO P -1 PUBLIC LANDS proposed renovations to the north end of DISTRICT (DEERFIELD PARK DISTRICT) Jewett Park, including a recommendation that the proposed parking along Journal Court be landbanked, be approved. The motion passed 4 -0. The Plan Commission made another motion to recommend that the park district consider enlarging the bathrooms to facilitate service to larger numbers of people, but that motion failed by a vote of 2 -2. The VCDC held a workshop meeting on November 3rd. It is their recommendation that the Deerfield Park District request for approval of an amendment to a special use and rezoning to allow the proposed renovations to the north end of Jewett park be approved, with the recommendation that the park district, in conjunction with the Village, give consideration to incorporating pedestrian access into the park. The motion passed 5 -1, with one member recusing. Park District director Linda Gryziecki showed the site plan and explained that since the seniors have moved their activities to the Patty Turner Senior Center, it is the park district's plan to demolish the existing field house and replace it with a shelter /pavilion type building with concession area, warming house, and restroom facilities. Playground equipment will replaced, the parking lot moved north to Hazel Avenue, and a path system created. Ms. Gryziecki noted that the cell tower shown on the site plan will be the subject of a separate public hearing. Mayor Harris asked for comments from the Board. The only suggested improvement to the building plan was made by Trustee Wylie, who commented that the location of the vending area could be improved so the machines would not be visible and detract from the look of the building. Several trustees had suggestions about the site plan, such as extending the sidewalk that is west of the parking area so that it provides access to the public sidewalk on Hazel Avenue, increasing sidewalk width to 10' and, when the time comes to consider a cell tower, to look into those which are camouflaged so as not to look like cell towers. Board of Trustees Meeting December 6, 2004 Page 3 of 7 Trustee Rosenthal moved to accept the reports and recommendations of the Plan Commission and the VCDC and to direct.preparation of an ordinance. After clarification that extending the sidewalk west of the parking lot to Hazel Avenue would be a part of the project, and that widening of sidewalks from 8' to 10' would be considered by the park district, the motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Lou Dauria, 845 Central, commented that as a taxpayer he cannot support the proposed non essential Jewett Park expansion. Mayor Harris asked the secretary to reread the vote, then asked if any board member wished, based on Mr. Dauria's comments, to change their vote. No one wished to change their vote. Mayor Harris thanked Mr. Dauria for his comments, and encouraged him to consider addressing the park district board directly with his concerns about their fiscal responsibilities, since the matter before the village board was a land use issue, not a budgetary issue. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION REGARDING REQUEST FOR August 12`x' that was continued to September 9th APPROVAL OF A SPECIAL USE AMENDMENT and again to October 28th. It is their recom- TO A PLANNED UNIT DEVELOPMENT, mendation that Cadwells Corners request for APPROVAL OF A SPECIAL USE FOR A approval of a special use for a Walgreens RETAIL STORE OVER 10,000 SQUARE store with a gross floor area of more than FEET, APPROVAL, OF A TEXT AMENDMENT 10,000 square feet, amendment to a special TO ALLOW A DRIVE -THRU FACILITY FOR use /planned unit development for Cadwells A PHARMACY, AND MODIFICATIONS FOR Corners shopping center, approval of a text PARKING AND SIGNAGE (CADWELL'S amendment to allow a drive -thru facility for a CORNERS- NEWCASTLE PROPERTIES) pharmacy, and a modification for parking and signage be denied. On a motion to approve the petition, the vote was one (1) in favor and five (5) against. John Gross of Norcor Cadwell Associates (owners of Cadwells Corners Shopping Center) and also a principal of Newcastle Properties, summarized unsuccessful attempts made over the past four years to redevelop the Cadwell Corners property. The petitioners are now requesting a special use to permit a Walgreens store with drive thru, and they believe all the standards for permitting a special use have been met. Mr. Gross reported that the project's planners have taken appropriate steps to resolve any issues that might be created by having the facility abut a residential neighborhood. These will include installation of a solid board -on -board 10' solid wood fence, planting evergreens, shrubs and trees along the shared property line, and landscaping of the residents' property if they so desire. In summary, Mr. Gross pointed out that they are not seeking a public subsidy of any kind to accomplish their redevelopment and asked for the Village Board's approval of their request. Marvin Kogan, Michael Lewitz, Jeff Bazar and Steve Silvers, all of Doral Court in Deer Run which abuts Cadwells Corners, all expressed dissatisfaction with various aspects of the plan, but in' particular with the drive thru, which they would like have eliminated from the proposed plan. Michael Swartz, chairman of the Plan Commission, summarized the findings of that body. All members, he said, wanted Walgreens as a tenant at Cadwells Corners, but eventually voted against them Board of Trustees Meeting December 6, 2004 Page 4 , of 7 because the petitioner refused to compromise or to look at any alternatives to their proposed plan. Mayor Harris opened the meeting to comments from the trustees, who discussed the proposal at length, each expressing dissatisfaction with various aspects of the plan, especially with the drive thru, but also with access, parking, environmental impact, traffic and pedestrian issues. Mr. Gross responded that, while the proposed design is cookie cutter in some respects, it reflects Walgreen's successful business model. He noted that, contrary to statements made by those opposed to the Walgreens plan, they did make a number of concessions, such as by limiting store hours and having only one drive thru. In his opinion, none of the potential problems that have speculated upon would come to pass, and that this project would be a successful one for both Walgreens and the Village of Deerfield. Upon questioning by trustees, Michael Frame, senior real estate developer from Walgreens, stated that at this point Walgreens is inflexible. They have looked at many variations of the site plan, and this is the best one that they can live with given the conditions of the site. Trustee Benton made a motion to accept the report and recommendation of the Plan Commission regarding Walgreens. Trustee Swanson seconded the motion. Mayor Harris offered Mr. Gross the.opportunity to confer with the Walgreens representatives before taking a vote of the board. He stated that there seem to be three possibilities for the petitioners. One is to pull the matter and regroup, another is to remove the drive -thru requirement before allowing the voting to move forward, and the third is to proceed in spite of the testimony heard tonight. Mr. Gross asked to confer with his clients. After several minutes he returned to the board room and stated that they have decided to pull the matter from tonight's agenda, revisit the subject, and hopefully return to the board with something constructive. After additional discussion among trustees and those in attendance, Trustee Benton withdrew his motion and Trustee Swanson withdrew his second. CONSENT AGENDA ORDINANCE 0 -04 -68 REPEALING SECTION An ordinance repealing Section 15 -3 of the 15 -3 OF THE MUNICIPAL CODE OF THE Municipal Code re public intoxication. Second VILLAGE OF DEERFIELD Reading. ORDINANCE REQUIRING FENCING AROUND An ordinance providing standards that EXCAVATIONS IN NON- RESIDENTIAL Community Development personnel will use to ZONING DISTRICTS determine if security measures around non- residential construction sites are adequate or if additional measures need to be taken. First Reading. ORDINANCE 0 -04 -69 ESTABLISHING THE An ordinance merging the Youth Council and the HUMAN RELATIONS COMMISSION Human Relations Commission. Second Reading. Board of Trustees Meeting December 6, 2004 Page 5 of 7 Mayor Harris reported that he met this evening with members of the two commissions that will combine to form the new Community Relations Commission. He reassured members of both commissions that everyone serving on either commission will have a spot on the new joint commission. After asking Mr. Coblentz for clarification regarding the non - residential fencing ordinance, Trustee Rosenthal made a motion for acceptance of the Consent Agenda and adoption of the two ordinances. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) NEW BUSINESS REQUEST BY AMERICAN TAXI DISPATCH American Taxi Dispatch, Inc. was in attendance TO INCREASE NUMBER OF LICENSES IN to request an amendment to their Certificate THE VILLAGE OF DEERFIELD of Public Convenience and Necessity to allow five additional taxis in 2004 and another additional five taxis in 2005. They currently have 23 licensed cabs in Deerfield. The public hearing on the application was opened. Daniel Coyne, General Manager of American Taxi Dispatch, along with other American Taxi representatives, explained that they would like to be fully compliant with Deerfield's licensing requirements, but the increase in hotels and corporate customers in Deerfield has made it difficult to meet orders without calling in cabs that are licensed in other municipalities but not in Deerfield. He added that their company has handled an increasingly large number of senior calls, which will total about 1600 this year. For these reasons cabs that should be waiting for customers at hotels and other posts are unable to do so due to being out on other calls. He is therefore asking that Deerfield increase the number of licenses by five this year and another five next year. If the licenses are granted, American Taxi plans to implement some new programs, including $1 rides for seniors to and from the polls, and flat rates to and from work for the handicapped. Mr. Franz explained that, to his knowledge, Deerfield is the only community in the area that determines the number of cabs that each company may have. It is generally a free market system in other communities. A representative of the drivers stated that the drivers are objecting to the additional licenses in order to keep the ratio of cabs to population where it should be. Additional cabs will mean that drivers have to sit and wait for business and will not be able to make a living. He added that there is no shortage of cabs in Deerfield and that the granting of additional licenses will not prevent unlicensed drivers from coming into town. He stated that the request from American Taxi to add more licenses is based solely on their desire for the additional income they would derive from charging for the new licenses, and that increasing the number of licenses will provide no advantage to the citizens of Deerfield. Trustee Benton suggested granting the five licenses for 2004, but not automatically granting the five licenses for 2005. He Board of Trustees Meeting December 6, 2004 Page 6 of 7 would prefer to see how both sides feel a year from now and take action on the additional licenses at that time. He made a motion to handle the request in this fashion. Trustee Rosenthal seconded the motion. After further discussion, the motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REQUEST FOR APPROVAL TO AUTHORIZE Mr. Coblentz explained that this restrictive RELEASE OF RESTRICTIVE COVENANT covenant goes back to approximately 1990 when AGAINST 130 FAIRVIEW a homeowner wanted to buil a second home on his property, with the agreement to demolish the first home when the second home was finished. The petitioner complied with the terms of the restrictive covenant. Now there is a title transaction taking place, and the petitioner has asked that the restrictive covenant be removed. Trustee Rosenthal so moved. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6j NAYS: None (0) TRUTH IN TAXATION PUBLIC HEARING: Mayor Harris opened the public hearing which 2004 PROPERTY TAX LEVY - ORDINANCES is required by statute. Mr. Fialkowski APPROVING 2004 PROPERTY TAX LEVY reported that the total amount of the 2004 tax AND ABATEMENTS levy, including the library is $6,962,492. Abatements from the Debt Service Fund total $2,351,508, leaving a total net levy of $4,610,984. This is a net increase from 2003 of $511,779 ($298,029 - Library and $213,750 - Village). Trustee Seiden expressed concern about the increase in taxes and stated that possible reductions should be discussed at the committee of the whole meeting before Second Reading. Mayor Harris asked for public comment, but there was none. Trustee Rosenthal made a motion to close the public hearing. Trustee Benton seconded the motion. The motion passed unanimously. This will stand as a First Reading. nTQ0T7CCTnM VILLAGE CENTER BOUNDARIES Trustee Rosenthal recommended that the Plan Commission be asked to hold a public hearing regarding amending the boundaries of the Village Center to include the new West Deerfield Township building. There were no objections to the recommendation. 1 I Board of Trustees Meeting December 6, 2004 Page 7 of 7 REFLECTIVE CLOTHING /GEAR Trustee Kayne asked that consideration be given to selling reflective items with the Deerfield logo. Profits made could be folded back into the program. PEDESTRIAN OVERPASS /SCHOOL CHEST Trustee Wylie complimented public works/ engineering on the construction of the pedestrian overpass, which he feels is a wonderful improvement. He also reminded the community that this is the time of year that students are raising money for the School Chest, and he asked everyone to give it their support. SEASONS GREETINGS Since he will not be at the next meeting, Mayor Harris wished everyone a happy holiday. COMMITTEE OF THE WHOLE Mr. Franz confirmed that there will be a commje of the whole meeting next Monday, December 13th at 7:00 p.m. Among the tos on e agenda will be the Stanley Report on the sewage treatment plant. publ ic is invited. ADJOURNMENT The being /nod further business to discuss, TAstee RoXenttal made a motion to adjourn the meeting. Trustee Benton seconded tja'e lotion,/ The/ motion passed unanimously. The meeting was adjourned at 10:32 p. II 1 ATTEST: 1 Village Clerk APMOVED :