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
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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.
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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
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ATTEST:
1
Village Clerk
APMOVED :