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10/05/2005October 5, 2005 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 Wednesday, October 5, 2005 at 7:33 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert.Benton Michelle Feldman Harriet Rosenthal' William Seiden Barbara Struthers Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE Mayor Harris asked Rick Weil, Deerfield Police. Department, to lead those in attendance in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Trustee Benton made a motion to approve the minutes of the September 19, 2005 Board of Trustees meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated October 5, 2005. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) PRESENTATION OF 25 YEAR Mayor Harris presented a watch to Commander EMPLOYEE SERVICE AWARD Richard Weil in recognition of his 25 years of service to the Deerfield Police Department. REPORT ON DEPARTMENTAL OBJECTIVES, COMMUNITY DEVELOPMENT — PLANNING DIVISION AND BUILDING DIVISION 70 tear downs this year. Clint Case discussed the Building Division. He reported that a new inspector has been hired and will start next week. The inspector will help with enforcement of tree and construction management issues. Mr. Case projected that there will be 60 — Jeff Ryckaert reported that the Plan Commission held 12 public hearings and other various pre - filing conferences. The new full -time Board of Trustees Meeting October 5,.2005 Page 2 of 7 administrative secretary is working out very well, and the division is working on creating an updated village center map. PUBLIC COMMENT Marvin Kayne, 1219 Walden, questioned how making single family residences into multi - family residents would benefit the village. He also questioned how the Board could allow the park district to take $8.4 million off the tax roles by purchasing 21 homes. Catherine Kedjidian, 1328 Woodland Drive, a. parent volunteer at Wilmot, explained that the construction on Deerfield and Stratford has made it difficult to get children to school safely. She explained the schools have not been given sufficient notice about road closings. Mayor Harris responded that the village and the schools are on the same side. Everyone is concerned about safety. Trustee Wylie noted that the contractor was supposed to be an on site liaison between the construction and the school. The village paid for the service, and the contractor should alert the school and private property owners. Barbara Little commented that the resident engineer has been in contact with the schools on a daily basis. They have a system in place which alerts the school, police, village hall and school administration to closings. Bob Franz explained the system is set up but execution needs to be improved. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a public hearing on OF PLAN COMMISSION REGARDING September 8, 2005 to consider the request for REQUEST FOR APPROVAL OF A a special use for a retail store over 10,000 square SPECIAL USE FOR A RETAIL STORE feet at Cadwells Corners Shopping Center. OVER 10,000 SQUARE FEET AT CADWELLS CORNERS SHOPPING Trustees questioned the signage size and location. CENTER (STEIN MART) Jean Spagnoli explained that the Appearance Review Commission recommends the sign be reduced to 5' in height. She noted the sign criteria calls for 36" for one line of text. The Plan Commission agreed to a 5' sign. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission regarding approval of a special use for a retail store over 10,000 square feet at Cadwell's Corners Shopping Center. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seid NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN COMMISSION REGARDING REQUEST FOR APPROVAL OF A PRELIMINARY PLAT OF en, Struthers, Wylie (6) The Plan Commission held a public hearing on September 8, 2005 to consider a request for resubdivision of the property at 400 Margate Terrace into two lots. Jim and Cheri Morgan Board of Trustees Meeting October 5, 2005 Page 3 of 7 RESUBDIVISION FOR THE explained they wanted to maximize the fair market PROPERTY AT 400 MARGATE value of their property. They sent out 32 legal TERRACE notices and 84% of those residents did not have any stated concerns. Mr. Morgan believes the resubdivision will help increase .the neighborhood fair market value. They are not asking for any variances and believe the proposed resubdivision would not impact the quality trees on the property. Five neighboring residents expressed concern about the size of the proposed homes, the potential view obstructions and keeping a traditional feel in the neighborhood. They suggested that the Village may want to reconsider portions of the tear down ordinances. They also expressed concern about the softening of the real estate market and the length of time similar sized homes have been for sale in the neighborhood. Mayor Harris explained that, if the developer were seeking a variance, the Board would have discretion about the resubdivision. Three trustees participated in a two -year task force regarding tear downs regulations. They tried to take the best of everything and tailor it to fit Deerfield. They believe the regulations need to be in place for a couple years and then could be reviewed. The trustees believe things could be done to make the homes fit into the neighborhood better. Trustee Wylie asked the village attorney if the Board is obligated to approve this subdivision. Mr. Coblentz responded that, because no variations are being requested and the petitioner is complying fully with the Subdivision Ordinance, the Board has no basis on which to deny the subdivision. Trustee Wylie believes there needs to be a balance between homeowner and community rights. Although the lots do not require a variance, the character of the lots will be changed. He does not believe the homes are consistent with the spirit of the Comprehensive Plan because one of its goals is to maintain the diversity of homes within the community. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission regarding the resubdivision of the property at 400 Margate Terrace. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers (5) NAYS: Wylie (1) REPORT AND RECOMMENDATION OF THE BOARD OF ZONING APPEALS REGARDING VARIATION FOR FRONT YARD SETBACK FOR THE PROPERTY AT 130 FAIRVIEW The Board of Zoning Appeals held a public hearing on September 7, 2005 to'consider the request for a variation for a front yard setback of 35 feet in lieu of the 80 foot front yard required by the established setbacks section of the Deerfield Zoning Ordinance. Trustee Wylie made a motion to accept the report 1 1 Board of Trustees Meeting October 5, 2005 Page 4 of 7 and recommendation of the Board of Zoning Appeals and to direct . preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Wylie (4) NAYS: Seiden, Struthers (2) REPORT AND. RECOMMENDATION OF THE BOARD OF ZONING APPEALS REGARDING VARIATION IN The Board of Zoning Appeals held a public hearing on September 7, 2005 to consider the request.for a variation to allow. the construction of a 2 'car. REQUIRED SIDEYARD FOR addition to an existing 1 car detached garage. The AT 1003 HAZEL AVENUE addition would be located closer to the side yard than the front yard setback of the adjacent lot to the rear and have a side yard setback of _5' in lieu of the required 25' as specified by the Zoning Ordinance. The trustees believe it would be an improvement to the property. Trustee Wylie made a motion to accept the report and recommendation of the Board of Zoning Appeals regarding a variation in the required side yard for the property at 1003 Hazel Avenue and to direct preparation of an ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -05 -38 REGARDING APPROVAL OF A CLASS A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HAIR TRANSPLANT FACILITY FOR BUILDING 4,740 WAUKEGAN ROAD ORDINANCE AMENDING ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD IDENTIFICATION SIGNAGE FOR A NON- PROFIT ORGANIZATION OPERATED IN CONJUNCTION WITH A PLACE OF WORSHIP— 1 R An ordinance approving a Special Use for North Shore Hair Transplant Specialists in Deerfield Square. Second Reading. An ordinance to permit one identification wall sign not exceeding six square feet in area for a non - profit organization operated in conjunction with Christ United Methodist Church in a residential district. First Reading. ORDINANCE AUTHORIZING AN An ordinance for an amendment to a special AMENDED SPECIAL USE INCLUDING use to permit certain improvements and NECESSARY VARIATIONS TO PERMIT renovations to the existing Christ United Methodist RENOVATIONS TO CHRIST UNITED Church building. First Reading. METHODIST CHURCH —1 R Board of Trustees Meeting October 5, 2005 Page 5 of 7 ORDINANCE AMENDING THE SEWER An ordinance amending the sewer rate ordinance. RATE ORDINANCE — 1 R First reading. Trustee Wylie made a motion for acceptance of the Consent Agenda and adoption of the ordinance.. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS:. None (0) OLD BUSINESS ORDINANCE REGARDING AN The ordinance was not removed from the table. AMENDMENT TO A SPECIAL USE Victoria King, Property Manager for RREEF PLANNED UNIT DEVELOPMENT FOR provided the Board with an update on the progress RENOVATIONS TO THE MIDDLE of the cross access agreement. PORTION OF DEERBROOK MALL -2R Bob Franz explained that Mrs. Sweetland has made progress with the two major tenants about the cross access agreement. Jewel does not want to give up the parking spaces at the west end of the site. Trustee Wylie suggested making the cross connection, installing the spaces and revisiting the spaces in the future to see if they need to be removed. Mrs. King believes the agreement will be signed if the parking issue is resolved. She explained the attorneys have the agreement and she expects to have it next week. Mayor Harris asked Ms. King to bring the signed agreement to the next meeting. ORDINANCE AMENDING THE An ordinance for a text amendment to the Zoning ZONING ORDINANCE TO AUTHORIZE Ordinance to permit certain tenant directional signs, ADDITIONAL SIGNAGE FOR tenant directory signs and under canopy tenant COMMERCIAL PLANNED UNIT identification signs in Deerbrook Mall. First DEVELOPMENTS OF MORE THAN Reading. 600,000 SQUARE FEET —1 R. ORDINANCE APPROVING AN An ordinance amending the previously approved AMENDMENT TO SIGNAGE PLAN signage plan for Deerbrook Mall. First reading. FOR DEERBROOK MALL AS AN AMENDMENT TO A SPECIAL USE. PLANNED DEVELOPMENT UNIT —1R It was agreed that all three ordinances will remain on the table until the October 17th Board meeting. DISCUSSION REGARDING At the September 19, 2005 Board of Trustees EXTENSION OF RESIDENTIAL meeting, the Board directed staff to look at SCAVENGER AGREEMENT WITH an option that would allow the continuation ONYX WASTE SYSTEMS of backdoor service with the option to convert to curbside service after one year. Mr. Kiraly Board of Trustees Meeting October 5, 2005 Page 6 of 7 explained the cost of this option.would be $20.35 per residence for once a week service and $24.99 per residence for twice a week service. After briefly discussing the available options, Trustee Rosenthal made a motion to maintain the current back door service and direct staff to prepare a contract with Onyx Waste Systems. Trustee Feldman seconded the motion. The motion passed'by the following. vote:. 0 AYES: Feldman,. Rosenthal, Seiden; Struthers (4) NAYS: Benton, Wylie (2) NEW BUSINESS AMENDMENT TO DEVELOPMENT A request has been made for an amendment to the AGREEMENT TO AUTHORIZE A ONE development agreement for a one year extension of . YEAR EXTENSION OF THE FINAL the final development schedule and letter of credit DEVELOPMENT SCHEDULE AND THE for the Chicagoland Jewish High School at 1095 LETTER OF CREDIT FOR CHICAGO- Lake Cook Road. Attorney Richard Schoenstadt LAND JEWISH HIGH SCHOOL explained that proposed schedule would commence on or before August 3, 2006. He explained the delays were related to the fundraising process. Trustee Seiden made a motion to authorize a one year extension to the Final Development Schedule and Letter of Credit for the Chicagoland Jewish High School with the caveat that the requirement for a Letter of Credit is a one year unconditional commitment. Trusted Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO AWARD Four consultants submitted their qualifications and CONTRACT FOR PHASE I AND II proposals for street and utility improvements on ENGINEERING SERVICES RE Rosemary, Orchard and Todd. The Committee ROSEMARY TERRACE/ ORCHARD recommends RJN Group for the project because STREET /TODD COURT INFRA- they presented a strong understanding of the project STRUCTURE IMPROVEMENTS and a commitment to a timely schedule. Trustee Seiden asked why the low bidder was not selected. Barbara Little explained that the low bidder submitted a shorter scope of work, .and the Consultant Review Committee felt a more comprehensive and realistic proposal was presented by RJN Group. Trustee Rosenthal made a motion to authorize the Mayor to sign the consultant services agreement for Phase I and Phase II Engineering Services Board of Trustees Meeting October 5, 2005 Page 7 of 7 for the. Rosemary Terrace /Orchard Street/Todd Court Infrastructure Improvements with RJN Group in an amount not to exceed $122,352. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal,.Seiden, Struthers, Wylie (6) NAYS: None (0) DISCUSSION RETAINING WALL AT CHESTNUT Trustee Wylie suggested that the retaining wall at AND DEERFIELD ROAD the train station be removed an d replaced with something fitting an entrance to the downtown. He believes the existing retaining wall is inconsistent with the quality of work done in the village. ZONING ORDINANCE Trustee Wylie asked if staff could be directed to internally study further the bulk regulations of the zoning ordinance. He would like 'a comparative analysis with other communities. Mayor Harris believes the issue needs to be addressed. He will let the Board know how he would like to proceed. SIDEWALK AND CURB Trustee Seiden complimented the sidewalk/curb IMPROVEMENTS improvements. He noted there were not a lot of resident complaints, and a conscientious job was performed. SARA LEE SCULPTURES Trustee Struthers asked that Jean Spagnoli's recommendation regarding the maintenance of the three Sara Lee sculptures be considered as soon as possibleoard. It will be added to the October 17`h agenda. ADJOURNMENT There b ng no the business to discuss, the meeti as adiour d at 10:00 P.M. Mayor 1 1 1