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10/17/2005October 17, 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 Monday, October 17, 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 members of the First Presbyterian Church Boy Scout Troop to lead those in attendance in reciting the Pledge of Allegiance. The scouts are working on their Citizenship in Community badge. APPROVAL OF MINUTES Trustee Benton made a motion to approve the minutes of the October 5, 2005 Board of Trustee meeting. Trustees Wylie, Rosenthal and Struthers made minor corrections. Trustee Wylie seconded the motion to approve the minutes as amended. The motion passed unanimously. PROCLAMATION Mayor Harris proclaimed the week of November 6, 2005 —November 12, 2005 as Marine Week in Deerfield. Sgt. Christopher P. Green, Marine Corps recruiter, accepted the proclamation. Sgt. Green explained that recruiting has become more difficult and encouraged young men and women to wear the Marine Corps uniform and serve the country. BILLS AND PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll dated October 17, 2005. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the September 30, 2005 Treasurer's Report. Sales tax has increased 14.4% from September, 2004. Building permits and water sales remain strong, and expenditures are under projection. Board of Trustees Meeting October 17, 2005 Page 2 of 7 REQUEST TO ADD DISCUSSION OF A CONSTRUCTION MANAGEMENT ORDINANCE TO AGENDA consideration at this meeting. Trustee Feldman requested that an ordinance requiring construction management companies to provide the village with a 24 -hour emergency phone number be added to New Business for Trustee Feldman made a motion to add the discussion under New Business. Trustee Rosenthal seconded the motion. The motion passed unanimously. FINE ARTS COMMISSION. Mayor Harris explained that Maer Davis, Chairman of the Fine Arts Commission is moving from Deerfield. He recommends Jeff Marks for the new chairman of the Commission. Trustee Rosenthal made a motion to appoint Jeff Marks as chairman of the Fine Arts Commission. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) PUBLIC COMMENT There was no public comment on non agenda items. REPORTS REPORT AND RECOMMENDATION The Plan Commission held public hearings on OF PLAN COMMISSION REGARDING August 11, 2005 and September 22, 2005 to REQUEST FOR APPROVAL OF A consider the request for a special use to permit PLANNED RESIDENTIAL the resubdivision and a variation from the DEVELOPMENT SPECIAL USE TO subdivision code to allow a 68' wide diameter PERMIT A RESUBDIVISION OF 118 right -of -way for the terminus of the cul -de -sac in WILLOW AVENUE AND 119 FAIRVIEW lieu of the required 100' diameter right -of -way, and AVENUE, AND A VARIATION FROM a waiver of the sidewalk requirements. THE SUBDIVISION CODE TO ALLOW A 68' WIDE DIAMETER RIGHT -OF- Several residents expressed concern about the WAY FOR THE TERMINUS OF THE resubdivision, stating it will decrease the value of CUL -DE -SAC AND A WAIVER OF THE the adjacent properties. They believe the homes will SIDEWALK REQUIREMENTS be inappropriate for the neighborhood and will change the character of the neighborhood. In addition, the residents wanted to make sure subsequent builders will comply with the tree. agreements made by the current developer. Mr. Coblentz explained that any conditions required by the Board would be included in the ordinance. 1 1 1 Board of Trustees Meeting October 17, 2005 Page 3 of 7 Trustees expressed concern about the side yard setbacks, as they butt up against other property back yards. Lawrence Freedman, attorney for the petitioner, explained the set back of at least 20 feet will be binding in the ordinance. Trustees questioned the placement of trees and tree maintenance. Mr. Freedman explained that trees will be planted after the homes are built. . Trustee Wylie explained that lots are approximately 60 %larger than the minimum lot requirement. By leaving then! larger, the developer is allowing houses to be build that are out of character with the rest of the homes in the area. Trustee Seiden noted that not allowing a variance and having a 100' radius would not change the lot size; rather, it would just be adding more concrete. He roughly calculated the FAR, and the difference between a 100' diameter and a 68' diameter would be approximately 350 — 400 square feet. He . believes the trade off would be a slightly larger house for added green space. In addition, the developer is agreeing 'to 20' setbacks. It was agreed that the petitioner would take a break from the meeting to discuss issues raised by the Board. CONSENT AGENDA ORDINANCE 0 -05 -39 AMENDING THE An ordinance permitting one identification wall ZONING ORDINANCE OF THE sign not exceeding six square feet in area for a VILLAGE OF DEERFIELD non- profit organization operated in conjunction IDENTIFICATION SIGNAGE FOR A with Christ United Methodist Church, 600 NON - PROFIT ORGANIZATION Deerfield Road, in a residential district. Second OPERATED IN CONJUNCTION WITH Reading. A PLACE OF WORSHIP — 2R ORDINANCE 0 -05 -40 AUTHORIZING AN AMENDED SPECIAL USE INCLUDING NECESSARY VARIATIONS TO PERMIT RENOVATIONS TO CHRIST UNITED METHODIST CHURCH — 2R ORDINANCE APPROVING A SPECIAL USE FOR A RETAIL STORE OVER 10,000 SQUARE FEET AT CADWELLS CORNERS SHOPPING CENTER — 1 R ORDINANCE APPROVING VARIATION IN REQUIRED FRONT YARD SETBACK FOR PROPERTY AT 130 FAIRVIEW — 1R An ordinance granting an amendment to a special use to permit certain improvements and renovations to the existing Christ United Methodist Church building. Second Reading. An ordinance approving a special use for a retail store over 10,000 square. feet at Cadwells Corners Shopping Center (Stein Mart). First Reading. An ordinance 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. First Reading. Board of Trustees Meeting October 17, 2005 Page 4 of 7 Trustee Struthers made a motion for acceptance of the Consent Agenda and adoption of the two ordinances. 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 0 -05 -41 AMENDING THE An ordinance amending the sewer rate ordinance. SEWER RATE ORDINANCE — 2R Second Reading. Trustee Wylie made a motion to amend the sewer rate ordinance to increase .fees for sanitary sewer service. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ORDINANCE 0 -05 -42 APPROVING An ordinance approving a variation to permit a VARIATION IN REQUIRED SIDE YARD two -car garage addition with an east side yard FOR PROPERTY AT 1003 HAZEL setback of 5 feet in lieu of the required 25 -foot AVENUE —1 R reversed corner side yard setback along the east side of the property. First Reading. Trustee Rosenthal made a motion to waive the rules for First Reading, as requested by the petitioner. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) Trustee Rosenthal made a motion to approve the variation to permit a two -car garage addition with an east side yard setback of 5 feet for the property at 1003 Hazel Avenue. Trustee Benton seconded the motion. The motion was passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ORDINANCE FOR MAYOR TO SIGN Trustees briefly discussed the agreement and FIVE YEAR CONTRACT WITH ONYX believe the only issue is the size of the recycling WASTE SYSTEMS carts. Onyx suggested the 64 gallon size. The Board of Trustees Meeting .October 17, 2005 Page 5 of 7 trustees believe residents should have a choice, but Jeff Hayes from Onyx explained residents would have to commit to a 35 gallon cart by a certain date. Staff will see that residents are informed of what options are available to them. Trustee Wylie made a motion to. authorize the mayor to sign a five year contract with Onyx Waste Systems. Trustee Rosenthal seconded the motion. The motion passed; by the following vote:. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO SIGN . The Board discussed an agreement to clean and CONTRACT FOR CLEANING OF preserve three sculptures originally donated by the SCULPTURES Sara Lee Corporation. Trustee Wylie made a motion to authorize the. signing of a contract for cleaning of the sculptures with American Conservators, Inc. in the amount of $14,200. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO PURCHASE The Director of Public Works and the utilities WATER METERS FROM MIDWEST foreman request that the Board waive the formal METER, INC. bidding procedure and authorize the purchase of water meters and associated supplies from Midwest Meter Inc. on an as- needed basis. Trustee Wylie made a motion to waive the formal bidding procedure and authorize the purchase of water meters and associated supplies from Midwest Meter Inc. on an as- needed basis up to the budgeted amount of $85,000. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) HORWITCH PETITION The Board resumed discussion on the Horwitch subdivision. Mr. Freedman explained that if a 100' setback was maintained, everything would move to the north. He believes Trustee Wylie's concern was not with the pavement but with the size of the homes. Mr. Freedman would go back to the same size Board of Trustees Meeting October 17, 2005 Page. 6 of 7 house as if a 100 foot setback were imposed. He believes the lot size would be approximately 500 square feet smaller and the house sizes could be a maximum of 6900 square feet. Mr. Freedman does not believe the lots lend themselves to houses that large, however. Trustee Benton made a motion to accept the report and recommendation of the Plan Commission regarding the resubdivision of 118 Willow Avenue and 119 Fairview Avenue. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES:. Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ORDINANCE AMENDING THE CONSTRUCTION MANAGEMENT ORDINANCE REGARDING NEW ENFORCEMENT PROVISIONS The village attorney presented an ordinance amending the construction management ordinance regarding new enforcement provisions. Trustees believe the ordinance and additional items need to be discussed at a Committee of the Whole meeting. Trustee Seiden made a motion to table the matter. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES:. Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)' NAYS: None (0) ORDINANCE 0 -05 -43 AMENDING THE CONSTRUCTION MANAGEMENT ORDINANCE REGARDING A 24 -HOUR An ordinance amending the construction management ordinance by requiring contractors to provide the village with a 24 -hour emergency EMERGENCY PHONE NUMBER phone number. Trustee Rosenthal made a motion to waive the First Reading of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) Trustee Feldman made a motion to amend the construction management ordinance by requiring contractors to provide the village with a 24- hour emergency phone number. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) 1 1 1 Board of Trustees Meeting ..October 17, 2005 Page 7 of 7 DISCUSSION FARMER'S MARKET Mayor Harris thanked Joan and Brian Reed, Pat and Tom Jester, and Joanne Kunz for making the Farmer's Market a phenomenal success. NEXT MEETING Bob Franz noted the next meeting will be held on Monday, N ber 7, 2005. ADJOURNMENT There in o her business to discuss, the me ing w adjo rned at 9:25 P.M. PPRO Mayor ATTEST: Village Clerk LD