04/17/2006April 17, 2006
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, April 17, 2006 at
7:30 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 Bob Speckman led those in attendance in reciting
the Pledge of Allegiance.. Mr. Speckman discussed
the charge of the Board of Zoning Appeals. He explained the BZA is an advisory board, which
meets on Tuesday nights, on demand. They have received several requests for side yard
variations during the past year.
APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the
minutes of the April 3, 2006 Board of Trustees
meeting. Trustee Struthers seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Wylie made a motion to approve the bills
and payroll dated April 17, 2006. Trustee Seiden
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
March 31, 2006 Treasurer's Report, which
represents 92% of the fiscal year. He explained operating expenses are slightly below budget
and the general fund and water fund are doing well. Mr. Fialkowski noted they are not getting
the Walgreens Rebate information in a timely manner from the Department of Revenue.
APPOINTMENTS TO BOARDS AND Mayor Harris announced they have two candidates
COMMISSIONS for board and commission appointments. He
recommended the appointment of Laura Hauser to
the Safety Council and James Moyer to the Board of Zoning Appeals. Trustee Rosenthal made a
motion to approve the board and commission appointments. Trustee Seiden seconded the .
motion. The motion passed by the following vote:
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Board of Trustees Meeting
April 17, 2006
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AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
PUBLIC COMMENT
Marvin Kayne, 1219 Walden, believes the mayor
did not. address his main concern in the letter
regarding the village hall reconstruction. Mr. Kayne read a statement requesting information
under the Freedom of Information Act about TIF 2 disbursements.
Ray Craig, First_ Presbyterian Church, was surprised
that the Village Center Development Commission was asked to study redevelopment of village
owned property in the northwest quadrant. He. explained the conclusions of the comprehensive
plan and many other studies have stressed the parking issues. Mr. Craig believes the VCDC will
send in a proposal to add a residential or mixed -use development. That would increase traffic
and would-not be beneficial to the safety of the preschoolers at the church or the park district.
Mr. Craig feels action by the board to accept the proposal would go against the comprehensive
plan, and that parking is needed in the northwest quadrant.
Ted Geisler, 610 Warwick, explained the contractor
next door installed a sewer line with no consideration given to the tree located on his property.
The builder does not claim any responsibility for the tree. Mr. Geisler suggests amending the
tree ordinance to require protection up to the drip lines. In addition, he would suggest opening
an escrow account for a period of 5 years, to care for trees damaged by builders. Trustee Seiden
explained the residential redevelopment task force has looked at the problem closely and there is
a provision in the tree ordinance to cover trees on adjacent properties.
Larry Dondenville, 717 Westgate Road, stated that
Mr. Kayne does not speak for the residents of the village. He requested a list of the people Mr.
Kayne supposedly represents, and apologized to the board for Mr. Kayne's conduct on behalf of
the residents.
REPORTS
REPORT AND RECOMMENDATION OF Mr. Franz explained this item has been removed
THE BOARD OF ZONING APPEALS RE: from the agenda at the petitioner's request. The
REQUEST FOR FRONT YARD contractor said their intention is to comply with the
VARIATION FOR 505 KINGSTON TERR. zoning ordinance
REPORT AND RECOMMENDATION OF The Plan Commission held.a public hearing on
PLAN COMMISSION RE: REQUEST
March 23, 2006 to consider a request for a Special
FOR A SPECIAL USE FOR A RETAIL
Use for a retail store over 10,000 square feet, with a
STORE OVER 10,000 SQUARE FEET
variation to allow 2 parking spaces to project into
AND AN AMENDMENT TO A PLAN-
the required 5 foot setback, sign modifications to
NED UNIT DEVELOPMENT FOR LAKE
permit the proposed east wall sign to be larger than
COOK PLAZA SHOPPING CENTER
the permitted square footage, the east and north wall
Board of Trustees Meeting
April 17, 2006
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signs to project over the roof deck of the, building
and an amendment to the sign criteria to allow the letters to be taller than allowed by the sign
criteria for the shopping center.
Leigh Behrman, Facilities Manager for The Tile
Shop, explained that The Tile Shop is a national retailer specializing. in tile and stone. He
explained the building is square and it is important that they have storefront signage. He
explained they are a destination store and do not advertise heavily. Mr. Behrman explained they
propose turning the north area of the store, which was the former'outdoor area at Frank's
Nursery and Craft, into a parking lot.
The Trustees discussed the reconfigured traffic
flow. Peter Lemon from Metro Transportation explained he did the traffic study for both
National City and The Tile Shop. He explained there will be additional stop signs on the internal
road. Trustee Struthers suggested restriping the area at the Lake Cook Road intersection,
because there is not an option to go north. Don Parker, Lake Cook Partners, responded that the
intersection will be restriped as part of the National Bank project.
Mr. Behfman explained the Plan Commission
requested additional plantings be added. There will be flowering crab trees added for balance as
well. as junipers and a variety of day lilies.
Trustee Rosenthal made a motion to accept the
report and recommendation of the Plan Commission for approval of a Special Use for a retail
store over 10,000 square feet and an amendment to a Planned Unit Development for Lake Cook
Plaza shopping center and to prepare 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)
Mike Burns, 521 Kingston Terrace, asked if the
motion approved larger signs. Mr. Burns explained the village has regulations and codes for
signage for a reason and does not know how increased signage will benefit the residents. Mr.
Burns believes granting a variation will prompt other retailers to ask for larger signs. Trustee
Benton explained the topography makes it difficult for shoppers to see the signs. The trustees
want the venture to be successful. The village. will gain tax revenue if the shop is successful.
The shopping center is long and deep. Before recommending a variance, the Plan Commission
reviews it to see if it is advantageous.
Mr. Behrman noted the signs are in compliance
with the code on the west and north elevations. The sign on the east is larger. Overall, the. sign
package falls within the total amount of square footage allowed.
REPORT AND RECOMMENDATION OF The Plan Commission held a Public Hearing on
PLAN COMMISSION RE: REQUEST FOR March 23, 2006 to consider a request for a
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April 17, 2006
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APPROVAL OF A SPECIAL USE FOR A Special Use for a bank with a.drive through at
BANK AND AN AMENDMENT TO A 677 Lake Cook Road, an amendment to the Home
PLANNED UNIT DEVELOPMENT. Depot PUD, a variation to allow 5 stacking spaces
instead of 6 spaces, sign modifications to allow the
east and west wall signs to exceed the maximum size allowed and to allow the west wall sign to
be located above the roof deck.
Trustee Wylie noted some potential conflicts with
the traffic using the bank and the people traveling toward the parking lot for Home Depot. He
believes the Home Depot traffic should be separated by closing off two driveways. He suggested
making'the median behind the bank continuous, to alleviate the problem. Laura Williamson
from Amcore Bank explained they have reduced some of the width by adding the median. She
believes it is an improvement to what currently exists. She explained they need customers to exit
and believes having a continuous median would force all traffic to exit on the frontage road.
Trustee Wylie believes traffic could turn left or right, but the.through lane should be closed.
Trustee Struthers asked why another bank is good
for Deerfield, while there . are currently 6 banks within a half -mile of the proposed location. .
Trustee Rosenthal believes placing another bank in the shopping center goes against the
requirements for a special use. She does not believe a short term fix will assist the village in the
long term.
Trustee Benton believes it is up to the residents and
the market to determine which business will succeed. If a bank does not provide the services that
are wanted by the customers, the bank will not succeed.
Trustee Wylie made a motion to accept the report
and recommendation of the Plan Commission regarding a request for approval of a special use
for a bank and an amendment to the Planned Unit Development with the modification that the
landscape islands are connected to separate traffic from the Home Depot parking lot. A Do Not
Enter sign will be added for the drive through lane. Trustee Seiden seconded the motion. The
motion passed by the following vote:
AYES: Benton, Feldman, Seiden, Wylie (4)
NAYS: Rosenthal, Struthers (2)
REPORT AND RECOMMENDATION
OF RESIDENTIAL REDEVELOPMENT
REVIEW TASK FORCE RE: REQUEST
FOR PROPOSED CHANGES RELATED
TO THE BULK ORDINANCE
wants homeowners to maximize, the value
are more user friendly.
A recommendation by the Residential Redevelop
ment Review Task Force regarding bulk regulations
affecting residential development.
_Trustee Seiden explained the task force held 10
meetings since November 2006. The task force
)f their homes and believes the recommended changes
The task force believes the lot width measurement;
FAR measurement of house and garage attics, inclusion of porches in the FAR and the height of
Board of Trustees Meeting
April 17, 2006
Page 5 of 8
turrets should go to the Plan Commission for public hearing on amending the zoning ordinance.
In addition, impervious surface coverage and driveway widfh changes should be addressed in an
ordinance amending the municipal code.
Trustee Struthers made a motion to accept the report
and recommendation of the Residential Redevelopment Review Task Force. 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 asked about the other items in the
report that did not result in recommended. changes. Trustee Seiden explained he does not believe
the other items. were within the guidelines of the task force. Mayor Harris explained Trustee
Feldman could ask staff to consider the issues and bring them up-to the Board.
Trustee Seiden explained there will be a well
written and simple explanation of what contractors can and cannot do in D- tails. The village
believes that residents and contractors should know the rules.
CONSENT AGENDA
ORDINANCE 0 -06 -15 ADOPTING An ordinance adopting the 2006 -07 annual budget.
ANNUAL BUDGET FOR 2006 -07 — 2R Second reading.
ORDINANCE 0 -06 -16 AMENDING THE An ordinance amending the Wage and Salary Plan.
WAGE AND SALARY PLAN — 2R Second reading.
ORDINANCE 0 -06 -17 APPROVING THE An ordinance approving the final plat of subdivision
FINAL PLAT OF SUBDIVISION FOR 119 for the properties at 119 Fairview and 118 Willow.
FAIRVIEW AND 118 WILLOW — 2R (Horwitch). Second reading.
ORDINANCE 0 -06 -18 AMENDING THE An ordinance amending the Municipal Code of the
MUNICIPAL CODE OF THE VILLAGE Village of Deerfield to provide for certain water rate
OF DEERFIELD TO PROVIDE FOR - increases. Second reading.
CERTAIN WATER RATE INCREASES -2R
Trustee Benton made a motion to approve the
Consent Agenda and adopt the ordinances. Trustee Struthers seconded the motion. The motion
passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
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Board of Trustees Meeting
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There was no old business.
OLD BUSINESS
NEW BUSINESS
ORDINANCE 0 -06 -19 RESERVING An ordinance reserving the volume cap in
VOLUME CAP IN CONNECTION connection with private activity bond issues and.
WITH PRIVATE ACTIVITY BOND related matters. First reading.
ISSUES AND RELATED MATTERS
Mr. Fialkowski explained that, as a Home Rule
Community, the village is annually allocated private activity bond cap for use in issuing
industrial revenue bond -type financing for local projects.. Deerfield's cap this year is
$1,554,080, and the :Village has received no specific requests to cede our allocation. The Village
has the option to reserve the allocation to itself prior to May 1" and staff recommends doing so.
Trustee Rosenthal made a motion to waive the first
reading 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)
Trustee Rosenthal made a motion to adopt
ordinance 0 -06 -19 reserving the volume cap in connection with private activity bond issues and
related matters. Trustee Wylie seconded the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ORDINANCE AMENDING MUNICIPAL
CODE OF THE VILLAGE OF DEER -
FIELD TO PROVIDE FOR THE
ISSUANCE OF BONDS TO FINANCE
AND REFINANCE PROJECTS OWNED
BY TAX EXEMPT 501(C) 3.ORGAN-
IZATIONS AND AMENDING CHAPTER
9 OF THE MUNICIPAL CODE OF
DEERFIELD, ILLINOIS — I
ORDINANCE AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED
$30,000,000 BONDS FOR THE
CHICAGOLAND JEWISH HIGH
An ordinance amending the Municipal Code of
the Village of Deerfield to provide for the issuance
of bonds to finance and refinance projects owned
by tax exempt 501 (c) 3 organizations.and
amending Chapter 9 of the Municipal Code of
Deerfield, Illinois. First reading.
An ordinance authorizing the issuance of Not to
Exceed $30,000,000 Bonds for the Chicagoland
Jewish High School project. First reading.
Board of Trustees Meeting
April 17, 2006
Page 7 of 8
SCHOOL PROJECT — 1R Mr. Fialkowski explained the Chicagoland
Conservative Jewish High School is asking the
village to sponsor a conduit financing to provide the fiinds to construct a new high school south
of Lake Cook Road. This financing, permitted under IRS rules for qualified organizations, will
allow the school to borrow fiends at a federal tax - exempt rate. Attorneys Richard Schoenstadt
and Vanessa Albert Lawry, representing CJHS, explained that the village will not be liable for
the repayment of the debt.
Mayor Harris explained this will stand as a first
Reading on these ordinances and that there will be a public hearing as part of the on May 1, 2006
village board meeting.
AUTHORIZATION TO SIGN AGRE- The Director of Public Works and Engineering
EMENT FOR DESIGN ENGINEERING explained that the village has pursued federal
SERVICES FOR SIDEWALK IMPROVE- funding to redesign and construct new sidewalk on
MENTS ALONG THE SOUTH SIDE OF the south side of Deerfield Road from Rosemary
DEERFIELD ROAD EAST OF ROSE- Terrace east to the bridge over the Middle Fork. A
MARY TERRACE feasibility study has shown that, while difficult due
to right -of -way and landscaping issues, a safer
sidewalk can be constructed. Under a Congestion Mitigation and Air Quality improvement
grant, the village's share of the costs would be a 20 % local match. Staff recommends retaining
Burns & McDonnell to provide design services at a cost of $19,355.66, of which the village
would pay $3,871.13
Trustee Wylie questioned why a 5' wide sidewalk
wide was being pursued rather than a 7' wide sidewalk which would also serve as a bike path.
Mr. Franz explained the village is trying to be realistic. They already have difficulties with the
golf course because'of the lack of property. If the Board wants the village to pursue a larger
sidewalk, the residential propert ies may be impacted. Ms. Little explained the norm for a bicycle
path is 8 — 10' wide. The minimum is 7'wide. Board direction is to get the largest sidewalk
possible.
Trustee Seiden made a motion to enter into an
agreement with Burns & McDonnell to complete design engineering services for the Deerfield
Road Sidewalk Improvement Project in an amount not to exceed $19,355.66, with the
specification that they attempt to design the widest possible sidewalk. 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 -06 -20 DECREASING An ordinance decreasing the number of Class E
NUMBER OF CLASS E LIQUOR LICEN- liquor licenses from 14 to 13, due to the closure of
SES FROM 14 TO 13 — 1R Banana Moon restaurant.
Trustee Rosenthal made a motion to waive the first
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April 17, 2006
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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 Rosenthal made a motion to adopt the
ordinance decreasing the number of Class E liquor licenses .from 14 to 13. Trustee Wylie
seconded the motion. The motion passed by the, following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
DISCUSSION
TEARDOWN FEES Trustee. Feldman directed staff to look into the
teardown fees for the village.
TRUSTEE IN THE TOWN
9:00 A.M.— 12:00 P.M. at the DeerfiO
ADJOURNMENT
ATTEST:
Village Clerk
Trustee Seiden noted Trustees Benton and Struthers