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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: 1 1 Board of Trustees Meeting April 17, 2006 Page 2 of 8 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 Page 3 of 8 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 Board of Trustees Meeting April 17, 2006 Page 4 of 8 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) 1 1 1 r' 1 1 Board of Trustees Meeting April 17, 2006 Page 6 of 8 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 �1 1 Board of Trustees Meeting April 17, 2006 Page 8 of 8 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