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03/19/2007March 19, 2007 . 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 March 19, 2007 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 Acting Village, Attorney Judy Kolman and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE John Coughenour, Immediate Past President and Doug Heinrichs, Secretary /Treasurer of the Optimist Club of Deerfield, led those in attendance in reciting the Pledge of Allegiance. Mr. Heinrichs briefly spoke about the mission of the Optimist Club. He explained that the club is dedicated to helping kids. They have an essay contest to help children with special needs and a scholarship program for high school students who provide service to the community. PROCLAMATION Mayor Harris proclaimed March 18 — 24, 2007 as Youth Appreciation Week in Deerfield. Trustee Rosenthal made a motion to accept the proclamation. Trustee Benton seconded the motion. The motion passed unanimously, and the proclamation was presented to Mr. Heinrichs. APPROVAL OF MINUTES Trustee Benton made a motion to approve the minutes of the March 5, 2007 board of trustees meeting and the March 1" committee of the whole meeting. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Seiden, Struthers, Harris (4) NAYS:. None (0) .ABSTAIN: Feldman, Rosenthal (2) BILLS & PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated March 18, 2007. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) Board of Trustees Meeting March 19, 2007 Page 2 of 11 TREASURER'S REPORT Bob Fialkowski presented highlights from the February Treasurer's Report representing 83% of the fiscal year. Mr. Fialkowski noted that revenues are above budget and that expenditures should end up below budget. REPORT. ON DEPARTMENTAL Jeff Ryckaert highlighted the major activities of the OBJECTIVES — COMMUNITY' . planning division. Some of the major activities DEVELOPMENT are the window signage and northwest quadrant proposals. Clint Case explained that building division activity is slowing down, but there are still a number of spec houses and a backlog of demolition permits. Over the past six months, they have completed 1,100 inspections compared to 1,700 inspections completed during the same time last year. Mr. Case explained that Walgreens corporate offices are growing and taking over a major portion of the southwest quadrant. He explained that a primary objective over next six months is to update current codes. Also, they will do an examination of the fee schedule to make sure Deerfield. is in line with surrounding communities: PUBLIC COMMENT There was no public continent. REPORTS REPORT AND RECOMMENDATION The Board of Zoning Appeals held a public hearing OF BOARD OF ZONING APPEALS on February 21, 2007 to consider a request for a RE: REQUEST FOR SIDE YARD variation to. allow construction of a one -story garage VARIATION FOR 1203 addition to the southwest corner of the existing BLACKTHORNE single family residence. The new construction would extend the south line of the existing residence to the west 16 feet and within 6.54 feet of the south property line in lieu of the required 8 feet. The proposed addition would encroach into the required side yard setback by 1.46 feet. The BZA recommends approval of the petitioner's request. Trustee Rosenthal made a motion `to accept the report and recommendation of the Board of Zoning Appeals and to direct preparation 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) REPORT AND RECOMMENDATION The Plan Commission held a. public hearing on OF PLAN COMMISSION RE: REQUEST FOR SPECIAL USE TO ESTABLISH A CAR WASH, INCLUDING NECESSARY VARIATIONS, ON THE CITGO PROPERTY AT 1456 WAUKEGAN February 8, 2007 to consider a request for a special use, including the necessary variations, to establish a car wash for the Citgo property at 1456 Waukegan Road. The Plan Commission recommends approval of the petitioner's request. Board of Trustees Meeting March 19, 2007 Page 3 of 1.1 Attorney Paul Diambri spoke on behalf of Deerfield Citgo. He explained that they propose building a single stall, state -of -the -art, touchless car wash facility. The onsite construction would include construction of the pad and utilities. The proposed car wash would be oriented in a north -south direction at the rear of the property, per the plan commission's request. Planters and directional signage would aid traffic flow. Mr. Diambri explained that an existing building, which houses a pet - grooming salon, would be demolished to make room for the. car wash. The coloring and roof materials would match the. existing Citgo station, so it would be consistent with what is already onsite. Trustee Feldman questioned the traffic flow. Tim Doron, principal with KLOA Traffic Engineers, explained cars may have to turn around within the Citgo property. Trustee Feldman believes the queued up cars would make it difficult for cars. to turn around..Mr. Doron believes there could be traffic signage to assist in clearing the area in front of Tony's Subs. Trustee Struthers believes there would be a problem during lunchtime between workers and high school students going to Tony's Subs and car wash patrons. Trustee Struthers believes the existing traffic problems on Hunter Court would be made worse with the addition of a car wash. Mr. Doron explained that they performed a car wash patron count at similar locations and found the greatest number of patrons during any hour was nine. Mr. Doron believes the issues would be controlled through signage. Trustee Benton explained that when the Citgo gas station was erected, they tried to reduce the number of curb cuts. He expressed concern about entering the car wash because of the stacking area. Trustee Benton. explained that there is stacking when patrons are trying to exit the beauty shop. Mr. Diambri believes that no more than three cars would be in queue, and they would tune up the signage as needed. Trustee Seiden questioned how many cars could stack for the car wash. Mr. Diambri explained that five cars could stack before covering any parking spaces. Trustee Feldman questioned how a car could exit the stacking area. Mr. Diambri explained that cars could be bypassed on the west. Trustee Benton questioned the Metra lease. Mr. Diambri explained that the existing Metra license is for parking. They are currently working on a new license agreement to allow the new use. Mr. Diambri explained that the license is not for a specific time; rather, the ordinance would be removed if the Metra lease was terminated. Dan Boote, 980 Hunter Court, explained that it is very difficult to turn left from Hunter Court due to the curve of the road coming from the north. He believes additional cars would increase the possibility of accidents Chris Looby, 1035 Hunter Court, explained that he moved into his house knowing it was across the street from a gas station; however, since he moved into his home, the gas station added a mini mart, which increased traffic. He is opposed to anything that will further increase the intensity of the use. Mr. Looby asked that the trustees consider the increase in volume that would be necessary to offset the expenditure of the car wash. He also questioned what else might be added to this convenience site. Mr. Looby expressed concern about the illuminated sign that would be located adjacent to his home. He does not believe this is the appropriate location, and it does not blend with the neighborhood. Dave Batscheider, 1730 Portage Pass, commented that the gas station is very clean and in a good location. He is glad the dog grooming location Board of Trustees Meeting March 19, 2007 Page 4 of 11 would be removed. He believes the revenue that would be generated would very positive and would like to see this carwash in Deerfield. Ed Manachuck, 1040 Hunter Court, reported that, although it is difficult making turns, he has not seen any increase in traffic since the mini mart opened. Mayor Harris questioned Michael Swartz, Chairman of the Plan Commission, about his vote on this issue. Mr. Swartz does not believe there is enough space, and the car wash does not fit on the site. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission. Trustee Benton seconded the motion. The motion did not pass by the following vote: AYES: None (0) NAYS: Benton, Feldman; Rosenthal, Seiden, Struthers, Wylie (6) REPORT AND RECOMMENDATION The Plan Commission held a public.hearing on OF PLAN COMMISSION RE: REQUEST February 8, 2007 to consider a request for a special FOR A SPECIAL USE TO ESTABLISH . use to establish a bank in Deerfield Shoppers Court A BANK IN DEERFIELD SHOPPERS at 660 Deerfield Road and site improvements to COURT FOR DEERFIELD BANK & Shoppers Court. The Plan Commission TRUST AT 660 DEERFIELD ROAD recommends approval of the petitioner's request. AND SITE IMPROVEMENTS TO SHOPPERS COURT REPORT AND RECOMMENDATION The Village Center Development Commission held OF VILLAGE CENTER DEVELOPMENT COMMISSION RE: REQUEST FOR A SPECIAL USE TO ESTABLISH A BANK IN DEERFIELD SHOPPERS COURT FOR DEERFIELD BANK & TRUST AT 660 DEERFIELD ROAD AND SITE IMPROVEMENTS TO SHOPPERS COURT contribution to the village, as the bank we a workshop meeting on February 6th to consider A request for a special use to establish a bank in Deerfield Shoppers Court at 660 Deerfield Road and site improvements to Shoppers Court. The VCDC believes the trustees should look into the truck loading . for the Amish Furniture Shoppe as it affects parking acrd access in the drive aisle adjacent to the truck loading. .They also.. recommended. that the petitioners consider a ►uld not generate any sales tax to the village. Richard Rushkewicz, CEO of Northbrook Bank and Trust, explained that they are not like large banks. He believes their competition would bring choices to the community and they have an array of services, from cradle to retirement services, including some that are not offered by the other banks in.the community. They promote joint marketing. efforts with local merchants, which creates a win-win situation.. Mr. Rushkewicz . noted that Northbrook Bank and Trust currently has more than 500 accounts from Deerfield residents. Board of Trustees Meeting March 19, 2007 Page 5 of 1,1 Tiustee Benton expressed concern about the truck loading behind Amish Furniture. Tim Doron explained that he ran a turning span study and, after the reconfiguration and traffic calming, larger trucks would not be able to enter or exit from the west. Mr. Doron explained that Amish Furniture could use a. 50 -foot truck and there would not be any problem. He believes larger trucks could exit on Rosemary and approach the site from the east. Trustee Seiden questioned whether the special use should be tied to the improvements. 'Amy Kurson, attorney With Greenberg, Traurig, LLP, explained that the landlord has decided to make improvements to the center if he has the income stream from the bank. Trustee Struthers asked about the improvements. Jack Frigo from Frigo and Company explained that the building would look different where Shelby's was located: Trustee Struthers questioned why. the parking lot would not be resurfaced. Mr. Frigo explained that they would add landscaping islands and reorient the parking lot, as well as patch, reseal and restripe the parking lot. They would be installing perimeter landscaping, as well as cleaning and consolidating the dumpster area. Mr. Frigo explained that the traffic organization and landscape plan enhance and soften the center. The driveway would be softened and would be consistent with some of the comprehensive plan exhibits. Mr. Frigo explained that the entire parking lot would probably be resurfaced in a few years. Trustee Struthers questioned the improvements to the rear of the property. Mr. Frigo explained they would remove the shed and cliimney. They would .tuck point the north and west walls of Amish Furniture, as well as repaint the elevations. The. east walls would be tuckpointed, as necessary. Mr. Frigo explained that the air conditioning units Would be relocated to the roof and appropriate screening would be added. He explained they would clean, light, pave and install drainage to the parking lot. The proposed bank would install a courtyard with seating and landscaping. There would be a rear entrance to the bank. Trustee Feldman questioned what improvements would be made if the bank was not improved. Mr. Frigo responded that some of the improvements would be made, but they could not do everything without the rental income from the bank. Jolur Myefski from Myefski, Cook Architects Inc. briefly discussed the architectural elements. He explained that the south and east elevations would be refaced by adding windows and new doors. Mr. Myefski explained they would use similar brick, limestone and an accentuating corner element to .blend with the downtown. Mayor.. Harris asked what retail uses could be expected, should the bank not be approved. Mr. Frigo explained that the space has been vacant since June, and no upscale retailers have expressed interest. Jan Derdiger; 247 Forest Way Drive, believes a . locally operated bank is a good idea. He does not believe there is a bank in Deerfield that provides the same service. Mr. Derdiger believes the proposed improvements would benefit the village in the long run, which will improve the tax base. Frank Azelt, 814 Spruce; believes it would be a big improvement to have a community bank in Deerfield. He believes the added rent that a bank Board of Trustees Meeting March 19, 2007 Page 6 of 11 could bring to the shopping center would create a nicer shopping center for the village. He does not know why the. board would not support this type of bank in Deerfield. John Sciarretta, 920 Birch Court and owner of Italian Kitchen, briefly discussed the improvements made to the shopping center already. He explained that the bank would not be taking the entire open space, so new retail could still go into the center. Margie Stone, 531 Hermitage, does not believe Deerfield needs another bank in town. She commended the bank for their community involvement, but explained they are not locally owned because there is a bank holding company. Ms. Stone does not believe the village can support more retail either, but does not want to give up retail space for another bank in Deerfield. Trustee Rosenthal commented that the proposed bank. is a only small portion of the center. Because it is an improvement to an existing space, she is a bit more comfortable. She questioned what would happen if the retail space was not rented in a year, and asked if the bank building would then be expanded. Mr. Frigo explained they are working with retailers for the available space and do not believe it would be difficult to rent. Most of the interest is in the available space, not the proposed bank space. Trustee Rosenthal explained that one of the criteria is compatibility with existing development. She is struggling to find how this meets those criteria. Mr. Frigo explained that the proposed bank would absorb vacant space in the center. He also believes the bank would bring additional consumers into the retail stores, which would be good for the village. He does not believe the proposed bank competes with the other properties; rather, it would help them. Trustee Struthers questioned what would happen if the bank requested a drive -thru. Mr. Frigo explained that they have long -term leases with the tenants. If the bank approached ownership to appeal for a drive thru, they would talk to the trustees, who would ultimately make the decision because it requires a special use permit. Ownership does not have plans to approve a drive thru. Trustee Wylie explained that the comprehensive plan states that this property should used for ground floor retail. Mr. Swartz explained that, during the public hearing, he changed his mind and now supports the bank. He noted that US Bank did not say anything about the proposed bank, and he believes that having a local bank in Deerfield is important. Mr.. Franz summarized that the Plan Commission and VCDC recommendations that the special use for establishment of a bank and site improvements be approved. The VCDC believes that the petitioner should consider a sales tax contribution to the village. Mayor Harris recommended discussing the bank first, then the ancillary requests. Trustee Seiden explained this is a difficult decision because the comprehensive plan calls for first floor retail in the village center. This space is in Board of Trustees Meeting March 19, 2007 Page 7 of 11 the heart of Deerfield and will complement the other quadrants. He believes retail should be given a chance in that space, before putting in a non- retail use. Trustee Struthers explained there was one caveat in the Plan Commission report that stated that if the bank leaves that location, the space would revert to retail use. Mayor Harris explained that maintaining a community bank seems to be important to the trustees. If it is approved, the special use, aside from being site - specific,. should be changed should the bank be sold to a national bank.. Trustee Benton made a motion to.accept the reports and recommendations from the Plan Commission and Village Center Development Commission regarding the request for a special use to establish a bank in Deerfield Shoppers Court for Deerfield Bank & Trust at 660 Deerfield Road. Trustee Rosenthal seconded the motion. The, motion did not pass by the following vote: AYES: Benton, Struthers (2) NAYS: Feldman; Rosenthal, Seiden, Wylie (4) REPORT AND RECOMMENDATION OF PLAN COMMISSION RE: SPECIAL USE FOR A T- MOBILE WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED ON THE VILLAGE WATER TOWER PROPERTY AT 700 KATES ROAD The Plan Commission held a public hearing on January 11, 2007 to consider a request for a special use to permit a wireless communication facility to be located on the village water tower property at 700 Kates Road. The Plan Commission recommends approval of the petitioner's request. Trustee Feldman asked what would happen if the village wants to paint the tower and questioned the safety of the employees. Phil Kiraly explained that T- mobile would relocate their antenna until the tower is repainted. The employees who inspect the tower have very few instances that they will be in the range of the anteiuias for a long period of time. The employee would be on the.catwalk behind the antennas. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and to direct preparation of the ordinance. Trustee. Struthers seconded t11e motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0)' REPORT AND RECOMMENDATION OF-THE SELECTION COMMITTEE RE: VILLAGE OWNED PROPERTIES ALONG DEERFIELD ROAD IN THE NORTHWEST QUADRANT OF THE VILLAGE CENTER Trustee .Wylie reported that the village board approved an RFP for redevelopment of the village owned property along the north side of Deerfield Road between Waukegan Road and the railroad tracks. The task force has narrowed the proposals to two finalists (CRM Properties and Focus Development) that include a mixed use approach including residential, retail; structured parking and, in one proposal; office. space. 1 F_j .: 1 1 1 Board of Trustees Meeting March 19, 2007 Page 8 of 11 Trustee Wylie made a motion to accept the report and reconvnendation of the selection committee regarding village owned properties along Deerfield Road in the northwest quadrant of the village center and to refer the matter to a fiuture committee of the whole. Trustee Struthers 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 -07 -13 GRANTING A An ordinance granting a variation for setbacks for VARIATION FOR CERTAIN the property known as 216 Kenmore Avenue. PROPERTY COMMONLY KNOWN AS Second Reading.. 216 KENMORE AVENUE — 2R. RESOLUTION R -07 -07 FOR 2007 MFT A resolution appropriating and authorizing STREET REHABILITATION PROGRAM maintenance expenditures for the 2007 street rehabilitation program. Trustee Struthers made a motion to accept the consent agenda and adopt the 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 There was no old business. NEW BUSINESS ORDINANCE 0 -07 -14 AMENDING An ordinance amending Chapter 3 of the Municipal CHAPTER 3 OF THE MUNICIPAL Code to increase the number of authorized Class E CODE TO INCREASE THE NUMBER liquor licenses fiom fourteen (14) to fifteen (15) for OF AUTHORIZED CLASS. E LIQUOR Wok's Cooking Restaurant at 475 Lake Cook Road. LICENSES FROM 14 TO 15 The petitioner has requested a waiver of the rules. Trustee Wylie made a motion to waive the first reading of the ordinance. Trustee Seiden seconded the motion. The motion passed by the following.vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) Board of Trustees Meeting March 19, 2007 Page. 9 of 11. Trustee Wylie made a motion to adopt the ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) REQUEST FOR APPROVAL :OF Mr. .Kiraly explained this would allow T- Mobile to GROUND :ILEASE WITH T'= MOBILE place their cellular communications facility on the CENTRAL, LLC.FOR PLACEMENT water tower. There would be a 24 -year lease at OF CELLULAR COMMUNICATIONS $24,000 per year with a 4% increase after the first FACILITY ON THE KATES ROAD year. WATER TANK Trustee Benton made a motion to approve the ground lease with T- Mobile Central, LLC for placement of the cellular communications facility on the Kates Road water tower. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO APPROVE EXPENDITURES FOR AUDIO VISUAL EQUIPMENT AND INSTALLATION FOR THE VILLAGE HALL EXPANSION AND RENOVATION PROJECT Mr. Kiraly explained that staff has been working with consultants to.develop a list and design of equipment for the new village hall. The equipment would cover electronics, cameras, projectors and general electronics equipment to meet the audio visual needs of the building. The equipment and installation are on state contract. Staff.is requesting authorization to enter into an agreement with the state approved vendor, AT & T, in. an amount not to exceed $176;708: Trustee Rosenthal made a motion to authorize staff to utilize the state contract with AT &T for audio - visual equipment and installation for the village hall expansion and renovation project in an amount not to exceed $176,708. Trustee Seiden seconded the motion. The motion passed by the following vote: . AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO ENTER INTO Mr. Kiraly explained that the village is in the fourth AN AGREEMENT FOR CONTINUED year of involvement with the GI.S Consortium. He SUPPORT SERVICES WITH explained staff finds this service an invaluable tool MUNICIPAL GIS PARTNERS, INC. and are very pleased with the performance of GIS FOR GIS SERVICES Partners, Inc. He requested authorization to enter into an agreement for continued GIS support services with GIS Partners, Inc. in the amount of $66,094 1 J 1 1 1 Board of Trustees Meeting March 19, 2007 Page 10 of 11 Trustee Wylie made a motion to enter into an agreement for continued GIS support services with GIS Partners, Inc. in an amount not to exceed $66,094. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH OWEN AYRES & ASSOCIATES FOR PROFESSIONAL SERVICES RE: PHOTOGRAMMETRIC MAPPING AND AERIAL PHOTOGRAPHY instead of waiting another year. Mr. Kiraly explained this would be the fourth year the village is working with Owen Ayres & Associates to provide photogrammetric mapping and aerial photography. services to the village. What was originally a 5 -year program should be completed in .4- years. The benefit is that the village can take advantage of 2007/08 pricing Trustee Rosenthal made a motion to enter into an agreement with Owen Ayres & Associates for photogrammetric mapping and aerial photography services in an amount not to exceed $25, 618. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO APPROVE Mr. Franz explained that he authorized work. under CONTRACT FOR REPLACEMENT OF the emergency repairs provision of municipal code. GAS FUEL LINES AT THE PUBLIC There was a leak in one of the. fuel lines at public WORKS GARAGE UNDER THE works and they found other leaks in the system. EMERGENCY REPAIRS PROVISION A proposal was received.from the only contractor OF THE MUNICIPAL CODE that would respond immediately. The work was authorized because it was important to get back on line. The board was asked to retroactively approve the contract with ABD Tank & Pump Co: in an amount of $29,800. Trustee Wylie made a motion to approve the, contract in the amount of $29,800. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) DISCUSSION COMMITTEE OF THE WHOLE Mayor Harris requested that the Committee of the Whole budget meeting scheduled to follow this board meeting be moved to Thursday evening at 7:00 p.m. due to the late hour. Board of Trustees Meeting March 19, 2007 Page 11 of 11 TRAILERS.PARKED IN DRIVEWAYS Trustee Rosenthal has received calls from residents because their neighbors park a trailer permanently in the driveway. She explained there is an ordinance stating that trucks with advertising cannot not be parked in residential driveways but believes there is still a problem insofar as recreational vehicles are concerned. Trustee Rosenthal requested that staff look into the issue and make a recommendation. TRUSTEE IN THE TOWN Trustee Seiden reported that he and Trustee Benton will beat the Deerfield Library on March 31 S` from 9:00 — noon for Trustee in the Town. NEXT MEETING because of the Passover holidays. ADJOURNMENT ATTEST: Village Clerk Mr. Franz reported that the next board of trustees meeting wi eh d on Wednesday, April 4, 2007 no 4lier business to discuss, the adj 4utned at 10:25 p.m. &I 1 1 I.