08/16/2010August 16, 2010
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Rosenthal in the Council Chambers of the Village Hall on Monday August 16,
2010 at 7:30 p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Alan Farkas
Thomas Jester
Mary Oppenheim
William Seiden
Barbara Struthers
Absent: Robert Benton
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Bobby Doebler from Boy Scout Troop 50 and
members of Boy Scout Troop 150 led those in
attendance in reciting the Pledge of Allegiance. The scouts are all working toward their
Citizenship in the Community merit badge.
MINUTES OF PREVIOUS MEETING Trustee Seiden made a motion to approve the
minutes from the August 2, 2010 Board of Trustees
meeting. Trustee Farkas seconded the motion. Trustee Jester made a correction. The motion
passed unanimously.
BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the
Bills and Payroll dated August 16, 2010. Trustee
Struthers seconded the motion. The motion passed by the following vote:
AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
PUBLIC COMMENT
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
REQUEST FOR A SPECIAL USE TO
PERMIT THE ESTABLISHMENT OF
A RESTAURANT FOR ROSEBUD
MARKET AND PIZZERIA AT 560
WAUKEGAN ROAD
There was no Public Comment.
REPORTS
The Plan Commission held a Public Hearing on
August 12, 2010 to consider the request for a
Special Use to permit the establishment of a
restaurant for Rosebud Market and Pizzeria at
560 Waukegan Road. The Plan Commission voted
5 -0 in favor of the recommendation.
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Board of Trustees Meeting
August 16, 2010
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REPORT AND RECOMMENDATION
OF THE VILLAGE CENTER
DEVELOPMENT COMMISSION RE:
REQUEST FOR A SPECIAL USE TO
PERMIT THE ESTABLISHMENT OF A
RESTAURANT FOR ROSEBUD
MARKET AND PIZZERIA AT 560
WAUKEGAN ROAD
The Village Center Development Commission held
a Workshop Meeting on July 7, 2010 to consider the
request for a Special Use to permit the
establishment of a restaurant for Rosebud Market
and Pizzeria at 560 Waukegan Road. The
Commission voted 6 -0 in favor of the
recommendation.
Mark Knauer from Knauer Architects Inc. and
Nancy Krause from Rosebud Market and Pizzeria were present. Mr. Knauer discussed the site plan,
stating they are proposing keeping the fagade similar to the former Baker's Square fagade, but they
would repair the stucco and paint the building red. They propose adding an awning valance around the
building, painting the green window frames black and generally redecorating and repairing the
building. Mr. Knauer stated they want to make the building appear as close to new as makes economic
sense. He noted they would also add plantings in front of the building.
Mr. Knauer stated they propose a new sign package which includes a monument sign in lieu of a pole
sign. The signs would be similar in size and construction to the Deerfield High School sign, but the
sign would be black with gold leaf trim. Mr. Knauer stated one issue they are facing is the screening
and buffering. He is convinced the screening and buffering to the west is not an issue and would work
with the neighbors to the southwest with a buffer.
Mr. Knauer stated the only contentious item is the proposed marquee lighting, which he has used
successfully in the past. They propose having 210 feet of lighting with five watt lamps at 12 inches on
center. Mr. Knauer stated the lamps would be incandescent lamps with an 8000 hour life, and proper
maintenance would take place. Mr. Knauer stated the other concern was setting a precedent within the
community. He has not observed this elsewhere, as this lighting is not appropriate for every
architectural vernacular.
Mayor Rosenthal noted that neighbors have expressed concern about parking on Central Avenue. The
parking counts seem to be within the guidelines of the ordinance. She does not believe Rosebud would
have patrons parking on the street and that it is likely Renu Day Spa customers parking on Central.
Mayor Rosenthal questioned where the valet parking would be located. Mr. Knauer responded that
they do not foresee valet parking will be required in the beginning, but on peak nights where valet will
be required, they will work within the ordinance. Mr. Knauer acknowledged that parking spaces
cannot be coned off for valet parking, but he does not have offsite valet parking plans at this time. He
will work with the Village when it is needed. Mr. Knauer feels the existing parking is adequate for
their needs. Mayor Rosenthal strongly recommends that when valet parking is needed, it be
complimentary. She believes that will be good for the restaurant and will promote good will in the
community.
Mayor Rosenthal raised the request for screening to the southwest for residents of Coromandel. Mr.
Knauer explained they have agreed to install the requested fencing, but they do not have a specific plan
at this point. Trustee Seiden mentioned that the Plan Commission suggested the petitioner meet with
the residents, but the meeting has not yet taken place.
Board of Trustees Meeting
August 16, 2010
Page 3 of 6
Mr. Street noted the petitioner would need to have specific information on the fencing before the
Second Reading of the Ordinance. Trustee Oppenheim noted much of the site line impact to
Coromandel is not from the restaurant; rather, it is the fire department. She believes any fencing, along
with the trees, will be more than sufficient.
ROSEBUD MARKET AND PIZZERIA The Appearance Review Commission reviewed the
APPEAL OF THE APPERANCE exterior improvements for Rosebud Market and
REVIEW COMMISSION VOTE ON THE Pizzeria on June 28, 2010 and July 26, 2010. The
PROPOSED MARQUEE LIGHTING Appearance Review Commission was not in favor
of the proposed marquee lighting with exposed bulbs.
Some ARC members believed the marquee lights to be a form of signage, helping to identify the
business. To illuminate a sign in the Village, the light source must be concealed, with no glare or
exposed light source. The ARC believes the proposed use of marquee lights is not in keeping with the
established character of Deerfield's Village Center. The Appearance Review Commission voted 7 -0
against the use of the marquee lighting.
ARC member Howard Shachter reported that the Commission had three reservations. First, there is an
ordinance prohibiting exposed lighting on signs. Technically, the name Rosebud on the awning is
adjacent to the lights, making it appear as an extension of the signage. Second is the maintenance
issue. Burned out lighting does not look good. Third is the precedent that will be set with other
businesses that want to use exposed lighting in a similar fashion. The Commission did not have a
problem with the building aesthetics. The building and lighting is very tasteful. From a literal
interpretation, the Commission asked for the Board's opinion, so they have direction on how to handle
the potential precedent.
Mayor Rosenthal noted the Plan Commission and the VCDC voted to recommend approval of the
lighting and the ARC recommends against it.
Trustee Oppenheim made a motion to approve the reports and recommendations of the Plan
Commission and the Village Center Development Commission for the Special Use for Rosebud
Restaurant and Pizzeria at 560 Waukegan Road, including the marquee lighting, as proposed. Trustee
Farkas seconded the motion. The motion passed by the following vote:
AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Mr. Knauer thanked the Board and asked if the First Reading of the Ordinance could be waived,
acknowledging that several details still need to be resolved. Trustee Farkas noted that Mr. Knauer is
experienced in this process, and the Village is excited that Rosebud is coming to this site. He hopes
the details come together quickly. Mayor Rosenthal agreed that the Village welcomes Rosebud, but
there is a process that needs to be followed, as the Board needs to give the public the opportunity to
react to things.
REPORT AND RECOMMENDATION Mr. Street reported that at the request of the
OF THE BOARD OF ZONING petitioner and at the director of the Mayor and
APPEALS RE: COMBINED SIDE YARD Board of Trustees, the Board of Zoning Appeals
VARIATION FOR 444 HERMITAGE reconvened a Public Hearing on July 13, 2010 to
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reconsider the request of Dr. William Miller for a combined side yard variation for the property located
at 444 Hermitage. The Plan Commission voted 5 -2 in favor of recommending the variation be granted,
with the restriction that the existing garage and proposed addition be limited to one story.
Bob Speckmann, Chairman of the Board of Zoning Appeals, explained that the majority of the BZA
members felt the standards for the variation have been met, as there was a new ordinance imposed on
something that was previously allowed. Trustee Struthers noted that when the Residential
Redevelopment Task Force discussed this, they found that non - conforming lots should be made
conforming with any new construction. She does not view this as a hardship case. There is a legal,
reasonable solution. Trustee Struthers noted the problem is temporary. Children will have vehicles
there for a short time and then will move out after a time. The garage, however, will be there for as
long as the house stands. Because there is no hardship, and it is a temporary situation and permanent
solution, she would not support the petition.
Ch. Speckmann noted the BZA felt there was a hardship, and there would still be enough separation
for light and ventilation. He noted the petitioner could build a separate, two -car garage that would
have substantial impact to both the property and neighbors, without a variance. Ch. Speckmann noted
that the proposed addition could have a positive effect on drainage while the separate garage may have
a negative effect.
Trustee Seiden thanked the BZA members for their hard work, but he does not agree with their
conclusion. The existing zoning restrictions should have been considered when the property was
purchased. Most residents are more than satisfied with the results from the Task Force. Residents of
Poets Corner did petition for no change, and the Task Force took that into consideration, adding that
the changes were put in place for all residents. Trustee Seiden believes the governing consideration is
whether the garage can be built on an alternate site on the property. The ordinance is clear, and a
neighbor is asking for the ordinance to be upheld. A two -car garage can be put on an alternate location
on the property, and in his view, this particular case is a personal hardship, not a hardship. If the
variation is granted, the Board is not being fair to Dr. Miller's neighbor.
Trustee Farkas believes both Trustee Struthers and Trustee Seiden made some good points, but Ch.
Speckmann and the Board of Zoning Appeals have a well articulated position as well. Based on the
criteria, he believes there is justification for the variance. Trustee Farkas believes the rules need to be
interpreted in ways that make sense. He does not want to do something less desirable for the property
and the trees and feels the variation request should be supported.
Trustee Jester stated this property is not a tear down; rather, it is an improvement to a home that would
be consistent with the character of the neighborhood. The Tear Down Task Force wanted to keep
things consistent to the way things are. He believes that the impact of the request on the
surrounding properties, trees and character of neighborhood would be less if the variation were
granted.
Trustee Oppenheim believes Poets Corner is a unique neighborhood. She believes granting the
variance would be beneficial to the petitioner and to the character of the neighborhood.
Mary Ehlers, 1650 Tall Tree, spoke on behalf of the occupant of 450 Hermitage, Lorrraine Larson,
who will be most affected by the variation. He said that Trustees Struthers and Seiden described his
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August 16, 2010
Page 5 of 6
point of view and that of Mrs. Larson. He questioned why the Board would approve the request, as it
is based on personal privilege. Mr. Ehlers believes this is an attack on the integrity of the ordinance.
If the variance is granted, the Board is leaving the door open for others to create awkward
circumstances. He does not believe that is a good basis to make decisions.
Dr. William Miller, 444 Hermitage, noted that he went back to the Board of Zoning Appeals and
presented his case again, as requested. They voted 5 -2 in favor of sending a favorable
recommendation to the Mayor and Board of Trustees. He does not believe his request is a matter of
convenience and hopes the Board agrees with the BZA recommendation.
Trustee Farkas does not believe this is a matter of personal convenience. He believes the ordinance is
clear and offers some flexibility. Trustee Farkas believes Dr. Miller has a legitimate concern. He does
not believe this will set a precedent.
Trustee Oppenheim made a motion to accept the report and recommendation of the Board of Zoning
Appeals and grant the variation for the property at 444 Hermitage. Trustee Farkas seconded the
motion. The motion did not pass by the following vote:
AYES: Farkas, Jester, Oppenheim (3)
NAYS: Seiden, Struthers, Rosenthal (3)
As four votes are required for approval, the variation request was denied. Mr. Coblentz noted that a
request to reconsider the matter could be made at the next meeting.
Dr. Miller asked what would happen now. Mayor Rosenthal noted that trustees could request
reconsideration at the next meeting. Village Attorney Coblentz will verify with the Municipal Code
who may make such a request.
CONSENT AGENDA
ORDINANCE 0 -10 -25 GRANTING A An ordinance granting a front yard variation for
FRONT YARD VARIATION FOR 160 160 Millstone. Second Reading.
MILLSTONE — 2R
Trustee Oppenheim made a motion to accept the Consent
Agenda and adopt the ordinance. Trustee Seiden seconded the motion. The motion passed by the
following vote:
AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
AUTHORIZATION TO AWARD BID Brad Fink, Assistant Director of Public Works,
FOR ONE NEW 2011 36,220 GVWR reported that three sealed bids were
DUMP TRUCK WITH PLOW AND publicly opened on July 7, 2010. The new vehicle
SPREADER would replace a similar 2001 vehicle. Chicago
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August 16, 2010
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International provided the lowest net bid in the amount of $99,500. Chicago International was the
lowest bidder last year for a similar truck, and staff is satisfied with the truck. Mr. Fink noted these
trucks see very heavy use with snowplowing, sewer repairs and water main breaks throughout the
winter.
Trustee Seiden made a motion to award the contract for one new 2011 36,220 GVWR dump truck with
plow and spreader to Chicago International in a net amount not to exceed $99,500 including the trade -
in. Trustee Struthers seconded the motion.
Trustee Farkas asked if anyone determined whether other manufacturers or models were better. Mr.
Fink explained they were comfortable with this vehicle.
The motion passed by the following vote:
AYES: Farkas, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
DISCUSSION
TRUSTEE IN THE TOWN Trustee Seiden invited residents to bring their
questions to the Farmer's Market for Trustees in the
Town. Trustees Farkas and Seiden will be there from 9:00 am to noon. He noted this Saturday is also
Ribfest at the Farmer's Market.
CHIEF MIKE SHANAHAN AWARD Mayor Rosenthal mentioned that last year, the
Police Department received the Chief Mike Shanahan
Award for exceptional work for public and private cooperation. This year, the award was given to the
Philadelphia Police Department. She noted that previous award recipients include New York and
Toronto. She believes it speaks very well for the Deerfield Police Department.
NEXT MEETING Mr. Street noted that in observance of the Labor
Day holiday, the next Board meeting is scheduled for
Tuesday, September 7 at 7:30 p.m.
ADJOURNMENT There being no further business or discussion, the
meeting was adjourned at 8 :38 PM.
APPROVED:
Mayor
ATTEST:
llage Clerk