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06/03/20131 1 1 June 3, 2013 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 June 3 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Tom Jester Robert Nadler William Seiden Barbara Struthers Absent was: Alan Farkas and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Cub scouts from pack 450 led those in attendance in reciting the Pledge of Allegiance. Pack leader Lydia St. John thanked the Village. She reported they entered into a partnership with the American Legion and will have a community service project on June 12, 2013. The scouts will be collecting old flags for the American Legion to retire. Trustee Struthers reminded residents that mosquito season has started. She reminded everyone to mitigate any standing water. She encouraged residents to call the South Lake Mosquito Abatement District hotline with any questions or concerns. MINUTES OF PREVIOUS MEETING Trustee Struthers moved approval of the minutes from the May 20, 2012 Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously. Trustee Benton moved approval of the minutes from the May 13, 2012 Committee of the Whole meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Seiden moved approval of the bills and Payroll dated June 3, 2013. Trustee Jester seconded the motion. The motion passed by the following vote: PUBLIC COMMENT Brit Weinstein, 1513 Dartmouth Lane, is a second grade student. He suggested building a pedestrian underpass at Wilmot and Deerfield Roads to make it safer when residents walk to South Park and Caruso schools. He noted kids would also be able to walk to the pool if there were an underpass. Mayor Rosenthal thanked Mr. Weinstein for coming to speak to the Board and stated that the issue would be discussed during the coming budget season. Board of Trustees Meeting June 3, 2013 Page 2 of 8 REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR AN AMENDMENT TO THE SPECIAL USE /PLANNED UNIT DEVELOPMENT AND TO AMEND ORDINANCE 0 -06 -56 FOR CONGREGATION B'NAI JEHOSHUA BETH ELOHIM REGARDING THE NUMBER OF STUDENTS ALLOWED AND TO INSTALL A CONNECTION REPORTS The Plan Commission held a Public Hearing on May 9, 2013, to consider the request for an amendment to the Special Use /Planned Unit Development and to amend Ordinance 0 -06 -56 for Congregation B'nai Jehoshua Beth Elohim regarding the number of students allowed and to install a connection between the 1141 and 1181 buildings. The Plan Commission voted 5 -1 in favor of the requests. BETWEEN THE 1141 AND 1181 Larry Friedman, attorney for BJBE, stated the BUILDINGS original special use PUD had a discrepancy in the number of students that would be present during the week; therefore, they are asking for a clarification. The second portion of the request would add 225 students for Sunday religious school instead of holding classes off -sight at Caruso. Mr. Friedman stated the third part of their request would remove a door between the two buildings. Mr. Friedman indicated the school performed a traffic and parking study and found there would not be a negative impact on parking or traffic. They are also working with the Chicagoland Jewish High School on accommodations to use their turnaround and parking. Trustee Struthers questioned the number of parking spaces available on site. Dan Brinkman, traffic engineer with Gewalt Hamilton Associates, stated they have 272 spaces in the Deerfield Office Park and 179 spaces dedicated for the school. He noted they have an agreement for 40 additional spaces. Trustee Struthers, who lives near Caruso, said the parking lot is full on Sundays. Mr. Brinkman noted there are a number of activities at Caruso which lead people to park in the neighborhood. Most of the time, however, they do not have that overflow parking issue. Trustee Struthers indicated the congregation does good job directing traffic. Mr. Friedman believes it would be a vast improvement to consolidate the congregation activities to the congregation site, instead of Caruso. Trustee Jester noted the Village will be looking at restricting vehicular traffic from going through Pine Street. It was not allowed in the past, and he stated he will push for it to be restricted to just left and right turns when the Lake Cook Road construction project is completed. Trustee Seiden moved acceptance of the report and recommendation of the Plan Commission. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on 1 1 Board of Trustees Meeting June 3, 2013 Page 3 of 8 OF THE PLAN COMISSION RE: April 11, 2013 consider a request to rezone the REQUEST TO REZONE THE PROPERTY property at 780 Saunders Road from R -1 Single AT 780 SAUNDERS ROAD FROM R -1 Family Residential to C -2 Outlying Commercial SINGLE FAMILY RESIDENTIAL District for an amendment to the Comprehensive DISTRICT TO C -2 OUTLYING Plan and a Special Use for a restaurant. The Plan COMMERCIAL DISTRICT, FOR AN Commission voted 5 -1 in favor of the request with AMENDMENT TO THE the condition of limiting the use to a restaurant or COMPREHENSIVE PLAN AND A retail. SPECIAL USE FOR A RESTAURANT — HEALTH O WEALTH INC. REPORT AND RECOMMENDATION OF THE BOARD OF ZONING APPEALS RE: REQUEST TO REDUCE THE MINIMUM FRONT AND SIDE YARD SETBACKS AND TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 35 TO 33, TO ALLOW FOR CONSTRUCTION OF A RESTAURANT — HEALTH O WEALTH The Board of Zoning Appeals held a Public Hearing on May 7, 2013 to consider a request to reduce the minimum front and side yard setbacks to 7 feet instead of the required 12 feet. The Plan Commission voted 4 -1 in favor of the request. The Plan Commission considered the request to reduce the required number of parking spaces from 35 to 33. The Plan Commission voted 5 -0 in favor of the request. The petitioners, Anil and Upasana Abbott, purchased the property in March 2012. They want to build a restaurant on the property. Mrs. Abbott said the goal of Health O Wealth is to promote healthy living through balanced nutrition. The restaurant will feature food that is low in cholesterol, salt and sugar and high in greens, fiber and antioxidants. The food will be freshly prepared with no preservatives. The restaurant will feature smoothies, herbal teas, soups and sandwiches. They will also highlight organic, gluten -free, allergen -free and eco- friendly foods and use a zero -waste concept. Trustee Seiden inquired about the petitioner's retail experience. Mr. Abbott stated he has more than 25 years of experience in the retail food business. Mayor Rosenthal expressed concern about the number of variations. She believes the space may be too small to accommodate the business. She questioned what would happen to the building if the business ceased operation. Mr. Coblentz stated the property would be zoned C -2 Outlying Commercial. Mayor Rosenthal questioned why the Trustees would want to allow all the variations. Trustee Jester stated the alternative is a single family home, which would be out of place. Trustee Struthers noted there does not seem to be parking for carry out. Mr. Abbott stated the employees of Parkway North would walk to the restaurant. He noted they would have additional parking at the Mobile station for employees, as he owns that business as well. Mr. Abbott indicated they would sign an agreement with the bank if additional parking is needed. Trustees Benton and Nadler believe the restaurant would serve a purpose for the entire neighborhood. Trustee Nadler added the restaurant would help clean up the site. Trustee Board of Trustees Meeting June 3, 2013 Page 4 of 8 Struthers suggested making the building smaller to add additional parking. Mrs. Abbott stated they wanted to have a separate, gluten -free kitchen, which would have to be removed if they made more room for parking. Mayor Rosenthal questioned the legal implication of having overflow parking at the bank and the Mobile station. Mr. Coblentz noted the petitioner would have to have binding agreements or the Special Use could be revoked. Trustee Benton moved acceptance of the report and recommendation of the Plan Commission regarding the requests. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) Trustee Seiden moved acceptance of the report and recommendation of the Board of Zoning Appeals regarding the requests. Trustee Benton seconded the motion. The motion' passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Stru NAYS: None (0) REQUEST OF KEVIN AND CLAUDINE HARIG OF 260 DEERFIELD ROAD FOR A VARIATION THAT WOULD PERMIT THE CONSTRUCTION OF A TWO - STORY ADDITION, EXTENDING 7.0 FEET INTO THE 50' MINIMUM REAR YARD thers (5) The Board of Zoning Appeals held a Public Hearing to consider the request for a variation that would permit the construction of a two -story addition extending 7 feet into the 50 foot minimum rear yard. Mr. Street indicated the 1968 subdivision created the existing non - conformity. The Board of Zoning Appeals voted 5 -0 in favor of the request. Trustee Jester moved acceptance of the report and recommendation of the Board of Zoning Appeals regarding the request. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) REQUEST BY 2 WAUKEGAN ROAD. (SHELL) FOR LIMITED AREA GROUNDWATER USE RESTRICTION ORDINANCE Village by providing indemnities. The Vi The Illinois Environmental Protection Agency (IEPA) requires a Village Ordinance for the property. The Limited Area Groundwater Ordinance _is in conformance with the requirements of the IEPA. The supplemental agreement protects the Ilage's environmental consultants support the appropriateness of both Ordinances. First Reading. Board of Trustees Meeting June 3, 2013 Page 5 of 8 REQUEST BY 635 WAUKEGAN An Ordinance Authorizing a Limited Area ROAD (SHELL) FOR LIMITED AREA Groundwater Use Restriction for 635 Waukegan GROUNDWATER USE RESTRICTION Road. The Ordinance is in conformance with ORDINANCE the requirements of the IEPA and is supported by the Village's environmental consultant. First Reading. CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE 0 -13 -19 AUTHORIZING An Ordinance authorizing agreements with AGREEMENTS WITH DEERFIELD Deerfield School District 109 for the regulation of SCHOOL DISTRICT 109 FOR THE motor vehicle traffic and parking on school REGULATION OF MOTOR VEHICLE property. Second Reading. TRAFFIC AND PARKING ON SCHOOL PROPERTY — 2R Trustee Struthers noted this would allow the Police Department to regulate traffic on school property. Chief Sliozis noted the enforcement would be 24 hours a day, 7 days a week. He noted they would install signage over the summer and start enforcement at the beginning of the new school year. Trustee Benton moved approval of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) ORDINANCE AUTHORIZING A An Ordinance authorizing a Text Amendment to the TEXT AMENDMENT TO THE temporary business sign regulations in the TEMPORARY BUSINESS SIGN commercial zoning districts to limit the maximum REGULATIONS IN THE size of a temporary ground sign. First Reading. COMMERCIAL ZONING DISTRICTS TO LIMIT THE MAXIMUM SIZE OF A TEMPORARY GROUND SIGN — 1 R 1 Board of Trustees Meeting June 3, 2013 Page 6 of 8 e NEW BUSINESS INTERGOVERNMENTAL AGREEMENT Library employees are required to park off site WITH DEERFIELD LIBRARY AND when they move into the new facility. This DEERFIELD PARK DISTRICT RE: agreement memorializes the use, construction, JEWETT PARK WALKWAY maintenance and ongoing energy costs. The Village will contribute $85,000. The library and park district will also make contributions. Trustee Seiden moved approval of the Intergovernmental Agreement. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) APPROVAL OF WASTEWATER Director of Public Works and Engineering Barbara RECLAMATION FACILITY (WRF) Little stated the Village is looking at $25,000 IMPROVEMENT PROJECT CHANGE in additional costs and $43,000 in credits for the ORDER NO. 20 Wastewater Reclamation Facility Improvement Project. This results in a credit of $17,983. Trustee Struthers moved approval of WRF change order number 20. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) DISCUSSION MEDICAL MARIJUANA LAW Mayor Rosenthal noted the medical marijuana law is awaiting Governor Quinn's signature. The proposed law allows one dispensary per state senate district. She recommended the Plan Commission to study the law and prepare a recommendation. 2012 COMED REPORT Mayor Rosenthal, Mr. Street and Assistant to the Village Manager Andrew Lichterman met with representatives from ComEd to go over the 2012 report. The Village is much improved from 2011. Mayor Rosenthal indicated the work required as a result of the lawsuit has been completed. Mayor Rosenthal suggested residents get the ComEd application on their smart phones to stay informed in the event of a power outage. CONCEALED CARRY LAW Mayor Rosenthal reported the Illinois House and Senate passed the concealed carry law. It has not yet been signed by Governor Quinn. As a home rule community, Deerfield has the option to ban 1 1 Board of Trustees Meeting June 3, 2013 Page 7 of 8 assault weapons in the Village, however no such ordinance could be approved after 10 days of the Governor signing the bill. This gives the Village a short window of-time to take action, if they wish to do so. Mayor Rosenthal asked that this item be added to the June 17, 2013, Board of Trustees agenda. The Village currently has an Ordinance on handgun control. Trustee Seiden asked what would happen in the Governor signed the bill tomorrow. Mr. Coblentz noted the Board could hold a special meeting. Trustee Jester noted the Village currently has regulations in place. He questioned whether the new law would supersede the Village's ordinance. Mr. Coblentz stated the bill includes a preemption of Home Rule authority on assault weapons. Chief Sliozis added that the Village's current ordinance does not have a specific ban on assault weapons. He noted the proposed bill is quite lengthy and staff and the Village Attorney will be researching the details. FLAG RETIREMENT CEREMONY Mayor Rosenthal informed residents that the American Legion's flag retirement ceremony would take place at 6:30 pm on June 12, 2013, at the Jewett Park Pavilion. FINE ARTS FESTIVAL Mayor Rosenthal thanked the Fine Arts Committee and the DBR Chamber of Commerce for putting on the Fine Arts Festival this weekend. The artists were great and the restaurants were very happy. She also thanked the police department and public works staff for all their assistance with the event. UNITED HOLOCAUST MUSEUM 10 a.m. — 5 p.m. at the Sheraton in Chicago. The traveling exhibit of the United Holocaust Museum will hold an event on June 9, 2013, from CONGRATULATIONS Trustee Nadler congratulated the Deerfield High School boys' volleyball team for winning sectionals. The Lacrosse team got to the semi - finals, as well. ADJOURNMENT There being no further business or discussion, Trustee Benton made a motion to adjourn the meeting. Trustee Jester seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:40 pm. APPRO ED: Mayor Board of Trustees Meeting June 3, 2013 Page 8 of 8 ATTEST: V llage Clerk 1 1 1