October 1, 2019 7:30 pm
Group Board of Trustees
Location 300 Portwine Road Riverwoods, IL 60015
BOARD OF TRUSTEES
OCTOBER 1, 2019- 7:30 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES
• BOT SEPT 17, 2019
V. DIRECTOR OF COMMUNITY SERVICES
VI. PLAN COMMISSION REPORT
VII. TREASURER REPORT
• Gewalt Hamilton
• Village Attorney
• Village Ecologist
IX. POLICE REPORT
X. INFORMATION ITEMS & COMMENTS FROM THE PRESIDENT
1. Halloween Party Saturday October 26
2. 2018 Audit Report
3. Public and Private Streets Review Status
XI. VISITORS WISHING TO ADDRESS THE BOARD
XII. ACTION ITEMS
A. DEERFIELD PARENTS NETWORK REQUEST FOR DONATION
B. CONSIDERATION AND ADOPTION OF RESOLUTION ON STREETS
C. CONSIDERATION AND POSSIBLE APPROVAL OF A CONTRACT WITH TESKA ASSOCIATES FOR MILWAUKEE CORRIDOR PLAN AND LAND USE CONSULTING
D. CONSIDERATION OF AMENDMENT OF ORDINANCE ESTABLISHING PROCEDURES FOR SALE OF REAL PROPERTY
E. CONSIDERATION AND POSSIBLE ADOPTION OF AN ORDINANCE AMENDING THE RIVERWOODS VILLAGE CODE BY THE ADDITION OF SECTION 3-1-11 IMPOSING A MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX
F. CONSIDERATION AND POSSIBLE APPROVAL OF TIMBERS SANITARY LIFT STATION MODERNIZATION RECOMMENDATION
G. AN ORDINANCE AMENDING THE TEXT OF THE RIVERWOODS ZONING ORDINANCE CONCERNING THE B-1 NEIGHBORHOOD BUSINESS DISTRICT
H. AN ORDINANCE GRANTING A SPECIAL USE FOR A HAND CAR WASH AND SERVICE FACILITY AT 777 SAUNDERS ROAD
XIII. STANDING COMMITTEE REPORTS
– Trustee Haber……………………………….……….…………………………Legal & Utilities
– Trustee Chamberlain ….……………………Branding, Budget & Woodland Management
– Trustee Jamerson………………………………….………….………….Police & Building
– Trustee Goldstein………….…Storm Water; Communications & Information Technology
– Trustee Hollander………..…………………..………………………………. Roads & Land Use
– Trustee Clayton…………..…….……Economic Development, Finance & Capital Planning
XIV. EXECUTIVE SESSION
• Litigation, Acquisition of Property, and Personnel
XV. NEXT REGULAR MEETING:
• OCTOBER 15, 2019 – 7:30 PM
Village of Riverwoods
Board of Trustees Meeting
October 1, 2019
John Norris, Mayor
Bruce Dayno, Police Chief
Bruce Huvard, Village Attorney
Daphne Paras, Village Clerk
Patrick Glenn, Village Engineer
Rob Durning, Director of Community Development
Bob Fialkowski, Finance Director
Call to Order: 7:30 pm
Approval of Minutes
Mayor Norris held the minutes from the September 17, 2019 Board of Trustees meeting for additional clarification.
Plan Commission Report
Mr. Huvard reported the Plan Commission recommended the Board adopt a Text Amendment to add a new Special Use for a hand car wash and service facility. The second recommendation is to grant a Special Use for the hand car wash and service facility at 777 Saunders Road. Most of the conditions in the proposed Special Use are found in the narrative on the Zip file that was sent to the Trustees. The Plan Commission recommendation was dependent on the LCDOT approval. The Village also has to send the documentation to the Village of Deerfield. Trustee Hollander requested the petitioner provide an updated schematic of their signage.
Mr. Huvard reported the sale to Landmark Dividend was completed and the money was received.
Trustee Haber questioned whether there was any discussion about the water that will be going into the sewer system and whether the petitioner was going to do anything to clean the water. Mr. Glenn does not believe the applicant addressed the water completely; however, the water that leaves the car wash needs to go to the sanitary sewer. All the modern car washes recycle water, but specifics were not provided by the applicant.
Mr. Glenn reported the Village received preliminary feedback from the CRS coordinator. He believes the CRS rating will improve by 1 class resulting in an additional 5 percent off flood premiums as result of the adoption of the updated Ordinance and Building Codes.
Chief Dayno reported the police activity report is attached to the end of the minutes.
Information Items and Comments from the President
- Halloween Party October 26, 2019
Mayor Norris noted the Halloween Party is scheduled for October 26, 2019 and encouraged everyone to attend.
- 2018 Audit Report
Mr. Fialkowski reported the Comprehensive Annual Financial Report was prepared. It is the first year for Miller Cooper to prepare the report. The general fund opened the year almost $400,000 ahead. Betsy Allen from Miller Cooper explained the revenues were greater than the expenses. Mr. Fialkowski noted the revenues collected were just over 4.8 million and the expenses were approximately 4.3 million.
Two adjustments were made in capital assets that were not previously adjusted. The MFT in prior years were not charged appropriately and were adjusted which reduced the balance. There are two transmittal letters from the auditor.
Betsy from Miller Cooper noted the independent auditor provided a modified report. She provided a high-level summary of the report including information about the restatements. The appropriate documents were filed. Mr. Fialkowski clarified that sometimes the auditors randomly pull invoices and personnel files. They picked some checks that were not signed by multiple people.
- Public and Private Street Review Status
Mr. Huvard noted the Hiawatha Woods subdivision was annexed and the streets were dedicated as private. The same streets, however, are publicly maintained outside of Hiawatha Woods. The Hoffman Lane subdivision plat states part of the street will be privately maintained. Some owners on Hoffman Lane asked for it to be publicly maintained. Mr. Huvard will assemble some of these documents for the next meeting. He questioned at what point should making streets privately maintained be revisited. He questioned whether the Trustees want to know about the special circumstances. Trustee Hollander noted there was an Ordinance in 1962 making a portion of Hoffman Lane public. Trustee Hollander noted today, we consider all of Hoffman Lane public. Trustee Haber looked at a plat of subdivision which showed from Deerfield to Whigam as private; however, there was no reference from Whigam to Portwine. The Resolution states from Deerfield to Whigam was improved to public standards and was public. The plat did not reference a private road from Whigam to Portwine as it was already public. Mr. Huvard believes if the street was already publicly maintained, it was treated as public. In half the circumstances, when streets were privately maintained, they continued as private streets. Trustee Hollander believes the discussion should include making a private road public if the residents are willing to bring it up to a certain standard. He believes the Village should look at both sides. Trustee Chamberlain would like to know the Village’s choices. Regardless of the reasoning at the time, she would like to know what reasoning makes sense now. Trustee Chamberlain believes the Village needs consistency. Trustee Jamerson noted public streets are maintained by MFT funds. The Village Engineer did a 5 year plan where the Village could run out of money to repair the public streets. The money will then come to of the general fund, which would affect the entire village as taxes may go up. If all the streets were public, the Village would for sure run out of money and taxes would go up. Trustee Hollander asked if it would make sense to get projections for both possibilities, including the mix of public and private roads, potential tax increases and other financial information as well as the legal information. Mayor Norris believes it is better to make a decision based on facts rather than feelings. Trustee Jamerson believes bringing private streets to public standards would be nearly impossible. Vernon Woods, for example, has 3.5 miles of private streets. It would cost millions to bring the streets up to public standards. Trustee Haber believes the reason some of the private roads are private, is because some residents wanted quaint, private roads. They did not look at it as not being fairly treated; rather, they did not want those roads to become public. Riverwoods is a global community. Trustee Chamberlain questioned what residents knew at the time and what makes sense now. She believes the Village needs to consider both of these things.
Visitors Wishing to Address the Board
Neal Sinha lives on Cherrywood Lane and had a permit in 2013. The Village subcontracted to Urban Forest Management and they charged hm $2175 for a tree planting program. [is this what happened? UFM was our Village Forester. I think what really happened was –based on our policies, the Village Forester recommended charging a mitigation fee because the tree root zone was within a certain distance of the proposed construction. Urban Forest Management thought the tree next to the driveway would die in 2 years. The tree is still alive and he would like a refund. Mayor Norris indicated the Board needs to determine what to do, as there are no standards. There is no provision for the Board to issue a refund. Mr. Huvard noted the policy states if a certain percentage of the tree root zone, there is an assumption the tree will not survive. That standard has been used for a number of projects and a fee is collected on the assumption. The Village does not go and resurvey the trees. Mayor Norris suggested the question is in this situation whether there should be some mechanism put in place for this type of scenario.
- Deerfield Parents Network Request for Donation
Mayor Norris explained the Village has supported this group for a long time. The committee would be in favor of a $1000 donation. The Mayor indicated the Village has budgeted $20,000 for a year and we have made $10,000 in donations so far. Trustee Chamberlain moved to donate $1000 to the Deerfield Parents Network. Trustee Jamerson seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
- Consideration and Adoption of Resolution on Streets
Mayor Norris noted in order to get federal funding, we need to pass a Resolution on complete streets as it gives the Village 25% of the necessary points. Trustee Chamberlain questioned some of the language as it is strong. She expressed concern that if we use the current language, then the Village may be limiting our options for how we treat our streets. Trustee Chamberlain will send her recommendation to Mr. Huvard.
- Consideration and Possible Approval of a Contract with Teska Associates for Milwaukee Corridor Plan and Land Use Consulting
Mr. Huvard noted the Village received an engagement proposal from Teska Associates. The Village asked for a proposal for strategic planning for the Milwaukee Road corridor as well as land use consulting. Trustee Hollander wondered if the Village should create a plan prior to knowing what is happening with the 37 acres.
Trustee Clayton moved to approve a contract for the Milwaukee corridor plan and land use consulting with Teska Associates. Trustee Chamberlain seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
- Consideration of Amendment of Ordinance Establishing Procedures for Sale of Real Property
Mayor Norris recommends lowering the vote from 3/4 to 2/3. Trustee Hollander believes the Village should use the same percentage for purchasing land and selling land. Mayor Norris indicated a simple majority is currently needed to purchase land while a 3/4 majority is currently needed to sell land. The proposed amendment would reduce to number of affirmative votes to sell land to 2/3. Trustee Goldstein recommends a simple majority. Mr. Huvard explained there are different ways to determine a majority. A majority of Trustees or a majority of a quorum,a majority of no less than 4 Trustees or a simple majority but no less than 4. Trustee Chamberlain noted that is different than what the Village has for purchase of real estate. Trustee Hollander believes the risk is higher when one uses tax dollars to purchase land. He feels strongly that a significant number of the Trustees should vote on it. He suggested instead of requiring a majority of the Board, requiring at least 4 affirmative votes. Mr. Huvard will look into making both the same. Mayor Norris believes 2/3 seems like a good rule.
- Consideration and Possible Adoption of an Ordinance Amending the Riverwoods Village Code by the Addition of Section 3-1-11 Imposing a Municipal Cannabis Retailers’ Occupation Tax
Mayor Norris asked Mr. Huvard to draft an Ordinance as it may be necessary for the Village to collect tax as of 1/1/20 whether the Village decides to allow the sale of cannabis or not.
Trustee Chamberlain moved to waive the First Reading of the Ordinance. Trustee Jamerson seconded the motion. The motion passed unanimously on a voice vote.
Trustee Jamerson moved for Second Reading and adoption. Trustee Chamberlain seconded the motion.
Trustee Clayton reported neighboring communities have adopted a 3 percent tax and believes it may be beneficial to adopt a lower tax rate to attract a dispensary. He suggested adopting a 1.5 percent tax rather than the allowed 3 percent tax. Mayor Norris noted the Village could offer incentives to attract a dispensary to the Village. Trustee Hollander believes the Village could lower the tax rate in the future. Mr. Huvard reported the home rule sales tax can be adjusted 2 points during the year. He thinks the Village would be better off adopting a 2 percent tax. Mr. Huvard indicated the dispensary does not pay the tax; rather, it would be paid by the patrons. Trustee Jamerson would like to attract more business. Trustee Clayton suggested advertising the available for a dispensary as well as the lower tax. Trustee Hollander believes the location would drive 90 percent of the decision; a lower tax would not drive the dispensary. Trustee Goldstein would like a more attractive tax rate but believes the Village should adopt a 2 or 2.5 percent tax. Trustee Haber suggested finding out who holds the dispensary licenses and sending them a letter expressing interest in having them locate to the Village. Trustee Clayton believes a lower tax will make a difference in attracting a dispensary. If the Village finds it advantageous to raise the tax at a later date, they could do it. Trustee Chamberlain believes a dispensary would be a destination and the Village should be aggressive and make it more desirable.
Trustee Clayton moved to amend the tax percentage from 3 percent to 1.5 percent. There was no Second to the Motion.
Trustee Jamerson moved to amend the motion to change the tax percentage from 3 percent to 2 percent. Trustee Chamberlain seconded the motion.
Trustee Haber suggested if the Village passes this Ordinance, it will hit the media and send out a message that the Village of Riverwoods is actively pursuing cannabis dispensaries. He is not sure the Trustees are doing an appropriate service to their constituents who have not weighed in on having a cannabis dispensary. Trustee Haber noted other communities have passed the 3 percent tax, but have not approved local dispensaries. Northbrook and several other communities are working toward not having dispensaries. Mr. Huvard noted a tax on the sale of cannabis is not eligible until September 2020. Technically, the Village has until June 2020 to pass an Ordinance. Trustee Hollander would rather wait until the Board approves the sale of cannabis in the Village before determining the tax rate. Mr. Huvard explained some municipalities are asking the legislature to allow the tax beginning January 1, 2020. The Mayors of Highland Park and Deerfield, along with several Village Managers believe they need to pass an Ordinance now so they can collect tax as of January 1, 2020. Trustee Goldstein suggested adopting a 3 percent tax and negotiating a lower tax in the future. Trustee Haber believes 3 percent is a protective measure while less than 3 percent sends a signal that the Village wants a cannabis dispensary without receiving community impute. Trustee Chamberlain expects that when it is time for a dispensary to locate in the Village, the Village will take public input If Village residents want a dispensary, the Trustees want to help make it easier. Trustee Haber noted when the Village gets community input, the residents may ask for the maximum tax benefit. By passing a lower tax, the Trustees are signaling to the community that they are in favor of attracting a dispensary. Trustee Clayton senses this would be no different than opening up a liquor store which does not require community input. He believes the Village should aggressively market to the community. Sherry Graditor is not in favor of a dispensary in the Village; however, knows the taxes would be beneficial to the Village. If the taxes are dropped, she would be totally opposed. She would also disagree with lowering the taxes in the future.
The motion did not pass by the following vote:
AYES: Chamberlain, Clayton, Jamerson (3)
NAYS: Haber, Hollander, Goldstein, Norris (4)
Trustee Hollander moved to amend the motion to include a 3 percent tax. Trustee Haber seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, (5)
NAYS: Jamerson (1)
- Consideration and Possible Approval of Timbers Sanitary Lift Station Modernization Recommendation
Mr. Glenn noted this is the first project in the 10 year modification program. In the quote from Lake County Public Works, the County left tree removal to the Village. He met with Steve Zimmerman who confirmed no protected trees are meant to be removed. Mr. Glenn suggested pulling out the restoration for $5000 for planting. Trustee Haber questioned whether the Village has an option of working with someone else. Mr. Glenn will put it out for bid while assuming a public agency is not for profit same as private entity.[I don’t think this is right, but I’m not sure what he said exactly.]
Trustee Haber moved to approve the Timbers Sanitary Lift Station modernization in an amount of $151,221. Trustee Chamberlain seconded the motion. The motion passed by the following vote:
AYES: Chamberlain, Clayton, Goldstein, Haber, Hollander, Jamerson (6)
NAYS: None (0)
- An Ordinance Amending the Text of the Riverwoods Zoning Ordinance Concerning the B-1 Neighboring Business District
Mr. Huvard explained this Ordinance creates the possibility for a hand car wash and service facility. The Village has a small parcel Special Use with a few approved uses. This Ordinance would add a hand car wash and service facility as another option for a small parcel special use along with the definition of a hand car wash and service facility.
Trustee Chamberlain asked what is outstanding from the applicant. Mr. Glenn explained they need approval from Lake County as well as answers about the inconsistent dimensions and the wall sign. Trustee Hollander agreed to make final changes to the sign, but schematic is not in the packet. Mr. Glenn explained the wall signs have two different fonts. The pylon sign panels will change to fit the pylon sign. Mayor Norris noted they also need to address the question about drainage of the water from the car wash
Trustee Haber moved for First Reading of an Ordinance amending the Text of the Riverwoods Zoning Ordinance concerning the B-1 Neighboring Business District. Trustee Jamerson seconded the motion. The motion passed unanimously on a voice vote.
- An Ordinance Granting a Special Use for a Hand Car Wash and Service Facility at 777 Saunders Road
Mayor Norris noted this will be continued.
There was no New Business.
Standing Committee Reports
Branding, Budget & Woodland Management – Trustee Chamberlain reported thanked those who gave input for the budget. She and Bob Fialkowski will begin working on the budget. The branding and education committee met. She hopes to have a proposal for signage at the next meeting. They are also considering adding social media as a staff duty. Chicago Wilderness Congress asked Steve Zimmerman to present a proposal and he asked her to present the Riverwoods programs with him. Sheila Hollander will bring a proposal for a community garden to the next meeting.
Police & Building – Trustee Jamerson reported the building report is attached to the packet. The construction value is down by 2/3 because Discover is complete. Fees are down 42%. Trustee Jamerson is working with Joanne to make sure the Village is getting reimbursed for consultant fees. They want to ensure the applicants and permit holders are charged the correct amount of money.
Roads & Land Use – Trustee Hollander is attempting to work with the various SSAs in the Village to see if we can get a unified snow removal contract. 9 SSAs have decided to move forward. If the Village is successful, it will begin next year. Trustees Clayton and Hollander are working on project to market the Milwaukee Road corridor. They hope to work with Mr. Flannigan on an ongoing basis.
There being no further business to discuss, Trustee Chamberlain moved to adjourn the meeting. Trustee Jamerson seconded the motion. The meeting was adjourned at 9:32 pm.
The next regular meeting of the Board of Trustees will take place on October 15, 2019 at 7:30 pm.
Transcribed by: Jeri Cotton