Loading...
07/01/2002July 1, 2002 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, July 1, 2002, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Assistant to the Village Manager Diane Mikula. PLEDGE OF ALLEGIANCE American Youth Soccer Organization (AYSO) Coach Ed Bohrer, along with two of his young soccer players, led those in attendance in reciting the Pledge of Allegiance. Afterward, he discussed the AYSO program. MINUTES Trustee Ragona made a motion to approve the minutes of the June 17th Board of Trustees meeting, and the minutes of the Committee of the Whole meetings on June 10th, June 17th, and June 25th. Trustee Rosenthal seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) PUBLIC COMMENT There was no public comment. APPOINTMENTS Mayor Harris recommended that Elaine Jacoby and Barb Lazarus be appointed to the Comprehensive Plan Steering Committee. Trustee Seiden so moved. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT June 13th. It is their recommendation that TO APPROVED SIGNAGE PLAN TO ALLOW Deerfield Square's request for an amendment TWO GROUND DEVELOPMENT IDENTIFI- to a sign plan, and their request for approval CATION SIGNS AND A TEXT AMENDMENT of development identification signs at the Board of Trustees Meeting July 1, 2002 Page 2 of 6 TO THE ZONING ORDINANCE; REPORT AND Waukegan Road and Deerfield Road entrances RECOMMENDATION OF VCDC RE REQUEST to the development, including the necessary FOR AMENDMENT TO APPROVED SIGNAGE text amendment to the Zoning Ordinance to PLAN TO ALLOW FOR TWO GROUND allow the signs, be approved. The motion DEVELOPMENT IDENTIFICATION SIGNS - passed 7 -0. The VCDC met on June 5th. It DEERFIELD SQUARE is their recommendation that Deerfield Square's request for an amendment to a plan and a text amendment to the Zoning Ordinance to allow the proposed development. identification signs be approved. The motion passed 8 -0, with one abstention. Trustee Swanson commented that the Deerfield Square signs might divide the downtown into separate quadrants rather than maintain it as a unified whole, which was the intent of the Board at the time the downtown was redeveloped. Trustee Rosenthal agreed with Trustee Swanson in concept, but said that she also understands the need for identification signs at Deerfield Square. Trustee Ragona commented that the ordinance should be as specific as possible about the content of the signs. After further discussion, Trustee Ragona made a motion to accept the Report and Recommendation of the Plan Commission and the Report and Recommendation of the VCDC and to direct preparation of an ordinance. Trustee Rosenthal seconded the motion. The motion passed by the following vote: Mr. Coblentz discussed the ramifications of not approving the transfer. In his opinion, if the Village were to deny the' transfer, AT &T would sue the Village, declaring that denying the transfer was arbitrary and capricious and without basis under federal law. Although Mr. Coblentz has sympathy with Mr. Rotman's point of view, he feels that AT &T /Comcast does meet the financial, legal and technical criteria as defined by the federal government and that the merger should therefore be approved. Frank Deuel of AT &T Broadband commented that the transfer of the franchise and the settlement of any compliance violations are separate issues. Regardless of the transfer of control, they will still be obligated to live up to the terms of the franchise agreement and to respond to any issues of non - compliance. Mr. Deuel added that AT &T did not receive the Village's proposal until June 21 and has not had time to evaluate it and respond. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) REPORT OF CABLE & TELECOMMUN- CTC Chairperson Jesse Rotman reported that ICATIONS COMMISSION RE AT &T/ there are two issues on the table: the COMCAST MERGER AND SETTLEMENT transfer of control from AT &T to Comcast and a AGREEMENT negotiated side letter which was to be a settlement of the Notice of Violations sent to AT &T by the Village. The CTC thought the two matters would be settled concurrently, but AT &T has made a decision not to agree to the terms of the side letter and, according to Mr. Rotman, has stated they do not care whether or not the Village agrees to the merger. In spite of the fact that the consortium to which the Village belongs has recommended accepting the transfer based on the financial, legal and technical merits of the company, Mr. Rotman does not support approving the transfer until the issues in the side letter have been addressed. He added that the'120.day period for accepting the merger is about to end. If no action is taken at this meeting, the merger is approved by default. Mr. Coblentz discussed the ramifications of not approving the transfer. In his opinion, if the Village were to deny the' transfer, AT &T would sue the Village, declaring that denying the transfer was arbitrary and capricious and without basis under federal law. Although Mr. Coblentz has sympathy with Mr. Rotman's point of view, he feels that AT &T /Comcast does meet the financial, legal and technical criteria as defined by the federal government and that the merger should therefore be approved. Frank Deuel of AT &T Broadband commented that the transfer of the franchise and the settlement of any compliance violations are separate issues. Regardless of the transfer of control, they will still be obligated to live up to the terms of the franchise agreement and to respond to any issues of non - compliance. Mr. Deuel added that AT &T did not receive the Village's proposal until June 21 and has not had time to evaluate it and respond. Board of Trustees Meeting July 1, 2002 Page 3 of 6 For approximately half an hour, trustees, Mr. Rotman, Mr. Coblentz, and Mr. Duehl discussed various aspects of the proposed transfer. Mr. Rotman suggested that if the transfer is approved, the CTC should be instructed to try to quickly resolve negotiations with AT &T and, if this isn't successful, to begin the administrative process. He anticipates being able to accomplish this by the CTC's meeting the third week of August. Prior to each Board meeting, Mr. Rotman would report either in person or in writing on progress being made. After further discussion Mayor Harris recommended that the Board take no action on the transfer at this time. The transfer will then take place by default, but no positive message will have been sent to AT &T. Potentially large legal fees will be avoided. Mr. Rotman will continue negotiations and will report regularly to the Board. Trustee Swanson moved to take no action on the transfer. Trustee Ragona seconded the motion. The motion passed unanimously. CONSENT AGENDA Trustee Swanson asked that the ordinance granting a front yard variation for 1152 Deerfield Road be removed from the Consent Agenda. ORDINANCE 0 -02 -24 AMENDING SPECIAL An ordinance amending a Special Use for Dear USE, DEAR FRANKS RESTAURANT Franks Restaurant to permit an expansion of the restaurant's seating area, including an interior opening between the restaurant and the ice cream store. Second Reading. ORDINANCE 0 -02 -25 RE NO PARKING ON An ordinance making permanent the parking ban CENTRAL AVENUE BETWEEN ROBERT YORK on the north side of Central Avenue from AVENUE AND WAUKEGAN ROAD Waukegan Road to Robert York Avenue. Second Reading. Trustee Rosenthal moved for acceptance of the Consent Agenda and adoption of the ordinances. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) •ORDINANCE GRANTING FRONT YARD VARIATION, MR. & MRS. GOSTOMELSKY, 1152 DEERFIELD ROAD that would encroach approximately 4' Reading. An ordinance granting a front yard variation to Mr. and Mrs. Gostomelsky, 1152 Deerfield Road. The variation would permit construction of a front porch roof structure with columns into the 40' required front yard. First As Trustee Swanson was not in attendance at the last meeting when this agenda item was introduced, he asked for the history of the matter. Board members complied. Concern was expressed about setting a precedent. This will stand as a First Reading. Board of Trustees Meeting July 1, 2002 Page 4 of 6 OLD BUSINESS REQUEST FOR A DRIVEWAY VARIATION, The petitioner has.asked that this agenda item 168 ESTATE DRIVE, TABLED 6/17/02 be tabled again. Trustee Ragona so moved. Trustee Wylie seconded the motion. The motion passed unanimously. The petitioner will be instructed to notify staff of a date that he is available to attend a Board meeting. AUTHORIZATION TO REMOVE STOP SIGN Staff is recommending removal of the stop sign ON ROBERT YORK AVENUE AT ENTRANCE on southbound Robert York Avenue at the Grand TO THE CAR WASH Prix Car Wash exit. Robert York Avenue is a public street and should not yield to traffic exiting a private drive. Trustee Seiden made a motion to remove the sign. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) DISCUSSION RE VILLAGE POSITION Walter Kos, Superintendent of Highways for the ON COOK COUNTY HIGHWAY DEPARTMENT Cook County Highway Department, met with the PROPOSED IMPROVEMENTS TO LAKE COOK Board on June 10th to discuss proposed improve - ROAD ments to Lake Cook Road. Authorization is now being sought for Mayor Harris to sign a letter to the Cook County Highway Department stating that the Village has no objections to closing the south leg of the Wilmot /Lake Cook Roads intersection and directing traffic to exit those respective business properties at Heuhl Road. The letter, further states that the Village also concurs with the county's proposal to expand Lake Cook Road between Waukegan and Pfingsten Roads. Trustee Rosenthal commented that only the widening of Lake Cook Road should be approved at this time. In her opinion the Board should not make a decision on closing the south leg of the Wilmot /Lake Cook intersection until input has been received from the Lake Cook TMA. After discussion it was agreed that the first two sentences of Paragraph 4, which deal with the Wilmot /Lake Cook intersection, will be removed from the letter. Trustee Seiden made a motion to authorize Mayor Harris to sign the letter as amended. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR 4 -WHEEL DRIVE FRONT END LOADER $111,284 for a John Deere Model Fiat Allis front end loader, was $90,841 for a Volvo Model L70D. NEW BUSINESS Three sealed bids were received for a 4 -wheel drive front end loader. The low base bid was from .Westside Tractor Sales in the amount of 544 -H. The low net bid, with trade -in of a 1987 from McAllister Equipment in the amount of Staff has decided to keep the 1987 front end Board of Trustees Meeting July 1, 2002 Page 5 of 6 loader for use at the Wastewater Reclamation Facility. The Director of Public Works and Engineering therefore recommends awarding the bid to low base bidder Westside Tractor Sales in an amount not to exceed $111,284. After discussion Trustee Swanson made a motion to accept Westside Tractor Sales' low base bid of $111,284. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR One bid was received for a 2002 -2003 four - SKID STEER LOADER (BOBCAT) wheel drive skid steer loader. The bid was from Atlas Bobcat, Inc. in the amount of $40,861.60. Attachments for the loader are included as part of the bid package. These include an asphalt planer, a pallet fork, and a snow blower. Mrs. Little recommends awarding the bid to Atlas Bobcat, Inc. in an amount not to exceed $40,861.60. Trustee Ragona so moved. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REQUEST OF ENERGY ADVISORY & RESOURCE RECOVERY COMMISSION TO CHANGE ITS NAME TO ENERGY & RECYCLING COMMISSION The Energy Advisory & Resource Recovery Commission is asking for a name change to Energy & Recycling Commission. They feel the new name is less awkward and would be more easily understood. Trustee Ragona made a motion to direct the Village attorney to prepare an ordinance amending the Municipal Code to reflect the name change to Energy & Recycling Commission. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN A Authorization is being sought for Mayor Harris CONTRACT WITH MUNICIPAL GIS to sign a contract with Municipal GIS PARTNERS RE GEOGRAPHICAL INFOR- Partners to provide support services in MATION SYSTEM connection with the Village's Geographical Information System. Municipal GIS Partners currently has contracts with five other communities.. The cost to the Village for the annual contract is $56,880. Trustee Ragona made a motion to approve the contract in an amount not to exceed $56,880. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) 1 Board of Trustees Meeting July 1, 2002 Page 6 of 6 DISCUSSION FAMILY DAYS Trustee Rosenthal commented that anyone who didn't receive a notice in their water bill asking for a contribution to Family Days may still contribute by bringing or mailing their donation to Village Hall. Diane Mikula then outlined some of this year's Family Day activities. ADJOURNMENT There being no further business to discuss, Trustee Ragona made a motion to adjourn the meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:55 P.M. ATTEST: 1 Villa Clerk