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09/03/2002September 3, 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 Tuesday, September 3, 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 Matthew Wylie Absent Vernon Swanson and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE William Smirles, Vice - Chairman of the Deerfield Park Foundation, led those in attendance in reciting the Pledge of Allegiance. He then gave a brief presentation on the new Thor Guard Lightning Protection System, which was activated earlier in the day. The foundation spearheaded the fundraising efforts, which resulted in these units being installed in various park facilities. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the minutes of the August 19th Board of Trustees meeting. Trustee Seiden seconded the motion. A motion to approve the minutes 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, Wylie (5) NAYS: None (0) PUBLIC COMMENT Gil Antokal, 940 Wayne Avenue, announced that the next blood drive will be on Sunday, September 22 °d at the park district community center. He also thanked the Deerfield Park Foundation for their work on the lightning protection system. CABLE COMMISSION REPORT Jesse Rotman, Chairman of the Cable & Telecommunications Commission, advised the board that a settlement proposal has been reached with AT &T Broadband. The commission recommends acceptance of a $10,000 settlement for all outstanding franchise violations. They further recommend that it be binding on AT &T Broadband returning to the negotiating table to resolve all remaining issues relating to "most favored nation" language in the franchise agreement. He also asked the board to encourage all residents to report any problems with cable service to the village so that AT &T's performance can be monitored. PUBLIC HEARING Mayor Harris reported that the public hearing involving an amendment to an annexation agreement for property at 755 Summit Drive would be removed from the agenda. The petitioner has been advised that legal notice for a new hearing date will be published when the matter is ready to proceed. Board of Trustees Meeting September 3, 2002 Page 2 of 5 REPORT AND RECOMMENDATION OF PLAN COMMISSION RE: REQUEST FOR A CLASS B SPECIAL USE TO PERMIT A TEMPORARY BANK AT 758 DEERFIELD REPORTS The plan commission held a public hearing on August 22, 2002 It is their recommendation that Wintrust Financial Corporation's request for a Class B Special Use to permit a temporary bank at 758 Deerfield Road be approved. On a motion to approve, the plan commission vote was 4 -0. REPORT AND RECOMMENDATION OF The Village Center Development Commission met on August 7, VCDC RE: REQUEST FOR A CLASS B 2002 to consider the Wintrust petition for a Class B Special Use SPECIAL USE TO PERMIT A TEMPOR- to permit a temporary bank at 758 Deerfield Road. On a vote of ARY BANK AT 758 DEERFIELD ROAD 5 -0, the VCDC recommended approval. Richard Rushkewicz, President of Northbrook Bank & Trust Company and Attorney William Graft summarized their petition stating that it has been a long process, but that progress was made in working with the VCDC in attempting to build consensus on the best location for a combined bank and West Deerfield Township facility on Deerfield Road within the northwest quadrant. The bank is asking for a temporary use in the Lindemann building to allow them to begin doing business while the process continues on their proposal for a permanent facility. The bank would occupy 2,376 sq. ft. on the first floor and include an interior walk -up ATM. If approved, the temporary use will terminate at whichever occurs earlier: (a) two years from occupancy or (b) within thirty days of the occupancy of a permanent bank within Deerfield. Several members of the audience spoke on the subject, some supporting the request and others opposing it. Mayor Harris thanked them for their input and commented that, while he would like to see Wintrust have a permanent bank in Deerfield, he opposes a temporary bank in Lindemann's. *Board members spoke against the temporary facility as well, agreeing that a decision should be made on a permanent bank before any temporary use be considered. Attorney Graft expressed disappointment in the board's position. He indicated the bank's willingness to continue talking, but emphasized the need for a platform to move the process along. Anticipating board deival, he withdrew the petition for a temporary bank facility. Responding to Mr. Graft's comments, Mayor Harris assured the bank that a meeting will be scheduled in the near future so that the board and bank can continue a dialogue on a permanent bank proposal. REPORT AND RECOMMENDATION OF The plan commission held a public hearing on August 8, 2002. PLAN COMMISSION RE: REQUEST FOR It is their recommendation that Demitri's request for an AMENDMENT TO SPECIAL USE FOR amendment to a special use to permit seasonal outdoor seating OUTDOOR SEATING - 660 LAKE COOK for its restaurant at 660 Lake Cook Road be approved. On a motion to approve, the vote was 5 -0. Trustee Ragona asked the petitioner if the outdoor seating area was for both restaurant uses. Spiros Angelos responded that it was only for Demitri's and for use only in the evening. Trustee Rosenthal made a motion to accept the report and recommendation of the plan commission and to direct preparation of an ordinance. Trustee Seiden seconded the motion. The motion passed unanimously. 1 1 L�7 1 LI Board of Trustees Meeting September 3, 2002 Page 3 of 5 ORDINANCE 0 -02 -35 APPROVING AMENDMENT TO THE ZONING ORDINANCE TO ALLOW 3 TENANT IDENTIFICATION DIRECTIONAL SIGNS AT DEERFIELD SQUARE CONSENT AGENDA An ordinance approving an amendment to the Zoning Ordinance to allow three tenant identification directional signs at Deerfield Square. Second reading. ORDINANCE 0 -02 -36 AMENDING An ordinance amending an approved signage plan to allow three AN APPROVED SIGNAGE PLAN TO tenant identification directional signs at Deerfield Square. ALLOW 3 TENANT IDENTIFICATION Second reading. DIRECTIONAL SIGNS, DEERFIELD SQUARE ORDINANCE 0 -02 -37 APPROVING AN An ordinance approving an amendment to the Zoning AMENDMENT TO THE ZONING Ordinance to allow a road testing facility in the C -2 Outlying ORDINANCE TO ALLOW A ROAD Commercial District. Second reading. TESTING FACILITY IN THE C -2 OUTLYING COMMERCIAL DISTRICT ORDINANCE 0 -02 -38 APPROVING A An ordinance approving a special use to allow a road testing SPECIAL USE TO ALLOW A ROAD facility at Lake Cook Plaza for the Illinois Secretary of State's TESTING FACILITY AT LAKE COOK office. Second reading. FOR THE ILLINOIS SECRETARY OF STATE' OFFICE Trustee Seiden made a motion for acceptance of the Consent Agenda and adoption of the ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) OLD BUSINESS MOTION FOR RECONSIDERATION Trustee Seiden moved, seconded by Trustee Ragona, to remove RE: FRONT YARD VARIATION — this item from the table. The motion passed unanimously. On 801 KENTON ROAD the motion (made at the August 19, 2002 Village Board ORDINANCE 0 -02 -39 meeting) for reconsideration of an ordinance granting a front yard variation at 801 Kenton Road, the vote was as follows: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Trustee Ragona moved for adoption of the ordinance. Trustee Kayne seconded the motion. The vote was as follows: AYES: Kayne, Ragona, Seiden (3) NAYS: Rosenthal, Wylie (2) Since one -half of the trustees voted in favor of the ordinance, the mayor votes in this situation. Mayor Harris voted "Aye ". The ordinance granting the variation passed 4 -2. Board of Trustees Meeting September 3, 2002 Page 4 of 5 DISCUSSION OF INCREASED Mayor Harris invited public comment on the resolution FUNDING — SENIOR CENTER proposing increased funding from the village for the new senior RESOLUTION R -02 -14 center in Brickyards Park. Resident Lou Dauria questioned the estimated per square foot cost of the building and suggested that alternative locations be considered. Mayor Harris responded that he has struggled with this issue but believes that the village should continue with its commitment to share the costs on a 50/50 basis. Other trustees agreed stating that too much time has elapsed to delay the project further, and that the Brickyards site was selected after all other locations had been ruled out. Trustee Rosenthal moved, seconded by Trustee Ragona to approve a resolution amending Resolution R -99 -15 increasing the maximum contribution to the cost of a new senior center to $2,404,036 with the understanding that the park district will assume any and all additional or further costs to the extent that the actual cost should exceed the current estimated total cost of $5.8 million. The resolution passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) NEW BUSINESS SALT PURCHASE UNDER Director of Public Works & Engineering Barbara Little STATE CONTRACT recommended purchasing bulk rock salt for ice control under the State of Illinois Joint Purchase Program at a unit cost of $3.1.48 /ton. An amount of $82,000 was budgeted. Trustee Rosenthal moved, seconded by Trustee Wylie to award a contract under the State of Illinois Joint Purchase Program to purchase bulk rock salt at a unit cost of $31.48 /ton. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ORDINANCE 0 -02 -40 AMENDING MUNICIPAL CODE BY TEMPORARILY INCREASE THE NUMBER OF POLICE SERGEANTS FROM 11 TO 12 shift and to continue with the accreditation p one of the existing sergeants. Police Chief John Sliozis requested that the board temporarily amend the Municipal Code to increase the number of police sergeants from eleven to twelve. Due to extended illnesses within the department, this increase is needed on a temporary basis to provide an adequate number of supervisors on each rocess. The number will revert back to 11 with the retirement of any Trustee Ragona moved, seconded by Trustee Kayne, to waive the rules for first reading of the ordinance. The motion passed unanimously. Trustee Ragona moved, seconded by Trustee Wylie to pass the ordinance increasing the number of police sergeants from eleven to twelve on a temporary basis. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) 1 rl I 1 Board of Trustees Meeting September 3, 2002 Page 5 of 5 DISCUSSION Trustee Ragona announced that the Solid Waste Agency of Lake County is sponsoring a one -day event where broken or unwanted household electronics will be collected on Saturday, September le between 8 a.m. and 3:30 p.rp. at 333 Knightsbridge Parkway in Lincolnshire. It is free to Lake County residents. VILLAGE MANAGER REPORT Mr. Franz reminded everyone of the Historical Society's Fall Festival on Sunday, September 8t' from noon to 5 p.m. Also, a remembrance ceremony will be held on the steps of the village hall at 9 a.m. on Wednesday, September I Ith. Mr. Franz also reported that, due to Yom Kippur, the next board meeting will be on Tuesday, September 17`s at 7:30 p.m. ADJOURNMENT meeting. The motion passed unanimously ATTEST: P;, _ illage Clerk There being no further business to discuss, Trustee Ragona made a motion, seconded by Trustee Kayne, to adjourn the The meeting was adjourned at 9:31 P.M.