03/17/20031
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March 17, 2003
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, March 17, 2003, at 7:35 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 Village Manager Robert Franz.
MOMENT OF SILENCE In light of President Bush's address to the
nation earlier this evening regarding the
imminent war with Iraq, Mayor Harris called for a moment of reflection and prayer.
PLEDGE OF ALLEGIANCE Mike Baumer, District Governor of the Lions
Club and Ahmed Hawari, President of the
Deerfield Lions Club, led those in attendance in reciting the Pledge of
Allegiance. Deerfield Lions Club member John Sciaretta thanked the Mayor and
Board for their good work and dedication.
APPROVAL OF MINUTES Trustee Ragona asked that on Page 3, in the
section regarding text amendments to the
Zoning Ordinance, the first sentence in the third paragraph be amended to begin,
"Bob Benton explained that Plan Commission members found the requirements and
`enforcement' provisions too difficult. . ." Trustee Ragona then made a motion to
approve the minutes of the previous meeting as amended. Trustee Swanson seconded
the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Ragona made a motion to approve the
Bills and Payroll. Trustee Wylie seconded the
motion. The motion passed by the following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
TREASURER'S REPORT Bob Fialkowski presented highlights from the
February Treasurer's Report. Sales tax
received in February (for November sales) is 4.0% over the same period last year,
and the running 12 -month total sales tax is 3.3% over the prior year. The
hotel /motel tax and the state income tax continue to lag. As of February 28, 2003
100% of available cash was invested at an average interest rate of 3.52% compared
to an average rate of 1.17% for the 90 -day Treasury Bill.
PUBLIC COMMENT There was no public comment on non - agenda
items.
Board of Trustees Meeting
March 17, 2003
Page 2 of 10
REPORT AND RECOMMENDATION OF PLAN
COMMISSION RE REQUEST FOR APPROVAL
OF FINAL PLAT OF SUBDIVISION, 1247
DEERFIELD ROAD, DEEP DENE
in substantial conformance to the
resubdivision and recommends it be
REPORTS
The Plan Commission held a workshop meeting
on February 27th to review the final plat of
resubdivision for the property at 1247
Deerfield Road, commonly known as "Deep Dene ".
The Plan Commission finds the final plat to be
Dreviously approved preliminary plat of
approved. The motion passed 6 -0.
Joe Kayne and Helene Linton, co- chairpersons
of the Save the Barn Committee, were in attendance to request financial assistance
from the Board for moving the historic two -cow Seth Gooder Barn from its current
location at Deep Dene to the grounds of Caruso Middle School. The park district
has indicated its willingness to donate the land for the barn, and School District
109 has expressed an interest in using it as a museum and in the outdoor education
program. In a letter to the Board read by Mayor Harris, Tom Roth of the Deerfield
Area Historical Society expressed his support of the project. None of these
groups, however, is willing to provide the approximate $30,000 needed to move and
restore the barn. Mr. Kayne noted that it will be necessary to move quickly if
the barn is to be saved, as the redevelopment of the Deep Dene parcel is slated to
begin soon. Brad Rappaport, who grew up at Deep Dene, was in attendance and
indicated his support of the project.
Board members discussed the matter for several
minutes, after which Mayor Harris indicated that there seems to be Board support
for the project and that possible Village participation in its funding can be
discussed in the 2003 -2004 budget discussions which are currently underway. Mr.
Franz added that the request to locate the barn at Caruso Middle School would have
to go to the Plan Commission for a public hearing.
Trustee Ragona made a motion to accept the
Report and Recommendation of the Plan Commission regarding approval of the final
plat of subdivision for Deep Dene and to direct the Village Attorney to prepare an
ordinance. Trustee Wylie seconded the motion. The motion passed unanimously.
REPORT AND RECOMMENDATION OF PLAN
COMMISSION RE REQUEST FOR A SPECIAL
USE TO ALLOW A RESTAURANT IN THE
DEERBROOK MALL NORTH OUTLOT
BUILDING, BAJA FRESH RESTAURANT
passed 4 -0.
The Plan Commission held a public hearing on
February 13th. It is their recommendation that
Baja Fresh's request for a Special Use to
permit the establishment of a restaurant in
the northernmost outlot building in Deerbrook
Shopping Center be approved. The motion
Architect James Alt explained that Baja Fresh,
which is a quick serve Mexican Restaurant owned by Wendy's International, will be
the only outlot restaurant at Deerbrook Mall. Several other Baja Fresh
restaurants have recently opened in the Chicagoland area.
After a brief discussion regarding the
restaurant's rooftop equipment, Trustee Wylie made a motion to accept the report
and recommendation of the Plan Commission to approve a Special Use to permit the
Baja Fresh Restaurant and to direct preparation of an ordinance. Trustee Ragona
seconded the motion. The motion passed, with all trustees voting for it except
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Board of Trustees Meeting
March 17, 2003
Page 3 of 10
Trustee Kayne, who explained that he voted against the motion because he is not in
favor of having outlot buildings at Deerbrook Mall.
REPORT AND RECOMMENDATION OF PLAN It is the recommendation of the Plan
COMMISSION RE REQUEST FOR CHANGES Commission that Deerbrook Mall's request for a
TO FINAL DEVELOPMENT PLAN- DEERBROOK finding of substantial conformance to allow
SHOPPING CENTER the six tenant storefronts (Famous Footwear,
Connie Pagano, Kuhn's Delicatessen, Boston
Market, Ristorante Abruzzo and Ulta 3) to be replaced not later than indicated on
the schedule submitted by the petitioners (dated 2/11/03) be approved. The motion
passed 5 to 0 with one member recusing himself.
Mr. Coblentz commented that the sales tax
sharing agreement with the developer goes into effect as of the date of
substantial completion of the mall, which includes storefronts. If substantial
completion is delayed, as it could be if this request is approved, sales tax money
would go into an escrow account until completion of the project.
Patty Mahoney of Mid America Asset Management
reported that the agreement does not affect the building faqade, only the glass.
Mid America wasn't aware that delaying the installation of the glass would affect
the tax sharing provision. The reason for the installation delay is to give the
affected tenants the opportunity to remodel their space, which would perhaps
include changing the location of their door. Mid America had not yet discussed
with each tenant what their plans are with regards to remodeling.
During the discussion that followed, Mayor
Harris and several trustees commented that that it is unacceptable that the
tenants who are not doing any remodeling should have to wait up to two years to
have their storefronts completed. Trustee Ragona reported that Andrew Wagner,
owner of Kuhn's, told him he would like to have the fagade of his store completed
immediately. Trustee Rosenthal made a motion to table the matter until the next
meeting, during which time Mid America should talk to each tenant to see what
their wishes are. Trustee Seiden seconded the motion. The motion passed
unanimously. Mayor Harris stated that the responses from the tenants should be
submitted to the Village in letter form, signed by each tenant.
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR AMENDMENT February 27th to consider the request of the
TO SPECIAL USE /PUD TO PERMIT • owners of Industraplex for an amendment to
RENOVATIONS TO THE BUILDING AND their Planned Unit Development and a rezoning
REZONING FROM I -2B OUTLYING LIMITED of the property from I -2B Outlying Limited
INDUSTRIAL DISTRICT TO I -1 OFFICE, Industrial District to I -1 Office, Research,
RESEARCH AND INDUSTRIAL DISTRICT, and Industrial District as the majority of the
INDUSTRAPLEX, 440 LAKE COOK ROAD building is proposed to be for office use.
By a vote of 6 -0, the Plan Commission voted in
favor of the petitioner's request.
Richard Preves, architect for the project,
reported that DiPietro
Plumbing,
which built and partially
occupies the building
at 440 Lake Cook Road,
2004. The petitioners
plans to move partly or entirely out
are seeking I -1 zoning to permit the
of the building in
building to be
renovated for office use. They
plan to take out the north
storage yard and turn
the space into on -site
parking.
They also plan to demolish
part of the building
to provide space to further increase parking. Although the
footprint of the
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Board of Trustees Meeting
March 17, 2003
Page 4 of 10
building will decrease, the total size of the building will increase from 20,000
square feet to 27,000 square feet due to the addition of a second floor over the
existing first floor on the west side of the building. Many other improvements
will be made to the building, including a new vestibule, windows, mechanicals, and
ADA requirements. There will also be new landscaping and outdoor lighting. Mr.
Preves noted that no signage changes are being requested, and no changes are
proposed for the other two buildings on the Industraplex site.
Trustee Rosenthal and Trustee Seiden expressed
concern about increased traffic, but in Mr. Preve's.opinion the new uses would
generate only about twenty extra trips per day and would have little impact on
either Lake Cook Road or Waukegan Road.
After further discussion, Trustee Rosenthal
made a motion to accept the Report and Recommendation of the Plan Commission and
to direct the Village Attorney to prepare an ordinance. Trustee Swanson seconded
the motion. The motion passed unanimously.
REPORT AND RECOMMENDATION OF Trustee Seiden reported that the ordinance
RESIDENTIAL REDEVELOPMENT REVIEW on drainage is still being prepared by staff
TASK FORCE RE AMENDMENT TO and the Village Attorney. So as not to
SIDEYARD SETBACK PLANE burden homeowners with unnecessary
requirements and costs, every effort is being
made to differentiate improvements which would affect water run off from those
which probably would not.
Trustee Seiden assured homeowners that the
zoning changes suggested by the task force allow for any home in Deerfield, even
those built on sub - standard lots, to have a second floor addition, while still
protecting neighbors from a house that is too large for the lot. He then
explained an addendum that the task force recommends be accepted as part of their
report. The addendum makes provisions for setback plane problems that owners of
some sub - standard lots might otherwise have encountered when designing a second
story addition. Trustee Seiden moved for acceptance of the addendum. Trustee
Wylie seconded the motion.
Trustee Ragona commented that.the addendum is
an improvement but does not address all homes on sub - standard lots, specifically
those with a peak running side to side or those with an irregularly shaped lot.
He encouraged anyone with concerns to come to the next Plan Commission meeting and
voice them.
Phil Roseborough of 426 Hermitage, Greg Heiser
of 453 Hermitage and Daryl Penn of 1228 Woodruff, all of whom own homes on sub-
standard lots, asked questions about various provisions of the proposed
regulations and expressed concern about the effect the provisions might have on
the value of their property.
After everyone who wished to speak on the
matter had done so, the motion to accept the addendum passed unanimously.
Trustee Seiden reported that members of the
Residential Redevelopment Task Force will be in the Board Room on Saturday
beginning at 9:30 A.M. Anyone with an interest in this topic should feel free to
drop by.
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Board of Trustees Meeting
March 17, 2003
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ORDINANCE 0 -03 -09 AMENDING
MUNICIPAL CODE RE DECREASE IN THE
NUMBER OF POLICE SERGEANTS
CONSENT AGENDA
An ordinance amending the Municipal Code re
decreasing the number of police sergeants from
12 to 11. Second Reading.
ORDINANCE AUTHORIZING A SPECIAL An ordinance authorizing a Special Use for a
USE FOR A CIB BANK FACILITY AT 700 CIB bank facility at 700 Osterman Avenue.
OSTERMAN AVENUE First Reading.
ORDINANCE ESTABLISHING PARKING An ordinance establishing parking restrictions
RESTRICTIONS ON KENTON ROAD FROM on Kenton Road from Deerfield Road to Kingston
DEERFIELD ROAD TO KINGSTON TERRACE Terrace. First Reading.
Trustee Kayne asked that the ordinance
regarding the CIB Bank facility be removed from the Consent Agenda. Board members
agreed.
Trustee Rosenthal moved for acceptance of the
Consent Agenda (minus the CIB Bank facility ordinance) and adoption of the
ordinance. Trustee Wylie seconded the motion. The motion passed by the following
vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
The ordinance regarding the proposed CIB
Bank facility at 700 Osterman Avenue will stand as a First Reading.
OLD BUSINESS
ORDINANCE 0 -03 -10 AUTHORIZING A An ordinance authorizing a Special Use for
SPECIAL USE FOR COOKER'S RESTAURANT Cooker's Restaurant in Lake Cook Plaza. First
IN LAKE COOK PLAZA Reading.
Larry Stein, owner of Cooker's Restaurant,
explained that he is being evicted from Deerbrook Mall due to its redevelopment
and plans to relocate to Lake Cook Plaza. As the eviction is coming soon, he
asked for a waiver of the rules to permit the ordinance to be voted on at First
Reading.
Trustee Ragona moved for a waiver of the
rules. Trustee Swanson seconded the motion. The motion passed by the following
vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Ragona moved for adoption of the
ordinance. Trustee Swanson seconded the motion. The motion passed by the
following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
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Board of Trustees Meeting
March 17, 2003
Page 6 of 10
ORDINANCE 0 -03 -11 APPROVING A
SIDEYARD VARIATION TO EVAN HSIEH,
1315 MEADOW LANE
second reading so they may begin
Trustee Kayne so moved. Trustee
waiver of the rules passed by th
AYES: Kayne, Ragona, Rosenthal,
NAYS: None (0)
An ordinance approving a sideyard variation
for Evan Hsieh, 315 Meadow Lane. First
Reading.
The Hsiehs have asked for a waiver of the
construction of their home addition right away.
Ragona seconded the motion. The motion for a
following vote:
Seiden, Swanson, Wylie (6)
Trustee Kayne moved for adoption of the
ordinance. Trustee Ragona seconded the motion. The motion passed by the
following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE APPROVING A SPECIAL USE Attorney Paul Diambri reported that the
FOR AN AUTOMOBILE CONVENIENCE FOOD petitioners are requesting to retain four
SHOP IN'CONJUNCTION WITH THE driveway cuts onto their property. They
OPERATION OF A CITGO GAS STATION feel that truck traffic makes this a
AT 1460 WAUKEGAN, VITI, HELD OVER necessity. They are proposing that the
FROM 1/21/03 the fourth curb cut be posted with "No Left
Turn" signage. Mr. Diambri commented that the
Viti's looked into providing additional traffic access in the back of their
property, but there is an existing telephone pole that would cost $100,000 to
move, and there are other items that would need to be relocated as well. They are
therefore proposing a site plan similar to the last time, but with a revised
landscaping plan that includes a sidewalk. Mr. Diambri added that the changes
will be expensive, and the petitioners are asking that they be permitted to phase
them in, or else that the Village participate in the cost. Amy Patera reviewed
the proposed landscaping plan, which includes a sidewalk and planters but, due to
cost, has only about half as many plants as previously indicated. Mr. Diambri
reminded the. Board that the petitioners have been trying to obtain approval for
changes to this site since July 2002, and that they previously received approval
from the Plan Commission.
Trustees spent several minutes discussing the,
proposal, with some expressing disappointment that this proposal puts the fourth
curb cut back in, decreases the amount of landscaping, and does not take into
account other suggestions previously made by the Board. Other trustees disagreed,
stating that the Citgo petition should be approved.
Mr. Coblentz commented that the ordinance that
has been drafted does not reflect the changes presented by the petitioner tonight.
Should the Board approve the changes, the ordinance would have to be revised, but
still could appear on the next agenda as a Second Reading.
Trustee Wylie made a motion to approve a
special use for an automobile convenience food shop in conjunction with the
operation of a Citgo gas station at 1460 Waukegan Road with three curb cuts and
contingent on approval of a revised sidewalk and planting plan to be prepared
before final reading of the ordinance. The sidewalk would be in a straight line
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Board of Trustees Meeting
March 17, 2003
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and would be a minimum of 5' wide. To accomplish this, wheel stops would be
provided and plant material would be relocated. Trustee Rosenthal seconded the
motion.
Mayor Harris gave Mr. Diambri and the
petitioners a few minutes to confer on Trustee Wylie's motion. When they returned
Mr. Diambri reported that his clients feel strongly that that the fourth curb cut
is a necessity and must be retained. They are willing to locate the sidewalk
wherever the Board chooses, and they will redesign the landscaping as dictated by
the location of the sidewalk. They are withdrawing their request for a. phase -in
of the improvements or a financial contribution from the Village.
Further discussion followed. Trustee Ragona
suggested narrowing the fourth curb cut to one lane, signed for right turn out
only. Trustee Wylie suggested modifying the parking along Waukegan Road. This
would allow the sidewalk to be moved away from Waukegan Road and would also
provide space for additional landscaping.
Trustee Ragona moved to table the matter to
allow Mr. Diambri and the petitioners to confer a second time while the Board
continues with other agenda items. Trustee Swanson seconded the motion. The
motion passed unanimously.
RESOLUTION R -03 -04 AUTHORIZING The period of time for which the grant funds
AMENDMENT TO EXTEND EXPIRATION DATE are available for the Deerfield Road
OF GRANT AGREEMENT WITH IDOT, Pedestrian Bridge Project expires March 30,
PEDESTRIAN BRIDGE 2003. Staff and the consultant believe it is
necessary to extend this time period to allow
for any unforeseen delays in the bidding of the project as well as for securing
the necessary funds for construction. IDOT has advised that a new policy calls
for a ten year time frame to complete projects, with no grant extension allowed
beyond that time. They will therefore extend the expiration date ten years from
the original award to March 31, 2011. A resolution authorizing and approving the
amendment is required.
Trustee Ragona moved to adopt a resolution
authorizing the amendment. Trustee Swanson seconded the motion. The motion
passed unanimously.
NEW BUSINESS
ANALYSIS AND AWARD OF BID FOR This agenda item is being held over until the
REVERSE 9 -1 -1 TELEPHONE SYSTEM next Board meeting.
ORDINANCE DESIGNATING TIME LIMITS
ON PARKING ON THE WEST SIDE OF
WARRINGTON ROAD 50' NORTH OF ESSEX
COURT
P.M. Signage would be posted prov
For the safety of Walden School students,
staff is recommending an ordinance restricting
parking, stopping or standing on the west side
of Warrington for a distance of 50' north from
Essex Court between the hours of 3:00 -3:30
iding this information. First Reading.
ORDINANCE RESERVING VOLUME CAP IN This year Deerfield's private activity bond
CONNECTION WITH PRIVATE ACTIVITY cap is $1,381,500. The Village has received
BONDS an offer from Stern Brothers & Co. in the
Board of Trustees Meeting
March 17, 2003
Page 8 of 10
amount of $17,268.75 (1.25% of the cap) as a fee for ceding the allocation, which
will be used for a housing development in Matteson. As it is unlikely that any
current Deerfield business will need the allocation, and as the Stern Brothers &
Co. offer was the only one received, the finance director is recommending that it
be accepted. This will stand as a First Reading.
DISCUSSION
DEERFIELD HIGH SCHOOL HONORED Mayor Harris congratulated Deerfield High
School for being named by the Chicago Sun
Times as one of the top ten high schools in Illinois.
THANKS TO TOWNSHIP OFFICE Mayor Harris thanked the West Deerfield
Township office for being open for absentee
voting on the two Saturdays before the April 1st election. He reminded residents
that the Village, school district and library all have contested races, and he
encouraged everyone to vote.
THANKS TO OPTIMIST CLUB Trustee Wylie thanked the Optimist Club for
its sponsorship of Youth Appreciation Night
recently held at Deerfield High School.
TRUSTEE IN THE TOWN
1:00 -4:00 P.M. at the library.
Trustee Seiden announced that the next Trustee
in the Town will take place this Saturday from
SWALCO NEWS Trustee Ragona announced that SWALCO will hold
a household chemical waste pickup on May 17th
at Caruso Middle School. A pick up of electrical items is scheduled for June.
REPORTS, cont'd.
SPECIAL USE FOR 1460 WAUKEGAN, Upon their return from conferring, Mr. Diambri
VITI, cont'd. reported that his clients have looked at many
plans for their parking lot throughout the
approval process, and they feel that the parking lot configuration proposed by
Trustee Wylie will not work. They are hopeful that the Board will approve the
plan that was previously approved by the Plan Commission. Trustee Ragona's
suggestion regarding signing the fourth curb cut as right turn out only is
acceptable.
Trustee Wylie restated his previous motion.
Trustee Rosenthal moved to remove the motion from the table. Trustee Swanson
seconded the motion. The motion passed unanimously.
A roll call was taken on Trustee Wylie's
motion, with the vote as follows:
AYES: Rosenthal, Seiden, Wylie (3)
NAYS: Kayne, Ragona, Swanson (3)
The vote being tied, Mayor Harris voted `Nay"
and the motion therefore failed.
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Board of Trustees Meeting
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Trustee Ragona made a new motion. His motion
was for an ordinance approving a Special Use for an automobile convenience food
shop in conjunction with the operation of a Citgo gas station at 1460 Waukegan
Road with three full curb cuts and one exit only curbed and curved curb cut
(southernmost) which will be restricted to traffic exiting southbound onto
Waukegan Road. An updated site plan and a Board approved landscape plan showing
the location of the sidewalk must also be provided. Trustee Kayne seconded the
motion.
After discussion the motion passed by the
following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson (5)
NAYS: Wylie (1)
A revised ordinance will be prepared for
Second Reading at the next meeting.
Mayor Harris thanked the petitioners for their
patience during the approval process.
DISCUSSION, cont'd.
FAMILY DAY COMMISSION APPOINTMENTS Mr. Franz announced the following appointments
to the Family Days Committee:
• Chairperson - Ed Seidman
• Fireworks - Mark Mitchell, Wallace Dunn and Mark Villano
• Parade - Gene DiClementi
• Food - Jack Pohn
• Art & Crafts - Judy Nelson
• Park District - Rick Julison
• Police Department - Rick Wilk
Trustee Seiden moved to accept the
appointments. Trustee Swanson seconded the motion. The motion passed
unanimously.
DATE FOR NEXT MEETING Mr. Franz announced that due to March having
five Mondays, the next Board meeting will be
in three weeks, on April 7 "'
BUDGET MEETING Mr. Franz suggested that due to the late hour
the budget meeting scheduled to follow
tonight's Board meeting be cancelled. Another budget meeting has previously been
scheduled for tomorrow evening at 7:00 P.M. The Board and staff agreed to cancel
tonight's meeting and to meet tomorrow at 6:30 P.M. for pizza, with the actual
meeting beginning at 7:00 P.M.
PUBLIC COMMENT
such a protracted approval process.
Melissa Bigg expressed her disappointment with
the Board for putting the Viti family through
Board of Trustees Meeting
March 17, 2003
Page 10 of 10
ADJOURNMENT There being no further business to discuss,
Trustee RagDja,,a made a motion to adjourn the
meeting. Trustee Swanson seconded the mot; qh motion passed unanimously.
The meeting was adjourned at 10:28 P.N. jj ))
ATTEST:
I �L'Oa
---village 'Cl—erk
ED:
Mayor
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