09/15/2003I��
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September 15, 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, September 15, 2003, at 7:30 P.M. The Clerk called the roll and announced
that the following were:
Present: Steve Harris, Mayor
Robert Benton
Jerry Kayne
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.
PLEDGE OF ALLEGIANCE Fred Turner and his daughter Paula led those
in attendance in reciting the Pledge of
Allegiance.
APPROVAL OF MINUTES Trustee Benton made a motion to approve the
minutes of the previous meeting. Trustee
Wylie seconded the motion. Trustee Rosenthal made a minor change to the section
regarding installing a basketball court at Briarwood Park. A motion to approve
the minutes as amended passed unanimously.
BILLS AND PAYROLL Trustee Wylie made a motion to approve the
Bills and Payroll. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
TREASURER'S REPORT Bob Fialkowski presented highlights from the
August Treasurer's Report. Sales tax received
in August (for May sales) is a 6.5% increase over the same period last year and a
6.2% increase for the last twelve -month period versus the year before. As of
August 31, 2003, 100% of available cash was invested at an average interest rate
of 3.04% compared to an average rate of .96% for the 90 -day Treasury Bill.
PROCLAMATION - CENTENNIAL Mayor Harris read a proclamation designating
CELEBRATION /PATTY TURNER DAY October 4, 2003, as Patty Turner Day in
Deerfield. On that date the new Patty Turner
Senior Center will be dedicated as part of Deerfield's celebration of its 100"'
anniversary of incorporation.
Trustee Rosenthal moved for acceptance of the
proclamation. Trustee Swanson seconded the motion. The motion passed
unanimously. Fred Turner and his daughter Paula accepted the proclamation on
behalf of the Turner family.
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PROCLAMATION - KIWANIS PEANUT DAY Mayor Harris read a proclamation designating
September 26th as Kiwanis Peanut Day in
Deerfield, and he urged all citizens to support the event.
Trustee Swanson made a motion to accept the
proclamation. Trustee Rosenthal seconded the motion. The motion passed
unanimously. Bob Speckmann accepted the proclamation of behalf of the Kiwanis
Club.
PUBLIC COMMENT Robert Feldman, 860 Kenton, distributed a
proposed amendment to Ordinance 0 -03 -32
recently passed regarding bulk regulations. The proposed amendment provides an
exemption from the ordinance for residences that need renovation, rehabilitation
or an addition in order to make them accessible for an individual certified as
having a physical disability.
After discussion it was agreed that the
Residential Redevelopment Review Task Force will take the matter under advisement.
Staff will contact Mr. Feldman with a -time frame for the discussion.
REPORTS
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR TWO -LOT August 28th. It is their recommendation that
RESUBDIVISION, 140 BIRCHWOOD the petitioner's request for approval of a
preliminary plat of resubdivision for the
property at 140 Birchwood Avenue be approved. The motion passed 5 -0.
Keith Collins, attorney for the petitioner,
explained that the proposed resubdivision meets all the requirements of the Zoning
Ordinance and that no variations are requested.
Trustee Rosenthal moved to accept the report
and recommendation of the Plan Commission and to direct preparation of an
ordinance. Trustee-Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Seiden,.Swanson, Wylie (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR APPROVAL August 14th. It is their recommendation that
OF A SPECIAL USE FOR A RESIDENTIAL Red Seal Development's request for approval of
PLANNED UNIT DEVELOPMENT, REZONING an amendment to the Village's Comprehensive
FROM I -1 OFFICE, RESEARCH AND Plan to designate the land use of the property
RESTRICTED INDUSTRIAL DISTRICT TO located at 1085 and 1095 Lake Cook Road as
R -5 GENERAL RESIDENCE DISTRICT; residential from its current office
AMENDMENT OF COMPREHENSIVE PLAN designation be approved. The motion passed
AND GRANTING OF CERTAIN 3 -2. It is also the recommendation of the
MODIFICATIONS AND VARIATIONS - RED Plan Commission that the petitioner's request
SEAL DEVELOPMENT CORP., 1085 AND for approval of a rezoning of the subject
1095 LAKE COOK ROAD property from I -1 Office, Research and
Restricted Industrial District to R -5 General
Residence District be approved. The motion passed 3 -2. It is also the
recommendation of the Plan Commission that the petitioner's request for approval
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September 15, 2003
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of a special use for a residential planned unit development consisting of 100
multiple family housing units (68 townhouse units and 32 condominium units),
including the following variations, be approved:
• A reduction in the required perimeter setback so as to allow a perimeter set
back of 26' in lieu of the required 38';
• A reduction in the set back between a private street and the interior town home
buildings to allow a 23' set back in lieu of the required 25' set back;
• An increase in the building height of the condo building to allow a 4214"
building in lieu of the maximum 35' building height allowed;
• A variation to,allow a private street throughout the development; and
• A variation from the requirement of providing sidewalks along both sides of all
streets to allow a sidewalk only on the south side of the northern east /west
private road.
That motion also passed 3 -2.
After brief introductory remarks from Red Seal
Development Chairman David Hoffman and its President Todd Fishbein, urban planner
and zoning consultant Allen Kracower gave a power point presentation about the
12.3 acre site and the properties that surround it. Residential marketing
consultant Tracey Cross discussed the proposed development, Deerfield Estates,
which would consist of 68 townhomes in 12 buildings and 32 condos in a single
building. The units would range in price from $210,000 - $525,000 and would answer
the need for additional maintenance free `move down" housing for those in age
group 45 -74. Aaron Gruen, a consultant on land use policy and economic
development, discussed the obstacles and limitations of the site for office use.
Mr. Fishbein then summarized the Red Seal
proposal and cited numerous changes that have been made since the plan was
originally introduced. He stated that residential housing would have less traffic
impact than would office use, that the fiscal impact of residential housing would
be equal to or better than office use, and that residential use would provide
impact fees estimated at $150,000 - $175,000. He concluded his remarks by stating
that Red Seal would notify purchasers in any fashion the Village deems appropriate
of the antenna farm that abuts the site.
Mayor Harris asked for public comment.
Marvin Ehlers commented that he has numerous
concerns with the project. The development, which would be Deerfield's first
residential development south of Lake Cook Road (in Cook County and Northfield
Township), would be both physically and socially isolated from the remainder of
the Village (Northbrook schools, park district, and fire department; Cook County
voting issues, etc.). Mr. Ehlers feels the development would provide little
economic benefit to Deerfield, as much of the tax revenue would go to non -
Deerfield governmental units. Finally, he is concerned that residents of the
development would put pressure on the Village to eliminate the antenna farm, which
is on one of the only good locations for it, in addition to which it provides
significant revenue to the Village. Residents Barbara Struthers, Lou Dauria and
Larry Dondanville also expressed their opposition to the development, echoing Mr.
Ehlers concerns and adding others.
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Board of Trustees Meeting
September 15, 2003
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Howard Simon, 85 E. Larkdale, commented that
he lives in a Red Seal home and he has been happy with it. He would be interested
in downsizing within Deerfield and feels the proposed development would be ideal
for him and other residents like himself. Charles Mack, 1233 Blackthorn, agreed
that there is a need for this type of development in Deerfield. David Marks of
the Plan Commission commented than since the development is in Cook County, the
people who live in it would pay lower taxes than if the development were in Lake
County, which would be a benefit to the empty nesters who lived there. Don
Robinson, 724 Jonquil, stated that he is in favor of the development because it
would produce less traffic than an office complex. He also thinks it would be
more attractive than another office complex.
Board members then expressed their views on
the proposed development. Trustees Swanson, Wylie, Kayne and Rosenthal were all
against approving it, citing such reasons as: it is contrary to established
Village planning policy and goals; it is physically and socially isolated from the
rest of the Village; it is not pedestrian or bicycle friendly; it is not clear
that Deerfield's empty nesters would be the primary purchasers or that they would
be able to afford to live there; it provides only minimal financial benefit to the
Village .while requiring many Village services; it would provide less revenue than
the antenna farm; and it does not enhance the overall good of the Village.
Trustees Benton and Seiden were in favor of approving the development, stating
that it would give older citizens and first time home buyers another choice of
local housing, it is more affordable than many other locations in the area, and it
would create less traffic than an office complex.
Trustee Seiden made a motion to accept the
Report and Recommendation of the Plan Commission. Trustee Benton seconded the
motion. The vote was as follows:
AYES:. Benton, Seiden (2)
NAYS: Kayne, Rosenthal, Swanson, Wylie (4)
The motion therefore failed to pass, and the
Red Seal Development proposal is denied.
At 9:23 P.M. Mayor Harris called for a brief
recess. He reconvened the meeting at 9:32 P.M.
CONSENT AGENDA
ORDINANCE 0 -03 -33 AUTHORIZING An ordinance authorizing an amendment to a
AMENDMENT TO A SPECIAL USE TO ALLOW special use to allow installation of a
INSTALLATION OF A BASKETBALL COURT basketball court at Briarwood Park. Second
AT BRIARWOOD PARK Reading.
Trustee Rosenthal moved for acceptance of the
Consent Agenda and adoption of the ordinance. Trustee Swanson seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0).
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OLD BUSINESS
DISCUSSION RE KENTON ROAD On September 3rd staff met with residents of
IMPROVEMENT Kenton Road who would be most affected by the
proposed widening by 4' of Kenton Road between
Margate Terrace and Deerfield Road, a change which would make it the same width as
the portion of Kenton that is north of Margate. The overwhelming sentiment at the
meeting was that the street should not be widened, but should remain at the 20'
width it is at this time. A petition to that effect, signed by many Kenton Road
residents, was submitted to staff at the meeting. Mr. Franz reported that, due to
the strong view of Kenton's residents that Kenton should not be widened, it will
be resurfaced at its current width, unless staff is otherwise instructed by the
Board.
and Trustees Rosenthal and Swanson
he is not in favor of widening the
that the petition also states that
signs along Kenton. He noted that
Kingston Terrace. Donna Tremblay,
the widening and presented photos
on Kenton.
Garo Emerzian, 801 Kenton, thanked the mayor
for attending the meeting. He reiterated that
street. Robert Feldman, 860 Kenton, commented
residents are not in favor of "No Parking"
he would be in favor of having a 4 -way stop at
860 Kenton, commented that she too is against
to demonstrate that there is no parking problem
Mayor Harris commented that the only decision
to be made at this time is whether or not to widen Kenton. Parking issues will be
addressed at another time. It was agreed that, in accordance with the wishes of
the Kenton residents, the road will not be widened. It will be resurfaced only.
RESOLUTION R -03 -13 AUTHORIZING THE The Village initiated the Deerfield Road
MAYOR TO SIGN AMENDMENT TO THE Pedestrian Bridge Replacement Project in March
DEERFIELD ROAD PEDESTRIAN BRIDGE 2001. The project is funded by a grant from
STATE CAPITAL GRANT AGREEMENT the IDOT Operation Greenlight Program. The
original grant agreement is for design
engineering in the amount of $110,000. The*State has provided staff with
Amendment No. 3, which includes funds for construction and construction management
and increases the maximum amount to $1,110,000. Mrs. Little noted that any amount
above the maximum will be paid from the Village Center TIF. She requests
authorization for Mayor Harris to execute Amendment #3.
After discussion, Trustee Rosenthal made a
motion to authorize Mayor Harris to sign the amendment. Trustee Benton seconded
the motion. The motion passed unanimously.
ANALYSIS AND AWARD OF BID FOR Four proposals were obtained for demolition of
DEMOLITION OF LINDEMANN BUILDING the Lindemann building at 758 Deerfield Road.
The proposals include demolition, asbestos
removal, and backfill with granular material. An alternate is to complete the
demolition without the cost of granular backfill. Site Recovery Services, Inc.
presented the lowest proposal, with a base price of $68,655 and an alternate price
of $50,800. Mrs. Little recommends that the contract be awarded to Site Recovery
Services, Inc. for the base value in an amount not to exceed $68,655.
Trustee Rosenthal moved to award the contract
to Site Recovery Services, Inc. in an amount not to exceed $68,655. Trustee Wylie
seconded the motion. The motion passed by the following vote:
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AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ANALYSIS AND AWARD OF BID FOR Construction of the Public Works storage
CONCRETE FLOOR FOR STORAGE YARD yard building was recently completed. The
BUILDING interior concrete floor was not included in
the construction contract. Six proposals have
been obtained to complete the interior concrete floor. Mrs. Little recommends
that the contract be awarded to low bidder Scheduled Construction Corporation in
an amount not to exceed $25,025.
Trustee Seiden so moved. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
NEW BUSINESS
Mayor Harris stated that.he would like to
change the order of the items in the,New Business portion of the agenda. The
analysis and award of bid for a new copier and the resolution appointing a
director and alternate to SWALCO will be taken first. Then the Board will go into
Executive Session to discuss the real estate purchase agreement between the
Village and West Deerfield Township, after which they will return and finish the
meeting.
ANALYSIS AND AWARD OF BID FOR NEW Thirteen bids were received for a copier and
COPIER FOR VILLAGE HALL high speed printer for the new finance
information system. (The current Finance
Department copier would be transferred to Community Development, and their older
machine would be traded in as part of the purchase agreement). ABM Office
Equipment submitted the lowest total bid of $14,725 for a Kyocera Royal Ri -6330
copier. The price includes an optional scanning function at the cost of $500.
Although ABM's bid price for the copier alone is not the lowest bid price
received, when combined with their cost for maintenance, the total package cost is
the lowest. Mr. Fialkowski requests authorization to purchase the Kyocera Royal
Ri -6330 copier for a cost of $14,725, including trade -in of the existing Canon
NP6230 copier. '
Trustee Seiden so moved. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES:. Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
RESOLUTION R -03 -14 APPOINTING A The agreement establishing the Solid Waste
DIRECTOR AND ALTERNATE TO THE SOLID Agency of Lake County requires that each of
WASTE AGENCY OF LAKE COUNTY its members appoint a director and an
alternate. The terms of the current
appointment of the director and alternate have expired. Staff recommends that
Village Manager Franz be appointed as Director to SWALCO and that Diana Mikula be
appointed as Alternate.
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Board of Trustees Meeting
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Trustee Rosenthal so moved
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
DISCUSSION
Trustee Benton
Z'8,71
TRUSTEE IN THE TOWN Trustee Seiden announced that Trustee in the
Town will take place this Saturday from 9:00 -
noon at the Farmers Market. Trustees Kayne and Swanson will be in attendance.
POETS CORNER GARAGE SALE Trustee Seiden announced that the 13th annual
Poets Corner garage sale will take place this
Saturday from 9:00 A.M. - 4:00 P.M.
Mayor Harris asked for a motion to go into
Executive Session to discuss land acquisition. Trustee Benton so moved. Trustee
Wylie seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
The Board went into Executive Session at 9:58.
BOARD OF TRUSTEES MEETING, PART II
At 10:11 P.M. Mayor Harris recalled the
regular, board meeting to order.
ORDINANCE 0 -03 -34 AUTHORIZING Mr. Coblentz explained that the Board has
EXECUTION OF A REAL ESTATE PURCHASE before it an agreement to purchase 858
AGREEMENT BETWEEN THE VILLAGE AND Waukegan Road from West Deerfield Township for
WEST DEERFIELD TWP, 11T READING the sum of $960,000. The property is
currently used by the township, and the
agreement provides for them to continue to use it for a monthly rental amount of
$800 until March 2005. If the township continues to occupy the property beyond
that date, the rent will increase to $2,200 per month.
. . Trustee Benton moved for a waiver of the rules
to permit passage of the ordinance on First Reading. Trustee Swanson seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Larry Schmidt, who lives on the same block as
the two Deerfield Road properties that the Township hopes to acquire for its new
offices, expressed his concern that there may be a domino effect, with the whole
block eventually becoming non - residential. So that Mr. Schmidt can become
involved if he cares to, Mr. Franz explained the process that the township must go
through as it seeks approval to build on the site.
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Trustee Swanson moved for adoption of the
ordinance authorizing execution of a real estate purchase agreement between the
Village and West Deerfield Township. Trustee Wylie seconded the motion. The
motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal,.Seiden, Swanson, Wylie (6)
NAYS: None (0)
DISCUSSION, PART II
MUDFEST Trustee Rosenthal congratulated the Police
Department, the Park District and the Youth
Council on a successful Mudfest.
CENTENNIAL SCULPTURE Trustee Rosenthal asked that the Fine Arts
Commission and the Cable Commission work
together to create a program on the creation of the centennial sculpture.
NEW HOME ON CHESTNUT AND HAZEL Trustee Rosenthal reported that Mrs. Houpt
sent a memo to the Board indicating that the
small home currently being built at the corner of Hazel and Chestnut, which
required no zoning variations, is a unique situation. Community Development staff
looked at other small lots in the Village and were not able to find any other
locations where a home could be built.
COMMENTS FROM THE VILLAGE MANAGER Mr. Franz reported that:
• The street resurfacing program is underway. Residents living on the affected
streets will be notified by mail before the actual work begins.
• Due to September having five Mondays, there will not be a Board meeting in two
weeks. The next meeting will be in three weeks, and due to Monday, October 6th
being Yom Kippur, it will take place on Tuesday, October 7th.
• The Centennial Celebration will be held on Saturday, October 4th.
ADJOURNMENT There being no further business to discuss,
Trustee Benton made a motion to adjourn the
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