11/03/2003November 3, 2003
The regular meeting of the Board of Trustees of the
called to order by Mayor Harris in the Council Chamber of
Monday, November 3, 2003, at 7:30 P.M. The Clerk called
that the following were:
Present: Steve Harris, Mayor
Robert Benton
Jerry Kayne
Harriet Rosenthal
William Seiden
Vernon Swanson
Matthew Wylie
Village of Deerfield was
the Village Hall on
the roll and announced
and that a quorum was present and in attendance. Also present were Village
Attorney Peter Coblentz and Village Manager Robert Franz.
PLEDGE OF ALLEGIANCE Jason Blau, President of the Deerfield High
. School Student Council, led those in
attendance in reciting the Pledge of Allegiance. Jason then discussed several
current and upcoming student council activities.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
PUBLIC COMMENT
until 1:00 p.m.
new teen center
7:00 p.m. at the
November 7tn.
,299
Gil Antokol announced that there will be a
blood drive on December 7th from 8:00 a.m.
at the Jewett'Park Community Center. He also reported that the
"Platinum" will open for the first time on Friday, November 7th at
Jewett Park field house, and that the musical "Music Man" begins
REPORTS
REPORT AND RECOMMENDATION OF SAFETY Safety .Council Chairman Alan Bromberg reported
COUNCIL RE CRABTREE ENTRANCE TO that the Safety Council is making recommend -
WOODLAND PARK AND NO TURN ON RED ations for two locations. These are:
SIGNS ON DEERFIELD ROAD AT KENTON/
KIPLING (1) At the Crabtree Entrance to Woodland Park:
that Slow Children signs be placed on Crabtree
at the entrance to the park; that 10 mph speed limit signs be placed along
Crabtree in both directions in order to slow traffic in the park; and that No
Parking, Standing or Stopping regulations be implemented on the west side of
APPROVAL OF MINUTES
Trustee Kayne made a motion
to approve the
minutes of the October 20th
Board of Trustees
meeting and the October
27th Committee of the Whole meeting. Trustee
Benton
seconded the motion.. The motion passed unanimously.
BILLS AND PAYROLL
Trustee Wylie made a motion
to approve the
Bills and Payroll. Trustee
Seiden seconded
the motion. The motion
passed by the'following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
PUBLIC COMMENT
until 1:00 p.m.
new teen center
7:00 p.m. at the
November 7tn.
,299
Gil Antokol announced that there will be a
blood drive on December 7th from 8:00 a.m.
at the Jewett'Park Community Center. He also reported that the
"Platinum" will open for the first time on Friday, November 7th at
Jewett Park field house, and that the musical "Music Man" begins
REPORTS
REPORT AND RECOMMENDATION OF SAFETY Safety .Council Chairman Alan Bromberg reported
COUNCIL RE CRABTREE ENTRANCE TO that the Safety Council is making recommend -
WOODLAND PARK AND NO TURN ON RED ations for two locations. These are:
SIGNS ON DEERFIELD ROAD AT KENTON/
KIPLING (1) At the Crabtree Entrance to Woodland Park:
that Slow Children signs be placed on Crabtree
at the entrance to the park; that 10 mph speed limit signs be placed along
Crabtree in both directions in order to slow traffic in the park; and that No
Parking, Standing or Stopping regulations be implemented on the west side of
"Board of Trustees Meeting
November 3, 2003
Page 2 of 5
Crabtree in the park in order to encourage more parking in the parking lot off of
School Street. These measures should be considered temporary until the park
district determines how Woodland Park will be redeveloped.
(2) At the intersection of Deerfield Road at
Kenton and Kipling: that No Turn on Red regulations be implemented at all times
eastbound and westbound on Deerfield Road at Kipling and Kenton.
Staff noted that the 10 mph .speed limit
regulation on Crabtree would not be enforceable. Trustee Swanson commented that
the wording of the ordinance must be clarified to indicate that parking
restrictions would be only for the section of Crabtree that leads into Woodland
Park north of Greenwood. Linda Gryziecki commented that the Park District's only
concern with the proposals for Crabtree is that if people decide not to park on
Crabtree, parking problems may develop-on other nearby streets.
After further discussion, Trustee Rosenthal
made a motion to accept the Report and Recommendation of the Safety Council and to
direct preparation of two ordinances, one restricting parking on the west side of
Crabtree Lane, and one implementing No Turn on Red regulations at Kipling and
Kenton. Trustee Kayne seconded the motion. The motion passed by the following
vote:
AYES: Benton., Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE APPROVING AMENDMENT TO An ordinance approving an amendment to a
SPECIAL USE FOR AN ADDITION TO Special Use for an addition to Baker's Square
BAKERS SQUARE RESTAURANT Restaurant. The 166 square foot addition at
the southwest corner of the restaurant will
permit the existing public restrooms to be reconfigured and brought into
compliance with the Americans with Disabilities Act. First Reading.
OLD BUSINESS
RECONSIDERATION OF REPORT AND Mayor Harris asked for public comment on the
RECOMMENDATION OF PLAN COMMISSION Red Seal Development proposal, and during the
RE REQUEST FOR SPECIAL USE AND next hour ten individuals expressed an opinion
REZONING, RED SEAL DEVELOPMENT, on the matter. Four of them -Bruce Teitelbaum,
1085 AND 1095 LAKE COOK ROAD Neil Gershon, Mark Brown, and Michael Hartman
were in favor of the project, citing such
reasons as: the Village needs to provide senior housing for its residents; the
Village has a lot of empty office space; a housing development would cause fewer
traffic problems than office; the Plan Commission voted in favor of the proposal;
the Red Seal development would be more attractive than an office building; and no
other viable project has been proposed for the site. Five individuals - Marvin
Ehlers, Larry Dondanville,. Oscar Adler, Lou Dauria, and Tom Jester spoke against
the project, citing such reasons as: the Comprehensive Plan calls for there to be
no residential south of Lake Cook Road; the development would be physically and
socially isolated; the-future of'the cell towers and the income they provide to
the Village would be jeopardized; two -story housing units won't appeal to seniors,
the majority of the real estate taxes would go to Cook County and Northbrook; and
administration and enforcement of the 55 years of age or older rule would be
Board of Trustees Meeting
November 3, 2003
Page 3 of 5
difficult. Earl Stone was neither for nor against the proposal, but asked the
Board to consider what would be the best use for the property, not just for today
but over the long term.
Responding to some of the comments made by the
public, Todd Fishbein of Red Seal Development stated that empty nester housing is
needed, and the need will continue to grow. He stated that other developments of
this type have shown that administering the 55 -year or older policy need not be
difficult or cumbersome. He stated that Red Seal is willing to commit to selling
at least 50% of the housing units to Deerfield residents. Mr. Fishbein added that
he has a list of over 400 people who are interested in the proposed Red Seal
development. He stated that housing would have less impact on traffic than office
use, and noted that Bristol Estates,. also on Lake Cook Road, is a prospering
development. He commented that Red Seal's fiscal impact study indicates that the
development would have a positive fiscal impact, which would not be the case if
the land were used for open space or a park. He remarked that many developments
are built next to cell towers, and he considers cell towers to be a non - issue. He
concluded by stating that Red Seal would provide a beautiful and needed
development at one of the entrances to the Village.
After further discussion, Mayor Harris asked
for comments from the trustees. Trustee Wylie commented that the development is
wonderful looking but ill conceived in the proposed location. Trustee Seiden
enumerated several concerns about the project, but is especially concerned that
the cost is too high for many seniors, and that the development lacks single story
units, which is what empty nesters generally desire. Trustees Rosenthal and
Swanson commented that this is a land use issue, and that this is the wrong use
for the land. Trustee Kayne commented that he asked for reconsideration of this
matter because he felt it had a number of positive aspects that deserved further
discussion. After studying the matter again, however, and talking with many
residents about it, he is again planning to vote against it, mainly as a land use
issue. 'The property is inconveniently located. Leaving it as green space may be
its best use. Trustee Benton disagreed with the other trustees, stating that more
empty nester housing is needed and, with Deerfield being fully developed, there is
no other place to put it. In addition, a housing development would cause fewer
traffic problems than another office complex would.
. Mayor Harris summarized the process the Red
Seal proposal has gone through leading up to tonight's vote. Then, after
reminding listeners that he votes only in order to break a tie, Mayor Harris
commented that he has been, and continues to be, in favor of this proposal, and
would have voted in favor of.it if he had the opportunity to do so. However, he
respects the views of his colleagues, and disagrees totally with those who
commented that political considerations were involved in the process.
Trustee Benton made a motion to accept the
Report and Recommendation of the Plan Commission regarding a special use and
rezoning for 1085 and 1095 Lake Cook Road. Trustee Seiden seconded the motion.
The motion failed to pass, and the petition is denied. The vote was as follows:
AYES: Benton (1)
NAYS: Kayne, Rosenthal, Seiden, Swanson, Wylie (5)
Mayor Harris asked that the remainder of the
agenda be reordered, with discussion of the Fine Arts Festival coming next.
;3 0 2
Board of Trustees Meeting
November 3, 2003
Page 4' of 5
Trustee Rosenthal made a motion to authorize
Mayor Harris to sign the agreement with D & W Events for the art festival.
Trustee Seiden seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
OLD BUSINESS, cont'd.
AUTHORIZATION TO AMEND ENGINEERING At the direction of the Board, staff reviewed
CONTRACT RE DESIGN SERVICES, with McDonough Associates the proposed
PEDESTRIAN BRIDGE (HELD OVER FROM amendment to the design services contract for
10/20/03) the pedestrian bridge at the Deerfield Road
viaduct. Specifically, the hours expended by
the consultant were reexamined in an effort to more fairly reflect the obligations
of McDonough under the original contract and what they should receive in
additional compensation. As a result of the discussions, it is recommended that
the design engineering contract be amended to include additional design services
in the amount of $28,237, of which $15,974 will be paid by the Village.
Trustee Wylie made a motion to amend the
engineering contract with McDonough Associates to include additional design
services in the amount of $28,237, of which $15,974 will be paid by the Village,
as per the McDonough Associates letter of 10/31/03. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO AWARD ENGINEERING The Director of Public Works and Engineering
CONTRACT RE CONSTRUCTION SERVICES, asked McDonough Associates to provide a
PEDESTRIAN BRIDGE, (held over from proposal for engineering, architectural, and
10/20/03) management services during the demolition and
construction of the pedestrian bridge over
Deerfield Road. They submitted a proposal to complete construction engineering
and management services for $132,565. Mrs. Little recommends that the McDonough
Associates.contract be amended to include construction engineering services in an
amount not to exceed $132,565. The state grant will cover $50,000 of these costs,
and the remaining would be paid by the Village using TIF funds.
NEW BUSINESS
AUTHORIZATION
FOR MAYOR
TO SIGN Maer Davis reported that the Fine Arts
AGREEMENT FOR
FINE ARTS
FESTIVAL, Commission is recommending that the Village
MAY 29 AND 30,
2004
sponsor a fine arts festival on May 29`h and
30`h. The festival would be put on by D & W
Events, which
last year
put on a fine arts festival at Deerfield Square. Though
successful, Mr.
Malk has
told the commission that he does not plan to hold the
festival this
year. The
festival would be held on Park Avenue from Deerfield Road
to Jewett Park
Drive and
at the parking lot on Deerfield Road between Park Drive
and Robert York
Avenue.
There would be no cost to the Village.
Trustee Rosenthal made a motion to authorize
Mayor Harris to sign the agreement with D & W Events for the art festival.
Trustee Seiden seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
OLD BUSINESS, cont'd.
AUTHORIZATION TO AMEND ENGINEERING At the direction of the Board, staff reviewed
CONTRACT RE DESIGN SERVICES, with McDonough Associates the proposed
PEDESTRIAN BRIDGE (HELD OVER FROM amendment to the design services contract for
10/20/03) the pedestrian bridge at the Deerfield Road
viaduct. Specifically, the hours expended by
the consultant were reexamined in an effort to more fairly reflect the obligations
of McDonough under the original contract and what they should receive in
additional compensation. As a result of the discussions, it is recommended that
the design engineering contract be amended to include additional design services
in the amount of $28,237, of which $15,974 will be paid by the Village.
Trustee Wylie made a motion to amend the
engineering contract with McDonough Associates to include additional design
services in the amount of $28,237, of which $15,974 will be paid by the Village,
as per the McDonough Associates letter of 10/31/03. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO AWARD ENGINEERING The Director of Public Works and Engineering
CONTRACT RE CONSTRUCTION SERVICES, asked McDonough Associates to provide a
PEDESTRIAN BRIDGE, (held over from proposal for engineering, architectural, and
10/20/03) management services during the demolition and
construction of the pedestrian bridge over
Deerfield Road. They submitted a proposal to complete construction engineering
and management services for $132,565. Mrs. Little recommends that the McDonough
Associates.contract be amended to include construction engineering services in an
amount not to exceed $132,565. The state grant will cover $50,000 of these costs,
and the remaining would be paid by the Village using TIF funds.
I
I
1
Board of Trustees Meeting
November 3, 2003
Page 5 of 5
Trustee Benton moved to award the contract to
McDonough Associates in an amount not to exceed $132,565. Trustee Kayne seconded
the motion.
After discussion, the motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Swanson, Wylie (5)
NAYS: Seiden (1)
nTgrrIQQT(1TT
REQUEST FOR PEDESTRIAN CONSULTANTS Trustee Kayne asked that staff engage the
pedestrian consultants used for the Osterman/
Waukegan intersection rehabilitation, Edwards & Kelsey, to discuss pedestrian
improvements to the Deerfield Road rehabilitation. He would also like for the
Safety Commission to be involved in those meetings.
Staff will ask Edwards & Kelsey to provide a
proposal for the Board to review.
3 O 13,
DEERFIELD HIGH SCHOOL FIELD LIGHTS Trustee Wylie reminded listeners that
Deerfield High School is trying to raise money
to install lighting for the stadium field. He asked residents to financially
support the effort.
DEERFIELD HIGH SCHOOL FOOTBALL Mayor Harris reported that this past Saturday,
for the first time in fifteen years, Deerfield
High School hosted a first round playoff game, which they won. The second game
will take place next Saturday at Highland Park High School.
EXECUTIVE SESSION Mr. Franz asked the Board to go into Executive
Session to discuss personnel. Proper
notification has been sent.
Trustee Rosenthal so moved. Trustee Swanson
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ADJOURNMENT The being n further business to discuss,
at .M. t e meeting was adjourned to
Executive Session.
ATTEST: \
&;&& a 2�i� -
Village Clerk
Mayor