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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