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09/19/2001September 19, 2001 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 Wednesday, September 19, 2001 at 8:00 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 Mayor Harris commented briefly on the September 11th terrorist attacks in New York and Washington and asked for a moment of silence in remembrance of the victims and their families. He announced that three students of Deerfield High School were. organizing a walk on Sunday, September 23rd from the high school to Deerfield Square. They will gather at 2:30 P.M. in the high school parking lot. The Village will provide whatever assistance it can to this event. APPROVAL OF MINUTES Trustee Seiden made a motion to approve the minutes of the September 4th Board of Trustees meeting. Trustee Ragona seconded the motion. Trustee Ragona stated that his comments on trademarking the Deerfield logo were not noted in the minutes and that he would provide them to the Manager. The motion to approve the minutes as .amended passed unanimously. BILLS AND PAYROLL Trustee Seiden 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, Swanson, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski, after noting format changes, presented highlights from the August Treasurer's Report. Sales tax receipts received in August (May 2001 sales) are down slightly from. last August (May 2000 sales).. Sales tax collected so far this fiscal year is $943,846. As of August 31, 2001, 100% of cash was invested at an average interest rate of 5.27 %, compared 'to an average rate. of 3.45% for the 90 -day Treasury Bill. KIWAMS PROCLAMATION The Village Manager read a proclamation declaring September 28th as Peanut Day in Deerfield. Robert Speckmann was present and accepted the proclamation on behalf of the local Kiwanis Club. EMPLOYEE SERVICE AWARD Mayor Hams presented a gold bracelet to Police Officer Marcea Ross in recognition of her 25 years of service to the Village. SERGEANT PROMOTION Chief John Sliozis announced that Officer Mel Solwisch has been promoted to Sergeant. Sergeant Soltwisch has been with the Deerfield Police. Department since 1985. The oath of office was administered by the Village Clerk. REPORT ON DEPARTMENTAL Barbara Houpt summarized the six -month report for OBJECTIVES, DEPARTMENT OF the Department of Community Development. She COMMUNITY DEVELOPMENT commented on the significant increase in building activity and the corresponding increase in plan review and inspections. Trustee Rosenthal asked if more help was needed in the department. Ms. Houpt responded that, due to a lack of space in the annex, there would be no place to put them. PUBLIC COMMENT Gil Antokal, 1137 Country Lane, spoke in his capacity as Co- director of the Community Blood Drive. He thanked everyone who already contributed blood in connection with the terrorist attacks on September 11th, and reported that Life Source is overwhelmed at this time. Since there is certain to be an on -going need for blood, he asked for volunteers in the future. Ken Werner, 784 Fox Hunt Trail, urged the Board to make the Pledge of Allegiance a regular part.of the meeting agenda. Mr. Werner was thanked for his suggestion which Mayor Harris stated would be discussed in public forum. HAZING INCIDENTS Mayor Harris asked Police Chief John Sliozis to report on recent hazing incidents involving high school students. Chief Sliozis commented that, while some hazing involving upper classmen and freshmen has been reported in past years, this year'they seem to be more physical. The police department is working closely with the high school to investigate these incidents and to take appropriate action. Chief Sliozis encouraged anyone who has a complaint on hazing to come forward. He stressed the fact that, in his opinion, the school is taking the matter very seriously. and is working with the police department to prevent such behavior in the future. SIGN FOR FIRST The Board considered a report from the Plan Commission PRESBYTERIAN CHURCH . recommending by a vote of 5 -0 that the Zoning Ordinance be amended to allow. for a larger wall sign for the Christian Beginnings Preschool and Childcare facility. The First Presbyterian Church at 824 Waukegan Road had petitioned for a 14 square foot wall sign in connection with their childcare facility, but agreed to the Plan Commission's recommendation of 8 square feet. Currently, no signs are allowed. Eran Ohlwein, representing the church, spoke in support of the petition. Trustee Ragona made a motion to approve the Plan Commission recommendation and to direct the Village Attorney to prepare an ordinance. Trustee Swanson seconded the motion which passed unanimously. 2 1 . ORDINANCE 0 -01 -27 AMENDING These three ordinances all relate to the proposed expansion of ZONING ORDINANCE, ORDINANCE 0 -01 -28 AUTHORIZING SPECIAL USE FOR A DRIVE THRU CLEANER, AND ORDINANCE 0 -01 -29 GRANTING VARIATIONS - ZENGELER CLEANERS, 1452 WAUKEGAN ROAD AYES: Kayne, Ragona, Rosenthal, NAYS: None (0) and variations for Zengeler Cleaners at 1452 Waukegan Road Trustee Rosenthal made a motion, seconded by Trustee Ragona, to pass the consent agenda. The motion passed by the following vote: 3eiden, Swanson, Wylie (6) ORDINANCE 0 -01 -30 AUTHORIZING Trustee Ragona moved, seconded by Trustee Kayne, to pass SPECIAL USE TO ESTABLISH A DUNKIN an ordinance granting a special use to establish a Dunkin DONUTS/BASKIN ROBBINS/TOGO Donuts/Baskin Robbins/Togo Great Sandwiches Restaurant GREAT SANDWICHES RESTAURANT with a drive -thru at 499 Lake Cook Road in the Lake Cook WITH A DRIVE -THRU WINDOW AT 499 Plaza Shopping Center. Trustees Rosenthal and Swanson LAKE COOK ROAD, LAKE COOK PLAZA voiced their opposition to the proposal citing that it changes the character of Lake Cook Road and will not be an asset to the community. The motion passed by the following vote: AYES: Kayne, Ragona, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) OLD BUSINESS ORDINANCE RE: ANNEXATION Two ordinances relating to the annexation of 1425 Carol OF 1425 CAROL LANE Lane were held over to the next meeting pending receipt of the Plat of Annexation from the petitioner. ORDINANCE 0 -01 -31 -SALES Attorney Peter Coblentz noted the changes since the last TAX SHARING AGREEMENT meeting to the proposed agreement between Lend Lease and the .Village to share increased sales tax in connection with redevelopment of Deerbrook Mall. The Sales Tax Base (calendar year 2000) has been confirmed by the Illinois Department of Revenue at $993,921. Also, Exhibits C and D have been combined into one exhibit showing that the developer and Sears expect to spend a combined $32,033,460 on the project. The Village is agreeing to rebate $5.5 million in sales tax rebates over a 15 year period. Trustee Ragona made a motion to authorize the Mayor to sign a Sales Tax Sharing Agreement with Lend Lease. Trustee Swanson seconded the motion. The motion passed by the following vote. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) SWALCO'S GREEN Discussed at the September 4th Village Board meeting, ZONE PROGRAM SWALCO representatives Andrew Quigley and Peter Adrian were in attendance to answer questions regarding Deerfield's participation in the program, which would involve commercial properties in the southeast and southwest quadrants of the Village Center. Trustee Ragona urged the Board to participate in the program as a means to 3 induce businesses to recycle. Trustee Wylie commented that the maximum amount to be invested by the Village ($20,000) was a modest expense for what is a noble cause. He added that the Village should be more aggressive in its efforts to get businesses to recycle. Mayor Harris and Trustee Seiden voiced opposition to Deerfield's participation citing the lack of any direct benefit to residents which might justify the expense. Trustee Ragona made a motion, seconded by Trustee Wylie, to direct the attorney to prepare an agreement between the Village and SWALCO for Deerfield's participation in the Green Zone Commercial Recycling Program. The motion passed by the following vote: AYES: Ragona, Rosenthal, Swanson, Wylie (4) NAYS: Kayne, Seiden (2) ORDINANCE 0 -01 -32 RE: Architect Kurt Hezner summarized his written report to the POLICE DEPARTMENT Board on the two proposals received for Roof Truss TRUSS REPLACEMENT Replacement on the police building. He is recommending the bid of Andrew & Bulley Construction Company even though it is slightly higher than the bid of Boller Construction. The primary reason for recommending Andrew and Bulley is their experience with this type of project and their commitment to complete the project before winter. After some discussion, Trustee Swanson made a motion, seconded by Trustee Ragona, to waive the rules for first reading on the ordinance. The motion passed unanimously. Trustee Kayne questioned why this major repair work was not discovered at the time the original renovation work was planned. Mr. Hezner responded that there was no reason initially to inspect what was an enclosed area since there was no evidence that the roof trusses were failing. Trustee Swanson made a motion to award a contract to Andrew & Bulley Construction Company in an amount not to exceed $456,538. The motion was seconded by Trustee Ragona. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE 0 -01 -33 RE: Mayor Harris announced that, beginning in October, Board BOARD MEETING STARTING TIME meetings would begin at 7:30 P.M. This proposed change was suggested last spring and the public asked to comment on it should there by any objection to it. Very few. comments, were received on the matter. Trustee Ragona commented that, because on occasion he must be in Chicago on Mondays, he would prefer that the starting time remain at 8:00 P.M. Trustee Kayne made a motion, seconded by Trustee Wylie, that amend the Municipal Code to change the starting time of Board meeting to 7:30 P.M. The motion passed by the following vote: AYES: Kayne, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: Ragona (1) 4 1 1 1 1 1 COMMITTEE OF THE WHO Trustee Wylie proposed that the Board hold periodic Committee of the Whole meetings in.order to brainstorm on current issues, undertake some strategic planning and improve the policy - making process. Agendas for these meetings would be set by the Board in tandem with Village staff. It was agreed that the first meeting would be held at 8:00 P.M. on Monday, October 8th. Trustee Seiden announced that the next Trustee in the Town will be held on Saturday, September 22nd at the Farmer's Market. Trustees Swanson and Wylie will be available for the public. DRIVEWAY WIDTH VARIATION Manager Franz asked the Board to consider a driveway width variation requested by Irwin Segal, 506 Warwick Road. He wants to replace his driveway which currently is 20' wide at the property line. The Municipal Code allows a maximum of 18'. The existing driveway was installed in 1983 without a permit. Apparently, the contractor failed to secure it. Because of the small variation requested and since there are no Village utilities on that side of the street, the Board was inclined to grant the variation. A motion was made by Trustee Rosenthal, seconded by Trustee Seiden, to grant a 2' width variation for a driveway improvement at 506 Warwick. The motion passed unanimously. EXECUTIVE SESSION Mayor Harris asked for a motion to go into Executive Session to discuss litigation. Trustee Kayne so moved. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Ragona made a motion to adjourn the meeting. Trustee Swanson seconded the motion ATTEST: illage Clerk 1;W 5 IuO