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08/19/20021 August 19, 2002 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, August 19, 2002 at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Derek Ragona Harriet Rosenthal William Seiden. Matthew Wylie Absent: Jerry Kayne Vernon Swanson and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE State Representative Susan Garrett led those in attendance in reciting the Pledge of Allegiance. She then briefly discussed the recently passed Call Registry Bill, which will allow individuals to have their names placed on a "no call" list that tele- marketers will be required to honor or face a possible fine. State Representative Garrett then thanked the Board for all the work they have done to make Deerfield a fine community. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the minutes of the previous meeting. Trustee Rosenthal seconded the motion. Trustee Ragona noted that Terry Link, not Kathy Parker, is currently Deerfield's State Senator. Trustee Rosenthal noted a typographical error on Page 2. A motion to approve the minutes as amended passed unanimously. BILLS AND PAYROLL motion. The motion passed by the Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Wylie seconded the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the July Treasurer's Report. General Fund revenues are at 25.8 % -of the total budgeted and are slightly ahead of projection. General Fund expenditures are at 19.3% of budget. Sales tax received in July (April 2002 sales) was $249,215, which is 1.0% below last July (April 2002 sales) but the running total is 3.2% over the prior year. Hotel tax continues to recover. As of July 31, 2002, 100% of available cash was invested at an average interest rate of 3.67 %, compared to an average rate of 1.7% for the 90 -day Treasury Bill. PUBLIC COMMENT There was no public comment on non - agenda items. PUBLIC HEARING RE REQUEST FOR This agenda item, continued from July 15, 2002, AMENDMENT TO ANNEXATION AGREEMENT, is being held over again. SUMMIT DRIVE Board of Trustees Meeting August 19, 2002 Page 2 of 6 REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT July 25th. It is their recommendation that Red TO A SIGN PLAN TO PERMIT A NEW Roof Inn's request for an amendment to a sign GROUND SIGN AND TEXT AMENDMENTS TO plan, including the necessary sign modifications THE ZONING ORDINANCE, RED ROOF INN and text amendments to the Zoning Ordinance, be denied. On a motion to approve, the vote was 2 -2. (Plan Commission rules of procedure require that a matter shall be considered passed when, a quorum being present, a majority of those members present have voted in the affirmative.) Mike Floyd of North American Signs was in attendance, representing Red Roof Inn. Mr. Floyd explained that Red Roof Inn would like to modify the existing ground sign (the new sign would be approximately 25 square feet smaller than the existing sign) and add to it a light emitting diode (L.E.D.) pricer. Red Roof Inn feels the-sign would benefit this facility, which is under performing. If the sign is effective and improves the site's performance, a major renovation of the facility will be considered. After discussion, Trustee Wylie made a motion to accept the report and recommendation of the Plan Commission. Trustee Rosenthal seconded the motion. Mayor Harris reminded Board members that a positive vote denies the petitioner's request. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) The Red Roof Inn petition is therefore denied. CONSENT AGENDA Trustee Rosenthal requested that Agenda Item 78 -63 -24 regarding Cadwell Corners Shopping Center be removed from the Consent Agenda. ORDINANCE 0 -02 -30 AMENDING A An ordinance amending a planned unit development PLANNED UNIT DEVELOPMENT TO PERMIT to permit permanent closure of the northern PERMANENT CLOSURE OF NORTHERN access road to Coromandel. Second Reading. ACCESS ROAD TO COROMANDEL ORDINANCE 0 -02 -31 INCREASING An ordinance increasing the number of Class E NUMBER OF CLASS E LIQUOR LICENSES liquor licenses from 18 to 19 at the request of FROM 18 TO 19, DEMITRI'S SEAFOOD Demitri's Seafood and Greek Restaurant, 660 Lake RESTAURANT, 660 LAKE COOK ROAD Cook Road. Second Reading. ORDINANCE APPROVING AMENDMENT TO An ordinance approving an amendment to the Zoning THE ZONING ORDINANCE TO ALLOW 3 Ordinance to allow three tenant directional signs TENANT DIRECTIONAL SIGNS AT at Deerfield Square. First Reading. DDERFIELD SQUARE ORDINANCE AMENDING AN APPROVED An ordinance amending an approved signage plan to SIGNAGE PLAN TO ALLOW 3 TENANT allow three tenant directional signs at Deerfield DIRECTIONAL SIGNS, DEERFIELD SQUARE Square. First Reading. 1 1 Board of Trustees Meeting August 19, 2002 Page 3 of 6 Trustee Ragona moved for approval of the Consent Agenda and adoption of the ordinances. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) ORDINANCE 0 -02 -32 APPROVING RECONFIGURATION OF THE SOUTH PARKING LOT AT CADWELL CORNERS SHOPPING CENTER, NORCOR CADWELL ASSOCIATES LLC AND NEWCASTLE PARTNERS The vote was as follows: AYES: Ragona, Seiden, Wylie (3) NAYS: Rosenthal (1) An ordinance approving reconfiguration of the south parking lot at Cadwell Corners Shopping Center at the request of Norcor Cadwell Assoc. LLC and Newcastle Partners. Second Reading. Trustee Ragona moved for adoption of the ordinance. Trustee Wylie seconded the motion. Since four affirmative votes are needed to adopt the ordinance, Mayor Harris was asked to vote. He voted "AYE ": The ordinance therefore passed. OLD BUSINESS Noting that there are several items on this agenda for which a petitioner has requested a waiver of the rules, Trustee Ragona commented that he is not generally in favor of granting them for commercial developments.. He feels that the public scrutiny allowed by a Second Reading is important and should not be sacrificed. ORDINANCE GRANTING A FRONT YARD An ordinance granting a front yard variation for VARIATION, EMERZIAN, 801 KENTON 801 Kenton Road. The variation would allow construction of an additional garage stall and second floor addition to the home. The proposed structure would encroach approximately 12.1' into the 50' required front yard. First Reading. In a letter to the Village dated 8/6/02 the Emerzians asked for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Ragona moved for the waiver of the rules. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) Trustee Ragona moved for adoption of the ordinance. Trustee Seiden seconded the motion. The vote was as follows: AYES: Ragona, Seiden (2) NAYS: Rosenthal, Wylie (2) As four affirmative votes are needed to pass the ordinance, the motion failed. Board of Trustees Meeting August 19, 2002 Page 4 of 6 Mayor Harris, Board members, and Mr. Coblentz spent several minutes discussing how best to proceed. Mr. Coblentz explained that the matter can be reconsidered if a motion is made to do so by a trustee who voted on the prevailing side, in this case Trustee Rosenthal or Trustee Wylie. The motion can be made at this meeting and the matter then tabled until a subsequent meeting when additional trustees are present, or the motion can be made at a subsequent meeting. Trustee Wylie made a motion to reconsider the motion when the full Board is present. Trustee Seiden seconded the motion. After further discussion of various options, Trustee Ragona made a motion to table Trustee Wylie's motion for reconsideration. Trustee Wylie seconded the motion. The motion to table passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) ORDINANCE 0 -02 -33 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO ALLOW A DANCE STUDIO AS A SPECIAL USE IN THE I -2B OUTLYING LIMITED INDUSTRIAL DISTRICT AND ORDINANCE 0 -02 -34 APPROVING A SPECIAL USE TO ALLOW THE HEART & SOLE DANCE STUDIO AT THE DEERFIELD An ordinance approving an amendment to the Zoning Ordinance to allow a dance studio as a special use in the I -2B Outlying Limited Industrial District, First Reading. An ordinance approving a special use to allow the Heart & Sole Dance Studio at the Deerfield Tech Center, 111 Deer Lake Road, First Reading. TECH CENTER, 111 DEER LAKE ROAD Attorney Steven Elrod asked for a waiver of the Rules. The reason his client is asking for the waiver is so that he can have the space ready in time to schedule lessons concurrent with the start of the school year. If he cannot do this, he may lose students-to another studio. After discussion Trustee Seiden made a motion to waive the rules to permit the two ordinances to be voted on at First Reading. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) Trustee Rosenthal made a motion to adopt the ordinance amending the Zoning Ordinance to allow a dance studio as a special use in the I -2B Outlying Limited Industrial District. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) Trustee Rosenthal made a motion to adopt the ordinance approving a special use to allow the Heart & Sole Dance Studio to operate at 111 Deer Lake Road. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) AN ORDINANCE APPROVING AN AMENDMENT An ordinance approving an amendment to the Zoning TO THE ZONING ORDINANCE TO ALLOW A Ordinance to allow a read testing facility in the ROAD TESTING FACILITY IN THE C -2 C -2 Outlying Commercial District, First Reading, OUTLYING COMMERCIAL DISTRICT AND AN and an ordinance approving a Special Use to allow 1 1 1 u Board of Trustees Meeting August 19, 2002 Page 5 of 6 ORDINANCE APPROVING A SPECIAL USE a road testing facility at Lake Cook Plaza, First TO ALLOW A ROAD TESTING FACILITY Reading, Illinois Secretary of State's office. AT LAKE COOK PLAZA FOR THE ILLINOIS SECRETARY OF STATE'S OFFICE It was noted that although this is only a First Reading, and the ordinances will not be voted on until the next meeting, the petitioner may begin road testing immediately. REQUEST FROM DUKE REALTY CORP. In March 2001, Duke Realty Corporation received FOR AN ADDITIONAL SIX MONTH approval of their Preliminary Development Plan EXTENSION OF ITS PRELIMINARY for an office development to be located at 1095 DEVELOPMENT PLAN, 3 -STORY OFFICE Lake Cook Road. In March 2002, they received a BUILDING AT 1095 LAKE COOK ROAD six month extension which will expire in September 2002. Due to the economic turndown, the project is still on hold, and Duke Realty is requesting another six month extension of the Preliminary Development Plan. Wilfred Freve of Duke Realty was in attendance. He reported that efforts are continuing to-pre-lease portions of the office space, and they are hopeful that construction can begin early in 2003. After discussion, Trustee Ragona made a motion to approve the six month extension. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) NEW BUSINES ANALYSIS AND AWARD OF BID FOR Four bids were received for forty -one Motorola FORTY -ONE (41) TWO -WAY RADIOS two -way radios to be used in public works vehicles. Mrs. Little recommends the bid be awarded to low bidder Communications Direct in an amount not to exceed $12,955. Mrs. Little noted that there is a possible rebate amount of $1,025 ($25 per radio) if the paperwork can be handled in the next two days. Trustee Ragona made a motion to award the bid to Communications Direct for an amount not to exceed $12,955. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Only one bid was received for a Bombardier BOMARDIER SW -48 SIDEWALK PLOW SW -48 with V -plow. This piece of equipment, 1987 Bomardier which will be Aspen Equipment Company for net cost of $60,000. which is used to plow sidewalks, will replace traded in. Mrs. Little recommends awarding the bid a base bid of $69,000, less a trade -in of $9,000, for Trustee Ragona so moved. the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0) a to a Trustee Wylie seconded Board of Trustees Meeting August 19, 2002 Page 6 of 6 nT CrrTCQ TnM TRUSTEE IN THE TOWN Trustee Seiden announced that the next Trustee in the Town will take place on Saturday, August 24th at the Farmers Market. He and Trustee Wylie will represent the Village Board. MOSQUITO ABATEMENT Mayor Harris announced that the area behind Deerfield High School will be sprayed shortly. This should provide relief to football players and their family members who are using the area. Mr. Franz reported that the area west of Wilmot Road is not part of the Southlake Mosquito Abatement District and therefore does not receive the services that are performed for the remainder of the Village by Clarke Mosquito Control. Due to the West Nile Virus, Clarke Mosquito Control is urging the Village to use their services west of Wilmot Road also, at a cost of $2,882.88. Trustees agreed that the services should be approved and performed, but that residents of that area should be advised that they need to take the necessary steps to become part of the mosquito abatement district and pay their fair share of costs thru their property taxes. ADJOURNMENT There bein no fur er business to discuss, Truste made a motion to adjourn the meeting. Trustee Rosenthal seconded a moti n. he m eting was adjourned at 8:52 P.M. ATTEST: APPROVED ..- Clerk _ Ma 1 1 1