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October 7, 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, October 7, 2002, at 7:30 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.
PLEDGE OF ALLEGIANCE State Representative Karen May led those in
attendance in reciting the Pledge of
Allegiance, after which she discussed the $1.8 million that was recently made a
line item in the State budget for the RED Center, as well as $50,000 for the North
East Illinois Police Crime Lab.
APPROVAL OF MINUTES
Trustee Rosenthal made a motion to
approve
the minutes
of September 17th Board
of Trustees
meeting and the September
19th Committee of the
Whole meeting. Trustee
Ragona
commented that on page 2
of the Board meeting,
his reference was to the
First
Amendment, not the Bill
of Rights. A motion to
approve the minutes as
amended
passed unanimously.
BILLS AND PAYROLL Trustee Ragona made a motion to approve the
Bills and Payroll. Trustee Wylie seconded the
motion. The motion passed by the following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
PUBLIC COMMENT Gil Antokol updated the Board on the upcoming
Scarecrow Contest.
NEW BUSINESS
ORDINANCE 0 -02 -40 AUTHORIZING Mayor Harris reported that the Board met in a
ACQUISITION OF LINDEMANN PROPERTY, Committee of the Whole meeting on September
758 DEERFIELD ROAD, FIRST READING 19th and in an Executive Session on September
25" to discuss the possible acquisition of the
Lindemann property. As a result of those meetings the Village Attorney was asked
to prepare an ordinance authorizing the purchase of the property.
Mr. Coblentz explained that the ordinance
provides for purchase of the Lindemann property from Wintrust Financial. Should
negotiations fail, it authorizes acquisition by eminent domain.
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Board of Trustees meeting
October 7, 2002
Page 2 of 4
Resident Barbara Struthers commented that she
does not support the purchase of the Lindemann property, especially using TIF
funds. She feels that in these economically challenging times, this parcel should
remain on the tax rolls.
Rick Rushkewicz, President of Wintrust
Financial, recapped their fourteen months of working with the Village in an
attempt to win approval to build a bank on the Lindemann property. During this
time they met thirty times with staff, board members, and commission members, and
they presented more than thirty plans for use of the property. They did
everything requested of them, only to now have their request denied. Mr.
Rushkewicz added that, although frustrated, he still hopes there is a way for the
Village and Wintrust to work together to reach their mutual goals.
Bill Graft, Wintrust's attorney, was critical
of the Board's handling of this matter. He stated that his client spent fourteen
months and hundreds of thousands of dollars trying to come up with a project the
Villagn would approve. Their proposal received unanimous support from both the
Plan Commission and the VCDC. Mr. Graft stated that the Lindemann property is not
for sale. He reminded the Board that, should the Village obtain the property, it
will be off the tax rolls forever. He stated that his client is disappointed but
is nonetheless still willing to work with the Village to find a solution that is
acceptable to both parties.
Mayor Harris reminded Mr. Graft that from the
very beginning of Wintrust's dealings with the Village, the petitioner was told.
that it was unlikely they would ever be able to gain approval for a bank in the
northwest quadrant, as the Comprehensive Plan had designated that quadrant for
municipal services. He commented that Village staff, Board members and commission
members had nevertheless spent many hours working with Wintrust, and that Mr.
Graft's criticism of the handling of the matter is both unjust and offensive.
Members of the Board spoke on the topic for
several minutes, unanimously defending the decision to turn down Wintrust and to
purdhase..the Lindemann property for future municipal use.
Marla Gibrick, Dr. Robert Uhland, and Mark
Harris, all Deerfield residents, spoke in support of the bank, citing taxes and
good experience with Wintrust as their reasons.
Trustee Ragona made a motion to waive the
rules to permit the ordinance to be voted on at First Reading. Trustee Swanson
seconded the motion. The motion passed by the following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Ragona moved for adoption of the
ordinance. Trustee Swanson seconded the motion. 'The motion passed by the
following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
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Board of Trustees meeting
October 7, 2002
Page 3 of 4
REPORT AND RECOMMENDATION OF PLAN
COMMISSION RE REQUEST FOR TEXT
AMENDMENTS TO THE ZONING ORDINANCE
TO LIST A FOOD STORE, GROCERY
STORE, SUPERMARKET, AND ANY STORES
WITH A GROSS SQUARE FOOTAGE OF
10,000 SQUARE FEET AND ABOVE AS A
SPECIAL USE IN THE C -1 VILLAGE
CENTER AND C -2 OUTLYING COMMERCIAL
DISTRICTS
Village Center District and the C -2
passed 4 -0.
REPORTS
The Plan Commission held a public hearing on
September 12th. It is their recommendation
that a text amendment be made to the Zoning
Ordinance so that food stores, grocery stores,
and supermarkets are listed as a special use
in the C -1 Village Center District and the C -2
Outlying Commercial District. The Plan
Commission also recommends that a text
amendment be made to the Zoning Ordinance so
that any store of 10,000 square feet or
greater is listed as a Special use in the C -1
Outlying Commercial Districts. The motion
Trustee Ragona made a motion to accept the
Report and Recommendation of the Plan Commission and to direct preparation of an
ordinance. Trustee Rosenthal seconded the motion. The motion passed by the
following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0 -02 -41 AMENDING A An ordinance amending a special use to permit
SPECIAL USE TO PERMIT. A SEASONAL a seasonal outdoor seating area for Demitri's
OUTDOOR SEATING AREA FOR DEMITRI'S Restaurant at 660 Lake Cook Road. Second
RESTAURANT, 660 LAKE COOK ROAD Reading.
Trustee Seiden moved for passage of the
Consent Agenda and adoption of the ordinance. Trustee Ragona seconded the motion.
The motion passed by the following vote:
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
OLD BUSINESS
ORDINANCE 0 -02 -42 APPROVING An ordinance approving an official Village
AN OFFICIAL VILLAGE LOGO logo. Second Reading. This agenda item was
tabled at the September 17th Board meeting.
Trustee Rosenthal made a motion to remove the
matter from the table. Trustee Wylie seconded the motion. The motion passed
unanimously.
Trustee Seiden made a motion to adopt the
ordinance. Trustee Wylie seconded the motion. Trustee Swanson commented that it
would be better to omit the last sentence of SECTION 1 which says, "The use of
this Logo for any private commercial purpose without prior approval by the Board
of Trustees of the Village of Deerfield is hereby prohibited." He feels the
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Board of Trustees meeting
October 7, 2002
Page 4 of 4
language is unclear and the ordinance in unenforceable. After a brief discussion
the motion passed by the following vote:
AYES: Kayne, Rosenthal, Seiden, Wylie (4)
NAYS: Ragona, Swanson (2)
RESOLUTION R -02 -15 ESTABLISHING A resolution establishing policy for non -
POLICY FOR NON - COMMERCIAL DISPLAY commercial display of the Village logo. This
OF THE VILLAGE LOGO matter was tabled at the previous Board
meeting.
Trustee Rosenthal made a motion to remove the
matter from the table. Trustee Swanson seconded the motion. The motion passed
unanimously.
Trustee Swanson commented that this is a
resolution, not an ordinance, and therefore has `ono teeth" to it. Mr. Coblentz
responded that the resolution establishes policy and gives direction to staff.
After further discussion, Trustee Wylie made a
motion to adopt the resolution. Trustee Seiden seconded the motion. The motion
passed by the following vote:
AYES: Kayne,,Rosenthal, Seiden, Wylie (4)
NAYS: Ragona, Swanson (2)
nT C(`f1C C TnM
LAST DAY FOR VOTER REGISTRATION Trustee Ragona reminded residents that
tomorrow is the last day to register to vote
in the November election.
COMPREHENSIVE PLAN MEETINGS Trustee Wylie reported that the Comprehensive
Plan Steering Committee meets on a monthly
basis, and any interested person may attend. The next meeting will be on Monday,
October 28th. Also, at 7:30 P.M. on Wednesday, November 20th there will be a public
meeting on progress to date. Again, all are welcome and invited.
ADJOURNMENT There bein no fur er business to discuss,
Trustee S anson mov d to adjourn the meeting.
Trustee Ragona seconded the motion. The ' passed animously. The meeting
was adjourned at 8:38 P.M. 1
yor
ATTEST:
Village Clerk