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04/07/20031 1 1 April 7, 2003 The regular meeting of the Board of Trustees of the called to order by Mayor Harris in the Council Chamber of Monday, April 7, 2003, at 7:35 P.M. The Clerk called the the following were: Present: Steve Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie Village of Deerfield was the Village Hall on roll and announced that and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. Mayor Harris acknowledged the recent death of Deerfield resident Kenneth Werner who was instrumental in beginning the practice of reciting the Pledge of Allegiance prior to Village Board meetings. Trustee Kayne shared a letter of support he had received from Mr. Werner shortly after being elected a Village trustee. PLEDGE OF ALLEGIANCE Shelly Segal and Robin Golding of CASA led those in attendance in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Trustee Kayne made a motion to approve the minutes of the March 17th Board meeting. Trustee Ragona commented that on page 3, in the section regarding requested changes to the final development plan for Deerbrook Mall, a sentence should be added stating that Trustee Ragona spoke with Andrew Wagner of Kuhn's, and Mr. Wagner is eager to have his storefront fagade completed immediately. Trustee Rosenthal made a motion to approve the minutes as amended. Trustee Ragona seconded the motion. The motion passed unanimously. Trustee Ragona made a motion to approve the minutes of the Committee of the Whole meeting of March 18th. Trustee Wylie seconded the motion. The motion passed unanimously. Trustee Ragona made a motion to approve the minutes of the Committee of the Whole meeting of March 24th. Trustee Rosenthal seconded the motion. The motion 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) PROCLAMATION - CHILD*ABUSE' Mayor Harris read a proclamation designating PREVENTION AND AWARENESS MONTH April 2003 as Child Abuse Prevention and � O 9 � Board of Trustee Meeting April 7, 2003 Page 2 of 9 Awareness Month in Deerfield, and he urged citizens to join a local and national effort to raise awareness and help prevent child abuse and neglect. Trustee Rosenthal moved to accept the proclamation. Trustee Swanson seconded the motion. The motion passed unanimously. . Terry Greenberg, Executive Director of CASA (Court Appointed Special Advocate), along with advocates Shelly Segal and Robin Golding, accepted the proclamation and urged residents to become involved in the CASA program. SWEARING IN CEREMONY Mayor Harris thanked Derek Ragona for his four years of service as trustee and urged him to remain active in SWALCO and on Village commissions. As a token of appreciation, Mayor Harris presented Mr. Ragona with a piece of crystal artwork. Mayor Harris introduced Judge Wallace Dunn, who administered the Oath of Office to returning trustees William Seiden and Matthew Wylie, and to new Trustee Robert Benton. Mayor Harris congratulated the three trustees, talked briefly about the background and accomplishments of each, then called for a brief recess at 7:55 for refreshments. He reconvened the meeting at 8:03. PROCLAMATION - NATIONAL Mayor Harris read a proclamation designating TELECOMMUNICATIONS WEEK the week of April 13 -19 as National Telecom- munications Week in Deerfield in honor of the public safety dispatchers whose diligence and professionalism keep the Village and its citizens safe. Trustee Rosenthal made a motion to accept the proclamation. Trustee Seiden seconded the motion. The motion passed unanimously. Mary Anne Glowacz accepted the proclamation on behalf of the dispatch center. PROCLAMATION - DEERFIELD Mayor Harris read a proclamation designating CENTENNIAL the remainder of 2003 as the official period of celebration and commemoration of the Village of Deerfield's 100th Anniversary of Incorporation, and he urged all residents, businesses and organizations within the community to support and participate in centennial activities throughout this period. Trustee Wylie made a motion to accept the proclamation. Trustee Seiden seconded the motion. The motion passed unanimously. Mr. Franz announced that on October 4th, in conjunction with the dedication of the new senior center, a Centennial Fest will be held in Brickyards Park. PUBLIC COMMENT Brett Rappaport reported on progress made to date on the "Save the Barn" project. In the past month they have: All that remains is to raise the additional $15,000 needed to complete the project. To accomplish this, letters have gone out to certain area businesses, and various fundraisers will be held. OLD BUSINESS ORDINANCE 0 -03 -12 APPROVING SPECIAL An ordinance approving a special use for an USE FOR AN AUTOMOBILE CONVENIENCE automobile convenience food shop in FOOD SHOP IN CONJUNCTION WITH THE conjunction with the operation of a Citgo gas OPERATION OF A CITGO GAS STATION AT station at 1460 Waukegan Road. Second 1460 WAUKEGAN ROAD, VITI Reading. Paul Diambri presented the newest site plan, which shows the landscaping plan and the modification to the southernmost driveway for one -way, out only, right turn only traffic. After a brief discussion regarding signage, Trustee Seiden made a motion to adopt the ordinance with the inclusion of changes made on the newest site plan, dated 4/01/03. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORTS REPORT AND RECOMMENDATION OF PLAN This agenda item is being held over at the COMMISSION RE REQUEST FOR APPROVAL request of the petitioner. OF CHANGES TO FINAL DEVELOPMENT PLAN, DEERBROOK SHOPPING CENTER, TABLED 3/17/03 REPORT AND RECOMMENDATION OF PLAN The Plan Commission held*a public hearing on COMMISSION RE REQUEST FOR A SPECIAL March 13th. It is their recommendation that USE TO ESTABLISH A PRESCHOOL AT THE the request of the Jewish Community Center of TRUE WAY PRESBYTERIAN CHURCH, 445• Chicago (JCC) for a special use to permit the PINE STREET - JEWISH COMMUNITY establishment of a pre - school with a maximum CENTER OF CHICAGO (JCC) of 181 children at the True Way Presbyterian Church at 445 Pine Street be approved. The motion passed 5 -0. Board of Trustee Meeting April 7, 2003 Page 3 of 9 • received permission from the developer of Deep Dene to move the barn, • secured estimates for moving and restoring the barn, • received an agreement in principal from the historical society to own, insure, and maintain the barn, • received an agreement in principal from the park district to donate the site at Caruso Junior High for a nominal fee, • received an agreement in principal from the Village to match up to $15,000 in funding, and • received an agreement in principal from Caruso Middle School to use the barn in their outdoor education program. All that remains is to raise the additional $15,000 needed to complete the project. To accomplish this, letters have gone out to certain area businesses, and various fundraisers will be held. OLD BUSINESS ORDINANCE 0 -03 -12 APPROVING SPECIAL An ordinance approving a special use for an USE FOR AN AUTOMOBILE CONVENIENCE automobile convenience food shop in FOOD SHOP IN CONJUNCTION WITH THE conjunction with the operation of a Citgo gas OPERATION OF A CITGO GAS STATION AT station at 1460 Waukegan Road. Second 1460 WAUKEGAN ROAD, VITI Reading. Paul Diambri presented the newest site plan, which shows the landscaping plan and the modification to the southernmost driveway for one -way, out only, right turn only traffic. After a brief discussion regarding signage, Trustee Seiden made a motion to adopt the ordinance with the inclusion of changes made on the newest site plan, dated 4/01/03. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORTS REPORT AND RECOMMENDATION OF PLAN This agenda item is being held over at the COMMISSION RE REQUEST FOR APPROVAL request of the petitioner. OF CHANGES TO FINAL DEVELOPMENT PLAN, DEERBROOK SHOPPING CENTER, TABLED 3/17/03 REPORT AND RECOMMENDATION OF PLAN The Plan Commission held*a public hearing on COMMISSION RE REQUEST FOR A SPECIAL March 13th. It is their recommendation that USE TO ESTABLISH A PRESCHOOL AT THE the request of the Jewish Community Center of TRUE WAY PRESBYTERIAN CHURCH, 445• Chicago (JCC) for a special use to permit the PINE STREET - JEWISH COMMUNITY establishment of a pre - school with a maximum CENTER OF CHICAGO (JCC) of 181 children at the True Way Presbyterian Church at 445 Pine Street be approved. The motion passed 5 -0. Pi • Board of Trustee Meeting April 7, 2003 Page 4 of 9 Attorney Rick Wendy reported that the Jewish Community Center of Chicago operates fifteen early learning centers in the Chicago area, one of which is just outside Deerfield at Congregation Beth Or. They have outgrown that space, however, and they would like to move to the True Way Presbyterian Church, which is not only larger, but also closer to.the families that will use their services. There is already adequate parking on.the site. No buses will be used. No variations are being requested. Their initial enrollment will be about 117 in four classrooms, with a projected maximum enrollment of 181 in eight classrooms. Allen Lefkovitz of 835 Northwoods Drive, whose children attend the JCC preschool at Congregation Beth Or, expressed his support of the project. After discussion, Trustee Wylie made a motion to accept the Report and Recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) On behalf of the True Way Presbyterian Church, Pastor Howard Kang thanked the Board for approving the request. REPORT AND RECOMMENDATION OF THE RESIDENTIAL REDEVELOPMENT REVIEW TASK FORCE: AMENDMENT TO PREVIOUS RECOMMENDATION instead of the previous 111, while encroachments into the side yard s Trustee Seiden reported that the Residential Redevelopment Review Task Force is making two amendments to their previous recommendation. The first change would establish the sideyard setback plane at 14' above the side lot line the second change involves permitted atback plane. After a brief discussion, Trustee Wylie made a motion to accept the amendments and refer them to the Plan Commission. Trustee Swanson seconded the motion. The motion passed unanimously. CONSENT AGENDA Mayor Harris asked if there are any items that trustees would like to have removed from the Consent Agenda. Trustee Rosenthal indicated that she would like for the special use for the CIB Bank to be considered separately. ORDINANCE 0 -03 -13 AUTHORIZING A An ordinance authorizing a special use for a SPECIAL USE FOR A CIB BANK FACILITY CIB Bank facility at 700 Osterman Avenue. AT 700 OSTERMAN AVENUE Second Reading. Trustee Rosenthal stated that she will not vote in favor of this ordinance because she feels this location should be used for retail. She could support a special use only if the proposed use were something the Village needs, but there are other banks in Deerfield. Trustee Kayne agreed. Trustee Seiden made a motion to adopt the ordinance authorizing a special use for a CIB Bank facility at 700 Osterman I III II�J 1 1 W0 Board of Trustee Meeting April 7, 2003 Page 5 of 9 Avenue. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Seiden, Swanson, Wylie (4) NAYS: Kayne, Rosenthal (2) The remaining items on the Consent Agenda are: ORDINANCE APPROVING FINAL PLAT OF An ordinance approving a final plat of SUBDIVISION FOR 1247 DEERFIELD subdivision for 1247 Deerfield Road (Deep ROAD, DEEP DENE Dene). First Reading. ORDINANCE AUTHORIZING SPECIAL USE An ordinance authorizing a special use to TO ALLOW A RESTAURANT IN THE allow a restaurant in the Deerbrook Mall north DEERBROOK MALL NORTH OUTLOT outlot building. Baja Fresh Restaurant. BUILDING, BAJA FRESH RESTAURANT First Reading. ORDINANCE REZONING FROM I -2B An ordinance rezoning 440 Lake Cook Road from OUTLYING LIMITED INDUSTRIAL I -2B Outlying Limited Industrial District to DISTRICT TO I -1 OFFICE RESEARCH I -1 Office Research and Industrial District AND INDUSTRIAL DISTRICT AND and approving an amendment to the Industraplex APPROVING AN AMENDMENT TO THE PUD. First Reading. INDUSTRAPLEX PUD, 440 LAKE COOK RD ORDINANCE 0 -03 -14 DESIGNATING TIME An ordinance restricting parking, stopping LIMITS ON PARKING ON THE WEST SIDE or standing on the west side of Warrington OF WARRINGTON ROAD 50' NORTH OF Road for a distance of 50' north of Essex ESSEX COURT Court between the hours of 3:00 -3:30 P.M. Second Reading. ORDINANCE 0 -03 -15 RESERVING An ordinance authorizing sale of this year's VOLUME CAP IN CONNECTION WITH allocation to Stern Brothers & Co. for a fee PRIVATE ACTIVITY BONDS of $17,268.75 (1.25% of the cap). Second Reading. Trustee Rosenthal moved for passage of the Consent Agenda and adoption of the two ordinances. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) OLD BUSINESS ORDINANCE ESTABLISHING PARKING Mr. Franz reported that the resident who lives RESTRICTIONS ON KENTON ROAD FROM on the northeast corner of Kenton and DEERFIELD ROAD TO KINGSTON TERRACE, Deerfield was not informed of the proposed SECOND READING parking restrictions. He has advised staff that he is in favor of them so long as parking is not prohibited on both sides of the street. After review, staff recommends that parking be restricted on both sides of Kenton, but only to the point 150' north of the center line of Deerfield Road. Rather than pass an ordinance at this meeting, staff recommends having the attorney make the necessary changes, and that the revised ordinance be brought back at the next meeting. Board members were in agreement. Board of Trustee Meeting April 7, 2003 Page 6 of 9 REQUEST FOR FUNDING UNDER FACADE Joy Fiorini, representing the owners of 810 - REBATE PROGRAM, 810 -816 WAUKEGAN 816 Waukegan Road, was before the Mayor and ROAD, HELD OVER FROM 11/18/02 Board in November with a request for a fagade rebate for improvements approved by the Appearance Review Commission. The rebate discussion was tabled due to possible changes in the rebate program. A Revitalization Rebate was adopted in January, and Mrs. Fiorini is now applying for Village assistance under the new program. Mrs. Fiorini explained that there are no changes to the plan previously presented to the Board, although some prices have increased since that time. Board members and Mrs. Fiorini discussed the proposed improvements at some length. Trustee Wylie expressed concern about the durability and color match of the proposed stucco, suggesting that limestone might be used instead in some areas. He would like for the product selected by the petitioner to be subject to Village approval, and he suggested that a sample board of other materials proposed for the project be presented as well. Trustee Wylie also expressed concern that by setting a limit on the amount of rebates, the Village may inadvertently be setting the budget for this project and others that may follow, with petitioners unwilling to make expenditures exceeding that which the Village is willing to match. Mayor Harris commented that, while he would like to move forward with the project as quickly as possible, the high visibility of this property in the Village center makes it imperative to take the time to do it right. He commented that he would like assurance that the price quotes received by the petitioner are reasonable ones, and he would like to know what other improvements might be made if the Village and /or the petitioner were willing to spend more. After discussion of how best to proceed, Trustee Wylie made a motion to table the matter for two weeks or until such time as the petitioner is able to prepare samples and have them reviewed by staff. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) AYES: None (0) The discussion ended with Trustee Rosenthal noting that it is important to move quickly on this and any other potential revitalization projects due to the time constraints of the TIF district. ORDINANCE 0 -03 -16 AUTHORIZING In October the Board authorized the purchase MAYOR TO SIGN REAL ESTATE PURCHASE of the 21,000 square foot Lindemann property AGREEMENT, LINDEMANN PROPERTY, .758 on Deerfield Road. An agreement has now been DEERFIELD ROAD reached between the Village and the property owners. This ordinance authorizes Mayor Harris to sign a real estate contract to purchase the Lindemann property for the amount of $1,700,000. A closing date cannot be set until the contract is signed, but the bank is agreeable to Village use of the property before closing, provided there is an indemnity agreement put in place to protect them. Trustee Wylie moved for a waiver of the rules to permit the ordinance to be passed on First Reading. Trustee Swanson seconded the motion. The motion passed by the following vote: 1 �® Board of Trustee Meeting April 7, 2003 Page 7 of 9 AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Trustee Seiden moved for adoption of the ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO APPROVE FINAL Over the past three years the Village has COSTS RE WATER TRANSMISSION LINE completed construction.of a major water IMPROVEMENTS, HIGHLAND PARK TO transmission line from the Richfield Pumping MITCHELL PARK Station in Highland Park to a new two million gallon reservoir at Mitchell Park. A number of auxiliary improvements were made as part of the overall project. The project is ready for closeout in the current fiscal year. Staff recommends that the Board approve payment of the retainage amount of $51,811 to Campanella & Sons, Inc. as final payment for the water transmission line, bringing the total cost of the project to $5,507,000. Trustee Rosenthal made a motion to approve payment of the retainage amount of $51,811 to Campanella & Sons, Inc. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR REVERSE 9 -1 -1 TELEPHONE SYSTEM, HELD OVER FROM 3/17/03 discussion with police department its objections. Mayor Harris commented that the reason for this agenda item being held over is that the chairman of the Telecommunications Commission had some initial concerns about it. After personnel., however, the commission has withdrawn Chief Sliozis reported that two companies submitted proposals for a high -speed notification system. Often referred to as a reverse 9 -1 -1 system, the equipment will allow police personnel to do mass phone call notifications to residents in a matter of minutes in situations such as a broken gas line, a missing child or other emergencies. Chief Sliozis recommends that the bid of Dialogic Communications Corporation in the amount of $38,985 be accepted. He noted that, although the other proposal had a lower initial cost, maintenance agreements and other ongoing costs will make Dialogic less expensive over a five year period. Trustee Rosenthal moved to approve the purchase of a high -speed notification system from Dialogic Communications Corporation in an amount not to exceed $38,985. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ,, - *'2 Board of Trustee Meeting April 7, 2003 Page 8 of 9 NEW BUSINESS AUTHORIZATION TO AWARD CONTRACT The Village utilizes the services of a FOR CONTRACTURAL LANDSCAPE landscape maintenance contractor to perform MAINTENANCE SERVICES AND regular maintenance on Village owned STREETSCAPE URN PLANTING properties and provide all materials and labor to plant and maintain the 47 streetscape urns in the downtown. Although landscape maintenance, flowerbed planting and maintenance and urn planting were quoted separately, staff feels it is preferable for one contractor to be awarded all .three of the components. Mrs. Little recommends that the contract be awarded to Moore Landscapes at a total cost of $50,443. Although not the lowest of the seven bids received, Moore Landscapes comes highly recommended, and their bid is the second lowest. It is substantially lower than the bid of the firm that has done the work in the past. After discussion, Trustee Rosenthal made a motion to award the contract to Moore Landscapes for a total amount not to exceed $50,443. 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 CONTRACT Mrs. Little reported that the proposed project FOR SANITARY SEWER LINING UNDER consists of lining approximately 350' of 8" THE LIBRARY PARKING LOT WEST OF sanitary sewer and 50' of 12" storm sewer with WAUKEGAN ROAD cured -in -place pipe. The section of sanitary sewer that flows west under the library parking lot is cracked and in need of repair. The section of storm sewer in need of repair crosses Waukegan Road from west to east in the same vicinity. Many sewer problems will be avoided in the future if the sewers are lined. The lining process will be completed within three days. Two proposals were received for the work. Mrs. Little recommends accepting the low bid of Insituform in the amount of $20,000. Trustee Seiden made a motion to accept the proposal of Insituform in an amount not to exceed $20,000. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) APPOINTMENTS ANNOUNCED Walkability and Accessibility Task Trustee Kayne. DISCUSSION Mayor Harris announced the appointments of Doug Grant, Melissa Bigg and Joe Berger to the Force. The task force will be chaired by CHAPEL COURT PARKING RESTRICTIONS Mr. Franz reported that residents of Chapel asking for parking restrictions to prevent high school students using its emergency powers, the Court have submitted a petition to the Village on weekdays for two hours during the lunch hours from parking there. Mr. Franz suggested that, Village erect the signs right away and bring the 1 1 Board of Trustee Meeting April 7, 2003 Page 9 of 9 ordinance back to the Board for passage at a subsequent meeting. Board members were in agreement. BUDGET PUBLIC HEARING Mr. Franz reminded residents that at the next Board meeting there will be a public hearing on the 2003 -04 budget. One of the items Board members will be considering is raising the water and sewer rates. Staff will be requesting adoption of the budget on First Reading. FUNDRAISER Mr. Franz announced that on April 23rd there will be a fundraiser at the Cubby Bear for Reflex Sympathetic Dystrophy (RSD). Those interested may contact Village Hall for further information. BOARDS AND COMMISSIONS Mayor Harris reported that there will be an Executive Session on April 21St at 7:00 P.M. to consider appointments to various Boards and Commissions. ADJOURNMENT There being no further business to discuss, Trustee nTh made a motion to adjourn the meeting. Trustee Kayne seconded the motio otio n passed unanimously. The meeting was adjourned at 9:38 P.M. �I ATTEST: 1 Village Clerk Ma'ior