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02/17/2004336 February 17, 2004 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 Tuesday, February 17, 2004, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Jerry Kayne 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 Oscar Adler led those in attendance in reciting the Pledge of Allegiance. Mr. Adler then briefly discussed the Legislative Breakfast that is scheduled for March 10`h and the Job Seekers Workshop that will be held on March 13th APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the Board of Trustees meeting and the Committee of the Whole meeting, both held on February 2nd. 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) TREASURER'S REPORT Bob Fialkowski presented highlights from the January Treasurer's Report. Sales Tax received in January (for October sales) is a 9.3% decrease from the same period last year and a 3.2% increase over the last twelve -month period versus the year before. As of January 31, 2004, 100% of available cash was invested at an average interest rate of 2.87% compared to an average rate of .88% for the 90 -day Treasury Bill. Mr. Fialkowski reported that due to the transition from the current financial software system to the new Munis system, there will be no Prelist for the next Board meeting. REPORT ON DEPARTMENTAL OBJECTIVES, POLICE DEPARTMENT Chief Sliozis were: Chief John Sliozis presented the Report on Departmental Objectives for the Police Department. Among the highlights reported by • LiveScan, an inkless fingerprinting system, has been installed and is operational. Board of Trustees Meeting February 17, 2004 Page 2 of 6 • The High Speed Notification System (Reverse 9 -1 -1) is installed and has been used on a limited basis. • Implementation has begun on a new computer aided dispatch and records system. • The Department is moving toward its goal of accreditation. • A Citizens' Survey was distributed, and responses are being tabulated. • Index Crimes are down by 4 %. • Calls for service increased by 2,000 (to 18,000). • The numbers of thefts, vandalism and accidents are virtually unchanged. PUBLIC COMMENT Gil Antokol announced that the next blood drive will take place on Sunday, March 7, from 8:00 a.m. - 1:00 p.m. at the Jewett Park Community Center. Lou Dauria commented that signs have appeared at Deerbrook Mall reserving certain parking spots for parents with children. Mr. Franz responded that the restriction is unenforceable, as the police department tickets only for fire lane violations at the mall. Staff will contact Deerbrook for further - information. PrPnPTC REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR REAR YARD VARIATION, hearing on January 219` to consider the request LORI ASHWORTH, 1625 TALL TREE LANE of Lori Ashworth of 1625 Tall Tree Lane for a variation to allow the replacement of an existing illegally established screened porch with a slightly smaller sunroom. The proposed structure would produce a rear yard of 37.916' in lieu of the 50' rear yard as specified in the Zoning Ordinance. By a vote of 5 -0 the BZA recommended that the requested variation be granted. Trustee Seiden made a motion to accept the Report and Recommendation of the BZA and to direct preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN In October 2003 the Board of Trustees approved COMMISSION RE REQUEST FOR APPROVAL the preliminary plat of subdivision for the OF FINAL PLAT, 1450 SOMERSET property at 1450 Somerset. The Plan Commission has reviewed the final plat of subdivision for the property and has found it to be in substantial conformance to the previously approved preliminary plat of subdivision. It is therefore their recommendation that the final plat of subdivision for the property at 1450 Somerset Avenue be found to be in substantial conformation to the previously approved preliminary plat. Trustee Rosenthal made a motion to accept the Plan Commission report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) 13 u3 8 Board of Trustees Meeting February 17, 2004 Page 3 of ..6 . REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT January 15, 2004. It is their recommendation TO SIGNAGE PLAN AND TEXT AMENDMENT that Dunkin Donuts' request for an amendment TO ALLOW A GROUND SIGN FOR DUNKIN to a sign plan and a text amendment to the DONUTS, LAKE COOK PLAZA zoning ordinance to allow the proposed ground sign be denied. On a motion to approve, the vote was 0 -5. On a subsequent recommendation that Dunkin Donuts' request for an amendment to a sign plan for the alternative sign plan (without the `:Lake Cook Plaza" wording on the sign), and including the stipulation that the grade level not be raised for the sign, and a text amendment to the zoning ordinance to allow the proposed ground sign, be approved, the Plan Commission voted in favor of the petitioner's request. The vote was 4 -1. Jim Pilot of Dunkin Donuts explained that traffic coming from the west on Lake Cook Road cannot see the store. Mr. Pilot added that he is satisfied with the Plan Commission recommendation for signage without the Lake Cook Plaza designation. Trustee Rosenthal moved for acceptance of the Plan Commission report and recommendation and preparation of an ordinance. Trustee Swanson seconded the motion. Trustee Wylie commented that he to have a Dunkin Donuts listing on the Lake Cook Plaza monument sign have an additional sign. After discussion, the motion passed by the vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) CONSENT AGENDA There was no Consent Agenda for this meeting. OLD BUSINESS would prefer rather than following ORDINANCE APPROVING FRONT YARD Trustee Benton moved to remove the matter VARIATION, BRUCE TANDET AND JOHN from the table. Trustee Wylie seconded the ANDERSON, 1416 NORTHWOODS DRIVE, motion. The motion passed unanimously. SECOND READING (TABLED 2/2/04) Trustee Swanson moved to approve the ordinance, but amended to include a 70' front yard setback rather than a 60' front yard setback. Trustee Kayne seconded the motion. agreement with the Northwoods satisfied with the 70' front on the lot to achieve the 70' yard set back rather than the rear yard.variation. Mr. Tandet reported that he has come to an Drive Homeowners Association, with both parties yard setback. However, due to moving the house back front yard set back, there will be only a 41' rear required 501. Mr. Tandet will therefore require a Bob Hodlick, president of the Northwoods Drive Homeowners Association, reported that, by a vote of 8 -1, the executive board of 1 1 1 3-39 Board of Trustees Meeting February 17, 2004 Page 4 of 6 the association favors the 70' front yard setback. In a subsequent polling of residents of the street, 19 were in favor of a 70' setback and 6 were against it. Trustee Seiden commented that if a rear yard variation is now desired, the petitioner should be required to return to the Board of Zoning Appeals. Mayor Harris agreed. Several Northwoods Drive residents requested that the Board vote on the front yard variation now and settle that matter, then have the petitioner go back to the BZA for a recommendation on the back yard variation. Mayor Harris responded that the Board needs to vote on a plan in its entirety, not on just a portion of it at a time. Trustee Swanson moved to withdraw his earlier motion. Trustee Wylie seconded the motion. The motion passed unanimously. Trustee Rosenthal moved to refer the matter back to the BZA. Trustee Benton seconded the motion. The motion passed unanimously. Discussion followed. Denise DiClementi asked the Board to reconsider and vote on the 70' front yard variation at this meeting. Her request was denied. Tim Mulholland of 860 Northwoods Drive, and his attorney Edward Rosen, asked the Board to consider not just the front yard of the petitioner's property, but also the back yard. Ponding and mosquitoes are already a problem for the Mulhollands, and the problem will be exacerbated if the 40' rear yard variation for 1416 Northwoods Drive is granted. Mayor Harris urged Mr. Rosen and Mr. Mulholland to attend the BZA public hearing and state their concerns. ORDINANCE 0 -04 -08 APPROVING FRONT Harvey Bender reported that he has received YARD VARIATION, MR. AND MRS. an undertaking from the Sacks outlining their RICHARD SACKS, 510 BRIERHILL ROAD, commitment to landscaping the common boundary SECOND READING between the Sacks' house and the Bender's house. He is satisfied with the provisions of the document. Ruby Bender commented that she is less satisfied than her husband. She feels many of her plantings will not survive and that she will have a long wait until the Sacks' project is completed and they put in the promised new plantings. In response to a question from Mayor Harris, Mr. Sacks stated that he expects the undertaking to be made part of the permanent record and that he expects to be bound by it. After further discussion, Trustee Benton made a motion to adopt the ordinance, subject to the undertaking submitted by Mr. Sacks. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden, Swanson (4) NAYS: Rosenthal, Wylie (2) ORDINANCE INCREASING NUMBER OF CLASS E LIQUOR LICENSES FROM 19 TO 20, FILIPPO'S RESTAURANT petitioner's expect the restaurant NEW BUSINESS An ordinance increasing the number of Class E liquor licenses from 19 to 20 for Flilppo's Restaurant, soon to open in the site of the former Hi Ricky's. First Reading. The to open by mid March. :3 4 0 Board of.Trustees Meeting February.17, ,2004 Page 5 of 6 AUTHORIZATION TO PURCHASE ONE Chief Sliozis reported that the Police UNMARKED SQUAD CAR (STATE BID) Department is seeking authorization to purchase one unmarked squad car. The vehicle to be purchased is a 2004 Ford Taurus. It will be.purchased from Landmark Ford in Springfield, Illinois, at a total cost of $14,208. It will replace a 1999 Ford Crown Victoria which will be turned over to Building and Zoning for continued use. Trustee Seiden moved to authorize the purchase in an amount not to exceed $14,208. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO ACCEPT PROPOSAL A 28 year old automatic transfer switch is FOR REPLACEMENT OF AUTOMATIC budgeted for replacement at the East Side Lift TRANSFER SWITCH AT EAST SIDE LIFT Station. Four proposals were received for the STATION equipment and installation, all of which exceeded the budgeted amount. The quotes were very close, indicating that this is an accurate value for the work. Mrs. Little recommends acceptance of the low bid of Deerfield Electric in the amount of $23,998. Trustee Swanson moved to accept the proposal of Deerfield Electric in an amount not to exceed $24,000. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO EXTEND 2003 Moore Landscapes has successfully performed CONTRACT FOR CONTRACTUAL LANDSCAPE one complete year of professional landscape SERVICES AND STREETSCAPE URN maintenance services for the Village. Village PLANTING - MOORE LANDSCAPES staff and Moore Landscapes staff have discussed items that need to be added to the standard scope of services for an extension of their 2003 contract. Three service areas were added, as well as additional sidewalk maintenance downtown. Based on the increased scope of service and the increased knowledge of the work, Moore Landscapes proposes to extend the contract for landscape maintenance services and streetscape urn planting for an additional three years for an annual amount not to exceed $70,000. Mrs. Little recommends that the Board authorize an extension of Moore Landscapes' 2003 contract, with �tlhe three- additional service areas and sidewalk maintenance, for an amount not to exceed $70,000, with the option for the Village to renew the extension for two more years at the same price. Trustee Seiden so moved. Trustee Benton seconded the motion. After discussion, the motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) '34,1 Board of Trustees Meeting February 17, 2004 Page 6 of 6 1 1 Mrs. Little recommends that the Board authorize the extension of the Sawvell Tree Service contract in an amount not to exceed $12,000. Trustee Seiden so moved. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) SPELLING BEE South Park School on February 26tH. DISCUSSION Mayor Harris encouraged anyone interested to attend the spelling bee which will be held at ADJOURNMENT There being no further business to discuss, Trustee Kayne moved to adjourn the meeting. IN AUTHORIZATION TO EXTEND 2002 -2003 Sawvell Tree Service has been the low bidder CONTRACT FOR PARKWAY TREE TRIMMING, for the last two years for the Parkway Tree SAWVELL TREE SERVICE Trimming program. They have offered to extend their contract, with trimming of Size I trees remaining the same price of $13.75, Size II increasing by $1.00 to $31.00, and Size III remaining the same price of $43.00. The contract is for the trimming of approximately 450 parkway trees of varying sizes. 1 1 Mrs. Little recommends that the Board authorize the extension of the Sawvell Tree Service contract in an amount not to exceed $12,000. Trustee Seiden so moved. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) SPELLING BEE South Park School on February 26tH. DISCUSSION Mayor Harris encouraged anyone interested to attend the spelling bee which will be held at ADJOURNMENT There being no further business to discuss, Trustee Kayne moved to adjourn the meeting. IN