03/15/2004345
March 15, 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
Monday, March 15, 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 Boy Scout Troop 150, comprised of middle
school students from Deerfield and Highland
Park, along with their leader Jean Spagnoli, led those in attendance in reciting
the Pledge of Allegiance. Mrs. Spagnoli noted that the troop was founded by Vern
Swanson in 1959.
APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the
minutes of the March l't Board of Trustees
meeting and the March lst Committee of the Whole meeting.. Trustee Wylie seconded
the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Wylie made a motion to approve the
Bills and Payroll. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
TREASURER'S REPORT Robert Fialkowski presented highlights from
the February Treasurer's Report. Sales tax
received in February (for November sales) is an 8% increase over the same period
last year and a 3.7% increase over the last twelve -month period versus the year
before. As of February 29, 2004, 100% of available cash was invested at an
average interest rate of 2.98% compared with an average rate of .92% for the 90-
day Treasury bill.
Mr. Fialkowski reported that the List of Bills
for this meeting is the first to be generated by the new Munis software. The
report is a work in progress, and improvements may be made as time goes on. In
response to a question from Trustee Rosenthal regarding the lack of check numbers
on the List of Bills, Mr. Fialkowski reported that checks will no longer be
printed prior to the Board meeting. If approved, checks will be run the day after
the meeting, and a listing of checks by number can go out to trustees in the
following Friday's distribution.
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Board of Trustees meeting
March 15, 2004
Page 2 of 6
REPORT ON DEPARTMENTAL OBJECTIVES, Barbara Houpt presented highlights from the
COMMUNITY DEVELOPMENT DEPARTMENT Report on Departmental Objectives for the
reported that it has been a
fees collected in the past
period, due strictly to the
permits were issued with a
Community Development Department. She
very busy time for her department. Building permit
six months more than doubled over the last six month
increasing value of single family homes. 473 building
construction value of over $42,000,000.
PRESENTATION BY DBR CHAMBER OF Phil Stamm, General Manager of the Hyatt
COMMERCE TOURISM COMMITTEE Hotel, accompanied by Jim Belmont of U S Bank
and Vickie Case, Executive Director of the DBR
Chamber of Commerce, updated the Board on how the tourism committee used the funds
contributed by the Village last year. Among these were a cable ad campaign and a
print media campaign. Mr. Stamm asked that, during this budgeting season, the
Board consider continued funding of the tourism committee's initiatives.
SUMMARY OF CURFEW LAWS In light of some recent court rulings made by
the 7th Circuit Court of Appeals regarding
curfew laws, Mayor Harris asked Chief Sliozis to comment on Deerfield's ordinance.
Chief Sliozis reported that the ruling does not invalidate curfew ordinances. It
affects only circumstances involving an individual's ability to exercise his /her
First Amendment rights. Except for those instances, the curfew is enforceable as
written. The ordinance that will be presented later in the meeting clarifies the
First Amendment issues addressed by the Court's ruling.
PUBLIC COMMENT
REPORT AND RECOMMENDATION OF PLAN
COMMISSION AND REPORT AND
RECOMMENDATION OF THE VCDC RE
REQUEST FOR APPROVAL OF TWO SPECIAL
USES FOR CURVES AND REMAX AT 710
ROBERT YORK AVENUE (BUILDING 9),
DEERFIELD SQUARE
passed 5 -0.
There was no public comment on non agenda
items.
REPORTS
The Plan Commission held a public hearing on
February 12th. It is their recommendation that
the petitioner's request for approval of a
Class A Special Use for a Curves women's
fitness facility and a Class B Special Use for
a Remax real estate office at 710 Robert York
Avenue in Building 9 in the Deerfield Square
shopping center be approved. The motion
The VCDC held a workshop meeting on February
18th. It is their recommendation that Deerfield Square's request for approval of a
Special Use for a Curves fitness facility in Building 9 of the Deerfield Square
development be approved, subject to the release of the 30 unleased parking spaces
in the underground parking garage. The VCDC recommends these 30 unleased parking
spaces are to coincide with the hours of the office building. The motion to
approve the Curves fitness facility, subject to the release of the 30 unleased
parking spaces, passed by a vote of 7 -0.
It is also the recommendation of the VCDC that
Deerfield Square's request for approval of a Special Use for a Remax real estate
office in Building 9 be approved, subject to the release of the 30 unleased
parking spaces in the underground parking garage. The VCDC recommends the 30
unleased parking spaces are to coincide with the hours of the office building.
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Chris Siavelis of CRM Properties Group
explained that the Remax real estate office will occupy 2478 square feet at the
north end of Building 9, while Curves will occupy 1507 square feet at the south
end of the same building. Mr. Siavelis added that, due to the lack of visibility
and the lack of traffic on Robert York Road, Building 9 has been difficult to
lease. He feels that destination and service businesses such as Curves and Remax
would be most suitable for this location. The suggestions made by the VCDC to
improve parking are acceptable to CRM Properties Group.
Larry Dondanville expressed his view that both
of the proposed businesses will generate heavy traffic.
Trustees discussed the petitioner's request at
length, with most of the discussion centering on the shortage of parking that
already exists at Deerfield Square, the need for additional parking that the two
proposed uses would create, and the release of the 30 unleased spaces in the
underground garage. Trustees Kayne and Seiden each commented that more, if not
all, of the underground spaces should be made available for public parking.
Trustee Kayne suggested that the Curves and Remax requests be voted on separately
so that trustees would have the option of voting for only one or the other of them
if they so desired. Trustee Seiden added that, although both proposed uses are
good ones, he would not be able to vote in favor of them unless a satisfactory
solution is reached regarding parking. Mr. Siavelis responded that he feels
Building 9 has sufficient parking spaces. If that turns out not be to be case,
parking will have to be addressed before the leasing of any remaining space in
Building 9 is considered. In response to questioning from a trustee, Mr. Siavelis
stated that, if only one of the two special uses is granted, or if neither of them
is granted, it is CRM's intention that all 30 unleased parking spaces in the
underground garage would still be released.
Trustee Kayne made a motion to accept the
reports and recommendations of the Plan Commission and the VCDC to permit a
special use for Curves, contingent upon the 30 unleased parking spaces in the
underground garage being released for public parking. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Swanson, Wylie (5)
NAYS: Seiden (1)
Trustee Kayne made a motion to accept the
reports and recommendations of the Plan Commission and the VCDC to permit a
special use for Remax, contingent on the release of the 30 parking spaces in the
underground garage, and also on the condition that there be no office wide real
estate broker meetings scheduled between 11:30 a.m. and 1:00 p.m. Monday through
Friday and no regional meetings. Trustee Benton seconded the motion. The vote
was 3 -3, with the breakdown as follows:
AYES: Benton, Rosenthal, Wylie (3)
NAYS: Kayne, Seiden, Swanson (3)
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Board of Trustees meeting
March 15, 2004
Page 3 of 6
The VCDC also recommends that no
office
wide real estate
broker meetings be
scheduled 11:30 a.m. - 1:00 p.m.
Monday
through Friday.
The motion to approve the
Remax real estate office, subject
to the
release of the
30 unleased parking spaces
and subject to the stipulation that
no office wide real
estate broker meetings be
scheduled 11:30 a.m. - 1:00 p.m.
Monday
through Friday,
passed by a vote of 6 -1.
Chris Siavelis of CRM Properties Group
explained that the Remax real estate office will occupy 2478 square feet at the
north end of Building 9, while Curves will occupy 1507 square feet at the south
end of the same building. Mr. Siavelis added that, due to the lack of visibility
and the lack of traffic on Robert York Road, Building 9 has been difficult to
lease. He feels that destination and service businesses such as Curves and Remax
would be most suitable for this location. The suggestions made by the VCDC to
improve parking are acceptable to CRM Properties Group.
Larry Dondanville expressed his view that both
of the proposed businesses will generate heavy traffic.
Trustees discussed the petitioner's request at
length, with most of the discussion centering on the shortage of parking that
already exists at Deerfield Square, the need for additional parking that the two
proposed uses would create, and the release of the 30 unleased spaces in the
underground garage. Trustees Kayne and Seiden each commented that more, if not
all, of the underground spaces should be made available for public parking.
Trustee Kayne suggested that the Curves and Remax requests be voted on separately
so that trustees would have the option of voting for only one or the other of them
if they so desired. Trustee Seiden added that, although both proposed uses are
good ones, he would not be able to vote in favor of them unless a satisfactory
solution is reached regarding parking. Mr. Siavelis responded that he feels
Building 9 has sufficient parking spaces. If that turns out not be to be case,
parking will have to be addressed before the leasing of any remaining space in
Building 9 is considered. In response to questioning from a trustee, Mr. Siavelis
stated that, if only one of the two special uses is granted, or if neither of them
is granted, it is CRM's intention that all 30 unleased parking spaces in the
underground garage would still be released.
Trustee Kayne made a motion to accept the
reports and recommendations of the Plan Commission and the VCDC to permit a
special use for Curves, contingent upon the 30 unleased parking spaces in the
underground garage being released for public parking. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Swanson, Wylie (5)
NAYS: Seiden (1)
Trustee Kayne made a motion to accept the
reports and recommendations of the Plan Commission and the VCDC to permit a
special use for Remax, contingent on the release of the 30 parking spaces in the
underground garage, and also on the condition that there be no office wide real
estate broker meetings scheduled between 11:30 a.m. and 1:00 p.m. Monday through
Friday and no regional meetings. Trustee Benton seconded the motion. The vote
was 3 -3, with the breakdown as follows:
AYES: Benton, Rosenthal, Wylie (3)
NAYS: Kayne, Seiden, Swanson (3)
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Board of Trustees meeting
March;. 15, 2004
Page 4 of 6
The vote being tied, Mayor Harris voted `Aye ".
The motion therefore passed. The Village attorney will prepare the ordinances.
CONSENT AGENDA
ORDINANCE'O -04 -11 GRANTING A REAR An ordinance granting a year yard variation
YARD VARIATION, LORI ASHWORTH, for the property located at 1625 Tall Tree
1625 TALL TREE LANE Lane. Second Reading.
ORDINANCE 0 -04 -12 AMENDING THE
ZONING ORDINANCE TO AUTHORIZE
CERTAIN GROUND SIGNS IN THE C -2
OUTLYING COMMERCIAL DISTRICT
ORDINANCE 0 -04 -13 AUTHORIZING A
GROUND SIGN FOR DUNKIN DONUTS AS
AN AMENDMENT TO THE APPROVED SIGN
PLAN FOR LAKE COOK PLAZA
An ordinance amending the Zoning Ordinance to
authorize certain ground signs in the C -2
Outlying Commercial District. Second Reading.
An ordinance authorizing a ground sign for
Dunkin Donuts as an amendment to the approved
sign plan for Lake Cook Plaza. Second
Reading.
Trustee Rosenthal moved for passage of the
Consent Agenda and adoption of the ordinances. Trustee Swanson seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
OLD BUSINESS
ORDINANCE 0 -04 -14 AUTHORIZING An ordinance authorizing an amendment to a
AMENDMENT TO SPECIAL USE TO ALLOW special use to allow stadium lighting at
STADIUM LIGHTING AT DEERFIELD HIGH Deerfield High School. First Reading.
SCHOOL
Trustee Wylie moved for a waiver of the rules
to permit the ordinance to be voted on at First Reading. Trustee Seiden seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Seiden, Wylie (4)
NAYS: Rosenthal, Swanson (2)
Trustee Rosenthal moved for adoption of the
ordinance. Trustee Wylie seconded the motion. The motion passed by the following
vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
NEW BUSINESS
DISCUSSION RE FUNDING OF STADIUM Mayor Harris reported that discussion of a
LIGHTING, DEERFIELD HIGH SCHOOL possible Village contribution to the stadium
lighting at Deerfield High School will be held
over until a subsequent meeting. He did allow public comment on the matter,
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Board of Trustees meeting
March 15, 2004
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however. Both Larry Dondanville and Lou Dauria expressed their opinion that the
Village should not contribute to the stadium lighting project.
ANALYSIS AND AWARD OF BID FOR Included in this year's budget is the purchase
PURCHASE OF COMPUTER SOFTWARE of software licenses for Microsoft Windows XP
and Microsoft Office for personal computers in
Finance /Administration, Community Development and'Public Works that are not up to
date on the latest operating versions. Bids were sought by public notice for 20
copies of XP and 43 copies of Office. Six bids were received. The bid received
from ASAP Company, which is the state bid contractor for this software, was the
lowest in both categories, with a cost for $119.72 for an XP license and a cost of
$293.56 for an Office license. Mr. Fialkowski recommends the bid be awarded to
ASAP for a total cost not to exceed $15,017.48.
Trustee Rosenthal 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)
AUTHORIZATION TO AWARD CONTRACT
TO PROVIDE GROUNDWATER SAMPLING
SERVICES FOR RESERVOIR 29A
provided the service for the past
two of which responded. After a
recommends awarding the contract
$12,958.
The Village is required by the IEPA to monitor
the groundwater at Reservoir 29A at Lake Cook
and Pfingsten Roads. Proposals for the work
were sought from Foth and VanDyke, who has
three years, and from three additional firms,
thorough review of the proposals, Mrs. Little
to STS Consultants in an amount not to exceed
Trustee Swanson so moved. Trustee Rosenthal
seconded the motion. After discussion, the motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -04 -15 AMENDING THE Chief Sliozis reported that Deerfield's curfew
MUNICIPAL CODE RE CURFEW FOR MINORS applies to minors age 18 or less, which is a
year older than the State statute, which
applies to those age 17 or less. The hours of the curfew are Sunday through
Thursday from 11:00 p.m. - 6:00 a.m. and Friday and Saturday from midnight - 6:00
a.m. There are certain exceptions to the curfew, such as when the minor is with a
parent or guardian and when the minor is going to or from work.
Mr. Coblentz explained that the recent court
decision does not invalidate curfew ordinances. It only requires that there be a
balancing between the curfew and the First Amendment rights of the minor. An
officer who stops a juvenile will now need to make an initial inquiry to determine
if there was an exercise of a First Amendment activity which explains the apparent
violation of curfew hours. If a legitimate First Amendment activity is the reason
for being out during curfew hours, no ticket will be issued. The addition of this
requirement to the Deerfield ordinance is the only change being made to the
current ordinance.
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Board of Trustees meeting
March 15, 2004
Page 6 of 6
Trustee Swanson moved for a waiver of the
rules to permit the ordinance to be voted on at First Reading. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Rosenthal 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)
DISCUSSION
NEWS FROM THE VILLAGE MANAGER Mr. Franz reported that:
• The Job Seekers workshop held last Saturday, which was led by Oscar Adler, was
a success.
• Due to there being five Mondays in March and also due to the Passover holiday
at the beginning of April, the next Board meeting will take place on Wednesday,
April 7tn.
ADJOURNMENT
There being no
further business to discuss,
Trustee Kayne
made a motion to adjourn the
meeting. Trustee Benton
seconded the motion. The
mo ed unanimously.
Mayor Harris reminded the
public that a budget wo
shop immedia ely follows
tonight's Board meeting,
and anyone intere
nding is ' vited to do so.
There being no further business
to ' cuss, e meeti
g was ad'ourned at 9:03 p.m.
V.1%
ATTEST:
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