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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. "3 4 6 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. I 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) -3 47 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) 34 :B 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, ,7- 1 349 Board of Trustees meeting March 15, 2004 Page 5 of 6 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. 350 , 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: 1