04/19/2004April 19, 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, April 19, 2004, at 7:34 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 John Donahue and Village Manager Robert Franz.
PLEDGE OF ALLEGIANCE Larry Alexander led those in attendance in
reciting the Pledge of Allegiance. Mayor
Harris then acknowledged Mr. Alexander, a Village employee since 1964 and the
Superintendent of Public Works since 1988, for receiving the Samuel A. Greeley
Award from the Chicago Metro Chapter of the American Public Works Association.
Mr. Alexander will be retiring in June.
APPROVAL OF MINUTES Trustee Wylie moved to approve the minutes
of the previous meeting. Trustee Benton
seconded the motion. Trustee Rosenthal asked that the phrase"for storage of
building materials" be deleted from the section regarding special uses for Curves
and ReMax. A motion to approve the minutes as amended passed unanimously.
BILLS AND PAYROLL Trustee Rosenthal moved 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 Robert Fialkowski presented highlights from
the March Treasurer's Report. Sales tax
received in March (for December sales) is a 4.3% decrease from the same period
last year, and a 2.7% increase over the last twelve -month period versus the year
before. The hotel tax had its first monthly increase in over a year. As of March
31, 2004, 100% of available cash was invested at an average interest rate of 3.00%
compared to an average rate of .94% for the 90 -day Treasury Bill.
PEDESTRIAN BRIDGE PROJECT Mrs. Little updated the Board on the progress
of the Deerfield Road pedestrian bridge
project.
Noting that the Municipal Code requires that
the Board of Trustees be informed of any additional stop signs, Mr. Franz reported
that a stop sign has been erected at Park Avenue and Jewett Park Drive, making
that a three -way stop. In addition, stop signs will soon be erected on Wilmot
Road at Hazel Avenue, changing a one -way stop into a three -way stop. The Safety
Board of Trustees Meeting
April 19, 2004
Page 2 of
Council will be asked to make a recommendation on whether this should be a
permanent or a temporary change. Also, the sidewalk on the north side of Hazel
will be extended. Trustee Kayne suggested that the street be striped to show it
is a crosswalk. Mrs. Little agreed.
PUBLIC COMMENT There was no public comment on non agenda
items.
PUBLIC HEARING - 2004 -05 ANNUAL Trustee Benton made a motion to open the
BUDGET public hearing on the 2004 -05 Annual Budget.
Trustee Rosenthal seconded the motion. The
motion passed unanimously.
Mr. Franz reported that proof of publication
for the public hearing was made and that the Board had workshop meetings on
February 2nd, March 8th and March 15th to discuss the budget. The Board also met in
executive session last week to discuss personnel.
Using a series of graphs and a Power Point
presentation, Bob Fialkowski presented an overview of the 2004 -05 annual proposed
budget. The proposed budget totals $49,353,894, which is a 0.93% decrease over
the revised 2003 -04 fiscal year budget. It calls for no increase in personnel,
maintains the current level of services, continues necessary capital projects,
completes the downtown Streetscape project, and maintains the Village's strong
finances.
Mayor Harris asked Mr. Fialkowski to discuss
the sunset provision on the proposed 0.5% home rule sales tax. Mr. Fialkowski
responded that the implementation of a home rule sales tax is not included within
the budget ordinance. Further action will be required by the Board if it is to be
approved. It will a Board decision at that time whether or not to include a
sunset provision in the ordinance. A sunset provision would end the tax on a date
chosen in advance by the Board. He added that, even without a sunset provision,
the Board could vote at any time to end the tax. Mr. Fialkowski advised that
Board action will be needed by September in order for the tax to be implemented in
January.
Mr. Franz added that increasing the cost of
commuter parking will also require a separate act by the Board.
There being no further discussion by either
the public or Board members, Trustee Swanson made a motion to close the public
hearing. Trustee Benton seconded the motion. The motion passed unanimously.
ORDINANCE 0 -04 -16 APPROVING ANNUAL Trustee Kayne moved for a waiver of the rules
BUDGET FOR 2004 -05, FIRST READING to permit the ordinance approving the 2004 -05
annual budget to be adopted on First Reading.
Trustee Wylie seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Rosenthal made a motion to adopt the
annual budget for 2004 -05. Trustee Seiden seconded the motion. The motion passed
by the following vote:
Board of Trustees Meeting
April 19, 2004
Page 3 of
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -04 -17 APPROVING WAGE Trustee Benton moved for a waiver of the rules
AND SALARY PLAN, FIRST READING to permit the ordinance approving the wage and
salary plan to be adopted on First Reading.
Trustee Wylie seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Rosenthal moved to adopt the wage and
salary plan. Trustee Wylie 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 BZA The Board of Zoning Appeals held a public
RE REQUEST FOR SIDE YARD VARIATION, hearing on March 16th to consider the request
DELLORTO & VERDERBER, 1025 FOREST of Joseph Dellorto and Lisa Verderber of 1025
Forest Avenue for a side yard variation to
permit the removal of a non - conforming porch and allow for its replacement with a
larger addition having the same side yard setbacks as the existing porch and
maintaining a minimum side yard setback of 6.25' in lieu of the minimum 8'
specified in the zoning ordinance. By a vote of 5 -0, the BZA voted in favor of
the petitioners' request.
Trustee Rosenthal moved for acceptance of the
BZA report and recommendation and preparation of the ordinance. Trustee Benton
seconded the motion. After Mr. Dellorto and his wife briefly discussed their
plans for the house, the motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public
RE REQUEST FOR REAR YARD VARIATION, hearing on March 16th to consider the request
MR. & MRS. STEVE KAPLAN, 140 of Steve and Sue Kaplan of 40 Mulberry Road
MULBERRY ROAD for a rear yard variation to permit the
construction of an addition to contain an
office, family room and kitchen expansion. The addition would reduce the rear
yard to 33.79' in lieu of the 40' rear yard as required by the zoning ordinance.
By a vote of 5 -0, the BZA voted in favor of the petitioners' request.
Trustee Benton moved for acceptance of the BZA
report and recommendation and preparation of the ordinance. Trustee Wylie
seconded the motion. Mrs. Kaplan briefly explained the plans for the property,
after which the motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
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Board of Trustees Meeting
April 19, 2004
Page 4 of 6
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR AMENDMENT March 25th to consider the request of Smith
TO EXISTING SIGN AND AMENDMENT TO Barney, 111 Pfingsten. The petitioner is
THE ZONING ORDINANCE TO PERMIT A seeking to place the name "Smith Barney" on
SIGN - SMITH BARNEY, 111 PFINGSTEN the existing business ground sign located
to the west of the building at the entrance to
the building. The current content of the existing sign is `111 Pfingsten Road ".
By a vote of 4 -3, the Plan Commission voted in favor of the petitioner's request.
Trustee Rosenthal expressed her concern that
granting the petition would set a precedent for allowing corporate logos on
monument signs for office buildings. Representing the petitioner, Dan Shapiro
responded that due to its location, the sign has very limited visibility and needs
the boost that the logo will provide.
After further discussion, Trustee Benton made
a motion to accept the report and recommendation of the Plan Commission and to
direct preparation of an ordinance. Trustee Wylie seconded the.motion. The
motion passed by the following vote:
AYES: Benton, Kayne, Seiden, Swanson, Wylie (5)
NAYS: Rosenthal (1)
REPORT AND RECOMMENDATIONS OF
THE MANPOWER COMMISSION
Commission and Mitchell Feinberg to
Mayor Harris recommended approval of the
following Manpower Commission recommendations:
Marty Freidman to the Human Relations
the Youth Council.
Trustee Rosenthal so moved.
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE APPROVING AMENDMENT TO
SIGN PLAN, 570 LAKE COOK ROAD,
DEERBROOK CORPORATE CENTER
ORDINANCE 0 -04 -18 INCREASING WATER
RATES
CONSENT AGENDA
Trustee Seiden
An ordinance approving an amendment to the
sign plan for Deerbrook Corporate Center,
located at 570 Lake Cook Road. First Reading.
An ordinance increasing water rates from $2.96
to $3.06 per 100 cubic ft. effective May 1,
2004. Second Reading.
Trustee Rosenthal moved for passage of the
Consent Agenda and 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)
OLD BUSINESS
ORDINANCE 0 -04 -19 AUTHORIZING Chris Siavelis of CRM Properties outlined
APPROVAL OF SPECIAL USES FOR CURVES changes made to the Deerfield Square parking
Board of Trustees Meeting
April 19, 2004
Page 5 of 6
AND ORDINANCE 0 -04 -20 AUTHORIZING
garage plan
since the last meeting. The
SPECIAL USES FOR REMAX, BOTH
changes are:
(1) Within 60 days following
LOCATED AT 710 ROBERT YORK AVENUE,
adoption of
the special use ordinances, CRM
BUILDING 9, SECOND READINGS
will remove
the 10 stored vehicles that are
currently housed
in the garage, as well as the
building materials that are filling
7 additional
spaces; (2) CRM will implement a
new policy for maximum utilization
of the garage
which consists of the following:
• Encourage office employees to park in the underground garage for free in the
unreserved spaces;
• Require retail employees to park in the underground garage to the extent
that the office employees are not filling it;
• Require tenants who reserve spaces to limit the use of those spaces to daily
purposes only; and
• Limit the number of reserved spaces to no more than 60 at any given time.
CRM feels that these measures will ensure maximum utilization of the garage and
will provide more parking spaces on the surface for retail patrons.
Mr. Siavelis, land use attorney Rick Wendy,
and trustees discussed a memo recently sent to the Board regarding future requests
for special uses at Deerfield Square. Item 2 of Exhibit A of that memo proposes
that for a certain small subset of listed Class A special uses, there should be a
presumption that the parking requirement falls within the 4 -1 or 5 -1 ratio and
that parking should not therefore have to be a consideration when deciding whether
or not to grant the special use. As trustees expressed no support for the
proposal, Mr. Wendy asked, and Mr. Siavelis agreed, that it be dropped from the
ordinance proposal. Trustee Rosenthal suggested that if the list of special uses
was further refined, it would have a better chance of being approved.
After further discussion of how CRM would
implement their underground parking garage proposal, Trustee Seiden made a motion
to adopt the ordinances for Curves and ReMax. Trustee Benton seconded the motion.
The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5)
NAYS: Wylie (1)
NEW BUSINESS
ORDINANCE 0 -04 -21 RE ALLOCATION This year Deerfield's private activity bond
OF PRIVATE ACTIVITY BOND CAP cap allocation is $1,526,880. Home rule units
have until May 1 to indicate their allocation
instructions. If this is not done, the allocation reverts back to the State. Up
until now, the Village has had no requests to cede its allocation to an identified
project. The finance director is therefore requesting that the Board cede the
allocation to the Village of Deerfield.. This will allow the Village to dedicate
the cap to a project later in the year. Due to the May 1s` deadline for informing
the State, Mr. Fialkowski asked for a waiver of rules.
Trustee Seiden moved for a waiver of the
rules. Trustee Swanson seconded the motion. The motion passed by the following
vote:
Board of Trustees Meeting
April 19, 2004
Page 6 of 6
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Benton moved for adoption of the
ordinance. Trustee Kayne seconded the motion. The motion passed by the following
vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -04 -22 DECREASING NUMBER Due to the closing of the On The Border
OF CLASS E LIQUOR LICENSES FROM 20 Restaurant it is necessary to reduce the
TO 19 number of Class E liquor licenses from 20 to
19.
Trustee Rosenthal 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 made a motion to adopt the
ordinance reducing the number of Class E liquor licenses from 20 to 19. Trustee
Swanson seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
EXECUTIVE SESSION
following tonight's Board meeting.
motion to go into executive session.
nT Cni7CC TnAT
Mr. Franz reported that due notice was given
to the press for an executive session
The topic is land acquisition. He asked for a
Trustee Wylie so moved. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ADJOURNMENT There nentonm r business to discuss,
T stee motion to adjourn t he
meeting. Trustee Kayne seconded t motion passed unanimously. The
meeting was adjourned at 8:56 P.
ATTEST:
Villade Clerk