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07/06/20041 I July 6, 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, July 6, 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 Matthew Wylie Absent: Vernon Swanson and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Assistant to the Village Manager Diane Mikula. PLEDGE OF ALLEGIANCE Kipling Elementary School students Haley . Kaplan, Emily Rosser and Sydney Sachs led those in attendance in reciting the Pledge of Allegiance. The girls then talked about the bake sale they held, at which they earned $166.73, which they donated to the Village to help pay for repairing gravestones at the Deerfield Cemetery which had been damaged by vandals. John Willman, who serves on the Cemetery Committee, thanked the girls for the money and for their efforts. APPROVAL OF MINUTES Benton seconded the motion. Trustee Rosenthal made a motion to approve the minutes of the previous meeting. Trustee 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, Wylie (5) NAYS: None (0) PUBLIC COMMENT Deerfield resident Donna Feldman attended the meeting to ask the Board to reconsider its decision to decrease the sidewalk width at the southwest corner of Waukegan Road and Osterman Avenue from 10' to 51,as part of the improvement of that inter- section. The new design for the corner will cause a hardship for her and for others with disabilities. Trustee Rosenthal responded that the actual size of the southwest corner will be increased to allow for more storage capacity because the bank has given up a parking space. Ms.. Feldman then pointed out certain areas in the Village that are not ADA compliant and invited the Mayor and Board to take a walk around the Village with her so she could point out these and other areas. Mayor Harris agreed to contact Ms. Feldman and set up a time for the walk. REPORTS Trustee Kayne asked that the two items in the Reports section be rearranged so that Mr. and Mrs. Kamen could have their request considered first and would not I Board of Trustees Meeting July 6, 2004 Page 2 of 6 have to stay for the more lengthy Chicagoland Jewish High School presentation Board members agreed. REPORT AND RECOMMENDATION OF BZA the Board of Zoning Appeals held a public RE REQUEST FOR REAR YARD VARIATION, hearing on June 1, 2004, to consider the DAVID KAMEN, 825 DEERE PARK COURT request of David and Lisa Kamen of 825 Deere Park Court for a rear yard variation to permit the construction of a family room /kitchen addition. The addition would encroach 5' into the minimum 25' rear yard as required by the Deerfield Zoning Ordinance. The configuration of the petitioners' lot and the siting of the house create special circumstances that apply to the subject property but not to the district in general. As there were no objections to the request from surrounding property owners, and as the BZA members viewed the request as a reasonable and beneficial use of the land, they voted to grant the variation as requested. The motion passed 5 -0. Trustee Rosenthal moved for acceptance of the report and recommendation of the BZA and preparation of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR APPROVAL OF SPECIAL USE /PUD IN I -1 OFFICE, RESEARCH & RESTRICTED INDUSTRIAL DISTRICT AND AMENDMENTS TO THE ZONING ORDINANCE TO ALLOW FOR A PRIVATE HIGH SCHOOL, SIGNAGE AND A VARIATION TO ALLOW PARKING - The Plan Commission held a public hearing on June 10th to consider the request of the Chicagoland Jewish High School Foundation for approval to build a school on their property located at 1095 Lake Cook Road. By a vote of 5 -0 the Plan Commission voted to approve the petitioner's request for the following: CHICAGOLAND JEWISH HIGH SCHOOL, (1) A Preliminary. Development Plan for a 1095 LAKE COOK ROAD Special Use /Planned Unit Development in the I -1 Office,.Research and Restricted Industrial District to permit the development of a private high school in a three -story building with a gross area of 66,300 square feet and a student capacity of 200 students. (2) Conceptual approval of future additions of 56,240 square feet with a student capacity of an additional 200 students. (3) A Text Amendment to the I -1 Office, Research, and Restricted Industrial District to allow a private high school as a Special Use in this district. (4) A Text Amendment to the sign ordinance to allow signage for a private high school in the I -1 Office, Research, and Restricted Industrial District; and (5) A variation to allow parking to be located in the west, east, and south perimeter setbacks of the Planned Unit Development. Attorney Richard Schoenstadt presented an overview of the CJHS proposed project, then commented that: • CJHS is a not for profit organization and therefore does not pay taxes. However, since the property is in Cook County, 93% of the taxes from any J 1 1 Board of Trustees Meeting July 6, 2004 Page 3 of 6 facility put there would go to Cook County taxing bodies, not to the Village of Deerfield. • CJHS has no objection to the communications tower on adjacent Village property, nor would it oppose the installation of additional towers. • CJHS will operate a closed campus, which will keep to a minimum the traffic it adds to Lake Cook Road. • CJHS has had discussions with ownership of the office building complex to the west, and that party is amenable to entering into an agreement allowing CJHS to use the parking lot of the complex for overflow parking, should the need arise. Mr. Schoenstadt summarized the two text amendments and the variation being requested by CJHS, then emphasized that, with the exception of the encroachment on setbacks, the development will meet or exceed all Village requirements. Mr. Schoenstadt introduced the team of professionals involved in the project - architect Stuart Brodsky, civil engineers. Dan Brinkman and Don Matthews, and landscape architect Scott Byron, each of whom made a presentation regarding his phase of the project. Mayor Harris and the trustees asked numerous questions of the petitioners, sought clarification on various aspects of the plan, and offered several suggestions for improving the plan. Trustee Wylie, while being complimentary of the plan overall, had several concerns regarding the site plan. He had previously submitted these concerns, which involved pedestrian issues and traffic circulation issues, to the petitioners in writing for their consideration. Trustee Wylie and the engineers spent several minutes discussing the issues, with the petitioners ultimately deciding not to deviate from the plans presented to and approved by the Plan Commission. Trustee Rosenthal commented that she would like for there to be express language incorporated into the ordinance that the petitioners have been made aware of and have no problem with the fact that in the future there may be more antenna towers built in the vicinity of the detention basin. Mr. Schoenstadt responded that CJHS has no objection to the incorporation of such language into the ordinance. Plan Commission member Norton Wasserman commented that he strongly favors acceptance of the CJHS proposal. He has been involved with the Solomon Schechter movement for a number of years, and having the high school in Deerfield would be not only a dream come true for him, but also an asset to the Village. Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct preparation of an ordinance, including language regarding antenna towers. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden (4) NAYS: Wylie (1) The.matter being concluded, at 9:23 p.m. Mayor Harris called for a recess. He reconvened the meeting at 9:30 p.m. Board of Trustees Meeting July 6, 2004 Page 4 of 6 CONSENT AGENDA ORDINANCE APPROVING AMENDMENT TO An ordinance approving an amendment to the SPECIAL USE TO PERMIT ENVIRONMENTAL Briarwood Country Club special use to permit FACILITY - BRIARWOOD COUNTRY CLUB construction of an environmental building/ facility of approximately 1,800 square feet and approval of an' open air wash area containment pad of approximately 144 square feet. First Reading. ORDINANCE APPROVING AMENDMENT TO An ordinance approving an amendment to a SPECIAL USE TO PERMIT TOOL RENTAL/ special use to permit tool rental /storage STORAGE ADDITIONS AT HOME DEPOT additions at Home Depot. First Reading. ORDINANCE 0 -04 -37 RE LOCAL An ordinance providing for the administration GOVERNMENT TAXPAYERS BILL OF RIGHTS of locally imposed taxes and specifying certain rights to local taxpayers in the collection of those taxes. Second Reading. Trustee Benton 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, Wylie (5) NAYS: None '(0) OLD BUSINESS ORDINANCE RE HISTORIC PRESERVATION, Trustee Seiden summarized the provisions of SECOND READING the historic preservation ordinance which had its First Reading at the June 7, 2004, Board meeting. One of the provisions of the proposed ordinance is that the owner of a property accepted for historical preservation status could at any time withdraw the home from landmark designation. After First Reading the ordinance was sent to the State Historical Preservation Agency, which declined to certify it because of the opt out provision. Trustee Seiden explained that, without the certification of that agency, a homeowner could not qualify for a tax freeze. Since the task force feels the opt out provision is necessary and important, it is their recommendation that that no further action be taken on a historical preservation ordinance at this time. There was no disagreement by trustees, and no vote was taken. NEW BUSINESS ANALYSIS AND AWARD OF BID FOR Seven bids were received for 2004 parkway tree PARKWAY TREE REMOVAL removal (including stump removal). It is the recommendation of the Street Department Foreman and the Director of Public Works and Engineering that the contract be awarded to low bidder Sawvell Tree Service at their quoted unit prices, on an as- needed basis, up to the budgeted amount of $10,000. Trustee Wylie so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: �J 1 Board of Trustees Meeting July 6, 2004 Page 5 of 6 AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Two bids were received for a four wheel drive FOUR WHEEL DRIVE FRONT END LOADER front end loader. One of the two bids was disqualified as it was deficient in thirteen points of the Village's specifications. The Director of Public Works and Engineering therefore recommends awarding the bid to the other bidder, West Side Tractors Ales Co., for a base bid price of $115,599 for a John Deere four wheel drive front end loader with a Warsau snow plow, less trade in of $16,000 for a 1989 Fiat Allis Model FR 12 Loader, for a net bid of $99,599. Trustee Wylie so moved. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION TO ACCEPT PROPOSAL FOR MOTOR CONTROL CENTERS AT THE WASTEWATER TREATMENT FACILITY AND LIFT STATIONS the Director of Public Works and proposal of Stellmach Electric in Three proposals were received for routine and preventative maintenance on the existing motor control centers for the Village's wastewater facilities. The WRF foreman suggests that the maintenance be done every five years. He and Engineering recommend acceptance of the low the amount of $17,125. Trustee Rosenthal moved to authorize the Director of Public Works and Engineering to accept the proposal of Stellmach Electric in an amount not to exceed $17,125. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Maer Davis, chairperson of the Fine Arts CONTRACT FOR FINE ARTS FESTIVAL IN Commission, was in attendance to request MAY 2005 authorization for Mayor Harris to sign a contract with D &W Events, Inc. for a fine arts festival to be held Saturday and Sunday, May 28 and 29, 2005 (Memorial Day weekend). D &W Events was responsible for the 2004 fine arts festival, which was well received in spite of the rainy weather. There are no hard costs to the Village for the.event. Trustee Seiden moved to authorize Mayor Harris to sign a contract with D &W Events, Inc. for the May, 2005, fine arts festival. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) 1 Board of Trustees Meeting July 6, 2004 Page 6 of 6 DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden reported that on July 17th there will be a Trustee in the Town at the Deerfield Farmers Market from 9:00 a.m. until noon. Mayor Harris and Trustee Wylie will be the Village's representatives for the event. FIREWORKS Trustee Kayne.suggested that, since the July 3rd fireworks were rained out, consideration should be given to rescheduling them to another date, such as Labor Day weekend. Mayor Harris agreed. Staff will ask Ed Seidman, chairman of Family Days, to look into the matter and report back to the Board. ADJOURNMENT There eing no rther business to discuss, Tru ee Benton m de a motion to adjourn the meeting. Trustee Wylie seconded the do ioq passed unanimously. The meeting was adjourned at 10:00 p.m. P Ma ATTEST: 1 1 1