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01/18/2005January 18, 2005 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, January 18, 2005, at 7:35 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 Absent: 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 Jules Crystal, chairperson of the Manpower Commission, led those in attendance in reciting the Pledge of Allegiance. Mr. Crystal then briefly discussed the activities of the Manpower Commission. BOARDS AND COMMISSIONS Mayor Harris recommended the following new Boards and Commissions appointments: Dan Ziemba to the Cemetery Association Ernst Kauffman to the Village Center Development Commission Sherrie Cromie to the Manpower Commission Mayor Harris also recommended the following reappointments: Appearance Review Commission - Richard Coen (ch), Patrick Carroll Board of Building Appeals - Ted Galvani Board of Police Commissioners - James Marovitz Board of Zoning Appeals - Karen Scott Cable & Telecommunications Commission - Neil Charak, Steven Robinson, John Sanner Community Relations Commission - Gil Antokal, Martin Friedman, Lori Zwart Family Days Commission - Rick Julison, Rick Wilk Fine Arts Commission - Maer Davis (ch), James Golding, Sharon Laney Manpower Commission - Julie Morrison Plan Commission - Gail Gussis, Bruce Heitzinger Police Pension Board - Mark Anfenson Safety Council - William Keefe Village Center Development Commission - Joan Reed, Daniel Rudd, Barbara Struthers Trustee Seiden moved to approve the appointments and reappointments. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) Board of Trustees Meeting January 18, 2005 Page 2 of 6 APPROVAL OF MINUTES Kayne 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 Rosenthal made a motion to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the December Treasurer's Report. Sales tax received in December (for September sales) is an 8.3% increase over the same period last year. Hotel tax promises to finish the fiscal year at budget, which would represent a 20% increase from the 2003 -04 amount received. As of December 31, 2004, 100% of available cash was invested at an estimated average interest rate of 3.09% compared to an average rate 2.22% for the 90 -day Treasury Bill. PUBLIC COMMENT There was no public comment on non agenda items. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR A REAR YARD hearing on December 14, 2004 to consider the VARIATION FOR THE PROPERTY AT request of Gerald and Laura Horn for a rear 1150 HEATHER, GERALD HORN yard variation for their property at 1150 Heather Road. The variation, which would permit construction of an addition to contain an indoor recreation area, would reduce the rear yard of the residence to 25.5' in lieu of the required 40' specified in the zoning ordinance. On a motion to grant the variation as requested the vote was 0 -5, and the motion therefore failed. Dr. Horn explained that, after consulting an arborist about protecting one of his trees, he is modifying his request from the one presented to the BZA. His new plan will leave him with a 34' rear yard, which would mean a variance of only 6' instead of the originally requested 14.51. Dr. Horn brought in several letters of support from his neighbors. Upon questioning from Mayor Harris, Dr. Horn responded that the only neighbor who didn't provide a letter is his rear lot neighbor, with whom Dr. Horn met twice and who voiced no opposition to the plan. Trustee Seiden stated that, based on his work with ,the Residential Redevelopment Review Task Force, Dr. Horn's alternative plan is acceptable to him and is abetter choice than tearing down the house and putting up a "McMansion ". After further discussion, Trustee Rosenthal made a motion to approve the revised request for a variance, notwithstanding the Board of Zoning Appeals recommendation of denial of the original request, and to direct preparation of an ordinance. Trustee Seiden seconded the motion. Mr. Coblentz explained that if the motion passes and an ordinance is prepared, the Board of Trustees Meeting January 18, 2005 Page 3 of 6 ordinance will require four affirmative votes from trustees in order to pass, an extraordinary vote requirement because of the BZA's recommendation of denial. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -05 -01 REZONING CERTAIN Jan Caron, President of the Deerfield Park PROPERTIES AS P -1 PUBLIC LANDS District Board, reminded listeners that the DISTRICT AND AUTHORIZING AN park district is a separate governmental body AMENDMENT TO A SPECIAL USE TO from the Village, with its own board and its PERMIT CERTAIN IMPROVEMENTS AND own public meetings. Policies and financial RENOVATIONS TO JEWETT PARK, decisions are discussed and voted on at these DEERFIELD PARK DISTRICT, 2ND READING meetings, which are open to the public. The Village's approval of the land use being sought tonight is just the last step in a public process that began in 1973 when the park district began acquiring property along Hazel Avenue to compensate for the loss of the portion of Jewett.Park that was needed for surrounding roadways. Now that the Patty Turner has become a reality in Brickyards Park, the park district is ready to move forward with renovations in Jewett Park. Ms. Caron provided a brief overview of the many meetings and processes that have taken place in the past year, which led them to tonight's vote. She also reminded everyone that the proposed cell phone tower is not a part of the plan being voted on tonight. The park district is committed to the Jewett Park renovation, with or without the addition of a cell tower, and that issue will be taken up at a later time. Mayor Harris opened the meeting to public comment, and for approximately an hour about 15 residents voiced their opposition to the proposed project. Their concerns included: removing Deerfield homes from the tax rolls, additional taxes that would be required to pay for the improvements, the feeling that the park is adequate as it currently exists, the feeling that the matter should be decided by referendum, the cell tower, placement of the parking lot, traffic congestion in the area of the new parking lot, headlights possibly shining into adjacent homes,- flooding issues, the need for fiscal conservatism in these economically difficult times, the upcoming School District 109 referendum being more necessary, and others. None of the residents who addressed the Board spoke in favor of the proposed project. Ms. Caron and Linda•Gryziecki responded to some of the points raised by residents and to questions from trustees. Ms. Gryziecki noted that all of Trustee Wylie's suggestions from the prior meeting have been agreed to. There was discussion of Trustee Kayne's request that the width of the new sidewalks be 101. It was agreed that the park district and the police department will look at the matter together to ensure that a 10' sidewalk could be constructed in such a way that it could not be used by vehicles. When everyone who wished to comment had done so, Mayor Harris thanked them for coming out to share their thoughts on the park district's proposed plan. He then reminded them that the park district, like the Village, holds open meetings where people may come to discuss proposed projects. He would have preferred, and he is certain that the park district would have Board of Trustees Meeting January 18, 2005 Page 4 of 6 preferred, that residents attend the park district meetings to discuss their concerns with this project at that level, rather than bringing those concerns to the Village now. He stated that it is unfair, at this late stage of the process, to come before the Village Board and ask it to usurp the authority of a sister board that has been elected by the residents of the Village. Mayor Harris noted that the park district, like the Village, has a board of elected officials who serve at the pleasure of the residents, and those residents have the opportunity every few years to vote out any officials that they feel are not serving them properly. Trustee Rosenthal made a motion to adopt the ordinance rezoning the properties to P -1 public lands and authorizing an amendment to a special use to permit improvements and renovations to Jewett Park, with the addition that the new parking lot be aligned with the alley, and also with the addition that the northern sidewalks be studied by the park district and the police department to see if there is a way to widen them to 10' without making them accessible to automobiles. Trustee Swanson seconded the motion. After further discussion, the motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson (4) NAYS: Kayne (1) At 9:25 p.m. Mayor Harris called for a brief recess. He reconvened the meeting at 9:33 p.m. Mayor Harris asked that the next four items, all regarding Takeda Pharmaceuticals, be taken together. These are: • ORDINANCE ANNEXING CERTAIN TERRITORY AT THE NORTHEAST QUADRANT OF SAUNDERS ROAD AND LAKE COOK ROAD TO THE VILLAGE OF DEERFIELD - FIRST READING; • RESOLUTION R -05 -2 AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH RESPECT TO THE TAKEDA PHARMACEUTICALS PROPERTY AT THE NORTHEAST CORNER OF SAUNDERS ROAD AND LAKE COOK ROAD; • ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD BY ZONING CERTAIN PROPERTY AT THE NORTHEAST CORNER OF SAUNDERS AND LAKE COOK ROADS UPON ANNEXATION TO THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT - FIRST READING; and • RESOLUTION R -05 -1 APPROVING A SECOND AMENDMENT TO THE LAKE COOK CORRIDOR AGREEMENT WITH THE VILLAGE OF NORTHBROOK. Attorney Ivan Kane updated the Board on matters that have been discussed since the last Board meeting. The annexation agreement has been revised in several places including, at the Board's request, tightening the restrictions placed on the packaging plant. Trustee Wylie's comments have been responded to in writing. Takeda has also negotiated with Mayor Harris and Village staff adjustments to certain permit and review fees, including assessing permit fees at the rate they were when Takeda purchased the property and first approached the Village regarding annexation. Mr. Franz reported that the resolution approving a second amendment to the Lake Cook Corridor Agreement was approved by Northbrook in December, and they are prepared to sign it after Deerfield takes action on it. Board of Trustees Meeting January 18, 2005 Page 5 of 6 Mr. Coblentz commented that, because revisions to the resolution authorizing the execution of the annexation agreement have been in process until very recently, he would like it stated in the motion that the resolution shall be adopted subject to review and approval of the final version by the mayor and the Village attorney. Trustee Benton moved to adopt the resolution approving a second amendment to the Lake Cook Corridor Agreement with the Village of Northbrook. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) Trustee Rosenthal moved to adopt the resolution authorizing the execution of an annexation agreement with respect to the Takeda Pharmaceuticals property at the northeast corner of Saunders Road and Lake Cook Road, subject to legal review and review by the mayor. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) Readings. ORDINANCE 0 -05 -02 REDUCING THE NUMBER OF CLASS E LIQUOR LICENSES FROM 15 TO 14 AND THE NUMBER OF CLASS D LIQUOR LICENSES FROM 1 TO NONE, FIRST READING American Legion will not be requi The two ordinances will stand as First NEW BUSINESS An ordinance reducing the number of Class E liquor licenses from 15 to 14 due to the decision of Rhapsody Cafe not to renew its license and reducing the number of Class D -1 liquor licenses from 1 to none since the Board decided at a previous meeting that the red to purchase a liquor license. Trustee Seiden moved for a waiver of the rules to permit the ordinance to be adopted at First Reading. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) Trustee Rosenthal moved for adoption of the ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) AUTHORIZATION FOR PURCHASE AND Chief Sliozis is seeking authorization to INSTALLATION OF POLICE DEPARTMENT purchase a steam generating building HUMIDIFICATION SYSTEM humidifier for the police facility. This was not included in the revamping...of the facility three years ago, and the lack of humidification has resulted in problems with 1 1 Board of Trustees Meeting January 18, 2005 Page 6 of 6 equipment. Chief Sliozis added that humidified air will also create a healthier and more comfortable work environment for staff. Three quotes were sought for the equipment and installation. Two of the quotes did include both the equipment and the installation. The third quote, which was from Northern Weathermakers, was for the equipment only in the amount of $7,983 and would also require electrical work in the amount of $2,665, for a total amount of $19,648. This is the lowest amount of the three. Chief Sliozis therefore asks that the bidding process be waived and that the Board authorize acceptance of the proposal of Northern Weathermakers of Northbrook to install a Nortec steam generating humidifier system at a cost not to exceed $7,983, with electrical work to be completed by Deerfield Electric at a cost not to exceed $2,665. Trustee Benton moved to waive the competitive bidding requirement. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) Trustee Benton moved to authorize acceptance of the quote from Northern Weathermakers at a cost not to exceed $7,983. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) Trustee Benton moved to authorize acceptance of the quote from Deerfield Electric in an amount not to exceed $2,665. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: None (0) DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden reported that this Saturday, Trustee in the Town will be held from 9:00 a.m. until noon at the library. Trustees Swanson and Rosenthal will attend. MEETING DATE Trustees meeting will be in three ADJOURNMENT p.m. ATTEST: A4e'�t Vil ge Clerk Mr. Franz rep d that due to there being fiv ays anuary, the next Board of s, on Feb ary 7th. There bein no fArthe business to discuss, Mayor Har is journe the meeting at 9:50