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12/19/2005December 19, 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 Monday, December 19, 2005 at 7:32 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Michelle Feldman Harriet Rosenthal William Seiden Barbara Struthers Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE Mayor Harris asked Paul Diambri, Chairman of the Cable and Telecommunications Commission, to lead those in attendance in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the December 5, 2005 Board of Trustees meeting and the December 5, 2005 and December 12, 2005 Committee of the Whole meetings. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated December 19, 2005. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the November 30, 2005 Treasurer's Report. Mr. Fialkowski explained that revenue continues to be slightly above budget and general fund expenditures are slightly under budget. PUBLIC COMMENT Marvin Kayne, 1219 Walden Lane, questioned how the new village hall will benefit the residents of Deerfield and what cost the new construction will have on the other taxing bodies. 1 Board of Trustees Meeting December ..19, 2005 Page 2 of 6 REPORT AND RECOMMENDATION OF THE CABLE AND TELECOMMUNICATIONS COMMISSION REGARDING CELLULAR TOWER GROUND LEASE AT LAKE COOK ROAD RESERVOIR SITE REPORTS Paul Diambri, Chairman of the CTC, reported that his commission reviewed a proposal from Crown Castle to renew its cellular tower ground lease at the Lake Cook Road reservoir. The site has one cellular carrier, as well as a paging service. Crown Castle has determined that, based on its own design criteria, no additional carriers can be placed on the tower. The current lease is scheduled to expire on June 30, 2006. The commission has tried to negotiate a new lease with Crown Castle, but the commission determined their best offer not to be competitive. Jay Webber, Crown Castle Area Property. Manager, explained that they are a tower company, not a carrier. They believe the tower can be extended, and additional carriers could be added. He explained that they never received a counter offer from the commission. He believes there are still options that can be discussed. Mr. Diambri noted that the commission would consider a different financial proposal but would not want to consider the same proposals again. At the suggestion of Mayor Harris, Trustee Seiden made a motion to table further discussions until after the commission has a chance to confer once again with Crown Castle. Trustee Benton seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE 0 -05 -49 APPROVING AN An ordinance approving an amendment to a special AMENDMENT TO A SPECIAL USE TO use and height modification to allow the proposed PERMIT RENOVATIONS AND AN renovations and an addition to Deerfield Village ADDITION TO VILLAGE HALL AT 850 Hall. Second Reading. WAUKEGAN ROAD — 2R ORDINANCE 0 -05 -50 AMENDING THE ZONING ORDINANCE TO RECLASSIF) BANKS, SAVINGS AND LOAN ASSOCIATIONS AND FINANCIAL INSTITUTIONS AS SPECIAL USES IN THE C -2 OUTLYING COMMERCIAL DISTRICT — 2R An ordinance reclassifying banks, savings and loan associations and financial institutions as special uses in the C -2 Outlying Commercial District to ensure that such uses will be compatible with existing developments and will accomplish the general purpose and intent of the C -2 District. _Second Reading. 1 1 1 Board of Trustees Meeting December 19, 2005 Page 3 of 6 Trustee Seiden made a motion to accept the Consent Agenda and adopt the two ordinances. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -05 -51 AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO REGULATE SMOKING IN PUBLIC PLACES AND WORK PLACES — 2R These changes have been incorporated into An ordinance amending the Municipal Code to regulate smoking in public places and work places throughout the village. Second Reading. _Peter Coblentz discussed the changes made during the December 5, 2005 Board of Trustees meeting. the document being voted on tonight. Mayor Harris noted a slight change in verbiage in section 6.43. Trustee Rosenthal questioned why the escalating fine period was changed to a 12- month period. Robert Avona, Manager of Trax Tavern and Grill, expressed concern over the impact the ordinance would have on his business. He suggested a compromise in which the establishment would be completely smoke free outside the tavern area. He took a poll in his establishment, and 90% of the patrons do not believe that having a completely smoke free establishment is a necessity. He is concerned about his livelihood and said the owners are concerned about keeping the business in Deerfield. Doug Graham, President -elect of the American Lung Association, believes the ordinance is a great achievement. He noted both Italy and Ireland have banned smoking. Highland Park, which banned smoking, does not have any reduction in revenues. Kenneth Sawyer, Director of Public Affairs of the American Restaurant Association, believes there can be a compromise and offered to work with the village and restaurant owners. He noted there are many neighboring communities where smoking is allowed, and it could affect business. Trustee Rosenthal noted that bars are an adjunct to restaurants in the village. She explained there are no freestanding taverns in the village, and the allowed square footage is strictly regulated. Mayor Harris explained it is not the Board's intention to regulate any entity out of business. The effective date of the ordinance is March 1, Board of Trustees Meeting December 19, 2005 Page 4 of 6 .. 2006. If anyone would like to make a case for an exemption due to unique circumstances, they are welcome to do so. Trustee Rosenthal made a motion to adopt the ordinance without the 12 -month time period for fines. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN TERMINATION AGREEMENT FOR A CROSS ACCESS AGREEMENT BY DEERBROOK MALL, LAKE COOK PLAZA AND DEERFIELD IN 1982 agenda since it appears that there is agreerr emergency connection to remain. Authorization to sign Termination Agreement eliminating the emergency cross access between Deerbrook Mall and Lake Cook Plaza. Held over from 11/7/05. Mr. Franz explained this should be taken off the ent between the parties to allow the. existing ORDINANCES APPROVING 2005 Ordinance 0 -05 -52 approving the 2005 property PROPERTY TAX LEVY AND tax levy, Ordinance 0 -05 -53 abating 2005 tax levy ABATEMENTS — 2R requirements for Series 1998 general obligation bonds and Ordinance 0 -05 -54 abating 2005 tax levy requirements for Series 2003 general obligation refunding bonds. All Second Readings. Trustee Benton made a motion to approve the 2005 property tax levy ordinance and the two abatement ordinances. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None NEW BUSINESS AUTHORIZATION TO EXECUTE LEASE AGREEMENTS FOR 930 -940 WAUKEGAN ROAD AND 942 -948 WAUKEGAN ROAD believes the lease charges need to be in( Mr. Fialkowski explained that the village leases two portions of Journal Court right -of -way to the apartment building owners adjacent to it. Both apartments are under the same ownership. The rental fees have not increased since 1991, and staff ;reased. Mr. Fialkowski explained that, although the increase is approximately 244 %, the fees have not increased in 15 years. He said the land is not developable, so the village is not getting market value for the property. Board of Trustees Meeting December.l9, 2005 Page 5 of 6 Trustee Seiden believes the property could possibly be used. for a cell tower. He questioned, if the library needed right -of -way access and the village wanted to use it as a dedicated road, how this could be accomplished. Mr. Coblentz explained there is a termination clause with ,a 180 day notice built into the lease agreement. Trustee Rosenthal made a motion to authorize the execution of the .lease agreements for 930 -940 Waukegan Road and 942 -948 Waukegan Road. Trustee Benton seconded.the motion. The motion passed by the following vote: AYES:. Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO AWARD CONTRACT FOR DEERFIELD ROAD LIFT AND STORM STATION PUMP GUIDE RAIL AND CHECK VALVE REPLACEMENT $49,850. Two sealed bids were opened and publicly read on December 15, -2005 to replace guide rails for the three submersible pumps and three 12 -inch swing check valves at the Deerfield Road Lift and Storm Station located at 1199 Deerfield Road. 'Mosele & Associates was the low bidder in the amount of Trustee Rosenthal made a motion to enter into a contract with Williams Development to provide furniture specifications and services for the village hall expansion and renovation in an amount not to exceed $14,700, including reimbursable expenses not to exceed $1,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None 1 Trustee Seiden moved, seconded by Trustee Struthers, to award the contract for the Deerfield Road Lift and. Storm Station pump and guide rail and check valve replacement to Mosele & Associates in an amount not to exceed $49,850. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO ENTER INTO Mr. Kiraly described an agreement with Williams CONTRACT WITH WILLIAMS Development to provide services to design the most DEVELOPMENT TO PROVIDE efficient use of space in the new village hall. They FURNITURE SPECIFICATIONS AND will develop the floor plan reviews that will SERVICES FOR THE VILLAGE HALL integrate furniture designs, as well as prepare bid EXPANSION AND RENOVATION specifications. Trustee Rosenthal made a motion to enter into a contract with Williams Development to provide furniture specifications and services for the village hall expansion and renovation in an amount not to exceed $14,700, including reimbursable expenses not to exceed $1,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None 1 Board of Trustees Meeting December 19, 2005 Page 6 of 6 DISCUSSION HAPPY HOLIDAYS The Mayor and board wished residents a happy holiday season. CONGRATULATIONS TO PUBLIC WORKS . HOLIDAY ON THE PLAZA successful. MEETING DATE CHANGES January 17, 2006 due to holidays. ADJOURNMENT Trustee Struthers congratulated the Public Works Department for their hard work on the snow removal. Trustee Rosenthal thanked Joan Reed for all her hard work to make Holiday on the Plaza so Mr. Franz noted that the next two Board of Trustees meetingsy be ld on Tuesdays, January 3 and ...tom A TTT'OT. fu her business to discuss, the was Wirned at 8:35 P.M. Mayor 1 1