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02/21/2006February 21, 2006 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, February 21, 2006 at 7:35 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Michelle Feldman Harriet Rosenthal William Seiden Barbara Struthers Matthew Wylie Absent: Robert Benton and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE reciting the Pledge of Allegiance. PROCLAMATION Penny Weinberg, Wilmot school art teacher and three of her art students led those in attendance in Mayor Harris proclaimed the month of March as Youth Art Month in Deerfield. There will be an art fair on March 11 at Kipling School. Trustee Rosenthal made a motion to approve the proclamation. Trustee Struthers seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the February 6, 2006 Board of Trustees meeting. Trustee Wylie seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated February 21, 2006. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the January 31, 2006 Treasurer's Report. Mr. Fialkowski explained that sales tax did well this month and the expenditures are under budget. 1 1 1 Board of Trustees Meeting February 21, 2006 Page 2of8. REPORT ON DEPARTMENTAL Chief Sliozis presented highlights from the 2005 OBJECTIVES, POLICE DEPARTMENT Annual Report. The department received national recognition through the accreditation program and met more than 400 standards. The accreditation is good for 3 years and is an ongoing program. The department made significant upgrades to the software for the E911 program: Chief Sliozis explained that there was a slight increase in the number of thefts, primarily in parking lots. They cleared up a number of old burglary cases. They have reinstated a traffic unit to deal with speed complaints. Chief Sliozis reported that the department has been involved in a number of* oint efforts with other communities. After commending the department on its fine work, Mayor Harris explained that in October, the department. performed unannounced compliance checks. Under the supervision of the department, a 19- year -old female attempted to purchase alcohol at ten businesses. Four establishments - Red Star Tavern, Bennigan's, Brunswick and Jewel /Osco were each cited. A hearing was held for each business. The four businesses described the remedial measures so it would not happen again and paid a fine. They also each agreed to run a full page ad in the Deerfield Review announcing that they would not serve under - aged drinkers. Mayor Harris explained that the village has a zero - tolerance for underage drinking. PUBLIC COMMENT Harrison Middaugh, 943 Sunset Court, proposed that the village build a miniature railroad that would transport residents to places of importance throughout town. He explained the 7.5" gauge railway equipment would cost approximately $90,000. Mr. Middaugh believes the railroad would be profitable and a safe way to travel in the village. REPORTS REPORT AND RECOMMENDATION OF The Plan Commission held a public hearing on PLAN COMMISSION RE REQUEST FOR January 12, 2006 which was continued to January A SPECIAL USE AND TEXT AMEND- 26, 2006 to consider Briarwood Country Club's MENT TO PERMIT A GOLF BALL request for an amendment to their special use for a NETTING STRUCTURE FOR BRIAR- golf ball netting structure, and a text amendment WOOD COUNTRY CLUB to the Zoning Ordinance. Trustee Wylie asked why the tees could not be moved back. Sheldon Solow, Building and Grounds Chairman for Briarwood Country Club, explained that there was no room because of the pool and parking lot. He noted that the country club realigned the tees years ago because there were a few golf balls landing on Deerfield Road. He believes a net is the best solution. Trustee Seiden noted that when residents objected to the netting because it would be visible in the winter, the country club agreed to remove the Board of Trustees Meeting February 21, 2006 Page 3 of 8 netting in the winter. Mr. Solow explained they would come up with a landscape plan to screen the posts, which are visible year round. Trustee Wylie made a motion to approve a special use and text amendment to permit a golf ball netting structure for Briarwood Country Club. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers; Wylie (5) NAYS: Noise (0) REPORTS AND RECOMMENDATIONS The Plan Commission held a public hearing on OF PLAN COMMISSION AND VILLAGE January 26, 2006 to consider the request for CENTER DEVELOPMENT COMMIS- approval of a Special Use to permit the .establish - SION RE REQUEST FOR APPROVAL OF ment of a bank at 861 Waukegan Road and 7.11 A SPECIAL USE TO PERMIT THE Orchard. The Village Center Development ESTABLISHMENT OF A BANK AT 861 Commission held a workshop meeting on February WAUKEGAN ROAD AND 711 1; 2006 to review the proposal for a bank at the ORCHARD STREET (CENTERBANK) southeast corner of Waukegan and Orchard. Both commissions voted to deny the request. Carl Vander Wilt, President, CenterBank and Trust, 400 Lake Cook Road gave a brief overview. They believe Deerfield should have a bank headquartered in Deerfield. He believes the proposed architecture takes into consideration the recent development in Deerfield. Mr. Vander Wilt explained that the parcel is the first commercially zoned parcel south on Waukegan Road. He believes the proposed bank would be an ideal transition between residential and commercial areas. He believes the lot is workable and that the use would not increase traffic on Orchard. Art Bess, an investor and a director of CenterBank, spoke about community banks. He believes the site is ideal because it is zoned C -1 and would be a great transition between residential and commercial properties. He believes the proposed bank would be a defining location and would complement the new village hall Mark DiGanci, Architect, Design Studio 24, discussed the building design, noting that the design of the building has not come into play negatively in any commission. Mr. DiGanci explained that the biggest issue is the parking lot design. He believes they can meet every issue brought up to make the site work. Ben Shapiro, 1350 Berkley Court, discussed the merits of the proposal. He attended the public hearing and believes the only significant issue brought up was ingress and egress onto Waukegan Road. Another resident who attended the public hearing believes one vocal group is driving the opposition to the bank. Joe Hoffman and Edward Collins of the American Legion explained that their members and first floor tenant oppose the proposed bank. They Board of Trustees Meeting February 21, 2006 Page 4of8 believe the drive thru facility is ill planned and will have a negative traffic effect on the neighborhood. The drive thru will bring in excessive traffic congestion through their parking lot, making it hazardous to both pedestrians and vehicles. Two residents questioned what would occupy the premises if the bank were denied. They believe the bank building is aesthetically pleasing and the petitioners are willing to do what it takes to make the site workable. Margie Stone, 531 Hermitage, believes that a locally owned bank would be an asset to Deerfield. She does not believe a drive through belongs in a residential.area, however. Another resident believes that, although the bank is a good idea and great building, it does not fit the site. Trustee Struthers noted that although the proposed building would look better than the current structure, there are many issues, including the lack of an easement across the American Legion property, the current traffic patterns, the handicapped parking spaces located directly in front of the ATM exit and the displacement of residents in the apartment building. Some trustees believe the bank would be ideal if it were in a different location. Trustee Rosenthal asked if the bank would consider not having a drive thru. Mr. Vander Wilt explained that would not be the ideal situation because approximately two thirds of bank business uses the drive thru. He said they were flexible and would consider it, however. Mr. Bess explained there might be a different configuration of the drive through. Mayor Harris explained the commissions would consider plan revisions. Trustee Rosenthal made a motion to accept the reports and recommendations of the Plan Commission and Village Center Development Commmission to deny the petition.. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -06 -4 CONSENTING TO Ordinance approving Port Barrington to join ADD PORT BARRINGTON AS A as a member of SWALCO. First Reading. MEMBER OF THE SOLID WASTE AGENCY OF LAKE COUNTY —I R ORDINANCE 0 -06 -5 PROVIDING FOR Ordinance establishing a tentative hearing date of THE FILING OF A TENTATIVE April 3, 2006 for next year's annual budget. A draft ANNUAL BUDGET OF THE VILLAGE budget will be available no later than March 2, Board of Trustees Meeting February 21, 2006 Page 5 of S OF DEERFIELD AND FOR PUBLIC .2006. First Reading. INSPECTION AND HEARING THEREON ORDINANCE APPROVING FINAL PLAT Ordinance approving the final plat of sub - OF SUBDIVISION — 1510 GORDON division for the property at 1510 Gordon Terrace TERRACE AND 123 ASPEN WAY — 1 R and 123 Aspen Way. First Reading. Trustee Seiden made a motion to waive the first reading of Ordinances 0 -06 -4 and 0 -06 -5. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS None (0) Trustee Rosenthal made a motion to approve the Consent Agenda and Ordinances 0 -06=4 and 0 -06 -5. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) OLD BUSINESS REPORT AND RECOMMENDATION OF Marshall and Joan Hechter presented a timeline PLAN COMMISSION RE REQUEST FOR showing the activities that have occurred over the APPROVAL OF A FINAL PLAT OF past two weeks. They have initiated all contact, SUBDIVISION FOR THE PROPERTY received a third, written bid and have made an offer LOCATED AT 624 APPLETREE COURT of $3000, which represents an average of the three AND 1524 CENTRAL AVENUE bids plus a contingency. Ms. Simon countered with a number of more than $4000, which included legal and other fees. Mr. Hechter explained that both parties were supposed to get two bids and identify what was needed. Then an escrow account would be established. They got their bids but Ms. Simon did nothing. They made a cash offer but nothing has happened. Mr. Coblentz explained that the board had asked the Hechters and Ms. Simon to come up with an agreement. They have not been able to reach an agreement but are close. The board wanted to encourage the neighbors to complete the transaction. Trustee Seiden explained that a solution was agreed upon five weeks ago that both parties would come forth with two bids. Ms. Simon has not complied with the agreement. The trustees do not want to hold up the approval. The only issue is the restoration of the driveway. If there is a problem, the village would not be involved. 1 i 1 C 1 1 Board of Trustees Meeting February 21, 2006 Page 6 of 8 Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and approve the Final Plat of Subdivision for the property located at 624 Appletree Court and 1524 Central Avenue. Trustee Struthers seconded the motion. Mayor Harris believes the Hechters have made many efforts and the village has made an emotional investment. He would not like to leave anything to chance. He asked if there would be any harm in holding the approval until the next meeting. Mr. Hechter explained they have spoken with several prospective buyers and builders who are trying to meet a schedule and do not understand why it is not being approved. The trustees added that Ms. Simon has been aware of the meetings but failed to attend or send a representative. Mr. Hechter explained that they originally agreed to resurface the driveway at 'a cost of $1,400. They agreed to replace the driveway because they thought it would serve as an incentive for Ms. Simon. Mayor Harris believes the motion should be amended to reflect a dollar amount that the Hechters are willing to pay to contribute.to the repair. Mr. Hechter explained that he does not want any further obligation or liability if they provide funds in the amount of $3,500. Trustee Wylie requested the money would have to be accepted by the end of business on Friday. Mayor Harris explained that the money needs to be tendered. If Ms. Simon does not accept it, he will still sign the final plat. Mr. Franz will call Mr. Diambri (counsel) and Ms. Simon. Trustee Rosenthal and Struthers agreed to the amended motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) AUTHORIZATION TO CLOSE OUT The Director of Public Works and Engineering CONTRACT AND APPROVE FINAL explained that the water main contract has been COSTS RE AMBLESIDE/DIMMEYDALE completed and is ready for final adjustments. WATER MAIN PROJECT During the course of construction, there were some additions and deductions to contract pay items which reflect the actual quantity or unit of the installed item. The total change to the project amount for this project is $30,617.99 for a new and final contract value of $450,974.99. Trustee Seiden.made a motion to approve the completed work to Bolder Contractors, Inc. for a final contract value of $450,974.99. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) Board of Trustees Meeting February 21, 2006 Page 7 of 8 NEW BUSINESS ORDINANCE 0 -06 -6 AMENDING THE . An ordinance that would provide for the MUNICIPAL CODE RE APPOINTMENT addition of up to two non - voting, ex- officio OF EX- OFFICIO MEMBERS TO THE members to the Board of Police Commissioners. POLICE COMMISSION — 1R Mayor Harris explained this would enable future appointees to gain useful experience in the processes and procedures of the commission and provide for a smooth transition when the current long tenured members step down. Trustee Rosenthal made a motion to waive the first reading of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) Trustee Struthers made a motion to adopt the ordinance amending the municipal code to allow the appointment of ex- officio members to the Police Commission. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) Mayor Harris announced the following commission appointments: Mary Oppenheim to the Plan Commission, Rick Hiton and Paul Blakey to the Police Commission, Barbara Weisskopf to the Fine Arts Commission and Jeff Wadler to the Safety Council. Trustee Feldman made a motion to accept the commission appointments. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) AUTHORIZATION TO PURCHASE Two quotes were received to replace weir ALUMINUM WEIR PLATES FOR TWO . plates for two secondary clarifiers at the Waste - SECONDARY CLARIFIERS AT WRF Water Reclamation Facility. The Wastewater Reclamation Facilty Foreman and Director of Public Works recommend authorization of the purchase of aluminum weir plates for two secondary clarifiers from Lakeside Equipment Corp, 1 1 1 Board of Trustees Meeting February 21, 2006 Page 8 of 8 Trustee Wylie made a motion to approve the purchase of aluminum weir plates for two secondary clarifiers from Lakeside Equipment Corp. in an amount not to exceed $14,752. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS:.None (0) DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden invited all residents to attend the Trustee on the Town on Saturday, March 4, 2006 from 9 — 12 at the Library. Trustees Wylie and. Feldman will be present. BUDGET MEETING Mr. Franz ex amehere will be a budget meeting on February 27, 200 at 7:00 P.M. ADJOURNMENT There beog no further business to discuss, the meetin6 as adiourned at 10:10 P.M. ATTEST:' Village Mayor