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.
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February 21, 2006
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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.
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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,
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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