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05/01/2006May 1, 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 Monday, May 1, 2006 at 7:31 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. VILLAGE AWARD Mayor Harris mentioned that the village was presented with the Standing Community of Hope Award by the American Cancer Society for their work on the Deerfield Smoking Ordinance. PLEDGE OF ALLEGIANCE Margie Stone led those in attendance in reciting the Pledge of Allegiance. Mayor Harris thanked I Mrs. Stone for her tireless efforts with the Deerfield Smoking Ordinance. APPROVAL OF MINUTES Trustee Benton made a motion to approve the minutes of the April 17, 2006 board of trustees meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated May 1, 2006. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) PUBLIC COMMENT Carol Rutterman from the American Cancer Society thanked Margie and Earl Stone for their efforts and commended the mayor and board of trustees for their great work. Ms. Rutterman noted they had presented the Standing Community of Hope Award to Mayor Harris for the initiative the board took in passing the Deerfield Smoking Ordinance. Oscar Adler, 59 Eastwood, commented that Trustee Struthers is also a trustee of the Southeast Mosquito Abatement District. He noted that Adler's Alley will present a show during the month of May wherein mosquito prevention will be the 1 1 Board of Trustees Meeting May 1, 2006 Page 2 of 7 topic of discussion. The program will air on Tuesdays at 8:30 p.m. on Channel 10 and Thursdays at 6:30 p.m. on Channel 19. CONSENT AGENDA ORDINANCE 0 -06 -21 AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO PROVIDE FOR THE ISSUANCE OF BONDS TO FINANCE AND REFINANCE PROJECTS OWNED BY TAX EXEMPT 501 (C) 3 ORGAN- IZATIONS. AND AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF DEERFIELD, ILLINOIS — 2R An ordinance amending the Municipal Code of the Village of Deerfield to provide for the issuance of bonds to finance and refinance projects owned by tax exempt 501 (c) 3 organizations. and amending Chapter 9 of the Municipal Code of Deerfield, Illinois. Second Reading. Mr. Coblentz explained that the Federal Tax Equity and Fiscal Responsibility Act requires a public hearing. He opened the public hearing, notice for which had been duly published. He explained that the purpose is to give interested members of the public an opportunity to express their views. Mark McCombs explained that the funding is for land acquisition and construction for the Chicagoland Jewish High School project along Lake Cook Road. He explained that it is conduit financing, which means the bondholders would not look to the village for payment. The obligation would be secured by .a loan agreement and mortgage. Trustee Rosenthal noted that, even though the organization is tax exempt, they can get a better interest rate in doing it through the village. That is the purpose for them to go to the village. Trustee Seiden explained that there is no way anyone can go to the village for any nonpayment of funds. Mr. Coblentz added that there is an indemnity by the borrower in favor of the village. There was no public comment. Trustee Rosenthal made a motion to adopt the ordinance amending the Municipal Code.of the Village of Deerfield. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ORDINANCE 0 -06 -22 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $30,000,000 BONDS FOR THE CHICAGOLAND JEWISH HIGH SCHOOL PROJECT — 2R An ordinance authorizing the issuance of not to exceed $30,000,000 bonds for the Chicagoland Jewish High School project. Second Reading. Trustee Rosenthal made a motion to pass the Board of Trustees Meeting May 1, 2006 Page 3 of 7 ordinance authorizing issuance of the bonds. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ORDINANCE APPROVING A SPECIAL An ordinance approving a special use for a retail USE FOR A RETAIL STORE OVER store (10,000 square feet) and an amendment to a 10,00.0 SQUARE FEET AND AN planned unit development for Lake Cook Plaza AMENDMENT TO A PLANNED UNIT Shopping Center (The Tile Shop — 407 Lake Cook DEVELOPMENT FOR LAKE COOK Road). First Reading. PLAZA SHOPPING CENTER — 1 R ORDINANCE AMENDING CHAPTER 6 An ordinance amending Chapter 6 of the Deerfield OF THE DEERFIELD MUNICIPAL Municipal Code to enact certain lot development CODE TO ENACT CERTAIN LOT regulations. First Reading. DEVELOPMENT REGULATIONS —1 R Trustee Seiden explained that on very small lots with a 2 -car garage, the driveway could be greater than what is permitted with a 40% front lot restriction. He asked staff to look into the situation to help determine if there are sufficient lots to make a special use or if variances would be better. Ms. Stone explained that on substandard.lots, it would not be possible to have a 2 -car driveway. She asked for some relief from the regulation. REPORTS REPORT AND RECOMMENDATION OF Trustee Benton made a motion to remove from the CABLE AND TELECOMMUNICATIONS table the issue of erecting .a cell tower. Trustee COMMISSION RE CELLULAR TOWER Struthers seconded the motion. The motion passed GROUND LEASE AT LAKE COOK unanimously. ROAD RESERVOIR SITE - tabled 12/19/05 Paul Diambri, Chairman of the Cable and Telecom- munications Commission, explained that they have continued negotiations with representatives from Crown Castle and have come up with a more favorable offer. Based on the new offer, the commission requests that the village accept the recommendation. Trustee Rosenthal questioned the amount of rent paid by Crown Castle to the village. Mr. Diambri explained the amount would be the greater amount of $800 per month or 75% of net revenues from the cell tower. Trustee Rosenthal made a motion to accept the report and recommendation of the Cable and Telecommunications Commission regarding a cellular tower ground lease at the Lake Cook Road reservoir site and directed the attorney to Board of Trustees Meeting May 1, 2006 Page 4 of 7 prepare a lease agreement. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF Mr. Diambri explained that the commission came to CABLE AND TELECOMMUNICATIONS the. mayor and board of trustees with a proposal on COMMISSION RE CELLULAR TOWER August 4, 2005, and it was deferred. Since then, GROUND LEASE AT VILLAGE HALL. Verizon has come back with a proposal for a SITE cellular tower ground lease at village hall. Mr. Diambri explained that the current coverage north of Deerfield Road is not acceptable with the increased use of cellular phones. They propose a 120' pole, which would house the police antenna as well as 3 — 4 wireless carriers. Mr. Diambri believes the topography at 100' would not allow proper performance. He noted their recommendation was based on photo simulations that have been provided by Verizon. Mr. Diambri explained that they want the tower to be as. unobtrusive as possible; therefore, they propose a stealth tower. He believes the tower will generate revenues between $75,000 and $100,000 per year. It will also help police department communication and will provide better coverage for the village. Mr. Diambri explained that the commission's proposal has the tower on public land, and the village can control how it is operated and how it will appear. The proposal includes a brick structure to screen the ground equipment. Mr. Diambri noted there will be a cellular tower somewhere; it is a matter of where and when. Trustee Benton believes the proposal will benefit the police department and the village. He believes the monopole antenna with the disguised ground equipment will be advantageous. Trustee Rosenthal noted the latticework tower is not as noticeable as the solid tower and asked if that option would work. Mr. Diambri explained that the monopole is the best option because the lattice tower would be too large. The monopole tower is state of the art and hides the wiring. Mayor Harris expressed concern over the aesthetics. He is unsure about the proposed flag at the peak and requested that option be left open. Trustee Wylie indicated that he is not predisposed to support the location. He does not believe the addition near the police department would be seamless. He noted that there were previous discussions about housing the equipment in the basement of village hall and asked if that were still an option.. Board of Trustees Meeting May 1, 2006 Page 5 of 7 Phil Kiraly explained that there is a potential for doing a vault structure, but it would be separate from the village hall. Besides the size and space requirements, there would also be a significant issue dealing with access, because it would need to be accessible 24/7, which would create a security issue. Mr. Diambri explained that a vault could be located in the driveway or the parking lot, but parking spaces would be lost. Trustee Wylie questioned the amount of revenue that would be generated by the tower. Mr: Diambri explained this would have. to be further discussed with Verizon, but they believe they could easily obtain $2,000 rent.per month per carrier. Trustee Rosenthal made a motion to accept the report and recommendation of the Cable and Telecommunications Commission and direct the proposal to go before the recommending bodies for comment. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers (5) NAYS: Wylie (1) OLD BUSINESS ORDINANCE APPROVING A SPECIAL An ordinance approving a special use for a bank USE FOR A BANK AND AN AMEND- and an amendment to a planned unit development MENT TO A PLANNED UNIT for Amcore Bank at 677 Lake Cook Road. First DEVELOPMENT (AMCORE BANK)—I Reading. Peter Lemon from Metro Transportation explained that at the April 17, 2006 board of trustees meeting there were some issues raised by the trustees regarding the drive thru exit traffic and potential conflict with cars exiting Home Depot's parking lot. They proposed a turn around as well as signage so traffic would not cross in front of the drive through entrance. Another alternative includes a pork chop island. The new proposal would have right turn only signage for northbound traffic and left turn only signage for traffic coming from the drive through lanes. They propose having right in and right out signage as well. Mr. Lemon believes this will address the concerns about oncoming traffic going north from the Home Depot parking lot into southbound traffic exiting from the drive through lanes. Mr. Lemon explained the two lanes closest to the bank would be able to turn left only. The two lanes farthest from the bank would be able to turn left or right. Laura Williams from Amcore Bank explained that they have a maximum of two tellers for the drive through at any time. Trustee Rosenthal questioned the need for four drive through lanes. Ms. Williams explained the farthest lane would also have an automatic teller machine. Trustee Benton added that the farthest lane could also be used as an escape. Board of Trustees Meeting May 1, 2006 Page 6 of 7 Trustee Struthers believes it would be safer if the furthest west lanes were right turn only and two way turning was not allowed. Mr. Lemon would prefer having all lanes turn left only. Trustee Wylie believes allowing only left turns from the drive through would provide a safe option. Trustee Rosenthal asked that, prior to the second reading of the ordinance, staff look at some recompense for the lack of sales tax. Trustee Wylie suggested it be standard operating procedure when a non - revenue generating entity is put in a retail space. This will stand as a First Reading of the ordinance. NEW BUSINESS AUTHORIZATION TO ACCEPT Mr. Kiraly explained that an asbestos assessment CONTRACT FOR ASBESTOS. was perfomed in anticipation of the construction ABATEMENT SERVICES FOR THE on the expanded village hall. It was found VILLAGE HALL AND VILLAGE HALL that the annex has considerable asbestos product, ANNEX primarily in the floor tiles. The village hall has some asbestos as well. A bid opening was held on April 13, 2006. Twelve bids were received for a phased approach to abatement. The low bid for a two- phased approach was Universal Asbestos Removal, Inc. Trustee Wylie made a motion to authorize a contract with Universal Asbestos Removal, Inc. for asbestos abatement services for the village hall and village hall annex in an amount not to exceed $18,200. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) DISCUSSION EXECUTIVE SESSION Trustee Wylie made a motion to go into executive session following adjournment of the board of trustees meeting for the purpose of discussing litigation. and land acquisition. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:35 P.M. Board of Trustees Meeting May 1, 2006 Page 7 of 7 ATTEST: -Is .W :. 1 — - •- 1 1 1