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05/07/2007May 7, 2007 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 7, 2007 at 7:38 p.m. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Michelle Feldman Thomas'Jester (trustee- elect) Harriet Rosenthal William Seiden Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz.and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE Members of Boy Scout Troop 150 led those in attendance in reciting the Pledge of Allegiance. Scout John Newcomb discussed various outings and badges the troop has received. They are currently working on their citizenship in the community badge. APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the April 16, 2007 board of trustees meeting and the April 16, 2007, April 23, 2007 and April 30, 2007 committee of the whole meetings. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers (5) NAYS: None (0) ABSTAIN: Jester (1) OATH OF OFFICE Mayor Harris introduced Judge Wallace Dunn, who swore in newly elected trustee Thomas Jester and newly re- elected trustees Robert Benton and William Seiden. PROCLAMATION proclamation will be presented at that time. Mayor Harris noted the proclamation for Jay Monier Day, which will be on May 17th. The BILLS & PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll dated May 7, 2007. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Board of Trustees meeting May 7, 2007 Page 2of8 APPOINTMENTS TO BOARDS AND Mayor Harris announced the following COMMISSIONS appointments to boards and commissions: Appearance Review Commission — Jeremy Kanter Energy and Resource Recovery Commission — Matthew Wylie, Chairman Trustee. Rosenthal made a motion to. approve the boards and commissions appointments. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman; Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Harry Steindler, Deerfield resident, spoke about the Drug -Free Action Alliance. He explained that in' less than a year, five Deerfield High School students or, former students died because of drug or alcohol related accidents. Last fall, District 113 started a task force after the large town hall meeting. Mr. Steindler explained that more than 100 Deerfield High School athletes have been found in violation of their codes of conduct and questioned what could be done as a group to make a difference. Mr. Steindler briefly discussed the Parents Who Host Lose the Most program and urged all residents to support this program to make a difference in the lives of Deerfield children. He also spoke about the Highland Park hotel ordinance, which appears stronger than the law in Deerfield, regarding the renting of hotel rooms for persons under 21 years of age. Mayor Harris asked if Mr. Steindler would speak with Chief Sliozis regarding his ideas on this topic. REPORTS REPORT AND RECOMMENDATION After extensive research, the Cemetery Association OF CEMETERY ASSOCIATION RE: is requesting the fence at the Deerfield Cemetery be REPLACEMENT OF FENCE AT THE replaced. DEERFIELD CEMETERY Trustee Struthers made a motion to accept the report and recommendation of the Cemetery Association and award the contract for a replacement fence at the Deerfield Cemetery to All American Fence in an amount not to exceed 29,775. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) 1 1 Board of Trustees meeting May 7, 2007 Page 3 of 8 REPORT AND RECOMMENDATION OF PLAN COMMISSION RE: REQUEST FOR APPROVAL OF A SPECIAL USE TO ALLOW AN OUTDOOR SEATING AREA, A SIGN MODIFICATION AND A TEXT AMENDMENT FOR SIGNAGE FOR STONEY RIVER LEGENDARY STEAKS, 711 DEERFIELD ROAD REPORT AND RECOMMENDATION OF VILLAGE CENTER DEVELOPMENT COMMISSION RE: REQUEST FOR. APPROVAL OF A SPECIAL USE TO ALLOW AN OUTDOOR SEATING AREA, A SIGN MODIFICATION AND A TEXT AMENDMENT FOR SIGNAGE The Plan Commission held a public hearing on March 22, 2007 to consider the request for a special use to allow'an outdoor seating area, text modification and text amendment for signage for Stoney River Legendary Steaks in Deerfield Square shopping center, . The Village Center Development Commission held a workshop meeting on April 11, 2007 to consider the request. for a special use to allow an outdoor seating area, text modification and text amendment for signage for Stoney _River Legendary Steaks in Deerfield Square.shopping center. FOR STONEY RIVER LEGENDARY Trustee Struthers believes the awnings enhance the STEAKS, 711 DEERFIELD ROAD property and asked if the petitioner would have the awnings installed without text. Chris Siavelis, from CRM Properties, explained that Stoney River corporate management believes the text would activate the corner and appropriately communicate their message. He explained that their request is for approval of a text amendment to allow text on the proposed awnings. Mr. Siavelis does not know if Stoney River corporate management would consider installing the awnings without text. Trustee Rosenthal commented that the Appearance Review Commission had preliminary discussions about this request and had views similar to those of the Plan Commission. Trustee Benton made a motion to approve the report and recommendation of the Plan Commission and to direct preparation of the ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Trustee Rosenthal made a motion to approve the report and recommendation of the Village Center Development Commission. Trustee Benton seconded the motion. The motion failed by the following vote: AYES: None (0) NAYS: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) REPORT AND RECOMMENDATION The Plan Commission held a public hearing on Board of Trustees meeting May 7, 2007 Page 4 of 8 OF PLAN COMMISSION RE: REQUEST April 12, 2007 to consider the request for a FOR A PRELIMINARY PLAT OF preliminary plat of resubdivision for the property RESUBDIVISION FOR THE PROPERTY at 1340 Deerfield Road. AT 1340 DEERFIELD ROAD (STERN) Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and direct preparation of the ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester; Rosenthal, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -07 -20 AMENDING An ordinance amending Chapter 2, Article 11, of CHAPTER '2, ARTICLE 1.1, OF THE the Municipal Code of the Village of Deerfield to MUNICIPALCODE OF THE VILLAGE enact a new Division 3 entitled "Emergency OF DEERFIELD TO ENACT A NEW Management Agency." Second Reading. DIVISION 3 THEREOF ENTITLED "EMERGENCY MANAGEMENT AGENCY"-2R ORDINANCE 0 -07 -21 AMENDING THE An ordinance amending the Municipal' Code of the MUNICIPAL CODE RE: Village of Deerfield to allow attic areas with a DEFINITION OF ATTIC SPACE IN ceiling less than 7', finished or unfinished, to be RESIDENTIAL CONSTRUCTION - 2R excluded from the FAR calculation. Second Reading. RESOLUTION R -07 -08 ADOPTING AN AMENDED VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN A resolution adopting an amended Vantagecare Retirement Health Savings Plan. Trustee Rosenthal made a motion to accept the Consent Agenda and adopt the ordinances and resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS RECONSIDERATION OF THE Reconsideration of the petition, which was denied PETITION FOR A SPECIAL USE TO March 19, 2007, for a special use to allow a bank in ALLOW A BANK IN DEERFIELD Deerfield Shoppers Court. SHOPPERS COURT (TABLED APRIL 4, 2007) Trustee Rosenthal made a motion to remove the J I I Board of Trustees meeting May 7, 2007 Page 5 of 8 item from the table. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: Feldman (1) Jack Frigo, representing the ownership of Shoppers Court, briefly discussed the current and previous proposals. He explained:that if the special use to allow a bank in. Shoppers Court were approved, ownership would make changes to the parking lot, landscaping and existing facade. Mr. Frigo explained that the new proposal locates the bank in the east location of the former Shelby's II storefront. He believes that the original proposal gives management more flexibility because they could better divide the space for two tenants. Trustee Rosenthal commented that she made the motion to reconsider the petition if a substantial change were made to the original proposal. Trustee Benton believes separating the bank from US Bank would be an improvement because the proposed retailers would get more exposure than if the bank were located in the (original) western location. Trustee Seiden noted that representatives from US Bank have not shown any opposition to the proposed bank. He would like the original motion reconsidered. Trustee Struthers does not believe the bank needs the prime window exposure.. Trustee Feldman believes the space should be filled by retail uses only. Trustee Rosenthal made a motion to approve a special use and direct preparation of an ordinance to allow a bank in the westernmost part of Deerfield Shoppers Court, the entire facade reclad and improvements to the parking lot and landscaping. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: Feldman, Rosenthal (2) AUTHORIZATION TO AWARD The Director of Public Works and Engineering CONTRACT TO PROVIDE explained that Deerfield is responsible for ongoing GROUNDWATER SAMPLING groundwater monitoring at the corner of Lake Cook SERVICES FOR RESERVOIR 29A FOR and Pfingsten Roads. She explained that STS THE YEAR 2007 Consultants has been awarded the contract since 2004 and they have requested renewal of the contract for monitoring services at the same amount as 2006. Trustee Seiden made a motion to award the contract to provide groundwater sampling services for reservoir 29A for the year 2007 to STS Consultants, Inc. in an amount not to exceed $13,658. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Board of Trustees meeting May 7, 2007 Page 6 of 8 AUTHORIZATION TO AWARD Ms. Little explained that four sealed bids CONTRACT FOR THE CHLORINE were received and publicly read for the chlorine CONVERSION PROJECT AT THE conversion project at the Deerfield Road and DEERFIELD ROAD AND WARWICK Warwick Road storm water stations. ROAD STORM STATIONS Trustee Struthers made a motion to award the contract for the chlorine conversion project at the Deerfield Road and Warwick Road storm stations to Mechanical,. Inc., the lowest bidder, in an amount not to exceed $412,000. Trustee. Rosenthal .seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION FOR THE SCHOOL Mr. Franz explained that under section 4 -4 of the DISTRICT 109 EDUCATION Municipal Code, the village board must approve FOUNDATION AND THE DEERFIELD.. activities such as a circus or carnival in a public PARK FOUNDATION TO HOLD A place within Deerfield. CIRCUS AT BRICKYARDS PARK IN SEPTEMBER Bill Smirles, 1410 Rosewood, representing the Park Foundation, explained that the two foundations would like to hold a joint fundraising event by bringing the Kelly Miller Circus to Deerfield. The foundations are currently in the planning stages but need a permit to proceed before promoting the sale of tickets. Mr. Smirles explained that they are asking for village support to bring this joint fundraising event to the community. Mr. Smirles explained the entire performance would be located under the big top, but concessions would be sold outside. Michelle Shields, 1246 Kenton, does not believe Deerfield should host a circus with live animals. She expressed concern over the care and treatment of the animals, along with the safety of the residents. Ms. Shields explained that training of elephants for the circus violates the animal welfare act. She noted the elephants are shackled and transported in vehicles without proper climate control to 200 cities in 8 months. Ms. Shields commented that elephants have been known to carry tuberculosis, and the USDA has cited the circus for failure to provide proper proof of TB testing. Ms. Shields believes Deerfield should do its own due diligence not to support this cruel exhibit. Mayor Harris asked the petitioners if they would be adversely affected if the petition were tabled until further research could be done. Sandy Robbins, 1155 Stratford Road, representing the District 109 Foundation, explained they wanted to begin selling tickets before the end of the school year. Mayor Harris asked if the park board had discussed the initiative and if the public was'able to comment about the initiative. Linda Gryziecki from Deerfield Park District explained that the initiative was discussed at a regular park district meeting. She explained that the park board approved the circus in concept. They still need to receive further information about the tent and fire protection. She noted that the Kelly Miller Circus has met liability insurance requirements. Board of Trustees meeting May 7, 2007 Page 7 of 8 Trustee Feldman questioned if a different vendor could provide the entertainment, or if they could use the Kelly Miller Circus without the live animals. Mr. Smirles explained the Kelly Miller Circus offers one package, and there is not enough time to find a different vendor. Mayor Harris believes more due diligence needs to be done because there are too many questions still unanswered. He. questioned if there is a relationship between how animals are treated and the propensity for animals to endanger others. Mr. Smirles explained that they would work with the police and fire departments to ensure a safe event. He explained that they spoke with officials in Wilmette, Gurnee and Arlington Heights, all of which hosted this circus and had tremendous events. Sandy Delisle, 1466 Greenwood, does not believe Deerfield should host the circus because of the poor treatment to animals. She believes there are better ways to raise funds for these worthwhile organizations. Tom Drews, 401 Milford, explained that the meeting began with a discussion about the well being of Deerfield youth. He believes these two issues are directly related and that the well being of animals should also be a concern. He noted there is a worldwide movement to no longer permit animal acts. Kent Shields, 1246 Kenton, does not believe it makes sense to promote poor treatment of animals. Trustee Seiden made a motion to table further discussion until the May 21, 2007 board of trustees meeting. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) TAX RILLS DISCUSSION Trustee Benton commented that tax bills arrived in today's mail. He urged residents to look at the bills carefully and notice that, although the tax bills increased, the portion going to the village decreased. The library portion also decreased. ACTS OF KINDNESS CELEBRATION Village Manager Franz informed residents that the Celebrate the Spirit of Deerfield celebration will take place on Sunday May 20, 2007 from 2:00 — 4:00 at Deerfield Village Square. Board of Trustees meeting May 7, 2007 Page 8 of 8 ADJOURNMENT ATTEST: Village Clerk 1 1 1