07/21/2003July 21, 2003
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, July 21, 2003, at 7:30 P.M. The Clerk called the roll and announced that
the following were:
Present: Steve Harris, Mayor
Robert Benton
Jerry Kayne
Harriet Rosenthal
William Seiden
Matthew Wylie
Absent: Vernon Swanson
and that a quorum was present and in attendance. Also present were Village
Attorney Peter Coblentz and Village Manager Robert Franz.
MOMENT OF SILENCE
Mayor Harris called for a moment of silence in
memory of Deerfield resident Steve Nardini who
passed away recently from ALS.
PLEDGE OF ALLEGIANCE
Ed Seidman led those in attendance in reciting
the Pledge of Allegiance. He then briefly
talked about this year's successful
Family Days celebration.
APPROVAL OF MINUTES
Trustee Rosenthal made a motion to approve the
minutes of the previous meeting. Trustee
Benton seconded the motion. The
motion passed unanimously.
BILLS AND PAYROLL
Trustee Wylie moved to approve the Bills and
Payroll. Trustee Kayne seconded the motion.
The motion passed by the following
vote:
AYES: Benton, Kayne, Rosenthal,
Seiden, Wylie (5)
NAYS: None (0)
TREASURER'S REPORT
Bob Fialkowski presented highlights from the
June Treasurer's Report. Sales tax received
in June (for March sales) is a 15.5%
increase over the same period last month and
a 5.4% increase for the last twelve
-month period versus the year before. As of
June 30, 2003, 100% of available
cash was invested at an average interest rate of
2.58% compared to an average rate
of .84% for the 90 -day Treasury Bill.
PROMOTION OF POLICE PERSONNEL Chief Sliozis announced the promotion of
Officer Iain McCowan to Sergeant. Sergeant
McCowan joined the Deerfield Police Department in 1984 as a community service
officer. He also worked as a dispatcher in Deerfield before leaving the Village
to work for the Mundelein Police Department. He returned to Deerfield as a police
officer in 1992.
Mr. Franz administered the Oath of Office.
Board of Trustees Meeting
July 21, 2003
Page 2 of 9
REPORT ON DEPARTMENTAL OBJECTIVES,
PUBLIC WORKS AND ENGINEERING
Barbara Little presented highlights from the
Report on Departmental Objectives for Public
Works and Engineering. These included:
4 The Deerfield Road rehabilitation project is in the study phase. The project
is on track for a June 2004 letting.
• The Central Avenue water main replacement project is in the pre -final
engineering stage. Numerous physical, construction and environmental
constraints have caused increased complexity to the project. Construction is
scheduled for spring 2004.
• The Mitchell Park reservoir and pumping station project is nearing completion.
• The Hazel Avenue reservoir project is also substantially complete.
• There were 40 water main breaks in the first six months of 2003.
PUBLIC COMMENT
day long seminar for individuals in
seminar will be held in the Village
sessions, including how to search t
writing resumes and cover letters.
(1) Oscar Adler announced that on August 2nd,
the Chamber of Commerce will be sponsoring a
job transition or looking for a job. The
Hall board room and will have numerous
ae internet for jobs, networking skills, and
(2) Earl Stone, 531 Hermitage, inquired what
the procedure is for enacting an ordinance prohibiting smoking in restaurants and
other public places. Mr. Coblentz responded that the Village has the power to
enact such an ordinance. The process usually begins with a workshop to determine
if there is interest having the legislation. Mr. Stone volunteered to be on a
taskforce for the non - smoking legislation should the Village decide to pursue it.
(3) Jeanne Becker of 901 Sunset Court and T.C.
Eck of 755 Chestnut commented on the excessive noise that filters into their
neighborhood from the TRAX rooftop restaurant. Calls to the Police Department
have brought little relief, even though ordinances are being violated.
REPORT OF THE APPEARANCE REVIEW
COMMISSION RE APPEAL FROM ON THE
BORDER ON SIGNAGE DECISION
proposal preferred by On the Border
rejected by the Appearance Review C
decision to the Board of Trustees.
REPORTS
The Appearance Review Commission discussed
signage proposed by On The Border Restaurant
at their meetings held on February 24th, April
28th, May 19th and June 23rd. The signage
for their south elevation was unanimously
Dmmission, and the petitioner is appealing the
Pat Ryan, General Manager of On The Border and
Terry Doyle from the sign company were in attendance, as was Pat Carroll of the
ARC. .Mr. Doyle commented that the only remaining issue is whether On The Border
can use the lime on their sign. The lime is part of the registered trademark for
On The Border, and its use was approved by the Plan Commission. Mr. Carroll
responded that the ARC tries to limit the amount of information on signs to the
minimum necessary. They feel that further information makes the sign look
cluttered and detracts from its appearance. They feel that allowing the proposed
signage would set a precedent.
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Board of Trustees Meeting
July 21, 2003
Page 3 of 9
made a motion to approve the
Benton seconded the motion.
therefore denied.
After a brief discussion, Trustee Rosenthal
report of the Appearance Review Commission. Trustee
The motion passed unanimously. The appeal is
CONSENT AGENDA
ORDINANCE 0 -03 -30 GRANTING REAR
YARD VARIATION, JOSEPH VYSKOCIL,
1508 HACKBERRY ROAD
existing 26.75' rear yard, creating
the minimum 24' as specified in the
ORDINANCE 0 -03 -31 AUTHORIZING
SPECIAL USE FOR KIDSNIPS HAIR
SALON, DEERFIELD CENTRE
RESOLUTION R -03 -11 AUTHORIZING
BANK SIGNATORIES
An ordinance allowing Joseph Vyskocil of 1508
Hackberry Road to construct a second attached
garage stall, mud room and office space,
extending his home eastward 13.75' into the
a rear yard of approximately 13' in lieu of
Zoning Ordinance. Second Reading.
An ordinance authorizing a special use for
KidSnips Hair Salon at Deerfield Centre.
First Reading.
A resolution authorizing and updating
signatories with the Village's commercial
bank, US Bank.
Michael Tobin, representing Deerfield Centre,
was in attendance to request a waiver of the rules to permit the ordinance
regarding KidSnips to be passed on First Reading. He explained that the
petitioner, who has already been delayed a month because a Plan Commission meeting
had to be canceled due to lack of a quorum, is eager to get her business opened.
Trustee Wylie moved for a waiver of the rules.
Trustee Benton seconded the motion. Trustee Rosenthal commented that it has not
been the custom to waive a second reading for commercial establishments, as it is
important to have ample time for public comment.
The motion to waive the rules passed by the
following vote:
AYES: Benton, Kayne, Seiden, Wylie (4)
NAYS: Rosenthal (1)
Trustee Rosenthal moved for passage of the
Consent Agenda and adoption of the two ordinances and the resolution. Trustee
Wylie seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
Tobin to consider adding a bike rack in the vicinity of the Starbucks. Mr. Tobin
agreed to add one.
Trustee Benton noted that
in the Corporate
Resolution there is a
discrepancy between the name shown for
the Assistant Finance
Director in the text
document. One or the
of the document and the way in which she
other should be changed. Also, Trustee
has signed the
Kayne asked Mr.
Tobin to consider adding a bike rack in the vicinity of the Starbucks. Mr. Tobin
agreed to add one.
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Board of Trustees Meeting
July 21, 2003
Page 4 of 9
OLD BUSINESS
ORDINANCE AMENDING THE ZONING Mayor Harris opened up the meeting to public
ORDINANCE RE BULK REGULATIONS comment, and during the next hour nineteen
individuals spoke. Of these, two had general
comments, two were in favor of adopting the task force recommendations, and the
remainder were against adopting them. Several people who were against adopting
the recommendations made a group presentation encouraging the Board to consider
implementing instead the "Community First" advisory program currently used in
Naperville.
David Marks, Chairman pro tem of the Plan
Commission during the time of its recommendation on the tear down issue, commented
that if the ordinance is passed, the issue of height in relation to determining
floor area ratio needs to be clarified. He also suggested that the Community
First workbook be made available to developers and to individuals who are
considering additions to their homes.
Barbara Struthers, a member of the Residential
Redevelopment Review task force, commented that the task force did study the
voluntary Community First program and found that it doesn't work very well. She
added that many other north shore communities have rules that are more restrictive
than Deerfield's will be if the task force recommendations are passed.
When everyone in the audience who wished to
comment had done so, Mayor Harris gave trustees the opportunity to respond.
Trustee Rosenthal reiterated her position
stated at the last meeting that bonus density should be awarded for certain
architectural features such as interesting porches, side loading garages and
landscaping, which would soften the appearance of the larger homes. If these
considerations are added later, as part of the next phase of the study, it will
mean that anyone who has built from the time of the initial ordinance until the
next phase is passed will have been penalized. She therefore has concerns about
passing the ordinance until the entire process has been completed.
Trustee Benton responded that 100 teardowns
are predicted for this year. While he shares some of Trustee Rosenthal's
concerns, he feels that regulations need to be put in place without waiting for
Phase 2. Trustee Benton added that it is untrue that the task force is opposed to
teardowns, but there do need to be some controls over what can be done.
Trustee Seiden commented that the Community
First program was studied by the task force at length. In some cases it works,
but it doesn't work in others, depending on the willingness of the developer to
cooperate. Noting that the size of new homes in Deerfield is growing at a fast
rate, with 12 of the 31 homes built so far in 1993 having a FAR of .5 or greater,
he agreed with Trustee Benton that regulations need to be put in place now in
order to protect the quality of life for neighbors of the redeveloped properties.
He also agreed with Mrs. Struthers that Deerfield's proposed policy on this issue
is the most liberal on the north shore. At the suggestion of Mayor Harris,
Trustee Seiden listed the communities used for comparison by the task force and
explained some of the ways in which those communities have policies that are more
restrictive than Deerfield's proposed regulations would be.
Board of Trustees Meeting
July 21, 2003
Page 5 of 9
Trustee Kayne thanked those who made the
presentation on the Community First program. He had not been aware of that
program and will read the literature before the next meeting.
stand as a First Reading.
P.M. and reconvened at 9:47.
There being no further discussion, this will
Mayor Harris called for a brief recess at 9:40
NEW BUSINESS
REQUEST FROM DBR CHAMBER OF Phil Stamm, General Manager of the Deerfield
COMMERCE FOR FINANCIAL ASSISTANCE Hyatt, along with Steve Robinson and Victoria
TO PROMOTE TOURISM Case, both of the DBR Chamber of Commerce,
were in attendance to further discuss the
financial assistance being requested from the Village to promote tourism in the
area. The three options presented range from $111,100 (Deerfield's 79% share
being $87,769, with Bannockburn and Riverwoods contributing the remainder) to
,$63,300 (with the Deerfield share being $50,000). The funds would be used for a
number of projects including a shopping, dining and lodging guide, print and cable
advertising, and an economic development package.
Board members spent several minutes discussing
the options. Mayor Harris stated that $50,000 strikes him as being the right
amount for Deerfield to contribute, provided that Bannockburn and Riverwoods also
agree to contribute their portions and provided that the funds are spent as shown
in the outline. Trustee Seiden wondered if Village dollars should be spent for
private use and how spending those dollars would benefit the Village. Trustee
Rosenthal commented that $50,000 is a large amount compared to the contributions
made by other communities listed on the comparison sheet presented by the Chamber.
She would prefer to start at a smaller amount, such as $25,000, then perhaps
increase the amount in the future if it can be shown that the funds are having a
positive result. Trustee Wylie added that, for financial reasons, two Village
employees have not been replaced, and an item that will be brought up for
discussion later in the meeting is well.over budget. These things neeci.to-be
considered when deciding whether or not to contribute to the tourism proposal.
Trustee Kayne commented that the time to advertise is when times are bad. He will
support the motion for $25,000 but would prefer a larger amount. Trustee Benton
agreed with Trustee Rosenthal that if positive results are obtained from the
$25,000, the amount can perhaps be increased in a subsequent budget year.
Trustee Rosenthal made a motion to contribute
$25,000 providing that Bannockburn and Riverwoods contribute their proportionate
share as well. Trustee Wylie seconded the motion.
After further discussion, including comments
by Mr. Robinson and Ms. Case, the motion to provide $25,000 for the tourism
initiatives passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden (4)
NAYS: Wylie (1)
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Board of Trustees Meeting
July 21, 2003
Page 6 of 9
ANALYSIS AND AWARD OF BIDS FOR
2003 MFT CONTRACTS
that the contracts be awarded as
On July 2nd sealed bids were opened for the
2003 MFT contracts. It the recommendation of
the Director of Public Works and Engineering
follows:
(1) For Concrete Patching - To low bidder D'Land Construction in the amount of
$32.49 /square yard. Trustee Rosenthal so moved. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
(2) For Inlet Reconstruction - To low bidder Meridian Construction in the amount
of $24,548 ($1,292 each). Trustee Benton so moved. Trustee Wylie seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
(3) For Thermoplastic Pavement Marking - To low bidder Marking Specialists in the
amount of $240,000 with contract quantities adjusted to stay within the budgeted
amount. Trustee Wylie so moved. Trustee Benton seconded the motion. The motion
passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
(4) For Asphalt Vulcanized Rubber Crack Sealant - To the sole bidder Sherwin
Industries in the amount of $0.34 /pound, with quantities adjusted up to the
budgeted amount of $9,030. Trustee Wylie so moved. Trustee Rosenthal seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
APPROVAL OF CHANGE ORDER #1 AND Due to a change in the original design of the
FINAL FOR EXCESS FLOW IMPROVEMENT piping alignment in the Excess Flow
PROJECT Improvement Project, which includes the
removal and replacement of heavy duty
underground electrical conduit, there is an increase of $8,967.64 in the net cost
of the contract. Also, an increase of four days was needed to complete the
project. Mrs. Little requests approval of Change Order Number 1 and Final in the
amount of $8,967.64 and an increase of four calendar days for the project to a new
completion date of May 19, 2003. (The project was completed on time.)
Trustee Wylie so moved. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
AUTHORIZATION TO PAY $72,000 TO It is necessary to acquire right -of -way from
EXXONMOBIL FOR COMPENSATION ExxonMobil Corporation in order to construct
RELATED TO WAUKEGAN /OSTERMAN/ intersection improvements at the corner of
LONGFELLOW INTERSECTION IMPROVEMENT Waukegan Road and Osterman Avenue. The
Board of Trustees Meeting
July 21, 2003
Page 7 of 9
Village provided an independent appraisal and an offer in the amount of $65,400 to
ExxonMobil. Their consultant determined that the Impact on Value is greater than
the appraiser figured and calculated a total just compensation value of $77,000.
In an attempt to avoid costly litigation and to settle the matter, ExxonMobil's
consultant has made a counter offer to the Village of $72,000. Mrs. Little is
requesting authorization to accept the counter offer proposed by Range West
Consultants and pay $72,000 to ExxonMobil for compensation related to the
Waukegan /Osterman /Longfellow intersection improvements.
After discussion, Trustee Benton made a motion
to authorize acceptance of the counter offer of $72,000. Trustee Seiden seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
AUTORIZATION FOR VILLAGE TO ENTER The ExxonMobil retail station at 650 Waukegan
INTO HIGHWAY AUTHORITY AGREEMENT Road has been the site of several leaking
WITH EXXONMOBIL RE WAUKEGAN/ underground storage tank incidents. The
OSTERMAN /LONGFELLOW INTERSECTION location is near the southern edge of the
IMPROVEMENT site property, potentially extending into the
right -of -way of Osterman Avenue. IEPA
regulations allow a commercial property with contamination exceeding Tier 1
residential cleanup objectives to receive a No Further Remediation letter if
public exposure to the contamination is limited or protected. ExxonMobil has
requested that the Village enter into a Highway Authority Agreement. The
Agreement benefits both parties in that it clarifies that the contamination is the
responsibility of the owner /operator of the site as well as the manner in which
contaminated groundwater or soil will be removed from the sub - surface if
encountered. The property owner (ExxonMobil) asks the highway authority (the
Village) to agree to maintain the road pavement as an engineered barrier, thereby
preventing casual human contact to contaminated soil or groundwater lying beneath
the right -of -way. Once the Agreement is executed, it will be utilized as an
institutional control in order to obtain a No Further Remediation letter. The
Village Attorney has reviewed the document and has made revisions, which were
agreed to by the consultant and recommended to ExxonMobil. Mrs. Little requests
authorization. for the.Village to enter into the Highway Authority Agreement with
ExxonMobil for the Waukegan /Osterman /Longfellow intersection improvement.
After questions from trustees and
clarification of the issue by the Village Attorney, Trustee Rosenthal made a
motion to authorize the Village to enter into the Highway Authority Agreement with
ExxonMobil. Trustee Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
AUTHORIZATION FOR VILLAGE TO ENTER
INTO TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT WITH EXXONMOBIL
RE WAUKEGAN /OSTERMAN /LONGFELLOW
IMPROVEMENT
various forms of damages and poten
Temporary construction easements will be used
on the ExxonMobil property during the
Waukegan /Osterman /Longfellow intersection
improvement. ExxonMobil uses a temporary
construction easement agreement which is
designed to protect the company against
:ial liability, though not intended to hinder
Board of Trustees Meeting
July 21, 2003
Page 8 of 9
the grantee (the Village) in its use of the easement area. The Village Attorney
recommended several changes to the standard language, which were forward to the
ExxonMobil consultant, who has recommended approval of the modified document.
Mrs. Little requests authorization for the Village to enter into the temporary
construction easement agreement with ExxonMobil for the Waukegan /Osterman/
Longfellow intersection improvement.
Trustee Wylie so moved. Trustee Rosenthal
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
ANALYSIS AND AWARD OF BID FOR The cover on the #2 digester at the Waste -
DIGESTER COVER REPLACEMENT AT THE water Reclamation Facility is in poor
WASTEWATER TREATMENT FACILTY condition and is leaking due to exterior
corrosion. Three quotes were received for
digester cover replacement. The low bidder is J.J. Henderson & Son at a cost of
$267,700. The piping inside the digester may also need to be replaced, although
this cannot be determined until the basin has been opened and cleaned. The
estimated cost to replace the digester piping is $80,000.
Mrs. Little recommends that that the digester
cover be replaced with a new cover. She also asks for authorization to install
new digester piping if it is warranted. In this fiscal year there is $220,000
budgeted for digester cover replacement. Additional funds needed to finance the
project would be diverted from Capital Improvement Project 11. Mrs. Little
recommends awarding the contract for digester cover replacement and piping
replacement to J.J. Henderson & Son,for an amount not to exceed $347,700.
Trustee Benton so moved. Trustee Wylie
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0)
TRUSTEE IN THE TOWN
until noon at the Farmer's Market.
attendance.
DISCUSSION
Trustee Seiden reported that Trustee in the
Town will take place this Saturday from 9:00
Trustees Benton and Seiden will be in
e
a
COMMENTS RE TEAR DOWN REPORT Allen Elstein of 222 Fairview commented that
he has been watching with interest the
meetings regarding the tear down issue. He shared his impressions of those
meetings and wondered if there is a way to resolve this issue so that all sides
would feel they had won. Board members spent several minutes discussing the issue
with Mr. Elstein.
Mr. Elstein then commented that he would like
to have heard more about the finance package that was on the last agenda, but the
discussion was cut short and the power point presentation was deleted due to the
lateness of the hour. He is concerned how trustees could have voted on the issue
Board of Trustees Meeting
July 21, 2003
Page 9 of 9
with so little information. He would also like to obtain a copy of the
presentation to study. Trustees briefly discussed putting the finance package
presentation on the next agenda. It was decided that Mr. Elstein will instead be
given a copy of the report and will report back to staff if he has questions about
it.
TRAX COMMENTS Trustee Wylie commented that the letter read
by Mrs. Eck earlier in the meeting has
prompted him to mention that the west side of the TRAX building looks terrible.
He can't believe that the outside storage, uniform lockers etc. are code
compliant. Staff will look into the matter. Trustee Benton commented that at a
Plan Commission meeting it had been suggested that a glass wall around the top
floor of the restaurant would protect patrons from the wind. He noted that this
would also cut down on the noise that Mrs. Eck is concerned about.
COMCAST
Mr. Franz reported that Comcast
has asked him
to announce that their facility
in Waukegan
sustained severe storm damage
and is temporarily closed. Customers
may experience
some delays in service.
ADJOURNMENT
There be' further business
to discuss,
Truste ton ade a motion to
adjourn the
meeting. Trustee Wylie
seconded the mo he m
tion passed unanimously. The
meeting was adjourned at
10:55 P.M.
ARRO ED: n
ATTEST:
Vil age Clerk
yor
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