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09/19/2005September 19, 2005 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, September 19, 2005 at 7:30 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. PLEDGE OF ALLEGIANCE Mayor Harris asked Julie Nichols and Mike Kurtz to lead those in attendance in reciting the Pledge of Allegiance. Julie and Mike, both recent college graduates and Deerfield High School Alumni, are working with the village on a fund raiser for the victims of the hurricanes. Rock for Relief will feature four bands, a raffle and food. The event is scheduled for September 25, 2005 from 5:00 p.m. —10:00 p.m. in Jewett Park. Proceeds from the event will benefit the American Red Cross and Feed the Children. PROCLAMATION Mayor Harris proclaimed Friday, September 23, 2005 as Kiwanis Peanut Day in Deerfield. He urges all residents to give their support to their effort. Bob Speckmann accepted the proclamation on behalf of the Kiwanis Club of Deerfield. APPROVAL OF MINUTES Trustee Feldman made a correction to the village board meeting minutes from September 6, 2005. She explained that the mayor asked for the drafting of an ordinance which would require developers to have a 24/7 phone number in case of complaints. Trustee Benton made a motion to approve the minutes of the September 6, 2005 Board of Trustees meeting as amended. Trustee Rosenthal seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated September 19, 2005. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) Board of Trustees Meeting September 19, 2005 Page 2 of 8 TREASURER'S REPORT Bob Fialkowski presented highlights from the August 31, 2005 Treasurer's Report. He said the month showed a dramatic increase in sales tax from the prior year and that hotel tax had a fairly good month, bringing that expense a little over budget. PUBLIC COMMENT Jerry Irwin, 1211 Stratford, expressed concern about the philosophy. of road widths in Deerfield. He noted that Deerfield Road was kept narrow at.the viaduct to decrease traffic, but residential streets, such as Stratford, have been widened. He believes this is inconsistent and that additional traffic enforcement is necessary. He does not believe warning tickets should be given because they are ignored. Marvin Kayne expressed concern about the increased density caused by replacing single family residences with condominiums. He also spoke about American Water's interest in the village sanitary service operations and questioned how the village could return to the existing management if control was given to American Water Company. Mr: Kayne questioned using taxpayer funds for the expansion of village hall and asked about having a reserve fund for potential disasters. He questioned the loss of tax revenue because of homes purchased and removed by the park district. He urged trustees to conserve tax dollars. Oscar Adler, 59 Eastwood Drive, noted that the village has reached a point where banks are not beneficial because they do not generate sales tax. He commented that other villages are looking to make provisions to discourage additional banks in their communities. REPORTS REPORT OF COMMUNITY RELATIONS Jerry Witkovsky, Chairman of the Community COMMISSION REGARDING VARIOUS Relations Commission, presented a Journal of Acts PROJECTS of Kindness to each trustee. He explained that the commission has enlisted the help of 25 families to keep a log of kind acts to help generate other ideas. In addition, they are working with Lewis University to see if a graduate student would like to take this project on for a thesis. Ken Schmetterer discussed the commission's efforts in assisting in the humanitarian effort for the hurricane victims. He explained that the commission is working with State Representative Karen May to spearhead efforts to get schools to donate supplies to the effected areas. In addition, they want to adopt a similar -sized community to assist in a tangible way. Trustee Feldman noted that people are overwhelmed with the "things" they are getting and suggested the committee not overburden the system. Mr. Schmetterer noted that the commission has completed a volunteer directory. It will be published in D- Tales and on the village website. Board of Trustees Meeting September 19, 2005 Page 3 of 8 REPORT AND RECOMMENDATION The Plan Commission held a public hearing on OF PLAN COMMISSION REGARDING August 25, 2005 to consider the request for an AN AMENDMENT TO A SPECIAL USE amendment to a Special Use for Christ United FOR CHRIST UNITED METHODIST Methodist Church to permit renovations to the CHURCH, 600 DEERFIELD ROAD existing building. Dick Trevor, Building Chairperson, explained that the project has three objectives. They want to provide handicapped accessibility into the main building entran ce, repair the existing bungalow, and make landscaping and lighting improvements. Trustee Struthers noted the plan would pave over a large portion of the root zone of the walnut tree. Mr. Trevor explained they are trying to save the tree, but if their efforts fail, they would replant. Trustee Struthers wanted to make sure traffic would be directed, so it would not stack on Rosemary. Mr. Trevor explained they would direct traffic to ensure safety and see that traffic flow is not an issue. Trustee Rosenthal made a motion to approve the report and recommendation of the Plan Commission regarding an amendment to a Special Use for Christ United Methodist Church and to direct preparation of an ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers (5) NAYS: Wylie (1)' REPORT AND RECOMMENDATION OF The Plan Commission held a public hearing on PLAN COMMISSION FOR AN August 25, 2005 to consider an amendment to a AMENDMENT TO A SIGNAGE PLAN sign plan including necessary signage modifications FOR DEERBROOK MALL and text amendments for the directional signs and under canopy signage for Deerbrook Mall. Peter Uliasz, OKW Architects, presented the sign package. Trustee Wylie questioned the location of the directory sign near Jewel. He recommended pulling the sign further toward the curb to better facilitate loading and unloading. Trustee Wylie made a motion to approve the report and recommendation of the Plan Commission regarding an amendment to a signage plan for Deerbrook Mall and to direct preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: Struthers (1) CONSENT AGENDA ORDINANCE REGARDING APPROVAL An ordinance approving a Special Use for OF A CLASS A SPECIAL USE TO North Shore Hair Transplant Specialists in Board of Trustees Meeting .September 1.9; 2005 Page 4of8 PERMIT THE ESTABLISHMENT OF A Deerfield Square. First Reading, HAIR TRANSPLANT FACILITY FOR BUILDING 4,740 WAUKEGAN ROAD ORDINANCE 0 -05 -37 APPROVING THE An ordinance approving the rezoning of the REZONING FROM R3 SINGLE FAMILY property at 710 Orchard which will be redeveloped RESIDENCE DISTRICT TO R4 SINGLE as a two family dwelling. Second Reading.. FAMILY AND TWO FAMILY RESIDENCE DISTRICT AND APPROVAL OF AN AMENDMENT TO THE COMPREHENSIVE PLAN IN ORDER TO DEVELOP THE PROPERTY WITH A TWO FAMILY DWELLING UNIT, 710 ORCHARD (GREENVIEW HOMES) Trustee Rosenthal made a motion to accept the Consent Agenda and adopt Ordinance 0- 05 -37. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) OLD BUSINESS ORDINANCE APPROVING AN An ordinance approving an amendment to the AMENDMENT TO A SPECIAL USE Special Use Planned Unit Development for PLANNED UNIT DEVELOPMENT FOR renovations to the middle portion of Deerbrook RENNOVATIONS TO THE MIDDLE Mall. Second Reading. PORTION OF DEERBROOK MALL Trustee Struthers requested an update on the cross access agreement. Charlotte Sweetland, District Manager, RREEF Management, explained they have completed designs and drawings and have submitted them for review with the village engineer. Mr. Franz reported that the drawings are in substantial conformance with the conceptual plans. The drawings have been submitted for bid. She explained that Don Parker from Lake Cook Plaza has not proceeded. Therefore, RREEF hired a consultant to draft an agreement. Their next step is to gain approval from tenants in order to execute the agreement. Ms. Sweetland believes it may take some time to meet with Jewel regarding the loss of some parking. The trustees believe the tenants should be persuaded since they will be in a better position when they have the cross access, especially after cars are prohibited from making a left turn onto Lake Cook Road. The trustees requested a more definitive answer to the cross access before they vote on the ordinance. Ms. Sweetland explained if the project is delayed, it could be held up for a year. She believes a consensus for Board of Trustees Meeting September 19, 2005 Page 5 of 8 the southern cut through can be achieved in a'short time. She believes Jewel will take more time to proceed, but believes the northern access is also achievable. She requested moving forward in good faith. Mr. Coblentz explained the ordinance has a time schedule for completion. Because there is some uncertainty with Jewel going forward, the trustees want to get more affirmative feedback before proceeding. Trustee Seiden made a motion to table the discussion until the. October 5, 2005 Board. of Trustees meeting. Trustee Struthers seconded the motion.. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) DISCUSSION REGARDING Phil Kiraly explained the village's contract with EXTENSION OF RESIDENTIAL Onyx will expire on December 31, 2005. The Board SCAVENGER AGREEMENT WITH has met on several occasions over the past six ONYX WASTE SYSTEMS months to review proposals. 'Mr. Kiraly explained that the village currently has three service options: curbside service with an additional service fee for backdoor service, maintaining the status quo, or beginning as curbside collection but allowing a change after one year. He mentioned village staff is looking for direction before preparing the contract. Trustee Struthers believes having an option for backdoor service is preferable. Trustee Rosenthal explained that although there would be a savings for curbside service, the savings would only be $24 per year to residents because the service is subsidized by the village. She would prefer the reverse of option three, continuing backdoor service with an option to convert to curbside pick up. Trustee Seiden explained that many seniors use backdoor service. With the real estate tax increase, he believes it is unfair to raise the rates for those that want backdoor service. He suggested having a subsidy for elderly and disabled residents and adding it to the basic curb rate. Mayor Harris explained that no option eliminates backdoor service. Residents who want the premium service would have to pay for it. Perhaps the village could make an exception for seniors and the disabled. They would notify the village if they wanted backdoor service and the village would subsidize those payments. That does not mean all seniors would opt for back door service. Trustee Rosenthal explained if the village gets involved in subsidizing, they will take on administrative costs. She recommends an all out effort to educate the residents. Trustee Benton made a motion to use standard curbside service and allow residents to choose backdoor service with a village subsidy for seniors and disabled residents. Trustee Wylie seconded the motion. The motion failed by the following vote: Board of Trustees Meeting September 19, 2005 Page.6 of 8 AYES: Benton, Wylie (2) NAYS: Feldman, Rosenthal, Seiden, Struthers (4) After further discussion, it was agreed that Onyx needs additional time_ to evaluate. continuing back door service, with the village holding the option to convert to curb side service. Trustee_ Rosenthal made a motion to table the matter until October 5`h: The motion was seconded by Trustee Benton. The motion passed unanimously. NEW BUSINESS DISCUSSION REGARDING INCREASE During the annual budget process, it was concluded IN SANITARY SEWER RATES that sewer rates must be increased.in this fiscal year to meet current operations and future capital costs. Mr. Fialkowski explained the village has a $2.5 million operating budget and a $1 million improvement budget to bring processes and equipment up to speed. He recommends changing the user charge from $1.90 to $2.31. This represents an increase of 22 %. He said there would also be a $0.09 increase in the village portion of property taxes, representing a 37% increase. Mr. Fialkowski explained the 37% increase will result in an approximate increase of 1% of overall property tax. Trustee Seiden made a motion to prepare an amendment to the Sewer Rate Ordinance, reflecting a change to the user charge from $1.90 to $2.31. Mr. Benton seconded the motion. The motion passed by the following vote: AYES: - Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO AWARD The Director of Public Works and Engineering SLUDGE REMOVAL CONTRACT TO explained that the wastewater reclamation facility STEWART SPREADING has accumulated 2000 cubic yards of dried sludge which must be disposed of in accordance with the Illinois Environmental Protection Agency requirements. Proposals from three companies were received. Stewart Spreading provided the lowest unit price proposal for labor, equipment and technical expertise. Staff checked references on the company. Mrs. Little requested waiving the formal bidding procedure and awarding the contract to Stewart Spreading. Trustee Benton made a motion to waive the formal bidding procedure and award the 2005 sludge removal contract to Stewart Spreading at a unit price of $14.58 per cubic yard up to a maximum of $40,000. Trustee Seiden seconded the motion. The motion passed by the following vote: Board of Trustees Meeting September 19, 2005 Page 7 of 8 AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO ACCEPT The village attorney provided background PROPOSAL FOR REMOVAL OF information on the tennis court project which was GYPSUM CEMENT UNDERLAYMENT part of the new water reservoir improvement at AT HAZEL AVENUE RESERVOIR Mitchell Park. The surface of the courts has failed and must be removed. The village consultants solicited proposals to provide the necessary labor, equipment, materials, supervision and incidentals required to remove and dispose of the gypsum cement underlayment material from the tennis courts at Mitchell Park. Three quotes were received. The bid from Zera Construction Company in Niles, Illinois was the lowest bid and includes the cost to shot blast and power wash the gypsum material from the structural deck reservoir. Trustee Benton made a motion to waive the formal bidding procedure and accept the proposal of Zera Construction Company, Inc. for removal of the gypsum cement underlayment on the top surface of the Hazel Avenue south reservoir for an amount not to exceed $17,100. Trustee Rosenthal seconded the motion.. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) DISCUSSION FARMER'S MARKET Trustee Seiden noted that this Saturday Trustees Struthers and Feldman will judge the apple pie contest. Trustees Seiden and Rosenthal will be present for Trustee in the Town. COMMUNITY SERVICE DAY Trustee Struthers commented that Community Services Day was extremely successful. She said it was a wonderful day and hopes the village will have another such event next year. Mr. Franz thanked the fire department and park district for their efforts. He complimented Phil Kiraly for coordinating the effort on behalf of the village. He noted that Carr America contributed $5,000 toward the event and the Park Foundation contributed $1,000. DUTCH ELM DISEASE Trustee Rosenthal asked about Dutch Elm Disease within the Village. Mr. Franz explained that letters were sent out and staff is following up with each property owner. 1 1 1 1 1 Board of Trustees Meeting September 19, 2005 Page 8 of 8 REMINDER ADJOURNMENT ATTEST: The next Board of Trustees meeting will be on. Wednesday, O ber 5, 2005. There bein no furt er business to discuss, the meeti w s a jo ed at 10:00 pm. Mayor