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12/03/20071 l F1, December 3, 2007 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Village Manager Kent Street in the Council Chambers of the Village Hall on Monday December 3, 2007 at 7:30 p.m.. The Clerk called the roll and announced that the following were: Present: Robert Benton Thomas Jester Harriet Rosenthal William Seiden Barbara Struthers Absent: Steve Harris, Mayor Michelle Feldman and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. MAYOR PRO TEM In the absence of Mayor Harris, Trustee Seiden nominated Trustee Benton to act as Mayor Pro Tem. Trustee Rosenthal seconded the motion. The motion passed unanimously. PLEDGE OF ALLEGIANCE Oscar Adler led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Rosenthal made a motion to approve the minutes from the November 19, 2007 Board of Trustee meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS & PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll dated December 3, 2007. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: None (0) PUBLIC COMMENT Oscar Adler, 59 Eastwood Drive, invited residents to watch Adler's Alley on Tuesday and Thursday evenings on Comcast Cable channels 10 and 19. This month's topic is titled, "Learn a lot about our library." It discusses how the library has changed and what you can find in the library now. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: September 27, 2007, which was continued to REQUEST FOR AN AMENDMENT TO November 8, 2007 to consider a request to amend a Board of Trustees Meeting December 3, 2007 Page 2 of 8 A SPECIAL USE TO PERMIT Special Use to permit renovations to.the North RENOVATIONS TO THE NORTH Avenue Lift Station at 845 North Avenue. The Plan AVENUE LIFT STATION AT 845 Commission voted 3 -1 in favor of the request. NORTH AVENUE Jim Bernahl, Assistant Village Engineer, showed Trustees the revised elevation plans, along with the material samples and color boards. He explained that they worked with the Park District and have agreed that the playground equipment would be temporarily removed and then.would be replaced in the same location, as requested by the.Plan Commission. Rubberized material will be overlayed on the concrete for safety purposes. Mr. Bernahl discussed the landscaping, noting that because the space is so limited, staff recommends allocating $1,000. Details would be worked out with the Park District after the playground is reinstalled. Mr. Bernahl reported that they also spoke with Mr. Martersteck, the neighbor directly to the south of the property, and it was agreed to install two evergreen trees on his property. Trustee Seiden expressed frustration because he does not believe the petition materials are complete. He noted that the Plan Commission . members voted 3 -1 in favor of the request, even though there were a number of substantive issues that still required attention and resolution. Trustee Seiden does not believe all of the questions have been answered, and he finds it difficult to vote for something when the Plan Commission did not feel they had enough information. Trustee Seiden commented that there are several lift stations throughout the Village, and they fit in nicely with their surroundings. He expressed concern because the proposal includes an above ground structure that will be prefabricated. Mr. Bernahl reported that the lift station needs to be above grade for safety reasons, and the interior is prefabricated, with brick installed on the exterior. Trustee Seiden noted that there are very few prefabricated homes in Deerfield, and he does not believe a prefabricated lift station would be appropriate. He questioned why the lift station could not be placed in the same location. Trustee Seiden is uncomfortable voting in favor of a petition without knowing if the Plan Commission believes the proposal would be as nice as it was before. Trustee Seiden made a motion to refer the petition back to the Plan Commission for further study. Trustee Struthers seconded the motion. Trustee Jester explained that he was not comfortable voting on the petition without hearing from the Plan Commission members that are present. Trustee Seiden rescinded his motion. Mr. Bernahl explained that underground pipe elevation and slope determined the location of the wet well. Staff worked with the Park District to minimize the impact on playground equipment. Trustee Struthers noted that this section of the Northeast Quadrant does not have many tot lots. She believes the building would hinder visibility and expressed concern that children would go on the other side of the building and not be in view of parents. Board of Trustees Meeting December 3, 2007 Page 3 of 8 . Trustee Rosenthal believes the Village needs to find a way to make this work because the Village needs both the lift station and the to lot. ' She noted that many of the questions from the Plan Commission have already been answered, including the rubber on the sidewalk and the motion detection lights. The color and material boards have also been presented. Trustee Seiden restated his concern with the process. Trustee Jester believes the proposal is appropriate and that'staff worked effectively with the Park District and homeowners. Mayor Pro. Tom Benton advised that when he was on -the Plan Commission, there were occasions where they were not satisfied with plans but forwarded a recommendation, with conditions, to the Board. Mary Oppenheim member of the Plan Commission, acknowledged the Board's frustrations with the petition. She explained that the Plan Commission's initial concerns were aesthetics, safety and utility. A number. of these issues have been addressed through revisions. m She explained that the Plan Commission recommended a different roof line and trim on the building, as well as other colors to make the building more aesthetically appealing. Commissioner Oppenheim explained that the neighbors expressed concern about postponing the petition because they do not want the construction to cut into the usage of the park in the spring. She noted that the Plan Commission agreed that all of the information should be sent to Village Planner Jeff Ryckaert, who would review it and send it back to the Plan Commission if he thought it incomplete. Trustee Seiden questioned whether the Plan Commission believed that the building could not be moved. Commissioner Oppenheim confirmed that the Plan Commission was convinced it was in the best location, given engineering considerations. She also believes that if the Village Engineer says something would not be fiscally responsible, the Plan Commission needs to take the economics into consideration. The Trustees discussed the landscaping plan. Mayor Pro Tom Benton noted that the landscaping plan could be sent back to the Plan Commission and brought back to the Board at a later date. Trustee Rosenthal commented that sometimes it is better to have some things in place before installing the landscaping. Mayor Pro Tom Benton commented that in earlier Plan Commission discussions, it was suggested to have ivy on the building. Commissioner Oppenheim noted that ivy is not the heartiest plant, and toxicity must be considered, but there are several ways to mitigate the appearance of the lift station. Trustee Jester explained that the lift station is a Village function in the middle of a Park District function. He believes that the Park District is charged with child safety and appearance and asked the Superintendent of Parks, Rick Julison, whether the Park District was comfortable with the Village proposal. Mr. Julison noted that a number of issues have been addressed, and he believes the Park District can work with the proposal. Nort Wasserman, member of the Plan Commission, disagreed in principle with the conclusion of the Plan Commission. He advised that all four members of the Plan Commission were unhappy with the presentation made by the Village Board of Trustees Meeting December 3, 2007 Page 4 of 8 . engineering department because it was incomplete. He does riot believe the Village.should be held to lower standards than other petitioners; rather, they should be held to the same or higher standards. Commissioner Wasserman believes the Plan Commission has let the Village and Board down, because their job is to provide their best recommendation so the Trustees can make an informed decision. The Plan Commission has not seen much of the material and he does not believe the, Trustees. should leave the landscaping plan for later because there are areas in need of buffering that have not been addressed. Trustee Rosenthal does not believe the Trustees would approve inadequate landscaping. The. Trustees have a recommendation from the Plan Commission and have seen the additional, requested information. She believes that if the project does not proceed, the residents will not have a tot lot in the spring. Commissioner Wasserman believes that children needing a place to play should not trump the impact the lift station will have on the neighborhood. He believes the lift station, as proposed, would have a negative impact'on the homes. . Trustee Struthers commented that she spoke with a resident who was concerned about what was being constructed three feet from her fence. Trustee Struthers believes that because winter is approaching; it would not hurt to lose a couple months. Mr. Bemahl explained that staff does not know when the existing lift station will fail and noted that the existing walls are corroded. Commissioner Wasserman questioned why the lift station had to be prefabricated and expressed concern about not having an aesthetically appealing building. Mr. Bernahl confirmed that the exterior the brick is full course brick cladding. Frank Cisek, WRF Supervisor, explained that the station's operation and reliable sewer service are important. He does not know when the existing facility would fail. Trustee Jester noted that the neighbors had expressed concern about pumping failures in the past and confirmed that the reliability of the pumping station is a concern as well. Trustee Jester made a motion to accept the report and recommendation of the Plan Commission, with the caveat that the landscaping plan would go back to the Plan Commission for input before final approval by the Trustees. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal (3) NAYS: Seiden, Struthers (2) CONSENT AGENDA ORDINANCE 0 -07 -36 AUTHORIZING AN AMENDMENT TO A SPECIAL USE PLANNED UNIT DEVELOPMENT FOR EXTERIOR CHANGES TO THE BUILDING AND OTHER RENOVATIONS AT 1405 LAKE COOK ROAD TEXTURA) — 2R An Ordinance authorizing an amendment to a Special Use Planned Unit Development for exterior changes to the building and other renovations for Textura at 1405 Lake Cook Road. Second Reading. 1 1 Board of Trustees Meeting December 3, 2007 Page 5 of 8 ORDINANCE 0 -07 -37 AUTHORIZING An Ordinance authorizing an amendment to a AN AMENDMENT TO A SPECIAL USE Special Use for additional parking at Shepard FOR ADDITIONAL PARKING FOR Middle School at 440 Grove Place. Second SHEPARD MIDDLE SCHOOL AT Reading. 440 GROVE PLACE — 2R ORDINANCE 0 -07 -38 AUTHORIZING AN AMENDMENT TO A SPECIAL USE TO ALLOW AN ADDITION TO THE BUILDING AND SITE RENOVATIONS FOR THE NORTH SHORE CHINESE CHRISTIAN CHURCH, 150 WAUKEGA] ORDINANCE AUTHORIZING AN AMENDMENT TO THE SIGNAGE PLAN FOR.THE WALGREENS CAMPUS 200 -304 WILMOT ROAD —1 R Consent Agenda and adopt the Ordinances. passed by the following vote: An Ordinance authorizing an amendment to a Special Use to allow a building addition and site . improvements to. the North Shore Chinese Christian Church at 150 Waukegan Road. Second Reading. v An Ordinance authorizing an amendment to the Signage Plan for the Walgreens Campus at 200 - 304 Wilmot Road. First Reading. Trustee Seiden made a motion to approve the Trustee Jester seconded the motion. The motion AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: None (0) There was no Old Business. OLD BUSINESS NEW BUI9NESS ORDINANCE LEVYING TAXES FOR CORPORATE PURPOSES FOR THE CURRENT FISCAL YEAR, COMMENCING ON THE FIRST DAY OF MAY, 2007, AND ENDING ON THE 30TH DAY OF APRIL, 2008, FOR THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS - 1R the General Fund reserves for capital projei Finance Director Bob Fialkowski explained that this is the annual consideration of the property tax levy for the Village and the library. The total levy is $8,203,430, less proposed abatements of $2,607,824, resulting in a net levy of $5,595,610. Staff is strongly recommending not reducing the tax levy due to the softening in other revenues. The _proposed increase in the General Fund levy would help offset the increase in expenses and the use of As. The proposed Village increase would be 4.6 %. Trustee Rosenthal noted that the average increase to residents would be approximately $41, depending on the assessed value relative to other Board of Trustees Meeting December 3, 2007 'Page 6 of 8 properties in the Village. She explained that the Village is continually trying to hold their portion of the real estate taxes and, if there is an increase, it would be small. Trustee Seiden asked for a modification to the proposal which would not .raise the tax levy and would forego the $131,000 until it is needed. Mr..Fialkowski explained that the proposal would keep revenues in track with expenditures. May Pro Tem. Benton commented that the Village has sound financial management, and he believes the Trustees should support their recommendation.. Trustee .Jester believes the staff recommendation is appropriate. Trustee Seiden made a motion to reduce the proposed tax levy by $131,000. Trustee Struthers seconded the motion. The motion did not pass by the following vote: AYES: Seiden (1) NAYS: Benton, Jester, Rosenthal, Struthers (4) Mr. Coblentz noted that this would stand as the First Reading of the Ordinance. ORDINANCE ABATING ALL OF THE An Ordinance abating the entire 2007 tax levy 2007 TAX LEVY REQUIREMENTS FOR requirements for the Series 2003 General Obligation THE SERIES 2003 GENERAL Refunding Bonds. First Reading. OBLIGATION REFUNDING BONDS -1R ORDINANCE ABATING ALL OF THE An Ordinance abating the entire 2007 tax levy 2007 TAX LEVY REQUIREMENTS FOR requirements for the Series 1998 General Obligation THE SERIES 1998 GENERAL Refunding Bonds. First Reading. OBLIGATION REFUNDING BONDS -1R AUTHORIZATION TO AWARD THE The Director of Public Works and Engineering WASTEWATER RECLAMATION explained that the existing grit tank at the WRF that FACILITY GRIT TANK was installed in 1975 has failed. In the 2007/2008 REHABILITATION PROJECT budget, $175,000 was appropriated to replace the failing equipment and repair the damaged concrete in the grit tank. Three proposals were received. Although Environmental Resources, Inc. submitted the lowest bid at $85,000, they have advised that they will not honor the bid. Staff recommends waiving the formal bidding process and awarding the Grit Tank Rehabilitation Project at the WRF to Martin Peterson Co., the second lowest bidder, in an amount not to exceed $86,400. Trustee Jester made a motion to waive the competitive bidding process and award the Wastewater Reclamation Facility Grit Tank Rehabilitation Project to the Martin Peterson Company in an amount not to exceed $86,400. Trustee Struthers seconded the motion. The motion passed by the following vote: 1 r_1 1 Board of Trustees Meeting December 3, 2007 Page 7 of 8 AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: None (0) ORDINANCE ADOPTING CABLE AND An Ordinance outlining the Village's role in VIDEO CUSTOMER PROTECTION enforcing new customer service standards for cable AND SERVICE STANDARDS —1R and video providers as approved by the State. First Reading. . ORDINANCE ESTABLISHING A An Ordinance allowing the Village to collect CABLENIDEO SERVICE PROVIDER franchise fees related to the new AT &T video FEE AND PEG ACCESS SUPPORT service, U- Verse. First Reading. FEE— 1R Assistant Village Manager Phil Kiraly reported that the Illinois General Assembly recently enacted a public act which accommodates AT &T's entry into the video services market in the State. The two, proposed ordinances have been drafted by the Illinois Municipal League and have been reviewed by the Village Attorney and recommended for approval by the Cable and Telecommunications Commission. Mayor Pro Tern Benton questioned whether AT &T would accept the ordinances. Mr. Kiraly explained they are required to accept the ordinances. Trustee Struthers asked if AT &T would carry local programming, such as Adler's Alley. Mr. Kiraly explained that AT &T has given every indication that they would carry the programming, but arrangements with the Village and Comcast need to be confirmed: He noted that through the new State law, Comcast has the authority to exit the franchise agreement with 180 days notice, but they have made it clear that they intend to maintain the existing relationship with the Village. RECEPTION DISCUSSION Mayor Pro Tern Benton noted that a reception for Boards and Commissions members was held last night, and he thanked the volunteers for their service. HAPPY HANUKKAH Mayor Pro Tern Benton wished residents celebrating Hanukkah a joyous Hanukkah season. BUSINESS WEEK Trustee Seiden noted that Business Week ran an article in which Deerfield was selected as the third best place in the United States to raise children. COMMITTEE OF THE WHOLE' Mr. Street reported that there will be a Committee of the Whole Meeting on December 17th'at 6:30 p.m. to meet with WRF design engineer finalists. Board of Trustees Meeting December 3, 2007 Page 8 of 8 CELEBRATE THE SEASON Mr. Street reminded residents that Deerfield is hosting a number of seasonal activities this weekend. He encouraged everyone to attend. BELL RINGING Trustee Struthers commented that there would be a number of citizens bell ringing this weekend, with all of the proceeds staying local. ADJOURNMENT There being no further business or discussion, the meeting was adjourned at 9:30 pm. APPROVED: Mayor ATTEST: Village Clerk 1 1 1