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08/05/2013August 5, 2013 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Rosenthal in the Council Chambers of the Village Hall on August 5, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Tom Jester Robert Nadler William Seiden Absent was: Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Judy Kolman and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Commander Brian Budny lead those in attendance in reciting the Pledge of Allegiance. 25 YEAR SERVICE AWARD Mayor Rosenthal presented Commander Brian Budny with a watch commemorating 25 years of dedicated service to the Deerfield Police Department. He was a founding member of the Northern Illinois Police Alarm Unit. Commander Budny served as a drug enforcement officer and field training officer responsible for the training of police recruits. PRESENTATION OF GFOA Mayor Rosenthal reported the Village of Deerfield CERTIFICATE OF ACHIEVEMENT FOR received this certificate of achievement ,which EXCELLENCE IN FINANCIAL represents significant achievement in governmental REPORTING financial reporting. She presented the award to Finance Director Eric Burk. Mr. Burk indicated this is the 291h consecutive year the Village has received this award. DEPARTMENTAL OBJECTIVES — Director of Public Works and Engineering Barbara PUBLIC WORKS DEPARTMENT Little presented highlights from the Public Works and Engineering Department's objectives report. She indicated there have been numerous personnel changes due to retirements. The management team was reorganized to provide for an Assistant Director position and an Assistant to the Director position. The Lake Cook Road reconstruction is targeted to finish ahead of the original schedule. Director Little indicated the Street Department has worked on new street signs, pot holes and tree removal. The Village will remove 250 ash trees within the public parkways and will replace them with 150 trees. Board of Trustees Meeting August 5, 2013 Page 2 of 9 The Water Department has been busy repairing water main breaks due to the aging infrastructure. A large portion of the fire hydrants were flushed in April. The flushing and inspection of the hydrants and water mains will be completed this fall. The major projects including the installation of the Deerfield Road station, the Pfingsten Road sewer lift upgrade and the Warwick Road project. The Sewer Department has cleaned more than 40,000 linear feet of sanitary sewers. The Garage Department has done a great job keeping vehicles in good working order. The Village participated in a number of green initiatives. Mayor Rosenthal asked what would happen when the upgraded traffic signals utilizing LED lamp fixtures are covered with ice and snow. Director Little stated she would ask the State for its opinion on the issue. MINUTES OF PREVIOUS MEETING Trustee Farkas moved approval of the minutes from the July 15, 2013 Board of Trustees meeting. Trustee Seiden seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Farkas moved approval of the Bills and Payroll. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) TREASURER'S REPORT Mr. Burk presented highlights from the treasurer's report for June, representing two months or '/4 of the fiscal year. He stated that work has begun on the calendar year budget. The Village received significant revenues from vehicle stickers and property taxes. The sales tax is up from last month and the same period last year. Year to date, water and sewer revenues are slightly up from last year. The hotel tax and electric utility tax are consistent with last year. The expenditures are slightly skewed due to large insurance payments and other expenditures that occurred at the beginning of the fiscal year. PUBLIC COMMENT Andrew Marwick, 442 Kelburn, stated he does not believe the library renovation was a good value for the Village. Mr. Marwick also commented on the request by North Trail residents regarding flooding and road condition improvements. He stated that the Public Works department is working as best they can, but with the aging water mains, streets and sewers, he does not believe they can keep up with the demand. Mr. Marwick believes the Village should take a look at the budget to address these issues because these conditions do not make Deerfield look good. He thinks it is both a safety and aesthetic issue. Board of Trustees Meeting August 5, 2013 Page 3 of 9 REPORTS REPORT OF THE NORTHWEST Trustee Jester, Chairman of the Northwest Quadrant QUADRANT UNIFIED TASK FORCE Unified Task Force, thanked the Village consultants FOR AN AMENDMENT TO THE for the excellent work they did on this project, as VILLAGE'S COMPREHENSIVE PLAN well as Village staff for their support. Trustee Jester FOR THE NORTHWEST QUADRANT noted that various stakeholders were represented on OF THE VILLAGE CENTER the Task Force, including property owners, elected officials and professional planners. Trustee Jester noted the Task Force's charge was to be consistent with the 2004 Comprehensive Plan without regard to cost and property lines. In the visioning stage, the Task Force sought to maintain the existing assets in the quadrant while inviting and engaging pedestrians and satisfying motorists. Trustee Jester believes the report satisfies all of their charges. Trustee Jester moved for acceptance of the report from the Northwest Quadrant Unified Task Force and to refer the report to the Plan Commission. Trustee Farkas second the motion. Trustee Farkas noted Trustee Jester chaired the Commission and worked very hard to ensure all the points were addressed. Steve Philowski, of 1051 Saunders Road, Riverwoods, and member of the First Presbyterian Church, stated that the church is opposed to the proposed plans but is willing to engage and continue conversation about the plans. Both proposed plans have traffic coming through the church's parking lot, which the Church views as a safety issue. He asked that the Board remember the Church granted the Village two easements to allow for the construction of Jewett Park Drive and maintain the integrity of their parking. Mr. Philowski looks forward to taking part in conversations for alternatives to the plans. Chuck Malk, President of CRM Properties and owner of Deerfield Square, stated that he believes the corner should contain retail and residential components similar to other corners of the downtown rather than being another park in the Village. Mr. Malk believes the more retail in the downtown the better. The southwest quadrant is comprised of quality tenants and has been well maintained. He believes making the quadrant a park will do nothing for the retail in the Village center. He believes the northwest quadrant could generate sales tax for the Village and believes it should include a retail corner with a mixed use concept. Mr. Malk believes the four corners should have retail to help maintain a healthy downtown Deerfield. Ray Craig, 1233 Stratford Road, was a member of the task force representing the First Presbyterian Church. The work on the Task Force was, in general, a cooperative and friendly experience. They indicated the most important issues and took a stab at offering solutions. The proposed plans D and D-1 are not practical because the Church will not agree to create a north - south connector through their parking lot. He asked the Board to postpone any action until a more practical plan is developed. Board of Trustees Meeting August 5, 2013 Page 4 of 9 Joy Fiorini, 810 — 816 Waukegan Road and a Task Force Member, thanked the Task Force for working on this plan. She noted that the plan was discussed without recognizing property lines and costs. She thought it would be beneficial to take these issues under concern and devise a new proposal. She asked the board to delay approval. Trustee Benton indicated if the Board accepts the report, it would go to the Plan Commission to make a recommendation. He stated that acceptance would look at the overall goal and purpose of what the Task Force has done. Trustee Seiden noted that he appreciates the hard work that went into the plan, but stated he was disappointed to see Task Force members not in concurrence with the report. Trustee Seiden stated he would vote to send the report to the Plan Commission, but would like to see the plan stay separate from the Comprehensive Plan. Trustee Nadler believes the Plan Commission will continue the Task Force's work. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) CONSENT AGENDA ORDINANCE ADOPTING BY An Ordinance adopting by reference of the Lake REFERENCE OF THE LAKE COUNTY County Watershed Development Ordinance. First WATERSHED DEVELOPMENT Reading. ORDINANCE - 1R ORDINANCE 0-13-33 INCREASING THE An Ordinance increasing the authorized strength of AUTHORIZED STRENGTH OF THE the Deerfield Police Department. Second Reading. DEERFIELD POLICE DEPARTMENT -2R Trustee Seiden moved acceptance of the Consent Agenda and adoption of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) OLD BUSINESS ORDINANCE AMENDING CHAPTER 3 An Ordinance amending Chapter 3 (alcoholic (ALCOHOLIC BEVERAGES) OF THE beverages) of the Municipal Code of the Village of MUNICIPAL CODE OF THE VILLAGE Deerfield to authorize restaurants holding a Class C Board of Trustees Meeting August 5, 2013 Page 5 of 9 OF DEERFIELD TO AUTHORIZE or Class E liquor license to offer BYOB services. RESTAURANTS HOLDING A CLASS First Reading. Trustee Seiden believes a BYOB C OR CLASS E LIQUOR LICENSE TO license would be a good thing for the Village. He OFFER BYOB SERVICES — 1R does not believe it should be tied to a general liquor license. Bobby Ariffi is the owner of Bobby's Restaurant, of 695 Deerfield Road. He stated that this will be good for the Village, as it would give diners another reason to come to Deerfield to eat and drink. This will stand as a First Reading. ORDINANCE APPROVING AN An Ordinance approving an amendment to the AMENDMENT TO THE SPECIAL USE Special Use for Dunkin Donuts at 499 Lake Cook FOR DUNKIN DONUTS AT 499 LAKE road and an amendment to the Deerfield Park Plaza COOK ROAD AND AN AMENDMENT PUD. First Reading. This will stand as a First TO THE DEERFIELD PARK PLAZA Reading. PUD — IR ORDINANCE AMENDING ARTICLE 9 An Ordinance amending Article 9 (signs) of the (SIGNS) OF THE ZONING ORDINANCE Zoning Ordinance of the Village of Deerfield to OF THE VILLAGE OF DEERFIELD TO authorize the Appearance Review Commission to AUTHORIZE THE APPEARANCE grant certain wall sign variations. First Reading. REVIEW COMMISSION TO GRANT This will stand as a First Reading. CERTAIN WALL SIGN VARIATIONS -1R ORDINANCE AUTHORIZING THE An Ordinance authorizing the execution of a sixth EXECUTION OF A SIXTH amendment to the Annexation Agreement for AMENDMENT TO THE ANNEXATION Parkway North. First Reading. This will stand as a AGREEMENT FOR PARKWAY NORTH First Reading. ORDINANCE ESTABLISHING An Ordinance establishing commercial film COMMERCIAL FILM REGULATIONS regulations. First Reading. Mr. Street indicated Trustee Farkas made suggested changes to the proposed Ordinance. Trustee Farkas stated that he was under the impression there would be a Committee of the Whole to discuss it more openly. Trustee Farkas noted the proposed revisions were made to demonstrate some of the issues he saw with the proposed Ordinance. He expressed concern about trying to change the focus in the initial introduction by acknowledging there are some benefits to having commercial filming in town. He tried to revise the Ordinance to exclude filming that does not involve large numbers of people and large trucks rather than regulating all filming. Trustee Farkas noted that under the originally proposed Ordinance, a lone individual with a webcam would be regulated. Until the Village gets to a point that there are a number of large trucks on the streets, he feels filming should not be regulated. Trustee Farkas stated he wanted a shorter timeframe for required neighbor notification and permit approval. Trustee Farkas also expressed concerned about the geographic area that must be covered for notification. He believes is should be 500 feet along the street and not a radial measure. Board of Trustees Meeting August 5, 2013 Page 6 of 9 Trustee Farkas also noted that the U.S. Supreme Court stated that commercial speech is just as protected as political speech and any regulation of film content may face a legal challenge. He suggested doing more work on the proposal, noting that there is not an urgent need to get regulations in place. Trustee Benton does not believe the Village is trying to rush into an Ordinance. Mayor Rosenthal noted that a letter from Trustee Struthers outlining her thoughts on the ordinance was placed at each seat at the dais. Mayor Rosenthal does not believe commercial filming includes homemade videos and thinks the Village can come up with an Ordinance that balances the views of those who want to have commercial filming at their house and protects neighbors from problems. Mayor Rosenthal believes there are some legitimate concerns in the neighborhoods due to narrow streets. She noted the Village limits commercial activity in the residential parts of the Village because it does bring a lot of cars onto narrow streets. Mayor Rosenthal believes residents that live on these streets have the right to use the streets without being overly bothered. She stated 6 a.m. is too early for a truck to be on the streets. Mayor Rosenthal would object to having a door hanger as a way of notifying residents. She expressed concern with permits for more than four consecutive days and believes the Village needs to find a balance to work for everyone. Trustee Farkas questioned why the Village would care unless there was a truck or crew. He questioned why the Village would care if there were only one or two people with a handheld camera. Mayor Rosenthal believes there should be a better definition of what constitutes commercial filming. Trustee Nadler does not believe the Board should tell people what they can or cannot do in their homes. He thinks the Board should only consider regulating large scale filming. Trustee Jester indicated staff has looked at policies from other municipalities and found it is the norm in peer communities to have a regulation. Trustee Jester would prefer the Village Manager's office be granted some latitude in setting the number of permits allowed. Todd Gagerman, 701 Westgate, stated he believes most people in the Village believe filming is positive overall. Mr. Gagerman agrees people should be able to enjoy their block. Proper notice and procedure should be part of the Ordnance. Mr. Gagerman understands the Village's motivation to alleviate concerns, but noted that the lead time for one to two day shoots is short, so a long notice requirement would largely eliminate filming altogether. Mr. Gagerman expressed concern about due process and statuary guidelines for a Village response and noted that people have different opinions on what is bothersome. Mr. Gagerman would like the Board to put this on hold. Mayor Rosenthal received an email from Frank Haney who thought 14 days was excessive. He also thought filming would be good for the Village. Board of Trustees Meeting August 5, 2013 Page 7 of 9 Mayor Rosenthal summarized by stating there seems to be some consensus on 5 days notification and the hours to coincide with construction hours. There still needs to be a consensus on the number of permits and limit on the number of days per shoot. Mr. Street stated Village staff would come up with alternatives. This will stand as a First Reading. NEW BUSINESS AUTHORIZATION FOR THE MAYOR Assistant Director of Public Works and Engineering TO EXECUTE THE LOCAL AGENCY Bob Phillips stated Phase 1 started in 2010. AGREEMENT FOR FEDERAL Approximately 70 percent of Phase 2 design is PARTICIPATION FOR THE DEERFIELD complete. The final plans are due to IDOT in ROAD RECONSTRUCTION PROJECT September. The Village is in the process of picking the Phase 3 consultant. Mr. Phillips indicated there are some challenges due to 55 residential and 12 commercial properties in the area. The scope of work includes patching and resurfacing Deerfield Road from the underpass bridge to 250 feet east of Waukegan Road. The scope includes utility work and decorative crosswalks in the Village Center, replacing traffic signals and roadways. The cost of the project will be $8.4 million in federal funds and $5.2 million for Highland Park and Deerfield. The Village needs an intergovernmental agreement to allow Deerfield to recoup costs from Highland Park. Mr. Phillips noted the agreement does not include jurisdictional transfer. Trustee Farkas questioned whether the Village needs to pay and wait for reimbursement. Mr. Phillips explained construction fees will be first paid by IDOT and Deerfield would be billed then bill Highland Park. The Village pays upfront for Phase 3 engineering and bills Highland Park. Trustee Jester moved to authorize the Mayor to execute the Local Agency Agreement for Federal participation for the Deerfield Road reconstruction project. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) AUTHORIZATION TO AWARD Mr. Phillips stated that the project runs along PHASE II ENGINEERING DESIGN Lake Cook Road east of Waukegan. The western SERVICES CONTRACT FOR THE boundary is Ellendale and the eastern boundary is BRIARWOOD VISTA Carlisle. The area is relatively isolated from most RECONSTRUCTION PROJECT TO of the Village. There are 12 streets within the GEWALT HAMILTON ASSOCIATES subdivision; ten require full reconstruction. Two of the streets may only need resurfacing. A key reason for the project is to replace the water main, as it has had multiple water main breaks. Mr. Phillips indicated the water main will need to go beneath the roadway; therefore, the roadway will be replaced. Storm sewer work will also be completed. The Village requested proposals from design engineers. Four proposals were received. Gewalt Hamilton was selected with the proposal amount of $225,445. The Village budgeted $100,000 in the current fiscal year and the balance will be requested for fiscal year 2014. Mr. Phillips indicated Gewalt Hamilton has Board of Trustees Meeting August 5, 2013 Page 8 of 9 completed a number of projects within the Village. He is confident they will provide good service. Trustee Farkas moved to award the Phase II design engineering contract for the Briarwood Vista reconstruction project to Gewalt Hamilton in an amount not to exceed $225,445. Trustee Benton seconded the motion. Trustee Seiden questioned why Gewalt Hamilton was selected over Baxter and Woodman. Mr. Phillips explained Gewalt Hamilton provided a more complete proposal. Trustee Nadler questioned how the condition of Briarwood Vista compares to North Trail. Mr. Phillips explained the road conditions are similar but the utility conditions at Briarwood Vista are much worse. Trustee Jester indicated the State has a quality based selection law that home -rule communities such as Deerfield are not required to follow and objects to bidding professional services work; therefore, he would abstain. AYES: Benton, Farkas, Nadler, Seiden (4) NAYS: None (0) ABSTAIN: Jester (1) AUTHORIZATION TO AWARD Mr. Phillips indicated the east side interceptor main CLEANING OF THE EAST SANITARY goes between the Warwick Road pumping station INTERCEPTER MAIN TO AMERICA and the east side pumping station and intercepts UNDERGROUND one-third of the water in the Village. When the Village gets a lot of rain, it adds storm water to the sanitary system and causes the Warwick pumping station to back up. One goal is to keep the interceptor from running. As part of the televised study, one-third of the main is blocked and has reduced capacity. The Village received proposals from two firms. The low bid came from American Underground, Inc. in the amount of $75,650. This is not a budgeted expense. Staff is looking to reduce the inflow and infiltration study budget to cover the expense. Trustee Seiden moved to waive the competitive bidding process and authorize the contract to clean the east sanitary interceptor main to America Underground in an amount not to exceed $75,650. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) AUTHORIZATION TO PURCHASE Trustee Seiden moved to waive the competitive WATER METERS FROM MIDWEST bidding process and authorize the purchase of WATER METERS FROM MIDWEST water meters from Midwest Meter Inc. on an METER INC. ON AN AS -NEEDED as -needed basis up to the budgeted amount of BASIS UP TO THE BUDGETED $110,000. Trustee Farkas seconded the motion. AMOUNT OF $110.000 The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) Board of Trustees Meeting August 5, 2013 Page 9 of 9 AUTHORIZATION TO PURCHASE A Director of Public Works and Engineering Barb 5 MGD PUMP FOR RICHFIELD Little stated the Village has three pumps in PUMPING STATION ON AN operation. Two are 2.5 MGD and one is a 5MGD EMERGENCY BASIS pump. The 5 MGD pump, which is the main pump, has failed and is no longer in operation. The Village needs to replace the pump as soon as possible. Director Little requested authorization to purchase and install the pump in an amount not to exceed $30,000. Trustee Farkas moved to waive the competitive bidding process and authorize the purchase of a 5 MGD pump in an amount not to exceed $30,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: None (0) DISCUSSION ADJOURNMENT There being no further business or discussion, Trustee Nadler made a motion to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:26 pm. APPROVED: Mayor ATTEST: , Village -Clerk