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07/07/1997July 7, 1997 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Monday, July 7, 1997, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Michael Swartz Absent: Vernon E. Swanson and that a quorum was present and in attendance. Also present were Assistant to the Village Manager Gerald Smith and Attorney James Stucko. APPROVAL OF MINUTES Trustee Swartz made a motion, seconded by Trustee Seidman, to approve the minutes of the previous meeting. The motion passed unanimously. PUBLIC HEARING RE REQUEST FOR Mayor Forrest opened the Public Hearing re CERTIFICATE OF PUBLIC CONVENIENCE Metro Taxi, Inc-, a company requesting the AND NECESSITY -METRO TAXI, INC. Taxicab Company Certificate of Public Convenience and Necessity which is required to operate in the Village. Tom Kozen, Business Manager of Metro Taxi, stated that the company, which has been in business since 1990 and incorporated since 1994, is seeking six licenses to operate in Deerfield. Chief Anderson reported that the Police Department conducted a criminal and financial background investigation and found nothing that would disqualify Metro Taxi or its officers from receiving a Certificate. He added that the Village is currently served by three companies with a total of 40 cabs and 50 drivers. John-Temple of American Taxi stated that, in his opinion, another taxicab company is not needed and would water down the market too much. Trustees expressed concern that if there are too many cabs in the Village, none will be successful. After discussion, they decided to survey the biggest users of taxi service (hotels, One Deerfield Place, etc.) to see if service is adequate of if additional service would be beneficial. Trustee Swartz made a motion.to adjourn the Public Hearing. Trustee Heuberger seconded the motion. The motion passed unanimously. Staff will do a survey on the present service, and the Board will respond to the petitioner in 60 -90 days. TOWN MEETING RE TOLL AUTHORITY Resident Nancy Glazer reported that this Thursday from 7:00 -8:00 P.M. the television program "Chicago Tonight" will hold a town meeting on the topic of the Tollway Authority. She encouraged Board members and concerned residents to attend and to ask questions regarding proposed tollway changes affecting Deerfield. Mayor Forrest agreed to provide a statement for Mrs. Glazer to take to the show. RESOLUTION R -97 -11 REPORT AND RECOMMENDATION OF PLAN COMMISSION RE AMENDMENTS TO ZONING ORDINANCE RE CERTAIN PERMITTED AND SPECIAL USES IN THE C -1 VILLAGE CENTER DISTRICT shops, tea shops and bagel shops. REPORTS The Plan Commission has studied the Zoning Ordinance concerning certain Special Uses and Permitted Uses in the C -1 Village Center District. The Commission is recommending text amendments to the Zoning Ordinance regarding liquor stores; tobacco stores; beauty and cosmetics supply stores; and coffee Mrs. Houpt recommended a 90 -day moratorium on any proposed changes to give staff time to study the Plan Commission report. Trustee Seidman moved to adopt a Resolution establishing a 90 -day moratorium. Trustee Swartz seconded the motion. The motion passed unanimously. The Plan Commission recommendations will also be referred to the Village Center Development Commission for their comments. CONSENT AGENDA Trustee Rosenthal recommended that the Ordinance regarding Massage Establishments be removed from the Consent Agenda and discussed separately. ORDINANCE 0 -97 -29 RE SAFETY HELMET An Ordinance establishing safety helmet REGULATIONS regulations for bicyclists, skate boarders, and in -line skaters under the age of 16. Second Reading. Chief Anderson reported that the Police Department will be selling helmets for $6.50. Trustee Heuberger suggested that they also be sold at the weekly Farmers Market. ORDINANCE 0 -97 -30 RE STOP SIGNS AT An Ordinance approving a three -way stop at KENMORE AND ROSEWOOD AVENUES the intersection of Kenmore and Rosewood Avenues. Second Reading. ORDINANCE 0 -97 -31 INCREASING An Ordinance increasing the number of Class NUMBER OF CLASS E LIQUOR LICENSES E liquor licenses from eight to nine at the FROM EIGHT TO NINE request of the Silver Thread Restaurant. Second Reading. 1 Trustee Seidman moved for adoption of the Consent Agenda and passage of the Ordinances. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) ORDINANCE RE LICENSING OF MASSAGE An Ordinance establishing local licensing ESTABLISHMENTS requirements for massage establishments. Second Reading. Responding to concerns raised by massage therapists that testing for sexually transmitted diseases is both costly and inappropriately invasive, Chief Anderson sent a memo to the Village Manager on July 2 in which he recommended that the requirement to test for sexually transmitted diseases be deleted from the Ordinance. Massage therapist Amy Malloy read a statement in which she enumerated a number of concerns regarding the proposed Ordinance. Several other massage therapists also expressed their concerns regarding the Ordinance. They passed out literature regarding the benefits of massage therapy, the Code of Ethics under which massage therapists operate, and a model Ordinance recently passed in Wilmette which they feel is more progressive and more acceptable than the one before the Deerfield Board. They suggested the Wilmette Ordinance be studied and that the proposed Deerfield Ordinance be reviewed and revised before a vote is taken. Hazel Gitlitz spoke in support of massage therapists. Mrs. Gitlitz employs several massage therapists at Multiplex and she fears she may lose them if the Ordinance is passed in its current form. After lengthy discussion, Trustee Swartz made a motion to table the matter. Trustee Rosenthal seconded the motion. The motion passed unanimously. Mayor Forrest requested that the massage therapists send Chief Anderson materials regarding educational requirements, certification, and any other information they feel will be helpful in creating a more appropriate Ordinance. OLD BUSINESS APPEAL OF APPEARANCE REVIEW Michael Rizzo, owner of the building at 825 COMMISSION'S DECISION ON SIGNAGE, Waukegan Road, appeared before the Board to 825 WAUKEGAN ROAD, MICHAEL RIZZO appeal the decision of the Appearance Review Commission regarding the sign on the south wall of the building. The sign was placed lower than the location recommended by the ARC and approved by the Board. Mr. Rizzo explained that he thought he was putting the sign in the recommended location, and that moving it at this point would be a needless expense. Mr. Rizzo- apologized for putting the sign in the wrong spot, but he feels that the sign looks good where it is now. The ARC recommended location is too high. .Mayor Forrest commented that the purpose of the ARC is to study plans for desired improvements in the downtown district and make recommendations that will help bring cohesiveness. When a plan has been 3 recommended by the ARC and approved by the Board, that plan is to be followed. Trustee Rosenthal reminded Mr. Rizzo that because of the scope of the improvements made to the building, he was granted a large payment under the Facade Rebate Program. Trustee Seidman agreed with Mr. Rizzo that the sign looks better where it is than it would look in the approved location. After further discussion, Trustee Swartz made a motion to reaffirm the ruling of the Appearance Review Commission and require that the sign be moved to the designated location. Trustee Heuberger seconded the motion. The motion passed, with all voting for it except Trustee Seidman. APPROVAL OF SCHOOL DISTRICT 1091S School District 109 is requesting that some PARKING PLAN RE KIPLING SCHOOL of the landbanked area adjacent to the Kipling School parking lot be paved to provide additional parking spaces. Mary Oppenheim, Dr. Max McGee, and Don Goers were in attendance to present the school district's plan, which calls for a total of 98 spaces (92 regular, 4 handicapped, and 2 visitor), 14 more spaces than the current number. With 87 -92 employees and volunteers at the school every day who have to park, the school district feels the additional spots are needed. They also feel that the proposed plan will improve traffic flow and safety. The berm will not be disturbed, as all construction will be to the east of it. Additional landscaping will be planted between the berm and the parking area. No trees will be disturbed. Two light poles will added and one will be moved. The purpose of the additional lighting is to provide security for evening functions. The lights will point away from neighbors. Trustee Swartz suggested eliminating two of the four handicapped spots, since only two are federally required and since the parking is so close to the school. Eliminating two handicapped spaces would provide room for four regular parking spaces. Mrs. Oppenheim stated that their architect told them that two spots are required for each of the two buildings, but they will investigate and eliminate two handicapped spaces if they can. Trustee Seidman made a motion to approve the School District 109 parking plan. Trustee Rosenthal seconded the motion. Larry Schmidt, a Deerfield Road resident and Kipling School neighbor, distributed photos taken on the morning of the last day of school. The photos show many empty parking spots. Mr. Schmidt feels that additional spots are unnecessary and recommended that the parking plan not be approved. Another Kipling School neighbor, Charnell Conti, stated that she objects to the plan because it would surround her daughter's play area with parking. This is a special concern because her daughter has cystic fibrosis. Mrs. Conti agreed with Mr. Schmidt that there are many empty parking spaces at the school every day and that no more are.needed. She feels 4 1 that the parking problem is caused by the fact that everyone wants to use the up close spaces. Trustee Heuberger suggested that school district employees be instructed to use the remote spaces so that short term parkers can use the close up spots. Chief Anderson commented that in his opinion the additional parking spaces will assist with traffic flow and will be safer for the students. Consideration was given to tabling the matter so that staff could study the parking and traffic situation further, but since school.is out for the summer, it was decided that the delay would serve no purpose and would keep the school district from being able to complete the project before the opening of school in the fall. the motion passed unanimously. After further discussion a vote was taken, and NEW BUSINESS ANALYSIS AND AWARD OF BID FOR 1997 Mr. Soyka reported that bids were opened on MFT CONTRACTS June 24 for the 1997 MFT contract. He is recommending that the contract be awarded as follows: (1) Concrete Patching - Seven bids were received. Mr. Soyka is recommending that the low bid of $29.95 per square yard submitted by Schroeder & Schroeder be accepted. The budgeted amount was $95,000 for 3,121 square yards of concrete patching. In order to take advantage of the low unit price, Mr. Soyka recommends that additional work be added to the contract to bring the total cost up to $95,000. Trustee Seidman so moved. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) (2) Inlet Reconstruction - $32,000 was budgeted for the reconstruction of 33 inlets. The low bid was submitted by DNB Construction of Villa Park, Illinois, in the amount of $30,459. Mr. Soyka recommends that their bid be accepted. Trustee Seidman so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) (3) Thermoplastic Pavement Marking - $17,000 was budgeted for thermoplastic pavement marking in various Village locations. The low bid was submitted by Mark - It Striping of Hodgkins, Illinois, in the amount of $11,325.70. Mr. Soyka is recommending that their bid be accepted. Trustee Swartz so moved. Trustee Ehlers seconded the motion. The motion passed by the following vote: 5 AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) (4) Bituminous Patching Mixture - $40,000 was budgeted for 2,110 tons of bituminous patching mixture. The low bid was submitted by Curran Contracting of Crystal Lake, Illinois, in the amount of $21.15 /ton (adjusted price of $26.90). Mr. Soyka is recommending that the Curran bid of $21.75 /ton be accepted. Trustee Seidman so moved. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) AUTHORIZATION TO PURCHASE ALUMINUM The aluminum baffles on Clarifier #1 are BAFFLES FOR FINAL CLARIFIER #1, scheduled for replacement. $16,000 has been WASTEWATER RECLAMATION FACILITY budgeted. Lakeside Equipment is the sole supplier of these parts. Mr. Soyka is requesting authorization to purchase the aluminum baffles from Lakeside Equipment at a cost of $15,295. Installation will be done by Village personnel. Trustee Seidman made a motion to authorize the purchase of the aluminum baffles from Lakeside Equipment for a cost not to exceed $15,295.00. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) AUTHORIZATION TO PURCHASE COPIER The copy machine at the Annex is six years FOR ANNEX old, has made over 500,000 copies, and is becoming a maintenance problem. $9,500 was budgeted for an upgraded replacement. Annex staff tested three copiers,.and. recommend that the Cannon NP 6230 be purchased from Gordon Flesch Co., Inc. at a cost of $9,181 with trade in. Trustee Seidman made a motion to approve the purchase of the Cannon NP 6230 at a cost not to exceed $9,181 with trade in. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) DISCUSSION REPAIRS NEEDED ON LAKE COOK ROAD Trustee Seidman reported that there are some holes on Lake Cook Road west of Pfingsten that need patching. Mr. Soyka agreed to contact the highway department. Barbara Little added that Cook County has been notified about weeds in the Lake Cook Road area that need to be cleaned out. 6 1 KATES /WAUKEGAN UPDATE Mr. Soyka reported that preconstruction meetings are set up for July 9 and 10. Construction will probably begin next week. CHAUFFEUR'S LICENSE PAYMENTS Jeff Marinell, a limousine driver from Glenview, reported that the limo drivers at his company are required to pay for their own licenses. He feels the company should be required to pay this fee for their employees. Trustees explained that while they do require the $25 chauffeur's license, who pays for the license is between the company and the drivers, and is not within the Village's authority to regulate. At Mr. Marinell's request, Chief Anderson agreed to provide him with a copy of the Ordinance. ADJOURNMENT There being no further business to discuss, Trustee Swartz made a motion to adjourn the meeting. Trustee Seidman seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:02 P.M. ATTEST: jadm Village Clerk 1 APPROVED: Mayor 7