04/21/2003April 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, April 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
Vernon Swanson
Matthew Wylie
and that a quorum was present and in attendance. Also present were Village
Attorney Peter Coblentz and Village Manager Robert Franz.
PLEDGE OF ALLEGIANCE Richard Strauss, sixteen year member of the
Manpower Commission, nine of them as its
chairperson, led those in attendance in reciting the Pledge of Allegiance. Mayor
Harris then presented a plaque to Mr. Strauss, who is moving from Deerfield. Mr.
Strauss spoke briefly about his tenure on the Manpower Commission.
YELLOW RIBBONS Mayor Harris thanked Barbara Reich and members
of the American Legion, several of whom were
in attendance, for decorating the Village Center with yellow ribbons in support of
the servicemen and women who are serving in Iraq.
APPROVAL OF MINUTES Trustee Benton and Trustee Kayne each made a
minor correction to the minutes of the
previous meeting. Trustee Rosenthal made a motion to approve the minutes as
amended. Trustee Benton seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Benton made a motion to approve the
Bills and Payroll. Trustee Kayne seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
TREASURER'S REPORT Bob Fialkowski presented highlights from the
March Treasurer's Report. Sales Tax received
in March (for December sales) is a 10.9% increase over the same period last year,
and the running 12 -month total sales tax is 3.5% over the prior year. The
hotel /motel tax revenue is at 81% of total budget. As of March 31, 2003, 100% of
available cash was invested at an average interest rate of 3.24 %, compared to an
average rate of 1.17% for the 90 -day Treasury Bill.
BOARDS AND COMMISSIONS
Diambri as chairperson of
Crystal as chairperson of
chairperson of the Safety
Mayor Harris announced three new chairpersons
for Village commissions as follows: Paul
the Cable and Telecommunications Commission, Jules
the Manpower Commission, and Alan Bromberg as
Council.
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April 21, 2003
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Trustee Rosenthal made a motion to approve the
appointments. Trustee Seiden seconded the motion. The motion passed unanimously.
PUBLIC COMMENT (1) Phil Stamm, General Manager of the Hyatt
Hotel, speaking on behalf of the Deerfield/
Bannockburn /Riverwoods Chamber of Commerce, asked the Board to consider financial
participation in a series of hospitality and tourism initiatives. The total cost
of the initiatives is $271,100, and the Chamber will be seeking contributions from
Bannockburn and Riverwoods as well. Mr. Stamm distributed copies of an Executive
Summary, which outlines the proposed initiatives and gives the cost of each.
Mayor Harris suggested that the proposal be
made an agenda item for a Committee of the Whole meeting.
(2) Brett Rappaport updated the Board on the
Save the Barn project. Of the $30,500 needed, $5,338 has been made in individual
contributions, the Caruso student council has pledged $1,000, Walgreens has given
them a grant of $5,000, and the Village has agreed to match up to $15,000 in
donations. The Save the Barn committee is scheduled to appear before the Plan
Commission on May 8th. The group hopes to be able to have a grand opening in
September in conjunction with the Caruso Middle School open house.
CENTENNIAL VIDEO As part of the Village's centennial
activities, staff is working with Jack
Schmerer of RMS Productions in creating a power point presentation highlighting
Deerfield history. Emphasizing that it is still a work in progress, Mr. Schmerer
showed the six minute piece.
PUBLIC HEARING ON THE 2003 -2004 ANNUAL BUDGET
Trustee Benton made a motion to open the
public hearing on the 2003 -2004 annual budget. Trustee Rosenthal seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Mr. Franz reported that public meetings were
held on January 6t ", February 3rd, March 18th and March 24th to discuss the proposed
budget.
Mr. Fialkowski reported that the 2003 -2004
proposed budget is $47,262,749, which is a 6.5% increase from 2002 -2003. Using a
series of charts he presented some highlights of the new budget. Among them were
that:
• The property tax levy will be unchanged.
• The Village portion of a homeowner's property tax bill will be 5 %.
• There will be a 4% increase in the water and sewer rates.
• No additional personnel is being requested.
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There being no questions from the Board nor
any from the public, Trustee Rosenthal made a motion to close the public hearing.
Trustee Benton seconded the motion. The motion passed unanimously.
Trustee Swanson moved for a waiver of the
rules to permit the ordinance approving the annual budget and the ordinance
amending the wage and salary plan to be passed on First Reading. Trustee Wylie
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -03 -17 APPROVING ANNUAL Trustee Rosenthal made a motion to approve
BUDGET FOR 2003 -2004 the 2003 -2004 annual budget in the amount of
$47,262,749. Trustee Kayne seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -03 -18 APPROVING WAGE An ordinance amending the Wage and Salary
AND SALARY PLAN Plan. The salary increase this year will be
3.5 %.
Trustee Seiden made a motion to adopt the
ordinance. Trustee Wylie seconded the motion. The motion passed by the following
vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
REPORTS
REPORT AND RECOMMENDATION OF PLAN Trustee Wylie made a motion to remove the
COMMISSION RE REQUEST FOR APPROVAL matter from the table. Trustee Benton seconded
OF CHANGES TO FINAL DEVELOPMENT the motion. The motion passed unanimously.
PLAN, DEERBROOK SHOPPING CENTER
(TABLED 3/17/03)_ Patricia Mahoney of Mid - America Management and
architect Ralph DeLucca were in attendance.
Ms. Mahoney reported that they have contacted the six tenants who are to have new
storefronts. Five of the tenants have signed the letter requested by the Board.
All of these tenants should have their storefronts completed by the end of June or
July. The other tenant, Andrew Wagner of Kuhn's Deli, did not sign the letter
pending review by his attorney. Mr. DeLucca added that Mr. Wagner seemed to
incorrectly think that a variance would be required, and that the process of
getting a permit would take several months. There also seems to be a
misunderstanding regarding the Kuhn's Deli signage. Trustee Kayne asked that the
petitioners talk to Mr. Wagner again right away and try to come to an
understanding with him on these matters.
Resident Lou Dauria commented that Mr. Wagner
is also concerned about the timing of the construction and the effect of the
construction on his business. Mr. DeLucca responded that window replacement will
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Board of Trustees Meeting
April 21, 2003
Page 4 of 8
be done on a business by business basis and shouldn't take more than a day or so
to complete.
Trustee Benton made a motion to accept the
report and recommendation of the Plan Commission approving changes to the final
development plan for Deerbrook Mall. Trustee Wylie seconded the motion. The
motion passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: Kayne (1)
CONSENT AGENDA
Mayor Harris asked if trustees would like to
have any items removed from the Consent Agenda. Trustee Kayne asked that the
ordinance regarding Baja Fresh Restaurant be considered separately.
The remaining items on the Consent Agenda are:
ORDINANCE 0 -03 -19 APPROVING FINAL An ordinance approving a final plat of
PLAT OF SUBDIVISION FOR 1247 subdivision for 1247 Deerfield Road (Deep
DEERFIELD ROAD, DEEP DENS Dene). Second Reading.
ORDINANCE 0 -03 -20 REZONING FROM An ordinance rezoning 440 Lake Cook Road from
I -2B OUTLYING LIMITED INDUSTRIAL I -2B Outlying Limited Industrial District to
DISTRICT TO I -1 OFFICE RESEARCH I -1 Office Research and Industrial District
AND INDUSTRIAL DISTRICT AND and approving an amendment to the Industraplex
APPROVING AN AMENDMENT TO THE PUD. Second Reading.
INDUSTRAPLEX PUD, 440 LAKE COOK RD
ORDINANCE AUTHORIZING A SPECIAL USE An ordinance authorizing a special use to
TO ESTABLISH A PRESCHOOL AT THE establish a preschool at the True Way
TRUE WAY PRESBYTERIAN CHURCH, 445 Presbyterian Church, 445 Pine Street - Jewish
PINE STREET - JEWISH COMMUNITY Community Center of Chicago. First Reading.
CENTER OF CHICAGO (JCC)
ORDINANCE RE PARKING RESTRICTIONS
ON CHAPEL COURT
An ordinance establishing parking restrictions
on Chapel Court on weekdays for two hours
during the lunch hours.. First Reading.
Trustee Rosenthal made a motion for passage of
the Consent Agenda and adoption of the two ordinances. Trustee Swanson seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -03 -21 AUTHORIZING A An ordinance authorizing a special use to
SPECIAL USE TO ALLOW A RESTAURANT allow a restaurant in the Deerbrook Mall north
IN THE DEERBROOK MALL NORTH outlot building. Baja Fresh Restaurant.
OUTLOT BUILDING, BAJA FRESH Second Reading.
RESTAURANT
Trustee Rosenthal made a motion to adopt the
ordinance. Trustee Wylie seconded the motion.
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Board of Trustees Meeting
April 21, 2003
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Trustee Kayne commented that he is not in
favor of having restaurants in outlot buildings. They block existing tenants and
cause traffic problems.
The motion passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: Kayne (1)
OLD BUSINESS
ORDINANCE ESTABLISHING PARKING This agenda item is being held over.
RESTRICTIONS ON KENTON ROAD FROM
DEERFIELD ROAD TO KINGSTON
TERRACE, SECOND READING (HELD
OVER FROM 4/7/03)
REQUEST FOR FUNDING UNDER THE This agenda item is being held over at the
FAQADE REBATE PROGRAM, 810 -816 request of the petitioner. Trustee Rosenthal
WAUKEGAN ROAD (TABLED 4/7/03) encouraged the petitioner to move forward
with the project as quickly as possible.
ORDINANCE ADOPTING NEW STORMWATER This ordinance adopts new site grading and
DRAINAGE REGULATIONS drainage regulations using recommendations
made by the Residential Redevelopment Review
Task Force. The ordinance provides relief from certain requirements in instances
where the improvement is relatively minor, such as when an expansion of a driveway
or sidewalk is less than 100 square feet.
Trustees spent several minutes discussing the
proposed ordinance. Trustee Wylie made several suggestions, among them that the
100 square feet exemption is probably not enough. He suggested a sliding scale,
based on the size of the property.
Derek Ragona agreed with Trustee Wylie that
the 100 square feet exemption is not enough. He also commented.that sheds and
patios should be added to the items that are considered impervious surfaces, and
he had some concerns regarding the downspouts portion of the ordinance.
This will stand as a First Reading.
NEW BUSINESS
AUTHORIZATION FOR MAYOR TO SIGN
AGREEMENT RENEWING INTERGOVERN-
MENTAL AGREEMENT WITH UNION
DRAINAGE DISTRICT NO. 1 RE
MAINTENANCE OF BANNOCKBURN
RESERVOIR
needs to be extended. The extension
changes in the terms and conditions
Since it began operating in 1993, the Village
public works department has maintained and
operated the pumping facilities.at the
Bannockburn Reservoir. The Village is
reimbursed for this work through an inter-
governmental agreement with Union Drainage
District No. 1. The agreement is expiring and
is for a period of five years. There are no
of the contract.
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Board of Trustees Meeting
April 21, 2003
Page 6 of 8
Trustee Rosenthal made a motion to authorize
Mayor Harris to sign the agreement. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ORDINANCE 0 -03 -22 INCREASING WATER An ordinance increasing the water rate from
AND SEWER RATES, FIRST READING $2.85 to $2.96 per 100 cubic feet and
increasing the sewer rate from $1.84 to $1.90.
It also increases the reconnection fee from $2.00, which has been in place since
1963, to $25 during regular business hours and to $50 on evenings and weekends.
Mr. Fialkowski explained that the reconnect fee is not meant as a way of
increasing revenue but rather as a deterrent, and that shutting off water is a
final resort. He added that individuals are notified several times before their
water is shut off, and payment plans can be arranged for those having financial
difficulties.
Trustee Wylie moved for a waiver of the rules
to permit the ordinance to be passed at First Reading. Trustee Kayne seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: -None ( 0 )
Trustee Benton made a motion to adopt the
ordinance. Trustee Kayne seconded the motion. The motion passed by the following
vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ANALYSIS AND AWARD OF BID FOR One bid was received for construction of a
STORAGE YARD IMPROVEMENTS metal storage building within the confines of
the public works storage yard. The contract
includes concrete foundation, labor, and materials for erection of the 70' x 110'
building. It does not include aggregate base or flooring within the building.
Mrs. Little recommends awarding the contract to Vanderwerff Construction Company
in an amount not to exceed $139,199.
After discussion, Trustee Rosenthal moved to
award the contract to Vanderwerff Construction in an amount not to exceed
$139,199. Trustee Swanson seconded the motion. The motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None ( 0 )
AUTHORIZATION FOR CONTRACT
The firm Foth
and Van Dyke,
which
currently
ADDENDUM TO PROVIDE GROUNDWATER
provides semi
annual ground
water
sampling
SAMPLING SERVICES AT RESERVOIR 21A
services for the
reservoir 29A,
Village at
has offered
flood
to extend
control
their
contract for the 2003 calendar year
at this year's
price of $18,000.
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Board of Trustees Meeting
April 21, 2003
Page 7 of 8
After discussion, Trustee Rosenthal made a
motion to authorize the addendum to the Foth and Van Dyke contract in an amount
not to exceed $18,000. Trustee Benton seconded the motion. The motion passed by
the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ANALYSIS AND AWARD OF BID FOR 2003 One bid was received for maintenance of
STREETSCAPE TREE MAINTENANCE of the Village's 182 streetscape trees. Mrs.
Little recommends awarding the contract to
Nels J. Johnson Tree Experts, Inc. in an amount not to exceed $9,683.
Trustee Rosenthal made a motion to award the
contract to Nels J. Johnson Tree experts in an amount not to exceed $9,683.
Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO AWARD CONTRACT
TO REPLACE AUTOMATIC TRANSFER
SWITCH AT WRF
WRF plant generator and then back
restored. The current switch was
for the equipment and installation
low bidder Deerfield Electric in a
The Wastewater Reclamation Facility is in need
of a replacement automatic control switch.
The switch is used to transfer the electrical
load from a failed electrical utility to the
to the utility when the utility's power is
installed in 1975. Four proposals were received
. Mrs. Little recommends awarding the bid to
n amount not to exceed $41,873.
Trustee Benton made a motion to award the bid
to Deerfield Electric in an amount not to exceed $41,873. Trustee Kayne seconded
the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ANAYLSIS AND AWARD OF BID FOR 2003 Five bids were received for the 2003 sidewalk
SIDWALK /CURB REPLACEMENT PROGRAM and curb replacement program. The lowest bid
was from Suburban Concrete of Hawthorne Woods,
Illinois. This firm has not previously worked for the Village and, after speaking
with representatives of communities where Suburban Concrete has worked, staff has
concerns about their methods and workmanship. They are therefore recommending
that the bid be awarded to the second lowest bidder, Schroeder & Schroeder, at the
unit price of $2.95 per square foot of sidewalk and $11.00 per lineal foot of
curb. Schroeder & Schroeder has worked successfully with the Village on a number
of projects, including the 2001 and 2002 sidewalk /curb replacement programs.
Trustee Rosenthal made a motion to award the
contract to Schroeder & Schroeder for the unit price of $2.95 per square foot of
sidewalk and $11.00 per linear foot of curb. Trustee Wylie seconded the motion.
John Leverick, owner of Suburban Concrete, was
in attendance. He stated that he has talked with the references he gave the
Village and all said the work done by his company was satisfactory. He feels that
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Board of Trustees Meeting
April 21, 2003
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since his prices for both sidewalk and curb were lower, his company should have
been awarded the bid.
Mrs. Little reiterated that after speaking
with Mr. Leverick's references and with several other communities not on his
reference list, staff concluded that they would prefer to use Schroeder &
Schroeder.
Mr. Coblentz commented that the Board has an
obligation to award the bid to the lowest responsible bidder. If it is their
opinion that the lowest bidder is not responsible, it should be included in the
motion that they desire to waive the bidding process and award the bid to the
second lowest bidder.
After discussion, Trustee Wylie made a motion
to waive the competitive bidding process for this agenda item. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustee Wylie made a motion to award the bid
to Schroeder & Schroeder in the unit prices previously stated in Trustee
Rosenthal's motion. Trustee Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
ADJOURNMENT There being no other items by the Board, and
no items b e Village Manager, Trustee Wylie
made a motion to adjourn the meeting. Trust e Kayn seconded the motion. The
motion passed unanimously. The meeti as adj y�rne at 9:28 P.M.
APPROVED:
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ATTEST:
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Village Clerk C5