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07/21/2003July 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, July 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 Matthew Wylie Absent: Vernon Swanson and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. MOMENT OF SILENCE Mayor Harris called for a moment of silence in memory of Deerfield resident Steve Nardini who passed away recently from ALS. PLEDGE OF ALLEGIANCE Ed Seidman led those in attendance in reciting the Pledge of Allegiance. He then briefly talked about this year's successful Family Days celebration. APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the previous meeting. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie moved to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the June Treasurer's Report. Sales tax received in June (for March sales) is a 15.5% increase over the same period last month and a 5.4% increase for the last twelve -month period versus the year before. As of June 30, 2003, 100% of available cash was invested at an average interest rate of 2.58% compared to an average rate of .84% for the 90 -day Treasury Bill. PROMOTION OF POLICE PERSONNEL Chief Sliozis announced the promotion of Officer Iain McCowan to Sergeant. Sergeant McCowan joined the Deerfield Police Department in 1984 as a community service officer. He also worked as a dispatcher in Deerfield before leaving the Village to work for the Mundelein Police Department. He returned to Deerfield as a police officer in 1992. Mr. Franz administered the Oath of Office. Board of Trustees Meeting July 21, 2003 Page 2 of 9 REPORT ON DEPARTMENTAL OBJECTIVES, PUBLIC WORKS AND ENGINEERING Barbara Little presented highlights from the Report on Departmental Objectives for Public Works and Engineering. These included: 4 The Deerfield Road rehabilitation project is in the study phase. The project is on track for a June 2004 letting. • The Central Avenue water main replacement project is in the pre -final engineering stage. Numerous physical, construction and environmental constraints have caused increased complexity to the project. Construction is scheduled for spring 2004. • The Mitchell Park reservoir and pumping station project is nearing completion. • The Hazel Avenue reservoir project is also substantially complete. • There were 40 water main breaks in the first six months of 2003. PUBLIC COMMENT day long seminar for individuals in seminar will be held in the Village sessions, including how to search t writing resumes and cover letters. (1) Oscar Adler announced that on August 2nd, the Chamber of Commerce will be sponsoring a job transition or looking for a job. The Hall board room and will have numerous ae internet for jobs, networking skills, and (2) Earl Stone, 531 Hermitage, inquired what the procedure is for enacting an ordinance prohibiting smoking in restaurants and other public places. Mr. Coblentz responded that the Village has the power to enact such an ordinance. The process usually begins with a workshop to determine if there is interest having the legislation. Mr. Stone volunteered to be on a taskforce for the non - smoking legislation should the Village decide to pursue it. (3) Jeanne Becker of 901 Sunset Court and T.C. Eck of 755 Chestnut commented on the excessive noise that filters into their neighborhood from the TRAX rooftop restaurant. Calls to the Police Department have brought little relief, even though ordinances are being violated. REPORT OF THE APPEARANCE REVIEW COMMISSION RE APPEAL FROM ON THE BORDER ON SIGNAGE DECISION proposal preferred by On the Border rejected by the Appearance Review C decision to the Board of Trustees. REPORTS The Appearance Review Commission discussed signage proposed by On The Border Restaurant at their meetings held on February 24th, April 28th, May 19th and June 23rd. The signage for their south elevation was unanimously Dmmission, and the petitioner is appealing the Pat Ryan, General Manager of On The Border and Terry Doyle from the sign company were in attendance, as was Pat Carroll of the ARC. .Mr. Doyle commented that the only remaining issue is whether On The Border can use the lime on their sign. The lime is part of the registered trademark for On The Border, and its use was approved by the Plan Commission. Mr. Carroll responded that the ARC tries to limit the amount of information on signs to the minimum necessary. They feel that further information makes the sign look cluttered and detracts from its appearance. They feel that allowing the proposed signage would set a precedent. dI Board of Trustees Meeting July 21, 2003 Page 3 of 9 made a motion to approve the Benton seconded the motion. therefore denied. After a brief discussion, Trustee Rosenthal report of the Appearance Review Commission. Trustee The motion passed unanimously. The appeal is CONSENT AGENDA ORDINANCE 0 -03 -30 GRANTING REAR YARD VARIATION, JOSEPH VYSKOCIL, 1508 HACKBERRY ROAD existing 26.75' rear yard, creating the minimum 24' as specified in the ORDINANCE 0 -03 -31 AUTHORIZING SPECIAL USE FOR KIDSNIPS HAIR SALON, DEERFIELD CENTRE RESOLUTION R -03 -11 AUTHORIZING BANK SIGNATORIES An ordinance allowing Joseph Vyskocil of 1508 Hackberry Road to construct a second attached garage stall, mud room and office space, extending his home eastward 13.75' into the a rear yard of approximately 13' in lieu of Zoning Ordinance. Second Reading. An ordinance authorizing a special use for KidSnips Hair Salon at Deerfield Centre. First Reading. A resolution authorizing and updating signatories with the Village's commercial bank, US Bank. Michael Tobin, representing Deerfield Centre, was in attendance to request a waiver of the rules to permit the ordinance regarding KidSnips to be passed on First Reading. He explained that the petitioner, who has already been delayed a month because a Plan Commission meeting had to be canceled due to lack of a quorum, is eager to get her business opened. Trustee Wylie moved for a waiver of the rules. Trustee Benton seconded the motion. Trustee Rosenthal commented that it has not been the custom to waive a second reading for commercial establishments, as it is important to have ample time for public comment. The motion to waive the rules passed by the following vote: AYES: Benton, Kayne, Seiden, Wylie (4) NAYS: Rosenthal (1) Trustee Rosenthal moved for passage of the Consent Agenda and adoption of the two ordinances and the resolution. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Tobin to consider adding a bike rack in the vicinity of the Starbucks. Mr. Tobin agreed to add one. Trustee Benton noted that in the Corporate Resolution there is a discrepancy between the name shown for the Assistant Finance Director in the text document. One or the of the document and the way in which she other should be changed. Also, Trustee has signed the Kayne asked Mr. Tobin to consider adding a bike rack in the vicinity of the Starbucks. Mr. Tobin agreed to add one. Ll 0 Board of Trustees Meeting July 21, 2003 Page 4 of 9 OLD BUSINESS ORDINANCE AMENDING THE ZONING Mayor Harris opened up the meeting to public ORDINANCE RE BULK REGULATIONS comment, and during the next hour nineteen individuals spoke. Of these, two had general comments, two were in favor of adopting the task force recommendations, and the remainder were against adopting them. Several people who were against adopting the recommendations made a group presentation encouraging the Board to consider implementing instead the "Community First" advisory program currently used in Naperville. David Marks, Chairman pro tem of the Plan Commission during the time of its recommendation on the tear down issue, commented that if the ordinance is passed, the issue of height in relation to determining floor area ratio needs to be clarified. He also suggested that the Community First workbook be made available to developers and to individuals who are considering additions to their homes. Barbara Struthers, a member of the Residential Redevelopment Review task force, commented that the task force did study the voluntary Community First program and found that it doesn't work very well. She added that many other north shore communities have rules that are more restrictive than Deerfield's will be if the task force recommendations are passed. When everyone in the audience who wished to comment had done so, Mayor Harris gave trustees the opportunity to respond. Trustee Rosenthal reiterated her position stated at the last meeting that bonus density should be awarded for certain architectural features such as interesting porches, side loading garages and landscaping, which would soften the appearance of the larger homes. If these considerations are added later, as part of the next phase of the study, it will mean that anyone who has built from the time of the initial ordinance until the next phase is passed will have been penalized. She therefore has concerns about passing the ordinance until the entire process has been completed. Trustee Benton responded that 100 teardowns are predicted for this year. While he shares some of Trustee Rosenthal's concerns, he feels that regulations need to be put in place without waiting for Phase 2. Trustee Benton added that it is untrue that the task force is opposed to teardowns, but there do need to be some controls over what can be done. Trustee Seiden commented that the Community First program was studied by the task force at length. In some cases it works, but it doesn't work in others, depending on the willingness of the developer to cooperate. Noting that the size of new homes in Deerfield is growing at a fast rate, with 12 of the 31 homes built so far in 1993 having a FAR of .5 or greater, he agreed with Trustee Benton that regulations need to be put in place now in order to protect the quality of life for neighbors of the redeveloped properties. He also agreed with Mrs. Struthers that Deerfield's proposed policy on this issue is the most liberal on the north shore. At the suggestion of Mayor Harris, Trustee Seiden listed the communities used for comparison by the task force and explained some of the ways in which those communities have policies that are more restrictive than Deerfield's proposed regulations would be. Board of Trustees Meeting July 21, 2003 Page 5 of 9 Trustee Kayne thanked those who made the presentation on the Community First program. He had not been aware of that program and will read the literature before the next meeting. stand as a First Reading. P.M. and reconvened at 9:47. There being no further discussion, this will Mayor Harris called for a brief recess at 9:40 NEW BUSINESS REQUEST FROM DBR CHAMBER OF Phil Stamm, General Manager of the Deerfield COMMERCE FOR FINANCIAL ASSISTANCE Hyatt, along with Steve Robinson and Victoria TO PROMOTE TOURISM Case, both of the DBR Chamber of Commerce, were in attendance to further discuss the financial assistance being requested from the Village to promote tourism in the area. The three options presented range from $111,100 (Deerfield's 79% share being $87,769, with Bannockburn and Riverwoods contributing the remainder) to ,$63,300 (with the Deerfield share being $50,000). The funds would be used for a number of projects including a shopping, dining and lodging guide, print and cable advertising, and an economic development package. Board members spent several minutes discussing the options. Mayor Harris stated that $50,000 strikes him as being the right amount for Deerfield to contribute, provided that Bannockburn and Riverwoods also agree to contribute their portions and provided that the funds are spent as shown in the outline. Trustee Seiden wondered if Village dollars should be spent for private use and how spending those dollars would benefit the Village. Trustee Rosenthal commented that $50,000 is a large amount compared to the contributions made by other communities listed on the comparison sheet presented by the Chamber. She would prefer to start at a smaller amount, such as $25,000, then perhaps increase the amount in the future if it can be shown that the funds are having a positive result. Trustee Wylie added that, for financial reasons, two Village employees have not been replaced, and an item that will be brought up for discussion later in the meeting is well.over budget. These things neeci.to-be considered when deciding whether or not to contribute to the tourism proposal. Trustee Kayne commented that the time to advertise is when times are bad. He will support the motion for $25,000 but would prefer a larger amount. Trustee Benton agreed with Trustee Rosenthal that if positive results are obtained from the $25,000, the amount can perhaps be increased in a subsequent budget year. Trustee Rosenthal made a motion to contribute $25,000 providing that Bannockburn and Riverwoods contribute their proportionate share as well. Trustee Wylie seconded the motion. After further discussion, including comments by Mr. Robinson and Ms. Case, the motion to provide $25,000 for the tourism initiatives passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden (4) NAYS: Wylie (1) 1 1 Board of Trustees Meeting July 21, 2003 Page 6 of 9 ANALYSIS AND AWARD OF BIDS FOR 2003 MFT CONTRACTS that the contracts be awarded as On July 2nd sealed bids were opened for the 2003 MFT contracts. It the recommendation of the Director of Public Works and Engineering follows: (1) For Concrete Patching - To low bidder D'Land Construction in the amount of $32.49 /square yard. Trustee Rosenthal so moved. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) (2) For Inlet Reconstruction - To low bidder Meridian Construction in the amount of $24,548 ($1,292 each). Trustee Benton so moved. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) (3) For Thermoplastic Pavement Marking - To low bidder Marking Specialists in the amount of $240,000 with contract quantities adjusted to stay within the budgeted amount. Trustee Wylie so moved. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) (4) For Asphalt Vulcanized Rubber Crack Sealant - To the sole bidder Sherwin Industries in the amount of $0.34 /pound, with quantities adjusted up to the budgeted amount of $9,030. Trustee Wylie so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) APPROVAL OF CHANGE ORDER #1 AND Due to a change in the original design of the FINAL FOR EXCESS FLOW IMPROVEMENT piping alignment in the Excess Flow PROJECT Improvement Project, which includes the removal and replacement of heavy duty underground electrical conduit, there is an increase of $8,967.64 in the net cost of the contract. Also, an increase of four days was needed to complete the project. Mrs. Little requests approval of Change Order Number 1 and Final in the amount of $8,967.64 and an increase of four calendar days for the project to a new completion date of May 19, 2003. (The project was completed on time.) Trustee Wylie so moved. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION TO PAY $72,000 TO It is necessary to acquire right -of -way from EXXONMOBIL FOR COMPENSATION ExxonMobil Corporation in order to construct RELATED TO WAUKEGAN /OSTERMAN/ intersection improvements at the corner of LONGFELLOW INTERSECTION IMPROVEMENT Waukegan Road and Osterman Avenue. The Board of Trustees Meeting July 21, 2003 Page 7 of 9 Village provided an independent appraisal and an offer in the amount of $65,400 to ExxonMobil. Their consultant determined that the Impact on Value is greater than the appraiser figured and calculated a total just compensation value of $77,000. In an attempt to avoid costly litigation and to settle the matter, ExxonMobil's consultant has made a counter offer to the Village of $72,000. Mrs. Little is requesting authorization to accept the counter offer proposed by Range West Consultants and pay $72,000 to ExxonMobil for compensation related to the Waukegan /Osterman /Longfellow intersection improvements. After discussion, Trustee Benton made a motion to authorize acceptance of the counter offer of $72,000. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTORIZATION FOR VILLAGE TO ENTER The ExxonMobil retail station at 650 Waukegan INTO HIGHWAY AUTHORITY AGREEMENT Road has been the site of several leaking WITH EXXONMOBIL RE WAUKEGAN/ underground storage tank incidents. The OSTERMAN /LONGFELLOW INTERSECTION location is near the southern edge of the IMPROVEMENT site property, potentially extending into the right -of -way of Osterman Avenue. IEPA regulations allow a commercial property with contamination exceeding Tier 1 residential cleanup objectives to receive a No Further Remediation letter if public exposure to the contamination is limited or protected. ExxonMobil has requested that the Village enter into a Highway Authority Agreement. The Agreement benefits both parties in that it clarifies that the contamination is the responsibility of the owner /operator of the site as well as the manner in which contaminated groundwater or soil will be removed from the sub - surface if encountered. The property owner (ExxonMobil) asks the highway authority (the Village) to agree to maintain the road pavement as an engineered barrier, thereby preventing casual human contact to contaminated soil or groundwater lying beneath the right -of -way. Once the Agreement is executed, it will be utilized as an institutional control in order to obtain a No Further Remediation letter. The Village Attorney has reviewed the document and has made revisions, which were agreed to by the consultant and recommended to ExxonMobil. Mrs. Little requests authorization. for the.Village to enter into the Highway Authority Agreement with ExxonMobil for the Waukegan /Osterman /Longfellow intersection improvement. After questions from trustees and clarification of the issue by the Village Attorney, Trustee Rosenthal made a motion to authorize the Village to enter into the Highway Authority Agreement with ExxonMobil. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION FOR VILLAGE TO ENTER INTO TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH EXXONMOBIL RE WAUKEGAN /OSTERMAN /LONGFELLOW IMPROVEMENT various forms of damages and poten Temporary construction easements will be used on the ExxonMobil property during the Waukegan /Osterman /Longfellow intersection improvement. ExxonMobil uses a temporary construction easement agreement which is designed to protect the company against :ial liability, though not intended to hinder Board of Trustees Meeting July 21, 2003 Page 8 of 9 the grantee (the Village) in its use of the easement area. The Village Attorney recommended several changes to the standard language, which were forward to the ExxonMobil consultant, who has recommended approval of the modified document. Mrs. Little requests authorization for the Village to enter into the temporary construction easement agreement with ExxonMobil for the Waukegan /Osterman/ Longfellow intersection improvement. Trustee Wylie so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR The cover on the #2 digester at the Waste - DIGESTER COVER REPLACEMENT AT THE water Reclamation Facility is in poor WASTEWATER TREATMENT FACILTY condition and is leaking due to exterior corrosion. Three quotes were received for digester cover replacement. The low bidder is J.J. Henderson & Son at a cost of $267,700. The piping inside the digester may also need to be replaced, although this cannot be determined until the basin has been opened and cleaned. The estimated cost to replace the digester piping is $80,000. Mrs. Little recommends that that the digester cover be replaced with a new cover. She also asks for authorization to install new digester piping if it is warranted. In this fiscal year there is $220,000 budgeted for digester cover replacement. Additional funds needed to finance the project would be diverted from Capital Improvement Project 11. Mrs. Little recommends awarding the contract for digester cover replacement and piping replacement to J.J. Henderson & Son,for an amount not to exceed $347,700. Trustee Benton so moved. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) TRUSTEE IN THE TOWN until noon at the Farmer's Market. attendance. DISCUSSION Trustee Seiden reported that Trustee in the Town will take place this Saturday from 9:00 Trustees Benton and Seiden will be in e a COMMENTS RE TEAR DOWN REPORT Allen Elstein of 222 Fairview commented that he has been watching with interest the meetings regarding the tear down issue. He shared his impressions of those meetings and wondered if there is a way to resolve this issue so that all sides would feel they had won. Board members spent several minutes discussing the issue with Mr. Elstein. Mr. Elstein then commented that he would like to have heard more about the finance package that was on the last agenda, but the discussion was cut short and the power point presentation was deleted due to the lateness of the hour. He is concerned how trustees could have voted on the issue Board of Trustees Meeting July 21, 2003 Page 9 of 9 with so little information. He would also like to obtain a copy of the presentation to study. Trustees briefly discussed putting the finance package presentation on the next agenda. It was decided that Mr. Elstein will instead be given a copy of the report and will report back to staff if he has questions about it. TRAX COMMENTS Trustee Wylie commented that the letter read by Mrs. Eck earlier in the meeting has prompted him to mention that the west side of the TRAX building looks terrible. He can't believe that the outside storage, uniform lockers etc. are code compliant. Staff will look into the matter. Trustee Benton commented that at a Plan Commission meeting it had been suggested that a glass wall around the top floor of the restaurant would protect patrons from the wind. He noted that this would also cut down on the noise that Mrs. Eck is concerned about. COMCAST Mr. Franz reported that Comcast has asked him to announce that their facility in Waukegan sustained severe storm damage and is temporarily closed. Customers may experience some delays in service. ADJOURNMENT There be' further business to discuss, Truste ton ade a motion to adjourn the meeting. Trustee Wylie seconded the mo he m tion passed unanimously. The meeting was adjourned at 10:55 P.M. ARRO ED: n ATTEST: Vil age Clerk yor 1