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05/03/2004May 3, 2004 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, May 3, 2004, 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 Junior girl scout troop 3357 from Holy Cross School, along with their leader Kathleen Burns, led those in attendance in reciting the Pledge of Allegiance. The girls each introduced herself, after which the troop discussed their current project, which is to educate school mates and family about waste management issues. 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. PROCLAMATION-SENIOR-CENTER WEEK Mayor Harris read a proclamation designating the week of May 9 -15 as Senior Center Week in Deerfield. He called upon all citizens to recognize the special contributions of senior center participants and the efforts of the staff and volunteers who work to enhance the well being of the older citizens of the community. Trustee Swanson moved to accept the proclamation. Trustee Rosenthal seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Rosenthal moved to approve the Bills and Payroll. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) PUBLIC COMMENT There was no public comment on non - agenda items. REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AN March 25` °. It is their recommendation that AMENDMENT TO THE ZONING ORDINANCE Lake Cook Plaza's request for an amendment to Board of Trustees meeting May 3, 2004 Page 2 of 7 AND AN AMENDMENT TO THE EXISTING a sign plan and a text amendment to the zoning SIGN PLAN TO PERMIT A DIRECTIONAL ordinance to allow the proposed directional GROUND SIGN, LAKE COOK PLAZA sign be approved. The motion passed 7 -0. Representing Lake Cook Plaza, Don Parker explained that the sign is not for advertising and will not be seen from the street. The purpose is twofold: (1) to identify to individuals that they are indeed at Lake Cook Plaza and (2) to identify and provide directional arrows to some of the businesses that cannot easily been seen when entering the center. During discussion, planner Jeff Ryckaert explained that before erecting the sign, the petitioner must appear before the Appearance Review Commission, which may approve the sign as requested or suggest modifications. If the petitioner doesn't agree with the ARC's recommendations, he may appeal to the Board of Trustees. Mr. Parker noted that the ARC meeting is scheduled for the end of the month. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN These two agenda items have been withdrawn at COMMISSION AND REPORT AND RECOM- the request of the petitioner, CRM Properties MENDATION OF VCDC RE REQUEST FOR Group. BLANKET SPECIAL USE, DEERFIELD SQUARE REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing COMMISSION AND REPORT AND'RECOM- on April 8th to consider a request by Anna MENDATION OF VCDC RE REQUEST FOR Pamula for improvements to Renu Day Spa AMENDMENT TO SPECIAL USE, RENU DAY located at 617 Central Avenue. The petitioner SPA, 617 CENTRAL AVENUE is proposing to convert existing attic space into usable space for the business and also to make a number of exterior improvements. It is the recommendation of the Plan Commission that the petitioner's' request for approval of an amendment to a special use and an amendment to Ordinance 0 -97 -09 to allow the proposed renovations to Renu Day Spa be approved. The motion passed 4 -0. The VCDC also met to consider the recommendation and voted 7 -0 in favor of the petitioner's request. Representing the petitioner, Rick Patinkin summarized the history of Renu Day Spa and the ,changes now being requested. He explained that the changes are not intended to increase the number of customers but rather to enhance their comfort and privacy. After discussion, Trustee Wylie made a motion to accept the report and recommendation of the Plan Commission and the report and recommendation of the VCDC and to direct preparation of an ordinance. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Board-of Trustees meeting May 3,.2004 Page 3 of 7 REPORT AND RECOMMENDATION OF PLAN COMMISSION RE APPROVAL OF 2004 ZONING MAP Each year the Village publishes a new zoning map reflecting the changes to the map which have been adopted over the year. This year there have been two rezonings: • 601 and 607 Deerfield Road - Rezoned from R -5 General Residence District to P -1 Public Lands District for the township facility and • 440 Lake Cook Road - Rezoned from I -2B Outlying Limited Industrial District to I -1 Office, Research and Restricted Industrial District for an existing building (DiPietro Plumbing and Keystone Mechanicals) to be converted from warehouse and manufacturing use to office use. It is the recommendation of the Plan Commission that the 2004 zoning map be published to reflect the two changes. Trustee Rosenthal so moved. Trustee Wylie seconded the motion. The motion passed unanimously. REPORT OF STAFF RE COMMUTER As part of the budget review process, staff PARKING FEES considered raising commuter parking fees at the Deerfield Road train station. Daily fees have been $1.00 since 1992. Staff recommends that they be increased to $1.50. Permit fees for residents are currently $100 for residents and $150 for non- residents for a six month period. Resident fees were last increased in 1988 and non - resident fees were last increased in 1995. Staff recommends increasing the resident fee to $150 and the non - resident fee to $215 for a six month period. It is recommended that the effective date should be July 18` to coincide with the next permit billing period. Daily parking fees at the Lake Cook station will remain at $1.00. Trustee Swanson made a motion to accept the recommendation of staff to increase the daily and permit fees as proposed and to direct preparation of an ordinance. Trustee Rosenthal seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE 0 -04 -23 APPROVING An ordinance approving an amendment to the AMENDMENT TO SIGN PLAN, 570 LAKE sign plan for Deerbrook Corporate Center, COOK ROAD, DEERBROOK CORPORATE 570 Lake Cook Road. Second Reading. CENTER Trustee Rosenthal moved for adoption of 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) ORDINANCE 0 -04 -24 APPROVING SIDE An ordinance approving a side yard variation YARD VARIATION, DELLORTO AND for Joseph Dellorto and Lisa Verderber, 1025 VERDERBER, 1025 FOREST Forest Avenue. First Reading. 1 1 Board of Trustees meeting May 3, 2004 Page 4 of 7 At the request of the petitioners, Trustee Rosenthal moved for a waiver of the rules to permit the ordinance to be approved on First Reading. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0), Trustee Rosenthal moved for adoption of the ordinance. 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 -04 -25 APPROVING REAR An ordinance approving a rear yard variation YARD VARIATION, MR. AND MRS. STEVE for Mr. and Mrs. Steve Kaplan, 40 Mulberry. KAPLAN, 40 MULBERRY First Reading. At the request of the petitioner, Trustee Benton moved for a waiver of the rules to permit the ordinance to be approved on First Reading. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Trustee Benton moved for adoption of the ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE AMENDING THE ZONING An ordinance amending the zoning ordinance ORDINANCE RE GROUND SIGNS IN THE to authorize certain ground signs in the I -1 OFFICE, RESEARCH AND RESTRICTED I -1 Office, Research and Restricted INDUSTRIAL DISTRICT Industrial District. First Reading. ORDINANCE AUTHORIZING A GROUND An ordinance authorizing a ground sign for SIGN FOR SMITH BARNEY AS AN Smith Barney as an amendment to the approved AMENDMENT TO THE APPROVED SIGN PLAN sign plan for 111 Pfingsten. First Reading. FOR 111 PFINGSTEN RESOLUTION R -04 -02 RE MFT A resolution appropriating and authorizing MAINTENANCE OF STREETS AND HIGHWAYS maintenance expenditures in the amount of $578,000 using Motor Fuel Tax funds. Maintenance is provided by the Public Works Department and contract work. Trustee Benton moved for acceptance of the remaining Consent Agenda items and adoption of the resolution. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Board of Trustees meeting May 3, 2004 Page 5 of 7 OLD BUSINESS DISCUSSION RE PRIMECO LANDLINE The litigation involves the 1% municipal CLASS ACTION LITIGATION, INFRA- infrastructure maintenance fee collected by STRUCTURE MAINTENANCE FEE the Village and many other municipalities in Illinois since 1998. It was held unconstitutional by the Illinois Supreme Court in 2001. This is the third of three class actions that are part of the litigation. It involves the class of landline telephone customers. The Village is included in the case as a member of a defendant class of municipalities. The Village has until May 12th to make a decision on whether to opt out of the defendant class or to remain in it. The named defendants in the case are the Village of Skokie and the City of Chicago. The cost for the Village to remain in, which is based on population, is about $4,600. Mr. Coblentz explained the ramifications of remaining in vs. opting out. The Northwest Municipal Conference is encouraging municipalities to remain in. The mayor, trustees, and staff spent several minutes discussing the matter, after which Trustee Wylie made a motion that the Village remain a defendant in the class action suit and pay its share of the cost of the suit. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO EXECUTE CONTRACT The Village is a member of the GIS Consortium, TO CONTINUE SUPPORT SERVICES FOR eight municipalities jointly implementing THE GEOGRAPHICAL INFORMATION GIS in their towns.' The consortium has an SYSTEM (GIS) WITH MUNICIPAL GIS arrangement with Municipal GIS Partners, Inc. PARTNERS, INC. (MGP) to provide staffing and consulting to implement the Geographical Information System in each town. The arrangement provides for a discounted fee structure and allocates MGP staff hours based on the level of service required for each community. The cost for the 2004 -05 fiscal year is $59,101. This amount has been authorized in the current budget. Diane Mikula briefly discussed some of the projects MGP has undertaken for the Village. It is her recommendation that the Board authorize execution of the new contract. Tom Thomey of MGP answered several questions from Board members, after which Trustee Wylie made a motion to execute the contract in an amount not to exceed $59,101. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO EXECUTE AGREEMENT Owen Ayres & Associates has contracted with WITH OWEN AYERS & ASSOCIATES, INC. the GIS consortium to provide professional FOR PROFESSIONAL SERVICES RELATING services relating to photogrammetric TO PHOTOGRAMMETRIC MAPPING AND mapping and aerial photography. This will AERIAL PHOTOGRAPHY enable consortium communities to acquire base mapping at discount rates. Each community is in the process of signing an individual agreement with Ayers & Associates based upon size and services provided. Only a portion of the Village (primarily the downtown at first) will be flown each year. The cost to Deerfield is $34,679, Board of Trustees meeting May 3, 2004 Page 6 of 7 which includes a one time expenditure of $16,100 for setting up targeting and control measures. This amount is within the 2004 -05 budgeted amount. Ms. Mikula recommends that the Board accept the contract w-ith Owens Ayers & Associates in an amount not to exceed $34,679. Mr. Thomey discussed the qualifications based selection process by which Owen Ayers & Associates was chosen. Along with Trustee Swanson and Barbara Little, he also discussed how photogrammetric mapping and aerial photography are superior to methods -used in the past. After further discussion, Trustee Wylie made a motion to authorize execution of the agreement with Owen Ayers & Associates, Inc. in an amount not to exceed'$34,679. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Swanson, Wylie (5) NAYS: Seiden (1) NEW BUSINESS AUTHORIZATION TO ACCEPT PROPOSAL A cracked cylinder head was recently found FOR EMERGENCY GENERATOR REPAIR AT on the generator at the East Side Lift EAST SIDE LIFT STATION Station, necessitating that both cylinder heads be replaced. Inland Detroit Diesel - Allison, Inc. proposes to complete the repair for $9,271.39 plus the rental cost of a standby generator at the site for two weeks for $2,400. They also recommend installing a sensor that would shut down the generator if overheated to prevent serious damage. The cost of the sensor is $480. Staff recommends acceptance of the Inland Detroit Diesel - Allison, Inc. proposal for generator repair, standby generator rental and sensor installation for a total amount of $12,151.39. Trustee Wylie moved to authorize Inland Detroit Diesel - Allison, Inc. to perform the repairs at the East Side Lift Station for a total amount not to exceed $12,151.39. 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 ACCEPT PROPOSAL Fire hydrants in the Village were last painted FOR FIRE HYDRANT PAINTING eight years ago and are in need of repainting. $20,000 has been budgeted for this work. Three proposals were received. Staff recommends acceptance of the proposal of Giant Wow, Inc. at $49.95 per hydrant. The proposal includes sandblasting, priming, and one coat of paint. For the $20,000 budgeted, 400 of the Village's 1,199 fire hydrants can be painted. Trustee Rosenthal made a motion to accept the proposal of Giant Wow, Inc. at $49.95 /hydrant up to the budgeted amount of $20,000. Trustee Benton seconded the motion. After discussion the motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) Board of Trustees meeting May 3, 2004 Page 7 of 7 AUTHORIZATION TO ACCEPT PROPOSAL Three secondary clarifiers at the wastewater FOR CLARIFIER REPAIR AT WASTEWATER reclamation facility are in need of repair. RECLAMATION FACILITY The clarifiers' skirting has numerous holes and splits in the seams. In order to avoid exceeding the National Pollutant Discharge Elimination System permit levels, skirting on all three secondary clarifiers must be replaced. Some supports and seals also need replacement. Lintech Engineering submitted a design /build proposal for the work in the amount of $132,535. J.J. Henderson would complete the installation. Staff recommends acceptance of the Lintech Engineering proposal in an amount not to exceed $132,535. Trustee Rosenthal moved to accept the proposal of Lintech Engineering in an amount not to exceed $132,535. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE IMPLEMENTING PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS ACT Reading. ORDINANCE AMENDING MUNICIPAL CODE RE PERMIT FEES AND CONSTRUCTION CHARGES that Deerfield is below the average recommends adoption of an ordinance them into a new article in Chapter First Reading. An ordinance adopting (1) gift ban provisions and (2) restrictions on certain political activities by governmental officers and employees. This will stand as a First Building permit fees and related construction charges were discussed with the Board as part of the 2004 -05 budget review process. A survey of neighboring municipalities disclosed fees charged by most communities. Staff increasing the various fees and consolidating 6 of the Municipal Code. This will stand as a nTgrTTgqTOM There were no items for discussion by either Board members or staff. ADOURNMENT There bein o furt er business to discuss, Tru e Wy ie ade motion to adjourn the meeting. Trustee Benton seconded th motion. The of f passed unanimously. The meeting was adjourned at 8:57 P.M. AP ATTEST: Vi lage Cler 1 1 1