08/16/2004August 16, 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, August 16, 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 Gordon McKavanaugh, this year's recipient of
the Jeffrey Werner Outstanding Youth Award,
led those in attendance in reciting the Pledge.of Allegiance. Gordon, a recent
graduate of Deerfield High School will attend Illinois State University in the
fall.
APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the
minutes of the August 2, 2004, Board of
Trustees meeting and the August 2, 2004, Committee of the Whole meeting. Trustee
Benton seconded the motion. Trustee Rosenthal commented that she would like for
the Committee of the Whole meeting minutes to reflect that the Board thanked
Marvin Ehlers for his participation as a representative of the Comprehensive Plan
steering committee. A motion to approve the Board of Trustees meeting minutes and
the Committee of the Whole meeting as amended passed, with all trustees voting in
favor except Trustee Swanson, who abstained.
BILLS AND PAYROLL Trustee Wylie 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 Ellasion Phillips presented highlights from
July Treasurer's Report. Sales tax received
in July (for April sales) is a 10.4% increase over the same period last year. The
State income tax is running ahead of budget, and the hotel tax receipts are the
largest since January 2003. As of July 31, 2004, 100% of available cash was
invested at an estimated average interest rate of 2.95% compared to an average
rate of 1.32% for the 90 -day Treasury Bill. Ms. Phillips noted that the Finance
Department is moving along well with the implementation of the Munis software.
The only areas not yet implemented are permits and codes, work orders, and
reports. In the fall the Village will be receiving an upgrade of the Munis system.
Board of Trustees Meeting
August 16, 2004
Page 2 of 8
REPORT ON DEPARTMENTAL OBJECTIVES, John Sliozis presented highlights from the
POLICE DEPARTMENT Report on Departmental Objectives for the
Police Department. Chief Sliozis reported
that, overall, index crimes were down. Burglary and thefts were down. Vandalism
and accidents showed a minor increase. The accreditation of the department is
moving forward, with an on site visit scheduled for November and accreditation
expected to be accomplished in the spring. The new Computer Aided Dispatch (CAD)
system is 90% complete, with final completion expected in the fall. The high
speed phone notification system continues to be fine tuned, especially in the area
of elder notification.
PUBLIC COMMENT Lynne Jordon, 1001 Deerfield Road, expressed
buy Village
for years.
Sliozis to
her concern that some Village residents do not
stickers for their cars and are able to get away with it, sometimes
Mayor Harris suggested to Ms. Jordon that she get together with Chief
discuss the specifics of the matter.
REPORTS
At the request of one of the petitioners, Mayor Harris reversed the order of
the two reports.
REPORT AND RECOMMENDATION OF PLAN
COMMISSION RE REQUEST FOR SPECIAL
USE IN THE I -2B, OUTLYING LIMITED
INDUSTRIAL DISTRICT TO PERMIT THE
ESTABLISHMENT OF A SELF IMPROVEMENT
FACILITY AT 151 S. PFINGSTEN ROAD,
BIZAR ENTERTAINMENT
The Plan Commission held a public hearing on
July 22nd. It is their recommendation that
Bizar Entertainment's request for a special
use to permit the operation of the proposed
self improvement facility in Unit S at 151 S.
Pfingsten Road in the Deerbrook Commerce
Center be approved. The motion passed 4 -1.
Jeffrey Bizar explained that his company moved
to Deerfield a month ago. He is requesting the special use in order to hold small
birthday parties at his facility for children approximately age 9-12. He is also
requesting permission to offer classes in fitness and Tae - Kwon -do.
After discussion 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 The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR APPROVAL July 22 "d. It is their recommendation that
OF A RESUBDIVISION OF THE PROPERTY the petitioner's request for approval of a
AT 1303 SOMERSET AND THE PROPERTY preliminary plat of subdivision to allow a
TO THE SOUTH OF 1301 SOMERSET resubdivision of the property at 1303 Somerset
and the property to the south of 1301 Somerset
Avenue be approved. The motion passed 4 -1. It is also the recommendation of the
Plan Commission that the developer not be .required to install sidewalks in the
Village right -of -way as required by the subdivision code. On a motion to approve
the sidewalks, the vote was two (2) in favor and three (3) against. The motion
therefore failed.
Board of Trustees Meeting
August 16, 2004
Page 3 of 8
Petitioner Nick Philippas explained that he
has purchased two lots at Somerset and Prairie. He plans to combine the lots into
three buildable lots of 9000 square feet each and to build a 3600 square foot
house on each lot. One lot would front on Somerset, while the other two would
front on Prairie. No variations are being requested. Regarding the subdivision
code sidewalk requirement, Mr. Philippas indicated that his company will install
sidewalks if the Village so requires, but none of.the houses on either Somerset or
Prairie have sidewalks, so it would not be aesthetically pleasing.
Trustees decided to consider the resubdivision
request and the sidewalk issue separately.
Trustee Rosenthal.made a motion to accept the
report and recommendation of the Plan Commission regarding the resubdivision of
the property. Trustee Swanson seconded the motion. The motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Trustees and the developer spent several
minutes discussing the sidewalk requirement. Mr. Phillipas again stated that he
is willing to put in the sidewalks, but the neighbors don't want them, and they
would not look good since the neighboring properties don't have them. Mr.
Phillipas added that he doesn't want to have to put money into an escrow account
for future sidewalks, as the money might be tied up for many years. He and his
partners would, however, each be willing to provide a personal guarantee that,
should it be decided at some future time to put in sidewalks, they (the
developers) will pay to have it done. Trustees discussed possible ways in which
the sidewalks could be paid for if it is later decided to have them, but the
developers are no longer in business or are unable to pay.
T
Plan Commission's recommendation that
sidewalks in the Village right -of -way
sign a document giving their personal
decided at a later date to add them.
motion passed by the following vote:
rustee Rosenthal made a motion to accept the
the petitioners not be required to install
at this time, but they will be required to
guarantee to pay for the sidewalks if it is
Trustee Swanson seconded the motion. The
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0 -04 -42 AUTHORIZING
TRAFFIC ENFORCEMENT'AGREEMENT WITH
DEERFIELD HIGH SCHOOL AND ORDINANCE
0 -04 -43 AUTHORIZING PARKING
ENFORCEMENT AGREEMENT WITH
DEERFIELD HIGH SCHOOL
The two ordinances reflect changes made in the
configuration of the roadway due to the
expansion of the high school. They allow for
enforcement of fire lane and handicap parking
violations, as well as traffic enforcement for
speed and stop sign violations on high school
property. Second Readings.
1
1
r�
Board of Trustees Meeting
August 16, 2004
Page 4 of 8
ORDINANCE 0 -04 -44 APPROVING SIDE An ordinance approving a side yard variation
YARD VARIATION, SHENA AUSTIN, 1036 to Shena Austin, 1036 Fair Oaks. The variation
FAIR OAKS would allow the extension of the east line of
the existing house an additional 20' parallel
to and within 5' of the east property line, thereby reducing the side yard setback
by 3'. First Reading.
Trustee Seiden moved for approval of the
Consent Agenda and adoption of the two ordinances. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
The 1036 Fair Oaks petitioner reported that
there had been a request for a waiver of the rules included in their materials.
Mr. Franz responded that he had not received the request. Mr. Coblentz commented
that the Board could still waive the rules and vote on the ordinance if they so
desire.
Trustee Rosenthal moved for the waiver of the
rules. Trustee Swanson 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)
OLD BUSINESS
ANALYSIS AND AWARD OF BID (REBID) On July 7th two bids were opened for the 2004
FOR 2004 MFT INLET RECONSTRUCTION Inlet Reconstruction project. Both bids
were substantially higher than anticipated,
and they were rejected at the July 19th Board meeting. The project was
subsequently rebid. Three bids for the project were opened on August 12th. The
unit prices are still considerably higher than last year's prices. Mrs. Little
recommends deferring the work until 2005 when more favorable prices may be
obtained. Inlets that need work before that time can be handled as part of other
projects or by Village personnel.
ORDINANCE APPROVING FRONT YARD
An ordinance approving a front yard variation
VARIATION, MR. AND MRS. ROBERT
to Mr. and Mrs.
Robert Rosin for their
ROSIN, 550 BRIERHILL ROAD
property at 550
Brierhill Road. The variation
will allow the
petitioners to build a single
family residence with a front yard
setback of 140'
in lieu of the established
front yard setback of 1751. First
Reading.
ORDINANCE 0 -04 -44 APPROVING SIDE An ordinance approving a side yard variation
YARD VARIATION, SHENA AUSTIN, 1036 to Shena Austin, 1036 Fair Oaks. The variation
FAIR OAKS would allow the extension of the east line of
the existing house an additional 20' parallel
to and within 5' of the east property line, thereby reducing the side yard setback
by 3'. First Reading.
Trustee Seiden moved for approval of the
Consent Agenda and adoption of the two ordinances. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
The 1036 Fair Oaks petitioner reported that
there had been a request for a waiver of the rules included in their materials.
Mr. Franz responded that he had not received the request. Mr. Coblentz commented
that the Board could still waive the rules and vote on the ordinance if they so
desire.
Trustee Rosenthal moved for the waiver of the
rules. Trustee Swanson 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)
OLD BUSINESS
ANALYSIS AND AWARD OF BID (REBID) On July 7th two bids were opened for the 2004
FOR 2004 MFT INLET RECONSTRUCTION Inlet Reconstruction project. Both bids
were substantially higher than anticipated,
and they were rejected at the July 19th Board meeting. The project was
subsequently rebid. Three bids for the project were opened on August 12th. The
unit prices are still considerably higher than last year's prices. Mrs. Little
recommends deferring the work until 2005 when more favorable prices may be
obtained. Inlets that need work before that time can be handled as part of other
projects or by Village personnel.
Board of Trustees Meeting
August 16, 2004
Page 5 of 8
Trustee Wylie moved to adopt the ordinance,
including the provision regarding the 0.25% rollback on December 31, 2009.
Trustee Seiden seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
NEW BUSINESS
DISCUSSION RE TRAX LIQUOR LICENSE Trax Restaurant has been sold and is now
operating under new ownership, the accounting
firm FGMK. Mr. Franz explained that the liquor license cannot be transferred to
the new owners. A new license is required, but the total number of licenses will
remain the same. The background check-has been performed by the police department.
No action is required by the Board.
Mario Donato, Barry Goldberg and Bob Rehbock,
partners in FGMK, briefly discussed their vision for Trax. Future plans may
include live music and /or coin operated games.
DISCUSSION RE BRUNSWICK REQUEST Wildy Perryman, Manager of Regulatory affairs
FOR COIN OPERATED AMUSEMENT DEVICES for Brunswick, along with Renee Mongeau,
manager of Deerfield's Brunswick Zone, were in
attendance to request that the Board consider amending the municipal code to
permit coin operated amusement devices. In addition to providing revenue, these
games would give people an additional amusement option beyond bowling and
billiards, as well as giving patrons something to do while they wait for a bowling
lane to become available. Ms. Mongeau, who commented that she is more interested
in redemption games than she is in video games, added that there is no separate
video game room in the Deerfield Brunswick Zone nor is one planned for the future.
She added that since a bowling alley in Buffalo Grove added video games, the
Deerfield facility has lost business to them.
Board members spent several minutes discussing
the petitioner's request, as well as the more general issue of whether or not to
allow gaming devices in the Village, and whether change could be better
accomplished on a case by case basis or through a change in the Municipal Code.
It was agreed that Brunswick should come back to the next Board meeting with a
more detailed plan regarding the type and number of devices they are requesting.
After discussion, Trustee Wylie
moved to
reject the bids.
Trustee Seiden seconded the motion. The motion passed
unanimously.
ORDINANCE 0 -04
-45 RE IMPOSITION OF Mr. Coblentz explained that the
ordinance
OF HOME RULE
SALES TAX, 2ND READING being brought before the Board
for second
reading includes provision for
an automatic
rollback on
December 31, 2009, of the portion of the proposed home
rule sales tax
(0.25 %) that
is being directed to the capital projects fund, unless
action is
taken by the
then sitting Village Board to retain the tax.
Trustee Wylie moved to adopt the ordinance,
including the provision regarding the 0.25% rollback on December 31, 2009.
Trustee Seiden seconded the motion. The motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
NEW BUSINESS
DISCUSSION RE TRAX LIQUOR LICENSE Trax Restaurant has been sold and is now
operating under new ownership, the accounting
firm FGMK. Mr. Franz explained that the liquor license cannot be transferred to
the new owners. A new license is required, but the total number of licenses will
remain the same. The background check-has been performed by the police department.
No action is required by the Board.
Mario Donato, Barry Goldberg and Bob Rehbock,
partners in FGMK, briefly discussed their vision for Trax. Future plans may
include live music and /or coin operated games.
DISCUSSION RE BRUNSWICK REQUEST Wildy Perryman, Manager of Regulatory affairs
FOR COIN OPERATED AMUSEMENT DEVICES for Brunswick, along with Renee Mongeau,
manager of Deerfield's Brunswick Zone, were in
attendance to request that the Board consider amending the municipal code to
permit coin operated amusement devices. In addition to providing revenue, these
games would give people an additional amusement option beyond bowling and
billiards, as well as giving patrons something to do while they wait for a bowling
lane to become available. Ms. Mongeau, who commented that she is more interested
in redemption games than she is in video games, added that there is no separate
video game room in the Deerfield Brunswick Zone nor is one planned for the future.
She added that since a bowling alley in Buffalo Grove added video games, the
Deerfield facility has lost business to them.
Board members spent several minutes discussing
the petitioner's request, as well as the more general issue of whether or not to
allow gaming devices in the Village, and whether change could be better
accomplished on a case by case basis or through a change in the Municipal Code.
It was agreed that Brunswick should come back to the next Board meeting with a
more detailed plan regarding the type and number of devices they are requesting.
Board of Trustees Meeting
August 16, 2004
Page 6 of 8
REQUEST FOR FUNDING UNDER THE Kurt and Karl Schmitt, business and property
FACADE REBATE PROGRAM, DEERFIELD owners of Deerfields Bakery, 813 Waukegan
BAKERY, 813 WAUKEGAN ROAD Road, are requesting to take part in the
Revitalization Rebate Program. Their proposal
has been reviewed and approved by the Appearance Review Commission.
Kent Koplin, designer and general contractor
for the project, and Karl Schmitt were in attendance to present their proposal.
The scope of the work includes reconfiguration of the vestibule with relocation of
the bi -fold door, simulated limestone on the north and west sides of the building,
awnings, paint, landscaping, light fixtures, and backlit channel letter signs.
The Village's estimated share of the improvements would be $50,000 for building
improvements and $1,900 for site improvements.
Trustees discussed the proposed plan,
including whether or not the reconfiguration of the vestibule and entry are
improvements that should be eligible for the facade rebate.
After discussion, Trustee Rosenthal made a
motion to accept the report and recommendation of the ARC and to authorize a
facade rebate for Deerfields Bakery of 50% of the allowable costs in an amount not
to exceed $51,900. Trustee Seiden seconded the motion. The motion passed by the
following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5)
NAYS: Wylie (1)
The Village attorney will draft an agreement.
REQUEST FOR FUNDING UNDER THE Schmitt Properties, owner of the professional
FACADE REBATE PROGRAM, 711 ORCHARD building located at 711 Orchard, is requesting
BUILDING to take part in the Village's Revitalization
the building plans
with his neighbors
Koplin is designer
Rebate Program. Their proposal includes only
at this time, as Mr. Schmitt is trying to work out site issues
The proposal has been reviewed and approved by the ARC. Ken
and general contractor for the improvement.
Mr. Koplin explained that in its present
condition the building is nondescript and easy for clients to miss. The
petitioner wishes to improve its appearance without making major renovations to
the property. Proposed improvements, which include decorative arts and crafts
style wood trim, replacement windows and doors, sconces, sign placards, and
relocation of condenser units to the roof, will cost an estimated $78,260 plus
permit fees, with a total Village share of $40,493.60.
Trustee Rosenthal commented that this portion
of the improvement should not be considered without knowing more about the status
of the site work. Mr. Koplin responded that there are numerous site plan issues
and resolving them will take time, as there needs to be a group effort made by all
the affected property owners. The petitioners are trying to establish a rapport
with the neighbors and work out the various issues, but this could be a time
consuming process. In the meantime, they would like to move forward with the
building improvements. Mr. Schmitt offered assurances that it is not his intent
to shut off access, and if he would ever change his mind and decide to do so, he
Board of Trustees Meeting
August 16, 2004
Page 7 of 8
would need Village permission. Trustees discussed whether resolving the site plan
issues and granting the fagade rebate should be tied together.
Trustee Wylie commented that, in his opinion,
the proposed renovation to the building is not a significant visual improvement
and he would not be in favor of using Village money for it.
Trustee Swanson made a motion to approve a
fagade rebate for 711 Orchard in a maximum amount not to exceed $40,493.60.
Trustee Seiden seconded the motion. After further discussion, the motion passed
by following vote:
AYES: Benton, Kayne, Seiden, Swanson (4)
NAYS: Rosenthal, Wylie (2)
The Village Attorney will draft an agreement.
ANALYSIS AND AWARD OF BID FOR 2004 Five proposals were received for the 2004
STREET REHABILITATION PROGRAM Street:Rehabilitation program. The low bid of
$706,930 was submitted by A Lamp Concrete
Contractors, who satisfactorily completed last year's street rehabilitation
program. The Director of Public Works and Engineering and Village consultant URS
Corporation recommend awarding the contract to A Lamp Concrete Contractors in an
amount not to exceed $706,930.
Trustee Wylie so moved. Trustee Seiden
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.FOR Civiltech Engineering Inc. provided the
PHASE III CONSTRUCTION ENGINEERING, preliminary and design engineering services
DEERFIELD ROAD REHABILITATION for the Deerfield Road Rehabilitation Project.
Staff requested that they submit a proposal to
provide construction engineering services since they have such a thorough
knowledge of the job and since they have done an excellent job on the previous
phases. Civiltech submitted a construction engineering services agreement which
outlines the services they would provide, and the agreement has been reviewed by
IDOT. The total amount of the proposal is $264,615. Of this amount, Federal
participation is 70 %, Lake County participation is 6 %, and the remaining 24% of
the amount, $63,600, would be paid by the Village. Mrs. Little recommends that
Civiltech be awarded the Phase III Construction Engineering Services contract for
an amount not to exceed $264,615.
Trustee Rosenthal so moved. Trustee Seiden
seconded the motion. After discussion of the pedestrian issues involved in the
project, the motion passed by the following vote:
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0)
Board of Trustees Meeting
August 16, 2004
Page 8 of 8
DISCUSSION
TRUSTEE IN THE TOWN Trustee Seiden reported that the next Trustee
in the Town will take place at the Deerfield
Farmers Market on Saturday, August 219` from 9:00 a.m. until.noon. Trustees Kayne
and Swanson will be in attendance.
REPORTS FROM THE VILLAGE MANAGER:
• Mr. Franz asked for direction from the Board regarding the stop signs that were
temporarily installed last April at the intersection of Wilmot and Hazel. The
Safety Council is asking, and staff agrees, that the signs should be made
permanent.
Trustees agreed that this is a good idea. An ordinance will be prepared and
will appear on a subsequent agenda.
• Mr. Franz reported that it is current practice that anyone opening the parkway
or the street must pay a deposit to the Village. The parkway deposit is $500
and the street deposit is $1000. The deposit is refunded when the project is
completed. Staff is requesting that the Municipal Code be amended to authorize
the Village to hold the money for up to six months in case settling takes place
that needs to be repaired.
Trustee Wylie added that he would like to see some of the deposit applied to
-providing an acceptable pedestrian route during construction, if none is
provided by the contractor. Trustee Benton suggested that red tagging would be
another way to solve the problem. Staff will look into it.
An ordinance will be prepared and will appear on a subsequent agenda.
• Mr. Franz reported that due to there being v Mondays in August, and also due
to the Labor Day holiday, the next Board eetin will take place on Tuesday,
September 7 "'
ADJOURNMENT
meeting. Trustee Kayne seconded the
meeting was adjourned at 9:f5 p.m.
ATTEST:
Village Clerk
Ther bei g no urther business to discuss,
Tru tee W ie ade a motion to adjourn the
m ion. The otion passed unanimously. The