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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