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09/06/2005r September 6, 2005 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 Tuesday, September 6, 2005 at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Michelle Feldman Harriet Rosenthal William Seiden Matthew Wylie Absent: Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE Mayor Harris asked Joan Grossman to lead those in attendance in reciting the Pledge of Allegiance. MOMENT OF SILENCE Mayor Harris asked those in attendance to observe a moment of silence for the families affected by hurricane Katrina. He explained that the Village has fielded dozens of calls from residents and is following the directives from the state and federal governments on how people might respond. The Community Relations Commission will look into coordinating efforts for the Village. On September 8, Mark Kirk's office secured two 54 foot semi trailer trucks to collect personal hygiene products, bottled water, baby food, and canned and paper goods for hurricane relief. More than $1 million per day has been contributed from residents of the 10th district. West Deerfield Township Supervisor Julie Morrison was in attendance and announced that the Township is also collecting items for hurricane relief. Items should be brought to their office before September 8. PROCLAMATION Mayor Harris proclaimed Sunday September 18, 2005 as the 1St Annual Lung Cancer Awareness Walk Day. Proceeds will be donated to the Lungevity Foundation which is dedicated to the funding of lung cancer research. Joan Grossman accepted the proclamation and commented that lung cancer kills more people than all other cancers combined. APPROVAL OF MINUTES Trustee Seiden made a correction to the Village Board Meeting minutes from August 15th. He explained that Margie Stone meant smoking should be banned from enclosed public places, not all public places. Trustee Feldman wanted the minutes amended to read that the village manager stated that he would check the information at the front counter each Monday morning to see that it includes all material which is for public inspection. Board of Trustees Meeting September 6, 2005 Page 2 of 8 Trustee Rosenthal made a motion to approve the minutes of the August 15, 2005 Board of Trustees meeting as amended and the August 29, 2005 Committee of the Whole. meeting. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll dated September 6, 2005. Trustee Wylie .seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) . PUBLIC COMMENT Gil Antokol, President of the Deerfield Park District, reminded everyone about the next Deerfield Community Blood Drive on Sunday, September 11th at the Jewett Park Community Center from 8:00 —1:00 in the Pine Room. He urged residents to make blood donation a part of their regularly scheduled activities. Mr. Antokol mentioned that, in conjunction with the coordinated relief efforts, any monetary donations that are made at the Blood Drive on Sunday will be matched by his company 50 percent, up to $5000. Mike Lewitz spoke about placement of private business advertising signs and placards on public right of ways. He suggested having ,a refundable bond, based on the number of signs, to ensure companies will remove the signs. Mr. Coblentz said signs can be regulated in the public right of way but that Lake Cook Road and Waukegan Road are regulated by Cook County and IDOT respectively. Margie Stone, 531 Hermitage, suggested that, in considering a new scavenger contract with Onyx, the Board should recognize that a backdoor surcharge will impact those who need it most but can least afford to pay it, namely seniors and the disabled. REPORT AND RECOMMENDATION O PLAN COMMISSION FOR APPROVAL OF A CLASS A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HAIR TRANSPLANT FACILITY FOR BUILDING 4,740 WAUKEGAN ROAD REPORTS F The Plan Commission held a Public Hearing on August 11, 2005 to consider the request for approval of a Special Use for North Shore Hair Transplant Specialists. The Village Center Development Commission reviewed the request at _their August 17, 2005 meeting and believes the use is appropriate and recommends approval. Trustee Rosenthal made a motion to approve the report and recommendation of the Plan Commission and the report and recommendation of the Village Center Development Commission regarding a Special Use for North Shore Hair Board of Trustees Meeting September 6, 2005 Page 3 of 8 Transplant Specialists and to direct preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) . CONSENT AGENDA ORDINANCE 0 -05 -35 AMENDING An ordinance amending the number of Class E CHAPTER 3 OF THE MUNICIPAL liquor licenses. Second Reading. CODE TO INCREASE THE NUMBER OF AUTHORIZED CLASS E LIQUOR LICENSES (BANANA MOON) ORDINANCE 0 -05 -34 AMENDING THE An ordinance expanding the Village Center District COMPREHENSIVE PLAN AND ADDING Planning. Area to include the West Deerfield THE WEST DEERFIELD TOWNSHIP Township property at 601 Deerfield Road. Second PROPERTY AT 601 DEERFIELD ROAD Reading. TO THE VILLAGE CENTER DISTRICT PLANNING AREA Trustee Rosenthal made a motion to adopt Ordinances 0 -05 -34 and 0- 05 -35. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ORDINANCE APPROVING THE An ordinance approving the rezoning of the REZONING FROM R3 SINGLE FAMILY the property at 710 Orchard to be rezoned and RESIDENCE DISTRICT TO R4 SINGLE developed as a two family dwelling. First Reading. FAMILY AND TWO FAMILY RESIDENCE DISTRICT AND Trustee Feldman questioned the location of the APPROVAL OF AN AMENDMENT TO protected tree root zone in regards to the submitted THE COMPREHENSIVE PLAN IN plans. She noted the excavation is shown in the ORDER TO DEVELOP THE PROPERTY location of the protected root zone. Yuri Berg, WITH A TWO FAMILY DWELLING CEO, Greenview Homes said the stock piling of UNIT excavating materials could be moved to another spot. He explained he would have to check with his civil engineer. Trustee Seiden explained the village has an ordinance which prohibits the storage of excavating materials in the root zone. Trustee Rosenthal explained there have been many complaints about residential construction activities. She stated that contractors must comply Board of Trustees Meeting September 6, 2005 Page 4. of 8 with the ordinances, including cleaning up the debris and.making sure debris is not on the roadway. Mr. Berg explained he is one builder. His project managers are aware of the regulations and watch their sites. He said they make rounds on weekends, respond to customer issues quickly and assist with neighbor issues, sometimes doing more than what is required. Trustee Feldman asked what. happens if a construction fence falls down on a Sunday. She stated she had left a message at the posted phone number but did not get a response. With the proximity to residential parking, she wanted to make sure those.residents would not lose. access to their parking. Mr. Berg explained they would have a showroom that would be staffed on Sundays in about a month. He explained that builders do not work on Sundays and said they could check messages until then. Trustee Feldman asked what would happen if a situation became unsafe on a Sunday.. Mr. Berg said he could set up a hot line, similar to a physician's office, with a 2 hour response time. Mayor Harris directed the village attorney to work with staff to develop an amendment to the municipal code requiring contractors to provide a 24- hour emergency phone number so that they can be contacted on any problems. This will stand as a First Reading. ORDINANCE 0-01 -36 REQUESTING A An ordinance for a variation to allow the VARIATION FOR THE PROPERTY AT construction of a one story garage which would 1051 WARRINGTON ROAD decrease the north side yard setback to 5.13 feet in lieu of the minimum 8 feet, creating a combined side yard of 15.03 feet in lieu of the minimum 20 feet as specified in the Zoning Ordinance. The petitioners requested a waiver of rules and approval of the ordinance on First Reading. Trustee Rosenthal made a motion to waive the rules. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Trustee Rosenthal made a motion to approve the ordinance for a variation for the property at 1051 Warrington Road. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) OLD BUSINESS ORDINANCE REQUESTING AN An ordinance requesting an amendment to the AMENDMENT TO A SPECIAL USE Special Use Planned Unit Development for Board of Trustees Meeting September 6, 2005 Page 5 of 8 PLANNED USE DEVELOPMENT FOR renovations to the middle portion of Deerbrook RENOVATIONS TO THE MIDDLE Mall. First Reading. PORTION OF DEERBROOK MALL Mayor Harris commented that he would expect a favorable report on the cross access agreement with Lake Cook Plaza at the Second Reading. AUTHORIZATION FOR MAYOR TO Mr. Coblentz.explained an earlier. agreement with SIGN EXXON/MOBIL HIGHWAY Exxon/Mobil for right of way in connection with AUTHORITY AGREEMENT RE the Osterman/Waukegan Road intersection WAUKEGAN /OSTERMAN improvement. He asked the trustees to take action INTERSECTION IMPROVEMENT to approve the final agreement, which was amended to include language which is needed for Exxon/Mobil to secure a "no further remediation" letter from the EPA. Trustee Wylie made a motion to authorize the Mayor to sign the right of way agreement. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) NEW BUSINESS ANALYSIS AND AWARD OF BID FOR Two sealed bids were opened and publicly read on NEW 2006 46,000 GVWR TRUCK WITH August 19, 2005 for a new 2006 46,000 GVWR 10 YARD FAN CATCH BASIN SEWER truck with 10 yard fan catch basin cleaner (Sewer CLEANER Cleaner and Excavator.) The Director of Public Works and Engineering explained only one bid met the specifications as outlined in the bid documents. She explained the piece of equipment that is being replaced is more than 10 years old and is badly rusting. Trustee Rosenthal moved, seconded by Trustee Benton, to award the contract for a new 2006 46,000 GVWR truck with 10 yard fan catch basin Cleaner to Standard Equipment Sales in an amount not to exceed $218,000. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Four sealed bids were opened and publicly read on NEW 2006 RUBBER TRACK MINI August 19, 2005 for a new 2006 rubber track mini EXCAVATOR excavator. The equipment is a rubber track machine with a 360 degree turning radius which is Board of Trustees Meeting September 6, 2005 Page 6 of 8 effective in difficult and confined areas. Burris Equipment Company was the low bidder in the amount of $53,065. Trustee Rosenthal moved, seconded by Trustee Feldman, to award the contract for a new 2006 rubber track mini excavator to Burris Equipment Company in an amount not to exceed $53,065. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden; Wylie (5) NAYS: None (0) AUTHORIZATION FOR APPROVAL OF Ms. Little explained that the Board awarded a DEERFIELD WATER MAIN CHANGE a construction contract for water main construction ORDERS to Alliance Contractors on March 21, 2005. The main has been installed and is completely operational. There were several change orders and additions /deductions to contract pay items. The total adjustment to the contract value was $61,364.05. The trustees discussed the requested changes and asked why the items were not included in the original bid. Ms. Little explained there were a number of services not shown on the utility atlas. The information was not known until the project was underway. Trustee Wylie believes some of the changes were within Civil Tech's purview. The documents were conflicting and he believes the contractor may be exploiting the matter. Ms. Little explained the contractor gets paid for the amount of pipe being put into the ground. Trustee Wylie noted that pricing has not been received for change orders 4, 5 and 6. He does not believe they should be formalized until pricing is received. Trustee Wylie made a motion to approve the Deerfield Road Water Main Change Orders 1 and 3 and changes to the contract pay items 14, 15, 16, 19 and 22. The total adjustment to the contract value amounts to $43,032.43. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) REQUEST FOR A DRIVEWAY Scott Kluge, 26 Colwyn Terrace, explained the VARIATION FOR 726 COLWYN house is set back 15.6' from the property line. The TERRACE maximum width for a driveway at the property line is 18', which makes it difficult without reconfiguring the driveway. He is asking for a variation to increase the driveway width to 21'. Board of Trustees Meeting. September 6, 2005 Page 7 of 8 Several trustees expressed the opinion that, because the home is new construction, this matter could have been resolved without need for a variation. Trustee Wylie made a motion to approve the request for a driveway variation for 726 Colwyn Terrace. Trustee Rosenthal seconded the motion. The motion failed on the following vote: AYES: Benton (1) NAYS: Feldman, Rosenthal, Seiden, Wylie (4). REQUEST FOR EXTENSION OF A request for an extension of the subdivision SUBDIVISION AGREEMENT AND agreement for the Hope Resubdivision for the AUTHORIZATION FOR VILLAGE property at 1450 Somerset Avenue. MANAGER TO EXECUTE AN AMENDMENT TO THE SUBDIVISION Mr. Franz explained the agreement was originally AGREEMENT AT 1450 SOMERSET approved in March 2004. The petitioner is requesting an. 18 month extension. Trustee Seiden made a motion to approve the request to extend the subdivision agreement and authorize the village manager to execute an amendment to the subdivision agreement for the Hope Resubdivision at 1450 Somerset Avenue. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Wylie (5) NAYS: None (0) DISCUSSION WILMOT SCHOOL CONSTRUCTION Trustee Benton asked about the construction near Wilmot School. Mr. Franz explained it is a long term project and the school has worked closely with the Village in addressing safety issues. They have tried to be proactive as far as safety. The Village has retained outside crossing guards, and the police are closely monitoring the situation. REMINDERS Mr. Franz reminded viewers that Mudfest is scheduled on September 11, 2005 from noon — 4:00. Also, the Historical Society Fall Festival will be held that same day from noon to 5:00 p.m. Mr. Kiraly reported that Community Services Day will be September 17, 2005 from 11:00 — 3:00 at Brickyard Park. There will be demonstrations by the police department, fire department and public works. There will be events for all ages. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 9:05 p.m. Board of Trustees Meeting September 6, 2005 Page 8 of 8 1 ATTEST: .v _Ii_ _ FA ot _ • * -771 1 1