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05/15/2006May 15, 2006 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 15, 2006 at 7:31 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 Barbara Struthers . Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Bob Franz, Village Manager. PLEDGE OF ALLEGIANCE Cub Scout Troop .150 from Kipling School. led those in attendance in reciting the Pledge of Allegiance. Den leader Scott Urice, along with assistant den leader Neil Wolf discussed various programs the scouts participated in over the past year. The troop sold popcorn and donated a portion of the proceeds to help the victims of hurricane Katrina. They also collected donations for the West Deerfield Township food pantry. APPROVAL OF MIINUTES Trustee Benton made a motion to approve the minutes of the May 1, 2006 board of trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll dated May 15, 2006. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the April 30, 2006 Treasurer's Report, which represents the end of the fiscal year. He explained that sales tax looks better than actual because they have not received Walgreens' information for the past two months. He noted that the Department of Revenue is providing the information quarterly instead of monthly. Mr. Fialkowski noted the village has had a good year for permits, water sales and hotel taxes. Mr. Fialkowski explained that the Chicagoland Jewish High School bond issue is set to close on Wednesday. He noted there was a lot of interest in the bonds. Vehicle licenses are on sale as well. Mr. Fialkowski noted that they have Board of Trustees Meeting May 15, 2006 Page 2 of 8 completed interviews for the Assistant Finance Director position and hope to have someone on board shortly. PUBLIC COMMENT Gil Antokal, 1137 Country Lane, reminded every- one about the blood drive which will be held on Sunday, June 4th at the Jewett Park Community Center.from. Mr. Antokal noted that the park district, in conjunction with Sue Hebson at School District 113, would continue to help find a donor to help Steve Pappas by conducting registration for the national bone marrow registry. Scott Goldstein, 83 Bentley, congratulated the village on the smoke -free ordinance. He asked the village to create awareness. on portable fire pits. Mr. Goldstein believes fire pits should be regulated because they are not meant for densely populated communities such as Deerfield. He believes fire pits spit embers onto other properties and rooftops and asked the trustees to be proactive on this issue. Mayor Harris responded that the board appreciates Mr. Goldstein's input and will put this item on the agenda for the next Committee of the Whole, meeting. Margie Stone, 531 Hermitage; thanked Mr. Goldstein for bringing the fire pit issue to the forefront. She explained that windows do not need to be ajar for smoke from fire pits to seep into homes. She noted that she has called the fire department on this issue and believes it is a terrible use of the department's resources. REPORTS REPORT AND RECOMMENDATION OF PLAN COMMISSION RE: REQUEST FOR APPROVAL OF AN AMENDMENT TO A SIGN PLAN INCLUDING SIGN MODIFICATION FOR REC ROOM FURNITURE & GAMES IN CADWELLS CORNERS SHOPPING CENTER The Plan Commission held a public hearing on April 27, 2006 to consider a request for approval of a sign on the south glass enclosure of the building, including a sign modification for Rec Room Furniture & Games in Cadwell's Corners. Trustee Rosenthal made a motion to accept the - report and recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0). CONSENT AGENDA ORDINANCE 0 -06 -23 APPROVING A An ordinance approving a special use for a retail SPECIAL USE FOR A RETAIL STORE store (10,000 square feet) and an amendment to a OVER 10,000 SQUARE FEET AND AN planned unit development for Lake Cook Plaza Board of Trustees Meeting May 15, 2006 Page 3 of 8 . AMENDMENT TO A PLANNED UNIT Shopping Center (The Tile Shop — 407 Lake Cook DEVELOPMENT FOR LAKE COOK Road). Second reading. PLAZA SHOPPING CENTER — 2R Trustee Rosenthal made a motion to approve the ordinance for a special use for The Tile Shop at 497 Lake Cook Road. Trustee Benton seconded the motion: The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) . ORDINANCE 0 -06 -24 APPROVING A An ordinance approving a special use for a bank SPECIAL USE FOR A BANK AND AN and an amendment to a planned unit development AMENDMENT TO A PLANNED UNIT. for Amcore Bank at 677 Lake Cook Road. Second DEVELOPMENT (AMCORE BANK)— 2R reading. Trustee Struthers .stated that allowing a bank that offers no different services is an inappropriate use for this site. Trustee Seiden expressed concern because the.board is voting on a land use issue, and the bank has voluntarily agreed to make a $50,000 donation to the village at the time the facility is opened. He expressed concern with the timing of the donation and questioned whether it is appropriate to vote on a special land_ use with this offer pending. Mr. Coblentz did not see any issues with the donation proposal. Trustee Rosenthal explained that the trustees are voting on a special use with a voluntary contribution. Mr. Franz noted there is nothing in the ordinance which requires a donation. He explained the donation is of their own volition. Trustee Feldman noted that at the last board meeting the trustees took a vote approving the bank 4 — 2. At that meeting, as well as another meeting where a service use wanted to relocate in a space zoned as retail, the question of making annual payments in lieu of sales tax was addressed. Mr. Coblentz noted there is no requirement in the Amcore Bank ordinance for repayment of sales tax. Mr. Benton suggested developing a policy of asking for sales tax repayment from non - retail companies that are taking retail space. Trustee.Feldman expressed discomfort because of the compensation offer. Mr. Coblentz responded that the bank manager offered a voluntary contribution instead of sales tax repayment. Laura Williams, Vice President of Amcore Bank, explained that the bank is excited about becoming a corporate citizen of Deerfield and wants to be an active participant in the community. She explained they offered a Letter of Credit on their own accord because they are committed to the community. Trustee Wylie made a motion to approve the ordinance for a special use for Amcore Bank and an amendment to a planned unit development Board of Trustees Meeting May 15, 2006 Page 4 of 8 for Amcore Bank at 677 Lake Cook Road. Trustee Benton seconded the motion. The motion did not receive the four positive votes from trustees required for passage, so Mayor Harris voted on the issue. The motion then passed, with the vote as follows: AYES: Harris, Benton, Feldman, Wylie (4) NAYS: Rosenthal, Struthers (2) ABSTAIN: Seiden (1) OLD BUSINESS ORDINANCE 0 -06 -25 AMENDING An ordinance amending Chapter 6 of the Deerfield CHAPTER 6 (BUILDING) OF THE Municipal Code to enact certain lot development DEERFIELD MUNICIPAL CODE regulations. Second reading. TO ENACT CERTAIN LOT DEVELOPMENT REGULATIONS — 2R Trustee Seiden. explained that changes to the -proposed ordinance are needed for small conforming lots that do not have enough space for a normal 2 -car driveway. Trustee Wylie made a motion to amend Chapter 6 of the Municipal Code to enact certain lot development regulations. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) NEW BUSINESS INTERGOVERNMENTAL AGREEMENT Mr. Kiraly explained that in the past SWALCO has WITH THE SOLID WASTE AGENCY OF sponsored local and regional events for household LAKE COUNTY TO PROVIDE HOUSE- electronics collection. They have changed the HOLD ELECTRONICS COLLECTIONS format so it is now hosted by municipalities. The IN THE VILLAGE OF DEERFIELD collections will be similar to previous ones. They will be open to all Lake County residents, but the village will control the publicity of the events. In addition, the village is working with neighboring communities to hold events on the same dates. Mr. Kiraly added that the event would provide a good service for our residents. Trustee Struthers questioned what SWALCO would do for the collections. Mr. Kiraly explained they would provide recycling locations and processing at no cost. The village would be responsible for transporting the electronics. The collection would be of short duration, possibly two hours. Board of Trustees Meeting May 15, 2006 Page 5 of .8 Trustee Benton asked about the village's financial responsibility. Mr. Kiraly explained that the village will be staffing the collection and using village vehicles. The only liability would be if something happened during the transportation of the electronics. He explained that.it is similar to what has occurred in the past. Trustee Wylie made a motion to enter into an intergovernmental agreement with SWALCO to provide household electronics.collections in the village.. Trustee Benton seconded the motion. The motion.passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) RESOLUTION R -06 -03 FOR 2006 MFT A resolution appropriating and authorizing STREET REHABILITATION PROGRAM maintenance expenditures for the 2006 Street Rehabilitation Program. Mr. Franz explained that. this is the standard resolution from the Illinois Department of Transportation and includes all streets that will be funded with local money as well as the MFT. He noted that the actual streets to be improved will not be known until bids are executed. Trustee Struthers made a motion to adopt the resolution for the 2006 MFT Street Rehabilitation Program in an amount not to exceed $625,000. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) ANALYSIS AND AWARD OF BID Six bids were opened and publicly read for con - FOR ROSEMARY TERRACE /ORCHARD struction of the Rosemary Terrace /Orchard Avenue/ AVENUE/TODD AND CAROLINE Todd and Caroline Court Improvement project. COURT IMPROVEMENTS The Director of Public Works and Engineering reported that Lenny Hoffman Excavating Inc. is the lowest responsible bidder. She explained that the lowest bid exceeds the budgeted amount by 8% because of the escalating cost of construction materials. She noted a portion of the budgeted funds ($300,000) are set aside for fiscal year 2007 -08 when the final asphalt surface will be installed. Trustee Struthers asked who would be responsible for handling traffic. Ms. Little explained the contractor would act as the village's agent, but staff will oversee the project. She noted that schools have been kept up to date and will be adjusting bus routes as needed. Trustee Wylie expressed concern about the range in the bids. He explained that it is sometimes indicative of documents that are open to interpretation and do not contain the whole scope. He is concerned they may have a low number but the whole scope of work may not have been included in their bid. Ms. Little explained that Board of Trustees Meeting May 15, 2006 Page 6 of 8 they had a pre -bid meeting, and very few comments were raised. She explained the documents are tight. Ms. Little noted the high bidder had some recent success in getting some large contracts. Mr. Franz noted that the high bidder was the contractor for the Stratford Road project and their proposal may represent problems they experienced on that job. Trustee Benton made a motion to award the contract for the Rosemary Terrace /Orchard Avenue /Todd and. Caroline Court improvements to Lenny Hoffman Excavating in an amount not to.exceed $2,745;213.50. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO AWARD Ms. Little explained the village needs to utilize the CONTRACT FOR.PHASE-III services of an engineering inspector for safety, CONSTRUCTION ENGINEERING verification, documentation and material testing. SERVICES RE: ROSEMARY TERR./ Four engineering firms submitted qualifications and ORCHARDAVENUE /TODD AND proposals. for the project. Gewalt Hamilton CAROLINE COURT IMPROVEMENTS Associates provided the lowest quote. . Trustee Wylie made a motion to award the contract for Phase III construction engineering services for the Rosemary Terrace /Orchard Avenue /Todd and Caroline Court improvements to Gewalt Hamilton Associates in an amount not to exceed $118,730. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) AUTHORIZATION TO AWARD Mrs. Little reported that the village received only CONTRACT FOR MITCHELL PARK one bid on the project. She explained that TENNIS COURT RECONSTRUCTION construction work would begin in early June, with a targeted completion date of September 1 st. Trustee Struthers questioned why only one bid came in. Ms. Little explained she received a call from another qualified bidder saying their work load was too heavy to bid on the project. Trustee Feldman explained she could not vote for a $340,000 tennis court. She believes the amount is extraordinarily highs. She believes the residents vote for park and village board members so they can work together to do what is best for the residents. She believes the village should work with the park board to find another location, which will allow them to spend a more appropriate amount for the tennis courts. Mr. Franz explained that the project is to redo tennis courts that failed under a contract awarded by the village. The village had an agreement for a reservoir on park district land and feels an obligation to fulfill the original commitment to install Board of Trustees Meeting May 15, 2006 Page 7 of 8 the tennis. court. These courts are lit and aie an integral part of the recreational services offered at that location.. Mayor Harris noted the village would have had to acquire land elsewhere for the reservoir at a higher cost had they not had the cooperation of the park district. The potential cost of land acquisition makes this a sound fiscal decision. Mayor Harris believes the village should honor their commitments to the people of the. village, then attempt to recover costs from the contractors and engineers from the original tennis court construction project. Mr. Coblentz explained that the details were discussed iri executive session and the village is moving forward as confidently as possible. Trustee Wylie made a motion to award the contract for the Mitchell Park tennis, court reconstruction to Zera Construction Co. in an amount not to exceed $341,380. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal Seiden, Struthers, Wylie (5) NAYS: Feldman (1) AWARD OF CONTRACT FOR Ms. Little explained that in 2005, the village PARKWAY TREE REMOVAL AND advertised for bids and the low bidder for both PARKWAY TREE TRIMMING contracts was Sawvell Tree Service. Sawvell Tree Service offered the same prices as last year. She recommended the board waive the competitive bidding process and award the contract to Sawvell Tree Service. Trustee Wylie made a motion to waive the competitive bidding process and award the contracts for parkway tree removal and parkway tree trimming to Sawvell Tree Services in amounts not to exceed the budgeted amount of $67,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Six bids were opened and publicly read for mobile MOBILE VIDEO RECORDERS FOR digital video cameras for police squad cars. POLICE PATROL VEHICLES Chief Sliozis recommended that the contract for 11 camera units, wireless access to download data, training and 1 back -up unit be awarded to Kustom Signals, Inc. the lowest bidder. Chief Sliozis also recommended that trustees authorize the purchase of a computer server and software from Kustom Signals, Inc: which would store the digital data from the recorders. The cost of the server is $9,999.00. Trustee Seiden made a motion to award the contract for 11 mobile video recorders, software and a computer server to Kustom Signals, Inc. in an Board of Trustees Meeting May 15, 2006 Page 8 of 8 amount not to exceed $63,788. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Rosenthal Seiden, Struthers, Wylie (6) NAYS: None (0) DISCUSSION FLAG RAISING Trustee Benton noted that he and Trustee Seiden attended a flag raising at the new Greek school on Lake Cook Road. He noted they received very favorable comments from the people involved in construction regarding working with village staff. ASSISTANT VILLAGE ENGINEER Mr. ADJOURNMENT ATTEST: ._ Lz introduid the village's new assistant e esh annapareddy. being /ho o fufther business to discuss, the ig wo adjq(irned�at 8:50 P.M. Mayor 1 1 1