07/05/2006July 5, 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 Wednesday, July 5, 2006 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
Barbara Struthers
Matthew Wylie
and that a quorum was present and in attendance.. Also present were Village. Attorney Peter
Coblentz and Philip Kiraly, Assistant Village Manager.
CONDOLENCES Mayor Harris expressed his; condolences to the
family of former Deerfield Trustee Vern Swanson,
who passed away last week. A moment of silence was observed in his memory. Trustees
Benton and Rosenthal spoke about the impact Mr. Swanson had on the country and about his
leadership in the community.
PLEDGE OF ALLEGIANCE Judy Nelson, chairman of Deerfield Family Days,
led those in attendance in reciting the Pledge of
Allegiance. Mrs. Nelson spoke about the events of the past weekend and thanked the. many
volunteers and donors who helped to make the event a success.
APPROVAL OF MINUTES Trustee Benton made a motion to approve the
minutes of the June 19, 2006 board of trustees and
committee of the whole meetings. Trustee Rosenthal seconded the motion. The motion passed
by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills.
and Payroll dated July 5, 2006. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
PUBLIC COMMENT Oscar Adler, 59 Eastman Drive, reported that this
month's programming for Adler's Alley will be
Deerfield firefighters. Adler's Alley is scheduled to air on Tuesday nights at 8:00 on channel 10
and Thursday nights on channel 18 at 6:30.
Board of Trustees Meeting
July 5, 2006
Page 2 of 9
COMMISSION APPOINTMENTS Mayor Harris recommended appointing Gene .
Meltser to the Family Days Commission and Stuart
Shayman to the Plan Commission. Trustee Rosenthal made a motion to accept the commission
appointments. Trustee Benton seconded.the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
REPORTS
REPORT AND RECOMMENDATION OF The Plan Commission held a public hearing on June
PLAN COMMISSION RE: REQUEST 8, 2006 to consider a request to permit the
FOR APPROVAL OF A' SPECIAL USE establishment of a preschool on the St. Gregory's
TO PERMIT THE ESTABLISHMENT OF Episcopal Church property at 815 Wilmot Road.
A PRESCHOOL AT ST. GREGORY'S
EPISCOPAL CHURCH AT 815. WILMOT Trustee Rosenthal made a motion to accept the
report and recommendation of the Plan Commission
and direct preparation of the ordinance. Trustee Benton seconded the motion. The motion
passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF The.Plan Commission held a public hearing on June
PLAN COMMISSION RE: REQUEST 8, 2006 to consider a request to permit new
FOR APPROVAL OF AN AMENDMENT signage and exterior changes to Public Storage
TO A PUD TO PERMIT NEW SIGNAGE building at 125 S. Pfingsten.
AND EXTERIOR CHANGES TO THE
BUILDING — PUBLIC STORAGE AT 125 The Plan Commission considered five separate
S. PFINGSTEN recommendations, but requested the
recommendation for changes to the existing.
directional ground sign on Pfingsten Road go back to the commission for further discussion. The
Plan Commission recommends the signs on the west and north elevations be approved, the south
elevation sign be approved at a size of 77.45 square feet, and a text amendment for the rental
center sign be approved with the sign content being limited to only "Rental Center ", decreasing
the width of the sign so it will only be as wide as the door.
Trustee Rosenthal questioned the size of the sign on
the south elevation. Les Gutman, Vice President of Marketing for Public Storage, explained that
the purpose of the sign on the south side is to add visual identification and direction while
entering from the north on Pfingsten Road.
Trustee Wylie made a motion to accept the report
and recommendation of the Plan Commission and direct preparation of an ordinance. Trustee
Struthers seconded the Motion. The motion passed by the following vote:
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Board of Trustees Meeting
July 5, 2006
Page 3 of 9
AYES: Benton, Feldman, Rosenthal,' Seiden, Struthers, Wylie (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0 -06 -27 AMENDING THE
ZONING ORDINANCE TO
AUTHORIZE PRIVATE PARTIES FOR
CHARITIES AND NON- PROFIT
ORGANIZATIONS AS A SPECIAL USE
ACCESSORY TO RETAIL FURNITURE
STORES OF AT LEAST 20,000 SQUARE
FEET IN THE C -2 OUTLYING
COMMERCIAL DISTRICT — 2R
ORDINANCE 0 -06 -28 APPROVING A
SPECIAL USE TO ALLOW PRIVATE
PARTIES FOR NON - PROFIT
An ordinance amending the zoning ordinance of the
Village of Deerfield to authorize private parties for
charities and non - profit organizations as a special
use accessory to retail furniture stores of at least
20,000 square feet in the C -2 outlying commercial
district. Second Reading.
An ordinance approving a special use to allow
private parties for non - profit organizations at Rec
Room Furniture and Games in Cadwell's Corners
ORGANIZATIONS AT REC ROOM Shopping Center. Second Reading.
FURNITURE & GAMES IN CADWELL'S
CORNERS SHOPPING CENTER — 2R
ORDINANCE 0 -06 -29 APPROVING A
SPECIAL USE TO ALLOW AN
OUTDOOR SEATING AREA FOR
CARSON'S RIBS RESTAURANT AT
200 N. WAUKEGAN ROAD — 2R
ORDINANCE 0 -06 -30 AMENDING
SECTION 17 -3 OF THE MUNICIPAL
CODE TO REGULATE OUTDOOR
An ordinance approving a special use to allow an
outdoor seating area for Carson's Ribs Restaurant
at 200 N. Waukegan Road. Second Reading.
An ordinance amending section 17 -3 of the
municipal code of the Village of Deerfield to
regulate outdoor fire pits and fireplaces. Second
FIRE PITS AND FIREPLACES — 2R Reading.
Mr. Coblentz briefly discussed the statute. He
explained that the ordinance would refine the existing regulation for outdoor grills, clarify that
they are permitted, add fire pits and define what can be burned in the fire pit/outdoor fireplace
and other safety and placement regulations.
ORDINANCE 0 -06 -31 GRANTING A An ordinance granting.a variation from the
VARIATION FOR CERTAIN PROPERTY minimum front yard requirements of the zoning
COMMONLY KNOWN AS 205 LANDIS ordinance to permit the construction of a one -story
LANE —1 R screened porch. First Reading.
The petitioner, Victor Manny, requested a waiver of
the rules and passage of the variation on the first reading.
Board of Trustees Meeting
July 5, 2006
Page 4 of 9
Trustee Wylie made a motion to waive the first
reading. Trustee Struthers seconded the motion. The motion passed by the following vote:
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AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
ORDINANCE AMENDING THE ZONING Ordinance amending the zoning ordinance of the
ORDINANCE TO AMEND, CERTAIN Village of Deerfield to amend certain resideritial lot
RESIDENTIAL LOT WIDTH, BUILDING width, building height and FAR regulations: First
HEIGHT AND FAR REGULATIONS -1R Reading.
ORDINANCE REDUCING NUMBER OF Ordinance reducing the number of authorized patrol
AUTHORIZED PATROL OFFICERS IN officers in the Deerfield Police Department from 29
THE DEERFIELD POLICE to 27. First Reading.
DEPARTMENT — 1 R
AUTHORIZATION TO RETAIN THE Authorization to retain the services of Cervelli &
SERVICES OF CERVELLI & Associates to perform a phone billing audit.
ASSOCIATES TO PERFORM A PHONE
BILLING AUDIT
RESOLUTION R -06 -05 AUTHORIZING A resolution authorizing an intergovernmental
INTERGOVERNMENTAL AGREEMENT agreement for participation in the Lake County
FOR PARTICIPATION IN THE LAKE major crimes task force.
COUNTY MAJOR CRIMES TASK
FORCE
RESOLUTION R -06 -06 ADOPTING A resolution adopting the Lake County multi -
COUNTY MULTI - JURISDICTIONAL jurisdictional all natural hazards mitigation.
ALL NATURAL HAZARDS
MITIGATION
AUTHORIZATION TO ENTER INTO An authorization to enter into an agreement with
AGREEMENT WITH D &W EVENTS D &W Events to coordinate the 2007 Deerfield
FOR THE 2007 DEERFIELD FESTIVAL Festival of fine Arts. -
OF FINE ARTS
Trustee Rosenthal made a motion for acceptance of
the Consent Agenda and adoption of the ordinances. Trustee Seiden seconded the motion. The
motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
OLD BUSINESS
There was no old business.
Board of Trustees Meeting
July 5, 2006
Page 5 of 9
NEW BUSINESS
DISCUSSION RE: REQUEST MADE OF Richard Schoenstadt, partner in Siegel, Moses and
VILLAGE TO ACQUIRE SANITARY Schoenstadt PC, explained that there is a conflict
SEWER LINE SOUTH OF LAKE COOK between the Metropolitan Water Reclamation
ROAD District (MWRD) and. the Chicagoland Jewish High
School. He explained that MWRD will not issue a
permit unless the high school. connects to a public sewer line. Mr. Schoenstadt explained that.the
closest'public sewer line is north of Lake Cook Road. He explained that this option would
interrupt traffic, cost the school more than $100,000 and delay the opening of the school. Mr.
Schoenstadt explained that there is a private sewer line near the school, which is acceptable from
an engineering standpoint but is unacceptable, to the MWRD because it is not a public sewer line.
Mr. Schoenstadt explained that MWRD stated that if the village took ownership of the private
sewer line, they would issue a construction permit. He asked for assistance in resolution of the
issue.
Donald Matthews, civil engineer with Gewalt.
Hamilton Associates, Inc., explained that they identified that the three -lot subdivision was
formerly two lots. He explained that there were provisions made in the construction of the sewer
for the properties, which make it obvious that it was designed for the eventual development of
the high school property. Mr. Matthews explained that they -tapped into the private sewer in
early June and determined it is in good condition.
Mr. Matthews explained that, because they are
within the territorial boundaries of the MWRD, unless there is some intervention, they would be
required to auger under Lake Cook Road and open the pavement to make a connection into the
existing manhole and construct an exterior drop manhole. This would involve some road closure
on Lake Cook Road and would be very costly and time consuming. It would also require a good
deal of traffic control.
Mr. Matthews explained that there is another
option, which is to connect to the private manhole cover on the south side of Lake Cook Road
and then build a sanitary sewer parallel to the private sewer. Mr. Matthews explained that
MWRD's concern is that they would be setting a precedent for private sanitary sewers. In
addition, if the private party that owns the sewer did not maintain the line, the school would not
have sanitary sewer service. Mr. Matthews noted that in 1991, the MWRD issued a permit to
State Farm, and they tapped into the private sewer.
Trustee Rosenthal noted that the MWRD does not
treat the wastewater from these properties. Mr. Matthews noted the the sewage goes to
Deerfield's treatment plant. Mr. Schoenstadt explained that the MWRD does not have any
written authority which they are relying upon to take their position; rather, it is unwritten policy.
Trustee Feldman asked if village staff is concerned
about the precedent if the village took over the sewer. Ms. Little explained that they are very
concerned and do not maintain any private sewers. She believes it would snowball into taking
on other private sewers elsewhere in the village, something that the village is not prepared to
Board of Trustees Meeting
July 5, 2006
Page 6 of 9
handle at the present time. Trustee Feldman suggested that the school speak to our state
representatives to see if they can assist.
Mr. Schoenstadt believes an ordinance could be
drafted which takes the educational and non - profit status into consideration and could indemnify
the village. He believes that doing so would eliminate the precedent issue.
Trustee Benton explained that there is a good sewer
on the property and the MWRD does not want to allow 'an additional connection, even though
they have allowed it in the past. He suggested having Mr. Franz and Mr. Coblentz work with the
MWRD to exhaust all available options prior to.the village taking any action.
AUTHORIZATION TO APPROVE' Mr. Kiraly explained that the VCDC made a
LICENSE AGREEMENT FOR BANNER recommendation to install a banner pole on the
POLE ON US BANK PROPERTY northeast corner of Waukegan and Deerfield Roads.
Since that time, staff has been working with US
Bank to'develop an agreement, and that agreement is now ready for village board approval.
Trustee Rosenthal made a motion to authorize the
agreement with US. Bank to erect a banner pole on the northeast corner of Waukegan and
Deerfield Roads. Trustee Benton seconded the motion. The motion passed by the following
vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO AWARD BID Two sealed bids were opened and publicly read for
FOR NEW 2006 OR 2007 a new 2006 or 2007 GMC truck for the street
CONVENTIONAL TRUCK WITH department. The Director of Public Works
AERIAL DEVICE and Engineering reported that the lowest net bid
was from Lake County Truck Sales & Service, Inc.
in the amount of $68,484 including trade -in.
Trustee Wylie made a motion to award the contract
for a new 2006 or 2007 conventional truck with aerial device to Lake County Truck Sales &
Service, Inc. in an amount not to exceed $68,484. Trustee Rosenthal seconded the motion. The
motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO AWARD BID One sealed bid was opened and publicly read for a
FOR NEW 2006 OR 2007 4 -WHEEL new 2006 or 2007 replacement 4 -wheel drive
DRIVE CONVENTIONAL TRUCK conventional truck with dump body for the street
WITH DUMP BODY department.
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Board of Trustees Meeting
July 5, 2006
Page 7 of 9
Trustee Struthers made a motion to award the
contract for a new 2006 or 2007 4 -wheel drive conventional truck with a dump body to Lake
County Truck Sales & Service, Inc. in an amount not to exceed $49,472. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers,.Wylie (6)
NAYS: None (0)
AUTHORIZATION TO REJECT BID FOR One sealed bid was opened and publicly read for a
NEW 2006 OR 2007 4 -WHEEL DRIVE new replacement 2006 or 2007 4- wheel drive
TRUCK WITH 8 FOOT PICK UP BODY truck with '8 foot pick up body for the street
department.. Mrs. Little explained that the bid from
Oakfield Ford in the amount of $19,133 did not meet village specifications in numerous
categories and recommends rejecting the bid and allowing staff to re -bid for this vehicle.
Trustee Wylie made a motion to reject.the bid for a
new 2006 or 2007 4 -wheel drive truck with 8 foot pick up body from Oakfield Ford. Trustee
Rosenthal 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 Five sealed bids were opened and publicly read for
2006 STREET REHABILITATION the 2006 MFT Street Rehabilitation Program. The
PROGRAM assistant village engineer recommends the
contract be awarded to Curran Contracting
Company, low bidder, in the amount of $1,388,841.65.
Trustee Wylie made a motion to award the 2006
MFT Street Rehabilitation Program contract to Curran Contracting Company in an amount not to
exceed $1,388,841.65. Trustee Struthers seconded the motion. The motion passed by the
following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
AWARD OF CONTRACT FOR
EMERGENCY CLEANING OF
ANAEROBIC DIGESTER #1 AT THE
WASTEWATER RECLAMATION
FACILITY
cleaning prior to village board approval.
Three pump companies were contacted to quote on
emergency cleaning of anaerobic digester #1 at the
wastewater reclamation facility. Two bids were
received. The Director of Public Works and
Engineering, with the concurrence of the Village
Manager, authorized the contract for the emergency
Trustee Wylie made a motion to waive the
competitive bid process and confirm the contract for emergency cleaning of anaerobic digester
#1 at the wastewater reclamation facility to Stewart Spreading in the amount of $5,000 for sludge
Board of Trustees Meeting
July 5, 2006
Page 8 of 9
press mobilization plus 0. 10 cents per gallon processed. Trustee Benton seconded the motion.
'The motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO AWARD Five bids were received for engineering design
CONTRACT FOR ENGINEERING services to rehabilitate the east-side lift station.
DESIGN SERVICES FOR THE EAST The Director of Public Works. and Engineering
SIDE LIFT STATION recommends the design and construction
engineering service .contract be awarded to Earth
Tech, Inc. in an amount not to exceed $84,397.
Trustees questioned why the lowest bid was not
recommended.. Mrs. Little explained that the lowest bid proposal was very weak and did not
express that they had a clear understanding of the project. They were given two opportunities to
make changes to their proposal, but they did not provide sufficient information.
Trustee Rosenthal made a motion to award the
contract Tor engineering services for the east side lift station to Earth Tech, Inc. in an amount not
to exceed $84,397. Trustee Struthers seconded the motion. The motion passed by the following
vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
AUTHORIZATION TO ENTER INTO A
WORK CONTRACT WITH AT &T FOR
RELOCATION OF TELEPHONE LINES
RELATED TO THE VILLAGE HALL
EXPANSION AND RENOVATION
PROJECT
Mr. Kiraly explained that the village was made
aware that a grouping of telephone cable was
located between village hall and the now
demolished annex building. Although the capacity
in the cable is not needed, several lines need to be
relocated and the cable abandoned.
Trustee Benton expressed concern over AT &T's
follow -up and whether it would slow progress on the expansion project. Mr. Kiraly explained
that staff would do whatever possible to expedite this request so that it does not hold up the
project.
Trustee Wylie made a motion to enter into a work
contract with AT &T for relocation of telephone lines related to the village hall expansion and
renovation project in the amount of $11,078.92. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6)
NAYS: None (0)
Board of Trustees Meeting
July 5, 2006
Page 9 of 9
DISCUSSION
MUSIC CONCERT Trustee Rosenthal mentioned that the first music
concert in Deerfield Square will be the Stu Hirsh
Orchestra on July 6th. She encouraged everyone to come out.
COMMITTEE OF THE WHOLE Mr. Kiraly reported that there will be a Committee
of the Whole meeting on Wednesday, July 19, .2006
at 7:00 P.M. to discuss the recommendation s. to redevelop the finer Lin marin property.
ADJOURNMENT There bei further busines to discuss, the
mee g was djourned at 9:1* P.M.
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