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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: 1 1 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: r 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. 1 1 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. 1 ATTEST: 1 APP