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03/17/2008March 17, 2008 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Steve Harris in the Council Chambers of the Village Hall on Monday, March 17, 2008 at 7:36 p.m. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Michelle Feldman Thomas Jester Harriet Rosenthal William Seiden Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Frank Cisek, Superintendent of the Wastewater Treatment Facility, led those in attendance in reciting the Pledge of Allegiance. 25 YEAR SERVICE AWARD Mayor Harris presented Mr. Cisek with a 25 Year Service Award. He explained that Mr. Cisek has taken on many responsibilities throughout the past 25 years and was promoted to Superintendent in 2006. Mayor Harris described Mr. Cisek as a detail oriented individual who cares about the operation of the plant, the safety of employees, and the integrity of the Village. Mr. Cisek briefly discussed his tenure with the Village and graciously accepted the award. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes of the March 3, 2008 Board of Trustees meeting. Trustee Jester seconded the motion. The motion passed unanimously. BILLS & PAYROLL Trustee Seiden made a motion to approve the Bills and Payroll dated March 17, 2008. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the Treasurer's Report dated February 29, 2008, which represented ten months or 83 percent of the fiscal year. He mentioned the Village has had back - to -back months of sales tax increases and that other revenues, including the hotel tax, are okay. Mr. Fialkowski noted that February was not a good month for General Fund expenditures because of the snow and ice. Other expenditures are under budget. Board of Trustees meeting March 17, 2008 Page 2 of 7 REPORT ON DEPARTMENTAL Code Enforcement Officer Clint Case thanked the OBJECTIVES COMMUNITY fire department for hosting the department for the DEVELOPMENT past 19 months. He mentioned they have moved back to Village Hall and are functioning well. Mr. Case explained that the building department has shown a decrease in construction during the past six months. There are 20 fewer permits, and residents are waiting 4 — 6 weeks for permits instead of 8 weeks. Mr. Case noted there has been one ordinance violation in the past six months, and the Village received a court order to fill in the excavation for a site left open. He reported that the Board of Zoning Appeals had one hearing during the past six months. Trustee Rosenthal asked whether the Village should still have a program in place for outside plan review contractors. Mr. Case explained there is currently a program in place for commercial, but staff needs to make sure all the zoning is correct before having residents go through the technical review process. Village Planner Jeff Ryckaert explained that the 2010 census is around the corner and the Village will participate in the LUCA program and review the list of addresses from the Census Bureau to ensure questionnaires are delivered to every household in Deerfield. Mr. Ryckaert explained that staff performed a survey of businesses and determined that approximately 25 percent of them do not comply with the Window Signage Ordinance. Letters will be sent out informing the businesses of the July 2009 compliance deadline and will let owners know they have the opportunity to seek relief. Mr. Ryckaert commented that the Plan Commission did not meet in February, which he believes reflects a slowing economy. There was no Public Comment. There were no Reports. There was no Consent Agenda. PUBLIC COMMENT REPORTS CONSENT AGENDA OLD BUSINESS ORDINANCE 0- 08- 08APPROVING AN An Ordinance approving an amendment to a Class AMENDMENT TO A CLASS B SPECIAL B Special Use for the expansion of Trax Tavern & USE FOR AN EXPANSION OF TRAX Grill and an amendment to a Commercial PUD to TAVERN & GRILL AND AN permit renovations to the parking lot and the Board of Trustees meeting March 17, 2008 Page 3 of 7 AMENDMENT TO A COMMERCIAL PUD TO PERMIT RENOVATIONS TO exterior of the building at 833 Deerfield Road in Deerfield Square. Tabled 3/3/08. THE PARKING LOT AND THE EXTERIOR OF THE BUILDING AT Trustee Rosenthal made a motion to remove the 833 DEERFIELD ROAD IN DEERFIELD matter from the table. Trustee Benton seconded the SQUARE — TABLED 3/3/08 motion. The motion passed unanimously. Trustee Seiden explained that Village Manager Street provided the Trustees with some rules regarding liquor regulations. He explained that there must be full meal service available when alcohol is served. He explained that the Noise Ordinance prohibits amplified music and loud voices between 11:00 p.m. and 7:00 a.m. After speaking with Mr. Becker, who lives across from Trax, Trustee Seiden would like to regulate noise after 10:00 p.m. He noted that Trax would like to it to be 1:30 a.m. Trustee Seiden would like a compromise. Trustee Seiden made a motion to permit the rooftop seating at Trax to be open until 11:30 p.m. on Thursdays through Saturdays and until 11:00 p.m. on Sundays through Wednesdays. Trustee Benton seconded the motion. Trustee Feldman asked Mr. Coblentz to discuss the ordinance. Mr. Coblentz explained that the Village's general noise ordinance prohibits loud noises anywhere in the Village where it is loud enough to disturb the peace. Dwayne Sols, 745 Chestnut Street, explained that he lives directly across the street from Trax and believes Trax is an asset to the community. Mr. Sols enjoys the noise of Trax more than the trains. He believes Trax should be allowed to operate the roof top and hopes they get a fair shake. Dave Reynolds, 1100 Chestnut, has lived in Deerfield for nine years and lives across from Trax. Mr. Reynolds encourage that Trax be treated fairly because they are a responsible, family establishment and an asset to the community. Jean Becker, 901 Sunset Court, understands what everyone has said about Trax; however, noise escalates when it comes from a rooftop. Ms. Becker added that because her home doesn't have air conditioning, the noise from Trax' rooftop is constant. She believes the proposed compromise would help address the issue. Bob Raybock, representing Trax, also believes a compromise would be acceptable. Chris Siavelis from CRM Properties, believes closing the rooftop at 11:30 p.m. would be too early because they would have to stop seating by 10:00 p.m. He explained that Trax is trying to be accommodating, but the developer is opposed to any restriction. Mr. Siavelis believes the restriction could hinder or curtail future operations at that location. Board of Trustees meeting March 17, 2008 Page 4 of 7 Trustee Rosenthal asked what compromise would be acceptable to CRM. Mr. Siavelis explained that he does not expect Trax to only have part of their business open after 11:00 p.m. He believes the Noise Ordinance is in place to handle this type of situation. He explained there are lease ramifications with restrictions and does not believe a few couples talking at a normal tone on the rooftop warrants modifying the Noise Ordinance. Trustee Struthers noted that residents do not want to have to call the police department. Mr. Raybock explained that midnight would be a better closing time for the rooftop on Thursdays through Saturdays and 11:00 p.m. on Sundays through Wednesdays. Trustee Struthers asked if Trax would consider closing the rooftop at 11:00 on Thursdays as well. Mr. Raybock said he would. Trustee Rosenthal asked if the Ordinance could be revisited after one year. Mr. Coblentz explained that Trustees could put a temporary ability to conduct rooftop operations to a specific timeframe, with a provision that the right would terminate and the Board would review an extension or modification. Mr. Siavelis questioned how an issue would be defined. He explained that to have the rooftop operations invalidated would cause legal concerns for the tenant and the developer. Mr. Raybock explained that incurring the investment and not knowing where they would stand after one year would put financial pressure on them. Trustee Benton questioned whether Mr. Becker's concerns were talking or music. Mr. Becker explained that his concerns were both talking and music. Trustee Feldman asked how many complaints CRM Properties has received. Mr. Siavelis explained they received five letters. Trustee Feldman questioned whether it was important to have set hours for the outdoor seating. Mr. Raybock explained that it is important to have extended hours on Thursdays through Saturdays. He noted that Thursday night is a big night for softball teams. Mr. Becker noted that Thursday is the noisiest night. Trustee Seiden questioned whether 11:30 p.m. would be acceptable for Thursday through Saturday night. Mr. Siavelis explained that midnight is important. Mr. Raybock explained that he had just spoken with Mr. and Mrs. Becker, who said that midnight would be acceptable to them for Friday and Saturday nights, 11:30 p.m. on Thursday nights, and 11:00 p.m. on Sunday through Wednesday. Mayor Harris confirmed that the parties agreed. Trustee Seiden amended the motion to permit rooftop seating at Trax to be open until midnight on Friday and Saturday nights, until 11 :30 p.m. on Thursday nights and until 11:00 p.m. on Sunday through Wednesday nights. Trustee Benton seconded the amended motion. The motion passed by the following vote: Board of Trustees meeting March 17, 2008 Page 5 of 7 AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Trustee Seiden made a motion to adopt the Ordinance as amended. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO AWARD SUPPLEMENTAL ENGINEERING SERVICES CONTRACT FOR LIGHTING IMPROVEMENTS ON HAZEL AVENUE /CHESTNUT STREET INFRASTRUCTURE PROJECT Mr. Street explained that the Board approved the main design work for these two project areas in November but the scope of the work did not include review of the street lighting system. To provide a coordinated approach, staff recommends adding the street lighting to the projects. AUTHORIZATION TO AWARD Trustee Rosenthal made a motion to award the SUPPLEMENTAL ENGINEERING supplemental engineering services contract for SERVICES CONTRACT FOR lighting improvements on Hazel Avenue /Chestnut LIGHTING IMPROVEMENTS ON Street and Carlisle Avenue /Carriage Way CARLISLE AVENUE /CARRIAGE WAY infrastructure projects to URS Corporation in an INFRASTRUCTURE PROJECT amount not to exceed $7,773.82 and $8,571.13 respectively. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO APPROVE Mr. Kiraly explained that the Village is a member CONTRACT STAFFING SUPPORT of the GIS consortium, consisting-of 13 WITH MGP, INC. FOR GEOGRAPHIC communities. They have an agreement to provide INFORMATION SYSTEM SERVICES support service staffing and a discounted fee structure. They regularly update the capital improvement project map and highlight FEMA floodway maps. They formulated maps to lower flood insurance rates for residents through more accurate mapping. Staff has utilized the GIS to identify problem areas and smoke testing issues. Staff believes there is tremendous value to the consortium -based program. Mr. Kiraly explained that one of the upcoming goals is to move toward 3 -d mapping that would highlight underground utility systems, proposed developments and elevations. Staff recommends the Village Board authorize a contract with Municipal GIS Partners, Inc. in an amount not to exceed $68,067 for services in fiscal year 2008 -2009. Trustee Rosenthal asked if this expense would continue indefinitely. Mr. Kiraly explained it would continue until there is a better alternative. Trustee Seiden Board of Trustees meeting March 17, 2008 Page 6 of 7 observed that Deerfield shares GIS staff with other consortium members. Mr. Kiraly explained that the GIS technician is shared with two other Villages, and Deerfield utilizes him two days each week. He added the Village has access to 25 GIS staff members. Trustee Rosenthal made a motion to approve a contract with Municipal GIS Partners, Inc. for services in fiscal year 2008 -2009 in an amount not to exceed $68,067. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO APPROVE Mr. Kiraly explained that photogrammetric CONTRACT WITH OWEN AYERS & mapping is linking together graphically obtained ASSOCIATES RE PHOTO- I data onto a map and utilizing that to create all the GRAMMETRIC MAPPING AND Village mapping. He explained it provides AERIAL PHOTOGRAPHY excellent data that can be utilized in house and shared with outside contractors that work in the Village. Mr. Kiraly explained they originally anticipated a five -year program but finished in four years, providing the Village with very accurate base maps. Mr. Kiraly explained they are now in the data verification stage, making sure homes built within the last four years and topographical changes are integrated. He noted that the cost is 52 percent less than last year, and he does not anticipate that costs will increase over the next four years. Staff recommends the Board authorize a contract with Owen Ayers and Associates for photogrammetric mapping and aerial photography in an amount not to exceed $13,395. Trustee Rosenthal asked how much longer the Village would have to participate in this program. Mr. Kiraly advised that, since there are always additions, updating is important for accuracy. He added that floodplain mapping and ordinances are based on these maps. Trustee Benton added that the maps should be continually updated for land use considerations and roadway construction as well. Trustee Feldman suggested updating the maps as needed instead of on a continuous basis. Mr. Kiraly noted that when builders ask for the information, the Village charges them for it. Trustee Feldman questioned whether the maps could just focus on the capital improvement projects to determine whether they are current. Mr. Kiraly explained it would be more expensive to do it on a project by project basis. Trustee Feldman requested a year to year cost analysis be performed. Trustee Seiden made a motion to authorize the contract with Owen Ayers and Associates for photometric mapping and aerial photography in an amount not to exceed $13,395. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Board of Trustees meeting March 17, 2008 Page 7 of 7 NEXT MEETING ADJOURNMENT Attest: Village Jerk 1 1 DISCUSSION Mr. Street i in three we Approved: ioned that he next meeting will be on Monday April 7, 2008. further bus' ess or discussion, the journed at :48 p,m.