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07/19/2010July 19, 2010 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Rosenthal in the Council Chambers of the Village Hall on Monday July 19, 2010 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Thomas Jester Mary Oppenheim William Seiden Absent: Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. SPEEDY RECOVERY Mayor Rosenthal wished Trustee Barbara Struthers a speedy recovery after an accident and surgery. PLEDGE OF ALLEGIANCE Nick Hamilton, Judy Nelson and Barbara Reich led those in attendance in reciting the Pledge of Allegiance. PRESENTATION OF PATRIOT ACT Director of Public Works and Engineering Barbara PLAQUE Little introduced Nicholas Hamilton, who has been employed by the Village since 2001. In addition to his service in the Public Works department, he serves with the Army National Guard. Sergeant Hamilton presented a Patriot Act plaque to Mayor Rosenthal for the Village's support. REPORT ON 2010 FAMILY DAYS Judy Nelson and Barbara Reich presented highlights from 2010 Family Days. They were extremely pleased with the results. Ms. Nelson stated that Village and Park District support were superb. The volunteers, including Rotary Club, Optimist Club and Lions Club, were amazing. They tried to obtain corporate donations to help offset the cost and will continue to try to obtain donations in the future. Ms. Nelson thanked Barbara Reich for her assistance. Ms. Reich thanked the other volunteers who helped run the events and made it truly a community event. Ms. Nelson asked for volunteers for the 2011 Family Days festivities. MANPOWER APPOINTMENT Trustee Oppenheim made a motion to appoint Rick Hiton to the open position on the Board of Police Commissioners for a term expiring in November 2012. Trustee Benton seconded the motion. Mr. Hiton has been an ex- officio member of the Commission. Jim Warren is an active member and would be appointed as an ex- officio member of the Commission. The motion passed by the following vote: Board of Trustees Meeting July 19, 2010 Page 2 of 6 AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the July 6, 2010 Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) BILLS AND PAYROLL Trustee Farkas made a motion to approve the Bills and Payroll dated July 19, 2010. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) TREASURER'S REPORT Finance Director Bob Fialkowski presented highlights from the treasurer's report for the fiscal year thru June 30, 2010, representing the first two months of the fiscal year. June was a relatively down month, and hopefully things will improve as the year move forward. Building permits are up and slightly higher than projected. Water and sewer sales are lagging because they are billed every three months, and hotel tax had its second month above the prior year. REPORT ON DEPARTMENTAL Ms. Little provided an update on the activities of the OBJECTIVES, PUBLIC WORKS Public Works and Engineering department. The AND ENGINEERING Village did not undertake a gypsy moth spraying program this year, due to little gypsy moth activity in the past. The major capital improvement projects this year include the street rehabilitation project and the Carlisle /Carriageway infrastructure improvement project. Ms. Little explained that both projects have been impacted by the July 1, 2010 strike, and project completion dates may need to be adjusted based on the date work resumes. Ms. Little noted that Phase I engineering and approvals have been completed for the two bridge projects. They are in process of the Phase II engineering portion where construction documents will be prepared for bidding. The Deerfield Road sidewalk project is making slow progress. Construction bids for the pedestrian underpass will be opened on July 30, 2010. Ms. Little stated the Village participated in a salt purchasing consortium. The bids received were slightly lower than last year's contract. The State bid was the same as last year. The Water Division flushed all 1200 fire hydrants this year, 200 were repaired, and two needed to be replaced. The sewer department has been working with the northeast quadrant inflow and infiltration report to responsibly eliminate defective areas in the public sector. Board of Trustees Meeting July 19, 2010 Page 3 of 6 Ms. Little noted that the department participates in numerous sustainable activities. The wastewater reclamation facility administration building proposal has been submitted to the US Green Council for design review. Ms. Little and-members of staff have participated in the Sustainability Conference. Staff has applied for grant funding for numerous projects. Trustee Seiden asked if utility relocation costs were included in previous cost estimates for the railroad underpass. Ms. Little responded that is part of the $690,000 Village cost estimate. Trustee Jester asked about the Ordinance changes for the sanitary sewers. Ms. Little explained it is being reviewed internally to ensure all the rules and regulations are in accordance with one another. There will be a Committee of the Whole meeting later this summer or early in the fall to review the sewer ordinance. PUBLIC COMMENT Marvin Kayne, 1219 Walden Lane, requested the items he discusses to be put on the agenda. He said that Home Rule means local control and more efficient self government. Home Rule is granted to all communities of more than 25,000 residents. Property taxes are collected and spent at the local level. He questioned including pension costs from the property tax. Mr. Kayne, Ms. Little and Mr. Street have discussed the benefits of five foot sidewalks in certain areas. Mr. Kayne believes it would be nice to have them near schools. 0 Mr. Kayne hopes the Village can influence the Park District into having them help the tax payers. He hopes they will not be in competition with businesses within the Village because that is against their charter. Mr. Kayne would like to see the seven pension line items removed from the property tax bill. He believes pensions should not be taking away from senior citizens to give to others. Mr. Kayne stated a tax hike is coming from the Federal government and hopes that is going to be considered by the Village. Oscar Adler, 59 Eastwood, stated that Lake County States Attorney Mike Waller is his guest on Adler's Alley this month. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing OF PLAN COMMISSION RE: REQUEST on July 8, 2010 to consider a request for FOR APPROVAL OF A SPECIAL USE approval of a special use to permit the TO PERMIT THE ESTABLISHMENT establishment of a retail store over 10,000 square OF A RETAIL STORE OVER 10,000 feet in area in Cadwells Corners Shopping Center. SQUARE FEET IN AREA IN The Plan Commission voted 5 -0 in favor of sending CADWELLS CORNERS SHOPPING a favorable recommendation, acknowledging the CENTER AT 7 N. WAUKEGAN ROAD temporary sign would only be for six months. Mr. Street noted that last Friday the petitioners requested the name to be changed to Honquest Weekends Only as the store would be open only Friday, Saturday and Sunday. Board of Trustees Meeting July 19, 2010 Page 4 of 6 Trustee Jester made a motion to approve the report and recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) REPORT AND REDCOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BOARD OF ZONING APPEALS on June 15, 2010 to consider the request of Mr. and RE REQUEST FOR A FRONT YARD Mrs. John Cohen regarding a request for a front VARIATION FOR 160 MILLSTONE yard variation for the property located at 160 Millstone. The BZA voted 4 -0 in favor of granting the variation. Trustee Jester made a motion to accept the report and recommendation of the Board of Zoning Appeals. Trustee Farkas seconded the motion. Trustee Oppenheim asked about the porch dimensions. Victor Lew, architect, explained that three feet is for the overhang. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) CONSENT AGENDA ORDINANCE PERMITTING A SPECIAL USE TO ALLOW 10,400 SQUARE FEET OF ADDITIONAL GENERAL MEDICAL DENTAL OFFICE SPACE IN THE 707 LAKE COOK ROAD OFFICE BUILDING — 1 R ORDINANCE 0 -10 -22 AMENDING SECTION 22 -165 OF THE MUNICIPAL CODE (NO PARKING OR STANDING PLACES) RE WEST SIDE OF CARLISLE FROM THE SOUTH LINE OF DEERFIELD ROAD TO A POINT 140 An Ordinance permitting a special use to allow 10,400 square feet of additional general medical dental office space in the 707 Lake Cook Road office building. First Reading. An Ordinance amending section 22 -165 of the Municipal Code (no parking or standing places) regarding the west side of Carlisle from the south line of Deerfield Road to a point 140 feet south. Second Reading. FEET SOUTH — 2R Trustee Oppenheim made a motion to approve the Consent Agenda and adopt the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) 1 1 1 Board of Trustees Meeting July 19, 2010 Page 5 of 6 OLD BUSINESS ORDINANCE REZONING PROPERTY Ordinance rezoning the properties at 1313 and 1331 AT 1313 AND 1331 WILMOT ROAD Wilmot Road (Woodland Park) as P -1 Public Lands (WOODLAND PARK) AS P -1 PUBLIC District and authorizing an amended special use for LANDS DISTRICT AND renovations to Woodland Park. Second Reading. AUTHORIZING AN AMENDED Held over from the July 6, 2010 Board of Trustees SPECIAL USE FOR RENOVATIONS TO meeting. WOODLAND PARK — 2R (HELD OVER FROM JULY 6TH MEETING) Mayor Rosenthal explained the petitioner requested this item be deferred. NEW BUSINESS RESOLUTION R -10 -12 DESIGNATING Mr. Fialkowski explained this is a housekeeping US BANK NA AS A DEPOSITORY item. He is not changing banks; rather, he needs OF PUBLIC FUNDS an up -to -date depository agreement. Trustee Farkas made a motion to adopt the Resolution. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) RESOLUTION R -10 -13 TERMINATING Mr. Street explained the Village delivered a notice A SIGN LOCATION LEASE WITH to Zebra Outdoor, Inc. on July 1, 2010 informing ZEBRA OUTDOOR, INC. them of the Village's intent to terminate the location lease. Mr. Coblentz added that Zebra Outdoor, Inc. did not respond. Mayor Rosenthal explained it is now at a point that their time allotment has been exceeded. Trustee Seiden added that the Village gave them ample notice about the termination. Trustee Farkas made a motion to adopt the Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5) NAYS: None (0) Trustee Oppenheim noted this item affects the budget and asked about the next step. Mr. Street explained the income generated from the rentals would have been used to support the capital program. Mr. Fialkowski explained the Village normally maintains a focus on the capital programs to ensure they do not overspend. Trustee Seiden asked what happens with the permit. Mr. Coblentz explained the permit was issued for a structure. IDOT requires a property interest to get a permit. Now that the lease is terminated, Zebfa Outdoors, Inc. no longer has property interest, and the permit is void. The Village will Board of Trustees Meeting July 19, 2010 Page 6 of 6 communicate with IDOT and notify them about the termination. If the Village moves forward with this in the future, a new permit will need to be acquired. APPROVAL OF METRA LICENSING Mayor Rosenthal noted that Ms. Little AGREEMENT FOR TUNNEL requested this agenda item to be removed from CONSTRUCTION MAINTENANCE tonight's agenda and added to the agenda for the AND USE AND REIMBURSEMENT second meeting in August. AGREEMENT FOR MCI AND ROGERS TELECOMMUNICATION AS TO DEERFIELD ROAD UNDERPASS CONSTRUCTION DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden stated that Trustees Oppenheim and Jester would be available at Trustee in the Town to answer questions at the Farmer's Market on Saturday, July 31. SWALCO EVENT Mr. Street reported that a SWALCO hazardous materials disposal event will take place on August .7cn from 8:00 to 2:30 at Deerfield High School. ADJOURNMENT There being no further business or discussion, the meeting was adjourned at 8:25 PM. APPROVED: Mayor ATTEST: Village Clerk 1