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05/07/20121 1 1 May 7, 2012 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 May 7, 2012 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 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 Allegiance. PROCLAMATION Gwen Rich of the Association of Image Consultants International Civility Awareness Project led those in attendance in reciting the Pledge of Mayor Rosenthal proclaimed the month of May 2012 as Civility Awareness Month in Deerfield. Trustee Seiden made a motion to accept the Proclamation. Trustee Struthers seconded the motion. The motion passed unanimously. Ms. Rich thanked the Board for their support of the Civility Awareness Project. She looks forward to giving back to the community for many more years. MINUTES OF PREVIOUS MEETINGS Trustee Seiden made a motion to approve the minutes from the April 16, 2012 Board of Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. Trustee Farkas made a motion to approve April 23, 2012 Committee of the Whole meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Struthers made a motion to accept the Bills and Payroll dated May 7, 2012. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) MANPOWER APPOINTMENTS Mayor Rosenthal stated the Manpower Commission recommended appointing Peter Whitaker to the Appearance Review Commission. Board of Trustees Meeting May 7, 2012 Page 2 of 7 Trustee Oppenheim made a motion to accept the recommendation of the Manpower Commission. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT There were no Public Comments on non - agenda items. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: April 12, 2012 to consider the request for an REQUEST FOR AN AMENDMENT TO amendment to a commercial planned unit A COMMERCIAL PLANNED UNIT development to permit the redevelopment of the DEVELOPMENT TO PERMIT THE former George's What's Cooking property into a REDEVELOPMENT OF THE FORMER medical office building for Northwestern Medicine GEORGE'S WHAT'S COOKING at 350 South Waukegan Road. The Plan PROPERTY INTO A MEDICAL OFFICE Commission voted 5 -0 in favor of recommending BUILDING FOR NORTHWESTERN approval of the petition. Plan Commission member MEDICINE (350 S. WAUKEGAN ROAD) Al Bromberg was present. Trustee Seiden made a motion to accept the report and recommendation of the Plan Commission. Trustee Oppenheim seconded the motion. Trustee Struthers noted that she would be in favor of connecting the parking lot to Deerbrook Mall. The petitioner's Realtor, Mr. Blum stated that his client would be receptive to a parking lot connection if Deerbrook Mall also approved. Mayor Rosenthal expressed concern about the loss of sales tax revenue for the Village when retail businesses become service businesses. Mayor Rosenthal encouraged that a medical supply facility be incorporated into the medical office to help generate sales tax revenue. REPORT RE: RECOGNITION OF LONG Alan Garfield, Chairman of the Village Center STANDING BUSINESSES IN THE Development Commission and Associate Village VILLAGE CENTER Planner Kathy LeVeque stated Mayor Rosenthal asked the Commission to consider a recognition program for long- standing businesses in the downtown. Ms. LeVeque stated the Commission decided that businesses which have been operating in the Village Center for at least 20 years under the same name would be recognized as long- standing businesses. 28 businesses within the Village Center meet the criteria. Ms. LeVeque noted honorary plaques have been ordered and suggested recognizing the businesses at a Board meeting and acknowledging the businesses in D -Tails and on the Village website. Mayor Rosenthal asked about medical offices. Chairman Garfield reported the Commission felt doctor's offices were different from retail or traditional customer service businesses. The 1 F L Board of Trustees Meeting May 7, 2012 Page 3 of 7 Commission wanted to recognize retail and service businesses with a store front, and noted that further recognition of other businesses throughout the Village was also worthwhile. Mayor Rosenthal thinks it is a great effort and highlights how the Village cares for and supports its businesses. Chairman Garfield commended staff for doing a great job. Mayor Rosenthal concurred the Village should also recognize businesses outside the Village Center as well. Trustee Struthers made a motion to accept the report. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -12 -19 AUTHORIZING An Ordinance authorizing the sale and disposition THE SALE AND DISPOSITION OF of certain surplus property owned by the Village CERTAIN SURPLUS PERSONAL of Deerfield. Second Reading. PROPERTY OWNED BY THE VILLAGE OF DEERFIELD — 2R RESOLUTION R -12 -11 AUTHORIZING A Resolution authorizing construction on a State CONSTRUCTION ON A STATE highway. HIGHWAY Trustee Jester made a motion to accept the Consent Agenda. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -12 -20 AMENDING An Ordinance amending the Municipal Code of the THE MUNICIPAL CODE OF THE Village of Deerfield and establishing an VILLAGE OF DEERFIELD AND infrastructure impact fee. Second Reading. ESTABLISHING AN INFRASTRUCTURE IMPACT FEE - 2R Management Analyst Andrew Lichterman reported that staff is recommending an infrastructure impact fee of 0.5 percent of the estimated cost of construction to be assessed starting June 1, 2012 and the revenue will be used to fund the Infrastructure Replacement Fund. He noted a letter was received from the North Shore - Barrington Association of Realtors requesting a cautious review. Trustee Struthers cited statistics from a report of the Government Accountability Office that was consistent with the Village's position and further justified the fee. Board of Trustees Meeting May 7, 2012 Page 4 of 7 Mayor Rosenthal questioned whether it would be a tax or a fee. Mr. Coblentz stated it is immaterial what it is called. He noted this type of fee is not new. Mr. Coblentz stated the Board has been of the opinion that construction related activities have caused damage to public infrastructure. He noted the damage caused by heavy construction trucks is often not easily visible. The general tax payers should not be responsible for repairing damage caused by cumulative construction activity. A fee established at 0.5 percent of the value of construction or demolition would go into the Infrastructure Replacement Fund and be used to repair public infrastructure. It is within the Village's authority to impose this fee. Mayor Rosenthal noted she would prefer calling it an infrastructure impact fee. Trustee Jester inquired whether the intent and expectation would be that the infrastructure impact fee would show up as a revenue line item in the infrastructure replacement fund. Mr. Fialkowski stated it would. Trustee Benton noted that the Residential Redevelopment Task Force received a number of complaints because the streets were in worse shape after construction. Howard Handler, Government Affairs Director with the North Shore - Barrington Association of Realtors, expressed that the vast majority of those taking out building permits are not bringing in heavy trucks. He stated there is a difference between a tax and an impact fee. Mr. Handler noted this is not an impact fee and calling it an impact fee is confusing. Trustee Oppenheim made a motion to adopt the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS ORDINANCE CREATING A NEW Donna Price, owner of Cr8 Workshop, reported LIQUOR LICENSE CLASSIFICATION — her business is a creative arts workshop. CLASS "K" — 1R The business will have workshops and parties for kids and adults. One of the avenues she would like to pursue is hosting adult craft parties with limited liquor service. She is not intending to become a bar. She is looking to provide a relaxing and fun environment for adults to have a social drink and participate in art workshops. Ms. Price noted the wine and beer option would not be available when children were on the premise. Trustee Benton is in favor of the use and clarified the Ordinance would not allow for a BYOB option. Ms. Price noted Ordinance allows for a two drink limit per person per calendar day. Ms. Price stated she is looking to open in June and would be hiring additional staff. Ms. Price would complete BASSET training and she would do what is necessary to train her staff. First Reading was held. 1 AUTHORIZATION TO AWARD Assistant Village Engineer, Bob Phillips, reported CONTRACT FOR LIGHTING SYSTEM the Village owns and maintains 20 residential UPGRADES lighting systems. Most are old and in poor condition. The Village plans to upgrade the lighting systems within the Village over the next five years, with $50,000 per year from the Capital Improvement Program. The Village received two quotes. The low bidder is H &H Electric in the amount of $48,551. Mr. Phillips noted H &H Electric was prequalified by IDOT and has worked in the Village before. Trustee Jester made a motion to award the contract for lighting system upgrades to H &H Electric in an amount not to exceed $48,551. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO INCLUDE Mr. Phillips reported the Cook County Highway LANDSCAPED MEDIANS/PARKWAYS Department is looking to do another large IN THE LAKE COOK ROAD reconstruction project along Lake Cook Road from CONSTRUCTION PROJECT Deer Lake to Ellendale, which would include the installation of medians. The Village looked at incorporating grasses, trees and shrubs into the medians. The total.project cost will be $250,000 and the Cook County Highway Department has offered to pay 50 percent of the cost. The net estimated cost to the Village would be $125,000. As the Cook County Highway Department does not typically maintain landscape medians, the maintenance would become the Village's responsibility. There would be a local agency agreement and maintenance would cost approximately $13,000 per year. Trustee Jester noted the landscape medians would not be irrigated. Mr. Phillips noted the County wants to start construction later this year and he believes it would be advantageous for the Village to go out to bid in conjunction with the County. Mayor Rosenthal asked if the Village could choose the landscaper. Mr. Phillips reported the Village would be dealing with a general contractor. Mr. Street stated that the future landscape maintenance would be administered through a Village contract. Trustee Jester made a motion to include landscaped medians /parkways in the Lake Cook Road construction project. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD A Director of Public Works and Engineering, Barb TWO -YEAR CONTRACT FOR EPA Little, reported the Village has had beneficial use REQUIRED GROUNDWATER of reservoir 29A at Pfingsten and Lake Cook Road. Board of Trustees Meeting May 7, 2012 Page 5 of 7 AUTHORIZATION TO AWARD Assistant Village Engineer, Bob Phillips, reported CONTRACT FOR LIGHTING SYSTEM the Village owns and maintains 20 residential UPGRADES lighting systems. Most are old and in poor condition. The Village plans to upgrade the lighting systems within the Village over the next five years, with $50,000 per year from the Capital Improvement Program. The Village received two quotes. The low bidder is H &H Electric in the amount of $48,551. Mr. Phillips noted H &H Electric was prequalified by IDOT and has worked in the Village before. Trustee Jester made a motion to award the contract for lighting system upgrades to H &H Electric in an amount not to exceed $48,551. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO INCLUDE Mr. Phillips reported the Cook County Highway LANDSCAPED MEDIANS/PARKWAYS Department is looking to do another large IN THE LAKE COOK ROAD reconstruction project along Lake Cook Road from CONSTRUCTION PROJECT Deer Lake to Ellendale, which would include the installation of medians. The Village looked at incorporating grasses, trees and shrubs into the medians. The total.project cost will be $250,000 and the Cook County Highway Department has offered to pay 50 percent of the cost. The net estimated cost to the Village would be $125,000. As the Cook County Highway Department does not typically maintain landscape medians, the maintenance would become the Village's responsibility. There would be a local agency agreement and maintenance would cost approximately $13,000 per year. Trustee Jester noted the landscape medians would not be irrigated. Mr. Phillips noted the County wants to start construction later this year and he believes it would be advantageous for the Village to go out to bid in conjunction with the County. Mayor Rosenthal asked if the Village could choose the landscaper. Mr. Phillips reported the Village would be dealing with a general contractor. Mr. Street stated that the future landscape maintenance would be administered through a Village contract. Trustee Jester made a motion to include landscaped medians /parkways in the Lake Cook Road construction project. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD A Director of Public Works and Engineering, Barb TWO -YEAR CONTRACT FOR EPA Little, reported the Village has had beneficial use REQUIRED GROUNDWATER of reservoir 29A at Pfingsten and Lake Cook Road. Board of Trustees Meeting May 7, 2012 Page 6 of 7 SAMPLING SERVICES AND Because of lead (Pb) contamination at the site, the PROGRAM EVALUATION FOR Village must do ground water monitoring twice per RESERVOIR 29A year. The Village has utilized the services of AE Com to perform semi - annual sampling. The Village has had two -year contracts with them and feels the contracts have been beneficial. The 2012 -2013 contract rate has slightly increased to $14,488. The increase is caused from lab costs which have increased by 12 percent. Ms. Little stated the Village has also asked about finding a good opportunity to speak with IEPA to further reduce or totally eliminate semi - annual sampling. The Village is proposing an additional $3,450 of work. Trustee Benton made a motion to authorize two years of ground water monitoring plus evaluation in an amount not to exceed $32,430. If the Illinois EPA removes the monitoring requirement, the Village would not expend the funds. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO PURCHASE Matt Weiss reported the Village is seeking DESKTOP COMPUTERS approval to purchase 14 desktop computers in an amount not to exceed $10,584. He stated the computers up for replacement are from 2005 — 2006. Seven computers in the Police Department and seven computers in the Finance Department would be replaced. Trustee Jester asked if the computers would come with software. Mr. Weiss stated the computers would have operating systems, but the Village would need to purchase a Microsoft Office suite. He noted the Village would upgrade on a large scale across the Village later in the year. Trustee Jester made a motion to authorize the purchase of desktop computers in an amount not to exceed $10,584. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) APPROVAL OF THE PROPOSAL TO Mr. Street reported staff estimates a cost of between RETAIN KANE, McKENNA AND $8,500 to $12,000 and Deerbrook Mall ownership ASSOCIATES, INC. AS FINANCIAL will reimburse the Village's costs. Staff felt Kane, ADVISOR FOR THE DEERBROOK McKenna and Associates would be best suited MALL REDEVELOPMENT PROJECT to assist the Village. Mr. Coblentz added that Deerbrook Mall ownership would pay up to $15,000 in reimbursements. Trustee Farkas made a motion to retain Kane, McKenna and Associates, Inc. as financial advisor for the Deerbrook Mall redevelopment project. Trustee Oppenheim'seconded the motion. The motion passed by the following vote: Board of Trustees Meeting May 7, 2012 Page 7 of 7 AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) DISCUSSION BREATHE DEEP DEERFIELD Mayor Rosenthal thanked Trustee Struthers for representing the Village at Breathe Deep Deerfield Day. They raised $130,000 for lung cancer research. ADJOURNMENT There being no further business or discussion, Trustee Benton made a motion to adjourn the meeting. Trustee Oppenheim seconded the motion. The meeting was adjourned at 8:30 pm. APPROVED: Mayor ATTEST: Village Clerk 1