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09/04/2012September 4, 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 September 4, 2012 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Thomas Jester William Seiden Barbara Struthers Absent were: Alan Farkas Mary Oppenheim and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Barbara Haupt, former Director of Community Development, led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the August 20, 2012 Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Struthers made a motion to approve the Bills and Payroll dated September 4, 2012. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) PUBLIC COMMENT There was no Public Comment. There were no Reports. RRPORTS CONSENT AGENDA There were no items on the Consent Agenda. 1 Board of Trustees Meeting September 4, 2012 Page 2 o 6 OLD BUSINESS There was no Old Business. NEW BUSINESS ORDINANCE 0 -12 -33 INCREASING THE NUMBER OF CLASS D LIQUOR LICENSES FROM 1 TO 2 (TENNAQUA SWIM AND TENNIS CLUB) — 2R Ordinance. Trustee Jester seconded the mi An Ordinance increasing the number of Class D liquor licenses from 1 to 2 for Tennaqua Swim and Tennis Club. Second Reading. Trustee Seiden made a motion to adopt the )tion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) ORDINANCE 0 -12 -34 AUTHORIZING A Bruce Chanen, lead counsel with JMF Group Law,. TEXT AMENDMENT TO THE ZONING stated he sent a letter on August 29 with answers to ORDINANCE AND A SPECIAL USE the questions from the previous meeting regarding TO ALLOW A GROCERY PARCEL sales tax revenue, anti - idling signage and window PICK -UP CENTER WITH A DRIVE treatment. THRU, AND AN AMENDMENT TO A SPECIAL USE /PLANNED UNIT The petitioner noted they will work with the DEVELOPMENT FOR THE HOME Appearance Review Commission to achieve the DEPOT DEVELOPMENT — PEAPOD desired look for the windows. Mr. Chanen stated PARCEL PICK -UP CENTER - l R the petitioner would also work with the Appearance Review Commission on the anti - idling signage as well. Mr. Chanen noted the issue relating to sales tax revenue comes up in every municipality where they hope to set up a Peapod pick -up location. Although the municipalities want the sales tax generated from their communities to stay in their community, Peapod's analysis of operations does not have a way to accomplish the necessary point of sale qualifying activities. Peapod is a traditional, online retailer. Customers make orders to a central location and the orders come into their distribution center in Lake Zurich. The taxing authorities have deemed the distribution center as the point of sale. Mr. Chanen believes Peapod brings many additional benefits to the community. Mayor Rosenthal asked if customers prepay for their orders or if they pay for their products during pick -up. Mr. Chanen reported the pick -up is similar to a home delivery situation, customers place and pay for their orders online. Mr. Coblentz stated for Illinois sales tax purposes, sales tax is realized when the order is taken. Mr. Chanen stated that online sales are a issue of frequent conversation. Peapod will comply with any future modifications that are made to State law. Board of Trustees Meeting September 4, 2012 Page 3 of 6 Trustee Struthers encouraged Peapod to have a presence in the Village and asked if Peapod would assist with community service and community projects. Mr. Chanen noted Peapod likes to be active in communities where they locate and strive to be good corporate citizens. Trustee Benton made a motion to waive the First Reading of the Ordinance. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) Trustee Struthers made a motion to adopt the Ordinance. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) AUTHORIZATION TO AWARD Assistant Village Engineer Robert Phillips stated DESIGN ENGINEERING SERVICES Paula Trigg of the Lake County Department of CONTRACT FOR DEERFIELD ROAD Transportation was present to answer questions on the County's behalf. Mr. Phillips noted the condition of Deerfield Road has deteriorated over the past few years. There have been a number of water main breaks that have caused more deterioration. In 2010, the Village entered into a Phase I engineering agreement with Christopher Burke Engineering Ltd., which is a preliminary agreement to determine the scope of the project. As a result of the project development report, the Village met with the Federal Highway Administration, Illinois Department of Transportation and Lake County to determine the scope of the project and confirm the project would be available for outside funding to cover expenses for construction and construction engineering. The funding would be appropriated through a combination of programs including federal funding, the Illinois Surface Transportation Program (STP) and the Lake County Department of Transportation (LCDOT). As a condition of the federal funding, the Village is required to pay for Phase I and Phase II engineering. To qualify for County funding, the Village is required to transfer roadways jurisdiction to Lake County. Mr. Phillips noted Lake County's memorandum of understanding (MOU) states a full reconstruction of the roadway would take place and upon completion of the project, the County would take jurisdiction of the roadway. They would own the roadway and would display signs stating it is a Lake County highway and the County would pay the local portion of future capital projects. The MOU also states the Village would maintain permitting authority and routine maintenance. The traffic signals would be reconstructed and interconnected as part of Lake County Passage. The maintenance cost, energy cost and communication cost would be paid for by the Village. The County requested to not fund the project before December, 2015, but would be amenable to reimbursing the Village should the Village begin the project prior to that date. The County would also work on a similar agreement with the City of Highland Park for the roadway east of the Deerfield Village limit. Board of Trustees Meeting September 4, 2012 Page 4 of 6 Mr. Phillips stated the Village would like to begin the project to reconstruct the roadway in 2014 and would like to start the engineering as soon as possible. The estimated project construction cost would be $12 million. Phase I and Phase II engineering would not be eligible for Federal funding. With the jurisdictional transfer agreement, the Village would be responsible for the 6 percent of the cost of the sidewalk on the south side of Deerfield Road. The total Village cost with the jurisdictional transfer agreement would be approximately $3 million including Phase I and Phase II engineering and the Village's portion of the Phase III construction. The division of cost without the transfer agreement would be a 70 -30 split. The Village would be responsible for $6.3 million rather than $3 million with the jurisdictional transfer agreement. The Village is seeking approval of the design agreement to move forward with Christopher Burke Engineering Ltd. The agreement would assist with bidding and letting service, preparation of contract documents and plans. The total amount of the design agreement would be $529,985. Mayor Rosenthal noted it is difficult to give up control of the roadway the Village has controlled for years and recommended the Board consider the Phase II engineering study request tonight and the jurisdictional transfer separately and at a later date because the engineering study is needed to move forward regardless of the jurisdictional transfer being approved. Trustee Struthers asked about the status of Highland Park approving the agreement and questioned what would happen if they did not agree. Mr. Phillips stated the County is actively pursuing the agreement with Highland Park. Trustee Seiden asked if the County would still install the Lake County Passage system in the jurisdictional transfer was not approved. Mr. Phillips noted the Village has already signed an agreement for Lake County Passage. Paula Trigg, Acting Director of Transportation and County Engineer at the Lake County Division of Transportation stated the funds for the project are part of the County's five -year program. Ms. Trigg noted the discussions have been staff discussions and the MOU has not gone before the County Board but they are aware of it. The MOU would not go before the County Board unless the Village and City are interested in passing the agreement. Ms. Trigg stated the County is pursuing the jurisdictional transfer because they believe Deerfield Road is regional thoroughfare that carries regional traffic between municipalities and they can only offer construction dollars to County or State highways. Trustee Struthers asked who would control the repairs and road closures during repairs. Ms. Trigg reported their highest priority is moving traffic and they try very hard to keep roads open. The MOU keeps the permitting and control with the Village, as Deerfield Village staff indicated the Village would want to retain control. Routine maintenance would also remain with the Village. The County would work with Village staff to coordinate future major maintenance projects. Trustee Jester stated the MOU reads differently than the memo received by the Trustees. The memo states future reconstruction, including proposed widening, would require Village and County concurrence. The MOU, on the other hand, states that the Village's concurrence should Board of Trustees Meeting September 4, 2012 Page 5 of 6 not be unreasonably withheld. Trustee Jester asked if Deerfield Road widening was part of the County's 2040 plan. Ms. Trigg stated the 2040 plan is not yet complete but does not envision a road widening in the plan. Trustee Jester asked about Deerfield Road's average daily traffic (ADT) between Waukegan and Wilmot. Mr. Phillips reported Deerfield Road's average daily traffic between I -94 and Waukegan Road is about 17,000. The ADT between Waukegan Road and the east limit of the Village is 23,000. Trustee Jester inquired what ADT would justify a four -lane road. Ms. Trigg noted the ADT would be 17,000 to 20,000; however, they recognize the difference between a County highway in the rural portions of the County and a County highway in a municipal area. Trustee Jester believes the issue is whether the Village wants to sell the control of Deerfield Road for $3 million. Mayor Rosenthal stated the Village suffers from a lack of County participation. Lake County does very little in the Village; however, the taxes collected from Deerfield residents are significant. She appreciates that Lake County wants to do something for the Village but believes there should be some way for Lake County to participate in the Village while keeping the road under Village jurisdiction. Mayor Rosenthal stated the Village has fought any widening of Deerfield Road in the western portion of the road. The Village is trying to improve the sidewalks on the eastern portion of Deerfield Road, to create a safer situation. Ms. Trigg reported their initial proposal was to give jurisdiction of Deerfield Road to the County and they will continue to work with Village staff to come up with an acceptable solution. Trustee Struthers stated there are two grade schools where young residents cross Deerfield Road. Ms. Trigg stated the County staff is professional and would take those things into account. Mr. Street noted the school crossing guards control the traffic signals during the prime crossing periods. Trustee Jester made a motion to award the design engineering services contract for Deerfield Road to Christopher Burke Engineering Ltd. in an amount not to exceed $529,985. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) AUTHORIZATION TO AWARD Trustee Jester made a motion to award the contract CONTRACT FOR CRACK SEALING for crack sealing operations to North Suburban OPERATIONS Asphalt in an amount not to exceed $17,600. Trustee Benton seconded the motion. Trustee Struthers asked if traditional or green asphalt is used when sealing the cracks. Mr. Phillips stated they would use traditional asphalt as he was unaware of a green option but Mr. Phillips would look into it. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) 1 Board of Trustees Meeting September 4, 2012 Page 6 of 6 DISCUSSION ELECTRONICS COLLECTION Mayor Rosenthal noted at the August 18`h electronics collection, the United Way obtained 12 flat screen monitors that they donated to the schools. She encouraged residents to bring old monitors they no longer use to the electronics collection sites when the United Way is present. IN MEMORIAM Mayor Rosenthal noted former School Board member Jeanne Schwaba passed away recently. She was a friend of the Village and also served on the Village caucus. She will be missed. NEXT MEETING Manager Street noted the next Village Board meeting will take place on Tuesday September 18, 2012 in observance of the Rosh Hashanah holiday. ADJOURNMENT There being no further business or discussion, Trustee Struthers made a motion to adjourn the meeting. Trustee Jester seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:18 pm. APPROVED: Mayor ATTEST: Village Clerk 1 1