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12/16/1985lqy December 16, 1985 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Mayor in the Council Chamber -of the Village Hall on Monday, Decem- ber 16, 1985 at 8:00 P.M. The Clerk.called the roll and announced that the follow- ing were Present: Bernard Forrest, Mayor Cynthia J. Marty Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: James L. Marovitz and that a quorum was present and in attendance. Also present were Village Manager Robert D. Franz and Village Attorney James K. Stucko. Trustee Seidman moved, seconded by Trustee Marty, to approve the minutes of the previous meeting. Motion carried unanimously. APPROVE WARRANT NO. W -85 -12 Trustee Seidman moved, seconded by Trustee Marty, to approve the bills and payroll. The motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) TREASURER'S REPORT Finance Director George Valentine reported that Sales Tax receipts in November for Aug- ust sales.were down about 67 from last year. However, the Illinois Department of Revenue has advised that due to a change in the Illinois statutes they have changed their method of operation and will not be able to provide a breakdown of November and December receipts. Distribution of these months will be made at a later date. Expenditures for operating departments are at Fund revenues are $173,000 over expenditures, is owed to them. The current rate of Variable siderable increase over November's 4.557. The an increase for all types of tax free debt in code. The short term rates should continue at downward. PROCLAMATION & PRESENTATION OF AWARDS TO FACULTY & STAFF OF SHEPARD JUNIOR HIGH SCHOOL or close to budget projections. Water but Highland Park claims $130,000 Rate Demand Notes is 6'.757, a con - increase had been expected due to anticipation of charges in the tax the current rate and then start Mayor Forrest read his Proclamation- acknow-ledging the pride of all Deerfield in the Shepard Junior High School, the Staff, the students and their parents for the Nation- al Recognition Award the school had received for high level of achievements, strong leadership, high___expectations for student performance and its heavy emphasis on aca- demics. Trustee Marty moved, seconded by Trustee Swanson, to approve the proclamation. Motion carried unanimously. Mayor Forrest and Mr. Dante DiVirgilio, Principal of Shepard Jr. High School, congratulated and presented each teacher with a plaque. PRESENTATION BY A.A.I.M. Mr. Louis Greenwald, a founder of Alliance TO POLICE DEPARTMENT Against Intoxicated Motorists (A.A.I.M.) was present. He stated that after seeing his family's car knocked off Edens Highway, he started delving into the problem of drunk- en drivers. He found that not too many citizens care about these drivers and that prosecutors are quick to give only supervision rather than convictions to drunk drivers. In Lake County there is only a 287 conviction rate for all such drivers. He stated that the people who really care are mainly police departments. The Police Department in Deerfield, in A.A.I.M.'s opinion, is doing a magnificent job in trying to reduce the number of drunken drivers. He presented a plaque to Chief Brandt in recognition of the Police Department's efforts to end drunken driving. Police Chief Brandt accepted the plaque in behalf of all the police offiers "who do the work ", and added "without the support and blessing of the Mayor and Board of Trustees as well as the residents of Deerfield the job couldn't be done." _`Iayor Forrest thanked Mr. Greenwald for the presentation. 1 1 i i •I t + � i TOLLWAY NORTH /HYATT HOTEL Manager Robert D. Franz stated that the Plan ANNEXATION PETITION Commission had held a joint public hearing PLAN COMM. REP. /RECOMMENDATION with the Board of Trustees on October 24, 1985 and a separate follow -up meeting on Nov - ember 21, 1985 to consider the request of Tollway North Corporation for the annexa- tion of their property into"the Village of Deerfield. On a vote of 5 -0, the Plan Commission recommended that the property be annexed to the Village with certain approvals, conditions and variations, totaling twenty- seven. The petitioner wishes to annex with the four large office buildings on the northern parcel as well as the parking structure. The fifth building at the far western end of the north parcel, the One Hundred building, would be demolished and replaced with an office building of approximately 150,000 square feet. The southern parcel would be dev- eloped witha 300 -room hotel and office building.- The hotel would contain a res- taurant and lounge area as well as other accessory uses such as meeting and ban- quet facilities. Mayor Forrest asked Mr. Christopher Noon, Executive President of Walsh, Higgins and Co., petitioner, if there was any difference in what had been presented to the Plan Commission's follow -up meeting and that which had been presented at the joint meeting. Mr. Noon stated that there were a few minor changes, primarily reorganiza- tion of the parking plan and shared parking. He explained in considerable detail how they could meet the zoning ordinance requirements for parking. He added.that it would be necessary to have Deerfield waterfor the proposed hotel, but that they .might be able to use the County sewer facilities for new office buildings as in the case of existing buildings. Trustee Rosenthal was concerned that the Board had not been presented with a sign plan by the Plan Commission. Mr. Noon replied that they had presented both a sign plan and landscaping plan, close to ordinance requirements, but they had been asked to hear comments from the Board and return to the Plan Commission to discuss them. Trustee Swanson stated that unlike other developers in Deerfield who have appreciated the quality of the environment, are sensitive to their. neighbors, and in some cases have committed significant monies to being better neighbors, the property under consideration contains only medium quality buildings with a high floor area ratio. He'felt the proposal seemed to exceed even the density of the proposed development for Lake -Cook Road /Milwaukee Avenue about which the Board had complained to Buffalo Grove. Also, the written material received by the Board had not evidenced any real concern for the impact of the project on the neighborhood. He favored annexation, but not with the proposed density. Trustee York stated that he was not opposed to a Hyatt Hotel, but felt that the development was far from Class A and another office building on the south parcel would make the site far too crowded; thus, he could not vote for the proposal. He felt no thought had been given to making something "nice in the community" and he questioned the figures submitted regarding taxes which would accrue to Deerfield. Trustee Seidman said he saw "something too dense too large, and hotel violation of Village liquor that she was disappointed in the density and tho at the joint hearing. Mr. Noon pointed out they that they had been trying to up -grade the office density by 10,000 to 15,000 square feet. with too many signs which were ordinances." Trustee Marty stated .fight that point had been made clear were not the original developers, buildings, and had reduced the Trustee Rosenthal felt that the 75 -foot height should include mechanicals as was the case-in the Arborlake development. She preferred orienting the entire develop- ment toward Lake -Cook Road rather than to Wilmot Road, and felt that signage and lighting of the hotel should be geared toward the tollway.. Mayor Forrest generally agreed with most of the Board's statements. He felt it was a mistake for the Village to grant higher density to a developer because of land costs. He favored approval of the Hyatt Hotel if it meets village ordinances, but felt the density of the office buildings would have to be reduced 20 %. Mr. Noon stated he was not sure they were prepared to make such density reductions. With respect to residential neighborhoods; heavily landscaped berms along Wilmot Road had been planned. Mayor Forrest stated that it was obvious that the Board wished: 1)reduction in den- sity, 2) a signage and landscaping plan, 3) evidence that residences are protected from view of the complex. Also, they are concerned about curb cutting, lighting, and traffic... Trustee Rosenthal moved, seconded by Trustee Swanson, to table the recommendation until the developer wishes to.come back and respond to the Board's concerns and /or say "take it or leave it ". Motion carried unanimously. The Board recessed at 9:15 and reconvened at 9:24 with all members present and in attendance. APPOINTMENTS RECOMM.'OF MANPOWER COMMISSION POLICE PENSION BOARD CABLE ADVISORY BOARD ELECTRICAL COMMISSION SAFETY COUNCIL ENERGY ADVISORY COUNCIL Mayor Forrest stated he wished to make the following appointments:. Harry Morgan to 1987 Louis Adler and Doris Reothlishberger both to 1988 Charles J. Smalley, Ch.; James R. Brown; Jack Gagne; Ted Galvani; John Liske; Richard R. Osman - All to 1989 Jeffrey Rabin to 1987 A. Charles Scott to 1986 PLAN COMMISSION Michael Schwartz - Chairman Trustee Seidman moved, seconded by Trustee Swanson, to approve the Mayor's appoint- ments. Motion carried unanimously. -MARRIOTT COURTYARD INN Manager Franz reported that the Board of Zon- SIGN ORDINANCE MODIFICATION ing Appeals had held a hearing on November 26, 1985 to consider the petition of the Marriott Corporation for a sign ordinance modification to permit a temporary directional sign to be erected on the Chi Chi Restaurant property as the Marriott Courtyard Inn will not have direct access to Lake -Cook Road until the Pfingsten Road extension is complete. On a vote of 4 -0, the BZA recommended that the requested modification be granted with the stipulation that the temporary sign remain until the Pfingsten Road extension is complete or until January 1, 1987 whichever is first. Trustee Seidman moved, seconded by Trustee Marty, to accept the recommendation of the BZA and to direct the Village Attorney to prepare the necessary ordinance. The motion carried unanimously. OFFICIAL MAP UPDATE First reading of ordinance. STARWOOD BUILDERS Attorney Stucko reported that Starwood SALE OF PROPERTY Builders had signed a contract for. $5,600 to purchase floodplain land owned by Deerfield on the east side of the Middle -Fork Creek. Trustee Seidman moved, seconded by Trustee York, to authorize the Mayor to sign the contract. Motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) RESCIND RESTRICTION Trustee Seidman reiterated his objections, ON BONDED INDEBTEDNESS voiced at the previous Board meeting, to RESOLUTION NO. R -85 -20 rescinding the existing Resolution. He preferred an amendment whenever necessary. Trustee Rosenthal stated she saw no difference in making an exception by amend- ment each time and rescinding the resolution. Thereafter, Trustee Marty moved, seconded by Trustee York, to adopt the Resolu- tion rescinding restrictions on bonded indebtedness. Motion carried, Trustee Seidman voting Nay. $6.9 MILLION BOND ISSUE It was noted that the $6.9 Million bond CAPITAL IMPROVEMENT PROGRAM issue confirms the decision made by the ORDINANCE NO. 0 -85 -56 Board, after considerable review last sum- mer, to implement recommendations of its engineer consultant, Baxter and Woodman. It involves approximately $6 Million for sanitary sewer improvements throughout the community and $1 for street rehabil- itation work. Trustee Seidman moved, seconded by Trustee Marty, to waive the rules to permit the passage of the ordinance on first reading in order to get the issue out before the end of the year. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, to pass the ordinance regarding the $6.9 Million bond issue for the capital improvement program. Motion carried as following: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) 1 1 1 AGREEMENT BETWEEN VILLAGE & BANK PROVIDING FOR REVOLVING CREDIT and BOND PURCHASE CONTRACT BETWEEN VILLAGE AND JOHN NUVEEN & CO and REMARKETING AGREEMENT BETWEEN VILLAGE AND JOHN NUVEEN & CO. aa/ Trustee Seidman moved, seconded by Trustee York to. approve the: 1).Agreement Between the Village and Bank Providing for Revolving Credit, 2) Bond Purchase Contract Between Village and'John Nuveen & Co., and 3).Remarket- ing Agreement Between the Village and John Nuveen & Co., substantially in the form pre- sented to the Board of Trustees, and to auth- orize the Mayor and Clerk to execute these documents, prior to or at the closing, with whatever additional revisions, of an in- cidental nature which may happen between the Board.meeting and the actual closing. Mayor Forrest asked about costs or conditions of this bond issue which were different from the previous $4.1 variable rate bond issue. Finance Director George. Valentine and John Peterson of Nuveen & Co. explained that this issue is essentially a clone with only minor differences: 1).The manner of abatement is changed, 2) Nuveen & Co. is increasing the money Deerfield will get, thereby decreasing their price, and 3)National Westminister Bank has been required to operate under conditions more ad- vantageous to Deerfield and the bond holder but more onerous to them and so have raised their price a bit. The motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) ABATEMENT OF 1985 TAX LEVY ORDINANCE NO. 0 -85 -57 unanimously. Trustee Seidman moved, nance abating the 1985 Tax Levy for Trustee Seidman moved, seconded by Trustee Marty, to waive the rules to pass the ordi- nance on first reading. Motion carried seconded by Trustee Marty, to pass the ordi- debt service. Finance Director George Valentine explained that the purpose of a tax levy is to inform the County to levy a lesser tax than the County had been advised, by either a tax levy on property or a bond ordinance establishing a yearly levy for the life of a bond issue. The abatements arise because the Village has money in other areas which it can. use instead of funds from a tax levy. This abatement is in the amount of $383,160. This action is in accord with the Truth in Taxation hearing held earlier this year. The motion to abate the 1985 Tax Levy carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) INDUSTRIAL WASTES AMEND SURCHARGE RATES ORDINANCE pound. Village Engineer Soyka incurred when treating extra -s been amended since adoption of RETAIN ENGINEERING CONSULTANT FOR 1986 STREET REHAB. PROGRAM First reading of an ordinance amending the rates foz extra - strength BOD from 9 cents per pound to 21 cents per pound and the settable solids from 13 to 17 cents per explained that the raised rates are actual costs trength industrial waste water. The rates have not the original ordinance in 1977. rehabilitation program before a recommended the design firm of during 1985 in the North Trail street resurfacing elsewhere. for total engineering costs.not of possibly $3,000. Manager Franz stated that a consultant should be retained early to prepare Mans and specifications for-the 1986 street bid date in early spring. Village Engineer Soyka Ciorba Group which has performed very adequately subdivision street reconstruction as well as The Ciorba Group submitted a proposal of $56,404 including a soil material subconsultant's fee Following a discussion, Trustee Marty moved, seconded by Trustee Seidman, to re- tain the Ciorba Group to design and supervise the 1986 Street Rehabilitation Pro- gram in an amount not to exceed $56,404 plus the cost of material testing. Motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) AWARD CONTRACT FOR (EVCOR) Finance Director George Valentine reported NEW COPY MACHINES that a new copier was approved in the last budget and a Xerox, IBM and Ricoh 6085 had been tried on a loaner basis. The Ricoh 6085 is an excellent copier and required only one service call during a three - month's trial period. Three representatives quoted prices for the Ricoh 6085, but Evcor offered the best package, $9,700 for the copier and $3,624 annual maintenance. a ()')- The police department has a Xerox which they intend to replace next year because of rising maintenance cost due to weekly malfunctions. They would like to buy a smaller Richo 4065 which will meet their needs and which will cost $3,440 rather than $4,900 if bought along with the Ricoh 6085. . Their maintenance cost will be only $802 per year rather than the $1600 they are now paying. Purchase of both machines will be under budget. Trustee Marty moved, seconded by Trustee York, to purchase the Richo 6085 and Ricoh 4065 from Evcor Electronic Business Systems for an amount not to exceed $13,140. Motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) VIADUCT BANNER REQUEST SCHOOL DISTRICT 27, 1986; and August 26 to grant permission for tratively for the other Township High School No. 113 requested per- mission to erect a banner at the railroad viaduct from January 7 to 21, 1986; May 13 to to September 9, 1986. After discussion the Board decided the first period requested, and permission given adminis- two periods if they not been asked for by other organizations. Trustee Seidman moved, seconded by Trustee York, to grant permission for the first period requested and later for the other periods if there is no competition. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned at 10:05 P.M. APPROVED: Mayor ATTEST: -Village & erk/ / 1 1 J