11/03/1987The regularly scheduled Village Board meeting of Monday, November-2, 1987
was held on November 3, 1987 due to a lack of a quorum.
November 3, 1987
The regular meeting of the Board of Trustees of the Village of
Deerfield was called to order by the Clerk in the Council Chamber of the
Village Hall on Tuesday, November 3, 1987 at 8:00 P.M. Upon motion of
Trustee Swanson, seconded by Trustee Rosenthal and unanimously approved,
Trustee Marty was named Mayor Pro Tem. The Clerk called the roll and
announced that the following were
Present: Cynthia J. Marty, Mayor Pro Tem
Harriet E. Rosenthal
Vernon E. Swanson
J. Robert York
Absent: Bernard Forrest, Mayor
James L. Marovitz
Edwin B. Seidman
and that a quorum was present and in attendance. Also present were
Village Manager Robert Franz and Village Attorney James Stucko.
Truste Rosenthal moved, seconded by Trustee Swanson, that the minutes of
the previous meeting be approved. Motion carried unanimously.
ENGINEERING Village Engineer James Soyka appeared before the
DEPARTMENT Board to discuss the written status report he had
OBJECTIVES submitted. He noted that most of the projects
that had been scheduled were completed. The
sewer rehabilitation and pumping station projects would be completed by
mid - December. The Lake -Cook Pfingsten Bridge project is about 2 months
behind schedule due to difficulties in relocation of two gas mains.
This delay may result in extra costs for winter concreting.
AMENDMENT - SPECIAL USE Deerfield Federal Savings & Loan wish to expand
DRIVE - THRU /DEERFIELD the size of their drive -thru building to better
FEDERAL SAVINGS serve their customers. Trustee Swanson moved,
seconded by Trustee Rosenthal, that the recom-
mendations of the Plan Commission and VCDC re amendment to Special Use
for drive -thru expansion, Deerfield Federal Savings & Loan be approved
and the Attorney directed to prepare the necessary ordinance. Motion
carried unanimously.
SPECIAL USE /DEERBROOK Joseph Valenti Jr., representing petitioner,
SHOPPING CENTER - displayed a sketch of the proposed Homemakers
HOMEMAKERS warehouse. A furniture warehouse does not fall
within permitted uses listed in the C -2.
Petitioner requests an amendment to the Zoning Ordinance to include this
type.facility.
Trustee Swanson moved, seconded by Trustee Rosenthal, that the recom-
mendation of the Plan Commission re Special Use for Deerbrook Shopping
Center /Homemakers be accepted and the Attorney directed to prepare the
necessary ordinance. Motion carried unanimously.
CHESTNUT STATION - Petitioner wishes to omit the sidewalks which
SUBSTANTIAL were previously approved for the Chestnut
CONFORMANCE Station and requests a. finding of substantial
conformance to the final development plan.
Trustee Swanson moved, seconded by Trustee Rosenthal, that the
recommendation of the Plan Commision re request for a finding of
substantial conformance re Chestnut Station (Deerfield & Chestnut) in
accordance with the plans submitted to the Plan Commission be accepted.
Motion carried unanimously.
TOLLWAY NORTH - Michael Faber, representing petitioner, discussed
SIGNAGE PLAN the modification and placement of the sign being
CHANGE submitted for approval. Board members were
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concerned.that the placement of the sign was too close to Lake Cook
Road. It was suggested that a sketch of the new sign and its placement
on the property be submitted for review and further discussion of the
request for finding 'in substantial conformance be postponed.
Trustee Rosenthal moved, seconded by Trustee Swanson, that the report
and recommendation of the Plan Commission re request for finding of
substantial.conformance for Signage Plan changes - Tollway North (Walsh,
Higgins) be tabled until the next meeting. Motion carried unanimously.
0 -87756 ORDINANCE Trustee Rosenthal moved, seconded by Trustee York,
ADA'S DELICATESSEN that rules be waived to permit.passage of
LAKE -COOK PLAZA Ordinance amending POD and Special Use_re Ada's
Delicatessen, Lake -Cook Plaza on first reading.
Motion carried unanimously. .
Trustee Rosenthal moved, seconded by Trustee Swanson, that the Ordinance
amending PUD and Special Use re Ada's Delicatessen, Lake -Cook Plaza be
adopted. Motion carried by the following vote:
AYES: Marty, Rosenthal, Swanson, York (4)
NAYS: None
HAWTHORN LANE WATER Mary Ann Cronin, representing Deerfield Saunders
PUMPING STATION & Joint Venture, spoke to the Board about the 2 year
RESERVOIR warranty period specified in the agreement between
Riverwoods, Deerfield and developers regarding the
pumping station. Inasmuch as the facility has been operating satisfac-
torily for two years, petitioner is requesting a one year warranty
period. In order to avoid amending the agreement and if this is
agreeable to the Board, petitioner will draft a side letter to the
Villages of Deerfield and Riverwoods specifying a one year warranty
period.
Trustee Swanson moved, seconded by Trustee Rosenthal, that the Village
be authorized to accept the Hawthorne Lane Water Pumping Station and
Reservoir system; the Village is willing to accept a one year warranty
period versus a two year period and Deerfield Saunders Joint Venture
.will provide a letter to that effect. Motion carried unanimously.
MFT SUPPLEMENTAL
RESOLUTIONS
several years ago.
completed and closed
Village Engineer James Soyka stated that a recent
audit by MFT auditors revealed two supplemental
resolutions are necessary for projects completed
The bills have been paid and the projects are
out.
Trustee Swanson moved, seconded by Trustee York, that the resolutions
authorizing expenditure of MFT funds for Wilmot Road improvements
between Deerfield Road and Lake Cook Road in the amount of $2,534.95 and
the rehabilitation of Deerfield Road between Park Avenue and Wilmot Road
in the amount of $18,676.95 be passed. Motion carried by the following
vote:
AYES: Marty, Rosenthal, Swanson, York (4)
NAYS: None (0)
AGREEMENT - Soo Village Engineer James Soyka discussed the
LINE RAILROAD agreement the Village signed with Soo Line
Railroad for the Kates Bridge utility relocation.
The railroad sent the Village an agreement for relocation of railroad
signal lines and providing railroad flagmen for the job. In order to
prevent work stoppage on this project, the Village signed the agreement
in the amount of $25,729 (funds of $100,000 had been previously.
allocated for this type of expense). The Board was requested to confirm.
acceptance of this agreement.
Trustee York moved, seconded by Trustee Swanson,' that the agreement with.
_ the_ Soo ..Line....Railr.oad for Kates. Bridge, .Utility Relocation in the amount..
of= $25,729 be accepted. Motion carried by the following vote:
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AYES: Marty, Rosenthal, Swanson, York.(4)
NAYS: None (0)
DISCUSSION ITEMS: Trustee.York commented on a gasoline delivery
truck tying up traffic in the central business
district during the rush hour. He suggested the Village explore the
possibility of restricting delivery by oversized vehicles during certain
hours to alleviate the traffic congestion in the business district.
Trustee Swanson discussed an article on Winnetka's efforts to revitlize
their business district whereby service oriented businesses are
prohibited from taking any new ground floor space in designated shopping
areas. He suggested staff determine the amount of ground floor retail
space in Deerfield occupied by retail and service oriented entities. A
computerized program containing information on rental space would be
helpful.
There being no further business, upon motion of Trustee York, seconded
seconded by Trustee Swanson, the meeting adjourned at 9:00 P.M.
ATTEST:
Village Clerk
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APPROVED:
Mayor FP,0 CEnj
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STATEMENT REGARDING UNION DRAINAGE DISTRICT #1
Since last April, the Village has been involved in a law suit with the Union Drainage
�-� District #1 due to their failure to repay a 1982 loan granted by the Village to increase
water flows in the West Fork. The loan was based on an agreement whereby the District
was to repay the loan, plus interest, by January 2, 1984. At the time, the District had
limited funds because of earlier court action that postponed their normal assessment
procedures. In order to expedite flood relief for residents along the West Fork, the
Village agreed to lend the District $200,000, thereby allowing the improvements to be
made.
.In 1985, the District apparently received money through both .a regular and special assess-
ment of the properties in the watershed. According to the District's audit and financial
statement filed with the State of Illinois, the District had a $354,074 fund balance as of
September 30, 1986. However, instead of repaying its debt to the Village, the District
retained this money. Based on information available to us, we have no way of knowing
how these public funds were invested. Additionally, the District began to incur operating
expenses of approximately $32,000 annually. The Village strongly questions the need'for
these administrative costs and believes they are totally unnecessary for the proper
operation of the Drainage District.
Due to the lack of accurate and specific financial data available to the public, it is
impossible to tell exactly how District funds have been used. To the best of our know-
ledge, however, no money has been spent directly on projects that would improve storm
water management, which is the sole function and responsibility of the District.
Last week, the Village agreed to settle the law suit by acceptina $95,000 of the $113,000
still owed. Although we were reluctant to accept less than the full amount due, we
saw little to be gained by two local governmental bodies spending taxpayers' money on
further litigation.
It has recently come to our attention that the District held an election on September 8,
1987, at which time Marjorie Rogers, an incumbent commissioner, was purportedly re-
elected for a three year term. A total of 11 votes were cast. In researching the matter,
it was found that the legal notice for the election was published in the Waukegan News
Sun and the Chicago Daily Law Bulletin. There was NO announcement for this election in
any of the three local newspapers published weekly in Deerfield nor where there any
notices posted in public places as has been the practice in the past. We can only
assume that the Drainage District was not interested in conducting a fair and repre-
sentative election in which all eligible voters could participate.
Since 1982, few issues in Deerfield have evoked more interest than storm water manage-
ment. Yet the three member Drainage District Board found it convenient to hold what
can only be considered a "private" election. This is an insult to the voting public
and it is compounded by the fact that the Drainage District has not held an election
since 1983. In that year, a suit challenging the election of a commissioner resulted
in a temporary stay of further elections. The suit was apparently resolved in January
of 1985, but no elections were scheduled until this year. In effect,-the current
commissioners - by legislative fiat - extended each of their terms to six years, as
opposed to the three year term allowed by State Statute.
In attempting to learn of the District election held in September, the Village requested
basic information. When it was not forthcoming as promised, we requested the material
under the Freedom of Information Act. The District responded that more than the
—� regular seven days were needed to produce the information and indicated it would be
available on September 30th. We finally received the material on October 2nd ... a
clear violation of the State Freedom of Information Act.
STATEMENT. REGARDING UNION DRAINAGE DISTRICT #1 Page 2
In light of these irregularities, the Village filed a petition in Lake County this
morning for a proper election of commissioners for the Union Drainage District #1.
Because of the major flood retention projects now under design, it is critical and
important that commissioners be duly chosen by the voters in a public election and
that they be accountable to the people whom they represent.
November 2, 1987