09/02/1997September 2, 1997
The regular meeting of the Board of
Trustees of the Village of
Deerfield was
called to order by Mayor Forrest in
the Council Chamber of the
Village Hall on
Tuesday, September 2, 1997, at 8:00
P.M. The Clerk called the
roll and
announced that the following were:
Present:
Bernard Forrest, Mayor
Marvin W. Ehlers
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Michael Swartz
and that a quorum was present and in attendance. Also present were Attorney
James Stucko and Village Manager Robert Franz.
APPROVAL OF MINUTES Trustee Seidman made a motion, seconded by
Trustee Swartz, to approve the minutes of the
previous meeting. The motion passed unanimously.
PRESENTATION OF 25 YEAR EMPLOYEE Mayor Forrest presented Tom Creighton with a
SERVICE AWARD gold watch in recognition of 25 years of
service as Deerfield's Youth Director.
CONSENT AGENDA
ORDINANCE 0 -97 -36 VACATING PORTION
OF PROPERTY ALONG KATES ROAD (WHICH
WOULD REVERT BACK TO WHITEHALL
NORTH CONVALESCENT HOME)
no longer needed.. Second reading.
Whitehall North Convalescent Home dedicated
thirty feet of right -of -way to be used for
public street improvements. With the current
project to realign Kates Road at its
intersection with Waukegan Road, this ROW is
ORDINANCE AMENDING SPECIAL USE FOR An ordinance amending a special use for
MITCHELL PARK, DEERFIELD PARK DIST. Mitchell Park. The park district is
proposing to construct a kidney shaped wading
pool, relocate a wrought iron fence and make other improvements. First Reading.
ORDINANCE APPROVING A SPECIAL USE
FOR A RESTAURANT AT 190 WAUKEGAN
ROAD, ST. LOUIS BREAD COMPANY/
HERITAGE
An ordinance approving a special use to
permit the establishment of a St. Louis Bread
Restaurant at 190 Waukegan Road. First
Reading.
ORDINANCE INCREASING NUMBER OF An ordinance increasing the number of Class E
CLASS E LIQUOR LICENSES FROM NINE Liquor Licenses from nine to ten, at the
TO TEN, SPAZIO ITALIAN RESTAURANT request of Spazio Italian Restaurant, 483
Lake Cook Road. First Reading.
Trustee Rosenthal made a motion to adopt the
Consent Agenda and pass the ordinance. Trustee Swartz seconded the motion. The
motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
OLD BUSINESS
The ordinance regarding licensing of massage
establishments, tabled 7/7/97, remained tabled.
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UFW RTiSTNT':SS
AUTHORIZATION TO PURCHASE
RECIRCULATING PUMPS FOR THE
ANAEROBIC DIGESTERS AT THE
WASTEWATER TREATMENT FACILITY
Mr. Soyka is requesting authorization
in an amount not to exceed $43,950.
Two recirculating pumps have been scheduled
to be installed in the anaerobic digesters to
reduce operational difficulties. $40,000 has
been budgeted for the pumps. The cost of the
pumps, delivery, and installation is $43,950.
to purchase two Vaughan recirculating pumps
Trustee Seidman made a motion to approve the
purchase of two Vaughan recirculating pumps in an amount not to exceed $43,950.
Trustee Heuberger seconded the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
AUTHORIZATION TO APPROVE ENGINEERING $132,000 has been budgeted for sanitary sewer
SERVICES FOR THE NORTH AVENUE SEWER improvements on North Avenue, east of
REHABILITATION Waukegan Road. Baxter and Woodman completed
a report in January 1997 in which they
recommended lining the existing 12" sewer in order to eliminate maintenance
problems and to restore the structural integrity of the pipe. The engineering fee
to develop this work is based on an hourly rate for actual time and other
customary expenses which in total will not exceed $17,000. This includes the
design through the award of bid. Mr. Soyka recommends acceptance of the Baxter
and Woodman proposal for the North Avenue sewer rehabilitation in an amount not to
exceed $17,000.
Trustee Swartz made a motion to accept the
Baxter and Woodman proposal in an amount not to exceed $17,000. Trustee Rosenthal
seconded the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None
RESOLUTION R -97 -14 RE DESIGN AND IDOT requires that a resolution be passed in
CONSTRUCTION OF WAUKEGAN ROAD /NORTH which the Village agrees to fund the
AVENUE TEMPORARY SIGNAL temporary signal and interconnect at Waukegan
Road and °North Avenue at an estimated cost of
$182,000. This amount is made up of the engineer's estimate of probable
construction cost ($165,000) and the cost for engineering design and construction
management ($17,000) which was approved at the Board meeting of 5/5/97. Mr. Soyka
reported that the contract for construction should be ready to sign in 4 -5 weeks.
The temporary signal should be up and running 6 -8 weeks after that. The State has
come up with funds (up to $162,500) for the permanent signals and intersection
improvements.
After discussion, Trustee Seidman made a
motion to approve a resolution authorizing the Village to spend up to $182,000 for
the temporary signal. Trustee Heuberger seconded the motion. The motion passed
by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
APPROVAL OF AGREEMENT WITH STATE
FOR TEMPORARY SIGNAL AT WAUKEGAN
ROAD/NORTH AVENUE
of both parties.
An agreement between the Village and the
State is required for the temporary signal
at Waukegan Road and North Avenue. The
agreement will spell out the responsibilities
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Trustee Swartz made a motion to approve the
agreement. Trustee Heuberger seconded the motion. The motion passed unanimously.
DISCUSSION
PLACEMENT OF TRAFFIC CONTROLLER BOX Greg Herriges of 435 Deerfield Road attended
the meeting to discuss the proposed movement
of a traffic controller box from its current site on the southwest corner of
Deerfield Road and Kipling Place to the southeast corner as part of the proposed
improvements planned for that intersection. Part of the reason is for safety.
Currently the school crossing guard keeps children off the box, which is on school
property. If the box is moved, it will be on Mr. Herriges' property, under a tree
from which children could jump down on it. Also, blind spots would be created by
the box. Finally, Mr. Herriges is concerned that the box will lower his property
value. Mr. Herriges brought with him a petition signed by 54 individuals who
support his request.
Mr. Soyka commented that, in his opinion, the
safest placement for the box is on the southeast corner, but he and the Village
consultants have looked at the project and have concluded that the box can remain
on the southwest ROW. A temporary box will, however, have to be placed on the
southeast corner for two to three months during the intersection reconstruction.
After discussion, Board members agreed that the new traffic controller box should
be placed on the southwest corner.
DISCUSSION RE 617 CENTRAL AVENUE Rick Patinkin, attorney and Deerfield
resident, was in attendance to express his
view that Anna Pamula, who recently purchased 617 Central Avenue and planned to
open a spa at that location, has been treated unfairly by the Village, both during
the time she was going through the various steps required for getting approval for
her spa, and currently in its attempt to purchase the property from her and
include it in the Central Avenue Redevelopment Plan.
Although Board members disagreed with Mr.
Patinkin's analysis of the matter, it was agreed that staff, special counsel
Morrison and Mr. Patinkin will get together as soon as a meeting can be arranged
and attempt to come up with a purchase °price for the property that is fair to all
parties.
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ORDINANCE 0 -97 -37 RE ACQUISITION OF Mayor Forrest reported that it is necessary
REAL ESTATE (KNAAK PROPERTY) for the Village to take action to see that
development of the southeast quadrant is done
as a unified whole. This will require the acquisition, by purchase or
condemnation, of the Knaak property. Mayor Forrest requested authorization for
Special Legal Counsel, Joseph Morrison, to begin negotiations for the purpose of
acquiring the parcel.
Trustee Seidman made a motion to adopt an
ordinance granting the authorization. Trustee Swartz seconded the motion.
Trustee Swartz made a motion for a waiver
of the rules to permit the ordinance to be voted on at First Reading. Trustee
Ehlers seconded the motion. The motion passed unanimously.
The motion to grant the authorization passed
by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
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DISCUSSION RE DESTRUCTION OF Jay Robinson attended the Board meeting to
DANGEROUS ANIMALS relate his experience on July 17 when, while
attending a garage sale in Deerfield, he was
approached and threatened by two rotweiler dogs. The homeowner called 9 -1 -1, but
due to a misunderstanding, no police officers responded. The dogs eventually left
but returned later and threatened someone else. The animals were later captured
by the police and their owner was fined $225. Current Village ordinances do not
permit the destruction of such animals, but Mr. Robinson commented that dogs that
.bite should not be permitted to go on living.
Officer Yagecic related an earlier incident
in which he was bitten by the same dogs.
Chief Anderson gave additional details of
the July 17`h incident and reported that the animals have been removed from the
community by their owner. Under current ordinance provisions, removal can be
required only if an animal has been proven vicious. Chief Anderson would like the
ordinance to be amended so that an animal only has to display vicious behavior
before removal from the community can be required.
After discussion, it was decided that staff
will study our ordinance and those of other communities to see what improvements
can be made.
EXECUTIVE SESSION
to discuss land acquisition.
Trustee Seidman made a motion, seconded by
Trustee Ehlers, to go into Executive Session
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
A nJOURNW..NT
motion passed unanimously.
ATTEST:
Trustee Swartz made a motion, seconded by
Trustee Seidman, to adjourn the meeting. The:
The meeting was adjourned at 8:55 P.M.
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APPROVED:
Mayor
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