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04/05/1999April 5, 1999 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mr. Franz in the Council Chamber of the Village Hall on Monday, April 5, 1999 at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: Bernard Forrest, Mayor and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. In the absence of the Mayor, Trustee Swartz made a motion that Trustee Rosenthal serve as Mayor pro tem for the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES Trustee Seidman made a motion to approve the minutes of the previous meeting. Trustee Swartz seconded the motion. Trustee Rosenthal pointed out a typographical error. A motion to approve the minutes as amended passed unanimously. VISION 2000 UPDATE Mayor pro tem Rosenthal presented a progress Report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant and South Commons. CONSENT AGENDA ORDINANCE 0 -99 -17 DESIGNATING CANVASSING BOARD FOR APRIL 13, 1999 ELECTION election. Second Reading. An ordinance designating Village President Bernard Forrest, Village Trustee Harriet Rosenthal, and Village Clerk Robert Franz as the canvassing board for the April 13, 1999 ORDINANCE RE VACATION OF RIGHT -OF- An ordinance vacating a 30' by 120' piece of WAY AND THE VACATION OF A BUILDING Village right -of -way and vacating a building LINE, LILLIAN GORDON AND NEWPORT line for the property at 1222 Country Lane. HOMES, 1222 COUNTRY LANE First Reading. ORDINANCE NAMING EDGEWOOD COURT An ordinance renaming the portion of Country Lane between Fairview Avenue and Willow Avenue "Edgewood Court ". First Reading. Trustee Seidman made a motion for passage of the Consent Agenda and adoption of 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) by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ( 0 ) AUTHORIZATION FOR MAYOR TO SIGN REAL ESTATE CONTRACT TO PURCHASE PROPERTY AT 635 CENTRAL AVENUE This was also a negotiated sale. Commons redevelopment project. passed by the following vote: Trustee Swartz made a motion that Mayor Forrest be authorized to sign a real estate contract to purchase the property at 635 Central Avenue in the amount of $225,000. The parcel will become part of the South Trustee Ehlers seconded the motion. The motion AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Trustee Swartz made a motion that Mayor REAL ESTATE CONTRACT TO PURCHASE Forrest be authorized to sign a real estate PROPERTY AT 641 CENTRAL AVENUE contract to purchase the property at 641 Central Avenue in the amount of $225,000. As with 627 Central and 635 Central, this was a negotiated sale, and the parcel will become part of the South Commons redevelopment project. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Joe Morrison pointed out that all three of the above properties are rental properties. The tenancies will be terminated on or before July 1, with the closings on July 1. RESOLUTION R -99 -04 AUTHORIZING A resolution authorizing preliminary just PAYMENT OF PRELIMINARY JUST compensation in the amount of $920,000 for COMPENSATION FOR PROPERTY AT 750 the property at 750 Central Avenue (The H. D. CENTRAL AVENUE Electric Company). The actual amount to be paid for the property will be determined at a later date by jury trial. The property will become part of the South Commons redevelopment project. Trustee Seidman made a motion to authorize the payment. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) APPROVAL OF PLAT EASEMENT IN SOUTH This easement runs primarily along the COMMONS REDEVELOPMENT PROJECT eastern boundary of property acquired for the South Commons redevelopment project. It will be used by Commonwealth Edison and other utilities. E OLD BUSINESS AUTHORIZATION FOR MAYOR TO SIGN Trustee Swartz made a motion that Mayor REAL ESTATE CONTRACT TO PURCHASE Forrest be authorized to sign a real estate PROPERTY AT 627 CENTRAL AVENUE contract to purchase the property at 627 Central Avenue in the amount of $225,000. It was a negotiated sale. The parcel will become part of the South Commons redevelopment project. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ( 0 ) AUTHORIZATION FOR MAYOR TO SIGN REAL ESTATE CONTRACT TO PURCHASE PROPERTY AT 635 CENTRAL AVENUE This was also a negotiated sale. Commons redevelopment project. passed by the following vote: Trustee Swartz made a motion that Mayor Forrest be authorized to sign a real estate contract to purchase the property at 635 Central Avenue in the amount of $225,000. The parcel will become part of the South Trustee Ehlers seconded the motion. The motion AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Trustee Swartz made a motion that Mayor REAL ESTATE CONTRACT TO PURCHASE Forrest be authorized to sign a real estate PROPERTY AT 641 CENTRAL AVENUE contract to purchase the property at 641 Central Avenue in the amount of $225,000. As with 627 Central and 635 Central, this was a negotiated sale, and the parcel will become part of the South Commons redevelopment project. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Joe Morrison pointed out that all three of the above properties are rental properties. The tenancies will be terminated on or before July 1, with the closings on July 1. RESOLUTION R -99 -04 AUTHORIZING A resolution authorizing preliminary just PAYMENT OF PRELIMINARY JUST compensation in the amount of $920,000 for COMPENSATION FOR PROPERTY AT 750 the property at 750 Central Avenue (The H. D. CENTRAL AVENUE Electric Company). The actual amount to be paid for the property will be determined at a later date by jury trial. The property will become part of the South Commons redevelopment project. Trustee Seidman made a motion to authorize the payment. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) APPROVAL OF PLAT EASEMENT IN SOUTH This easement runs primarily along the COMMONS REDEVELOPMENT PROJECT eastern boundary of property acquired for the South Commons redevelopment project. It will be used by Commonwealth Edison and other utilities. E Trustee Swartz made a motion to approve the plat of easement. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson,'Swartz (6) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN The property located at 300 Wilmot Road is AGREEMENT WITH WALGREENS RE PARKING owned by Walgreens. Residents in the area VARIATION AT 300 WILMOT ROAD were concerned that the, berm separating their homes from the commercial building to be erected on the site would have to be eliminated in order for Walgreens to meet parking requirements. This agreement provides for the area to be landbanked so that the berm can stay. The parking ratio with the landbanking is consistent with that which the Village has allowed for other office buildings along Lake Cook Road. Walgreens will provide additional landscaping on the berm, as selected by their landscape architect. Trustee Swartz made a motion to authorize Mayor Forrest to sign the agreement with Walgreens. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) NF'W RTTSTNFSS DISCUSSION RE ENFORCEMENT OF The Police Department is requesting the Board VEHICLE REGISTRATION VIOLATIONS to adopt an ordinance which would permit the enforcement of vehicle registration by Village police officers. The fine for failure to have a valid vehicle sticker would be $25, as it is under the terms of the Illinois Vehicle Code, but the proceeds would go into the Village's General Fund rather than to the State. After discussion, Trustee Seidman made a motion to direct the Village attorney to prepare an ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. AUTHORIZATION TO RETAIN AUDITOR FOR FISCAL YEAR 1998 -99 has submitted a proposal to audit fiscal year ending April 30, 1999 $14,725 and in 1997 the cost was Crowe Chizek be authorized to do The Village has used Crowe Chizek as its auditor for several years and has been pleased with their performance. Crowe Chizek the Village's financial statements for the for a cost of $15,300. In 1998 the cost was $14,300. The Finance Director recommends that the audit for $15,300. Trustee Seidman made a motion to authorize Crowe Chizek to audit the Village's financial statements for ,1998 -99 at a cost not to exceed $15,300. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) AUTHORIZATION TO EXTEND CONTRACT Schroeder and Schroeder, which has had the WITH SCHROEDER & SCHROEDER FOR contract for the Village's 50/50 sidewalk and 50/50 SIDEWALK AND CURB REPLACEMENT curb replacement program since 1991, has PROGRAM offered to extend their contract an 3 additional year at the 1998 unit prices of $2.53 /square foot of sidewalk and $11..45 /lineal foot of curb. As Schroeder and Schroeder has done excellent work in the Village, the Director of Public Works and Engineering recommends that the Board extend their contract. Trustee Heuberger made a motion to extend the contract for an additional year. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ORDINANCE INCREASING SEWER RATE Because of the projected deficit in the Sewer FROM $1.55/100 CUBIC FEET TO Fund, the Finance Committee directed staff to $1.83/100 CUBIC FEET review the Village's sewer rate and the Infrastructure Maintenance Fee. Currently the sewer rate is $1.55/100 cubic feet of water used, and the Infrastructure Maintenance Fee is a flat fee of $2.00 per quarter per user. The Finance Director recommends an increase in the sewer rate to $1.77/100 cubic feet of water used, plus a charge of $.06/100 cubic feet for the Infrastructure Maintenance Fee. The $2.00 fee per quarter would be eliminated. This change will reduce the residential cost while increasing the cost for commercial properties. An ordinance has been prepared. This will stand as a First Reading. ACCEPTANCE OF PUBLIC IMPROVEMENTS, Optima has requested that the Village accept COROMANDEL DEVELOPMENT the public improvements for the Coromandel development as provided for in the development agreement. The improvements include the sanitary sewer system, the water system, and the off site intersection improvements. Acceptance of these three public improvements triggers the beginning,of a one -year warranty period. A letter of credit in the amount of ten percent of the original value of the public improvements will be established for a period of one year in the event there are latent defects not repaired by the developer. The Director of Public Works and Engineering and the Assistant Village Engineer recommend acceptance of the public improvements. Mr. Soyka also reported that a letter has been sent to all Coromandel residents asking that they contact his office if they have any problems with the development's private improvements. The private improvements include curbs and gutters, streets, the stormwater'system, the clubhouse, landscaping, etc. Trustee Swartz made a motion to accept the public improvements at the Coromandel development. 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 SIGN'AGREEMENT Teng and Associates has completed the Phase FOR PHASE II CONSULTING SERVICES, I Engineering Report for the rehabilitation DEERFIELD ROAD BRIDGE of the Deerfield Road Bridge over the Middle Fork of the Chicago River. Teng and Associates has agreed to perform the Phase II Engineering for a fee not to exceed $53,480. As was the case with Phase I, Phase II Engineering will be funded with an 80% federal grant and 20% MFT funds. Construction is scheduled for the spring of 2000. The Director of Public Works and Engineering recommends that the Board accept the Teng and Associates Phase II Agreement and authorize the Village Manager to execute the agreement. 4 After discussion, Trustee Seidman made a motion to award the contract to Teng and Associates for a cost not to exceed $53,480. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) nTgrTTSgTnN RETURN OF APPLICATION FEE Trustee Seidman reported that since their petition to locate at the Marshall Mall was delayed beyond the 60 day period, Mary Halpern has requested a return of Post Net's application fee of $125. Trustees agreed that this is a reasonable request and directed staff to return the fee. COMMENTS RE POETS CORNER Derek Ragona and Bill Keefe of Poet's Corner thanked the Board for making the decision not to purchase two homes on Whittier for inclusion in the development of the southeast quadrant. They had been concerned that this move would be detrimental to their neighborhood. COMMENTS RE TRAFFIC TICKET Mr. Paul Daube of Brand Lane complained that Deerfield seems to have lost its small town feel. He cited two recent incidents as examples - a ticket his wife got for briefly parking in a fire lane, and the Village's failure to forgive'a late fee on a utility bill. Trustees felt the ticket was justified, but that if the police officer was rude, the matter should be brought to the attention of the Police Department. Regarding the utility bill, Mr. Franz noted that the Village had previously waived a late fee for the Daubes, and that length of residency in the Village cannot be justification for waiving another one. OSTERMAN RAILROAD CROSSING poor quality of the Osterman Av, be placed by the tracks stating June. Barbara Little commented to the tracks within a week. Mayor pro tem Rosenthal commented on the high number of calls she receives regarding the anue railroad crossing. She requested that a sign that repair of the crossing is scheduled for that METRA will be doing some temporary repairs ORDINANCE RE WELLS Mr. Franz reported that there is no ordinance in the Municipal Code stating that wells cannot be used to provide potable water in any new or redevelopment area. Although this prohibition has been enforced for many years, it needs to be formally added to'the Municipal Code. Trustee Swartz made a motion to direct the Village Attorney to prepare an ordinance. Trustee Ehlers seconded the motion. The motion passed unanimously. EXECUTIVE SESSION Mayor pro tem Rosenthal asked for a motion to go into Executive Session to discuss land acquisition. Trustee Seidman so moved. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) 5 A T1,TnTTR NMF. NT meeting. Trustee Swartz After reminding everyone the meeting at 8:45 P.M. ATTEST: There being no further business to discuss, Trustee Seidman made a motion to adjourn the seconded the motion. The motion passed unanimously. to ,vote on April 13`.", Mayor pro tem Rosenthal adjourned Village Clerk APPROVED: May r 6 1 1 1 1 1 VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report April 5 1999 Southwest Quadrant (Deerfield Square): ➢ The foundation for the new Walgreens store has been poured. Foundation work on the four -story office building is' now under construction. ➢ Robert York Avenue re- alignment work has begun. Access from Deerfield Road is closed temporarily. When reopened, it will have a gravel surface and will be restricted to "local traffic only." ➢ Environmental remediation work has been completed at the old Commons Service Center. The new First Chicago facility will soon be under construction on that site. Southeast Quadrant (Deerfield Centre): ➢ The Village has withdrawn its offers to purchase the two residential lots on Whittier Avenue, and the April 8a' Plan Commission public hearing on this matter has been cancelled. Other options are being explored to address the parking shortfall. ➢ First Midwest Bank and the Village are working on a formal agreement regarding bank property to be acquired by the Village, access from Waukegan Road and right -of -way needed for the right -turn lane at Waukegan and Deerfield Roads. South Commons: ➢ Tonight's agenda includes approval of contracts to purchase 627, 635 and 641 Central Avenue, each at the price of $225,000. Negotiations continue on the other five lots on Central Avenue. ➢ Also on tonight's agenda is authorization to pay Preliminary Just Compensation in the amount of $920,000 for the H.D. Electric property at 750 Central Avenue. This establishes a temporary value for the property. The final amount (which could be higher or lower) will be determined at a later date by a jury trial. ➢ The Quick -take court hearing on Touhy Lumber is scheduled for April 19a' ➢ Although not yet under construction, both the Village and developer are receiving inquiries from prospective buyers regarding this 153 unit, multi - family project.