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02/21/1983X76 February.21,.1983 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, February 21, 1983 at 8:02 P.M. The Clerk called the roll and announced the following Present: Bernard Forrest, Mayor Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York 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, that the minutes of February 7, 1983 be approved with the following correction: Page 1,-second paragraph, line 1, substitute "Marty" for the last word of the.l:ine, "Heisler ". Motion carried unani- mously. APPROVE Trustee Heisler moved, seconded by'Trustee Seid- WARRANT NO. 0 -83 -02 man, that the Bills and Payroll, including- trans- fers and reimbursements, be approved. Motion carried on the following vote: AYES: Heisler, Marty, Seidman, Swanson, York (5) NAYS: None (0) —_ TREASURER'S REPORT Finance Director Geo. Valentine called the Board's attention to a two percent decrease in February sales tax receipts as compared to last year's. He noted that the Janu- ary receipts showed an increase of 28 percent over the same period last year. He stated that while these could be correct percentages, he nonetheless was inclined to feel they indicated a flaw in the State's reporting system with receipts re- ported in the wrong month. He reported that revenues were holding up and that expenditures were somewhat lower than anticipated. The Board thLked Mr. Valentine for his report. PUBLIC HEARING Proposed Federal Revenue Sharing Funding Fiscal Year 1983 -84 Mayor Forrest opened the hearing by calling upon Finance Director Geo. Valentine to explain its purpose. Mr. Valentine stated that the hearing was held to pro- vide citizens with the opportunity of communicating to the Board their views re- garding use of revenue sharing funds. He reported that while the present revenue sharing legislation ends as of September 30, 1983,•there are several Bills in the House and Senate leading him to believe that revenue sharing will probably be con- tinued in something resembling its existing form. He explained that if revenue sharing is continued, there will be approximately $244,00 available funds in the• coming year; if-not, roughly $210,000. Mr. Valentine reported that over past years, the Board has directed that these funds be used to abate debt in order to keep the Debt Service Levy on an even keel throughout the years. Thereafter, Trustee Marty moved, seconded by Trustee Swanson, that the revenue sharing funds be used to reduce debt. Motion carried unanimously. Mayor Forrest asked if anyone present wished to speak. There being no one wishing to be heard, Mayor Forrest closed the public hearing. PROCLAMATION ILLINOIS NURSES' WEEK MARCH 6 -12 Motion carried unanimously. PROCLAMATION APRIL - CANCER CONTROL MONTH approve the Mayor's proclamation. Mayor Forrest read.a proclamation designating the week of March 6 -12 as Illinois Nurses' Week. Trustee Seidman moved, seconded by Trustee Marty, that the Mayor.'s proclamation be approved. Mayor Forrest read a proclamation designating the month of April as Cancer Control Month. Trustee Swanson moved, seconded by Trustee Seidman, to Motion carried unanimously. N.S. CABLE TV CONSORTIUM Cable Advisory Board member David Savner was CAB REPORT RE: MEMBERSHIP present and recommended that Deerfield join the North Shore Cable TV Consortium. He explained that one of the Cable Advisory Board's (CAB) goals was to-foster and stimulate local origination'of TV programs:using the institutional loop which connects schools, hospital, police and fire departments, municipal offices, etc. He went on to say that the Consortium's objective was to train people to utilize the loop and to activate communities to produce programming which will benefit not only the participating institutions but all Omnicom subscribers who will want to hear these programs. Mr. Savner said-.thatat CAB's request the Consortium had submitted a budget showing the cost to Deerfield as $1504 through March 1984. He submitted that CAB feels this is a small price to pay for the kind of expertise.which will be brought to bear in this job - -- ..training people to find and coordinate ideas to produce excellent programs originating locally. He introduced Ms. Karen Peugh, Coordinator of the North Shore Cable TV Consortium. Ms. Peugh stated that her background was in both education and media produc- tion. She added that her function was to train Staff at various participating institutions who have no media or only basic media skills. She will train Staff to design, direct and edit coherent programs reaching other institutions or the public at large. She added that the training she gives is a supplement to what Omnicom is obliged to provide. i77 Discussion ensued with Trustee Seidman asking about differences between Omni - com's and the Consortium's training. Mr. Savner replied that Omnicom will teach how to use the equipment,.whereas the Consortium stimulates production of pro- grams for which the-equipment will be used. Trustee Seidman inquired about the amount of the total budget, commenting it_would be desirable for the Board to have a financial statement. Ms. Peugh replied that the budget was just under $30,000 for the coming year and she would be glad to supply the Board with a financial statement. - Trustee Marty commented that the commitment would be for only one year, and Mr. Savner noted that the program could be reevaluated at the end of the year. Trustee Seidman.expressed concern about indemnification for the Village. Mgr. Franz stated that protection would be needed so that anyone using public access would not subject the Village to some liability. Mayor Forrest.Suggested the matter- be..referred to the.Finance Committee.' Trustee Marty moved, seconded by Trustee Seidman, 1)..that.the':matter be referred to the Finance Committee for consideration, 2) that the villagefattor-n y be requested to review any possible Village liability, and 3) that a,copy of the Consortium's financial statement be procured. Motion carried.unanimously.'. LIFE -CARE FACILITY /BRICKYARDS Mgr. Franz reported that the Plan Commission PRELIM. DEVELOP. PLAN had held a public hearing on January 20, 1983 & SPECIAL USE to consider a petition of Sven Flodstrom and PLAN COMM. REPORT /RECOMM. James Follensbee to amend the previously approved preliminary plan for the northern portion of the R -5 parcel in the Brickyards to provide for a R -5 PUD /Special Use to permit a Senior Citizen Housing development with a nursing facility. On a vote of 5 to 1, with 1 abstention, the Plan Commission recommended that the amended PUD.be approved subject to the following: 1) the residency agreement be revised and resubmitted before final approval of'the request, 2) the develop- ment remain subject to real estate taxes in perpetuity regardless of the tax status of any owners or sponsors, 3) transportation'be provided by the facility fv its residents without cost to the.Village, and 4) parking at a one -to -one ratio be provided on grade with areas land banked to provide additional parking if needed in the future (any underground parking provided may not be used to meet minimums required.) Mayor Forrest expressed concern whether these conditions could be enforced, especially the provision for payment of real estate taxes in perpetuity. Att'y. Stucko advised that conditions of the Special Use could be 1) that the taxable status remain in effect and 2) that,the owner /operator of the property agree not to make application for a tax exemption and 3) violation of these conditions would result,in revocation of the.Special Use permit. Mr. Alan Stefaniak, attorney for Sven Flodstrom and Mr. Follensbee, presented exhibits and explained that the present proposal for the northern portion of the R -5 PUD (lot 9)•was fora life -care facility of 288 units in three 3 -story buildings and one 4 -story building (containing a 70 -bed full -care nursing faci!- ity on the fourth floor). The nursing facility will accommodate residents needing temporary nursing or permanent care for, any who become no longer capable of independent living." Admission requirements: age 62, capable of independent 178 living, ability to meet the financial obligations of the - entrance endowment and the monthly maintenance assessments. He Mated that on a one -to -one ratio (acceptable to the Plan Commission) 288 parking spaces would be provided and 21 extra spaces were planned for employees. He asked that the Board consider any underground parking spaces they might build in computing the minimum spaces required (not recommended by the Plan Commission). He requested deletion of a condition of-the preliminary plat of March 1981 requiring that ingress and egress along Elm Street be limited to emergency vehicles until a warrant was met for a traffic light at Lake -Cook and Deer Lake Rd. He reported that their traffic engineer had advised them that traffic generated -by the two restaurants would enable them to meet the warrants under special conditions. He asked that inasmuch as no construction vehicles will be permitted to egress the'site onto Elm Street, that when the. final development*. plan and the ordinance are approved, residents be permitted to leave from the north gate. Discussion ensued regarding: 1) the fourth floor nursing facility (the fire departmenthas no objections), 2) parking for maids, chefs, serving people, etc. (more spaces at rear of buildings can be supplied if needed), credit,against surface parking for underground parking (Trustees'Marty and Seidman voiced ob- jections), refund of entrance endowment or a portion of it upon death of resi- dent or voluntary leaving (subject to market conditions at time of sale), etc. Trustee Marty was interested in the choice of Glenkirk as sponsors (who have given a letter of intent) when they have little experience in senior housing facilities and there are other agencies with much experience. Mr. Follensbee replied that Glenkirk had expressed an interest, they were very qualified, and he was most pleased.- Attorney Stucko pointed out that the sponsor should show commitment before final.approval of the plans. Mr. Stefaniak stated that the Ill. Life -care Facilities Act required that the sponsor be identified and the agreement be submitted to the Ill. Dept. of Public Health for approval. Trustee Seidman raised the question whether any profits from the life -care facil- ity would be used to fund some of Glenkirk's other activities. Plan Commission Chairman Harriet Rosenthal answered that Glenkirk had.stated they planned to operate on a "break- even" basis. Mr. Stefaniak stated that the facility would be leased to Glenkirk with an agreement that money generated would be segregated and used only for the housing facility. Mayor Forrest asked if the project had been reviewed by the Village Engineer. Village'Planner Ruffino stated that it had been initially reviewed apd overall drainage plans for water retention and run -off had been looked at/a' number of times. The final development plan will bring forth the fi al engineering plans. Mayor Forrest stated, "We want to be absolutely certain thi2 contributes nothing to the flooding situation and may contain even a remedy." Mr. Don Fielding, Engineer for Mr. Flodstrom, stated that the sanitary sewer from this project will go directly to the sewage treatment plant.. Mr.'Robert Farrar of _402 Locust Place.. stated that he would like to see a berm on the north to shield his property from the 4 -story building on the south. 'He was advised that the building is only 35 feet high and situated at an elevation lower than Locust Place and would be seen by him as a 211-story house. Addressing his concern that the water.areas might become stagnant pools, Mr. Fielding stated that they are small lakes more than 10 feet deep and electroni'c- aerating equip- ment is planned. Mr. Ron Schaeffer, 413 "Locust Place, was concerned about dust and-mud on the streets caused by Village vehicles going to and from the sewage treatment plant. Stating that traffic was dangerous to children in the area, he wondered if some roat could be included in the Brickyards plan to reroute such traffic. Mr. Flodstrom explained that the area Mr. Schaeffer mentioned was not owned by him. Mayor Forrest felt the Village should take steps to resolve the problem, begin- ning with asking the public works department to make greater effort to keep those streets clean. Mr. Schaeffer was assured that traffic in his area would not be increased by the Brickyard development since trucks would not be permitted to use Elm Street. Thereafter, Trustee Marty moved, seconded by Trustee Seidman, to amend the pre- viously approved preliminary plat. in order to permit a Life -care Facility on the northern portion of the R -5 parcel in accordance with the - recommendation of the Plan Commission (on January 20, 1983) and the conditions contained therein and to provide that at the time the first occupants enter the building, the ingress and egress at Elm Street will be opened under security plans. Motion carried unanimously. 1 1 Mr. Stefaniak then stated that in order to - proceed with the Life - Care. Facility it was necessary for them to have title to the 1'and which is part of.the pro- posed land swap. In order to do so, the land swap agreement needs to be final- ized at this point. He stated that while negotiations are underway for the restaurant site (lot 3), it is not yet certain exactly how much additonal land will be required (possibly up to 56,300 square feet). However, any additional land obtained from the adjoining lots 4, 5 and 6 (owned privately) must be re- plenished by taking land from the park site (lot 8) with financial compensation to the Village. Mr. Stefaniak submitted that if the Board agreed in principle, he and Mr. Stucko could work out an agreement whereby Mr. Flodstrom provides a letter of credit in an amount corresponding to the largest amount that .would be needed from lot 8 (56,300 sq. feet) with the provision that if the actual traded area is less, the amount of the letter'of credit would be reduced.and a pro rata adjustment be made. He stated that such an agreement would allow Mr. Flodstrom to move forward to acquire title, etc. but still cover the'possibility of a need for additonal land. He further requested that the trade agreement include a pro- vision that as the land is excavated, the dirt be used to build berms on lots 10 and 8. He added that he had a proposal for a seeding operation not yet reviewed by the village engineer. Mr. Stefaniak then requested that the Board approve the proposal in principle and authorize the Mayor to sign the agreement which he and Mr. Stucko would work out. However, Vil. Att'y. Stucko did not favor such a procedure. He stated that due to the difficulty in defining the -exact parameters of the trade he favored a.sliding scale with an upper and lower limit as proposed by Mr. Stefaniak, but felt that the Board should have the opportunity of re- viewing the title of -properties it will be receiving. l79 Mr. Stucko wondered when the Village would receive cash for the letter of credit. Would the original proposal (two years from the exchange agreement or the first occupany in the R -5 area) obtain for the life- care.facility? Mr. Stef- aniak replied, "We understand that time table and still.do." He added that regarding updated title commitments, he could supply the "necessary things by Wednesday ". Mr. Stucko stated that some.months ago a first reading was had on an ordinance directing the Mayor and Clerk to execute an exchange agreement. Since that first reading, the development has gone through a variety of permutations and the Board has continually given its agreement in principle and has proceeded in good faith. In fact, the Board has satisfied some of the conditions in original agreement such —as the disbursement of $500,000 in funds to the developer as evidence of its commitment to the project. He added that the Board could, however, express its acceptance of the changes presented and work toward the revision of the draft agreement so that at the next meeting second reading and passage of the ordinance can be considered with execution of the agreement. He went on to say that at this stage it did not seem appropriate-to ask the Board to authorize execution of an agreement which will undergo some redrafting and will have certain impact on the development. He'felt the agreement ought. to be looked at by all the Board and reviewed carefully. % Mr. Stefaniakfelt:.matters.00uldbe expedited to permit them.to seek financing for the life -care facility at once. However, Mayor Forrest felt the Board should have the opportunity of review. Thereafter, Trustee Heisler moved, seconded by Trustee Swanson, to agree in principle with the land swap agreement as outlined that evening and that the agreement be drafted by the two attorneys and pre- sented to the Board at its next meeting. Motion carried unanimously. The Board recessed at 10 P.M. and reconvened at 10:07 P.M. all members being present and in attendance. APPOINTMENTS MANPOWER.COMMISSION REPORT & RECOMMENDATION PLAN COMMISSION until 11/85 Mid' ael Swartz David Marks POLICE PENSION BOARD until 11/84 John Cooper MANPOWER COMMISSION until 11/85 Russel Ferris Edna Schneider Mayor Forrest announced that he recommended the following' appointments: BOARD OF ZONING APPEALS until 11/87. Robert Speckman BOARD OF BUILDING;APPEALS until 11/87 Brian Burch Robert Rubin Randolph Thomas SAFETY COUNCIL until 11/85 Eugene Berkowitz CABLE ADVISORY BOARD Until 11/85 Louis Adler HUMAN RELATIONS COMMISSION Until 11/85 Eugene Evans ENERGY ADVISORY Until-,11/85 Milan Weber Trustee Marty moved, seconded by Trustee Seidman, to accept Mayor Forrest's recommendations. Motion carried unanimously. PROPOSED RULE CHANGES BD .\ POLICE COMMISSIONERS sioners stipulating that of the department will n Police Department." Mr. Daniel Stiehr, Chairman of .the Board of Police Commissioners, had submitted a proposed amendment to the rules of the Police Commis - "immediate family members of a present employee Dt be employed or considered for employment by the Mr. Stiehr was present and stated that in reviewing the rules it had been noted that there was no prohibition of having family members on the police de- partment or elsewhere in the village. He went on to say, "We feel, being personnel and business people, that it is just good practice to prohibit family members working together." He noted that corporations, banks,.etc. have this policy, especially where there is sensitive information. He stated that while the police department has not experienced problems, he felt the prohibition should be included in the Police Commission rules as a matter of prevention in order to avoid possible charges of favoritism, nepotism, etc. Questioned by the Board regarding the proposal, Attorney Stucko stated that criteria for sworn officers are established by statute and that the Village has no authority to vary those by imposing another rule that officers may not be related to an existing member of the police force. He stated that the Board could have such a prohibition regarding non -sworn personnel if it wished. Mr. Stiehr asked Att'y. Stucko to provide him with the statute to which he was referring. Discussion ensued regarding the merits of prohibiting employment of family members as practiced by business, etc. Mayor Forrest requested a further re- port for the next meeting. 817 DEERFIELD RD. (ROTH) Trustee Marty moved, seconded by Trustee Seid- SPECIAL USE /MULTIPLE USE man, to waive the rules to permit passage of the ORDINANCE NO. 0 -83 -02 ordinance to permit Multiple Uses in the build- ing at 817 Deerfield Road Trustee Marty moved, seconded by Trustee Swanson, to pass the ordinance. Motion carried on the following vote: AYES: Heisler, Marty, Seidman, Swanson, York (5)' NAYS: None (0) SEWER RATE INCREASE Ordinance amending Section_.16 =23 entitled "Sewer Use and Industrial Cost Reqovery Program" of Chapter 16 of the Municipal Code to include "User Cha'Xge $0.76/100 cubic feet ". First reading of ordinance. / VACATE ALLEY Trustee Marty moved, seconded by Trustee Swan - 902,CHESTNUT (FEJES) son, to waive the rules to permit passage of ORDINANCE NO. 0 -83 -03 the ordinance on first reading. Motion carried unanimously. Trustee Seidman, moved, seconded by Trustee Swanson, to pass the ordinance vaca- ting the alley at the rear of 902 Chestnut St. Motion carried on the following vote: AYES,: Heisler, Marty, Seidman, Swanson, York (5) NAYS: None (0) CLASS B LIQUOR LICENSE The Board had before it a request by Mr. Man - W /WINE TASTING PRIVILEGES fred Esser for a Class B Liquor License with wine tasting privileges for a store he wishes toI�pen in 'Lake -Cook Plaza. Att'y. Stucko stated that if the Board wished to grant Mr. Esser's request, the liquor ordinance would have to be amended since it provides for issuance of tasting permits only four times a year. Trustee Seidman noted that if an amendment is made it must apply to all liquor stores, and he would oppose that. Trustee York favored a special Class B I� 1 1 license to permit (for an extra fee) wine tasting privileges. Mayor Forrest pointed out that this was Arlington Height's policy and Trustee Marty stated she approved of it.. / Mr. Charles Buccola owner of "Lake -Cook Plaza stated that he had always been "fussy" regarding the type of tenants they had, bit his attention had been at- tracted by Mr. Esser's proposal which was not for the typical liquor store. He asked the Board to hear Mr. Esser's explanation of his plans. Mr. Esser stated that he had 20 years' experience in international wine businesses. He noted that his store, unlike those with wine shelves stocking up to 600 or more bottles of wine, would offer only a limited selection of fine domes- tic or imported wines, in a range of prices, and no hard liquor. He also proposes to stock wine serving accessories, etc. and inviting the customers to browse. He commented that most people are not too.well acquainted with wines and he proposes to provide one or.two 1 -oz samples to help the customer choose. The wine tasting will be handled by knowledgeable sales clerks. He stated one of the purposes of winetasting is to create and expand interest in new wines. He also intends to open up a mail order house. While he will. stock liqueurs, none will be offered for sampling. Discussion ensued regarding "wine tasting" appearing in advertisements and the possible impact on the requests by other license holders. Trustee Seidman feared other licensees would request the additional C1ass.B license in order to generate more business.through attracting "wine tasters." He felt that likelihood should be avoided. Mayor Forrest stated that he agreed with Trus- tee Seidman in principle but felt this request should, be considered. Trustee York moved, seconded by Trustee Marty, to instruct the attorney to draft an additional ordinance to permit daily wine tasting under a class B license. Motion passed, Trustee Seidman voting nay. RADIO.BASE STATION Trustee Seidman moved, seconded by Trustee POLICE DEPARTMENT Heisler, to accept the'bid of General Elec- tric for a radio base station in an amount not to exceed $3,044. Motion carried on.the following vote: AYES: Heisler, Marty, Seidman, Swanson, York (5) NAYS: None (0) 1.81 STATUS REPORT Mayor Forrest reported that: 1) the Flood FLOODING Advisory Committee and the Board has met that evening, 2) the Lake County Grading Co. had submitted the low bid of $129,000 for cleaning the West Fork.and will be starting next Monday, 3) the Architectural and Engineering Committee have inter- viewed four firms and will submit recommendations to the Board at the March 21 meeting for an engineering consultant, 4) the Ill. Div. of Water Resources is hopeful of acquiring the Bannockburn site for the retention basin, but Ban- nockburn has not yet passed a resolution agreeing to the acquisition, 5) Beryl Swartz, attorney for the apparently defunct lower Middle Fork Drainage District has been contacted and a meeting is being arranged to try to re- activate that District or arrange for annexation to the northern section. Mgr. Franz stated the: estimate to move five transformers that are put out of commission by flooding is $30,000 and Commonwealth Edison has refused to con- tribute any money to the project. Mayor Forrest asked the village attorney to review the Commonwealth Edison.franchise and any development ordinances for review at the next Board meeting. Ir � Trustee York commented on the skillfully done draft drawn }gyp by t ll e Flood Advi- sory'Committee for interviewing engineering consultants. /Mr. Alan Schultz of that Committee was present and personally commended.. Mayor Forrest stated that School District 113 had discussed selling its pro- perty west of the Tollway for $6,750,000. While he supported...the'.distr-ict's.de- sire'to sell, a preliminary study of assessed valuations.and taxes being paid by property owners in that area indicated that developed property would yield five times the amount of tax as vacant land.' It would seem wise for the School District to consider not only the price of the land but require development to begin within two years as a condition of the purchase. He added that he felt sale of the property without a development requirement would result in citizens of School District 113 getting a landfall profit while losing in the long run. 182 - Thereafter Trustee Marty moved, seconded by Trustee Seidman, to communicate these views to School District.113 and ask them to seriously consider them. Motion carried on the following vote: AYES: Marty,. Seidman, York (3) NAYS: Heisler,, Swanson (2) / There being no further business to come before the Board, the meeting was adjourned at 10:55 P.M. ATTEST: Village C erk APPROVED: V�v l Mayor 1 1