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07/15/1985 + 08/05/1985/62- July 15, 1985 Due to lack of a quorum, the July 15, .1985 meeting of the Board of Trustees of the Village of Deerfield was adjourned until August 5, 1985. * * * * * * * August 5, 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, August 5, 1985 at 8:00 P.M. The Clerk called the roll and announced that the following 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 Rosenthal, to approve the minutes of the previous meeting. Motion carried unanimously. MARSHALL RESUBDIVISION Mayor Forrest recounted ' that at the last RECONSIDERATION meeting, the Board had considered a re- port and recommendation from the Plan Com- mission regarding the Marshall resubdivision at Hazel and Prairie Avenues. Mr. Thomas Compere, attorney for the petitioner, had asked that further consideration be given to the resubdivision. Trustee Seidman moved, seconded by Trustee Marty, to reconsider the resubdivision request. Motion carried unanimously. Village attorney stated that Mr. Compere was present on behalf of the owners of the property. At the last meeting, discussion was had about the problems caused by the proposed 4- lot'subdivision which would block off development of the interior lots to the west of Prairie Avenue since no provision had been made for a 30 -foot dedication for a right -of -way for access to the interior properties. The situation had been reviewed further by the Staff, and by way of suggestion to the property owner, he called Mr. Compere's attention to the provisions in the Deerfield Zoning Ordinance which permits the Plan Commission to consider variations in lot size up to a limit of ten percent of the lot area. He felt this circumstance might be applicable to this property since the Plan Commission could reduce the proposed 9,000 square lots to 8,100 square feet. Staff had prepared a sample layout which retains four 8,100 square foot lots and also provides for a 30 -foot dedicated right - of -way at the northern end to provide access to properties on the west in the event of potential development. Attorney Stucko asked Mr. Compere whether this proposal would have any interest for him and his client. Mr. Compere replied, "Yes it will, because I'm interested in resolving this the best way possible between the property owner and this municipal- ity." Trustee Marty moved, seconded by Trustee York, to refer the matter back to the Plan Commission. Motion carried unanimously. APPOINTMENTS TO PLAN COMMISSION Mayor Forrest stated he wished to appoint the following persons to the Plan Commission: Herbert Sundmacher, until November 1986 and Marvin Ehlers until November 1987. Trustee Seidman moved, seconded by Trustee Marty, to approve the Mayor's appoint- ments. Motion carried unanimously. APPROVE WARRANT NO. W -85 -07 following vote: Trustee Marty moved, seconded by Trustee York, to approve the bills and payroll from July 15, 1985. Motion carried on the AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) BUFFO'S #2 RESTAURANT A public hearing was held on June 27, 1985 DEERBROOK SPECIAL USE to consider a request by the Deerbrook PLAN COMM. REP. /RECOMM. Shopping Center for a Special Use for a /t/ restaurant, Buffo's #2. The Plan Commission recommended, on a vote of 4 -0, that a Special Use be approved. Trustee Seidman expressed concern that the fire lane in front of the restaurant might be used by customers picking up carry -out orders unless something specific is done to prevent this, probably extra policing. Mr. Elliot Bacall, attorney for the petitioner,- stated that they could designate a certain number of the regular parking spaces near the restaurant for limited fifteen to twenty minute parking, just for carry -out business. Trustee Marty moved, seconded by Trustee Seidman, to accept the recommendation of the Plan Commission and direct preparation of the necessary ordinance for a Special Use. Motion carried unanimously. Mayor Forrest cautioned the petitioner that a question remained regarding the issuance of a liquor license, a separate issue which had not come up. RESTAURANTS - SPECIAL USE BRICKYARDS PROPERTY PLAN COMM. REP /RECOMM. yards. On a vote of 4 -0, tain You, the petitioner ground sign be located so The Plan Commission held a public hearing on June 27, 1985 to consider a request for two restaurants, Ed Debevick's and Shaw's Crab House, under one roof, at the Brick - they recommended that the petition of Lettuce Us Enter- , be approved subject to the condition that the proposed as to mirror the placement of the Chi -Chi's ground sign. Mr. Allan Stefaniak, representing the petitioner, was present. Trustee Seidman asked about off -street parking in another lot. Mr. Stefaniak replied that a cross- over easement arrangement had been worked out with the Flodstrom office building to the east. This arrangement had been favorably recommended by the Plan Commis- sion and will be submitted to them as part of the final documentation. Trustee Seidman asked about the calculation of areas for liquor service in the two restaurants which share the same entry and waiting area. Mr. Bill R. Miller of Young & Miller stated that the areas complied with the requirements of the Zoning Ordinance. Trustee Rosenthal asked why a variation was being sought for landscape screening on the west side of the site. Mr. Stefaniak replied that lower, less dense hedges along Deer Lake Road would make entrance and exit points more clearly visible and identifiable as well as consistent with landscaping along the Chi Chi's property. He added that they would have no problem siting their ground sign as recommended by the Plan Commission. Trustee Marty moved, seconded by Trustee Rosenthal, to accept the Plan Commission's recommendation to grant approval of the preliminary plan as presented. Motion carried unanimously. R -5 MULTI- FAMILY /BRICKYARDS FLODSTROM /FINK REQUEST PLAN COMM. REP. /RECOMM. vote of 4 -0, the Plan Commission A public hearing was held on June 25, 1985 (adjourned from July 5) to consider a R -5 Multi - family development on the Fink /Flod- strom property at the Brickyards. On a recommended denial of the petition. Mayor Forrest stated that a letter had been received from Mr. Alan Stefaniak, attor- ney for the petitioner,. asking that the matter be referred back to the Plan Commis- sion in order that the petitioner might answer items about which the Plan Commis- sion had expressed concern. Mayor Forrest added that he saw problems more profound and deeper than Mr. Stefaniak's letter had indicated. Trustee Swanson stated that he was extremely concerned about the development. He felt the market study presented was not a market study but rather an apartment sur- vey for determining the price of units. He felt the developer was trying to force his preconceived ideas by making statements to substantiate his wish to include 424 (80 %) one - bedroom apartments. The proposal for so many one - bedroom units in walk -up, three story buildings showed clearly what would happen and who would be attracted to the area. He felt the developer did not understand the area, the loca- tion, or the demographics of Deerfield. Trustee Marty considered the market study-entirely unacceptable. She did not see the development attracting empty- nesters who would have no parking close to the buildings and would have to carry parcels up three flights of stairs. She felt the density too great and favored larger apartments and elevators. Trustee Rosenthal agreed with the aforementioned concerns and said she found the proposal an insult. Trustee York cited evidence that the builders (from Texas) did not know the area. He stated that there is a market here for empty- nesters wanting quality apartments, "real quality apartments ", which they can afford. He was of the opinion that the person writing the market study didn't know anything about Deerfield. Trustee Seidman agreed. He challenged estimates of traffic which would be generated by 424 one - bedroom apartments. He felt that that many one - bedroom apartments were not for Deerfield. He also felt a builder who had not built anything north of the Mason Dixon line had no qualifications for building here. Mayor Forrest stated that he agreed with everything that had been said and added, "We want multi - family housing here. We think there ought to be a better mix with some larger apartments. There's too much concentration on smaller apartments." Trustee Marty moved, seconded by Trustee Seidman, that the report and recommendation of the Plan Commission be accepted but referred back to the Plan Commission for further consideration. Motion carried unanimously. MATAS CORPORATION The Plan Commission reported that changes MODIFICATION TO APPROVED PHASE I requested by the Matas Corporation consist FINAL DEVELOPMENT PLAN of the reorientation of the eastern office PLAN COMM. REP. /RECOMM. building and the reconfiguration of the parking area affected by that reorientation. They reported that the changes proposed are not substantial, and a new public hear- ing should not be required (4 -0 vote). Trustee Seidman moved, seconded by Trustee Rosenthal, to accept the Plan Commission's report. Motion carried unanimously. SANITARY SEWER REHABILITATION Manager Franz gave a brief update of progress PROGRAM - STAFF REPORTS since the June meeting when the concept of the sewer program was approved by the Board. He reported that: 1) Baxter & Woodman were working on the engineering for reconstruction of 435 manholes, 2) Estimates and actual contract prices have been received for 30 -plus sewer repairs by two con- tractors (DiPietro and Meyerbrook), which Staff and the-consulting engineer recom- mend after comparing private contractor costs to in -house costs, 3) Twenty -five percent of the improperly connected downspouts have been disconnected, 4) A second notice will go out this week to the remaining property owners who have not yet disconnected. The August newsletter will again ask for voluntary compliance. Manager Franz stated that funds for the 30 -plus sewer repairs is an already budgeted item and that the Finance Committee is recommending that the work proceed without waiting. Trustee Swanson stated that he thought that most people understood disconnection of downspouts, but that the extension of downspouts was not too well understood. Manager Franz stated that the August newsletter would contain explanatory diagrams of extensions to carry water away from house foundation drains. Village Engineer James Soyka stated he would prepare a couple of mock -ups to be exhibited in the Village Hall. Asked about having both contractors handle the sewer repairs, Manager Franz replied that that was the best way to proceed. They would do better jobs and faster as each would be aware of the others's work. Their work will be monitored and closely inspected. Prices will be compared, and some one will be on the site to give credibility to what they submit in the way of bills. Both did excellent work on test samples they did for the Village. Public Works Director Edmund Klasinski stated they had themselves repaired some sewers and had found their costs very near those of the contractors. Besides, the Village doesn't have the equipment necessary to repair 19 -foot deep sewers. Moreover, a great strain would be placed on the workload of the Public Works Depart- ment if personnel is assigned to such a job. Trustee Marty moved, seconded by Trustee York, to accept the report. Motion carried unanimously. Staff was asked to submit a report to the Board on the first of each month. BRIARWOOD SCHOOL PROPERTY PLAT OF DEDICATION SIGNED Trustee Seidman moved, seconded by Trustee Marty, to authorize the Mayor to sign a plat of dedication for property at Briarwood School to provide access between the Deer Run and Briarwood Vista Subdivision. Motion carried unanimously. ANIMAL REGULATIONS AMEND MUNICIPAL CODE from six months of age to four Health Department requirements. of the other changes before the First Reading of ordinance updating the exist- ing ordinance, deleting old inconsistencies and changing ages for innoculating animals nonths of age in order to conform to Lake County Village Attorney Stucko will submit summaries next Board meeting. *Trustee Marovitz entered the meeting at 9:00 P.M. and was in attendance thereafter. AMEND 1985 -86 BUDGET FOR First Reading of an ordinance to amend the I- SEARCH PROGRAM budget to allow expenditures of previously authorized I- Search Grant. Of the $13,300 budgeted amount, $10,570 is a cash grant from the State of Illinois with the re- maining $2,730 Deerfield's cash match. AWARD OF BID Village Engineer Soyka stated that two bids STORM SEWER IMPROVEMENTS had been received for storm sewer improvements on Oxford, Wincanton, Greenwood Apartments, Maple Court, Carlisle, Warwick, Kenton, and Lampton Lane. The Engineer's estimate was $270,000 and the low bidder was J.R. Myers Co. with a bid of $247,458.36. The company is known to Mr. Soyka as well as Baxter and Woodman and highly recommended. Trustee Marty moved, seconded by Trustee Swanson, that the bid for the storm sewer improvement be awarded to J. R. Meyer Co., Inc. in an amount not to exceed $247,458.36. Motion carried on following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK, MAROVITZ (6) NAYS: NONE (0) ANALYSIS & AWARD OF BID The lowest bid was 50% over the Village SLUDGE PUMP engineer's projection. Staff recommended rejection of all bids and that bids on the sludge pump be sought in combination with bids on other pumps later in the year. Trustee Seidman moved, seconded by Trustee Swanson, to reject all bids. Motion carried unanimously. AWARD OF BID 1985 STREET RESURFACING & REHABILITATION Trustee Seidman moved, seconded by Trustee Marty, to award the bid for 1985 Street Resurfacing and Rehabilitation to Peter Baker &Son in an amount not to exceed $327,468.35. Village Engineer Soyka advised the Board, "In order to make this project fly and be successful, there is a lot of field work, field inspection and layout work required. About $20,000 worth of engineering must be done in the field ... This is not a simple resurfacing job. There're a lot of sidewalks and curbs that must be replaced, a lot of inlets, grades marked very properly to insure proper drain- age, etc." He will prepare a list of items requiring engineering services for Board review at the next meeting. Motion to award the bid to Peter Baker and Son passed on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) AWARD BID FOR SEWAGE COMMINUTOR Trustee Seidman moved, seconded by Trustee for to Deerfield Electric Co. on the following vote: Marty, to award the bid for a sewage comminu- in an amount not to exceed $15,200. Motion carried AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) AWARD BID Trustee Marty moved, seconded by Trustee Maro- CONVENTIONAL TRUCK vitz, to award the bid for a conventional (4 -WHEEL DRIVE) truck with 4 -wheel drive to Schmerler Ford, Inc. in an amount not to exceed $13,362. Motion carried on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) AWARD BID Trustee Marty moved, seconded by Trustee Seidman, 2 CONVENTIONAL TRUCKS to award the bid to Rock River Ford, Inc. for (DUMP BODIES) 2'conventional trucks w /dump bodies in a total amound not to exceed $28,275. Motion carried as follows: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) 1 L� /(4 SANITARY SEWER IMPROVEMENTS Mayor Forrest stated that the Finance Commit - AUTHORIZE PHASE 2A ENGINEERING, tee reviewed some of the funds from previous TRUNK SEWERS, WET - WEATHER FLOW bond issues as well as the postponement of TREATMENT FACILITY the Action Avenue project. They feel there are sufficient funds to start on some of the Sanitary Sewer Improvement projects. Therefore, it is recommended that Baxter and Woodman be authorized to start the design of Phase 2A in an amount not to exceed $230,000. Village Engineer Soyka stated that the improvement is in the northwest quadrant of the town and exhibited a map showing the main sewer lines, lift stations, etc. He reported that the design alone would take twelve to fifteen months to complete as an extensive amount of permits have to be acquired from State agencies. Trustee Seidman moved, seconded by Trustee Marty, to authorize Baxter and Woodman to start the design of Phase 2A Sanitary Sewer System Improvements in an amount not to exceed $230,000. Motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) Trustee Swanson asked about Lake Eleanor as a storm water retention basin. Mana- ger Franz stated that the village attorney is preparing an agreement to be submit- ted to the Lake Eleanor Home Owners Association. The State, however, is question- ing and somewhat opposed to the use of potable Lake Michigan water for refilling the basin if it is ever pumped down and an expected storm does not occur. Weather forecasts are not entirely accurate and pose a problem as to when the water should be released. Mayor Forrest reported that the Finance Committee has authorized Staff to secure bids regarding the design of the sanitary sewer through the Brickyards property. HACKBERRY RELIEF SEWER Village Engineer Soyka stated that though AMEND CONTRACT FOR DESIGN the Village had signed a contract with Baxter and Woodman to design the Hackberry Relief Sewer, the scope of the services were changed at his request which resulted in a $4,674 cost (without profit) above the original contract price. He was of the opinion that the engineers were entitled to the extra cost. Following a discussion of the sewer problems on Hackberry necessitating higher sewer and eng- ineering costs, Trustee Marty moved, seconded by Trustee York, to authorize an amendment of the contract for the Hackberry Relief Sewer Design to permit a payment above the original contract price in an amount not to exceed $4,674. Motion carried on the following vote: AYES: MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0) AWARD BID Trustee Marty moved, seconded by Trustee Maro- CONVENTIONAL TRUCK vitz, to award the bid for a conventional truck (UTILITY BODY) w /utility body to Rock River Ford, Inc. in an amount not to exceed $13,418. Motion carried as follows: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) VIADUCT BANNER DFLD. HISTORICAL SOCIETY FALL FESTIVAL Trustee Seidman moved, seconded by Trustee Mar- ty, to grant the request of the Deerfield -Area Historical Society for a viaduct banner for two weeks prior to the Fall Festival on September 8, 1985. Motion carried unanimously. Mayor Forrest stated that under the . proposed. Income Tax Reform, 1985 pro- perty taxes may not be deductable. He wondered if there was some kind of pro- vision that could be made to permit 1985 property taxes to be paid before the end of 1985 in order to pick up a tax deduction. Finance Director George Valentine was directed to look into that possibility. There being no further business to come before the Board, upon motion by Trustee Marty, the meeting was adjourned at 9:30 P.M. APPROVED: ATTEST: Village ler P��MAYOR