10/20/19861
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October 20, 1986
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, October 20, 1986 at 8:00 P.M. The Clerk
called the roll and announced that the following were
Present: Bernard Forrest, Mayor
James L. Marovitz
Cynthia J. Marty
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
J. Robert York
and that a quorum was present and in attendance. Also present were
Village Manager Robert Franz and Village Attorney James K. Stucko.
Trustee Seidman moved, seconded by Trustee Marovitz, that the minutes of
the previous meeting be approved. Motion carried unanimously.
BILLS & PAYROLL Trustee Seidman moved, seconded by Trustee Marty,
that the Bills and Payroll be accepted. Motion
carried by the following vote:
AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6)
NAYS: None (0)
TREASURER'S REPORT Month of September sales tax showed a decline of
10%. Receipts for the two new restaurants have
not been picked up by the State, who issue quarterly lists rather than
monthly. There are more businesses on stream this year than last.
FINANCE -
DEPARTMENTAL
OBJECTIVES
preparation of
establishments
and the Finance
Revenue.
e
Audit has been completed and will be presented
later. Finance Department has invested 102% of
Village funds. It has restructured short term
debt to long term and has been involved in
TIF District in downtown area. A survey of business
revealed six significant differences from the State list
.Department is awaiting action from the Department of
1986 ANNUAL. Mayor Forrest reported the Finance Committee had
FINANCIAL REPORT reviewed the comprehensive annual financial
report and found it to be well done. He noted
the Staff has completed its work expeditiously and the Village is in
excellent financial condition. Mayor Forrest recommended the Board
accept the report as presented.
Trustee Marty moved, seconded by Trustee Seidman, that the 1986 Annual
Financial Report be accepted as presented. Motion carried unanimously.:
DRAINAGE PROBLEMS Village Engineer James Soyka reported on the
CHESTNUT & WILLIAMS drainage problem at Chestnut and Williams Streets.
An investigation by Baxter and Woodman, environ-
mental engineers, revealed there are two distinct problems at the
intersection; sanitary sewer backup problems in the residents' homes and
- street flooding due to a localized low spot. Mr. Soyka stated that the
residents equate street flooding with sanitary sewer backup. However,
water in the street does not back up into the homes.
Mr. Soyka displayed a chart illustrating five phases of the proposed
sanitary sewer improvements. The area of Chestnut and Williams is
included in Phase 5 of the project. The Village is currently in Phase 2
of the sanitary sewer project Temporary and alternative measures were
discussed to.alleviate the problems in the Chestnut and Williams area,
including suggestions that homeowners take some measures of their own to
remedy the situation concerning sewer backup. It was determined that
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nothing can be done immediately without spending a great deal of money.
The sanitary sewers are inadequate and in a state of disrepair. They
have to be replaced. Village Manager Franz stated that the Village is
half way through the fiscal year and felt it should wait for all of the
other reports to come in from the consulting engineers and perhaps tie
it in with other major ongoing programs. If there is anything the
Village can do to expedite this matter, it will .recommend doing so. At
this point, nothing specific can be done.
CONSENT AGENDA
ORDINANCE 0 -86 -52 Ordinance amending Signage Plan for Arbor Lakes
SIGNAGE PLAN - Development. Second reading.
ARBOR LAKES
ORDINANCE 0 -86 -53 Ordinance approving Parkway North Signage Plan.
SIGNAGE PLAN - Second reading.
PARKWAY NORTH
AMENDMENT -
HOTEL SIGNS First reading of ordinance.
SPECIAL USE -
ARBOR LAKES/
EMBASSY SUITES First reading of ordinance.
SPECIAL USE -
FINAL PLAN/
DEERBROOK SHOPPING First reading of ordinance.
AMENDMENT - LIQUOR
LICENSE /PRIVATE
CLUBS First reading of ordinance.
AMENDMENT - PRIVATE
CLUBS /I -1 DISTRICT First reading of ordinance.
SPECIAL USE -
PRIVATE CLUB /ARBOR
LAKES First reading of ordinance.
Trustee Seidman moved, seconded by Trustee Marovitz, that the Consent
Agenda be adopted, including adoption of the ordinances. Motion carried
by the following vote:
AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6)
NAYS: None (0)
COST RECOVERY Trustee Marty moved, seconded by Trustee Swanson,
AGREEMENT - that the Mayor be authorized to sign the Cost
TOLLWAY NORTH Recovery Agreement re Tollway North Development.
Motion carried unanimously..
DISCUSSION - Mrs. Judith Brill, chairman of Union Drainage
MIDDLE FORK District #1, reported on the status of the work to
CLEANING be done on the Middle Fork. Design was completed
and bids were sent out. These were presented to the
Corps of Engineers for a permit to do the work. Last week the District
received a permit that now has some conditions which have to be resolved
with the contractors. After the special conditions on the permit are
resolved with the contractor, the District will send a letter of
notification to residents.
Mayor Forrest commented that a severe flooding problem still exists. He
asked how long it will take to move on this project. Mrs. Brill
responded it could be started in the next month to 6 weeks if the cost
of the extra work imposed by the Corps of Engineers is acceptable to the
commissioners.
Mayor Forrest stated that if the District needed any help in completing
the project, to let the Village know what they can do to help.
Herbert.Landon, Chairman of the West Skokie Drainage District, appeared
before the Board later in the meeting. He stated the district has its
bids ready to be looked at by the Commissioners. They can start in 30
days. They are aware that permission has been granted by the Corps of
Engineers to the Union Drainage District. They will get their own
permit from the U.S. Corps of Engineers. The West Skokie Drainage
District has waited until they are sure that the cleaning of Middle Fork
is going to proceed. Their position is they cannot clean until it is
clear south of them.
COMMONWEALTH EDISON Village Engineer Soyka recommended approval of the
AGREEMENT - RELOCATE Commonwealth Edison agreement to relocate three of
AERIAL LINES /KATES their poles on the west side of the railroad
ROAD BRIDGE tracks for the Kates Road bridge. Since the cost
estimate for placing the cables underground was
$100,000 versus $19,069 for relocating the poles and elevating the
wires, Mr. Soyka recommended the latter. He noted there was no
negotiating when dealing with Commonwealth Edison.
Trustee Swanson moved, seconded by Trustee Seidman, that the Board
authorize an agreement with Commonwealth Edison for relocation of three
poles on the west side of the railroad tracks for the Kates Road bridge
at a cost not to exceed $19,069. Motion carried by the following vote:
AYES: Marovitz, Marty, Rosenthal, Seidman,. Swanson;.York (6)
NAYS: None (0)
Further discussion focused on the procedure for collecting unpaid water
bills and how other municipalities treat this problem. The consensus of
the Board was that it was unfair to have a new owner pay an unpaid bill
of the previous owner. Trustee Marovitz suggested the Village Attorney
redraft the ordinance so that it doesn't appear to apply to subsequent
owners. Attorney Stucko indicated that interpretation of the ordinance .
was incorrect not the ordinance per se.
Trustee York moved, seconded by Trustee Seidman, that the Village refund
the money paid by Mr. Shore for the unpaid water bill of the previous
owner. Motion carried by the following vote:
AYES: Marovitz, Marty,. Rosenthal, Seidman, Swanson, York (6)
NAYS: None (0)
PEDESTRIAN ACCESS Berkley /Linden residents are requesting a
WOODLAND PARK pedestrian access to Woodland Park. According to
minutes of a public hearing held May 24, 1979,
the developer expressed his willingness to install a sidewalk between
Lots 10 and 11. Following that discussion and a subsequent Plan
Commission meeting where that recommendation was approved and forwarded
to the Board, there was no additional discussion and the final plan was
approved without such a sidewalk.
In order to proceed with having the pedestrian access installed,
Attorney Stucko stated the Village should find out the attitude and
position of the people who own Lot 11, if they have any interest in
contributing property to this proposal. The width of the property
dedicated-..,for this access should be determined and ownership of Lot 10
should be confirmed. Unless a dedication from the property owners is
obtained, the Village would have to condemn the property.
UNPAID WATER BILLS
A review of Village policy on payment of
unpaid
water bills was conducted. Mitch Shore,
a
Deerfield resident
who brought this matter to the attention of
the
Board, related his
experience of having to pay an unpaid water.
bill of
the previous owner
was advised by the
whose water had been turned off by the Village.
Village that the water would remain turned
He
off until
the bill was paid.
Mr. Shore subsequently paid the bill but stated
he
felt he was being
held ransom by the Village.
Further discussion focused on the procedure for collecting unpaid water
bills and how other municipalities treat this problem. The consensus of
the Board was that it was unfair to have a new owner pay an unpaid bill
of the previous owner. Trustee Marovitz suggested the Village Attorney
redraft the ordinance so that it doesn't appear to apply to subsequent
owners. Attorney Stucko indicated that interpretation of the ordinance .
was incorrect not the ordinance per se.
Trustee York moved, seconded by Trustee Seidman, that the Village refund
the money paid by Mr. Shore for the unpaid water bill of the previous
owner. Motion carried by the following vote:
AYES: Marovitz, Marty,. Rosenthal, Seidman, Swanson, York (6)
NAYS: None (0)
PEDESTRIAN ACCESS Berkley /Linden residents are requesting a
WOODLAND PARK pedestrian access to Woodland Park. According to
minutes of a public hearing held May 24, 1979,
the developer expressed his willingness to install a sidewalk between
Lots 10 and 11. Following that discussion and a subsequent Plan
Commission meeting where that recommendation was approved and forwarded
to the Board, there was no additional discussion and the final plan was
approved without such a sidewalk.
In order to proceed with having the pedestrian access installed,
Attorney Stucko stated the Village should find out the attitude and
position of the people who own Lot 11, if they have any interest in
contributing property to this proposal. The width of the property
dedicated-..,for this access should be determined and ownership of Lot 10
should be confirmed. Unless a dedication from the property owners is
obtained, the Village would have to condemn the property.
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Mayor Forrest requested this matter be put on the agenda for the next
meeting.
TAXICAB RATE Mr. Walter Kelly, Jr. President of North Suburban
INCREASE Yellow Cab, Inc., spoke before the Board and
answered questions relating to the taxi industry
and his request for a rate increase. A representative from the American
Cab Company was also present in the audience and answered questions
directed to him.
Trustee York moved, seconded by Trustee Rosenthal, that the request for
a rate increase be approved and the Attorney directed.to prepare an
ordinance.' Motion carried unanimously.
DRIVEWAYS VARIATION, -
WALSH, HIGGINS & CO.
TOLLWAY NORTH
Village Engineer James Soyka recommended that the
request of Walsh, Higgins & Company for a driveway
variation be granted.
Trustee Rosenthal moved, seconded by Trustee Seidman, that the request
for a driveway variation of 36 feet by Walsh, Higgins & Company, Tollway
North. be granted and the Attorney directed to prepare an ordinance.
Motion carried. Trustee Marovitz abstained from voting. ,
VILLAGE CENTER Mayor Forrest noted that improvements to the
REDEVELOPMENT PLAN Village Center has been a topic of discussion of
the Board and business district for many years.
The Village Center Development Commission has worked diligently in
evaluating means to accomplish this task and hired Teska and Associates,
plan consultants, to assist in preparing a Redevelopment Plan for the
Village Center. A final draft of that plan was given to the Board. The
Mayor requested the Board to acknowledge receipt of the report and direct
that a'public.hearing on the Redevelopment Plan be scheduled for Monday,
November 24. Copies of the report will be sent to all taxing bodies
as required by law. They and the general public will have ample time
to comment on'-the plan before and at the public hearing. The Mayor
stressed that there is no direct financial impact on taxpayers should
the.TIF District be established. He expressed confidence that in the
long run these efforts will improve the appearance and economic
Vitality of this most essential part of the community.
Trustee Seidman moved, seconded by Trustee York, that the Board
acknowledge receipt of the Village Center Redevelopment Plan and direct
a Public Hearing to be held November 24th. Motion carried unanimously.
DISCUSSION ITEMS:
SIDEWALK SNOWPLOW
been recommended that
time and do the best
should be included in
Efforts to find a used piece of machinery for
sidewalk snowplowing have not been successful.
Cost of a new machine is close to $36,000. It has
the Village delay purchasing a new qne at this.
it can with parts for the old one. A new machine
the 1986 -87 budget.
CHADWICK SQUARE Mr. Fox, representing developers of Chadwick
Square, stated that the developer has complied
with the Board and Plan Commission requirements for the final plat of
subdivision. Village Engineer Soyka requested that..the developer post
their letter.of credit representing 110% of the improvement cost of the
entire subdivision prior to the Board accepting and /or signing the plat.
The lender is reluctant to issue a letter of credit and disburse any
funds on the property due to the fact that title has not been trans-
ferred. The lender wants to make' sure that once they are ready to close
the transaction that there are no more Village meetings, rules and
regulations that have to be complied with. They want to know that when
they are ready to disburse funds that the plat can be recorded without
any further signatures.
Village Attorney Stucko noted that the minutes should reflect that no
further action is required by the Board. The lender can get a copy of
the minutes to satisfy their request that no further action needs to be
taken..
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Trustee Marovitz moved, seconded by Trustee Swanson, that the.Mayor be
authorized to execute the plat of subdivision for Chadwick Square
subject to the Village having first received a letter of credit in the
amount of 110% for subdivision approvals without further action by the
.Board. Motion carried unanimously.
RTA Trustee Rosenthal commented on the articles
appearing in the newspapers in which the RTA has
totally misrepresented Deerfield's position on. the proposed commuter
rail station in the Lake Cook corridor. .Mayor Forrest mentioned that
Mr. Benton would be appearing before the Board to report on the meetings
that were held.
'There being no further business, upon motion of Trustee Seidman,
seconded by Trustee York, the meeting adjourned at 9:50 P.M.
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"PROVED-
Mayor
PIE