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11/03/1987The regularly scheduled Village Board meeting of Monday, November-2, 1987 was held on November 3, 1987 due to a lack of a quorum. November 3, 1987 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Clerk in the Council Chamber of the Village Hall on Tuesday, November 3, 1987 at 8:00 P.M. Upon motion of Trustee Swanson, seconded by Trustee Rosenthal and unanimously approved, Trustee Marty was named Mayor Pro Tem. The Clerk called the roll and announced that the following were Present: Cynthia J. Marty, Mayor Pro Tem Harriet E. Rosenthal Vernon E. Swanson J. Robert York Absent: Bernard Forrest, Mayor James L. Marovitz Edwin B. Seidman and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Village Attorney James Stucko. Truste Rosenthal moved, seconded by Trustee Swanson, that the minutes of the previous meeting be approved. Motion carried unanimously. ENGINEERING Village Engineer James Soyka appeared before the DEPARTMENT Board to discuss the written status report he had OBJECTIVES submitted. He noted that most of the projects that had been scheduled were completed. The sewer rehabilitation and pumping station projects would be completed by mid - December. The Lake -Cook Pfingsten Bridge project is about 2 months behind schedule due to difficulties in relocation of two gas mains. This delay may result in extra costs for winter concreting. AMENDMENT - SPECIAL USE Deerfield Federal Savings & Loan wish to expand DRIVE - THRU /DEERFIELD the size of their drive -thru building to better FEDERAL SAVINGS serve their customers. Trustee Swanson moved, seconded by Trustee Rosenthal, that the recom- mendations of the Plan Commission and VCDC re amendment to Special Use for drive -thru expansion, Deerfield Federal Savings & Loan be approved and the Attorney directed to prepare the necessary ordinance. Motion carried unanimously. SPECIAL USE /DEERBROOK Joseph Valenti Jr., representing petitioner, SHOPPING CENTER - displayed a sketch of the proposed Homemakers HOMEMAKERS warehouse. A furniture warehouse does not fall within permitted uses listed in the C -2. Petitioner requests an amendment to the Zoning Ordinance to include this type.facility. Trustee Swanson moved, seconded by Trustee Rosenthal, that the recom- mendation of the Plan Commission re Special Use for Deerbrook Shopping Center /Homemakers be accepted and the Attorney directed to prepare the necessary ordinance. Motion carried unanimously. CHESTNUT STATION - Petitioner wishes to omit the sidewalks which SUBSTANTIAL were previously approved for the Chestnut CONFORMANCE Station and requests a. finding of substantial conformance to the final development plan. Trustee Swanson moved, seconded by Trustee Rosenthal, that the recommendation of the Plan Commision re request for a finding of substantial conformance re Chestnut Station (Deerfield & Chestnut) in accordance with the plans submitted to the Plan Commission be accepted. Motion carried unanimously. TOLLWAY NORTH - Michael Faber, representing petitioner, discussed SIGNAGE PLAN the modification and placement of the sign being CHANGE submitted for approval. Board members were 1 1 concerned.that the placement of the sign was too close to Lake Cook Road. It was suggested that a sketch of the new sign and its placement on the property be submitted for review and further discussion of the request for finding 'in substantial conformance be postponed. Trustee Rosenthal moved, seconded by Trustee Swanson, that the report and recommendation of the Plan Commission re request for finding of substantial.conformance for Signage Plan changes - Tollway North (Walsh, Higgins) be tabled until the next meeting. Motion carried unanimously. 0 -87756 ORDINANCE Trustee Rosenthal moved, seconded by Trustee York, ADA'S DELICATESSEN that rules be waived to permit.passage of LAKE -COOK PLAZA Ordinance amending POD and Special Use_re Ada's Delicatessen, Lake -Cook Plaza on first reading. Motion carried unanimously. . Trustee Rosenthal moved, seconded by Trustee Swanson, that the Ordinance amending PUD and Special Use re Ada's Delicatessen, Lake -Cook Plaza be adopted. Motion carried by the following vote: AYES: Marty, Rosenthal, Swanson, York (4) NAYS: None HAWTHORN LANE WATER Mary Ann Cronin, representing Deerfield Saunders PUMPING STATION & Joint Venture, spoke to the Board about the 2 year RESERVOIR warranty period specified in the agreement between Riverwoods, Deerfield and developers regarding the pumping station. Inasmuch as the facility has been operating satisfac- torily for two years, petitioner is requesting a one year warranty period. In order to avoid amending the agreement and if this is agreeable to the Board, petitioner will draft a side letter to the Villages of Deerfield and Riverwoods specifying a one year warranty period. Trustee Swanson moved, seconded by Trustee Rosenthal, that the Village be authorized to accept the Hawthorne Lane Water Pumping Station and Reservoir system; the Village is willing to accept a one year warranty period versus a two year period and Deerfield Saunders Joint Venture .will provide a letter to that effect. Motion carried unanimously. MFT SUPPLEMENTAL RESOLUTIONS several years ago. completed and closed Village Engineer James Soyka stated that a recent audit by MFT auditors revealed two supplemental resolutions are necessary for projects completed The bills have been paid and the projects are out. Trustee Swanson moved, seconded by Trustee York, that the resolutions authorizing expenditure of MFT funds for Wilmot Road improvements between Deerfield Road and Lake Cook Road in the amount of $2,534.95 and the rehabilitation of Deerfield Road between Park Avenue and Wilmot Road in the amount of $18,676.95 be passed. Motion carried by the following vote: AYES: Marty, Rosenthal, Swanson, York (4) NAYS: None (0) AGREEMENT - Soo Village Engineer James Soyka discussed the LINE RAILROAD agreement the Village signed with Soo Line Railroad for the Kates Bridge utility relocation. The railroad sent the Village an agreement for relocation of railroad signal lines and providing railroad flagmen for the job. In order to prevent work stoppage on this project, the Village signed the agreement in the amount of $25,729 (funds of $100,000 had been previously. allocated for this type of expense). The Board was requested to confirm. acceptance of this agreement. Trustee York moved, seconded by Trustee Swanson,' that the agreement with. _ the_ Soo ..Line....Railr.oad for Kates. Bridge, .Utility Relocation in the amount.. of= $25,729 be accepted. Motion carried by the following vote: t AYES: Marty, Rosenthal, Swanson, York.(4) NAYS: None (0) DISCUSSION ITEMS: Trustee.York commented on a gasoline delivery truck tying up traffic in the central business district during the rush hour. He suggested the Village explore the possibility of restricting delivery by oversized vehicles during certain hours to alleviate the traffic congestion in the business district. Trustee Swanson discussed an article on Winnetka's efforts to revitlize their business district whereby service oriented businesses are prohibited from taking any new ground floor space in designated shopping areas. He suggested staff determine the amount of ground floor retail space in Deerfield occupied by retail and service oriented entities. A computerized program containing information on rental space would be helpful. There being no further business, upon motion of Trustee York, seconded seconded by Trustee Swanson, the meeting adjourned at 9:00 P.M. ATTEST: Village Clerk a APPROVED: Mayor FP,0 CEnj 1 1 STATEMENT REGARDING UNION DRAINAGE DISTRICT #1 Since last April, the Village has been involved in a law suit with the Union Drainage �-� District #1 due to their failure to repay a 1982 loan granted by the Village to increase water flows in the West Fork. The loan was based on an agreement whereby the District was to repay the loan, plus interest, by January 2, 1984. At the time, the District had limited funds because of earlier court action that postponed their normal assessment procedures. In order to expedite flood relief for residents along the West Fork, the Village agreed to lend the District $200,000, thereby allowing the improvements to be made. .In 1985, the District apparently received money through both .a regular and special assess- ment of the properties in the watershed. According to the District's audit and financial statement filed with the State of Illinois, the District had a $354,074 fund balance as of September 30, 1986. However, instead of repaying its debt to the Village, the District retained this money. Based on information available to us, we have no way of knowing how these public funds were invested. Additionally, the District began to incur operating expenses of approximately $32,000 annually. The Village strongly questions the need'for these administrative costs and believes they are totally unnecessary for the proper operation of the Drainage District. Due to the lack of accurate and specific financial data available to the public, it is impossible to tell exactly how District funds have been used. To the best of our know- ledge, however, no money has been spent directly on projects that would improve storm water management, which is the sole function and responsibility of the District. Last week, the Village agreed to settle the law suit by acceptina $95,000 of the $113,000 still owed. Although we were reluctant to accept less than the full amount due, we saw little to be gained by two local governmental bodies spending taxpayers' money on further litigation. It has recently come to our attention that the District held an election on September 8, 1987, at which time Marjorie Rogers, an incumbent commissioner, was purportedly re- elected for a three year term. A total of 11 votes were cast. In researching the matter, it was found that the legal notice for the election was published in the Waukegan News Sun and the Chicago Daily Law Bulletin. There was NO announcement for this election in any of the three local newspapers published weekly in Deerfield nor where there any notices posted in public places as has been the practice in the past. We can only assume that the Drainage District was not interested in conducting a fair and repre- sentative election in which all eligible voters could participate. Since 1982, few issues in Deerfield have evoked more interest than storm water manage- ment. Yet the three member Drainage District Board found it convenient to hold what can only be considered a "private" election. This is an insult to the voting public and it is compounded by the fact that the Drainage District has not held an election since 1983. In that year, a suit challenging the election of a commissioner resulted in a temporary stay of further elections. The suit was apparently resolved in January of 1985, but no elections were scheduled until this year. In effect,-the current commissioners - by legislative fiat - extended each of their terms to six years, as opposed to the three year term allowed by State Statute. In attempting to learn of the District election held in September, the Village requested basic information. When it was not forthcoming as promised, we requested the material under the Freedom of Information Act. The District responded that more than the —� regular seven days were needed to produce the information and indicated it would be available on September 30th. We finally received the material on October 2nd ... a clear violation of the State Freedom of Information Act. STATEMENT. REGARDING UNION DRAINAGE DISTRICT #1 Page 2 In light of these irregularities, the Village filed a petition in Lake County this morning for a proper election of commissioners for the Union Drainage District #1. Because of the major flood retention projects now under design, it is critical and important that commissioners be duly chosen by the voters in a public election and that they be accountable to the people whom they represent. November 2, 1987