11/05/1990November 5, 1990
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, November 5, 1990 at 8:00 P.M. The
Clerk called the roll and announced that the following were
Present: Bernard Forrest, Mayor
Marvin Ehlers
James L. Marovitz
Edwin B. Seidman
Vernon E. Swanson
J. Robert York
Absent: Harriet E. Rosenthal
and that a quorum was present and in attendance. Also present was
Village Manager Robert Franz and Attorney James Stucko.
Trustee Seidman moved, seconded by Trustee Marovitz, that the
minutes of the previous meeting be approved. Motion carried
unanimously.
PROCLAMATION Mayor Forrest read a Proclamation
extending congratulations to the Rotary
Club of Deerfield - Lincolnshire on its sixtieth anniversary.
Trustee Seidman moved, seconded by Trustee Swanson, that the
Proclamation be accepted. Motion carried unanimously.
STUDENT GOVERNMENT DAY Mayor Forrest requested Jeff Katz, who was
elected Student Mayor, to introduce the
students who had been elected officers for Student Government Day.
Village Manager Robert Franz congratulated them and presented each
with a tile of Deerfield.
PUBLIC HEARING Mayor Forrest opened the Public Hearing
1990 TAX LEVY and read his statement regarding the 1990
Tax Levy, a copy of which is attached. A
public hearing is required when the proposed tax levy is more than
5% in excess of the previous year's levy, excluding debt service.
Finance Director George Valentine discussed the proposed 1990
levy. The actual increase combining Village, Debt Service and
Library is up 5.97 %. Increases in two pension areas and utilizing
the property tax for scavenger service user charges were
responsible for the increased tax levy.
Trustee Seidman moved, seconded by Trustee Marovitz, that the
Public Hearing be closed. Motion carried unanimously.
PUBLIC HEARING The Public Hearing was opened by Mayor
ANNEXATION OF 10.6 Forrest who read the attached statement.
ACRES EAST OF SAUNDERS/ The Plan Commission recommended annexation
SOUTH OF DEERFIELD ROAD of the Thorngate Club House parcel by the
PARKWAY NORTH Village with the understanding that the
current use of the property be permitted to
continue to operate as it presently does and the parcel should be
''..1 ri�',hFar s`T:^1- '..fl" _ ��3'IIC'i'P.C�_.�_..:� ... ., .",, V
including denial of petitioner's proposed sign along the Tollway,
as submitted. (As Amended 11/19/90)
Charles Loucks, of LaSalle Partners, representing petitioners,
reviewed the changes in the draft Annexation Agreement that was
originally presented to the Plan Commission. The Board discussed
the sign package and determined it was not ready for action.
Liquor licensing and dining facilities were also discussed. Upon
inquiry from Trustee Seidman, Mr. Loucks stated that there will be
an internal dining facility in their plans.
Trustee Marovitz moved, seconded by Trustee Swanson, that the
Public Hearing be closed. Motion carried unanimously.
Trustee Seidman moved, seconded by Trustee Ehlers, that the
recommendations of the Plan Commission re annexation, rezoning and
concept plan be accepted and the Attorney directed to prepare a
resolution authorizing the Mayor to execute the Annexation
Agreement and ordinances rezoning the property, amending the
existing Special Use, and approval of concepts of various uses
with specific review by the Board and Plan Commission when the
Thorngate Club operation is over. Motion carried unanimously.
The meeting recessed at 9:15 P.M. and resumed at 9:25 P.M.
MANPOWER COMMISSION Mayor Forrest announced the appointment of
Ronald May as Chairman of the Village
Center Development Commission effective immediately. Trustee
Marovitz moved, seconded by Trustee Ehlers, that the appointment
be approved. Motion carried unanimously.
0 -90 -39 ORDINANCE Trustee Seidman moved, seconded by Trustee
CONGREGATIONAL CHURCH Marovitz, that the recommendation of the
225 WILMOT ROAD Plan Commission finding the Final Plat of
Subdivision to be in substantial
conformance to the originally approved plan be accepted. Motion
carried unanimously..
Trustee Seidman moved, seconded by Trustee Ehlers, that the rules
be waived to permit passage of the Ordinance on first reading.
Motion carried unanimously.
Trustee Seidman moved, seconded by Trustee Marovitz, that the
Ordinance approving a Special /Use PRD - Congregational Church, 225
Wilmot Road, be adopted. Motion carried by the following vote:
AYES: Ehlers, Marovitz, Seidman, Swanson, York (5)
NAYS: None (0)
0 -90 -40 ORDINANCE
SPECIAL USE /PRD
1408 GORDON, BERTRAM
0 -90 -41 ORDINANCE
REAR YARD VARIATION
1408 GORDON, BERTRAM
Trustee Seidman moved, seconded
rules be waived to permit passage of
reading. Motion carried unanimously.
Marovitz, that the
Ordinance on first
Trustee Seidman moved, seconded by Trustee
Ehlers, that the recommendation of the
Plan Commission finding the Final Plat of
Resubdivision to be in substantial con-
formance to the originally approved plan
be accepted. Motion carried unanimously.
by Trustee
the
Trustee Seidman moved, seconded by Trustee Ehlers, that the
Ordinance re Special Use of Property located at 1408 Gordon,
Bertram be adopted. Motion carried by the following vote:
AYES: Ehlers, Marovitz, Seidman, Swanson, York (5)
NAYS: None (0)
Trustee Seidman moved, seconded by Trustee Ehlers, that the
Ordinance granting a rear yard variation, 1408 Gordon, Bertram be
ill.l(:�t•:,..... 1.1U :1i5i1 l: ti, T': it,u ..� �...., _ ..— �....i.;lb v uc. .
AYES: Ehlers, Marovitz, Seidman, Swanson, York (5)
NAYS: None (0)
Consent Agenda
0 -90 -42 ORDINANCE Ordinance granting front yard variation -
FRONT YARD VARIATION 1266 Woodland Drive, Donald and Jean
1266 WOODLAND DRIVE Pfeifer.
DONALD & JEAN PFEIFER
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0 -90 -43 ORDINANCE Ordinance amending Zoning Ordinance re
ZONING ORDINANCE Flag Lots.
RE FLAG LOTS
0 -90 -44 ORDINANCE Ordinance amending Municipal Code re
MUNICIPAL CODE Flag Lots.
RE FLAG LOTS
Trustee Marovitz moved, seconded by Trustee Seidman, that the
Consent Agenda be approved and the Ordinances adopted. Motion
carried by the following vote:
AYES: Ehlers, Marovitz, Seidman, Swanson, York (5)
NAYS: None (0)
REZONING - MEDICAL Ordinance re rezoning medical offices,
OFFICES, 760 OSTERMAN 760 Osterman. First reading.
CITATIONS COMPLIANCE Police Chief Richard Brandt discussed the
TICKETS procedure and policy governing the
issuance and use of Compliance Tickets.
The purpose of this program is to process ordinance violations
without the matter entering the court system.
Trustee Ehlers moved, seconded by Trustee Marovitz, that the
Compliance Ticket Program be accepted and the Attorney directed to
prepare the necessary ordinance. Motion carried unanimously.
Police Chief Brandt advised the Board that a student at Wilmot
Junior High School was a victim of a contaminated piece of
Halloween candy. The student has been hospitalized. The police
are conducting an investigation to determine which household
distributed that specific brand of candy.
REAL ESTATE CONTRACT Mayor Forrest read the attached statement
CASSAB INVESTORS GROUP regarding purchase of land at 807
Deerfield Road by the Village so that
construction of Phase II of the Robert York Avenue can begin. The
Village agrees to pay the owners $250,000.00, relocate the
existing shopping center entrance sign and grant a perpetual
,easement for 30 parking spaces.
Trustee Seidman moved, seconded by Trustee Swanson, that the Mayor
be authorized to sign a real estate contract with CASSAB Investors
Group, Inc. for the Gastfield Property (807 Deerfield Road) and
related easements. Motion carried by the following vote:
AYES: Ehlers, Marovitz, Seidman, Swanson, York (5)
NAYS: None (0)
ENGINEERING DESIGN Engineering services are necessary for the
,SERVICES rehabilitation of the Deerfield Road and
Montgomery Road bridges over the West
Fork. The Director of Public Works and Engineering recommends
accepting the proposal of Peter F. Olesen and Associates, Inc.
Trustee Marovitz moved, seconded by Trustee Ehlers, that the
�.6soc`:a�as L.:;.. iuP ues gli work on
the Deerfield and Montgomery Road bridge rehabilitation project at
a cost not to exceed $7,000.00 be approved. Motion carried by the
following vote:
AYES: Ehlers, Marovitz, Seidman, Swanson, York (5)
NAYS: None (0)
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DISCUSSION Bret Rappaport, representing the Deerfield
Committee to Preserve Thorngate,
distributed copies of that Committee's statement regarding the
Thorngate matter.
There being no further business, upon motion of Trustee Seidman,
seconded by Trustee Swanson, the meeting adjourned at 10:05 P.M.
A ROVED:
Mayor
ATTEST:
Village Clerk
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MAYOR FORREST'S STATEMENT REGARDING
THE 1990 TAX LEVY ORDINANCE
t e have scheduled a public hearing this evening on the proposed 1990 Tax
evy which is required under the Illinois Truth and Taxation Act. The
record should indicate that all publication requirements have been met
as provided by law.
The annual tax levy passed by the Village is often times misunderstood due
to the legal requirements imposed on public agencies and the confusion as
to how it impacts on the average tax bill. Deerfield is but one of several;
f.
local government bodies that file a tax levy each year. As a rule, we
receive approximately l0% of the total real estate taxes paid by property
owners. State law requires that the Library levy be included each year
with the Village. Combined, these levies equal approximately 13% of the
total property tax bill.
he Village Board and I are very conscious of the growing public resentment
of the Real Estate Tax. To that end, we have looked at alternative revenue:
sources to ease the burden on property owners. For example, two years ago,,,
the Village was able to eliminate the General Fund property tax due to new p
. s.
revenue from a Hotel Room Tax.
1
It should be pointed out, however, that seve'.ral increases in';the annual tax'
levy are due to forces beyond control of the-Village. Employee pension
requirements and State mandated programs preempt our efforts to hold the
line on property taxes.
t
At this time, I would like to call on George Valentine, Director of Finance;
to summarize this year's proposed tax levy after which the hearing will be
opened to questions or comments from the public.
November 5, 1990
MAYOR FORR ST'S INTRODUCTION
LASALLE 10.6 A-.-'RE ANNEXATION PETITION
A public hearing has been scheduled
Deerfield- Saunders Joint Venture t3
located south of Deerfield Road and
which is the current site of the Th,
Let the record show that we have on
publication.
this evening on the petition of
annex 10.63 acres of property
immediately east of Saunders Rn;ad,
Drngate Country Club Clubhouse.
file the affidavit of proof. nf. .
As most of you know, in 1985, the Tillage annexed 85 acres west of
the tollway which has since been developed into the Parkway North
complex. At that time, it was cc.ntemplated that additional proper-
ties bordering Parkway North would be considered for annexation by
Deerfield. Tonight, LaSalle Partners will present its annexation
and development plan-for an adjacent 10.6 acre parcel. It should be
noted that, although a part of the existing Thorngate Golf Course
operation, this property is not part of the 150 acres under consid-
eration for purchase by the Lake County Forest Preserve District.
With that background information, I will introduce Charles Loukas
from LaSalle Partners who will summarize the annexation proposal..
November 5, 1990
1
1
I
MAYOR FORREST'S STATEMENT REGARDING THE
REAL ESTATE SALE CONTRACT WITH
THE OWNERS OF THE COMMONS SHOPPING CENTER
November 5, 1900 Village Board Meeting
The Village has completed negotiations with the owners of the Commons
Shopping Center on a land transaction which will enable the construc-
tion of Phase II of the Robert York Avenue improvement south of Deer-
field Road. Included in the Real Estate Sale Contract before us this
evening are the following provisions:
The Commons owners agree to...
1). Sell the Gastfield Property (807 Deerfield Road) to
the Village.
2). Extinguish their easement rights to old Hoffman Lane.
3). Dedicate right -of -way, permanent easements and tempo-
rary construction easements needed for the road
improvement.
The Village agrees to...
1). Pay the Commons owners $250,000.
2). Relocate the existing shopping center entrance sign
and install it on a new pedestal at the southeast
corner of Robert York Avenue and Deerfield Road.
3). Grant a perpetual easement for 30 parking spaces
lost as a result of the road improvement..
This transaction also offers an added benefit by creating a potential
redevelopment site in the area as originally conceived when the
Village Center Tax Increment Financing District was created in 1986.
Although these negotiations have been a long and arduous task, the
Village is now in a position to complete its plans for Phase II of
the Robert York Avenue improvement.
Accordingly, I urge the Board to authorize me to sign the Agreement
this evening and direct staff to set a closing date as soon as
possible.
0554c
STATEMENT OF DEERFIELD COMMITTEE TO NESERVE THORNGATE
DPited-Noyegml er 5. 199 -
(With permission to reprint)
I am here on behalf of the Deerfield Committee to Preserve
Thorngate.
The Committee respectfully registers its smock and dismay at
the letter to the Editor that appeared in last week's Deerfield
Review. While we recognize and support everyone's right and duty
to speak out on issues of public concern, including public
officials in their individual capacity, and to discuss and argue
those issues in the "market place of ideas ", the Mayor's letter
in the Deerfield Review represents'an abuse of power, betrayal of
trust and a misprison of the duties of elected officials.
Furthermore, the mode and publication of this letter may be
violative of criminal portions of the Illinois Election
Interference Prohibition Act of 1977.
By writing the letter in an official capacity on village
stationery, the clear signal was sent to the voters that the
village's "official" position is that the electorate should vote
"no" on the Thorngate referendum.
Public officials have a sacred duty not to use their office
to affect the election process. Public officials have a legal
duty not to use any public funds or resources at their disposal
to advance their own political interests. Citizens who favor the
preservation of Thorngate and the paticipation by Deerfield in
that preservation do not have access to the public fisc. You do.
0
Given
the trust
and
respect
which
many villagers
place in,the
Mayor and
Trustees,
it
is clear
that
the letter will
have a
significant negative impact on the referendum vote. The letter
was certaintly intended to influence the result of the election
by urging electors to vote against the Thorngate proposition.
Because the letter was written in an official capacity, it
poisons the objectivity and purpose of the entire referendum
process.
In order to ameliorate the adverse impact that this letter
has had on the objectivity of the election process, the Committee
asks this Board, first, to view the election results in light of
the significant negative affect that this letter has had the
fairness of the referendum vote.
Second, this Board.should consider meeting before the next
scheduled meeting on November 19, 1990. The Forest Preserve
District meets for the last time in its current makeup on
November 16, 1990. Because the referendum is not binding, the
Forest Preserve District will not know this Board's decision on
the bond issue at the time of their last meeting. To give the
Forest Preserve District the ability to make a fair, accurate and
well informed decision on Thorngate, the Deerfield Committee to
Preserve Thorngate asks this Board to either call a special
meeting before November 16, 1990 or to adjourn this meeting to
such a date to render its decision on whether or not to issue the
bonds.
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