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06/05/1995June 5, 1995 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, June 5, 1995, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest; Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the previous meeting. The motion passed unanimously. PROCLAMATION - 1995 BOYS Mayor Forrest read a proclamation TENNIS STATE CHAMPIONS designating the week of June 5,.1995, Deerfield High School Boys Tennis Team Week in recognition of their accomplishment in winning the 1995 State Championship. Trustee Rosenthal made a motion to accept the proclamation. Trustee Swanson seconded the motion. The motion passed unanimously. Coach Chuck Morrison introduced the team members and coaches. RRPnPTG REPORT AND RECOMMENDATION The Cadwell School building has been OF PLAN COMMISSION RE sold to the True Way Presbyterian TRUE WAY PRESBYTERIAN Church. Since no privately owned CHURCH property or structures are allowed in the P -1 District, the church is requesting that the property be rezoned to R -1, Single Family Residential District. Under Article 4.01 -C,4, religious institutions are a Special Use in the R -1 District. It is the recommendation of the Plan Commission that the True Way Presbyterian Church's request for a Special Use to permit the establishment of a church at 445 Pine Street be approved, and that the church's request for a rezoning from P -1 Public Land District to R -1 Single Family Residential District be approved. Howard Kang, pastor of the True Way Presbyterian Church, and Gordon Levy, landscape architect with Thompson Dyke, were in attendance to respond to questions from Board members. After discussion regarding parking - including handicapped parking and the possible restriction of church parking lots through the use of gates and /or chains, signage, lighting, landscaping, and plans for Deerfield Youth Baseball, Trustee Rosenthal made a motion to accept the Plan Commission report and to direct the Village attorney to prepare an ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. A resident in the audience reminded Pastor Kang and Board members that a time capsule is buried under the flag pole on the site. SEAT BELT COMPLIANCE Michael Whitter of the National Highway AWARDS Traffic Safety Agency and Pete Sanders of the Illinois Department of Transportation were in attendance to award plaques to Mayor Forrest in recognition of the Village's achievement in attaining 800 compliance in safety belt use. 1 CONSENT AGENDA ORDINANCE 0 -95 -21 RE An ordinance amending a special use at WALDEN SCHOOL SPECIAL USE Walden School to permit construction of two additional classrooms at the west end of the building. First Reading. Trustee Rosenthal made a motion for a waiver of the rules to permit Trustee Rosenthal made a motion to pass the Consent Agenda and adopt the ordinances.and the resolution. Trustee Seidman seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) OLD BUSINESS AN ORDINANCE AUTHORIZING An ordinance authorizing the acquisition ACQUISITION OF PROPERTY of property through condemnation or FOR WIDENING OF PARK LANE otherwise for the widening of Park Lane. First Reading. Mr. Franz explained that the purpose of the ordinance is to authorize the Village to obtain the property needed to permit the completion of Park Lane north to Rosewood. This project has been planned for many years. The subject arose at this time because a letter of credit for John Elliot, owner of 245 Park Lane, is about to expire, and Mr. Elliot requested at a previous Board meeting that his funds be released. Staff felt that the letter of credit should be extended and that the street should go through. The Board was in agreement and directed staff to move forward with plans to acquire the needed property and proceed with development. Subsequently, James Cohn of 1455 Rosewood requested that area residents be given the opportunity to address the Board. Trustee Heuberger stated that he is opposed to the passage of the ordinance. He feels the condition has existed for over twenty years and there is no urgency to change it at this time. He agreed with a letter from the principal of South Park School that the extension of Park'Lane could create a hazard for school children. Mr. Cohn was the first of a group of area residents to address the Board. He has a petition signed by 65 Village residents who are opposed to the extension of Park Lane. He said that although he knew the extension was a possibility, he didn't expect it to ever take place because Rosewood goes directly into the South Park schoolyard. He feels there is no important reason for putting the street through, that the safety of children is more important than snow removal, and that access for emergency vehicles hasn't been a problem. He asked the Board to reconsider its decision and not proceed with the extension. Several other Rosewood residents also addressed the Board, echoing concerns raised by Mr. Cohn. After all residents who wished to speak had the opportunity to do so, Mayor Forrest commented that if the street is not put through at this time, it.may still have to be put through later, should 2 the ,ordinance to be voted on at first reading. Trustee Seidman seconded the motion. The motion passed unanimously. ORDINANCE 0 -95 -22 RE An ordinance amending Chapter 20 of the CHANGE IN REQUIREMENTS Municipal Code of the Village of FOR LETTERS OF CREDIT Deerfield of 1975 and Section 4 -103 of the Village of Deerfield Development Code to allow the requirements for Letters of Credit to be changed. Second Reading. RESOLUTION R -95 -09 RE A resolution in which the Village assumes 4TH OF JULY PARADE full responsibility for direction, protection and regulation of traffic during the 4th of July Parade. Trustee Rosenthal made a motion to pass the Consent Agenda and adopt the ordinances.and the resolution. Trustee Seidman seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) OLD BUSINESS AN ORDINANCE AUTHORIZING An ordinance authorizing the acquisition ACQUISITION OF PROPERTY of property through condemnation or FOR WIDENING OF PARK LANE otherwise for the widening of Park Lane. First Reading. Mr. Franz explained that the purpose of the ordinance is to authorize the Village to obtain the property needed to permit the completion of Park Lane north to Rosewood. This project has been planned for many years. The subject arose at this time because a letter of credit for John Elliot, owner of 245 Park Lane, is about to expire, and Mr. Elliot requested at a previous Board meeting that his funds be released. Staff felt that the letter of credit should be extended and that the street should go through. The Board was in agreement and directed staff to move forward with plans to acquire the needed property and proceed with development. Subsequently, James Cohn of 1455 Rosewood requested that area residents be given the opportunity to address the Board. Trustee Heuberger stated that he is opposed to the passage of the ordinance. He feels the condition has existed for over twenty years and there is no urgency to change it at this time. He agreed with a letter from the principal of South Park School that the extension of Park'Lane could create a hazard for school children. Mr. Cohn was the first of a group of area residents to address the Board. He has a petition signed by 65 Village residents who are opposed to the extension of Park Lane. He said that although he knew the extension was a possibility, he didn't expect it to ever take place because Rosewood goes directly into the South Park schoolyard. He feels there is no important reason for putting the street through, that the safety of children is more important than snow removal, and that access for emergency vehicles hasn't been a problem. He asked the Board to reconsider its decision and not proceed with the extension. Several other Rosewood residents also addressed the Board, echoing concerns raised by Mr. Cohn. After all residents who wished to speak had the opportunity to do so, Mayor Forrest commented that if the street is not put through at this time, it.may still have to be put through later, should 2 further subdivision of lots in the area occur. Trustee Rosenthal added that the extension of Park Lane isn't an issue affecting Rosewood residents only. Rosewood residents should realize that traffic not currently going down their street is going down someone else's street instead, and these people value their privacy too. She also pointed out that Chief of Police Anderson does not concur with Principal Nielsen - Hall's opinion that the extension would produce a safety hazard. He feels that pedestrian safety would be increased by the extension of Park Lane. After further discussion, Trustee Swartz moved for a waiver of the rules to allow the ordinance to be voted on at first reading. Trustee Ehlers seconded the motion. The motion passed unanimously. Trustee Swartz moved to adopt the ordinance. Trustee Ehlers seconded the motion. The motion failed to pass by the following vote: AYES: None (0) Nays: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) Trustee Seidman commented that a three -way stop should be considered for Kenmore. This issue will be reviewed by the Safety Council. ORDINANCE AMENDING An ordinance providing for residential MUNICIPAL CODE RE buildings of four or more units to be SANITARY SEWER BILLING billed for sewer usage based on the FOR MULTI FAMILY UNITS amount of water used during the current billing period rather than being billed for the entire year based on the amount of water used during the billing period which includes the month of January. First Reading. The purpose of the ordinance is to prevent year around residents from having to subsidize the sewer usage of residents who are not living in Deerfield during the winter and who therefore, under the current system, have a small sewer rate for the entire year. The Optima development, currently under construction, which has been heavily promoted to empty nesters, has prompted the Board to study this issue. Mr. Valentine commented that the cost to the Village of doing the additional meter readings would be minimal. A disadvantage to owners of multi - family units is that they might find it necessary to install special meters to show how much water is used for indoor use and how much is used for outdoor use. AUTHORIZATION FOR MAYOR An authorization for the Mayor to sign TO SIGN CONTRACT TO a contract to purchase 623 Deerfield PURCHASE PROPERTY AT 623 Road at a cost of $255,000. The house, DEERFIELD ROAD located on the south side of the street, directly across from Rosemary Terrace, is at the east end of the downtown area and is zoned C -1 Village Center. It is an important parcel of property for the future redevelopment of the southeast quadrant. Trustee Seidman made a motion to authorize the Mayor's signature. Trustee Swartz seconded the motion. The motion passed by the .following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) RESOLUTION R -95 -10 A resolution authorizing the Mayor to AUTHORIZING MAYOR TO sign an amended water agreement with SIGN AMENDED WATER Riverwoods. Under the amended agreement AGREEMENT WITH a 16" water main will be installed under RIVERWOODS Montgomery Road and eventually under I -294 to the Thorngate subdivision. A major provision in the amended agreement is that, effective July 1, 1995, Deerfield will sell water to Riverwoods at the rate of 90% of 3 the amount we bill Deerfield residents instead of the 85% currently charged. Trustee Seidman made a motion, seconded by Trustee Swartz, to adopt the resolution. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) NEW BUSINESS ANALYSIS AND AWARD OF Five competitive bids for a 1996 36,220 BID FOR DUMP TRUCK GVWR dump truck were received. The budgeted amount is $52,000. It is the recommendation of the Director of Public Works and Engineering that the low bid with trade -in of $33,397, which was submitted by Lake County Truck Sales, be accepted. Trustee Seidman made a motion to accept the bid of Lake County Truck Sales for an amount not to exceed $33,397. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ANALYSIS AND AWARD OF Three competitive bids were received for BID FOR DEERPATH DRIVE Deerpath Drive improvements. It is the RECONSTRUCTION recommendation of the Village consultant and the Engineering Department that the contract be awarded to the low bidder, Eric Bolander Construction' Co., at the bid price of $538,695.91. Mr. Franz explained that Bolander Construction failed to include the required affidavits of non - collusion, certification of non- discrimination and certificate of compliance with the State of Illinois prevailing wage rates. The Village was advised by Eric Bolander that these documents, which had been routinely submitted in prior bid proposals for prior jobs within the Village, had been omitted due to clerical error. The appropriate documents were submitted to the Village shortly thereafter in compliance with Village bid recommendations. After reviewing the matter with the Village attorney, staff recommends that the Board award the contract to Bolander Construction as the lowest responsible bidder. Terry Barnett, President of Glenbrook Excavating & Concrete, which submitted the second lowest bid for the Deerpath Drive project, was in attendance to express his opinion that the omission of the documents should disqualify Bolander from being awarded the bid. He has made the same kind of error in other municipalities and has had his bid disqualified for being irregular. Mayor Forrest and the Board stood by the Village attorney's opinion that Section 9 -21 of the Municipal Code allows minor omissions or errors not affecting the bid amount to be corrected. Trustee Ehlers made a motion to award the bid to Eric Bolander Construction in an amount not to exceed $538,695.91. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) AUTHORIZATION TO RETAIN Ciorba Group has provided the design CIORBA GROUP FOR engineering services for the Deerpath CONSTRUCTION ENGINEERING Drive Improvement Project. They have SERVICES - DEERPATH DRIVE completed a good design within budget. They are currently providing engineering services for two other Village projects. Their not -to- exceed fee for Deerpath Drive construction engineering services is $60,500 plus material testing, estimated to be $3,900. It is the 4 recommendation of the Engineering Department that the Ciorba Group proposal be accepted. Trustee Swartz made a motion to retain Ciorba Group for construction engineering services for Deerpath Drive for an amount not to exceed $60,500 plus $3,900 for material testing. Trustee Heuberger seconded the motion. The mot-ion..passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None AUTHORIZATION TO PURCHASE The 1995 -96 budget authorizes REPLACEMENT VEHICLE FOR replacement of the Police Department's POLICE DEPARTMENT 1991 Aerostar van. Since the State bid for vans will not be let until late fall, the police department obtained quotes from a number of retail dealers. Based on superior crash and safety ratings, an immediate delivery date, and a price quote that exceeds last year's State bid by only $600, it is Chief Anderson's recommendation that the Board approve the purchase of a 1995 Dodge Caravan from Dodge of Glenview at a cost not to exceed $15,590. Trustee Rosenthal made a motion to approve the purchase of a 1995 Dodge Caravan from Dodge of Glenview for a cost not to exceed $15,590. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Mayor Forrest recommended property and given to the impact fee payment. Trus seconded the motion. The AYES: Ehlers, Heuberger, NAYS: None (0) that the 1991 van be declared surplus Deerfield Public Library as an additional tee Swartz so moved. Trustee Heuberger motion passed by the following vote: Rosenthal, Seidman, Swanson, Swartz (6) RESOLUTION R -95 -11 RE Mayor Forrest read a resolution stating INCREDIBLE UNIVERSE that the Village has no intention of annexing the land at the southwest corner of Lake Cook Road and Interstate 294 if it is developed as Incredible Universe. The resolution further requests the Village of Northbrook to deny the petition of Incredible Universe since their development would have serious short and long term negative impacts on the area in terms of traffic congestion on Lake Cook Road. After discussion regarding the wording of the resolution and an agreement by the Village attorney to clarify it, Trustee Heuberger made a motion to adopt the resolution. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) DISCUSSION D.A.R.E. PROGRAM Trustee Heuberger commended Chief Anderson and all those involved in the D.A.R.E. program. Trustee Swartz suggested that graduation from the program be held at night so that parents can attend. EARTH FLAG TO HOLY CROSS Trustee Seidman commended Kelly Cramer for her efforts with Holy Cross School, which was awarded an Earth Flag today. BOARD ROOM AUDIO /VISUAL Trustee Ehlers reminded Board members PROJECT that at the completion of tonight's regular meeting, Jesse Rotman will be in 0 attendance to discuss proposals he has received for the Board Room audio /visual project.. COMMITTEE OF THE WHOLE Mr. Franz reminded Board members that after Mr. Rotman's presentation, there will be a Committee of the Whole meeting to discuss the tollway. ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion, seconded by Trustee Swartz to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 9:40 P.M. APPROVED: ATTEST: 1 1 Village Clerk GO ,. .Z --