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.
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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
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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
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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
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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
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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
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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:
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Village Clerk
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