06/20/1995June 20, 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 Tuesday, June 20, 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
Absent: 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 Heuberger, to
approve the minutes of the previous meeting. The motion passed
unanimously.
BILLS AND PAYROLL Trustee Seidman made a motion, seconded
by Trustee Ehlers, to approve the Bills
and Payroll. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
REPORTS
REPORT AND RECOMMENDATION A public hearing was held on May 16,
OF BZA RE REQUEST FOR 1995, to consider the request of Nadine
FRONT YARD VARIATION FOR and Michael Cavanaugh of 856 Rosemary
856 ROSEMARY TERRACE Terrace. The petitioners are seeking
relief from Variation Ordinance 0 -75 -37
which granted a reduction in the size of the required front yard
from 25' to 21'. They would like to build a roofed -over, open
front porch and stairs which would extend 10' 2" into the 21'
required front yard. By a vote of 2 to 4, the Board of Zoning
Appeals failed to recommend that the requested variation be
granted.
Mr. Cavanaugh was in attendance to present his case. Robert
Speckmann and Clint Case were in attendance representing the Board
of Zoning Appeals. Mayor Forrest noted that one of Mr. Cavanaugh's
neighbors has written a letter to the Board in support of Mr.
Cavanaugh's plans. Several other neighbors were at the meeting,
all of whom are in favor of allowing the porch and roof to be
built.
Trustee Seidman indicated that if the steps for the proposed porch
were to go off to the side instead of to the front, he would not be
opposed to allowing the porch to be built. Mr. Cavanaugh agreed to
have the steps go off to the side. Mr. Case pointed out that this
solution does not address the issue of adding a roof. Trustee
Rosenthal commented, and Mayor Forrest agreed, that the issue is
not whether the porch would look nice, but that there is no
hardship, and therefore no justification, for failing to follow the
zoning ordinance.
After further discussion, Trustee Seidman made a motion to accept
the report and recommendation of the Board of Zoning Appeals.
Trustee Ehlers seconded the motion. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal (3)
NAYS: Seidman (1)
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Mr. Case agreed to work with Mr. Cavanaugh on a plan which does not
violate the zoning ordinance.
CONSENT AGENDA
ORDINANCE 0 -95 -23 REZONING An ordinance granting a special use to
PROPERTY AND AUTHORIZING permit the establishment of a church at
A SPECIAL USE - TRUE'WAY 445 Pine Street, and rezoning the
PRESBYTERIAN CHURCH property from P -1 Public Land District
to R -1 Single Family Residential
District. First Reading.
Trustee Seidman made a motion to waive the rules to allow the
ordinance to be voted on at first reading. Trustee Heuberger
seconded the motion. The motion passed unanimously.
ORDINANCE 0 -95 -24
An ordinance
establishing prevailing
ESTABLISHING PREVAILING
wage rates.
First Reading.
WAGE RATES
Trustee Seidman made a motion to waive
the rules to allow the ordinance to be voted on at first reading.
Trustee Heuberger seconded
the motion. The
motion passed
unanimously.
ORDINANCE 0 -95 -25
An ordinance
increasing commuter
INCREASING COMMUTER
parking fees
for non - residents from
PARKING FEES FOR NON-
$120 to $150
for a six month period.
RESIDENTS
The increase
is to take place effective
July 1, 1995.
First Reading.
Trustee Heuberger made a motion to waive the rules to allow the
ordinance to be voted on at first reading. Trustee Ehlers seconded
the motion. The motion passed unanimously.
Trustee Seidman made a motion to adopt the Consent Agenda and pass
the ordinances. Trustee Ehlers seconded the motion. The motion
passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
OLD BUSINESS
ORDINANCE 0 -95 -26 An ordinance providing for residential
AMENDING MUNICIPAL CODE buildings of four or more units to be
RE 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. Second
Reading.
Trustee Rosenthal made a motion to adopt the ordinance. Trustee
Heuberger seconded the motion. The motion passed by the following
vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
AUTHORIZATION TO AWARD Police Chief Anderson explained that the
CONTRACT FOR POLICE eight year old Mobile Data Terminal
MOBIL DATA TERMINAL Network equipment is failing and needs to
EQUIPMENT be replaced. Motorola, the original
supplier, no longer builds terminals of
the type operated by the Village, so repairs must be made with used
parts.that are becoming increasingly expensive. Based on an
analysis by representatives of the communities who will be using
the system, Chief Anderson made the following recommendations:
1) That a contract be awarded to Meade Communications to provide
an Electrocom based Mobile Data Terminal System at a cost not to
exceed $52,067.
Trustee Rosenthal made a motion to award the bid for the Mobile
Data Terminal System to Meade Communications at a cost not to
exceed $52,067. Trustee Ehlers seconded the motion. The motion
passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
2) That a contract be awarded to HTE, Inc. to provide software for
the Mobile Data Terminal System at a cost not to exceed $3,500.
Trustee Rosenthal so moved. Trustee Ehlers seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
3) That a contract be awarded to Lund Industries to provide 9
radio /computer terminal consoles at a cost not to exceed $4,000.
Trustee Rosenthal so moved. Trustee Ehlers seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
4) That a contract be awarded to Communications Direct to provide
14 mobile radios at a cost not to exceed $22,036.
Trustee Rosenthal so moved. Trustee Ehlers seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
Chief Anderson indicated that when the best vendor is determined,
he will return to request authorization to purchase 3 lap top
computers for the Mobile Data Terminal System.
NEW BUSINESS
PROPOSAL FOR WASTEWATER Mr. Soyka explained that the Village has
RECLAMATION FACILITY accumulated about 2,000 cubic yards of
SLUDGE DISPOSAL sludge from the wastewater treatment
facility and needs to dispose of it.
Environmental regulations make disposal difficult. The only sludge
hauler in northeast Illinois is Bio -Gro. Mr. Soyka recommends that
a contract be awarded to Bio -Gro at the unit price of $14.00 per
cubic yard.
Trustee Seidman made a motion to award the sludge removal contract
to Bio -Gro at a cost not to exceed $14.00 /cubic yard. Trustee
Ehlers seconded the motion. The motion passed by the following
vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
ENGINEERING PROPOSAL FOR Mr. Soyka explained that Graef, Anhalt,
SALT STORAGE MODIFICATION Schloemer and Associates has studied a
number of alternatives for increasing
the Village's salt storage capacity. Their recommendation is that
the existing salt storage area be modified to increase its storage
capacity. By changing the style of door, dead space above the
doors can be eliminated. Mr. Soyka recommends that the Village
award a contract to Graef, Anhalt, Schloemer and Associates in an
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amount not to exceed $11,900 for engineering services to refine and
design the modification of the salt storage facility.
Trustee Ehlers made a motion to accept the proposal of Graef,
Anhalt, Schloemer and Associates in an amount not to exceed
$11,900. Trustee Seidman seconded the motion. The motion passed
by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
ENGINEERING PROPOSAL RE Mr. Soyka reported that the Village has
WAUKEGAN ROAD /KATES ROAD received a federal grant in the amount of
PROJECT $825,000 for the reconstruction and
widening of Waukegan Road between Kates
and Oakmont. This is a 90o federal /10o local grant, which covers
construction only. The three phases of required engineering are
the responsibility of the local authority. Since the Coromandel
development will be a major beneficiary of the improvement, Optima
agreed, as part of their project approval, to reimburse the Village
for the local share of the costs related to the Waukegan /Kates
intersection. Two proposals were received for engineering services
for the Phase I Project Development Report. Mr. Soyka recommends
that the Village accept the Dames and Moore, Inc. proposal in an
amount not to exceed $54,579 with a 22 week completion time.
Trustee Seidman made a motion to accept the proposal of Dames and
Moore,'Inc. for the Phase I Project Development Report in an amount
not to exceed $54,579. Trustee Heuberger seconded the motion. The
motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None ' (0 )
DISCUSSION
REQUEST TO RECONSIDER Terry Barnett, President of Glenbrook
AWARD OF "BID Excavating and Concrete, attended the
meeting to request that the Village
reconsider its decision to award the bid for Deerpath Drive
improvements to Eric Bolander Construction. Mr. Barnett, who
submitted the second lowest bid for the project, is of the opinion
that the Bolander bid should be disqualified as irregular due to
the omission of certain required documents (which were later
supplied). In a similar case involving the Village of Glenview,
Mr. Barnett had a bid disqualified as being irregular. Mr. Stucko
responded that he has spoken-with the attorney for the Village of
Glenview and has learned that their Municipal Code does not contain
a provision similar to Deerfield's Section 9 -21, which states that
minor omissions not affecting bid amounts may be corrected. This
provision was added to the Deerfield Municipal Code to protect the
Village in cases such as this one.
Mayor Forrest asked Board members if anyone wished to reconsider
the issue, but none did..
VARIATIONS FROM BUILDING Barbara Houpt explained that precast
PLAN COMMITMENTS., OPTIMA limestone cornices which Optima had shown
on their building plans for the
Coromandel development have been omitted from the townhome units,
and painted wooden ones have been substituted. This is not a
building code violation, but rather a failure to keep a commitment
made to the Board'of Trustees. She feels that Optima should have
contacted the Village and gotten permission to make the changes.
Mrs. Houpt wrote a letter to Optima regarding the cornice issue, as
well as possible landscaping and fire lane problems. The
landscaping and fire lane issues have been resolved.
T. J. Lenick and Optima attorney, John Murphy, were in attendance
to discuss the limestone cornice issue. They explained that the
cast limestone proved to be unworkable in the townhomes due to-the
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design of the buildings. The substitute wooden cornice is
structurally sound and aesthetically pleasing. Mr. Murphy
apologized for the oversight of not informing the Board about the
change and asked for permission to continue with the wooden
cornices.
Mr. Case explained that 25 man hours per week are spent doing
inspections at Coromandel. The limestone problem was not noticed
because it is not part of any type of standard inspection. The
problem was pointed out to the Village by a contract purchaser.
Mr. Case and Mr. Lenick discussed the wooden cornices and compared
them to the limestone ones in terms of cost, installation
procedure, required maintenance, and appearance. Mr. Case
requested a listing from Optima of any other deviations that have
been made from the approved building plans.
When asked by a Board member if he is aware of other deviations,
Mr. Case replied that contract purchasers have informed him of
certain problems. Purchasers Morey Diner, Gail Kamp, Marsha
Kaplan, Neil Krupp, Monica Daykoff and others were at the meeting,
and at this point the discussion broadened into a wide ranging
discussion of their grievances. These included placement of sewer
lines in a purchaser's basement, substitution of cedar fences for
brick walls (to separate the two bedroom units from each other in
the townhouse buildings), closets of substandard depth, fewer
windows than shown on the plans, cement slabs being substituted for
slate entryways, and being denied access to their units to inspect
workmanship during construction. They feel that the developer has
been misleading, dishonest and incompetent, and that their
investment is being compromised. They want Village assistance in
resolving these problems.
After listening to the contract purchasers discuss the many
problems they have been experiencing, Mayor Forrest recommended
that a full time construction inspector be hired at Optima's
expense to oversee the project. He further recommended that a
consulting architect be hired at Optima's expense to study the
cornice problem and stated that no more cornices are to be set
until the matter is resolved. He recommended that the list of
deviations from the plan, as suggested by Mr. Case, be provided by
Optima. He also stated that if the Village learns of any more
changes being made without the Village being notified, the project
may be shut down.
Mr. Stucko suggested that staff meet with the developer to discuss
adding an amendment to the development agreement to provide for
independent inspection in the form of a project manager to
guarantee adherence to the plans and specifications. Trustee
Rosenthal so moved. Trustee Heuberger seconded the motion. The
motion passed unanimously.
The matter will be on the next agenda. Building permits and
occupancy permits will not be delayed at this time.
BOUNDARY AGREEMENT MEETING Mayor Forrest announced that the
WITH NORTHBROOK Village will be meeting with Northbrook
within the next few days to discuss a
boundary agreement that would involve the property at the southwest
corner of the tollway and Lake Cook Road.
FARMERS MARKET Mr. Franz reminded everyone that the
first of several scheduled farmers
markets will be held this Saturday from 7:30 until noon in the
Marathon commuters' parking lot by the train station.
CHANGE IN MEETING DATE Mr. Franz announced that due to the July
4th holiday, the next Board of Trustees
meeting will be held on Wednesday, July 5.
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EXECUTIVE SESSION Trustee Ehlers made a motion to go into
Executive Session to discuss land
acquisition. Trustee Heuberger seconded the motion. The motion
passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
ADJOURNMENT There being no further business to
discuss, the meeting was adjourned at
10:00 P.M.
APPROVED:
ATTEST:
Village Cler
Mayor