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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) 1 1 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 3 1 1 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 4 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. 61 u 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