01/16/1996January 16, 1996
The regular meeting of the Board of Trustees of the Village of Deerfield was
called to order by Mr. Franz in the Council Chamber of the Village Hall on
Tuesday, January 16, 1996, at 8:00 P.M. The Clerk called the roll and announced
that the following were:
Present: Marvin W. Ehlers
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Absent: Bernard Forrest, Mayor
Michael Swartz
and that a quorum was present and in attendance. Also present were Village
Manager Robert Franz and Attorney James Stucko.
Given the absence of the Mayor, Trustee Ehlers made a motion that Trustee
Rosenthal serve as Mayor pro tem. Trustee Heuberger seconded the motion. The
motion passed unanimously.
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 Heuberger, to approve the Bills and
Payroll. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
TREASURER'S REPORT Finance Director George Valentine presented
highlights from the December Treasurer's Report.
Sales tax receipts are up 14% for the month and are 6 °6 over the previous twelve
month period. Major revenues exceed projections, with the exception of refuse
which is approximately 2110 below projection. This is due to the decrease in
refuse fees to residents concurrent with implementation of the new refuse
contract with Laidlaw. Expenditures are as budgeted with the exception of Water
Main and Fire Hydrant Maintenance which is significantly below budget due to the
favorable water tower painting contract. As of December 31, 1995, 1010 of cash
was invested at an average interest rate of 5.930. which compares with an average
rate of 5.22% for the 90 -day Treasury Bill.
REPORT ON DEPARTMENTAL James Soyka presented the Report on Departmental
OBJECTIVES- PUBLIC WORKS AND Objectives for Public Works and Engineering.
ENGINEERING Highlights from the report included:
(1) Public Works expenditures for the past four
years have been level in spite of increases in salaries and the cost of
materials, and the quality of services has been maintained.
(5) Unusual discharge excursions occurred at the
Waste Water Reclamation Facility during 1995. Repairs have been made, and the
plant is now producing an effluent which meets IEPA discharge standards.
(6) The design phase of the Waukegan Road Safety
Project (Kates. Road to the MacDonald's driveway) is coming along well. Deerpath
Drive improvements are nearly complete. The Deerfield /Carlisle /Heather traffic
signal is complete.
REPORTS
REPORT AND RECOMMENDATION OF Gerald Smith reported on the Cable Enabling
CABLE AND TELECOMMUNICATIONS Ordinance that the Cable and Telecommunications
COMMISSION RE AMENDMENTS TO Commission (CTC) has forwarded to the Board for
THE DEERFIELD CABLE adoption. The CTC has amended the enabling
COPFUNICATIONS ORDINANCE ordinance to conform with changes in the federal
Cable Act of 1992. The proposed enabling .
ordinance sets minimum standards that will be imposed on Post - Newsweek Cable or
any other cable provider seeking access into Deerfield, and it creates
authorization for the Village to issue the franchise to one or more particular
franchisees. The CTC is currently working on the actual franchise agreement.
First Reading.
REPORT AND RECOMMENDATION OF At a workshop meeting held on December 14, 1995,
PLAN COMMISSION RE REQUEST the Plan Commission reviewed the Final
FOR APPROVAL OF FINAL Development Plan submitted by the Jewish
DEVELOPMENT PLAN - JEWISH Federation of Metropolitan Chicago (JFMC) for
FEDERATION OF METROPOLITAN a proposed residential assisted living facility
CHICAGO for the elderly at Arbor Lake and found it to be
in substantial conformance to the previously
approved preliminary development plans. The Plan Commission recommended that the
petitioners obtain written approval from Baxter and return to the Plan Commission
for the final location and additional review of sign #2 and obtain written
approval from Baxter for sign #3a.
Trustee Seidman made a motion to accept the
Report and Recommendation of the Plan Commission and to direct the Village
attorney to prepare an ordinance. Trustee Ehlers seconded the motion.
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budget has already been
(2)
used.
70% of this year's snow and ice control
(3)
800/10 of sewer problems called in to the
Public Works Department
fall within
the resident's area of responsibility rather
than the Village's.
(4)
The Village passed the second round of lead
and copper testing. Out of samples
taken in 60 high risk homes, 54 (90X) met the
acceptable standard.set
by the EPA.
Public Works personnel will offer the other
six families assistance
in finding
the reason their homes did not meet the
standard.
(5) Unusual discharge excursions occurred at the
Waste Water Reclamation Facility during 1995. Repairs have been made, and the
plant is now producing an effluent which meets IEPA discharge standards.
(6) The design phase of the Waukegan Road Safety
Project (Kates. Road to the MacDonald's driveway) is coming along well. Deerpath
Drive improvements are nearly complete. The Deerfield /Carlisle /Heather traffic
signal is complete.
REPORTS
REPORT AND RECOMMENDATION OF Gerald Smith reported on the Cable Enabling
CABLE AND TELECOMMUNICATIONS Ordinance that the Cable and Telecommunications
COMMISSION RE AMENDMENTS TO Commission (CTC) has forwarded to the Board for
THE DEERFIELD CABLE adoption. The CTC has amended the enabling
COPFUNICATIONS ORDINANCE ordinance to conform with changes in the federal
Cable Act of 1992. The proposed enabling .
ordinance sets minimum standards that will be imposed on Post - Newsweek Cable or
any other cable provider seeking access into Deerfield, and it creates
authorization for the Village to issue the franchise to one or more particular
franchisees. The CTC is currently working on the actual franchise agreement.
First Reading.
REPORT AND RECOMMENDATION OF At a workshop meeting held on December 14, 1995,
PLAN COMMISSION RE REQUEST the Plan Commission reviewed the Final
FOR APPROVAL OF FINAL Development Plan submitted by the Jewish
DEVELOPMENT PLAN - JEWISH Federation of Metropolitan Chicago (JFMC) for
FEDERATION OF METROPOLITAN a proposed residential assisted living facility
CHICAGO for the elderly at Arbor Lake and found it to be
in substantial conformance to the previously
approved preliminary development plans. The Plan Commission recommended that the
petitioners obtain written approval from Baxter and return to the Plan Commission
for the final location and additional review of sign #2 and obtain written
approval from Baxter for sign #3a.
Trustee Seidman made a motion to accept the
Report and Recommendation of the Plan Commission and to direct the Village
attorney to prepare an ordinance. Trustee Ehlers seconded the motion.
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David Norton of Rudnick and Wolfe was in
attendance to represent JFMC Facilities Corporation. Mr. Norton reported that
since sign #2 cannot be seen, a banner sign will be requested instead. Sign #3a
is an existing sign on which Baxter has agreed to allow JFMC to add the name of
the facility.
Mr. Franz reported that a development agreement,
an impact fee agreement, and letter of credit issues will be coming before the
Board as part of the ordinance.
Trustee Heuberger recused himself from the
discussion. Other Board members voted unanimously to accept the Report and
Recommendation of the Plan Commission.
REPORT AND RECOMMENDATION OF Eleanor Moseley of 1027 Springfield Avenue and
PLAN COMMISSION RE REQUEST David Silber of 1015 Springfield Avenue are
FOR RESUBDIVISION OF requesting that their properties be resubdivided.
PROPERTIES LOCATED AT 1015 The petitioners wish to attach the existing house
AND 1027 SPRINGFIELD AVENUE and garage at 1015 Springfield and are creating a
bigger lot to meet the required side yard setback
of eight feet for a principal structure in the R -3 Single Family Residence Zoning
District. At a public hearing held on December 14, 1995, the Plan Commission
voted 6 to 0 to approve the petitioners' request.
Trustee Ehlers made a motion to accept the Plan
Commission's recommendation. Trustee Heuberger seconded the motion. The motion
passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0 -96 -3 RE AMENDMENTS An ordinance amending the Municipal Code re
TO MUNICIPAL CODE RE SPAS AND specific definitions of spas and hot tubs.
HOT TUBS Second Reading.
Trustee Seidman made a motion to approve the
Consent Agenda and adopt the ordinance. Trustee Heuberger seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
OLD BUSINESS
ORDINANCE APPROVING SPECIAL An ordinance authorizing a Class B Special Use in
USE IN C -1 VILLAGE CENTER FOR the Village Center to James Healy and Simon Chen
A RESTAURANT, 760 WAUKEGAN RD to permit the development of-the Empire
Restaurant at 760 Waukegan Road. First Reading.
In a letter dated January 7, 1996, the restaurant
architect, Kinman Auyeung, requested a waiver of the rules to permit the
ordinance to be passed on first reading. Mr. Tom Healy was in attendance to ask
that, due to new information regarding parking which was received today from the
Banbury Group, the request for a waiver of the rules not be acted upon.
RESOLUTION R -96 -02 APPROVING A resolution approving the Annexation Agreement
ANNEXATION AGREEMENT FOR RED for the Red Roof Inn property, 340 Waukegan Road,
ROOF INN PROPERTY held over from the previous meeting.
Attorney Robert Kenny was in attendance to
represent Red Roof Inn. Mr. Kenny reported that regarding the documentation of
the cross easement between the What's Cooking Restaurant, the Red Roof Inn and
the vacant parcel, a Declaration of Covenants and Restrictions has been reviewed
and approved by Mr. Stucko. However, although all issues have been resolved,
final PUD documents have not been completed.
Mr. Stucko recommended that the resolution
approving the execution of the annexation agreement be passed tonight, with the
two ordinances being called for-in that agreement being held over until the Final
Plat is ready.
Trustee Seidman made a motion, seconded by
Trustee Ehlers, to approve the resolution. The motion passed by the following
vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
APPROVAL OF AMENDMENT TO Mr. Franz explained that the development
DEVELOPMENT AGREEMENT WITH agreement entered into with Optima in October
OPTIMA RE NORTH ACCESS TO 1994 provided for Optima to purchase a lot on
COROMANDEL DEVELOPMENT Central Avenue to be used for a connection
of the Coromandel development to Central Avenue.
Optima has signed an agreement to purchase 733 and 737 Central (one lot) . The
Village and Optima now agree, however, that it is in the best interests of both
parties to postpone plans to purchase that property until the best location for
the connection to the roadway can be determined. Optima's attorney has prepared,
and the Village's attorney has reviewed, an amendment to the development
agreement which relieves Optima of their obligation to purchase the parcel, gives
the Village the right to select the best location for the connection and, once
selected, to purchase the property using Optima's funding.
Trustee Swanson made a motion to direct the execution of the amendment to the
development agreement. Trustee Heuberger seconded the motion. The motion passed
by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
NEW BUSINESS
ACCEPTANCE OF PROPOSAL Mr. Soyka reported,that consultants Dames and
FOR PHASE II DESIGN Moore have successfully completed the Phase I
ENGINEERING SERVICES- WAUKEGAN/ Engineering Report for the Waukegan Road /Kates
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KATES SAFETY PROJECT Road Safety Project. In order to maintain the
spring 1997 construction schedule, the Phase II
Design Engineering must be started now. Mr. Soyka recommends that the Dames and
Moore agreement for Phase II design engineering services be accepted in an amount
not to exceed $92,948. As outlined in the development agreement of October 1994,
Optima is responsible for any costs that are related to the Kates Road /Waukegan
Road intersection, and they have been billed for $30,000 of Phase I costs. Much
of the cost of Phase II will be Optima's responsibility as well.
After discussion regarding the proposed changes
to the Waukegan /Kates intersection, Trustee Neuberger made a motion to accept the
Dames and Moore agreement for Phase II design engineering services in an amount
not to exceed $92,948.00. Trustee Ehlers seconded the.motion. The motion passed
by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
ACCEPTANCE OF BRISTOL PLACE The Kogen Group has completed the improvements
SUBDIVISION IMPROVEMENTS for the Bristol Place subdivision. These
improvements have been inspected by the
respective departments and are in conformance with the approved plans and
specifications. It is the recommendation of Mr. Soyka and Mrs. Little that the
subdivision improvements be accepted.
Bristol Place improvements.
passed unanimously.
ACCEPTANCE OF DEERFIELD
ESTATES SUBDIVISION
IMPROVEMENTS
with the approved plans and
Soyka and Mrs. Little that
Trustee Seidman made a motion to accept the
Trustee Ehlers seconded the motion. The motion
The Kogen Group has completed the improvements
for the Deerfield Estates subdivision. These
improvements have been inspected by the
respective departments and are in conformance
specifications. It is the recommendation of Mr.
the subdivision improvements be accepted.
Trustee Seidman made a motion, seconded by
Trustee Ehlers to accept the Deerfield Estates improvements. The motion passed
unanimously.
APPROVAL OF CONTRACT REGARDING Three proposals have been solicited to provide
PHASE I ENVIRONMENTAL SITE a Phase I environmental site assessment of
ASSESSMENTS - VARIOUS PARCELS nine Village Center properties under acquisition.
WITHIN THE VILLAGE CENTER The purpose of the assessments is to fully inform
the Village and appraisal witnesses regarding the
presence of any environmental conditions which would affect the value of the
properties or would cause the Village to reconsider its decision to proceed. The
assessment also establishes a defense for the Village under the Illinois
Environmental Protection Act related to transferee liability. All three firms
are considered equal with respect to qualifications, credentials and cost.
Because of the Village's previous satisfactory experience with Rust Environmental
& Infrastructure, staff recommends accepting their proposal in an amount not to
exceed $12,500.
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Trustee Swanson made a motion to accept the bid
of Rust Environmental & Infrastructure for an amount not to exceed $12,500.
Trustee Seidman seconded the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
AWARD OF CONTRACT FOR Police Chief Anderson reported that S +1
IMPROVEMENTS TO POLICE Architectural Consultants has completed the
DISPATCH CENTER design and drawings required for the
Communications Center relocation project. This
project will relocate office space and equipment to provide more efficient use of
the existing area. Three proposals were obtained from area contractors. The
Police Department recommends that the low proposal of Service Construction
Company, at a cost not to exceed $23,813.00, be accepted. At a later date, the
Police Department will bring to the Board a proposal to purchase replacement
communications and 911 equipment.
After discussion, Trustee Seidman made a motion
to accept the proposal of Service Construction Company for an amount not to
exceed $23,813.00. Trustee Heuberger seconded the motion. The motion passed by
the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
DISCUSSION
PARKING REQUIREMENTS FOR In a memo dated January 16, 1996, Mrs. Houpt
SENIOR HOUSING suggested that the P1an'Commission be asked to
consider an amendment to the Zoning Ordinance'•s
parking requirement for senior housing. The current provision requires only one
half space per dwelling unit and is not written so as to permit the Village to
require additional parking.
After discussion, the Board directed the Plan
Commission to hold a public hearing on senior housing parking requirements.
EXECUTIVE SESSION Trustee Seidman 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, Swanson (5)
NAYS: None (0)
ADJOURNMENT There being no further business to discuss,
Trustee Heuberger made a motion, seconded by
Trustee Ehlers to adjourn the meeting. The motion passed unanimously. The
meeting was adjourned at 9:15 P.M.
M
ATTEST:
Vilia—ge 'Clerk,.,
APPROVED:
Ma or 1X6 7-8ol
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