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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. 2 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. 2 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 n 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. 5 1 Fj 1 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 1 1