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02/05/1996February 5, 1996 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, February 5, 1996, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: John H. Heuberger 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 Ehlers, to approve the minutes of the previous meeting. Trustee Swanson suggested that (6) of the summary of the Report on Departmental Objectives, Public Works and Engineering, should be changed to read, "The design phase of the Waukegan Road Safety Project. . . ". Mr. Franz noted that Mr. Stucko, not Ms. Beary, was the attorney present at the January 16th meeting. The motion to approve the minutes as amended passed unanimously. Before beginning the regular agenda, Mayor Forrest commended the Village's Water and Police Departments for their outstanding effort in correcting the water main breaks that occurred during the recent cold spell. PROCLAMATION - RANDOM ACTS OF Mayor Forrest read a proclamation declaring KINDNESS WEEK February 12 -18, 1996 Random Acts of Kindness Week in Deerfield and encouraged all residents to perform acts of kindness, making a visible statement that they are committed to a kinder, gentler community. Trustee Rosenthal made a motion to accept the proclamation. Trustee Swartz seconded the motion. The motion passed unanimously. Tiana Suesuntisook accepted the proclamation on behalf of the Random Acts of Kindness Committee. PROCLAMATION- CARING FOR OTHERS Mayor Forrest read a proclamation declaring DAY February 14th (Valentine's Day) Caring for Others Day and February 10 -17 Caring for Others Week in Deerfield. He encouraged residents to give something of significance during the week, forwarding the monetary value of that sacrifice to a private social agency which traditionally supports the poor and needy. Trustee Rosenthal made a motion, seconded by Trustee Swartz, to accept the proclamation. The motion passed unanimously. Marilyn Sanner accepted the proclamation of behalf of the Care- A -Thon /Caring for Others Committee. REPORT ON DEPARTMENTAL Chief of Police L. Patrick Anderson presented OBJECTIVES - POLICE DEPARTMENT highlights of the Police Department's 1995 Annual Report. The report summarized the enforcement actions taken by Deerfield's police officers, service programs designed to improve the quality of life in Deerfield, and steps taken to ensure that the Village's police officers are well educated, professionally trained professionals. After Chief Anderson had summarized the activities of each of the major divisions of the Police Department, he cited statistical data from the past year. Among these were: (1) The Police Department had over 12,000 calls for service, including 1715 burglar alarms (all false alarms except one), 546 fire alarms, 611 ambulance calls, 1210 car lockout calls, and 484 suspicious person calls. (2) There were 25 burglaries in Deerfield, of which 19 were residential. There have not been any burglaries so far in 1996. (3) The daytime population of Deerfield is over 40,000 compared with a residential population of less than 18,000. (4) The department responded to 87 incidents of domestic trouble, including 8 domestic batteries. This is down from the past two years. (5) The incidence of theft has declined in spite of an increase in the number of retailers in Deerfield. Vandalism has also decreased. (6) There were nearly 100 arrests for use of illegal substances. Though most of those involved were from outside Deerfield, local residents were involved as well. (7) Along with the increase in vehicular traffic, there is an increase in the number of traffic accidents. There were 102 injury accidents and 5 accidents with pedestrians or bicyclists. Patrol officers issued 6,000 traffic tickets. After completing his presentation, Chief Anderson responded to questions from Board members regarding abandoned 9 -1 -1 calls, ambulance service, thefts at area health clubs, calls for service from cell phones, and other topics. REPORTS REPORT AND RECOMMENDATION OF Chief Anderson reviewed the ongoing pedestrian STAFF AND SAFETY COUNCIL RE safety concern at Kipling School that occurs TRAFFIC PLAN AT KIPLING SCHOOL prior to the start of school and just after dismissal. During these periods, pedestrians and motor vehicle traffic compete for access to the school's single point of entry. The problem is expected to worsen as the Kipling student population continues to increase, and also with construction on the school due to begin in the spring. The Police Department is recommending that passenger vehicle traffic associated with Kipling School enter the school from Whittier and exit the school at Kipling Place. This one -way route would be in effect only during the hours of 8:00 A.M. to 9:00 A.M. and 3:00 P.M. to 4:00 P.M. At other times, a gate would be N 1 used to prohibit access from Whittier. Buses would line up on Kipling Place instead of entering the school grounds. The plan is endorsed by the Deerfield Safety Council, by School District 109 administration and by the Kipling PTO. Kipling Principal Judy Lindgren was in attendance to express her support of the proposed plan and to answer questions from the Board. After discussing the problem and possible alternative solutions, including having an access to the school from Deerfield Road, widening Kipling Place, and /or expanding school bus service, Mayor Forrest gave all residents who wished to express an opinion on the issue the opportunity to do so. Most of those who spoke were from the Poet's Corner neighborhood and most opposed the proposal to reopen the gate between Whittier and Kipling School. After further discussion Mayor Forrest commented that this is a serious matter affecting the safety of students and residents, and it needs to be addressed without delay. He suggested referring the matter to the Village traffic consultants for study and recommendations. Trustee Swartz so moved. Trustee Rosenthal seconded the motion. The motion passed unanimously. Chief Anderson recommended that if no solution is reached before construction begins, the one -way route from Whittier be used as a fall back position. Mayor Forrest called a five minute recess. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR FINDING OF SUBSTANTIAL CONFORMANCE FOR FINAL PLAT OF RESUBDIVISION -1515 AND SOUTHERN HALF OF 1529 GORDON TERRACE, BLANAS The Plan Commission has reviewed the Final Plat of Resubdivision for the Blanas Resubdivision, 1515 and southern half of 1529 Gordon Terrace, and found it to be in substantial conformance to the previously approved Preliminary Plat of Resubdivision. Trustee Seidman made a motion to accept the. Plan Commission Recommendation and to direct the Village attorney to prepare the ordinance. Trustee Swanson seconded the motion. The motion passed unanimously. The petitioner has written to the Village requesting that impact fees on the subdivision be waived. Mr. Franz explained that the Village has waived impact fees in the past, but only in instances where there is a tear down and a rebuild. The suggested impact fee of $3,000 per lot ($9,000 total) is, however, a modified, reduced amount of the $56,000 which would be required if the impact fee ordinance was applied as written. After discussion it was agreed that the impact fee of $9,000 will be part of the ordinance. The ordinance will be on the agenda of the next meeting. REPORT AND RECOMMENDATION OF Chief Anderson reported that the Police POLICE DEPARTMENT RE AMENDING THE Department is requesting that the Village MUNICIPAL CODE RE REQUIRED STOPS amend the Municipal Code regarding railroad AT RAILROAD CROSSINGS signals and crossings so that-it will be identical to recently revised state law. State 3 law now mandates a fine of $500 or 50 hours of public service for crossing railroad tracks when the gate is down and /or the warning lights are flashing. Trustee Seidman made a motion to accept the Police Department recommendation and to direct the Village attorney to prepare an ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. CONSENT AGENDA Board members decided to deal with each issue separately. ORDINANCE 0 -96 -04 AMENDING CABLE The Cable and Telecommunications Commission COMMUNICATIONS ORDINANCE has amended the enabling ordinance to conform with changes in the federal Cable Act of 1992. The proposed 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. Second Reading. CTC Chairman Jesse Rotman was in attendance to respond to questions from the Board. He also discussed the ramifications of the telecommunications legislation that has just been passed by the U. S. Senate. Trustee Seidman made a motion to adopt the ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) ORDINANCE AMENDING ZONING An ordinance amending portions of Articles 6 ORDINANCE RE RESIDENTIAL ASSISTED and 8 of the Zoning Ordinance to permit a LIVING FACILITIES FOR THE residential assisted living facility for the ELDERLY, JEWISH FEDERATION OF elderly in an I -1 Office, Research and METROPOLITAN CHICAGO Restricted Industrial Zone District as a Special Use by the Jewish Federation of Metropolitan Chicago. First Reading. Richard Katz, Executive Director of JFMC Facilities Corporation, was in attendance and responded to questions from the Board about the proposed snack shop. ORDINANCE AUTHORIZING AMENDMENT An ordinance authorizing an amendment to a TO SPECIAL USE PUD, JEWISH Special Use - Industrial Planned Unit FEDERATION OF METROPOLITAN CHICAGO Development, Jewish Federation of Metropolitan Chicago. First Reading. Mr. Franz commented that the development agreement includes impact fees of $235,000 which would be adopted as part of ordinance. Mr. Valentine discussed the request by JFMC to reduce their letter of credit to $200,000 from the $1,000;000 which would 4 n 1 1 typically be required. It is his opinion that $200,000 is an adequate amount in this instance since there is assurance from bond counsel that construction funds for the project are escrowed. OLD BUSINESS ORDINANCE 0 -96 -05 RE SPECIAL USE An ordinance authorizing a Class B Special Use IN THE C -1 VILLAGE CENTER FOR A in the Village Center to James Healy and Simon RESTAURANT, 760 WAUKEGAN ROAD Chen to permit the development of the Empire Restaurant at 760 Waukegan Road. Second Reading. Trustee Seidman moved for adoption of the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) NEW BUSINESS ACCEPTANCE OF PROPOSAL FOR Mr. Soyka reported that as part of the site ENGINEERING SERVICES TO PROVIDE closure and monitoring requirements of the EPA, GROUNDWATER SAMPLING AT the Army Corps of Engineers installed five RESERVOIR 29A monitoring wells around Reservoir 29A and monitored the groundwater conditions quarterly for one year. The Village will now be responsible for quarterly sampling and reports. If conditions are stable, as they have been to date, the parameter list may be reduced and the sampling frequency may be reduced to semiannually after this year. Three proposals were received for the sampling. Foth and VanDyke have been performing this work under contract with the Corps of Engineers. It is Mr. Soyka's recommendation that the Foth and VanDyke proposal for quarterly sampling at Reservoir 29A be accepted, at a cost not to exceed $40,034. Trustee Seidman made a motion to accept the proposal of Foth and VanDyke for an amount not to exceed $40,034. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) CONSIDERATION OF AMENDMENTS Mr. Franz reported that for the past several UPDATING THE VILLAGE OF DEERFIELD months staff has been updating the personnel PERSONNEL MANUAL rules that were adopted by the Village over twenty years ago and were last revised in June, 1984. Revisions were reviewed with the Board in Executive Session. There are no substantial policy changes. The effort was primarily to bring the manual into compliance with new laws such as the Family Leave Policy. Trustee Swartz made a motion, seconded by Trustee Ehlers, to adopt the changes in the personnel manual. The motion passed unanimously. 5 DISCUSSION OF REQUEST FROM CABLE Jesse Rotman reported that a number of issues AND TELECOMMUNICATIONS COMMISSION are now facing the Village and the CTC. These TO RETAIN SPECIAL COUNSEL FOR include negotiated renewal of the cable CABLE SYSTEM TRANSFER television franchise agreement, possible approval of the transfer of ownership of the cable television system, drafting of a new telecommunications ordinance (including specifying right -of -way policies), negotiating new franchise and rights -of -way agreements with telecommunications service providers, and interpreting new federal regulations (including those in the just approved 1996 Telecommunications Act). The CTC is recommending that the firm of Ancel, Glink, Diamond, Cope & Bush be retained to assist in these matters on an hourly basis, without retainer or pre- set minimum fee. The CTC intends to invite all ten of the neighboring Post - Newsweek Cable communities to share in the costs of this legal counsel, eliminating the need for each community to duplicate the process. Trustee Rosenthal commented that time and money should not be expended on matters over which the Village has no say and can anticipate no effect. Mr. Rotman agreed, but added that much is at stake in some areas, such as franchise renewal and the collection of franchise fees. He anticipates that about 75 hours of special counsel would be required for 1996. After additional discussion, Trustee Ehlers made a motion to retain the firm of Ancel, Glink, Diamond, Cope & Bush for an amount not to exceed $12,000. Trustee Seidman seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Chief Anderson reported that Coromandel has FIRE LANE AGREEMENT FOR COROMANDEL roadways which need to be protected in the way of fire lane enforcement. The Fire Department has reviewed the maps and is comfortable with them. The Police Department is recommending that the Village enter into the appropriate agreement. Trustee Rosenthal made a motion to authorize the Mayor to sign the agreement and to direct the Village Attorney to prepare an ordinance amending the Municipal Code to include this location in the fire lane list. Trustee Seidman seconded the motion. The motion passed unanimously. DISCUSSION FIRST FLOOR RETAIL ORDINANCE Trustee Swartz commented that a new merchant at Deerfield Commons appears to be a wholesaler rather than a retailer. After discussion, Mayor Forrest suggested that the Village take whatever steps are necessary to ensure that the first floor retail ordinance is enforced. SPECIAL COUNSEL FOR LAND Mr. Franz reported that the Board has directed ACQUISITION staff to investigate the possibility of retaining special legal counsel in connection with Village efforts to acquire certain properties within the Village. Staff has met with the firm of Schain, Firsel & Burney of Chicago, which has extensive 6 1 F-j experience in condemnation matters. The Board has discussed the firm's proposal in Executive Session. Mr. Franz added that in order to retain their services, the Board must do so by motion. Trustee Swartz so moved. Trustee Seidman seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) CHANGE OF DATE FOR NEXT MEETING Mr. Franz announced that due the Presidents' Day holiday, the next Board of Trustees meeting will be held on Tuesday, February 20. ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion to adjourn the meeting. Trustee Swanson seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:40 P.M. APPROVED: i Mayor ATTEST: 7