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06/17/1996June .17, :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 Monday, June 17, 1996, at .8:00 P...M; The Clerk called the roll and.announced that the following were: Present: Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Michael Swartz Absent: Bernard Forrest, Mayor John H. Heuberger Vernon E. Swanson 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 Swartz made a motion that Trustee. . Rosenthal serve as Mayor pro tem. Trustee Ehlers seconded the motion.. The motion passed unanimously. Mayor pro tem.Rosenthal called for a moment of silence in recognition of Rosemary Sazonoff. Mrs. Sazonoff, who.served for twenty -one years on the Deerfield Library Board and twenty years on the Youth Council, died recently. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the previous meeting. The motion passed unanimously. BILLS AND - PAYROLL Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the Bills and Payroll. The motion passed by the - following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) REPORTS REQUEST FOR TEXT AMENDMENT TO THE The Plan Commission held a public hearing on . ZONING ORDINANCE AND SPECIAL USE May 23, 1996, to consider the request of John TO PERMIT COIN, STAMP, PRECIOUS R. Perschke, Jr., President of Bullion Equity, METAL OR SIMILAR SHOP,.BULLION for (1.) a Text Amendment to the Zoning EQUITY, DEERBROOK SHOPPING CENTER Ordinance to include a coin, stamp:, or-previous . metal shop as a Special or Permitted Use in the C -2 Outlying Commercial District; and (2) a Special.Use for the proposed business if the use-is classified as.a Special Use. The petitioner wishes to locate the business at the Deerbrook Shopping Center in the vacant space which was previously occupied by My Son The Jeweler. By-a vote of.5 -0 the Plan Commission recommended that both requests be granted. i �1 1 Mr. Perschke was in attendance to respond to questions from the Board and additionally to request permission for three passive satellite dishes essential to the operation of his business. He was in agreement with the Board that the business would not in any way serve as a pawn shop and that all purchases of more than $50 to minors would require written authorization from a parent. Mr. Stucko commented that the ordinance would include as an exhibit the document, Mutually Agreed Upon Guidelines for Purchasing Tangible Assets and Personal Property. One of the conditions of the Special Use would be the enforcement of the terms of this exhibit. Trustee Ehlers moved for acceptance of the Plan Commission Report and preparation of the two ordinances. Trustee Swartz seconded the motion. The motion passed unanimously. CONSENT AGENDA AN ORDINANCE AUTHORIZING AMENDMENT An ordinance authorizing an amendment to a TO A PREVIOUSLY APPROVED PUD TO previously approved planned unit development PERMIT MODIFICATION OF SITE AND to permit modification of site and landscaping LANDSCAPING PLANS AND NEW GROUND plans and new ground signs for Office Depot SIGNS, OFFICE DEPOT at the Cadwell Corners Shopping Center. Second Reading. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the Ordinance. Robert Whitney, Asset Manager for Cadwell Corners, and Frank Calloway, fee developer for Office Depot, were in attendance to respond'to questions from the Board. Mrs. Houpt reported that relief initially requested for the sign variation for Office Depot is no longer needed as the sign and the parapet are now in compliance with the Zoning Ordinance. Upon questioning regarding whether or not tax from catalogue sales would accrue to the Village, Mr. Calloway reported that purchases made at the store would be credited to Deerfield. He was uncertain of the status of purchases made through use of the 1 -800 telephone number or of catalogue orders placed at the Deerfield store. Mr. Calloway offered to make some calls to obtain the requested information. Mayor pro tem Rosenthal indicated that the Board would continue with its agenda while waiting for Mr. Calloway's response. ORDINANCE 0 -96 -27 ESTABLISHING An Ordinance establishing prevailing wage WAGE RATES rates. First Reading. Trustee Seidman made a motion to waive the rules to permit the Ordinance to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. 2 Trustee Seidman made a motion to adopt the Ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO AWARD CONTRACT Chief Anderson is requesting the release of FOR 9 -1 -1 TAPE LOGGER FOR POLICE $16,000 from the Enhanced 9 -1 -1 Equipment DISPATCH Account to be used for the purpose of replacing the existing Dictaphone logging system which records all police radio and telephone traffic. Quotes for new equipment range from $35,000 to $80,000. Dictaphone has agreed to sell the equipment for $41,000, minus a trade -in of $25,000. Chief Anderson recommends the purchase of the Dictaphone equipment at a cost not to exceed $16,000, the amount included in this year's budget. Trustee Seidman made a motion to approve the purchase of the Dictaphone logger for a cost not to exceed $16,000. Trustee . Swartz seconded the motion. Chief Anderson reported that since this . purchase is coming from 9 -1 -1 funds, he is required to vote on the motion. Mr. Stucko added that the Board of Trustees will be voting on this matter as .ex officio members of the 9 -1 -1 Board. The motion passed by the following vote: AYES: Anderson, Ehlers, Rosenthal, Seidman, Swartz (5) NAYS: None (0) DISCUSSION RE MEMORANDUM OF Mr. Franz reported that on June 10 a meeting AGREEMENT WITH CORPS OF ENGINEERS was held between staff, the Corps of Engineers RE IMPACT ASSESSMENT OF LAKE COOK and residents of Forestway and Deerpath Drive. ROAD RETENTION BASIN While the Corps will not admit that their work on the Lake Cook Road basin has caused the flooding problems experienced by upstream residents, they do "admit that some., adjustments to the structure may help alleviate the problem. The Corps has provided a Memorandum of Agreement for a study to determine what improvements can be made to the basin. Since the Corps of Engineers overspent on the basin itself, they cannot make this study an extension of the project, but require a separate agreement. The cost.of the two part study is $38,500 which would be paid by the Village. It is possible that only the first part of the study, at a cost of $11,700 would be needed. The Corps anticipates being able to return to the Village in six weeks with a response on what can be done to help the flooding situation. Reimbursement by the federal government of the cost of the study would be sought but is unlikely. Trustee Swartz commented that prior to the meeting, Trustee Heuberger had submitted a memo of his comments on this topic. Trustee Swartz suggested that, to the extent possible, these comments should be incorporated into the memorandum. Mr. Stucko agreed. 3 Mr. Franz and Mr. Soyka responded to questions and concerns of Henry Hayes and Tom Jester, both residents of Pine Street, regarding past and future flooding, and what the Corps and the Village expect to achieve from the study. Mr. Franz ended the discussion by pointing out that while the Village hopes to improve the situation for area residents, homes built in a flood plain can never be entirely protected from the risk of water. Trustee Swartz made a motion to approve the expenditure of up to $38,500 for the Corps of Engineers study, subject to possible changes in the wording and form of the memorandum, and subject to an effort to negotiate reimbursement for the cost of the study. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) ANALYSIS AND AWARD OF BIDS FOR Bids were opened on June 11 for the 1996 MFT 1996 MFT CONTRACTS contracts. Mr. Soyka is recommending that the contracts be awarded as.follows: (1) Concrete Patching. $85,000 was budgeted for concrete patching this year. Mr. Soyka recommends that the bid of Maneval Construction Company, in the amount of $23.60 /square yard be accepted. Mr. Soyka noted that the Village has fallen somewhat behind on concrete patching work, and he recommends using the entire $85,000. Trustee Seidman made a motion, seconded by Trustee Swartz, to award the contract for concrete patching to Maneval Construction Company at a cost not to exceed $23.60 /square yard, with additional work to bring the cost•of the entire contract up to $85,000. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) (2) Inlet rec budgeted for inlet reconstruction. Six bids were Soyka recommends that the low unit price bid made in the amount of $24,915 be accepted. Additional the reconstruction list to bring the total amount budgeted amount. instruction. $31,000 was received for the work. Mr. by Vixen Construction Company, inlets will probably be added to for the work up to the $31,000 Trustee Swartz made a motion, seconded by Trustee Seidman, to award the contract for inlet reconstruction to Vixen Construction, for a unit price cost not to exceed $31,000 for the entire contract. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) (3) Thermoplastic pavement marking. $16,000 was budgeted for renewing pavement markings. Three bids were received for the work. Mr. Soyka recommends that the low unit price bid of $11,795.80 made by 4 Marking Specialists be accepted. Additional work may be added to bring the total cost of the work up to $16,000. Trustee Ehlers made a motion, seconded by Trustee Swartz, to award the contract for thermoplastic pavement marking to Marking Specialists, for a unit price cost not to exceed $16,000 for the entire contract. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) (4) Bituminous patching material. $40,000 was budgeted for bituminous patching material. Mr. Soyka recommends that the bid of $20.50 /ton made by Peter Baker and Son Co. be accepted. Even though it is not the lowest bid, the close proximity of Peter Baker's pick up location makes it a better choice. Trustee Seidman made a motion, seconded by Trustee Ehlers, to award the contract for bituminous patching material to Peter Baker and Son Co. at a unit price not to exceed $20.50 /ton, and a total contract price not to exceed $40,000. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) ORDINANCE 0 -96 -26 RE OFFICE DEPOW CADWELL CORNERS, PART 2 1 -800 number are credited to Carol Sales tax on merchandise either pu credited to the municipality where The representatives of Office Depot and Cadwell Corners have learned that sales taxes from catalogue sales made by use of Office Depot's Stream, which is the point of distribution. rchased at a store or ordered at a store are the store is located_ Mr. Stucko commented that the wording of the ordinance needs to be updated to reflect the changes in the site plan. The motion (made earlier in the meeting) passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) DISCUSSION RESOLUTION R -96 -06 Mr. Franz reported that settlement has been. ACQUISITION OF PROPERTY reached on properties on Central and Osterman which, in January 1995, the Board of Trustees had authorized to be acquired by condemnation. The settlement is to be approved through court order on July 25. The terms of the settlement are: 759 and 763 Osterman - purchase price $340,000; 740 and 742 Central and 745 Osterman - purchase price $600,000; 749 'Osterman — purchase price $160,000. The Village would pay most of the money upfront, but would not take possession of the properties until next March, at which time the balance would be paid. Staff is 5 Ir asking the Board for authorization for special counsel to proceed in court on July 25. Mr. Stucko commented that authorization should be done in the form of a resolution which would approve the economic terms and provisions of the settlement as reviewed by Mr. Franz. Trustee Swartz so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion, seconded by Trustee Swartz, to adjourn the meeting. The motion passed unanimously, and the meeting was adjourned at 8:55 P.M. ATTEST: Village Clerk 1 APPROVED: R Mayor A& 7E�rj