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.
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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.
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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.
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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
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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
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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
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APPROVED:
R
Mayor A& 7E�rj