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09/02/1997September 2, 1997 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Tuesday, September 2, 1997, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. APPROVAL OF MINUTES Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the previous meeting. The motion passed unanimously. PRESENTATION OF 25 YEAR EMPLOYEE Mayor Forrest presented Tom Creighton with a SERVICE AWARD gold watch in recognition of 25 years of service as Deerfield's Youth Director. CONSENT AGENDA ORDINANCE 0 -97 -36 VACATING PORTION OF PROPERTY ALONG KATES ROAD (WHICH WOULD REVERT BACK TO WHITEHALL NORTH CONVALESCENT HOME) no longer needed.. Second reading. Whitehall North Convalescent Home dedicated thirty feet of right -of -way to be used for public street improvements. With the current project to realign Kates Road at its intersection with Waukegan Road, this ROW is ORDINANCE AMENDING SPECIAL USE FOR An ordinance amending a special use for MITCHELL PARK, DEERFIELD PARK DIST. Mitchell Park. The park district is proposing to construct a kidney shaped wading pool, relocate a wrought iron fence and make other improvements. First Reading. ORDINANCE APPROVING A SPECIAL USE FOR A RESTAURANT AT 190 WAUKEGAN ROAD, ST. LOUIS BREAD COMPANY/ HERITAGE An ordinance approving a special use to permit the establishment of a St. Louis Bread Restaurant at 190 Waukegan Road. First Reading. ORDINANCE INCREASING NUMBER OF An ordinance increasing the number of Class E CLASS E LIQUOR LICENSES FROM NINE Liquor Licenses from nine to ten, at the TO TEN, SPAZIO ITALIAN RESTAURANT request of Spazio Italian Restaurant, 483 Lake Cook Road. First Reading. Trustee Rosenthal made a motion to adopt the Consent Agenda and pass the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) OLD BUSINESS The ordinance regarding licensing of massage establishments, tabled 7/7/97, remained tabled. 1 UFW RTiSTNT':SS AUTHORIZATION TO PURCHASE RECIRCULATING PUMPS FOR THE ANAEROBIC DIGESTERS AT THE WASTEWATER TREATMENT FACILITY Mr. Soyka is requesting authorization in an amount not to exceed $43,950. Two recirculating pumps have been scheduled to be installed in the anaerobic digesters to reduce operational difficulties. $40,000 has been budgeted for the pumps. The cost of the pumps, delivery, and installation is $43,950. to purchase two Vaughan recirculating pumps Trustee Seidman made a motion to approve the purchase of two Vaughan recirculating pumps in an amount not to exceed $43,950. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) AUTHORIZATION TO APPROVE ENGINEERING $132,000 has been budgeted for sanitary sewer SERVICES FOR THE NORTH AVENUE SEWER improvements on North Avenue, east of REHABILITATION Waukegan Road. Baxter and Woodman completed a report in January 1997 in which they recommended lining the existing 12" sewer in order to eliminate maintenance problems and to restore the structural integrity of the pipe. The engineering fee to develop this work is based on an hourly rate for actual time and other customary expenses which in total will not exceed $17,000. This includes the design through the award of bid. Mr. Soyka recommends acceptance of the Baxter and Woodman proposal for the North Avenue sewer rehabilitation in an amount not to exceed $17,000. Trustee Swartz made a motion to accept the Baxter and Woodman proposal in an amount not to exceed $17,000. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None RESOLUTION R -97 -14 RE DESIGN AND IDOT requires that a resolution be passed in CONSTRUCTION OF WAUKEGAN ROAD /NORTH which the Village agrees to fund the AVENUE TEMPORARY SIGNAL temporary signal and interconnect at Waukegan Road and °North Avenue at an estimated cost of $182,000. This amount is made up of the engineer's estimate of probable construction cost ($165,000) and the cost for engineering design and construction management ($17,000) which was approved at the Board meeting of 5/5/97. Mr. Soyka reported that the contract for construction should be ready to sign in 4 -5 weeks. The temporary signal should be up and running 6 -8 weeks after that. The State has come up with funds (up to $162,500) for the permanent signals and intersection improvements. After discussion, Trustee Seidman made a motion to approve a resolution authorizing the Village to spend up to $182,000 for the temporary signal. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) APPROVAL OF AGREEMENT WITH STATE FOR TEMPORARY SIGNAL AT WAUKEGAN ROAD/NORTH AVENUE of both parties. An agreement between the Village and the State is required for the temporary signal at Waukegan Road and North Avenue. The agreement will spell out the responsibilities 2 Trustee Swartz made a motion to approve the agreement. Trustee Heuberger seconded the motion. The motion passed unanimously. DISCUSSION PLACEMENT OF TRAFFIC CONTROLLER BOX Greg Herriges of 435 Deerfield Road attended the meeting to discuss the proposed movement of a traffic controller box from its current site on the southwest corner of Deerfield Road and Kipling Place to the southeast corner as part of the proposed improvements planned for that intersection. Part of the reason is for safety. Currently the school crossing guard keeps children off the box, which is on school property. If the box is moved, it will be on Mr. Herriges' property, under a tree from which children could jump down on it. Also, blind spots would be created by the box. Finally, Mr. Herriges is concerned that the box will lower his property value. Mr. Herriges brought with him a petition signed by 54 individuals who support his request. Mr. Soyka commented that, in his opinion, the safest placement for the box is on the southeast corner, but he and the Village consultants have looked at the project and have concluded that the box can remain on the southwest ROW. A temporary box will, however, have to be placed on the southeast corner for two to three months during the intersection reconstruction. After discussion, Board members agreed that the new traffic controller box should be placed on the southwest corner. DISCUSSION RE 617 CENTRAL AVENUE Rick Patinkin, attorney and Deerfield resident, was in attendance to express his view that Anna Pamula, who recently purchased 617 Central Avenue and planned to open a spa at that location, has been treated unfairly by the Village, both during the time she was going through the various steps required for getting approval for her spa, and currently in its attempt to purchase the property from her and include it in the Central Avenue Redevelopment Plan. Although Board members disagreed with Mr. Patinkin's analysis of the matter, it was agreed that staff, special counsel Morrison and Mr. Patinkin will get together as soon as a meeting can be arranged and attempt to come up with a purchase °price for the property that is fair to all parties. 0 ORDINANCE 0 -97 -37 RE ACQUISITION OF Mayor Forrest reported that it is necessary REAL ESTATE (KNAAK PROPERTY) for the Village to take action to see that development of the southeast quadrant is done as a unified whole. This will require the acquisition, by purchase or condemnation, of the Knaak property. Mayor Forrest requested authorization for Special Legal Counsel, Joseph Morrison, to begin negotiations for the purpose of acquiring the parcel. Trustee Seidman made a motion to adopt an ordinance granting the authorization. Trustee Swartz seconded the motion. Trustee Swartz made a motion for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Ehlers seconded the motion. The motion passed unanimously. The motion to grant the authorization passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) W 1 1 DISCUSSION RE DESTRUCTION OF Jay Robinson attended the Board meeting to DANGEROUS ANIMALS relate his experience on July 17 when, while attending a garage sale in Deerfield, he was approached and threatened by two rotweiler dogs. The homeowner called 9 -1 -1, but due to a misunderstanding, no police officers responded. The dogs eventually left but returned later and threatened someone else. The animals were later captured by the police and their owner was fined $225. Current Village ordinances do not permit the destruction of such animals, but Mr. Robinson commented that dogs that .bite should not be permitted to go on living. Officer Yagecic related an earlier incident in which he was bitten by the same dogs. Chief Anderson gave additional details of the July 17`h incident and reported that the animals have been removed from the community by their owner. Under current ordinance provisions, removal can be required only if an animal has been proven vicious. Chief Anderson would like the ordinance to be amended so that an animal only has to display vicious behavior before removal from the community can be required. After discussion, it was decided that staff will study our ordinance and those of other communities to see what improvements can be made. EXECUTIVE SESSION to discuss land acquisition. Trustee Seidman made a motion, seconded by Trustee Ehlers, to go into Executive Session The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) A nJOURNW..NT motion passed unanimously. ATTEST: Trustee Swartz made a motion, seconded by Trustee Seidman, to adjourn the meeting. The: The meeting was adjourned at 8:55 P.M. i •� .:. ►� �'l _ ice• APPROVED: Mayor M