10/06/1997October 6, 1997
The regular meeting of the Board of Trustees of the Village of Deerfield was
called to order by the Village Manager in the Council Chamber of the Village
Hall on Monday, October 6, 1997, 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
Michael Swartz
Absent: Bernard Forrest, Mayor
and that a quorum was present and in attendance. Also present were Attorney
James Stucko and Village Manager Robert Franz.
Due to the absence of the Mayor,
Trustee Swartz nominated Trustee Rosenthal to serve as Mayor pro tern for the
meeting. Trustee Ehlers seconded the motion. The motion passed unanimously.
APPROVAL OF MINUTES Trustee Swartz made a motion, seconded
by Trustee Ehlers, to approve the
minutes of the previous meeting. After discussion, the motion passed
unanimously.
REPORTS
REPORT AND RECOMMENDATION OF BZA RE The Board of Zoning Appeals held a
REQUEST FOR SIDEYARD VARIATION, GARY AND Public Hearing on September 3 to
CAROL HART, 1730 MOUNTAIN COURT consider the request of Gary and Carol
Hart, 1730 Mountain Court, for a
variation which, if granted, would permit construction of an addition to the
attached garage to within 4.5' of the side property line in lieu of the required
minimum 8' side yard. This would produce a combined total side yard of 17.19'
in lieu of the minimum 20' requirement. The BZA unanimously failed to approve
the requested variation.
Trustee Swartz made a motion to accept
the BZA recommendation to deny the requested variation. Trustee Ehlers seconded
the motion.
Mr. Hart summarized his reasons for
feeling the larger garage is needed, and Bruce Robbins of the BZA summarized
reasons for denying the petition. After discussion, the motion to accept the
BZA's recommendation passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF BZA RE The Board of Zoning Appeals held a
REQUEST FOR SIDEYARD VARIATION, STEPHEN Public Hearing on September 3 to
AND MARIE JONES, 1107 FOREST AVENUE consider the request of Stephen and
Marie Jones, 1107 Forest Avenue, for a
variation which, if granted, would allow an addition to the rear of the
principal structure which would extend the northwest wall in line with the
existing structure's northwest wall. The existing wall and the addition wall
would encroach 3.16' into the 8' minimum required side yard, resulting in a
minimum side yard of 4.84' in lieu of 8' and a combined side yard of 17.62' in
lieu of the minimum 20' requirement. This is the minimum adjustment necessary
to permit construction of the proposed addition. The new addition will be no
closer to the side property line than the original structure. The BZA
unanimously recommended that the variation be granted as requested.
Trustee Seidman made a motion to
accept the report and recommendation of the BZA and to direct the Village
Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. The
motion passed unanimously.
CONSENT AGENDA
ORDINANCE 0 -97 -42 AUTHORIZING A SPECIAL
USE /UNIQUE USE, TELECOMMUNICATIONS
FACILITY, MATAS CORPORATION /SPRINT, 540
LAKE COOK ROAD
First Reading.
An ordinance amending the Corporate
500 PUD and amending a special use and
unique use to permit installation of
a rooftop telecommunication facility
at the 540 Lake Cook Road Building.
Trustee Seidman made a motion,
seconded by Trustee Heuberger, for a waiver of the rules to allow the ordinance
to be voted on at First Reading. The motion passed 5 -1, with Trustee Swartz
voting against it.
Trustee Seidman made a motion to adopt
the ordinance. Trustee Heuberger seconded the motion. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ORDINANCE 0 -97 -43 APPROVING EXPANSION An ordinance approving expansion of
OF EXISTING SPECIAL USE, SPAZIO'S an existing special use for Spazio's
RESTAURANT, LAKE COOK PLAZA Restaurant at Lake Cook Plaza. The
petitioners wish to amend the special
use to allow expansion of their restaurant. First Reading.
Trustee Heuberger made a motion,
seconded by Trustee Ehlers, for a waiver of the rules to allow the ordinance to
be voted on at First Reading. The motion passed 5 -1, with Trustee Swartz voting
against it.
Trustee Seidman made a motion to adopt
the ordinance. Trustee Ehlers seconded the motion. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ORDINANCE RE AMENDMENTS TO THE ZONING
ORDINANCE CONCERNING CERTAIN PERMITTED
AND SPECIAL USES IN THE C -1 VILLAGE
CENTER DISTRICT
Reading.
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An ordinance amending portions of
Article 5 of the Zoning Ordinance to
eliminate and /or reclassify certain
uses as Class B Special Uses in the
C -1 Village Center District. First
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OLD BUSINESS
REQUEST FOR CERTIFICATE OF PUBLIC Metro Taxi has requested a Certificate
CONVENIENCE AND NECESSITY, METRO TAXI of Public Convenience and Necessity to
permit them to operate in the Village.
The matter was tabled at the September 15`h Board meeting. Trustee Ehlers made a
motion to remove the matter from the table. Trustee Swanson seconded the
motion. The motion passed unanimously.
An employee of Metro Taxi reported
that the owner had not yet arrived. It was decided to move this agenda item to
the end of the meeting.
ORDINANCE AMENDING INTERGOVERNMENTAL SWALCO is requesting an amendment to
AGREEMENT WITH THE SOLID WASTE AGENCY the Agency Agreement. The amendment
OF LAKE COUNTY will reduce the number of members
required to amend the agency by -laws
from three fourths (27 members) to two thirds (24 members) . To amend the
intergovernmental agreement, all members must agree to approve the change.
First Reading.
ORDINANCE AMENDING THE ZONING ORDINANCE
TO PERMIT BUILDING SUPPLY STORES IN THE
C -2 OUTLYING COMMERCIAL DISTRICT AND
ORDINANCE AUTHORIZING SPECIAL USE FOR A
BUILDING SUPPLY STORE, METRA /HOME DEPOT
This is a First Reading on these two
ordinances. However, there are
still some unresolved issues with the
the development. No further action
will be taken.by the Board until these
issues have been resolved.
NEW BUSINESS
AUTHORIZATION TO AWARD CONTRACT FOR Three proposals were obtained to
WASTEWATER RECLAMATION FACILITY SLUDGE dispose of approximately 2,000 cubic
REMOVAL yards of dry sludge in accordance with
EPA requirements. Mr. Soyka
recommends that the 1997 -98 sludge hauling contract be awarded to Continental
Services at the unit price of $10.50 per cubic yard. Last year, when there was
no competition, the cost for this service was $15.00 per cubic yard.
Trustee Seidman made a motion to award
the contract to Continental Services at the unit price of $10.50 per cubic yard.
Trustee Swartz seconded the motion. After discussion, the motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ACCEPTANCE OF PROPOSAL FOR REPLACEMENT The last major water control
AND UPGRADING OF MASTER WATER CONTROLS improvement was completed in 1983.
AT VARIOUS RESERVOIRS Increased malfunctions have reduced
the reliability of the systems. The
Public Works Department has budgeted $60,000 for improvements to the system.
Automatic Control Services has proposed to install, start up, adjust, and
calibrate all control parameters with a two -year warranty on all parts and labor
for $59,400. Mr. Soyka recommends that their proposal be accepted. Mr. Soyka
added that the upgrading was postponed until he could be certain that the
upgraded controls would be compatible with any water system improvements planned
for the future.
After discussion, Trustee Seidman made
a motion to accept the proposal of Automatic Control Services for an amount not
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to exceed $59,400. Trustee Swartz seconded the motion. The motion passed by
the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ACCEPTANCE OF PROPOSAL FOR UNDERGROUND All underground fuel storage tanks
FUEL STORAGE UPGRADES must be in compliance with USEPA and
IEPA requirements or be removed or
replaced by December 22, 1998. A compliance study conducted by GSC
Environmental laboratories indicated that seven of the Village's ten underground
tanks will not meet the 1998 requirements. Most tanks can be upgraded, but two
must be replaced due to their age. Contract services are needed for these tank
upgrades /replacements. Beling Consultants has submitted a proposal with two
alternatives. Alternative 1 includes known subcontractor costs and is an all
inclusive "turnkey" approach. Alternative #2 includes costs for the preparation
of plans and specifications for the Village to receive bids from contractors.
Mr. Soyka recommends that the Village consider Alternative #1 in the amount of
$146,250.
After discussion of the two
alternates, Trustee Seidman made a motion to accept Beling's Alternative #1 in
an amount not to exceed $146,250. Trustee Swartz seconded the motion. The
motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ORDINANCE 0 -97 -44 REPEALING ORDINANCE Mr. Franz read a statement regarding
ORDINANCE 0 -97 -35 the proposed purchase of 617 Central
Avenue. The Village has reconsidered
the purchase of this parcel as its location at the extreme east end of the
proposed 10 acre multi - family project minimizes its importance to the overall
redevelopment plan. A new ordinance is suggested which repeals Ordinance 0 -97-
35 which had authorized staff and special counsel to begin negotiations for the
site.
Trustee Seidman moved for a waiver of
the rules to permit the ordinance to be voted on at First Reading. Trustee
Swartz seconded the motion. The motion passed unanimously.
Trustee Se
the ordinance. Trustee Swartz seconded the motion.
the owner of 617 Central, asked if this action means
be a part of the development that is planned for the
indicated that the answer to her question is unknown
passed by the following vote:
idman made a motion to adopt
Linda Fair, attorney for
that 617 Central will not
area. Board members
at this time. The motion
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
METRO TAXI, PART II Although the owner of Metro Taxi had
still not arrived, the Board decided
to act on this agenda item.
Walter Kelly, President .of North
Suburban Yellow Cab, stated that he is opposed to having an additional cab
company in Deerfield. He feels there are enough licenses irk town to cover the
available business, and that adding more licenses will hurt the companies now in."
town. Representatives from American Taxi and 303 Cab',were also in attendance,
and they agreed with Mr. Kelly's assessment.
Trustee Heuberger made a motion to
approve a Certificate of Public Convenience and Necessity for Metro Taxi, Inc.
Trustee Seidman seconded the motion. After discussion of the taxi service
survey done in August, the motion failed by the following vote:
AYES: None (0)
NAYS: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
DISCUSSION
TRAIN STATION IMPROVEMENTS Barbara Little reported on progress
made thus far regarding train station
improvements. The color for the pavers has been selected. It has also been
decided to move forward with a wood type roof for the station and shelters.
Exterior colors are still being researched. A trailer has been brought on site
to shelter commuters during the train station rehabilitation. The north lot is
scheduled for paving next week and will take up to a week to complete.
RESERVOIR 29A AND 27 IMPROVEMENTS Barbara Little reported that the Corps
of Engineers has awarded contracts for
modifications to Reservoirs 29A and 27 (in Bannockburn). Work should begin soon
and must be done within 60 calendar days.
ARTICLE IN ILLINOIS MUNICIPAL REVIEW Mayor pro tem Rosenthal commended
Chief Anderson and Communications
Director George Filenko on the article that appeared in the most recent issue of
the Illinois Municipal Review. The article concerned Deerfield's emergency
medical dispatch services.
DUI FATALITY REENACTED AT DEERFIELD Chief Anderson reported on the
HIGH SCHOOL reenactment today at Deerfield High
School of a DUI fatality. In addition
to the police department, the fire department, the coroner's officer, flight -
for -life, and many volunteers were involved in the reenactment. Chief Anderson
commented that the impact of the program will hopefully last throughout the
holiday and prom season.
WAIVING OF OPEN BURNING REGULATIONS The Park District has requested that
the Board waive the Municipal Code
prohibition regarding open burning so that they can have a bonfire at Jewett
Park in connection with their Halloween Hoopla on October 24. The fire
department has approved the request and will have a fire truck standing by.
Trustee Seidman made a motion,
seconded by Trustee Swartz, to approve the request. The motion passed
unanimously.
EXECUTIVE SESSION Trustee Heuberger made a motion,
seconded by Trustee Swartz, to go into
Executive Session to discuss land acquisition. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
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. The meeting was adjourned at 9:00 P.M.
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ATTEST:
Village Clerk
APPROVED:
Mayor �R6 T6M
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