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08/15/19831 1 L� 229 August 15., 1983 The regular meeting of the Board of Trustees of the Village of Deerfield was calledi to order by the Mayor in the Council Chamber of the Village Hall on Monday, August 15, 1983 at 8:06 P.M. The Clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor Jerold L. Heisler Stephen 0. Jackson Cynthia J. Marty Vernon E. Swanson J. Robert York Absent: Edwin B. Seidman and that a quorum was present and in attendance. Also present were Village Mana- ger Robert D. Franz and Village Attorney James K. Stucko. Trustee Swanson moved, seconded by Trustee Jackson, to approve the minutes of August 1, 1983 as presented. Motion carried unanimously. TREASURER'S REPORT Finance Director George Valentine reported that Sales Tax receipts for the first three months of the fiscal year are up about 10 %. He stated that while water sales were slightly less than average for the months of May, June and July, water purchased from Highland Park during July and thus far through Aug- ust indicate sales will be greater than average in coming months. Revenues and ex- penditures are acting about as anticipated in the budget. Mr. Valentine reported that the State Income Tax increase which took effect on July 1 should mean an additional $80,000 income for the Village. In the twelve months from July 1, 1983 to June 30, 1984, eighteen months of increased income tax will be collected with-two-thirds of the increase reflected in the first six month period and the other one -third in the second six month period. Mr. Valentine further repotted that the State Leg's'l-a =ture had approved an increase in the Motor Fuel Tax, effective August 1. The Village should start receiving increased allotments in September, 1983 netting approximately $30,000 for the period September 1, 1983 until April 30, 1984. The increased tax will,remain in effect for the next two fiscal years. Mayor Forrest inquired about Marshall's and sales tax receipts. Mr. Valentine re- plied that the Department of Revenue had been notified of Marshall's opening but had stated that due to multi -site locations,etc. the tax payments might be delayed. He noted, however, the taxes do come cumulatively and the Village would get them all at once. Mayor Forrest asked about Federal Revenue Sharing. Mr. Valentine reported that the last he had-heard the Revenue Sharing had been extended for three years and that 10% had been added. Trustee York commented that two of the Village shopping centers hold Arts and Crafts shows where much merchandise is sold but that no sales tax is paid the Village. He stated that in Springfield, promoters of the shows are required to distribute to all exhibitors forms for filing sales tax on items sold. He noted that these shows travel from town to.town. Mayor Forrest stated that Lakes Forest does collect a tax for. items bought at such events. Mgr.. Franz was directed to contact Lake Forest to find out what legislation is behind their requirements in this regard. The Board thanked Mr. Valentine for his report. APPROVE WARRANT NO. 14-83 -08 carried on the following.vote: Trustee Heisler moved, seconded by Trustee Jackson, to approve the bills and payroll, including transfers and reimbursements. Motion AYES: Heisler, Jackson, Marty, Swanson, York (5) NAYS: None (0) 230 TRUSTEE JEROLD L. HEISLER Mayor Forrest read a letter from Trustee Heisler RESIGNATION FROM BOARD wherein he submitted his resignation from the Board at the conclusion of the August 15, 1983 meeting. He stated that his resignation was necessitated by his move from Deerfield and relocation to Creve Coeur, Missouri. Mayor Forrest noted that Mr. Heisler had served with distinction on the Village Board for six and one -half years following exemplary-service on and chairmanship of the Safety Council. Thereafter, Mayor Forrest presented Mr. Heisler with a plaque citing his years of service to the Village. All present were in hearty approval of the presentation. PRESENTATION TO POLICE OFFICER PAT ANDERSON DEPARTMENTAL COMMENDATION the railroad station as well as 'a July 11 at about 1 A.M. Mayor Forrest announced that during the latter part of June the police department had discovers eight small fires in the central business dis- trict. Later, a fire doing extensive damage to garage fire along the tracks was discovered on i Because of Commander Pat Anderson's ability to recall similar past experiences, he was able to develop leads to a' possible suspect. Through very skillful inter- rogation he secured,by 6 P.M. the same day, a complete confession to all the fires. Mayor Forrest presented Commander Anderson with a certificate stating,-"The impor- tance of the part Commander Anderson played is certainly deserving of a departmen- tal commendation." He added that other officers involved in this investigation will receive honorable mention. PRESENTATION TO MARSHALLS Mayor Forrest stated that Mr. and Mrs. Irl HOE! HOE! HOE! GARDENERS Marshall were to have been honored during the meeting for allowing their land to be used for the Hoe! Hoe! Hoe! Gardeners program. But inasmuch as illness prevented Mr. Marshall from attending, Mayor Forrest added, "I will send our thanks and thank - you.cards received." Many gardeners were present and left garden.gi£ts which will be delivered to the Marshalls. PUBLIC HEARING 1983 Property Tax Levy Finance Director George Valentine explained that Illinois Statutes require that if a property tax increase in excess of 5% is levied, a public hearing must be held. Mr. Valentine explained the method of computing tax increases over the previous year and stated that this year's,increase is the budgeted 5.6 %. He went on to explain that the increase was not so much an increase in expenditures but a reduction in the amount available for abatement. The Village has traditionally abated portiohs of the tax levy by use of surplus funds in the Sewage Treatment Plant Bond Issue, funds no longer available. The total general type levies are up some $30,500 or a 2.4% increase. Debt service levies in total are down $15,386. The library levy is the. same. There being no one wishing to comment or raise questions, Mayor Forrest adjourned the Public Hearing. Mayor Forrest noted that the major portion of the Sewage Treatment Bond Issue (75 -80 %) had been abated over the years and asked Mr. Valentine for a "recap" of the figures for the next Board meeting. KENMORE AVE. SPECIAL USE /PRD Manager Franz stated that the Plan Commission LIPOWICH RESUBDIVISION had held a public hearing on July 18, 1983 to PLAN COMM. REPORT /RECOMM. consider an application of Mr. Maury Lipowich for approval of a three -lot PRD of his proper- ty located on the east side of Kenmore Avenue between Laurel Avenue and Gordon Terrace. This exact plan of resubdivision had been presented and approved in 1978, but due to economic conditions Mr. Lipowich had not proceeded to develop the land. The Plan Commission recommended (5. -0) that a Special Use /PRD resubdivi,�ion.be ap- proved as proposed. Trustee Marty moved, seconded by Trustee Heisler, to accept the Plan Commission's recommendation and to instruct the attorney to prepare an ordinance granting a Special Use /Planned Residential Development. Motion carried unanimously. RETAIL BUSINESS USES At the last Board meeting it was felt that the I -2 DISTRICTS Zoning Ordinance was unclear regarding the amount of floor space permitted for Retail Out- let Stores in the I -2 District. Trustee Seidman requested that.the provision be modified concerning instances of more than one principal use. Accordingly, Village Attorney Richard Houpt suggested that the provision be amended to read: a. Retail Outlet Stores (not including ware -house sales), accessory to a permitted or special use, provided that such retail uses shall not occupy i r� Ll more than five (5) percent of the total floor area of the principal use; provided further that when there is more than one principal use, e.g., multi- tenant building (s), such retail uses shall be limited to not more than five (5) percent of the total floor area of each such principal use. Trustee Marty moved, seconded by Trustee Swanson, to refer the suggested amend- ment to the Plan Commission for discussion and a Public Hearing. Motion carried unanimously. AUTHORIZE SALE Trustee Heisler moved, seconded by Trustee SURPLUS VILLAGE PROPERTY (CARS) Marty, to waive rules to permit passage of ORDINANCE NO. 0 -83 -28 the ordinance on first reading. Motion car - ried unanimously. Trustee Heisler moved, seconded by Trustee Marty, to pass the ordinance authori- zing the sale of surplus Village property: 1977 Dodge Aspen, Serial No.NL41C7- F284918 (4 door sedan); 1978 Chevrolet Nova, Serial No. 1X68D8W176284 (4 door sedan); 1978 Chevrolet Nova, Serial No. 1X69D8W176220 (4 door sedan). Motion carried on the following vote: 231 AYES: Heisler, Jackson, Marty, Swanson, York (5) NAYS: None (0) SOLID WASTE STUDY Trustee.Marty moved, seconded by Trustee York, RESOLUTION NO. R -83 -08 to adopt a Resolution confirming Deerfield's plan to participate in the Lake County Solid Waste Study. Motion carried unanimously. TAX LEVY ORDINANCE First reading of ordinance levying taxes for MAY 1983 to APRIL 1984 Corporate Purposes for the Current Fiscal Year. HOME RULE DEBT LIMIT Mayor Forrest read a statement regarding the SCHEDULE PUBLIC HEARING Resolution.adopted in 1975 calling for an ad- visory referendum on any bond issue over $500,000. He stated that the Resolution had been adopted prior to'the Home Rule referendum to allay fears of possible misuse of home.rule powers. He pointed out that during the last eight years, the broad taxing powers of.Home Rule had never been exercised, but in fact, tax rates had-been kept under limits permitted non - home rule communities.. He stated that the self- imposed "$500,000 debt limit" deserved further considera- tion for the following reasons: 1. The $500,000 has seriously eroded due to inflation. In current dollars the amount would be approximately $950,000. 2. Non -home rule municipalities have ,broader authority to issue debt than the Village now has in that they can issue general obligation debt without re- ferendum for: (a) judgment funding bonds; (b) refund revenue bonds; (c) estab- lishing a working cash fund; or (d) issuing tax anticipation notes or warrants. 3. Several types of leasing and contractual purchases are allowed under current non -home rule statutes.that are not allowed under the Villages's self- imposed limit. i He went on to state that non -home rule communities are subject to a statutory debt . limit of 8.625% of their assessed valuation. Deerfield has general obligation debt. of only 1.4% of its assessed valuation. He noted that the Village anticipates sev- eral capital projects that must be funded in the relatively near future. For these improvements and the above reasons, he recommended that the Board reconsider the debt limitations established by Resolution R -75 -5. He believed that the Village should have the authority, without referendum, to incur general obligation debt to the statutory limit allowed non -home rule municipalities. He requested the Board to schedule a public hearing in conjunction with the Board meeting of September 6, 1983 to consider the issue. He added that he intended to ask the League of Women Voters to attend and participate in this discussion since they were active in bringing home rule to Deerfield. After a short discussion, October 3 was set for the•public'hearing in conjunction with the regular October Village Board meeting. 232 APPOINT SHEILA STANGER Mayor Forrest stated that inasmuch as Eugene SAFETY COUNCIL CHAIRMAN Berkowitz was resigning from the Safety Council, he wished to appoint Mrs. Sheila Stanger to re- place him as Chairman. Trustee Heisler moved, seconded by Trustee Marty, to appoint Mrs. Sheila Stanger as Chairman of the Safety Council. Motion carried unanimously. i Mayor Forrest reported that those persons seeking appointment to the Board when former Trustee,Ehlers resigned have been notified of a Board vacancy due to Trustee Heisler's resignation. He stated that James Marowitz, Gerald Bard, Robert DuCharme, and Rosemary Stavropolous again wish to be considered. In addition, Harriet Rosen- thal, Chairman of the Plan Commission., has asked to be considered. The press was asked to report that anyone else wishing to be considered should contact,.the Vil- lage Hall by August 22. There being to further business to come before the Board, at 8:45 P.M. Trustee Heisler moved that the meeting be adjourned. APPROVED: Mayor A EST: Villag Cle 1 1