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09/19/1983240 September 19, 1983 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Clerk, in the absence of the Mayor, in the Council Chamber of the Village Hall on Monday, September 19, 1983 at 8:05 P.M. Upon motion by Trustee Swanson, second by Trustee Jackson,and unanimous Board ap- proval, Trustee Marty was appointed Mayor pro tem. The Clerk called the roll and announced the following were Present: Stephen 0. Jackson James L. Marovitz Cynthia J. Marty Vernon E. Swanson Absent: Bernard Forrest, Mayor Edwin B. Seidman J. Robert York and that a quorum was present and in attendance. Also present were Manager Rob- ert D. Franz and Village Attorney James K. Stucko. Trustee Swanson moved, seconded by Trustee Marovitz, that the minutes;of the September 6, 1983 Board meeting be approved as presented. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) APPROVE WARRANT Trustee Jackson moved, seconded by Trustee Swan - W-83-09 son, that the bills and payroll, including transfers and reimbursements, be approved. Motion carried on following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) TREASURER'S REPORT Motion carried unanimously. PROCLAMATION KIWANIS PEANUT DAY SEPTEMBER 23 and 24 to approve the proclamation. DEPARTMENTAL OBJECTIVES POLICE CHIEF RICHARD BRANDT tives. Trustee Jackson moved, seconded by Trustee Marovitz, to accept the Treasurer's report. Mayor pro tem Marty read Mayor Forrest's pro - clamation designating September 23 and 24 as Kiwanis Peanut Days in Deerfield. Trustee Jackson moved, seconded by Trustee Marovitz, Motion carried unanimously. Chief Brandt was.-present to discuss or answer Board inquiries regarding his previously sub- mitted written report of departmental objec- Trustee Swanson was particulary interested in the Deerfield Bicycle Safety Patrol. The statistics submitted showed that: 1) the original plan1for four officers was reduced to two officers after the budget review, and 2) a total of seventeen accidents had occurred as compared to six accidents the previous year. Asked whether he attributed the increase in accidents to the decreased number of patrol officers, Chief Brandt replied that he could not be absolutely sure such was the case. He stated that each accident (all minor) should be examined to try to discover a pattern and to determine whether extra officers might have prevented some accidents. Trustee Jackson noted that less money had been spent than had been budgeted. Chief Brandt explained that the students hired had been unable to work as long as anticipated which affected the total expenditure. Trustee Swanson com- mented that in reviewing the program for next year, these items should be care- fully considered. Trustee Jackson commended Chief Brandt for a very thorough report, stating, "I felt good when I read it." He then asked about crime prevention programs. Chief Brandt replied that there was no full time crime prevention officer, and that home sur- veys are conducted only at the request of the homeowner. He went on to state that while programs to encourage more locks, lights, etc. have value, he felt that police activity directed toward swift apprehension of criminals was of greater importance. He explained that the average homeowner does not want the expense of burglar - proofing his house. Thus a burglarly ring will simply bypass a well locked 1 1 241 house for those more vulnerable and continue working the Village until caught; hence the importance.of swift-apprehension after the first break -in. He stated, I feel we have been very successful this year. 'We have apprehended more crimi- nals and cleared up more burglaries this year than in the past." The Board thanked Chief Brandt for his excellent report. ST. GREGORY'S EPISCOPAL CHURCH Manager Franz stated that a public hearing SPECIAL USE FOR SECOND .RECTORY had been held on September 15, 1983 to consider PLAN COMM. REPORT /RECOMMENDATION the request of St. Gregory's Episcopal Church for a Special Use to allow the construction of an additional residence for religious personnel for church property. The Plan Commission recommended (on a vote of 5 to 0) that the request be granted sub- ject to the restriction that the residence be used only by persons employed by the church and that the seventeen feet necessary for the Wilmot Road and Deer- field Road right -of -ways be pursued by the Board of Trustees. A large number of St. Gregory's parishioners were present. Mr. Henry Thullen, 2000 Meadow Lane, Bannockburn, chief lay representative of the church, submitted that the church had been "a good citizen," permitting the Park District,.the schools and other organizations to use their parking lots. He stated that they wished permission to erect a rectory without the condition of dedicating seven- teen feet along Deerfield and Wilmot Roads. He submitted that: 1) the request was unfair in that almost one -half acre of land was being required as a dedi- cation in order to build a rectory which would comply with all ordinance.re- quirements, 2) permission from the Diocese as well as consent of two- thirds of the parishioners was required for'the church to deed property to anyone, and 3) the request for dedication raises significant church -state constitutional problems. He considered such Village action to be.illegal since the request .had little to do with publlic safety, health, or welfare. Mr. Harry Moseley, 1310 Woodland Drive, protested a "premature demand for property for which there are no plans specifically developed for its immediate use" and that no compensation was to be given for the land. He added he believed the required dedication to be a form of taxation and thus an illegal act concerning a non - taxable church. Mr. Marshall LaSeuer, 366 Ramsay Road, stated that condemnation and compensation were the recognized proceedings for the acquisition of land for public purpose. He submitted that it was quite different to get a dedication from an individual property owner than to ask those of the church with fiduciary duties to "donate" land. Trustee Marovitz took issue with Mr. LeSeuer's use of the term "donation ". He pointed out that the Village has a vested interest in the betterment of the community which includes acquisition of right -of -ways. Mr. Thullen, addressing the Board, stated, "I don't want you to interpret what I'm saying, or anyone is saying, as taking a position which forever precludes the dedication of this land. When you need that street one-hundred feet wide, you come to us. And if history is any test, we have always cooperated with the Village when necessary." After other parishioners briefly voiced their views, Trustee Marovitz moved, seconded-by Trustee.J.ackson, that the Plan Commission recommendation that a Special Use to permit the construction of an additional residence for the use of religious personnel only be granted, and that the Village Attorney be in- structed to prepare the necessary ordinance. Trustee Swanson stated that on the basis of Mr. Thullen's statement that when the dedication is needed, the church will cooperate, he-would vote on the issue. The motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) INDIAN HILL /CENTRAL AVE Trustee Swanson moved, seconded by Trustee DANGEROUS INTERSECTION Marovitz, that the item be tabled until REPORT OF SAFETY COUNCIL the next Board meeting to permit on -site inspection by the Trustees. The motion carried unanimously. CONSENT AGENDA SPECIAL USE /PRD (LIPOWICH) Resubdivision of two 120 -foot lots into KENMORE BTWN.LAUREL /GORDON 3 80 -foot lots on the east side of Kenmore ORDINANCE NO. 0 -83 -32 Ave. between Laurel and Gordon Terrace. 242 SPECIAL USE /PRD (LIPOWICH) Approval and authorization fox Mayor to sign FINAL PLAT APPROVED the Final Subdivision Plat. KENMORE BTWN LAUREL /GORDON Trustee Swanson moved, seconded by Trustee Jackson, to approve the Consent Agenda as amended. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) DECEPTIVE PRACTICES Chief Brandt explained that the passage of the ORDINANCE CONSIDERED Deceptive Practices Ordinance did not put the police department into the business of col- lecting bad checks. He stated that the ordinance provided the option of charging an offender as a violator of a municipal ordinance with the case being tried in a local branch court with no greater penalty than $500 being assessed by the court. On the other hand, serious or repeat offenders could be prosecuted by ,the States Attorney under State statutes, which carry a much heavier penalty. Following a short discussion of actual procedures necessary before an offense is created, the ordinance was allowed to stand at first reading. BRICKYARDS C -2 (EAST) Amendment to the Zoning Map necessitated ZONING MAP AMENDMENT by the enlarged Eastern C -2 site (for ORDINANCE NO. 0 -83 -33 What's Cookin' Restaurant). Trustee Swan- son moved, seconded by Trustee Jackson, to waive the rules to permit passage of the ordinance on first reading. Motion carried unanimously. Trustee Swanson moved, seconded by Trustee Jackson, to pass the ordinance amend- ing the Zoning Map showing an expanded Eastern C -2 in the Brickyards. Motion i carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) BRICKYARDS - AMENDMENT TO EXISTING SPECIAL USE /COMMERCIAL & INDUSTRIAL PUD ORDINANCE NO. 0 -83 -34 Ordinance amending previously existing PUD to include enlarged C -2 (East). Trustee Swanson moved, seconded by Trustee Jackson, to waive. the rules to permit passage on first reading. Motion carried unanimously. Trustee Swanson moved, seconded by Trustee Marovitz, to pass the ordinance authorizing an amendment to an existing Special Use /Commercial & Industrial Planned Unit Development and approving an addition thereto. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson, (4) NAYS.: None (0) BRICKYARDS - APPROVAL Trustee Swanson moved, seconded by Trustee FINAL DEVELOPMENT PLAN Jackson to authorize. the approval and the EASTERN C -2 & RESUBDIVISION Mayor's signature for the Final Develop- ment Plan of the Eastern C -2 and Resubdivi- sion (Flodstrom's Resubdiv,ision #1). Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) DFLD. COMMONS TRAFFIC SIGNAL Village Engineer Jas. Soyka stated that of three ENGINEERING SERVICES CONTRACT firms submitting proposals, he favored Ciorba Group, Inc. which had just completed design work at Cadwells' Corners /McDonald's intersection. He considered Ciorba Group, which had submitted the lowest proposal, a firm highly qualified in traffic signal work. i Trustee Swanson moved, seconded,.by Trusteee Marovitz, that if a contract is entered into for the Commons /Waukegan Road traffic signal, the contract for engineering services be awarded to Ciorba Group, Inc. at a cost not to exceed. $4,800. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None '(0) 243 ELEVATED WATER TANK AWARD BID FOR PAINTING blasting /painting the inner tank. for compliance with specifications. Director of Public Works Edmund Klasinski explained that the painting job will in- volve painting the outer tank and sand Baxter and Woodman will inspect.the work Trustee Swanson moved, seconded by Trustee Jackson, to award the contract for painting the elevated water tank to Conversa and Company, low bidder, at a cost not to exceed $43,900. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) BRIARWOOD VISTA Village'Engineer James Soyka explained that STREET RESURFACING the resurfacing will be continuous on about AWARD OF BID 50% of the streets in Briarwood Vista: Green- briar, Mulberry, Carlisle, Hyacinth and Ever- green Court. Available funds from the December 1982 bond issue were insufficient to resurface all the streets this year. i Trustee Swanson moved, seconded by Trustee Marovitz, that the contract for the Briarwood Vista street resurfacing program be awarded to Peter Baker and Son Co., low bidder, at a cost not to exceed $73;038. Motion carried on following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) T.I.F. FUNDS - ORDINANCE In the absence of Finance Director George APPROVAL & APPROPRIATION Valentine, Village Attorney Stucko explained BUCCOLA REDEVELOPMENT PROJECT the purpose of the proposed ordinance. The Board had determined that it would be ap- propriate to consider advancing funds to the developers of the 'project known as SCM /Kleinschmidt property in the amount previously considered, $150,000. While the initial intent was to consider a bond issue similar to the one for the Brickyards (this property is also in the TIF district), further consider- ation and consultation with the Bond Counsel,who had done the work in the Brick- yard project,indicated that it would not be cost effective to go through the expense and delay attendant to a full blown bond issue for only $150,000. .It was suggested that the.most expeditious way of handling the matter would be to transfer $150,000 from ithe General Fund for the purpose of this development, with funds applied to the specified uses set forth in the ordinance (essentially: street, sewer, curb and gutter, etc.) under the control of the Village Engineer. The $150,000 would be repaid to the General Fund from the tax allocation fund, which was establised by ordinances when the district was created. Finance Director Valentine had determined a 9% interest factor for the inter -fund pur- pose. He also anticipated (based on other requirements of .the tax allocation fund) that $50,000 plus interest for three consecutive years would be sufficient to make repayment to the General Fund. What the Village wishes to do in a "shorthand manner" is to provide funds for this project more quickly and with less expense. Trustee Swanson asked whether budgeted funds were available for this TIF matter in the General Fund. Mgr. Franz replied that funds are available, though not specifically budgeted. However, the Board may authorize the expenditure with- out amending the current budget to reflect the transfer. Trustee Swanson further inquired about prepayment priorities in the special allocation fund. Mgr. Franz stated that bonds issued earlier do take precedence, but there was virtual assur- ance that there would be sufficient funds to repay the General Fund. He pointed out that the Village has already started receiving tax money from Cook County and is expecting money from Lake County shortly... tax money not originally antici- pated until next year. There is hope that the General Fund can be paid back in less than three years as indicated in the Ordinance. The Ordinance stood at first reading. AUTHORIZE MEMORANDUM OF INTENT Village Attorney Stucko noted that issuance IRS BOND FINANCING (BUCCOLA) of Industrial Revenue Bonds was related to RESOLUTION NO. R -83 -10 issuance of TIF funds. The Resolution directs the execution of a certain Memorandum of Intent between the developer and the Village... that if all is in good order and the rest of the hearing process is conducted and other mechanical steps taken to prepare the necessary ordinance, the Board will authorize the IRB issue. 2,44 Trustee Swanson noted that Industrial Revenue Bond financing techniques were being properly utilized in.the case of the Buccola redevelopment project. Trustee Jackson moved, seconded by Trustee Marovitz, to adopt the Resolution authorizing the Mayor and Clerk to execute a Memorandum of Intent for Indus- trial Revenue Bond Financing for the Buccola Redevelopment Project. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson (4) NAYS: None (0) There being no further business to come before the Board, at 9:50 P.M., Trustee Marovitz moved, seconded by Trustee Jackson, to adjourn the meeting. ATTEST: Lt2::� � * Village Clerk PROVED: i A 1000 Mayor 1 1