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10/17/1983252 October 17, 1983 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on Monday, October 17, 1983 at 8:00 P.M. The Clerk called the roll and announced the following were Present: Bernard Forrest, Mayor Stephen 0. Jackson James L. Marovitz Cynthia. J.' Marty Edwin "B. ':Seidman J. Robert York Absent: Vernon E. Swanson and that a quorum was present and in attendance. Also present were Village Mana- ger Robert D. Franz and Village Attorney Richard V. Houpt. Trustee Seidman moved, seconded by Trustee Marty, to approve the minutes of Octo- ber 3, 1983 as presented. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marty, to approve the minutes of the Special Meeting held October 6, 1983 as presented. Motion carried unanimously. APPROVE WARRANT NO. W -83 -10 carried on the following vote: Trustee Jackson moved, seconded by Trustee Marovitz, to approve the bills and payroll, including transfers and reimbursements. Motion AYES: Jackson, Marovitz, Marty, Seidman, York (5) NAYS: None (0) TREASURER'S REPORT Finance Director George Valentine reported that October Sales Tax Receipts were $115,000. He stated, however, that there was nothing to indicate whether the State had with -. held $5,000 to transfer to Libertyville as partial payment of approximately $20,000 the State had erroneously paid to Deerfield. Discussion ensued regarding the State's error in allocating to twelve municipalities funds owed Libertyville, and the State's explanation of erroneous tax reporting by Jewel Food Stores in this instance. Mr. Valentine stated that municipalities do not get a breakdown of sales receipts for each of their businesses -- --only a list of the businesses and their corporate address, which may be in another. state. He pointed out that the State does all the accounting and says how much .a community is supposed to get. He added, "What the State decides it's going to remit is what you get." "With no accounting or any way to track it," added Mayor Forrest. Trustee York suggested it might be worthwhile to contact Niles or DesPlaines where an error of $600,000 was made. The Municipal Finance Officers Assn. and the Northwest Municipal Conference have passed Resolutions similar to Deerfield's to get legislation requiring greater reporting detail. Mayor Forrest stated that all district legislators have been contacted...A letter has been received from Rep. Daniel Pierce, Chairman of the Revenue Committee, enclosing a copy of a proposed House Resolution for taking steps necessary to solve the problem. Trustee Marty moved, seconded by Trustee Jackson., to accept the Treasurer's re- port. Motion carried unanimously. PUBLIC HEARING Consideration of Policy Re: Home Rule General Bonded Indebtedness Powers Mayor Forrest stated that when Home Rule was being considered ink 975, the Board declared by Resolution its intent not to use Home Rule powers for raising revenues in any amount over $500,000. He pointed out that the Board had more than adhered to that pledge, and that in every case except the Library levy, Deerfield's levies are lower than those permitted by State statute to non -Home Rule communi- ties. He then read the following statement: "This public hearing is being held to reconsider. our 'Resolution R - -75 -5 wlvi.ch e:sccl- blished a policy calling for an advisory refei:erldrurl be_for.e :i.ssU :IAI. ; any bend'; It) excess of $500,000. Tliis ResOlUt:l.On l(4a s 1975, 1)171017 L"1 t,i Il.ni it t I 253 Referendum. Our purpose in adopting the resolution was to assure our residents that the Village Board had no intention of abusing home rule powers. We still do not intend to abuse those powers. A review of the past eight years under home rule clearly shows that home rule powers have been.used very sparingly - and this will remain the policy of the Village officials. "However, we believe that circumstances which made the establishment of a $500,000 limit on non - referendum bond issues prudent, have.changed and the Village should now reconsider this limit in order to cope with the present circumstances. The changed conditions which lead us to this conclusion are: Inflation. In current dollars, the $500,000 would be approximately $950,000. Changes in Legal Authority. Without home rule, Deerfield would have broader authority to issue general obligation-debt. This is true because non -home rule municipalities can issue general obligation debt without referendum for judgment funding bonds, refund revenue bonds, establishing a working case fund. or for issuing tax anticipation notes or warrants. Also, several types of leas- ing and contractual purchases are permitted under current non -home rule statutes may not be permitted under our self- imposed limit. Home rule municipalities may legally incur some general obligation indebtedness for proper corporate public purposes without debt limitation and without referendum approval. Timing., Under the relatively new election law, municipalities are restricted as to when referenda can be scheduled. To some degree, these limitations hinder communities in planning and scheduling projects that must be approved by referendum. Municipalities can not take advantage of good construction prices or favorable in- terest rates since considerable notice is required by the County.under the elec- tion law. Total Debt Limit. Without home rule, a municipality has a statutory debt limit of 8.625% of its current assessed valuation. In Deerfield, this would amount to about $20,400,000. Our assessed valuation is $236.9 and 8.625% of that is $20,400,000. We now have general obligation debt of $3.3 million - 1.4% of our assessed valuation. '7t is for these reasons that the Board has agreed to reconsider the existing policy regarding the $500,000 limit. Before amending the policy, however, we wish to receive public input which will be seriously considered prior to any final decision." Trustee Seidman stated that he was one of the Trustees involved in the original Resolution. He'took the position that due to inflation over the years, the Board could safely raise bond limits from $500,000 to $1,000,000 without reneging on its pledge to the citizenry. He was of the opinion that any.amount over.$1,000,000 would have to have justification other than inflation. Mr. Michael Lewitz, 676 Pine Street, identifying himself as vice president and chief officer in charge of municipal finance for Celco Financial Services, Inc., stated that he was only too well aware of debt burdens .facing municipalities. He submitted that he had examined the Village's financial condition as both a professional and resident. He concurred with Mayor Forrest that there were a number of options for municipal finances if the Village were not a Home Rule community with severely limited funding and debt alternatives. He stated that as, professional he naturally looked at planning, structure and burden of debt, obsolescence of capital plans, etc.,and as a resident liked what.he saw. But, he was somewhat unhappy with the current situation which he feels is not economi- cally or realistically efficient. 'He submitted that he respected the village . management, but feels it is too fiscally conservative. He added that as a Home Rule community under its self - imposed restrictions, Deerfield is in a more dif- ficult position than non -Home Rule communities in so far as flexibility in structuring.long term debts and economically providing for programs. Mr. Lewitz went on to say..he did not agree wholly with Trustee Seidman's position that a fixed dollar amount should be placed on the indebtedness the Village could incur. He suggested basing debt limit on an indicator. He favored adoption of two Resolutions: 1) that the Village could incur debt up to $11� million dollars by simply holding a public hearing... insuring residents'..t.ight to be heard, and 2) that the Village have the authority to incur long term indebtness not to ex- ceed 25% of the difference between the then current long -term debt and the then existing non -Home Rule limits. Thus the Village would always have the latitude but constraint of incurring debt in direct relationship to its already out- standing debt. Mr. Gerald Bard, 1215 Arbor Vitae, favored retention of the $500,000 debt limit. He was of the opinion that each capital project should be sold on its own nier.t,. and that such a limit should not hamper any capi.tca:I. project in Deer.fJcad. IIe doted'-that'it takes time - to plan a cap:i.t:al. project, .:111d _c.1 ccefore riiur t'nuid 254 always be sufficient opportunity to go into the market place and raise the parti- cular funds needed. He stated that the Board had done an excellent job with a $500,000 limit, and he felt such a limit was not overly burdensome for the Board, and that the present policy insures Board communication with the citizenry. Mayor Forrest announced that written communications to the Board would be wel- come. The matter will be on the agenda at the first Board meeting in December for further consideration and possible decision. He noted that comparing the 1975 tax levy with the 1982 levy in terms of total dollars, and excluding levies for the Library, there has been an increase of 34% in the seven years for a 4.6 compounded rate. He stated, "I think that's about as responsible as you can get considering these inflationary times. As a matter of fact, the Consumer Price Index for the same period went up a compounded 8.9 percent. We have been very fortunate in being able to hold our increase to less than half the Consumer Price Index indicates." There being no one else wishing to be heard, Trustee Seidman moved, seconded by Trustee Marovitz, that the hearing be closed. Motion carried unanimously. OVERNIGHT PARKING RESTRICTIONS Police Chief Richard Brandt reported that citizens are given by ordinance up to twelve permissions per year to park on the street overnight. Because requests are recorded manually in a parking log, and some homeowners call using different names, dispatchers find it difficult to determine the number of requests made by.each resident for the year. Thirteen residents have already exceeded their allowable permissions. In the,past dispatchers have not always had time to inform residents that they may have a total of twelve permissions, and the dispatchers can't always.check to see how.many the caller may have already used. Because of the problems, a computerized system will be implemented on January 1, 1984. Chief Brandt indicated that the twelve permissions per year, seems to be sufficient for99% of the residents, and those with problems would have problems regardless of the number of permitted by ordinance. They usually havle too many cars to fit on their driveway and should find some other way of storing their cars other than on the street overnight. The Board decided to retain its DEPARTMENTAL OBJECTIVES BUILDING & ZONING DEPARTMENT extremely busy and productive. $140,000 in contrast to the ant present policy on overnight street parking. Building and Zoning Director Charles Smalley reported that since last.April, all areas of building, zoning and planning have been Building permit fees have already exceeded icipated $40,000 included in the budget.. Trustee Seidman inquired whether building and zoning requirements can be met without additional'Staff. Mr. Smalley replied that while commercial construction does not let up during the winter months, single family and remodelling does tend to slow down, and.he hoped the Staff could handle it. Trustee Marty commended the Building and Zoning.Department for "a very fine job with all that is going on ... blue print examination, inspection, paper work, etc. as well as the usual daily routine matters. ". The Board thanked Mr. Smalley for his excellent report. TRUCK HEIGHT & WIDTH Police Richard Brandt stated, that Deerfield's MUN. CODE AMEND. PROPOSED Municipal Code Section 22.96 is written in five parts. Subsection (a)` calls for following State statutes for truck height and weight limitations. Subsection (d) cites speci- fically what those limitations were at the time the ordinance was passed. He pointed out that `(d) was unnecessary if we choose to follow State statutes, and thus (d) can be deleted. Trustee Marty moved, seconded by Trustee Marovitz, that the attorney be instructed to amend Municipal Code Section 22 -96 by eliminating Subsection (d.). Motion carried unanimously. MRS. CATHERINE FIORILLO Mayor Forrest announced that he recommended the APPOINTED CHAIRMAN appointment of Catherine Fiorillo to fill the HUMAN RELATIONS COMMISSION unexpired term of Mrs. Rosemary Stavropolous who has resigned as Chairman of the Human Re -. lations Commission. Trustee Marovitz moved, seconded by Trustee Marty, to accept Mayor Forrest's recommendation. Motion carried unanimously. 1 FIAT ALLIS /MATAS REZONING MEDICAL /DENTAL USES ZONING ORDINANCE AMENDMENT . 255 CONSENT AGENDA First reading of ordinance rezoning the Fiat Allis /Matas property from I -2 to I -1. First reading of ordinance amending the Zoning Ordinance-to permit medical and dental offices in Planned Unit Developments. FIAT ALLIS /MATAS First reading of ordinance. PUD /SPEC. USES /VARIATIONS Trustee Marty moved, seconded by Trustee Seidman, to approve the consent agenda. Motion carried unanimously. LAKE -COOK OFFICE CENTER - PUD AMENDMENT tain requirements for landscape signage requirements to permit The Board had before it an ordinance granting - an amendment to the Lake -Cook Office Center Special Use /PUD_.regarding elimination of cer- screening and berming as well as modification of a development identification flag. Trustee Seidman was opposed to requests for identification sign /flags being con- sidered at hearings on an individual basis. He stated such flags had been caus- ing problems and that such flags should be permitted by ordinance./ Accordingly, Trustee Seidman moved to have the Board instruct the Plan Commission to hold a hearing to consider an amendment to the Zoning Ordinance'to permit development identification flags. Motion failed for lack of a second. The ordinance stood at first reading, Trustee Seidman dissenting. BOCA CODES ADOPTED ORDINANCE 0 -83 -39 Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit passage of the ordinance on first reading. Trustee Seidman moved, seconded,by Trustee Marovitz, to pass the ordinance adopt- ing the BOCA Codes. Motion carried on following vote: AYES: Jackson, Marovitz, Marty, Seidman, York (5) NAYS: None (0) JOU�NAL COURT LEASE RENEWED APARTMENT PARKING 932 -948 WAUKEGAN ROAD property which is used for, parking Motion carried on following vote Trustee Seidman moved, seconded by Trustee Marty, that the Mayor be authorized to sign a lease renewal, amended to show a monthly $5 rental increase, for the Journal Court for apartments at 932 -948 Waukegan Road. AYES: Jackson, Marovitz, Marty, Seidman, York (5) NAYS: None (0) DEER RUN SUB. - PHASE I The Board reviewed the Final Plat for Phase I FINAL PLAT APPROVED of Deer Run Subdivision, and discussed an alternate name for Inverrary Lane from a list of names submitted by the developer (all names of famous golf courses). There- after, Trustee Marovitz moved, seconded by Trustee Jackson, to approve the Phase I Final Plat with Inverrary Lane changed to St. Andrews Lane. Motion carried unanimously. BRICKYARDS - I -1 (EAST)' Trustee Marty moved, seconded by Trustee AMEND ZONING MAP Seidman, to waive the rules to permit passage ORDINANCE NO. 0 -83 -40 of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, to pass the ordinance amending the Zoning Map for I -1 (East). Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Seidman, York (5) NAYS: None (0) BRICKYARDS - I -1 (EAST) SPECIAL USE /PUD ORDINANCE NO. 0 -83 -41 Mgr. Franz read the report of the Plan Commis- sion stating the plan is in substantial con - formance to the preliminary plan except that the developer is now requesting a right -turn- only drive off Lake -Cook Road approximately midway between the railroad tracks and Deer Lake Road. The Plan Commission strorigly recommended that Llie present mountable median on Lake -Cool: Road be r. eplaeed \ai_tl) ri barrier !� ed:i an :i. F cll : additional entrance is approved. A mot i.on ro :�>pi ovrt i lip. r.) n >.i.r.l,. ><<r 256 cut for a right turn drive passed 6 to 0. A motion to approve the plan with the curb cut passed 4 to 0. Trustee Seidman expressed concern that the proposed right -turn drive would en- courage use by'those wishing to get more quickly to development restaurants. Trustee Marty recalled that the original plan was for one entrance only at Deer Lake Road. Mr. Alan Stefaniak, attorney for developer. Sven Flodstrom, stated that the right - turn drive was requested upon advice of consultants to ensure the marketability of the proposed office building by providing direct access to it from Lake -Cook Road. He added that the drive will enhance safety in traffic movement of west- bound traffic on Lake -Cook Road. He added that Cook County will approve a deceleration lane and if it will allow a barrier median (to prevent left -turns from Lake -Cook Road) Mr. Flodstrom is willing. Mgr. Franz stated that conversations with the County that day led him to doubt that it would approve a median barrier at that location. Plan Commissioner Edna Shade stated that implicit in the motion to approve the curb cut was the strong recommendation that the curb on the drive be raised and extended so that there is no access from the South. Such an arrangement would suffice if the barrier median should not be approved. Trustee Marovitz asked what impact such a raise& curb =crould have on safety of snow plowing equipment and the operator. Mr. Les Pollock, planner for Mr. Flod- strom, indicated that the the curb would be designed to present no hazard in snow plowing. Thereafter, Trustee Marty moved, seconded by Trustee Seidman, to waive the rules to pass the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee York, to pass the ordinance authorizing a Special Use /Industrial Planned Unit Development (East) with Exhibit,B revised. (and acceptable to both the Village Manager and Village Engineer) to show an increased curve radius and an unmountable curb as high as permitted by Cook County. Motion passed on following vote: . i/ AYES: Jackson, Marovitz, Marty, Seidman, York (5) NAYS: None (0) ALLEY OFF JOURNAL PLACE Trustee Seidman moved,.seconded by Trustee VACATION REQUESTED Jackson, that the attorney be instructed to prepare an ordinance vacating an alley off Journal Place with deeding of proportionate parts to respective property owners. Property owners adjacent to the alley were present. Discussion ensued regarding compensation to the village. Mgr. Franz stated that in a recent alley vacation, the rate set was $1 per square foot. Approximately 4,000 square feet are in- volved in the present vacation request. Staff was directed to have the alley surveyed and a plat prepared. Each property owner will be charged his pro rata share of the cost of survey and plat prepara- tion as well as for the alley footage vacated. Motion to prepare an ordinance carried unanimously. BRICKYARDS $500,000 BOND ISSUE (TIF) AUTHORIZE ADVERTISING FOR BOND ISSUE AND RETAINING FINANCIAL & LEGAL COUNSEL Mayor Forrest stated that Mr. Sven Flodstrom, developer of the Brickyards property, had asked that another $500,000 TIF Bond be issued to enable him to exercise the second and last option (for land acquisition) as discussed numerous times in the past. Finance Director George Valentine presented for Board consideration a Brickyard Construction and Tax Increment Schedule as well as a TIF District Cash Flow Schedule. Discussion followed with Mr. Valentine stating that the cash flow statements show that the total TIF District revenues will support reasonable Brickyard construction-and show.a positive cash flow figure for the Brickyards itself by 1985/86. Asked by Mayor Forrest as to exactly how the money from the Bond. Issue would be used, Mr. Flodstrom replied, "For purchase of the-property." Trustee Seidman moved, seconded by Trustee Marty, to authorize advertisement for a $500,000 Bond Issue and to retain R.V. Norene and Associates and Bor.ge �d ,e 257 an� Pitt as Financial and Legal.Counsel. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Seidman, York (5) NAYS: None (0) BRICKYARDS Village Engineer.James Soyka had presented to SANITARY SEWER the Board, for discussion purposes only, a preliminary cost estimate for a sanitary sewer through the Brickyards (to relieve:the - load on the Pine Street sewer). It appeared that the total cost of a 15" sewer would cost,in the neighborhood of $224,000 with the Village's share about 40% or $94,000. Mayor Forrest and Trus- tee Marty favored installation of the sewer as soon as possible. Staff was in- structed to report at the next Board meeting regarding funding and an engineering . time frame. There being no.further business to come before the Board, upon motion by Trustee Seidman, the meeting was adjourned at 9:40 P.M. APPROVED: 1 Mayor ATTEST: r Village Clerk 1 \