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
.
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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 \