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12/05/1983• December 5, 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, Decem- ber 5, 1983'at 8:00 P.M. The Clerk called the roll and reported the following were Present: Bernard Forrest, Mayor Stephen 0. Jackson Cynthia J. Marty Edwin B. Seidman Vernon.E. Swanson J. Robert York Absent: James L. Marovitz and that a quorum was present and'in attendance. Also present were Robert D. Franz, Village Manager and,James K. Stucko, Village Attorney. Trustee Seidman moved, seconded by Trustee Marty, to, approve, as presented, the minutes of the previous Board meeting. Motion carried unanimously. DEPARTMENT OBJECTIVES Village Engineer Jas.Soyka discussed and up- ENGINEERING - JAMES SOYKA dated items of his previously submitted report. He stated that the five million gallon per day pump which was installed at the Highland Park reservoir was found to have a de- fective starter (which will be replaced by Westinghouse Corp.). In addition another starter, on one of the two 23- year -old pumps, failed to operate and must be repaired at a cost of $500. The old pumps, themselves, should have bearings and seals replaced as soon as possible at an estimated cost of $4,500. The Board felt the repairs should be made immediately and will have Finance Director Valentine look into the matter of funding. Mr. Soyka reported that the one million dollar Wilmot Road project is essentially complete,and compliments on the functioning of the signals, lighting, etc. have been received. from citizens who had originally voiced objections about the re- construction- of the road. The Street Rehabilitation program in Briarwood Vista subdivision, involving Carlisle, Evergreen, Mulberry, Hyacinth and Greenbriar, has been completed at a cost of $84,000. He stated that the McDonalds /Cadwell's Corners should be operational within ten days and work is underway on the signalization of the east leg of the Green- wood /Waukegan Road intersection. He further reported that the Chestnut /Deerfield Road traffic signal has been activated. It has temporarily been set on short cycles to better acquaint motorists with its presence. Fine tuning of the cycles will come later. The fire department's ability to respond to calls is not ' affected, however, since they have a pre -empt button to change the signals if it is necessary to stop traffic. , The new digester and recirculation equipment at the Village Wastewater Treatment Plant has been-operating satisfactorily since installation in April. But, the plant is experiencing extremely high BOD loadings from Sara Lee due to egg spray washed into the sewer during cleaning procedures. The situation is being closely . monitored and Sara Lee has been charged penalties up to $16,000 per month due to. 'their extra strength wastes and solids which are causing operational problems at the treatment plant. Sara Lee is placing collection devices on its lines and try- ing to get a mixture of products on the lines. Moreover, it will belspending $165,000 to upgrade its own treatment facilities, to be completed by May 31, 1984. In addition it is considering expanding those treatment facilities at a cost of $700,000 and finding an alternate means of sludge disposal. Regarding the 1983 Water Audit, Mr. Soyka stated that the Village had used 2.331 million gallons per day against its 2.531 gallons per day allocation (water sold to Riverwoods is not included'in these figures). A two - percent yearly increase will occur for-the next 10 years, then a one - percent increase until the year 2000. He felt sure such increases would more than supply the water requirements by..non- residential users locating in Deerfield. Moreover, the Village can always re- quest a larger allocation if unanticipated growth is experienced. The Board thanked Mr. Soyka for his report. BIRCHWOOD /CENTRAL STOP SIGN Manager Franz stated that the Safety Council had PETITION CONSIDERED found that warrants had not been met for stop signs at Birchwood and Central Avenues, but had recommended the erection of crossing signs and painted crosswalks instead. Ia In November, a letter and petition for stop signs were received by the Village. Staff reviewed the matter and concurred with the Safety Council that accident information and traffic volumes do not'meet State warrants for stop signs. The course of action to.be followed is increased enforcement to reduce traffic speeds. Mrs: Jan Caron, 1405 Central, submitted that: l) speeding occurs on Central Ave- nue as there are no stop signs between Wilmot and Pine Street, 2)a large number of children.live at 1300 -1400 Central where carriage walks are at the street, 3) speeding cars rounding a curve sometimes climb up over the curb onto the carriage walks where child walk or play, 4) a speed survey was taken during rush hours rather than at hours cited by residents as problem times, and 5).i7.hile a police car parked in the area does slow down traffic, 24 -hour patrolling is un- realistic and a stop sign would to some extent control speeding. Trustee Marty pointed out that Central Avenue is a collector street, wider than nearby streets, and meant to move traffic through. She stated that she had ob- served motorists running stop signs and that stop signs give children a false sense of security. Manager Franz explained that the problem is not unique to Deerfield. Studies show that the greater number of stop signs, the less compliance... motorists simply ignore them and roll on through. The Village has tried to come.up with a formula including traffic volume and accident data and follow it before adding new signs. Trustee York stated that he would like an unmarked squad car to make another Sur- vey at 2:30 -4 P.M. when small children are likely to be out. Trustee Jackson heart- ily agreed with Trustee York, stating that, if residents feel,past surveys have been inadequate, fresh surveys should be made. Trustee Seidman concurred, stating that curves on Central and a school crossing made for a unique situation. Mr. Michael Yoelin, 1410 Central, stated that of all alternatives he'd,heard, stop signs appeared at-least the most effective measure to secure safety for their children. Mayor Forrest replied,that the most effective way was to train children to be safety conscious. He added, "The streets have been here a. long time, and we have no history of any child being injured in this area. The Board has heard hundreds of requests for stop signs in the Village anditurned down most of them.. Mr. Yoelin remarked that even if a stop sign caused a false sense of security, he'd rather have one than none. Mr. Richard White, 1406 Central, spoke briefly about curves, high speed, and difficulty backing out of his-driveway at certain times. He urged Board members to drive on Central and inspect the conditions described by the petitioners. He stated he'd rather have cars slide through a stop sign than speed through an-in- tersection. A traffic survey will Board meeting. DEER RUN SUBDIVISION FINAL PLAT (PHASE II) II which was approved be made, and the matter placed on the agenda at the next Manager Franz reported that the Plan Commission APPROVAL hadimet on December 1, 1983 and reviewed-,.the final plat of subdivision for Deer Run;-Phase unanimously and signed by the Plan Commission chairman. The Board examined the plat and determined that it reflected the right -of -way and easement dedications which were made earlier in the fall plus the change of a street name to St. Andrews Lane. Replying to Trustee York, Engineer Jas. Soyka stated the plat was in order, and he was prepared to sign it. Thereafter, Trustee York moved, seconded by Trustee Marty, to approve the Final Plat�of Subdivion for Deer Run Phase II and authorize the Mayor to sign it. Motion carried unanimously. VARIATION - FRONT YARD Mgr. Franz reported that the Board of Zoning 90 EVERGREEN CT. (CHRISTOPH). Appeals had held a public hearing on November BZA REPORT /RECOMMENDATION 22, 1983 to consider the petition of Mr. G. E. Christoph, 90 Evergreen Ct. for a front yard variation to permit construction encroaching eight feet into the front yard. The BZA concluded that the testimony given did not demonstrate hardship - that no Village ordinances are harsh and prevent the reasonable use of the land which has been used in its present manner many years and that no topographical diffi- culty was present. Accordingly, it was their unanimous recommendation that the petition be denied. Trustee Swanson moved, seconded by Trustee Seidman, to accept the BZA recommenda- tion. 270 Mr. Christoph stated that an addition on the side of his house, where there is room for building, would be aethestically unattractive, would be inconvenient in relation to the garage or necessitate cutting through a stone fireplace wall, entail financial difficulty, etc. The Board discussed with Mr. Christoph zoning. ordinance stipulations necessary for granting variations. Trustee Jack- son and Trustee York, expressing sympathy, strongly urged Mr. Christoph to consult an architect for an imaginative solution to his problem. The motion to accept the BZA recommendation carried on.the following vote: AYES: Marty, Seidman, Swanson (3) NAYS: Jackson, York (2) The Board recessed at 9:05 P.M. to fete Trustee Swanson with a large birthday cake which was shared and enjoyed by everyone present. The Board reconvened for official business at 9:15 P.M. with all members present and in attendance. BILL KNAPP'S RESTAURANT SPECIAL USE ORDINANCE NO. 0 -83 -47 DANGEROUS INTERSECTIONS DARTMOUTH & BIRCHWOOD WILLOW & DARTMOUTH INDIAN HILL & CENTRAL CONSENT AGENDA Special Use granted following receipt of Staff report on driveways. First reading of ordinance to declare these interesections as dangerous in the Municipal Code. Trustee Seidman moved, seconded by Trustee Swanson, to pass the Consent Agenda. Motion carried on the following vote: AYES: Jackson, Marty, Seidman, Swanson, York (5) NAYS: None (0) VARIATION - SIDE /REAR YARD' Trustee Marty moved, seconded by Trustee York, 243 WILMOT ROAD (KOSS) to pass the ordinance granting side and rear ORDINANCE NO. 0 -83 -48 yard variations at 243 Wilmot Road to permit a structure five feet from property lines in lieu of the required ten feet. Trustee Seidman stated that the structure had already been erected, and he objected to such precipitous action as unbe- coming on the part of a former village official. Trustee Marty was of the opin- ion that there had been.no malicious intent in the matter. Motion to pass the ordinance carried on the following vote: AYES: Jackson, Marty, Swanson, York (4) NAYS: Seidman (1) Trustee Seidman requested the record show that he had not originally objected to granting the variation, but that his negative vote indicated his objection to the illegal erection of the structure before the ordinance was passed. DFLD. DAY CARE CENTER Public Works Director Edmund Klasinski reported SPECIAL USE - CADWELL SCHOOL that in accord with safety requirements, en- ORDINANCE NO. 0 -83 -49 trance and exit signs are up, three no- parking signs have been installed as well as a stop sign. Striping of the parking lot will.be completed when weather permits. Thus, Safety Council requirements have been met. Trustee Seidman moved, seconded by Trustee York, to grant a Special Use for the Deerfield Day Care Center at Cadwell School. Motion carried on the following vote: AYES: Jackson, Marty, Seidman, Swanson, York (5) NAYS: None (0) LEAF BURNING DISCUSSION Trustee Seidman stated that Mr. George Sticken, long -time Village resident who had wished to discuss leaf burning, was unable to be present. The Board will reschedule the item for a later meeting, if Mr. Sticken so requests. At Board request, Attorney Stucko had researched State statutes and contacted concerned agencies. He was of the opinion that should the Village change its policy regarding open burning of landscape wastes, it would be acting within its powers. 1 1 1 2, 71 Manager Franz stated that Riverwoods and Bannockburn, while not endorsing open leaf burning, do not restrict it. Lake Forest permits leaf burning under strict. regulations, but admits to enforcement problems. AWARD BID $500,000 CORPORATE BONDS TIF PROJECT RESOLUTION NO. R -83 -12 of 7.0585, a very excellent bid, i nMayor Forrest reported that he and Staff had attended the opening of bids at the Northern Trust Co. on the $500,000 bond issue. The apparent low bidder (of 12 bidders) was the Harris Trust and Savings Bank with the rate his opinion. Trustee Seidman moved, seconded by Trustee, Swanson, to adopt the Resolution ' Awarding $500 Corporate Purpose Bonds, Series 1983, of the Village of Deerfield, Illinois and Determining Certain Other Matters with Respect Thereto. Motion carried on the following vote: 'AYES: Jackson, Marty, Seidman, Swanson, York.(5) NAYS: None (0) VILLAGE BONDED INDEBTEDNESS Mayor.Forrest read the following statement: AMEND POLICY "For the past several months, the Village Board has been reconsidering its self - imposed policy regarding bonded indebtedness'. On October 17th of this year, a public hearing was held seeking expression from residents about amending the current policy, which mandates an advisory referendum before issuing bonds in excess of $500,000. Our purpose in adopting the Resolution in 1975 was to make clear the fact that this Village'Board had no intention of over -using its Home Rule powers which were subsequently established by referendum. "Our track record has proven that Home Rule powers - specifically our bonding, taxing and other fiscal powers -have been used sparingly in the past eight years. This will continue to be the policy of this Village. However, circum- stances which established the ceiling have changed. Inflation, major changes in the election law procedures and amendments to State statutes, in my opinion, now require a reassessment of the original policy. Deerfield has always arranged its debt service requirements to.realize the minimum impact on our taxpayers. Through abatements, we have annually arranged to maintain an even debt levy inso- far as possible. We will continue this practice, to minimize the financial impact on our annual budgets. "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 $20,409,000.' We now have general obligation debt of $3.3 million - 1.4% of our assessed valuation. "The Resolution I am introducing this evening provides'for a new policy which takes into consideration the capital improvement needs.of this community while, at the same time, reflecting our concern for the taxpayers. Under this policy Deerfield should continue to remain well within the statutory debt limit imposed -on non -Home Rule communities. The proposed Resolution calls for a public hearing on all bond issues and sets reasonable limits on the amount of bonded indebtedness without advisory referenda. I believe it to be a fair and equitable policy and I recommend its passage this evening." Thereafter, Mayor Forrest read a letter from Trustee Marovitz, who was unable to be present, expressing his views regarding self- imposed debt limits. He stated, "In light of the fact that if our Village was not home rule, our borrowing power, without referendum, would approximate $20,000,000. I am strongly opposed to any type of limitation of the type which now exists or may be proposed. I would prefer to rely upon the integrity and good judgment of the Board of Trustees, and I ask for a vote against a limitation." Mayor Forrest pointed out that the Board could decide to: 1) Keep the present Resolution 2) Modify it along lines he had suggested.: a) remove the present $500,000 limit and hold a public hearing on all bond issues, -b) issue at no time any more than 25% of the remaining bonded indebtedness available as a non -home rule community, c) hold advisory referenda should the Board desire to go over the set limits. 3) Remove limitations entirely and rely upon.the integrity of the Board as proposed by Trustee Marovitz. Trustee Jackson stated that, the proposed Resolution was-sensible. He added that he did not favor removal of all limitations, but the proposed Resolution would permit the Board leeway to accomplish whatever was necessary while acting re- sponsibly at the same tima. 272 Mayor Forrest noted that the, Board had been very frugal about issuing bonds in the'past. Trustee York commented that it might have been wiser to have passed more. Trustee Swanson concurred with Trustee York, stating that the condition of the Village's infrastructure bore this out. Mayor Forrest added, "Especially in the area of streets'." Trustee York noted that the past necessity of issuing bonds in only $500,000 amounts wasted taxpayers'money in bond counsel and ad- ministrative expenses. Thereafter, Trustee York moved, seconded by Trustee Jackson, to adopt the Resolu- tion amending the policy on the use of Home Rule general bonded indebtedness powers. Village resident Brenda Patterson.noted that it was "comforting" to realize that the Village Board was willing to impose reasonable restraints upon itself in fiscal matters just a's homeowners must do, and to hold hearingsto allow citizen input. She felt the Resolution proposed by Mayor Forrest was equitable. Trustee York requested Finance Director Valentine to furnish the Board with some kind of information regarding costs.per homeowner for repair and replace- ment of storm and wastewater sewers. The motion to adopt the Resolution passed on the following vote: AYES: Jackson,'Marty, Seidman, Swanson, York (5) NAYS: None (0) 1210 GORDON TERRACE Mr. Blus who was recently granted a 2 -lot THEO. BLUS PROPERTY subdivision, with lots of 92'x120' and 178'x120', stated he planned to eventually move.his house from the larger lot and subdivide it into 2 lots ... making a 3 -lot subdivision at 1210 Gordon Terrace. He requested the Village to permit his dedication of a 30'x120' right -of -way to be reduced,to 28'x120, thereby permitting each proposed lot to meet the required 10,800 square feet of lot area. He stated that without the right -of- way reduction, the two proposed lots would have only 10,680 square feet - each 120 square feet short of the requirements. Trustee Marty was firmly opposed to reducing. the right -of -way dedication. She pointed out'that 10,680 square foot lots were only about 1% less in area than required and that the Plan Commission could recommend their approval. She added that the Board would probably accept such a recommendation. The entire Board opposed a reduction of the right -of -way dedication. Mr. Blus asked to have written assurance that when he moved his house he would have two buildable lots. He was advised that the Board would approve only a platted subdivision and that he should prepare drawings to discuss with the Plan Commission at one of their workshop meetings. JOURNAL CT. LEASE A letter was received from Mrs. Lillian GRIMSHAW PROPERTY Grimshaw proposing to resurface that portion PARKING & PAVING i, of Village -owned Journal Ct.(at the rear of her property on Waukegan Road) which she currently leases for $70 per month to provide parking for tenants of her Wauke- gan Road apartment building:,. She requested a five -year lease ... $1 per year for three years and $50 per month'for two years. ' The Board felt there was no public benefit in resurfacing the Journal Ct. area and instructed Staff to notify Mrs. Grimshaw. that it did'not wish to change the present leasing arrangements. A letter was received from American Red Cross regarding their need for blood supplies. Staff willmeet with them and report back to the Board as to what coordination their program would have with North Suburban Association for Health Resources, which provides a blood replacement assurance program for the Village.. 273 DAVID MARKS APPOINTED Mayor Forrest stated he wished to recommend PLAN COMMISSION CHAIRMAN the appointment of David Marks as Chairman of the Plan Commission. Trustee Seidman moved, seconded by Trustee Marty, to approve the Mayor's-recommendation. Motion .carried unanimously. Mayor Forrest reported the death of Police Lt. Robert Charles over the weekend. A moment of silence was observed in memory of Lt. Charles. i There being no further business.to come before the Board, the meeting was adjourned at 10:10 P.M. ROVED: Mayor ATTEST: Village Clerk i 1 1 r