Loading...
10/20/1997October 20, 1997 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Monday, October 20, 1997, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: Harriet E. Rosenthal and that a quorum was present and in atten,oance. Also present were Attorney James Stucko and Village Manager Robert anz. APPROVAL OF MINUTES Trus a Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the previous meeting. The motion passed unanimously. BILLS AND PAYROLL Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the Bills and Payroll. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) TREASURER'S REPORT George Valentine presented highlights of the September Treasurer's Report. September sales tax receipts are up by 1% from September of 1996. For the year, sales tax receipts are down 6 %. Other revenues are as projected. As of September 30, 1997, 101% of cash was invested at an average interest rate of 5.81% which compares with an average rate of 5.05% for the 90 -day Treasury Bill. RECOGNITION OF PROMOTION The Board recognized the promotion of Rick Weil to Commander. Mr. Weil has been a member of the Deerfield Police Department since 1980. PUBLIC HEARING ANNOUNCED Mayor Forrest announced that at the next Board of Trustees meeting (November 3) a public hearing will be held to consider the redevelopment plan for the downtown TIF district. In connection with that public hearing, Mayor Forrest announced that (1) The Village has no plans at this time for redeveloping the area north of Deerfield Road. The meeting will concern itself with the area of the Village Center south of Deerfield Road only. (2) Future plans for redevelopment of the southeast quadrant of the Village Center will have to wait for the Village's acquisition of the Knaak parcel at the southeast corner of Deerfield and Waukegan. That redevelopment project will be expedited as much as is possible. A condemnation suit has been filed for that purpose. (3) Despite suggestions that the November 3rd meeting be moved to a larger facility, it will be held as usual at Village Hall, as the Board Room and its cable TV features -offer the best opportunity for the public to observe the proceedings. (4) Anyone wishing to be heard at the November 3rd meeting will be given an opportunity to comment on the redevelopment proposal; however, no action will be taken at the meeting. (5) The Plan Commission's two public hearings on the redevelopment plan (October 23 and November 13) will be broadcast live on Cable Channel 3. Mayor Forrest urged residents to reserve judgment on the redevelopment plan until all facts are presented. REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR SPECIAL July 24, continued to August 28 and USE TO PERMIT SKATEBOARD /ROLLER- September 25. It is their recommendation BLADE PLAZA IN JEWETT PARK, AND that the park district's request for an REPORT AND RECOMMENDATION OF VCDC amendment to a Special Use to permit a RE SKATEBOARD /ROLLERBLADE PLAZA IN skateboard /rollerblade plaza in Jewett Park JEWETT PARK, DEERFIELD PARK DIST. be approved subject to the approval of the Village Engineer in regard to storm water drainage. The motion passed 4 -2. At a meeting held on October 8, the Village Center Development Commission also reviewed the park district's request. By a vote of 7 -0 (1 recuse) , the VCDC voted to approve the park district's request. Trustee Seidman made a motion to accept the report and recommendation of the Plan Commission and the report and recommendation of the VCDC and to direct the Village Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. .Mr. Soyka reported that he has reviewed the conceptual plan for the project. Although there are some potential problems with regard to drainage, there is adequate storm sewer capacity available. He will work with the park district to be sure that an acceptable drainage plan is part of the overall permitting process. Trustee Swanson commented that, in the event the skate plaza is not successful, the park district should consider the possibility of a new senior center on the site. He recommended that the park district consider this fall back use when going through the skate park design process. Park District supervisor Linda Gryziecki and architect Gordon Leedy displayed drawings of the proposed skateboard /rollerblade plaza and presented an overview of the plan. Ms. Gryziecki commented that the plaza will give skaters and rollerbladers a place to go, and it will serve an age group that the park district has had limited success with in the past. The plaza will be able to accommodate 30 -60 users of varying abilities at a time, with an area for other individuals to wait or watch. There will be a viewing area outside the plaza as well. The plaza will be fenced and landscaped. It will have one entrance where plaza regulations and the helmet ordinance will be posted. The plaza will be unsupervised. Construction of the plaza is scheduled to begin in the spring and should be ready for use in the summer of 1998. The project will be paid for using available capital projects funds and possibly some fundraising. Trustee Heuberger commended the park district for coming through for Deerfield's youth. After further discussion, the motion passed unanimously. Mr. Ken Wahlin, 819 Hazel Avenue, commented that he is against the chosen location of the skate plaza, as it is less than 275' from his home. Mr. Wahlin suggested other possible locations which would put the plaza 1000' or more from residential property. Mr. Wahlin is concerned about noise, safety and other issues. Mayor Forrest noted that Mr. Wahlin made a similar statement before the Plan Commission. That Commission and the VCDC both voted in favor of the park district proposal, and now the Village Board has approved it as well. Mr. Wahlin may comment again, if he wishes to, at the 2 November Std Board meeting. Mayor Forrest also asked that the park district respond to Mr. Wahlin's concerns. Students Brian Heuberger and Jordan Bernstein thanked the Board for their efforts in approving the project. REPORT ON TELECOMMUNICATIONS The Illinois General Assembly has recently MUNICIPAL INFRASTRUCTURE passed Public Act 90 -154 which substantially MAINTENANCE FEE ACT eliminates the ability of municipalities to require telecommunications retailers to enter into franchise or license agreements and to pay negotiated fees for the use of public streets and rights -of -way. The act allows franchise fees to remain in effect during any existing contract period, after which they are to be replaced by a tax of up to 1% of gross charges. The Village currently has two franchise fees that are covered under the statute - the telephone franchise fee and the MFS franchise fee. The cable franchise fee is not affected by the statute and may remain in effect. Mr. Valentine commented that, overall, the Village should be financially ahead with the Infrastructure Maintenance Fee. He, along with the Chairman of the Cable and Telecommunications Commission, recommends that the Village adopt an ordinance replacing franchise fees with the 1% Municipal Telecommunications Infrastructure Maintenance Fee. If this is done by November 12, the Illinois Municipal League will be responsible for notification of telecommunications providers. Mr. Stucko noted that the model ordinance will need to be modified and put into the Village format. Trustee Swartz made a motion to adopt the ordinance, with any necessary changes to the format. Trustee Heuberger seconded the motion. The motion passed unanimously. This will be a First Reading. CONSENT AGENDA ORDINANCE 0 -97 -45 AMENDING THE An ordinance amending portions of Article 5 ZONING ORDINANCE CONCERNING CERTAIN of the Zoning Ordinance to eliminate and /or PERMITTED AND SPECIAL USES IN THE reclassify certain uses as Class B Special C -1 VILLAGE CENTER DISTRICT Uses in the C -1 Village Center District. Second Reading. ORDINANCE 0 -97 -46 GRANTING SIDEYARD An ordinance granting a sideyard variation VARIATION, JONES, 1107 FOREST AVE. to Steve and Marie Jones, 1107 Forest Avenue. The variation allows an addition to the rear of the principal structure which would extend the northwest wall in line with the existing structure's northwest wall. First Reading. ORDINANCE 0 -97 -47 AMENDING INTER - An ordinance amending the Agency Agreement. GOVERNMENTAL AGREEMENT WITH THE The amendment will reduce the number of SOLID WASTE AGENCY. OF LAKE COUNTY members required to amend the agency by -laws from three fourths (27 members) to two thirds (24 members). Second Reading. Trustee Seidman moved for a waiver of the rules to permit the ordinance regarding 1107 Forest Avenue to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. Trustee Seidman moved for passage of the Consent Agenda and adoption of all ordinances. Trustee Swartz seconded the motion. The motion passed by the.following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) 3 OLD BUSINESS ORDINANCE AMENDING THE ZONING Mr. Franz reported that .the petitioner has ORDINANCE TO PERMIT•BUILDING requested that these two agenda items be SUPPLY STORES IN C -2 OUTLYING tabled.. Trustee Seidman-so moved. Trustee COMMERCIAL DISTRICT; 2ND READING AND Heuberger seconded the motion. The motion ORDINANCE AUTHORIZING SPECIAL USE 'passed unanimously. FOR BUILDING SUPPLY STORE, 2ND READING, METRA /HOME DEPOT NEW BUSINESS REQUEST FOR DRIVEWAY VARIATION, Glenn Koets, 1103 Williams Avenue, reported KOETS, 1103 WILLIAMS that he has recently replaced his 24' wide garage with a 30' wide garage and is requesting the Board to grant an ordinance amending the Municipal Code so that he can have a 30' paved driveway and curb cut rather than the 18' maximum allowed by Village ordinance. Currently Mr. Koets' 30' wide driveway is all concrete from the garage to what he assumes is the property line, and the remainder is 18' of concrete and 12' of gravel. Trustee Seidman commented that the concrete /gravel combination looks bad. Some other trustees indicated that a 30' concrete driveway would look even worse. After discussion, Trustee Seidman made a motion to direct the Village Attorney to prepare an ordinance amending the Municipal Code to permit construction of a 30' wide driveway. Trustee Ehlers seconded the motion. The motion failed, with only Trustee Seidman voting for it. Trustees suggested that Mr. Koets double check the location of his property line. He can add a concrete driveway to 1' of that line if he so desires. ANALYSIS AND AWARD OF BID FOR Three bids were received for the 1997 -98 1997 -98 PARKWAY TREE TRIMMING Parkway Tree Trimming contract. It is.Mr. Soyka's recommendation that the contract be awarded to low bidder Robert W. Hendricksen Co. in an amount not to exceed the budgeted amount of $35,000. This company had the contract last year and did a good job. The quantity of tree trimming will be adjusted to stay within budget. Trustee Seidman made a motion to award the contract to Robert W. Hendricksen Co. in an amount not to exceed $35,000. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) RESOLUTION R-97-16-RE SERVICE Governor Edgar recently signed into law CREDIT FOR IMRF MEMBERS WHO SERVED Senate Bill 665 which allows IMRF members to IN THE ARMED FORCES purchase up to two years of IMRF credit for military service prior to IMRF participation. The Village may opt into the program at its discretion. The employee is responsible for the payment of both the member and normal employer contributions plus interest. IMRF will use the rates in effect when the military service was rendered, and the .employee's first IMRF salary will be used in the calculation. The legislation includes a six month window with a reduced interest rate of 2 -1 /2b. After May 16, the interest rate increases to 7 -1/2%. The employee will not pay all costs, however. Because of the formula and 4 fl 1 because of the six month window, there will be actuarial deficiencies which will be added to the Village's unfunded liability. After discussion, Trustee Seidman moved for approval of the resolution. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Seidman, Swanson, Swartz (4) NAYS: Heuberger (1) AUTHORIZATION FOR MAYOR TO SIGN The Deerfield Police Department is INTERGOVERNMENTAL AGREEMENT TO USE requesting that Mayor Forrest be authorized THE LAKE COUNTY SHERIFF'S SHOOTING to sign an intergovernmental agreement for RANGE utilization of the Lake _County Sheriff's shooting range. This is an ongoing contract that needs to be renewed. The length of the agreement is three years. The cost is $40 per day on a use basis. Trustee Swartz made a motion to authorize the Mayor's signature. Trustee Heuberger seconded the motion. The motion passed unanimously. DISCUSSION DISCUSSION OF SOUND WALLS John Lyons of 310 Forsythia Drive reported that there are deficiencies in the sound walls adjacent to the tollway. These include (1) lack of caulking of the vertical joints where the slabs fit into the "H" beams, (2) the horizontal gap that was sloppily filled and which can still be seen through, and (3) the inadequate length of the wall, allowing the "end around" migration of noise. Mr. Lyons asked that the Village write to the Deputy Director of the EPA in Illinois requesting that their sound engineer evaluate the effectiveness of the sound wall. This evaluation would be without cost to the Village. Mayor Forrest commented that staff has been working on this matter and will continue to pursue an acceptable solution. RESOLUTION R -97 -17 ESTABLISHING A Trustee Ehlers reported that due to the high MORATORIUM ON ACCEPTANCE OF number of requests by telecommunications APPLICATIONS FOR A SPECIAL USE TO providers for sites to install or construct INSTALL OR CONSTRUCT TELECOM- their facilities within the Village, it MUNICATIONS FACILITIES would be in the Village's best interest to declare a 180 -day moratorium on the acceptance of applications. During the moratorium the Plan Commission would be asked to conduct a review of those portions of the Zoning Ordinance that deal with the location, regulation and granting of a Special Use to allow the installation or construction of telecommunications facilities within the Village limits. Trustee Ehlers moved for a resolution establishing the moratorium. Trustee Seidman seconded the motion. The motion passed unanimously. UPDATE ON CARSON'S DRIVEWAY Barbara Little reported that staff is working with the developer to the south of Carson's (Heritage) who is doing a detailed topographic survey of the area. When that is complete, their civil engineer will look at the connection and will provide drawings. fir. Franz added that when the plans are complete, the ..attorney will be asked to prepare an agreement which will be brought to the Board for approval of a settlement. Trustee Swartz commented that he was unhappy to learn that the signal at that intersection is not due to be put up until next year. He asked staff to see if there is a way the time frame can be mbved.up. Mr. Franz responded that the date given was an outside date that can hopefully be improved upon. L TRAIN WHISTLES Mr. Franz commented that the Village has received several calls from residents about train whistles blowing at Lake Cook Road. Mr. Franz reported that the trains are required by federal law to blow their whistles because of the road construction and the construction of the train station. OVERNIGHT PARKING AT LAKE COOK Trustee Heuberger commented that some spaces ROAD TRAIN STATION should be set aside at the Lake Cook Road station for overnight parking by commuters who need to have use of a car during the day. Staff will look into the matter. EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss land acquisition. Trustee Swartz so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:27 P.M. ATTEST: Village Manager APPROVED: t• C�97� Mayor 0