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07/20/1981r G` 1 .Z63 July 20, 1981 The regular meeting of the Board of Trustees'was called to order by the Clerk, in the absence of the President, in the Council Chamber of the Village Hall on Monday, July 20, 1981 at 8:25 P.M., The Clerk called the roll and announced that the following were . Present: Marvin W. Ehlers Jerold L. Heisler Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: Bernard Forrest, President Cynthia J. Marty and that a quorum was present and in attendance at the meeting. Also present were Village Attornev Richard V. Houpt and Village Manager Robert Franz. Trustee Swanson moved, seconded by Trustee York, that Trustee Heisler be appointed President Pro Tem. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee York, that the minutes of July 6, 1.981 be approved as presented with the following correction: under item "Departmental Objectives ", second paragraph, line 8, following "policy ", add "for standards ". Motion carried unanimously. APPROVE WARRANT NO W -81 -7 approved. Motion carried :Trustee Seidman moved, seconded by Trus- tee Ehlers, that payment of Bills, includ- ing fund transfers and reimbursements be by the following vote: .AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) TREASURER'S REPORT Finance Director Geo. Valentine reported that "Revenues are pretty much as anti- cipated ...:and expenditures are pretty much under control except for the Adminis- tration Department, caused primarily by the payment of an unbudgeted item, $8,500 in settlement of a law suit. Following a short discussion, the Board thanked Mr. Valentine for his report. DEPARTMENTAL OBJECTIVES Finance Director Geo. Valentine reported FINANCE DEPARTMENT that the 1981 -82 Budget, an Audit for the year ending April 30, 1981 and preparatory work to the issuing of Industrial Revenue Bonds had been completed. Still awaiting completion is a computer conversion for financial operations due to equipment mal- function and the illness of the vendor who has been hospitalized. It is expected that the system will be completed in six weeks. The Board thanked Mr. Valentine for his report. SPECIAL USE - CADWELL SCHOOL Mgr. Franz stated that the Plan Commission P.C. REPORT & RECOMMENDATION had held a hearing June 25, 1981 (continued to July 9, 1981) to consider the request for a Special Use to permit the use of Cadwell School for a Child Care facility. The Plan Commission unanimously recommended that the request be approved subject to a maximum staff of 25 employees and a maximum of 155 students. Trustee Seidman moved, seconded by Trustee Ehlers, and unanimously approved,that the Plan Commission report and recom- mendation.be accepted and the attorney instructed to prepare the necessary ordinance for the August 3, 1981 Board meeting. Mrs. Bella Silver, Director of the Deerfield 'Day Care Center, requested that the ordinance be passed on first reading (August 3, 1981) as the school is opening early this year. SPECIAL USE - MAPLEWOOD SCHOOL Mgr. Franz stated that the Plan Commission PRIVATE SCHOOL (GLENKIRK) had held a public hearing on June 25, 1981 to P.C. REPORT AND RECOMMENDATION consider the request for a Special Use to al- low the use of Maplewood School as a private school for retarded children. The Plan Commission reported and recommended on a vote of 5 Ayes and 1 Abstention that the petition be approved subject to a maximum enroll- ment of 160 students and a maximum of 50 staff members. After a short discussion regarding playground fencing and compliance with fire codes, Trustee Swanson moved, seconded by Trustee York, that the Plgn Commission report and recommendation be accepted and that the attorney be instructed to prepare the necessary ordinance. Motion carried unanimously. A representative of Glenkirk school was present and requested that the ordinance be passed on its first reading at the August 3, 1981 Board meeting. 264 REAR YARD VARIATION Mgr. Franz read the report and recommendation 960 N. AVENUE (GAPLES) of the Board of Zoning Appeals which had held . BZA REPORT & RECOMMENDATION a public hearing to consider the request of Mr. and Mrs. Harry Gaples for a variation to per- mit the construction of a room addition 36 feet from the rear lot line ,in lieu of the 40 feet required. Although it was the consensus of the BZA members that they were in favor of granting the petition, they unanimously voted to recommend denial of the peti- tion for a variation since the petitioner had not shown hardship. Trustee Seidman stated that the Plan Commission has the authority to grant up to "10% variations (in some instances) and that he favored similar Board action in granting - a 10% variation in the rear yard requirement for the Gaples' property since the neighbors.and the BZA favored it. Responding to Board inquiry, Attorney Houpt stated that the Board as well as the BZA is required to abide by Village ordinances. However, he stated, determining a hard- ship is a subjective decision, and a Board's interpretation might conceivably differ from a BZA's. Trustee Seidman moved, seconded by Trustee York, not to accept the, recommendation of the Board of Zoning Appeals, but to approve the variation, and-in- struct the attorney to prepare the necessary ordinance. Motion carried unanimously. HAZEL AVENUE WIDENING Finance Director Geo. Valentine had investi- FINANCING REPORT gated, at the request of the Board, possi- bilities for financing the widening of Hazel Avenue. He reported that in.order to keep the 1981 property tax levy down, many projects were eliminated and,in addition,. "operating budgets were trimmed to remove all but the most strongly justified expenditures ". He stated that it was ' too early in the year to guess what operating budgets might have a surplus to cover the estimated $15,000 cost of widening. He stated, however, that the Gen- eral Fund was ordinarily financially stable and has the potential enrichment of $30,000.to $50,000, the Teradyne Industrial Revenue Bond fee. He recommended that if the Board decided to proceed with the project, it should do so with the intent of funding it prom the General Fund, but it should keep in mind that the General Fund might run a deficit. Trustee Seidman moved, seconded by Trustee York, to waive the ,taking of bids and to authorize a contract with Eric Bolander Construction Co. to.proceed in conjunction with the Village of Deerfield, in the widening of Hazel Avenue at Waukegan Road according to plans and specifications prepared by the Village Engineer at a total cost not to exceed $15,000. Motion carried by the following vote: " AYES: Ehlers, Heisler, Seidman, York (4) NAYS: Swanson (1) VEHICLE LICENSE FEES Mgr. Franz stated that the Finance Depart- INCREASED went had prepared a schedule of increased vehicle license fees (recommended by the Finance Committee during the budget hearing). He stated that: 1) passenger car fees would be increased 25% (with no increase in the Senior Citizen's fee of $1 for one car), 2)smaller recreational vehicles and motorcycles /mopeds /motor scooters would be increased by 50 %. Trustee Seidman and'Trustee Swanson questioned the 50% increase, but Mgr. Franz stated the staff feels the increases as proposed are justi- fied and-are in..accord with fees charged by other communities. Trustee Seidman moved, seconded by Trustee Ehlers that the village attorney be in- . structed to prepare an ordinance increasing vehicle fees as set forth in the schedule prepared by Staff. Motion carried unanimously. Trustee Seidman requested the Staff to submit for.the next meeting,data regarding the number of recreational vehicles, motorcycles, mopeds, and motor scooters. Motion carried by the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS.: None (0) 1 1 1 $65 FOR. SENIOR CITIZENS Trustee Seidman moved, seconded by Trustee PARK DISTRICT REQUEST Ehlers, that as requested by the Park District, the Village assume the cost of a bus trip, not to exceed $65, to Lakewood Forest Preserve for Sr. Citizens to attend their Recog- nition Day Picnic. Motion carried by following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) 1 1 1 �aV0 TEXT AMENDMENT Trustee Swanson stated that at the last ZONING BOARD OF APPEALS Board meeting when the amendment regarding BZA jurisdiction was discussed, no BZA members were in attendance. BZA Chairman Richard Lorenz explained that the mem- bers had not known that the text amendment was up for discussion. BZA member David Tomehin addressed the Board stating that BZA members had not been notified of the agenda item for the last Board meeting nor had they received notification of the public hearing held by the Plan Commission in May to consider the text amend- ment and he questioned the legality of_the Plan Commission hearing. Attorney Houpt stated that according to Village Ordinance, publication of notice of a hearing on a. text amendment is sufficient legal notification. Mr. Tomchin'reviewed briefly the BZA decision and the Board's reversal (?November 17, 1980) which led to the pro -' posed text amendment redefining the BZA jurisdiction. Attorney Houpt stated that the Board had,upon advice of counsel, acted in a manner he considered correct. BZA member Henry Hollander submitted that he found it most disconcerting that BZA° members had not been notified regarding a matter of extreme concern to them, and that they had not had the opportunity to examine and ask questions regarding the proposed text amendment with which they would have to work. Trustee Heisler stated that there was no intent on the Board's part to by -pass or ignore the BZA; the lack of notification was an oversight. Mgr. Franz agreed. Trustee Seidman moved, seconded by Trustee York to table the matter and "have some liaison on it ". Motion carried unanimously. Following further.discussion when it was learned that Plan Comm. Chm. Arthur Rollin had felt handicapped that no BZA member had been present at'the Plan Commission hearing, Trustee Seidman moved, seconded by Trustee York, to move the item from the table. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Swanson, that the matter of a zoning text amendment be referred•back to the Plan.Commission for review and further con - sideration and that all members of the.BZA be notified to attend. Motion passed unanimously. MUNICIPAL CODE AMENDMENT RE: JURISDICTION OF BZA Trustee Seidman moved, seconded by Trustee Swanson, to table the matter. Motion carried unanimously. DISCUSSION RE: Trustee Heisler stated that the Board had TRAFFIC SIGNAL received a number of letters from Deerfield COMMONS /WAUKEGAN RD.. ENTRANCE Commons merchants favoring the installation of a traffic signal at the Waukegan Rd. en- trance to the Commons. Mr. Richard Longtin, member of the Deerfield Commons Merchants' Assn., who has been working in concert with and representing business and professional men along the perimeter of the Commons, discussed the dangerous traffic situation "seen not only by ourselves but by many of our customers ". He presented petitions containing 2052 signatures:favoring a traffic light. He pointed out that Harland Bartholomew & Assoc. in its report and the VCDC favored such a traffic signal. He noted.that accidents had increased in the past seven months, and that pedestrians, especially senior citizens, and bicylists have difficulty crossing Waukegan Rd. at that point. Trustee Heisler stated that the crux of the whole matter was "how the light is 'to be paid'for -who should properly pay for it, and who should properly pay for what 'share of it. He stated that it is estimated that the cost of the light would be $95,000. Mr. Alan Meyer, president of the First National Bank of Deerfield, and representing the_bank, suggested the possibility of using some portion of sales tax receipts possibily over a 5 -year period, to benefit the business community. -Mr. Meyer sub - mitted that over the past twenty years Deerfield has received over $8,000,000 in sales tax receipts which have been spent in many ways to benefit the village but very little used to benefit the business community. Mr.'Meyer stated that whatever promoted safety in the area would cause business to flourish and increase sales tax for the benefit of all Deerfield. Trustee York agreed with Mr. Meyer's position. Trustee Heisler stated that while he appreciated the importance of the business com- munity to the Village, he felt it necessary to point out that merchants and bankers make a profit in the business community and they only act as agents to collect sales tax paid by the citizens and belonging to the citizens. He, then, asked Mr. Meyer what the merchants, the property owners, the owners of the Commons, the Bank and other interested parties would be willing to contribute, if anything, toward the cost of the traffic light. Mr. Longtin stated that he and Mr. Meyer would return to the business community to discuss possible funding and contact Mgr. Franz to set a date for further discussion with the Board. 266 AWARD BID Trustee York moved, seconded by Trustee Ehlers, PAINTING OF TRAIN STATION to award contract to Mark's Painting Service for the painting of the train station at -a., cost not to exceed $2,260, provided he meets insurance requirements and signs and*sub- mits the necessary non - collusion and non - discrimination papers. Motion carried by fol- lowing vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) Reports Mgr. Franz stated that the Operating Engineers are on strike, which will directly affect the Waukegan Rd. project, though it is not certain to what extent it will affect the overlay or top course of the street and sidewalk work. The laborers can continue to work but (according to the State) if they picket, the job will shut down completely. The Osterman Avenue Railroad crossing work is now complete and will'be opened for use Wednesday of this week.. There being no further business to come before the Board, upon motion by Trustee Seidman and second by Trustee Ehlers, the meeting was adjourned at 10:10 P.M... APPROVED: ATTEST: Village Clerk Village President .1 1