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06/07/1982The'regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the President in the Council Chamber of the Village Hall on- Monday, June 7, 1982 at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, President Marvin W. Ehlers Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman ' Vernon E. Swanson. J. Robert York and that a quorum was present.and in attendance. Also.present were Mana- ger Robert D. Franz and Village.Attorney James Stucko. Trustee Seidman moved, seconded by Trustee Swanson, that the minutes of the previous meeting be approved with the following correction: Under REAL ES- STATE SIGNS, sixth paragraph, change spelling of the name "Schmiel" to "Chmiel ". Motion carried unanimously. DEPARTMENTAL OBJECTIVES Finance Director Geo. Valentine was pre - FINANCE DEPARTMENT sent to discuss and respond to inquiry regarding his report previously submit- ted to the Board. He stated that since his last report: 1) the 1982 -83 Bud- get had been completed, 2) the hospitalization insurance program had been re- searched and coverage of Village employees switched from John Hancock. to the Prudential Life Insurance Co., 3) dental insurance had been added, 4) research and projections re: Tax Increment Financing for the brickyards had been under- taken, and 5) that the investment program was going well,-and�6) the computer conversion is expected to be complete by the end of July., After a short discussion was had of the computer conversion, wherein Mr. Val - entine-reported that "live data" was being entered and the whole system was working very well, Mayor Forrest thanked Mr. Valentine for his report. APPOINT RICHARD RUREY Mayor Forrest announced that he wished .YOUTH COUNCIL — - to recommend that Mr. Richard Rurey 4 be appointed to the Youth Council to fill the-vacancy in a term ending November, 1983. Trustee Seidman moved, seconded by Trustee Swanson, to accept Mayor Forrest's recommendation. Motion carried - unanimously. DIGESTER COVER REPLACEMENT Village Engineer James-:,Soyka was present WASTEWATER TREATMENT PLANT to explain his analysis and recommenda- tion for the digester cover replacement and associated gas equipment for the Wastewater Treatment Plant. He stated that $85,000 had been budgeted to replace the digester cover and gas com- pressor unit. However, when bids came in, the low bid was for $135,000 due to deterioration of the gas recirculation-:. equipment and extensive replace- ment costs. A meeting was held with Keno & Sons Co., the low bidder, to discuss alter- nate proposals: Alternate A Installation of new floating cover and gas recircula- $125 ;000 tion equipment with deletion or modification of some originally specified equipment. Alternate B $85,000 Alternate C $103,000 Installation of new floating cover deleting all gas recirculation equipment. Installation of new floating cover with a new gas compressor and controls as needed. Mr. Soyka stated that the originally budgeted $85,000 was from a deprecia- tion fund for replacement of Wastewater Treatment equipment and that there were sufficient fundsto cover equipment replacements up to $200,000. Mr. Hal Sundin of Baxter & Woodman, Inc., engineering consultants, was pre sent and participated in answering Board inquiries regarding the age, condition, function and efficiency of the present equipment. Both Mr. Soyka and Mr. Sun - din felt it unwise to try to patch up a rusty, 25- year -old digester cover which is operating-at only 30% efficiency. Pros and cons of the three alternate [WLV IWAI proposals were discussed, and Alternate A (recommended by Mr. Soyka) appeared to be the most economical,in the long run. Trustee Marty moved, seconded by Trustee York, that the bid for a digester cover and associated gas recirculation equipment as outlined in Alternate proposal ''A" be awarded to Keno & Sons Construction, Highland Park,.Illinois, in an amount not to exceed $125,000. ,Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) CONSENT AGENDA Fourth of July Parade, Resolution re: closing of portions of Resolution R -82 -04 Deerfield and Waukegan Roads on July 5, 1982 at '11:45 A.M. to permit the Deer- field annual Fourth of .July parade. Prevailing Wage Rates 'Resolution establishing rate of wages for Resolution R -82 -05 construction workers in the Village of Deerfield. Trustee Seidman moved, seconded by Trustee Swanson, that the consent agenda be approved. Motion carried unanimously. Mayor Forrest signed both. Resolutions indicating his approval thereof.. OUTDOOR RECREATION /SOCIAL. FACILITY Trustee Seidman moved, seconded by Trus- TEXT AMENDMENT - I -1 /SPECIAL USE tee York, to waive the rules to permit ORDINANCE NO. 0 -82 -29 passage of the ordinance on first reading. Motion carried unanimously:." Following a short discussion, Trustee Seidman moved, seconded by Trustee Swanson, to pass the ordinance amending the Zoning Ordinance to permit out- door recreational /social.facilities as a Special Use in the I -1 District. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None "(0) OUTDOOR RECREATION /SOCIAL FACILITY Trustee Heisler moved, seconded by Trustee BAXTER - TRAVENOL /FISHMAN Ehlers, that the rules be waived to permit DEERFIELD CENTER - LAKE- COOK.RD. passage of the ordinance on first reading. ORDINANCE NO. 0 -82 -30 Motion carried, Trustee.Marty.voting Nay: Trustee Heisler moved, seconded by Trustee Ehlers, to pass the ordinance approv- ing a Special Use for outdoor recreational /social facilities for the Baxter - Travenol /Deerfield Center property (Fishman) on Lake -Cook Road. 1 Trustee Seidman was opposed to granting the Special Use,.citing the petitioner's disregard of.Village_ ordinances, their absence at the meeting, and the "unsightly condition "of their property. Trustee York stated' that,since the baseball season was short, he and Trustee Swanson had advised the petitioners that they could resume.baseball play (decision to grant their request having been made at the previous Board'meeting, though ordinance was yet to be passed). , Ms. Sherry Kalan, representing :..Baxter - Travenol stated that they had sus- pended play, but had resumed it with the permission of Trustees York and Swanson. She also stated that they have plans to improve the property. Motion to pass the ordinance carried on the following vote: 1 AYES: Ehlers, Heisler, Swanson, York (4) NAYS,: Marty,'Seidman (2) Trustee Marty stated that her negative vote did not reflect - -disapproval of Baxter Travenol but rather of the owners of Deerfield.Center.. Trustee Seidman concurred. NON - CONFORMING STRUCTURES Trustee Seidman moved, seconded by Trus- TEXT AMENDMENT tee Heisler, to pass the ordinance amend - ORDINANCE NO. 0 -82 -31 ing the Zoning Ordinance regarding back, side, and front yard non-conformities-of buildings, which conformed at the time of construction, to permit issuance of building permits, without a variance, where such additions do not increase the non - conformity. Motion passed on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)', NAYS: None (0) FEDERAL REVENUE SHARING FUNDS Trustee Heisler moved, seconded by Trus- AGREEMENT W /WEST DFLD. TOWNSHIP tee York, to authorize Mayor Forrest to . sign an agreement with the West Deerfield Township regarding Federal Revenue Sharing Funds'in the amount of $7,980 for partial payment of the'salary of a social worker. Motion carried on the fol- lowing vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) The-Board'recessed at 8:45 and reconvened at 8:55 P.M. with all members present and in attendance. Mayor,Forrest turned the meeting over to.Trustee Heisler to serve as Mayor pro tem, during discussion and action on items pertaining to the brickyards. TAX INCREMENT Manager Franz stated that on March 18, 1982, REDEVELOPMENT PLAN /PROJECT when the public hearing on the.'.proposal to ORDINANCE NO. 0 -82 -32 establish a Tax Increment Financing district, Bond Counsel had advised that by statute the Village Board had ninety days to form a Tax Increment Financing District and proceed with the Tax Increment Plan. He further stated that since the ninety day period expires on June 16 and the next Board meeting is not until June 21, it was necessary for the Board to make a decision during the present. meeting. Trustee Seidman moved, seconded by Trustee Swanson, that:rules -be- waived to permit passage of the ordinance at first reading. Motion carried,'.Trustee Marty voting Nay. Trustee Seidman moved, seconded by Trustee Swanson, to pass the ordinance approving a .Tax Increment Redevelopment Plan and Redevelopment Project. Mr. Leo Kabat, 664 Carolyn Ct., stated that until.he had read, in a metropolitan newspaper, about plans for establishing a tax increment district, he had not been aware of such plarCp# and questioned a twenty -three year period and frozen assessments. He was advised that while the ordinance.stipulates twenty -three years for the project, the Board can by ordinance terminate the project any time it chooses. Considerable explanation of tax increment financing was given Mr. Kabat in regard to: 1) the frozen assesed valuations, 2)'allocation of tax monies above the freeze to the Redevelopment Agency for the retirement of bonds sold to procure funds to stimulate development of the.Brickyards, 3) the fact that Brickyard property owners would pay taxes without discrimination or tax advantage just as all other property owners do, 4) that it is to the Village's advantage and the Board's intent to retire bonds as quickly as pos- sible, etc.. Mgr. Franz ,offered Mr. Kabat a copy of the Redevelopment Plan and invited him to call for more detailed discussion of.the plan. 'It was . pointed out that the subject of tax increment financing and a district had been discussion for quite some time and that local newspapers had been carrying items on it. The original motion carried on the following vote: AYES: .Ehlers,' Heisler,. Seidman, Swanson, York (5.) NAYS: Marty (1) TAX INCREMENT'.- DESIGNATE Trustee Seidman moved, seconded by Trustee REDEVELOPMENT /PROJECT AREA.& Ehlers, that the rules be waived to permit ADOPT TAX ALLOCATION FINANCING passage of ordinance on first reading. Motion carried, Trustee Marty voting Nay. ti Trustee Seidman moved, seconded by Trustee Ehlers, to pass the ordinance desig- nating a Redevelopment Project Area and Adopting Tax Allocation Financing in the Village. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5). NAYS.: Marty (1) AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) .NAYS: None (0) 1982 STREET MAINTENANCE (MFT) RESOLUTION NO. R=82 -06 Trustee Seidman.moved, seconded by Trus- tee Ehlers, to approve the resolution.. appropriating $208,600 of Motor Fuel Tax, Funds for the maintenance of streets and highways. Motion carried on following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) The-Board'recessed at 8:45 and reconvened at 8:55 P.M. with all members present and in attendance. Mayor,Forrest turned the meeting over to.Trustee Heisler to serve as Mayor pro tem, during discussion and action on items pertaining to the brickyards. TAX INCREMENT Manager Franz stated that on March 18, 1982, REDEVELOPMENT PLAN /PROJECT when the public hearing on the.'.proposal to ORDINANCE NO. 0 -82 -32 establish a Tax Increment Financing district, Bond Counsel had advised that by statute the Village Board had ninety days to form a Tax Increment Financing District and proceed with the Tax Increment Plan. He further stated that since the ninety day period expires on June 16 and the next Board meeting is not until June 21, it was necessary for the Board to make a decision during the present. meeting. Trustee Seidman moved, seconded by Trustee Swanson, that:rules -be- waived to permit passage of the ordinance at first reading. Motion carried,'.Trustee Marty voting Nay. Trustee Seidman moved, seconded by Trustee Swanson, to pass the ordinance approving a .Tax Increment Redevelopment Plan and Redevelopment Project. Mr. Leo Kabat, 664 Carolyn Ct., stated that until.he had read, in a metropolitan newspaper, about plans for establishing a tax increment district, he had not been aware of such plarCp# and questioned a twenty -three year period and frozen assessments. He was advised that while the ordinance.stipulates twenty -three years for the project, the Board can by ordinance terminate the project any time it chooses. Considerable explanation of tax increment financing was given Mr. Kabat in regard to: 1) the frozen assesed valuations, 2)'allocation of tax monies above the freeze to the Redevelopment Agency for the retirement of bonds sold to procure funds to stimulate development of the.Brickyards, 3) the fact that Brickyard property owners would pay taxes without discrimination or tax advantage just as all other property owners do, 4) that it is to the Village's advantage and the Board's intent to retire bonds as quickly as pos- sible, etc.. Mgr. Franz ,offered Mr. Kabat a copy of the Redevelopment Plan and invited him to call for more detailed discussion of.the plan. 'It was . pointed out that the subject of tax increment financing and a district had been discussion for quite some time and that local newspapers had been carrying items on it. The original motion carried on the following vote: AYES: .Ehlers,' Heisler,. Seidman, Swanson, York (5.) NAYS: Marty (1) TAX INCREMENT'.- DESIGNATE Trustee Seidman moved, seconded by Trustee REDEVELOPMENT /PROJECT AREA.& Ehlers, that the rules be waived to permit ADOPT TAX ALLOCATION FINANCING passage of ordinance on first reading. Motion carried, Trustee Marty voting Nay. ti Trustee Seidman moved, seconded by Trustee Ehlers, to pass the ordinance desig- nating a Redevelopment Project Area and Adopting Tax Allocation Financing in the Village. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5). NAYS.: Marty (1) W, BRICKYARD LAND TRADING First reading of ordinance. ORDINANCE PROVIDING FOR AGREEMENT Again responding to inquiry from Mr. Leo Kabat, the Board explained the essence of the land swap: 1) exchange of Village land suitable for building for .land -fill property acquired.by Mr. Flodstrom, 2) a differential of approxi- mately $200,000 in favor of the Village, and 3) agreements for the developer to maintain utilities for a number of years to protect the Village, etc. Mgr. Franz stated that - =Staff had met with Mr. Flodstrom and his consultants to work out a great deal of detail leading toward the final development plan. He added that Staff was seeking Board direction in a few matters, and asked-Vil- lage Engineer Soyka to discuss Staff's concerns. Mr. Soyka stated that their first concern dealt with the „sidewalk along Lake - Cook Road. Whereas the entire width of the property, from its western boun- dary.to the railraod tracks, was approximately L600 feet, Mr. Flodstrom wished to install sidewalks along only the approximate 1,000 feet of Phase I. Trustee Swanson stated that.inasmuch as the developer had agreed to landscape the entire width, it was reasonable to require sidewalks the full width of the property as well, in accordance with the subdivision code. His opinion was the consensus of the Board. Mr. Soyka stated that the village subdivision code requires that sidewalks be constructed on both sides of the access street for its entire length. Mr. Eugene DiMonte, attorney for Mr. Flodstrom, stated that Mr. Flodstrom really sought a variation for a 75 -foot instead of the required 80 -foot access right - of -way with a sidewalk only on the west side. Trustee Swanson felt that the subdivision code should be upheld. Mr. Don Fielding, engineer for Mr. Flodstrom; stated that they would prefer a,green strip on the east side rather than a sidewalk to ease a parking lot problem.at. :the entrance to the development. Mr. DiMonte stated that Mr. Flodstrom felt the brickyards' subdivision was not the typical subdivision where sidewalks on both sides of a street were essential. With the exception of Trustee.Swanson, the Board felt one sidewalk would be acceptable. Regarding the access street, the Board.felt that a 35 -foot pavement would be required and that while the required 80 -foot right -of -way was in order, the petitioner should discuss a 75 -foot right -of -way with the Plan Commission. Trustee Swanson suggested that a 75 -foot right -of -way plus a 5 -foot easement for.utilities,on the east side,,.might solve the problem. Mgr. Franz reported that.research on maintenance agreements for utilities had led Staff to recommend that the.developer sign a 10 -year maintenance agree- ment for all utilities in the ' • -- right -of -way with a letter of credit equal to 10% of the total cost of the utilities. Mr. DiMonte stated that they would agree to a 10 -year responsibility for that portion of the access street on fill -soil, but would like only a 5 -year maintenance agreement for that portion on undisturbed soil. Mgr. Franz pointed out that whatever agreements are reached for the period of petitioner's maintenance, the Board must work out.an.arrangement whereby, at a date certain, the Village assumes responsibility for a fully improved road brought up to standard. Discussion was hat regarding the request of.Fitzgerald & Lytton, representing Advanced Mobile Phone Service, Inc., for an opportunity to speak to the Board to persuade the.Village to withdraw its objection, filed with the Cook County BZA, to construction of a 150 -foot radio antenna at.the Northbrook Sports Club. Decision was made to deny the request. Trustee Seidman reported that apparently the First Federal .property -at Waukegan Road and Osterman Avenue has been bought ;. and he requested that the zoning of the property be re- examined. Trustee Marty fully agreed. There being no further business to come before the Board,.upon motion by Trus- tee Seidman and second by Trustde`Marty, the Board adjourned at 9:45 P.M. ATTEST: _ —Atoll Village erk APP OVED: Village Pre ent 1