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05/20/1985May 20, 1985 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Mayor ini,the Council Chamber of the Village Hall on i Monday, May 20, 1985'at 8:00 P.M. The Clerk called the. roll and announced the following were Present: Bernard,Foriest, Mayor James L. Marovitz Cynthia J. Marty Harriet E. Rosenthal Vernon E. Swanson J. Robert York Absent: Edwin B. Seidman i and that a quorum was present and in attendance. Also present were Robert D. Franz, Village Manager, and James K.Stucko Village Attorney. Trustee Marty moved, seconded by Trustee Rosenthal, to approve the minutes of the previous meeting with the following corrections: under BEAUTY AND BARBER- SHOPS, first NAY vote, substitute "Seidman" for "Swanson "; under LAKE -COOK RETENTION BASIN, correct spelling of "Marovitz ". Motion carried unanimously. APPROVE WARRANT Trustee Marty moved, seconded by Trustee NO. 0 -85 -05 Swanson, to approve the Bills and Payroll, including transfers and reimbursements. Motion carried on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SWANSON, YORK (5) NAYS: NONE (0) INTEREST EARNINGS Finance Director George Valentine reported DISTRIBUTION DISCUSSED that there had been a number of suits against counties (mostly DuPage and down- state) regarding interest on property taxes held by counties for an'extended period of time, thereby increasing county earning and decreasing money that municipalities could earn. The legislature addressed the issue, which resulted in Public Act 83- 1431.(effective September 16, 1984). This act requires the County. Treasurer to return to Local. taxing districts, if they wish, interest earned on real estate taxes invested.by the counties. If Deerfield chooses, the county will remit the earned interest on Village taxes held by the county (approx.$5,400) and reduce future tax levies by the same amount. However, the Village may elect to have the interest go to a fund for maintenance of the county jail, and no reduction in next year's tax rate. Mr. Valentine recommended that the money go to the county jail fund. He was of the opinion that without such help from municipalities, the county would levy a tax to replace monies lost to the jail fund. Moreover, he felt that since the county did the collecting and had invested prudently, it should have the use of the interest earnings. Trustee Marovitz did not agree. He maintained that the county is obligated to both collect and invest taxes for municipalities, and that therefore, earned interest should properly be remitted to the Village. Trustee York pointed out that up until the present, earned interest on taxe$ had not been considered to belong to municipalities. Trustee Rosenthal asked if the,Board was committing itself for just one year. Mr. Valentine replied that it was. Trustee Marty moved, seconded by Trustee Rosenthal, to accept the Finance Di- rector's report and recommendet}on.to allow interest earnings to go toward maintenance of the county jail. Motion carried, Trustee Marovitz dissenting. 1101 WILMOT ROAD (TRAMUTOLA) A public hearing was held April 30, 1985 FRONTYARD VARIATION by the Board of Zoning Appeals (BZA) to BZA REPORT & RECOMMENDATION consider the request 'by.Mr. and Mrs. Robert ,Tramutola, 1101 Wilmot Road, for a frontyard variation to permit a garage addition-with a setback of 49.28 feet in lieu of the average setback of 70.92 feet,of the entire block. The BZA recommended (on a vote of 5 -1) that the requested variation be granted, with the stipulation that the garage be constructed as shown on the site plan submitted. ,I. I/ ell—,Z 1 Trustee Rosenthal moved, seconded by Trustee Marovitz, to grant the requested variation and direct the attorney to prepare the necessary ordinance. Motion carried unanimously. CONSENT AGENDA ZONING TEXT AMENDMENT - C -3 PUD Section ANNUAL SEWER CHARGE - Municipal Code Amendment BAXTER- TRAVENOL -Spec. Use /Outdoor Rec. Facilities MFT ANNUAL. STREET MAINTENANCE ORDINANCE NO. 0 -85 -26 ORDINANCE NO. 0 -85 -27 ORDINANCE NO.'0 -85 -28 RESOLUTION NO. R -85 -13 Trustee Marty moved, seconded by Trustee Marovitz, to pass the Consent Agenda. Motion carried on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SWANSON, YORK (5) NAYS:, NONE (0) BEAUTY /BARBERSHOP First reading of ordinance. TEXT AMENDMENT Village Attorney Stuclo advised by letter that a review of the chronological history of Plan Commission consideration's of the beauty /barbershop issue, initiated by Matas Corporation in October, 1984, led him to conclude that if the ordinance is approved, the beauty /barbershop use is approved for Matas Corporation without.further hearing. The Plan Com- mission will be advised of Attorney Stucko's opinion and asked to comment, if they wish, before the next meeting. HACKBERRY RELIEF SEWER. Village Engineer James Soyka'reported that APPROVE FINAL PHASE ENGINEERING while it had been originally believed that BAXTER AND WOODMAN PROPOSED the Hackberry sewer could be repaired, it was found that it has to be abandoned and completely replaced with a new sewer. Whereas the present sewer is in the parkway, the new sewer will be beneath the street. The project will involve a very comprehensive inspection process since the present sewer is live and every house will require a temporary pumping arrangement. Every connection to the new sewer must be thorougly inspected and found correct to prevent digging.up the street to make corrections in the future. Mr.. Soyka r.ecommen ded acceptance of a proposal by Baxter and Woodman to supply resident inspec- tion and supervision in the amount of $32,500. Discussion followed regarding how much inspection the Village could supply, the cost of the Lake -Cook Road sewer project if separated from the Hack - berry project, etc. Thereafter, Trustee Marovitz moved, seconded by Trustee Marty, to approve Mr. Soyka's recommendation and accept the proposal.by Bac- ter and Woodman to supply resident inspection and supervision,in an amount not to exceed $32,500. Motion carried on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SWANSON, YORK (5) NAYS: NONE (0) NORTH TRAIL SUBDIVISION Trustee Marty moved, seconded by Trustee STREET RECONSTRUCTTON Marovitz, to accept a contract submatCed. ENGINEERING AUTHORIZED by The Ciorba Group for construction, supervision, and public relations in the North Trail street reconstruction program, at a cost not to exceed $89,061. The motion carried on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SWANSON, YORK (5) NAYS: NONE (0) HOVLAND AREA.(S.W. PORTION) Trustee Marty moved, seconded by Trustee ' PUBLIC IMPROVEMENTS Marovi.tz, to accept the .report of the AUTHORIZE ENGINEERING SERVICES Village Engineer and that R.H. Miller. anal. Associates be retained to provide engineer- ing services for the proposed Special Assessment in the.Hovland.Subdivis;.on. Motion caried'unanimously. MARRIOTT HOTEL Manager Franz explained that when the AMEND FINAL PLAT FOR Marriott land use petition was approved PFINGSTEN RD. EXTENDED ACCESS in 1984, it was agreed that the preferred access to the hotel was off Pfingsten Road extended. Since an agreement has been reached with Messrs. Flodstrom and.Fink to extend Pf.in.gst_en Road, Marriott wishes to abandon the temporary proposed driveway from Lake -Cook Road. If the Village Board agrees, they will seek a permit from the Cook County Highway Department to effectuate the new entrance. Trustee Marty moved, seconded by Trustee Rosenthal, to amend the final plat of the Marriott Hotel property to permit access from Pfingsten Road extended. MotJ.on i carried unanimously. 1 �7 MOBILE HOME TEMPORARY PERMIT Manager Franz reported that Mr. and Mrs. 343 FAIRVIEW /FIRE DAMAGED HOUSE Dennis Lange had requested permission to .locate a 29' mobile home on their property at 343 Fairview Avenue for 3J months since they had found it necessary to vacate their home due to extensive fire damage. Staff. had denied. the request ,since: 1) Current ordinances prohibit mobile homes to be. used for living, sleeping, or housekeeping, 2) No such request has been received in the past and approval might set a precedent, and 3) There are no guarantees that a mobile home per- mitted for a temporary period would be removed.at the end of the period, and the Village would need to resort to court action for its removal. Mr. and Mrs. Lange were present to seek relief from the administrative decision not to permit a mobile home on their property for a short period. They stated they, too, did not'wish to see mobile homes used f.or living in Deerfield. But, they had not been able to rent a Deerfield house on a temporary basis and had to find living quarters in a hotel outside the Vi],lage. They submitted this arrangement is working a. hardship on the family which includes two small children and a dog. One child must be chauffeured to and from his school each day, and will need his friends and recreational. activities in Deerfield i this summer.. They stated they had the support of all their neighbors who had urged them to appeal the administrative denial. Mr.. Herbert Linn, 328 Fairview, stated that while he would not want trailer homes in Deerfield, he and his neighbors supported the Lange's request. Trustee York moved that the request be granted for a maximum period of four months with no appeal for a time extension. However, Mayor Forrest ,advi:;ed that Villages ordinances would have to be changed to accommodate Trustee York's motion. Village Attorney Stucko agreed. Mr. Stucko stated that there were several prohibitions in both the Municipal Code,and particularly in the Zoning Ordinance which would correctly prohibit use of mobile homes for living on any basis. Before the Board could effectively grant the relief sought, it would have to amend the Municipal Code by adding a new section called Temporary Emgergency Occupancy. Under such a section, if a home is more than 50% destroyed, owners could apply to the Mayor and Board -for a temporary occupancy permit. If the request is approved the Board cou d .mpose such time limitations or other conditions as they see f-t. Ile advised that until such an amendment is adopted, the Board could not effectively act. Ile added, however, that in the past, individuals (particula.r.l.y developers) have been permitted to proceed at their own risk prior to completion of certain procedures. Trustee York withdrew his motion. Trustee Marty moved, seconded by Trustee Swanson, to authorize the Village Attorney to prepare an amendment to the Municipal Code for Temporary Emergency Occupancy. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Swanson, to approve the occupancy at 343 Fairview Avenue with a mobile home, of the type described by the petitioner, for a period not to extend beyond 120 days from May 20, 1985, subject to the approval of the Village Staff regarding location of the vehicle on the property. Motion carried unanimously. The Langes were advised that the first reading of the amending ordinance would not be for two weeks, and if they proceeded to move a vehicle onto their property immediately, as they wished,they would do so at their own risk. If for some reason the ordinance was not passed, the mobile home would have to be removed. BRICK SIDEWALK REQUESTED. Manager Franz stated that Mr. and Mrs. Nick 1545 CHAPEL CT. (NELSON) Nelson of 1545 Chapel Court had requested permission permission to put in a two -car, free -form brick driveway running from the street to the house unbroken by the usual concrete sidwalk. There are no provisions in the subdivision control ordinance for sidewalks other than of Portland concrete cement. Staff, there- fore., denied the request because: 1) It would set a bad precedent for cases where other types of materials are requested in lieu of cement, 2) Since this would be in the right -of -way, the Village would ultimately be responsible for it, 3) Liability is greater for this type of walk since it is not as smooth as concrete, and 4) There is no guarantee the homeowners will remain at this address nor that a new owner would accept responsibility for this improvement. Mr. and Mrs. Nelson were present to seek relief from the administrative decision not to permit a brick sidewalk. They explained their desire for the aesthetic effect of a driveway unbroken by a concrete sidewalk. Considerable discussion followed with the Nelson's describing in detail the type of bricks and the base on which they would be laid. 7 Trustee Marty expressed concern about Village liability and maintenance as well as the precedence that would be set for the public right -of -way by a brick sidewalk,despite the fact the proposed material would, without question, create a beautiful effect. Trustees Swanson and Rosenthal concurred. Mrs. Nelson stated that the present sidewalk is sunken and broken and they did not wish to wait until the Village put in sidewalks (late summer o,r fall) before starting their driveway. Manager Franz stated that the Nelson'sicould have their own contractor install a concrete sidewalk and the Village would reimburse them in the amount of the unit price the Village pays on the 50/50 sidewalk program. Trustee Marty moved,,seconded by the Trustee Rosenthal, to accept the Manager's report denying the request for a brick sidewalk. Motion carried unanimously. WATER•RATES INCREASED Mayor Forrest announced that the Board MUNICIPAL CODE AMENDMENT had before it an ordinance to increase ' ORDINANCE N0: 0 -85 -29 water rates in Deerfield, necessitated by Highland Park's passage of an interim rate increase pending final negotiation on a new water service agreement between the two communities. Highland Park has already increased its customer rate to 99G per 100 cubic feet and proposes that this be the amount set in the new contract. Mayor Forrest recommended to the Board that Deerfield increase its rates to 85% of the 99G rate. He pointed out that this reflects the funding formula agreed to with Riverwoods in the recently signed water ser- vice agreement between the two communities. He went on to say, "Our negotiation position with Highland Park has been and will continue to be that we, as a bulk user and single customer using 25% of the pumping station's output, deserve a discount rate. Highland Park does not have the same kind of costs in selling to Deerfield because they would not be billing individual customers or have the same maintenance costs." Trustee Marty moved, seconded by Trustee Swanson, to waive the rules to per- mit passage of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee_ Swanson, to pass,the ordinance estab- lishing a water rate of 84 cents per 100 cubic feet. It was pointed out that there had been a misinterpretation of the water rate schedule regarding the cus- tomer rate to be charged by Deerfield, $1.55 per 100 cubic feet, as opposed to the rate paid by Deerfield to Highland Park for water costs. Thereafter, Trustee Marty moved, seconded by 'trustee Swanson, to amend the motion to pass the ordinance establishing a water rate of $1.55 per 100 cubic feet for Deerfield customers. The amended motion carried on the following vote: AYES: MAROVITZ, MARTY, ACCESS AVENUE - PHASE I ENGINEERING SERVICES AU' proposals received from the Ciorba Group. ROSENTHAL, SWANSON, YORK (5) NAYS: NONE (0) Village Engineer James Soyka, discussed his rHORIZED previously submitted report describing the Access Avenue project and the engineering, McDonough and Associates, Donohue and Associates, and Mr. Soyka stated that Staff Had reviewed the proposals and found Donohue and Association had turned in the best proposal, by far. Donahue can provide expertise, experience, and speed. Speed is of .the essence to get plans and specifications ready so that when funding is available there is a planned project ready. Asked why Donohue was preferred over the Ciorba Group, whose proposal was in a lower amount for more man hours. Mr. Soyka stated that the Ciorba Group were excellent conventional engineers and given plenty of time, they could handle the job. But, for the Access Avenue project, an aggressive, persis- tent firm, thoroughly familiar with the FAUS process, is necessary to drive the project through. , Manager Franz stated that a review of high and above the other two firms, i project. While Staff is recommending imately $1.3•,000 higher), it feels the certed effort with the State in order for to fund the project. i the proposals shows that Donohue ranks asofar as detail and committment to the a firm with the highest proposal (approx- Village will get its money's worth in con - to seek the 75% federal monies hoped Trustee Swanson asked Mr. Soyka what he had found particularly impressive about the Donohue proposal. Mr. Soyka replied, "The format of their proposal. I They recognized what the shortcomings of the project are, where the problems are, and documented them in their proposal." Thereafter, Trustee Marty moved, seconded by Trustee York, to accept the Village Engineer's recommendation that Donohue and Associates be retained at a cost not to exceed $39,900 for engineering services for Phase I only of the Access Avenue project. Motion carried on the following vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SWANSON, YORK (5) NAYS; NpNE (0) TENNAQUA LANE Manager Franz stated that a request had (LOUISA LANE RENAMED) been received from Equity Associates to name the street leading back to their development.and back to the Tennaqua Tennis Club, Tennaqua Lane instead of Louisa Lane. Trustee Marty moved, seconded by Trustee Marovitz, to direct the Village 'Attorney to prepare an ordinance changing the name of Louisa Lane to Tennaqua Lane. Motion carried unanimously. There being no other business to come before the Board, upon motion by Trus- tee Marty and second by Trustee Swanson, the meeting was adjourned at 9:35 P.M. APPROVED: 4— MAYOR ATTEST: VILLAGE CLE J