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09/07/1993September 7, 1993 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 Tuesday, September 7, 1993 at 8:00 PM. The Clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor Marvin Ehlers John H. Heuberger Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: Harriet E. Rosenthal and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney Sheila Beary. Trustee Seidman moved, seconded by Trustee Heuberger, that the minutes of the previous meeting be approved. Motion carried unanimously. PROCLAMATION Mayor Forrest proclaimed September 9, 1993 as The National Council of Jewish Women's National Day of the Working Parent. Trustee Swartz moved, seconded by Trustee Seidman, that the Proclamation be accepted. Motion carried unanimously. SWEARING -IN OF Mayor Forrest swore in Stanley Rundell as ESDA MEMBERS Coordinator of the Emergency Services and Disaster Agency in the Village of Deerfield. Mr. Rundell in turn swore in two other men as members of the Emergency Management Group. Trustee Rosenthal joined the meeting. DEPARTMENTAL OBJECTIVES Barbara Houpt, Director of Community COMMUNITY DEVELOPMENT Development, reviewed the Department's activities of the previous six months. Ms. Houpt noted that copies of zoning regulations for the new I -2A and I -2B districts were sent to property and business owners in those districts. The Department is finishing the land use inventory for the Comprehensive Plan but other priorities prevented completion-of work in other sections. Efforts to participate in the Community Rating System, a program designed to permit reductions in flood insurance rates, are continuing. Plaza Pleasures has been well received with a lot of financial support from business owners in town. ZONING ORDINANCE The Plan Commission recommended approval of AMENDMENT /PROPOSED proposed amendments to the Zoning Ordinance DEVELOPMENT CODE and Subdivision Code pertaining to Develop- ment Improvements providing adequate guarantees for private utilities, streets and other improvements in developments. Barbara Houpt recommended further study of the fee section and suggested broadening inspection to private improvement. Trustee Heuberger suggested community involvement. Residents should be advised they are responsible for maintenance of islands in their development. Homeowner associations should have reserves to cover maintenance of common areas. Trustee Rosenthal moved, seconded by Trustee Swartz, that the recom- mendations of the Plan Commission regarding proposed amendments to the Zoning Ordinance and Subdivision Code be accepted and the Attorney directed to prepare the necessary Ordinance. Motion carried unanimously. AMENDMENTS TO BURGLAR Police Chief Anderson discussed the proposed ALARM ORDINANCE amendments to the Alarm Ordinance. In an effort to educate the alarm user and prevent costly fines, the Police Department is considering publishing a pamphlet explaining alarm users' rights and responsibilities. A list of appeals to reduce the fines that have been denied and the basis for these denials would be sent with a bill to discourage alarm users from appealing a bill. Trustee Heuberger moved, seconded by Trustee Swartz, that the report regarding amendments to the Burglar Alarm Ordinance be accepted.and the Attorney directed to prepare the necessary Ordinance. Motion carried unanimously. Consent Agenda 0 -93 -42 ORDINANCE Ordinance Vacating Portion of Alley - 1124 VACATING ALLEY PORTION Forest Avenue, Collins. 1124 FOREST AVENUE 0 -93 -43 ORDINANCE Ordinance Amending PUD Signage Plan to Permit ADDITIONAL SIGN Installation of Additional Sign on Saunders PARKWAY NORTH CENTER Road - Parkway North Center, 5 Parkway North. R -93 -08 RESOLUTION Resolution Amending Annexation Agreement - ANNEXATION AGREEMENT Deerfield - Saunders Joint Venture, Parkway AMENDMENT - DEERFIELD North. SAUNDERS JOINT VENTURE 0 -93 -44 ORDINANCE Ordinance Annexing Property - Deerfield ANNEXING PROPERTY Saunders Joint Venture, Parkway North. DEERFIELD - SAUNDERS JOINT VENTURE, PARKWAY NORTH 0 -93 -45 ORDINANCE Ordinance Amending the Zoning Map - Deerfield ZONING MAP AMENDMENT Saunders Joint Venture, Parkway North. DEERFIELD - SAUNDERS JOINT VENTURE, PARKWAY NORTH 0 -93 -46 ORDINANCE Ordinance Vacating Woodview Lane - Deerfield VACATING WOODVIEW LANE Saunders Joint Venture. DEERFIELD - SAUNDERS JOINT VENTURE ORDINANCE Ordinance Vacating Portion of Alley - 914 and VACATING ALLEY PORTION 918 Woodward Avenue. First Reading. 914 & 918 WOODWARD AVE. Trustee Seidman moved, seconded by Trustee Swartz, that the Consent Agenda be accepted, the Ordinances adopted and the Resolution passed. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) 0 -93 -47 ORDINANCE Ordinance Amending Zoning Ordinance to Permit DRIVE -UP ATM's Drive -Up ATM's in the C -1 Village Center C -1 VILLAGE CENTER District. DISTRICT Trustee Seidman moved, seconded by Trustee Rosenthal, that the Ordinance amending Zoning Ordinance to permit Drive -up ATM's in the C -1 Village Center District be adopted. Motion carried by the following vote: AYES: Ehlers, Heuberger,.Rosenthal, Seidman,,Swanson (5) NAYS: Swartz (1) 0 -93 -48 ORDINANCE Mayor Forrest read a statement (attached) on RESIDENTIAL DEVELOPMENT the proposed Impact Fee Ordinance. He IMPACT FEES invited anyone in the audience to comment on this Ordinance. Robert DiLeonardi, representing Kogen Development, requested delaying a vote on the Ordinance until the developer submitted their input. He suggested payment of impact fees be made on a sliding scale until occupancy permits are issued. Mr. DiLeonardi also suggested the Board -2- i IL consider some type of exception to developers who have applications pending for subdivisions. The Board disagreed with these proposals. Trustee Seidman moved, seconded by Trustee Swartz, that the Ordinance Amending Municipal Code re Residential Development Impact Fees be adopted. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ( 0 ) INCREASE OF CLASS A Ordinance Increasing Number of Class A LIQUOR LICENSES Liquor Licenses from Four to Five. First reading. The Village has received several letters from residents expressing their opposition to a liquor store at the Cori Foods location. Trustees Swartz mentioned he had conversations with several residents who were not in favor of the proposed store. Trustee Seidman commented the store appeared out of character with the Village image. Robert Rosen, 905 Deerfield Road, voiced his opposition to the store stating that Deerfield is a family community and a liquor store in that location did not characterize a family community. Ron Cigelnik, owner of Gold Seal Liquors, was present. He answered inquiries from the Board regarding signage and distributed photos of his other stores for the Board's perusal. BOCA BASIC PLUMBING The Metropolitan Water Reclamation District CODE has requested that the Village adopt an ordinance requiring overhead sewers for below -grade occupancies in areas under MSD jurisdiction (south of Lake Cook Road). The ordinance has been written so that the regulation is applicable to the entire Village. First reading. RE -AWARD OF BID James Soyka, Director of Public Works and 1993 MFT ASPHALT Engineering recommended the Board rescind PATCHING MATERIAL the original asphalt award to Peter Baker & Son, Inc. at the unit price of $22.00 /ton and re -award the contract to Curran Materials at the unit price of $21.00 /ton based on the clarification of information from the Illinois Department of Transportation. Trustee Heuberger moved, seconded by Trustee Seidman, that the contract for 1993 MFT asphalt patching material awarded to Peter Baker & Son, Inc. at a cost of $22.00 /ton be rescinded. Motion carried unanimously. Trustee Rosenthal moved, seconded by Trustee Heuberger, that a contract for 1993 MFT asphalt patching material be re- awarded to Curran Materials at a cost not to exceed $21.00 /ton. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ( 0 ) OSTERMAN AVENUE PROJECT/ Village Manager Robert Franz advised that COMMONWEALTH EDISON Commonwealth Edison needs confirmation to proceed with relocating underground wiring on Osterman Avenue at a cost of $35,725.10. They will incorporate this as part of the overall Robert York Avenue project. Trustee Seidman moved, seconded by Trustee Swartz, that authorization be given to Commonwealth Edison to proceed with relocating underground wiring on Osterman Avenue at a cost not to exceed $35,725.10. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None ( 0 ) DISCUSSION Farid Mustafa, 1122 Montgomery Drive, came before the Board to request assistance from the Village in learning when construction of the proposed Deerfield Tollway Plaza gates and barriers would start. Mr. Mustafa, -3- N representing the residents next to the Tollway, expressed his frustration in getting any information from the authorities. Mayor Forrest replied the Village has been communicating with the Tollway about this matter for the past 20 years. State Representative Lauren Beth Gash who was in the audience acknowledged how difficult it was to get specific information. Her office has received many responses that this project is in the works, but they have not been given information on a specific date and location. State Representative Gash stated she will continue to pursue this matter. Trustee Seidman brought a copy of a listing of Chicagoland area TV cable rates. Deerfield has the highest charges on the list. Trustee Seidman said this situation should be discussed. Trustee Heuberger inquired why an Ordinance allows soliciting for charities until 9 P.M., disturbing families during the dinner hour. He was advised that a court settlement, in which Deerfield was a party, extended the hours from 5 PM to 9 PM for not- for - profit groups. ADJOURNMENT There being no further business, upon motion of Trustee Seidman, seconded by Trustee Heuberger, the meeting adjourned at 9:50 PM. ATTEST: Village Cler -4- J