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05/02/1994May 2, 1994 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 Monday, May 2, 1994, 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 Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. Trustee Rosenthal made a motion to approve the minutes of the previous meeting. Trustee Heuberger seconded the motion. Motion passed unanimously. DEPARTMENTAL Finance Director George Valentine OBJECTIVES - FINANCE summarized his report on the Departmental DEPARTMENT Objectives of the Finance Department. During the past six months the Village has received two awards from the Government Finance Officers Association. These were the Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award. The annual budget has been completed and was presented to the Mayor and Board of Trustees at the April 18, 1994, meeting. The yield on the Village's investments has exceeded that of the 90 -day Treasury Note. The tax levy ordinance was passed in December, 1993. Upcoming projects include vehicle.stickers, the Annual Audit and the Annual Comprehensive Finance Report, and computer replacements within the department. PROCLAMATION On behalf of the Board of Trustees and all ROSEMARY SAZONOFF DAY Village residents, Mayor Forrest proclaimed Friday, May 6, 1994, Rosemary Sazonoff Day in Deerfield, in recognition of her many years of service to the Village in numerous capacities. Trustee Rosenthal made a motion to accept the proclamation. Trustee Seidman seconded the motion. Motion passed unanimously. Sue Benn accepted the proclamation on Ms. Sazonoff's behalf. PROCLAMATION Mayor Forrest read a proclamation naming CLEAN -UP /FIX -UP DAY the month of May as Clean -Up /Fix -Up Month and May 14 as Clean -Up /Fix -Up Day in Deerfield. He urged all governmental agencies, businesses and residents to participate in this Village -wide effort to improve the general appearance of the community. Trustee Seidman made a motion to accept the proclamation. Trustee Swartz seconded the motion. Motion passed unanimously. Mr. Franz invited anyone who is willing to participate in Clean - Up /Fix -Up Day to meet at 10:00 A.M. on May 14 at the Plaza. Reports SPECIAL USE TO EXPAND The Plan Commission recommended that KIPLING SCHOOL School District 109's request for an amendment to a previously approved Special Use to permit an addition to Kipling School be approved, subject to the Village Engineering Department's approval of the storm water detention plans and calculations, and also subject to the relocation of the utilities. At the Board of Trustees Meeting held 1 [1 on April 4, 1994, a motion was passed to table discussion of the school district's request until all necessary submissions had been made to the Village and approved by the Engineering Department. Trustee Rosenthal made a motion to remove the discussion from the table. Trustee Ehlers seconded the motion. Motion passed unanimously. Bill Steed, Architect with Legat Architects, was present to represent School District 109. He stated that all submissions have now been made to the Village for preliminary review, and that bids are being solicited for the work. Jim Soyka confirmed that the Engineering Department has received the submissions and has reviewed them. There are minor revisions to be made, but they do have the approval of the Engineering Department. Mr. Soyka commented that flooding problems will still be possible at Kipling School in extreme circumstances, but the new water detention will improve the existing situation. Trustee Rosenthal made a motion to accept the recommendation of the Plan Commission and to direct Mr. Stucko to prepare an ordinance. Trustee Seidman seconded the motion. Motion passed unanimously. The ordinance will be ready for the next meeting. Mayor Forrest suggested that the school district write a letter to the Village requesting a waiver of the rules so that the ordinance can be voted on at first reading. REQUEST TO UPDATE The Board of Building Appeals is BUILDING CODES recommending that the 1993 editions of The BOCA National Building Code, The BOCA National Plumbing Code, The BOCA National Mechanical Code, The BOCA National /Fire Prevention Code, The BOCA National Energy Conservation Code, and the 1992 edition of CABO One and Two Family Dwelling Code, as amended, be adopted. Trustee Seidman made a motion to accept the Board of Building Appeals' recommendation and to direct the Village attorney to prepare an ordinance. Trustee Swartz seconded the motion. After some discussion regarding the professional qualifications desired for members of that board, the motion passed unanimously. INCREASED NON- The Board of Zoning Appeals is recommending CONFORMING VARIANCE, that an increased Non - Conformity Variance 1304 CARLISLE PLACE be accepted to permit construction of a family room addition to the home of Chris and Shirley Serbin, 1304 Carlisle Place. The room addition would occupy the area which now contains a patio. Robert Speckmann was present to represent the Board of Zoning Appeals. Mr. Serbin was also in attendance. Trustee Seidman made a motion to accept the report and to direct the Village Attorney to prepare the necessary ordinance. Trustee Heuberger seconded the motion. There was discussion of the proposed light in the soffit. Mr. Serbin said he would delete it from the plan. Motion carried unanimously. Consent Agenda ORDINANCE 0 -94 -14 An ordinance authorizing modification of MODIFICATION OF signage provisions for Bristol Estates. SIGNAGE PROVISIONS - Second reading. BRISTOL ESTATES ORDINANCE AMENDING An ordinance authorizing modification of MUNICIPAL CODE - Section 19 -8 of the Municipal Code 2 OBSTRUCTIONS IN regarding obstructions in the public right - PUBLIC RIGHT -OF -WAY of -way. Second reading. RESOLUTION R -94 -04 A resolution appropriating $314,000 of MFT MAINTENANCE OF Motor Fuel Tax funds for the purpose of STREETS AND HIGHWAYS maintaining streets and highways under the applicable provisions of the Illinois Highway Code, for the period January 1, 1994 to December 31, 1994. Trustee Rosenthal made a motion to adopt the Consent Agenda. Trustee Swartz seconded the motion. Regarding obstructions in the public right -of -way, Trustee Heuberger commented that the ordinance could be misused to legislate the design and structure of mailboxes. After some discussion, Mayor Forrest suggested removing that ordinance from the Consent Agenda and voting on the Consent Agenda without it. Motion to adopt the revised Consent Agenda passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Trustee Seidman made a motion, seconded by Trustee Heuberger, to table until the next meeting further discussion of the ordinance amending the Municipal Code. Motion passed unanimously. Old Business SPECIAL USE PRD/ An ordinance approving Special Use PRD/ RESUBDIVISION - 312 Resubdivision for 312 and 320 Birchwood. AND 320 BIRCHWOOD First reading. JURISDICTION OF THE An ordinance expanding the jurisdiction APPEARANCE REVIEW of the Appearance Review Commission to COMMISSION include the C -2 Outlying Commercial District. Second reading. Sy Coleman, President of the Deerfield - Bannockburn - Riverwoods Chamber of Commerce attended the meeting. He commented that the Chamber of Commerce has just become aware of this issue and would like to take a more active role in the decision. He requested that the Board table the issue tonight, so that the Chamber can study the matter and voice its opinion. After some discussion of the issue, Trustee Seidman made a motion to table voting on the ordinance until the next meeting. Trustee Swartz seconded the motion. Motion carried unanimously. After discussing that this is the last meeting for awhile at which all the Board members will be present, Trustee Ehlers made a motion, seconded by Trustee Rosenthal, to reconsider and remove the issue from the table. Motion carried by the following vote: AYES: Ehlers, Rosenthal, Swanson, Swartz (4) NAYS: Heuberger, Seidman (2) Trustee Ehlers, seconded by Trustee Heuberger, made a motion to adopt the ordinance. After some discussion, a vote was held. Motion failed to pass and the ordinance was not adopted. The vote was as follows: AYES: Heuberger, Rosenthal (2) NAYS: Ehlers, Seidman, Swanson, Swartz (4) New Business BID FOR 50/50 PARKWAY Mr. Soyka is recommending that the Village TREE PROGRAM accept the price list of St. Aubin Nurseries as provider for trees for the 3 Village's 50/50 Parkway Tree Program. While not the lowest bidder on every species of tree, St. Aubin had the lowest price on the species most often selected by Village residents. There was some discussion that the Village should select different suppliers for different species of trees, but it was decided that this would not be cost effective. Trustee Seidman made a motion to accept the price list of St. Aubin's Nursery. Trustee Heuberger seconded the motion. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) RESOLUTION R -94 -05 Mr. Soyka is recommending that the Village MFT FUNDS FOR adopt a resolution earmarking $520,000 of DEERFIELD ROAD Motor Fuel Tax funds for the engineering IMPROVEMENTS and rehabilitation of Deerfield Road between Waukegan Road and the east Village limits. Improvements would include intersection improvements and signalization at Heather /Carlisle. Trustee Swanson made a motion to adopt the resolution. Trustee Ehlers seconded it. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) CONSULTANT FOR CABLE Gerald Smith, Assistant to the Village ADVISORY BOARD Manager, and Jesse Rotman, Chairman of the Cable Advisory Board, talked about franchise renewal and explained that the CAB has interviewed several consultants to obtain help with certain aspects of the franchise renewal process. They are recommending that the Board accept the proposal of Communications Service Group, Inc. in the amount of $17,470. Consideration was given to sharing a consultant with Highland Park, but Highland Park was not interested in this. Mr. Rotman commented that fees paid to the consultant should be paid from franchise taxes, and the cable subscriber should benefit due to enhanced customer service standards. A consultant should not be needed once franchise renewal has taken place. Trustee Seidman made a motion, seconded by Trustee Swartz, to commit to a contract with Communications Service Group, Inc. for an amount not to exceed $17,470 over a two year period. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) GRANT OF EASEMENT - The Union Drainage District will not UNION DRAINAGE release its present easements over the old DISTRICT #1 creek bed which flows from the northwest corner to the southeast corner of the Trammel Crow site until all of the easements have been secured for the new channel. The Board of Trustees is being asked to authorize Mayor Forrest to sign a grant of easement for the portion of the creek running from the east side of Pfingsten Road across the northern tip of the Lincoln property /STS property. Mr. Stucko has reviewed the documents and recommends that authorization be granted. Trustee Rosenthal made a motion to authorize the Mayor to sign the grant of easement to Union Drainage District #1. Trustee Heuberger seconded the motion. Motion passed unanimously. APPOINTMENT OF AUDITOR George Valentine is recommending that the FOR 1994 -1995 firm Crowe, Chizek and Company be appointed 4 auditors for 1994 -95. The governmental partner at Crowe Chizek is Lou Karrison, who was also the principal partner at Wolf & Company and at Karrison, Bryne, Jansey & Trimarco, firms that in previous years have been the Village's auditors. The cost for the audit will be $13,875 compared to $13,500 last year. Trustee Seidman made a motion to award a contract to Crowe, Chizek and Company at an amount not to exceed $13,875. Trustee Swartz seconded the motion. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Discussion MUNICIPAL CODE AMENDMENT - RECYCLING/ YARD WASTE COLLECTION procedures used by the Recycles" bags. This Mr. Franz is recommending that the Board direct the Village Attorney to prepare an ordinance that would amend the Municipal Code to reflect the yard waste disposal Village, specifically the use of "Deerfield would simplify enforcement of the rules. Trustee Rosenthal made a motion to direct the Village Attorney to prepare an ordinance amending the section of the Municipal Code relating to the collection of yard waste. Trustee Ehlers seconded the motion. Motion carried unanimously. EXECUTIVE SESSION Trustee Seidman made a motion to go into Executive Session to discuss litigation. Trustee Swartz seconded the motion. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Ehlers made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. Motion passed unanimously. The meeting was adjourned at 9:10 P.M. ATTEST: APPROVED: Village Clerk / Mayor 5