12/16/1996December 16, 1996
The regular meeting of the Board of Trustees of the Village of Deerfield was
called to order by Mayor Forrest in the Council Chamber of the Village Hall on
Monday, December 16, 1996, 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
Absent: Michael Swartz
and that a quorum was present and in attendance. Also present were Village
Manager Robert Franz and Attorney Sheila Quinn.
Trustee Seidman made a motion, seconded by
Trustee Heuberger, to approve the minutes of the previous meeting. Trustee
Seidman noted that the section regarding the 1996 Real Estate Tax Levy should say
that the Village levy is down 1.2 %, not 4.2 %. A motion to approve the minutes as
amended passed unanimously.
BILLS AND PAYROLL Trustee Seidman made a motion, seconded by
Trustee Heuberger, to approve the Bills and
Payroll. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
TREASURER'S REPORT Finance Director George Valentine presented
highlights from the November Treasurer's
Report. Sales tax receipts for November are up by 2 %. The average for the twelve
month period is up 5.9 %. Departments are within projection except for Vehicle and
Equipment Replacement - two major replacement projects which had been budgeted in
1995 -96 did not occur until this fiscal year. As of November 30, 1996, 100.9% of
cash was invested at an average interest rate of 5.58% which compares with an
average rate of 5.13% for the 90 -day Treasury Bill.
REPORTS
REPORT AND RECOMMENDATION OF BZA The BZA held a public hearing on November 19,
RE REQUEST FOR REAR YARD VARIATION 1996, to consider the request of Mr. and Mrs.
FOR AN ADDITION TO A PRINCIPAL Steven Saltzman, 1260 Carol Lane, for a
STRUCTURE- SALTZMAN, 1260 CAROL LANE variation to allow construction of an
addition to the principal structure to within
35' of the rear property line in lieu of the minimum 50' as required by the Zoning
Ordinance. During the course.of the public hearing and after much discussion, a
compromise was reached, and the petition was amended to request a variation to
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within 40' of the rear property line. The motion to grant the amended petition
passed unanimously. Subsequent to the public hearing, the petitioners
reconsidered the 10' variation and requested that the Village Board approve their
original request for a 15' variation which would reduce the setback to 351.
Village Attorney Quinn pointed out that if, the
Board decided not to accept the recommendation of the BZA, it would take an
extraordinary vote (4 of 6 trustees) to approve the Saltzman's request.
Mr. and Mrs. Saltzman and their architect,.
David Mangurten, as well as several BZA members, were in attendance to discuss the
requested variation and to respond to questions from the Board. Mr. Mangurten
explained that the square footage of the Saltzman's lot makes it nonconforming for
R -1 zoning. This nonconformity justifies granting a variation. Mr. Saltzman
described the history of the house, improvements they have already made, and their
future plans for their home. He added that no affected neighbor objects to the
proposal.
Mayor Forrest indicated that it is not clear
how the BZA would have voted if the Saltzmans had not agreed to the compromise.
He would not be in favor of overruling this BZA recommendation in favor of one
that the BZA did not have the opportunity to vote on. Mayor Forrest proposed
sending the petition requesting a 15' variation back to the Board of Zoning
Appeals for their recommendation, though in his opinion there is no hardship to
justify granting the original request.
The Saltzmans were asked to decide if they
want to return to the BZA to request a 15' variation or to have the Board vote on
the recommendation for a 10' variation. The Saltzmans stated that they would like
the Board to vote on the 10' recommendation made by the BZA.
Trustee Seidman made a motion to accept the
report and recommendation of the BZA for a 10' variation and to direct the Village
Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. The
motion passed, with all voting in favor of it except Trustee Seidman.
REPORT AND RECOMMENDATION OF PLAN A public hearing was held by the Plan .
COMMISSION RE REQUEST FOR AMENDMENT Commission on November 14 to consider the
TO SPECIAL USE AND APPROVAL OF request of Heritage Property Group for an
COMMERCIAL PUD - 190 WAUKEGAN ROAD amendment to a Special Use and approval of
(MARSHALL PROPERTY), HERITAGE a Preliminary Development Plan for a
PROPERTY GROUP Commercial Planned Unit Development at 190
Waukegan Road (Marshall property). Both of
these requests passed unanimously. It was also the recommendation of the.Plan
Commission that the following Permitted Uses in the C -2 Outlying Commercial
District be classified as Special Uses for the subject property:
Bakeries, excluding bagel shop not to exceed 2,400 square feet in area
Delicatessens
Department Stores
Food Stores, Grocery Stores and Supermarkets
Garden Supply Stores, including lawn mower sales and repair
Meat and Fish Stores, retail sales only
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Package Liquor Stores
Pet Shops
Phonograph Record, Tape and Sheet Music Stores
On- Premises Dry Cleaning and Laundry Establishment (pick -up and drop -off
only facilities would continue to be Permitted Uses
Food Catering Establishments
Recreational and Social Facilities
By a vote of 6 -0 it.was also the
recommendation of the Plan Commission that all lighting, with the exception of
security lighting, be placed on a timer and automatically turned off at the close
of business hours or 11:00 P.M., whichever is earlier, and that the petitioners
reevaluate the height of light standards and reduce the perimeter photometric
measurement.
Wendell Hollan of CB Commercial was in
attendance to represent Heritage Property Group. Mr. Hollan explained that there
have been three primary revisions to the plan. These are: (1) The height of the
light standards has been reduced from 25' to 181; (2) Candlepower strength has
been reduced to below 1.0. There should be no spillover to residences to the
east; (3) All exterior lighting (except security lighting) will be extinguished at
the close of business or 11:00 P.M., whichever occurs first.
A lengthy discussion then took place regarding
ingress and egress. Trustees expressed concern that another curb cut would
increase problems in what is already an extremely congested area. Mr. Hollan
reiterated unsuccessful efforts made to secure access to the proposed signal at
Oakmont from the property to the north (Carson's Ribs). He also reported that an
effort has been made to choose low impact retailers and those that would attract
mostly drive side traffic.
David Miller, President of Metro
Transportation Group, explained several access alternatives discussed with IDOT.
IDOT favored an option in which the median would be utilized for stacking of
vehicles waiting to make left turns.
Trustee Rosenthal speculated on whether access
to the signal at Oakmont should be made a condition of approval of the petition.
Tony Stevens, President of Heritage Property Group, responded that he doesn't
think getting the access is possible. Mr. Carson has made it clear that.he has no
obligation or desire to provide a cross easement. Mayor Forrest wondered if
condemnation is a possibility. He will instruct staff to discuss the matter with
counsel.
After further discussion regarding
landscaping, signage, recycling, and stormwater detention, Mayor Forrest suggested
tabling the issue to an unspecified date while exploration is made of the
possibilities for solving the problems of ingress and egress. Trustee Seidman so
moved. Trustee Heuberger seconded the motion. The motion passed unanimously.
Mr. Hollan will provide staff with paperwork on all traffic studies done to date.
Mr. Stevens commented that he has a contract
closing date of January 9 with Earl Marshall. If he cannot make this date, there
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may be no project. He asked the Board to consider approving the proposal, with
the stipulation that access to the north will be provided if the Village can
secure the easement. Trustees, indicated they would not feel comfortable with this
arrangement.
REPORT AND RECOMMENDATION OF YOUTH At their meeting of November 6, the Youth
COUNCIL RE TOBACCO REGULATIONS FOR Council voted unanimously to recommend
MINORS enactment of an ordinance prohibiting public
possession of any tobacco products by persons
under the age of 18.
Pat Bornor, Chairperson of the Youth Council,
presented the group's recommendation to the Board. Issues still to be decided
are: (1) whether to permit an exemption for smoking at home under the direct
supervision of a parent and (2) whether to impose a fine for noncompliance or
require attendance at a smoking cessation program. The Youth Council recommends
the exemption for smoking at home under parental supervision, and they recommend a
penalty of $50.00 per offense, with fines to be earmarked for drug prevention
programs.
Police Chief Anderson recommended that the
penalty for smoking by a minor should be issuance of a compliance ticket. This
would be in lieu of an arrest and does not create a criminal record. Chief
Anderson also recommended that there be an absolute prohibition of possession of
tobacco products by minors. Allowing use in the home sends an ambiguous message
to both the offender and the parent. Chief Anderson added that parents will be
contacted any time an offense occurs.
After discussion, Trustee Rosenthal made a
motion to direct the Village attorney to prepare an ordinance with the
recommendations as explained by Chief Anderson. Trustee Ehlers seconded the
motion. The motion passed unanimously.
OLD BUSINESS
ORDINANCE 0 -96 -46 RE 1996 REAL An ordinance approving passage of the 1996
ESTATE TAX LEVY Real Estate Tax Levy in the amount of
$4,781,642. Second Reading.
Trustee Seidman made a motion to pass the 1996
Real Estate Tax Levy. Trustee Heuberger seconded the motion. The motion passed
by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
ORDINANCE 0 -96 -47 RE DEBT SERVICE An ordinance authorizing the abatement of
LEVY TAX ABATEMENT General Obligation Bonds, Series 1993, in the
amount of $567,000. Second Reading.
Trustee Rosenthal made a motion to approve
passage of the Ordinance. Trustee Heuberger seconded the motion. The motion
passed by the following vote:
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AYES: Ehlers, Heuberger, Rosenthal
NAYS: None (0)
ORDINANCE 0 -96 -48 RE ABATEMENT OF
CORPORATE PURPOSE 1987 SERIES BOND
ISSUE FOR 1996 AND SUBSEQUENT
LEVIES
and 2001 - $3,127,500. These funds
called. Second Reading.
Seidman, Swanson (5)
An ordinance authorizing the abatement of the
Corporate Purpose 1987 Series Bond Issue in
the amount of $843,000 for 1996 and subsequent
levies as follows: 1997 - $843,000; 1998 -
$843,000; 1999 - $843,000; 2000 - $7,549,000;
are no longer required, and the bond issue was
Trustee Rosenthal made a motion to authorize
the abatement. Trustee Heuberger seconded the motion. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
NEW BUSINESS
RESOLUTION 0 -96 -11 RE RELEASE OF A resolution authorizing the rebate of surplus
SURPLUS TIF FUNDS funds .from the Lake Cook Road Tax Increment
Financing District. The amount of the Lake
County rebate is $2,851,964, and the amount of the Cook County rebate is
$3,752,115. This is the seventh consecutive year that it has been possible to
rebate a1 portion of the TIF funds collected. In total, the Village has been able
to rebate almost $46,000,000.
Trustee Seidman made a motion to approve the
Resolution. Trustee Heuberger seconded the motion. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
AUTHORIZATION TO DISPOSE OF On December 11, bids were opened for a package
SURPLUS PROPERTY - 7 SQUAD CARS of seven surplus 1994 Chevrolet Caprice police
cars. Six bids were received. Deputy Chief
Sliozis recommends that the high bid of $52,628 made by Veto Enterprises be
accepted.
Trustee Seidman made a motion to accept the
bid of $52,628 made by Veto enterprises. Trustee Heuberger seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
AUTHORIZATION TO PURCHASE EQUIPMENT Two wastewater related items have been
FOR SCHEDULED MAINTENANCE AT THE budgeted to be replaced as part of the
WASTEWATER TREATMENT FACILITY Village's regularly scheduled maintenance ■
program.
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Aluminum skirting on the Final Clarifier is
over twenty years old and needs to be replaced. The skirting is only available
from the clarifier manufacturer. $17,000 has been budgeted from the Depreciation
Reserve Fund for this work. Lakeside Equipment Corp will supply the skirting at a
cost of $14,447.
Trustee Heuberger made a motion to accept the
quote of Lakeside Equipment Corp. at a cost not to exceed $14,447. Trustee Ehlers
seconded the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None . (0 )
Pump controls at the Deerfield Road and North
Avenue Lift Stations are scheduled for replacement to increase reliability and
reduce frequent malfunctions. $21,000 has been budgeted from the Sewer Fund for
this work. Mr. Soyka recommends that the bid of Gasvoda & Associates in the
amount of $19,780 be accepted. Controls purchased from them in the past have
proven to be highly reliable.
Trustee Heuberger made a motion to accept the
bid of Gasvoda and Associates in an amount not to exceed $19,780. Trustee Ehlers
seconded the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
AUTHORIZATION TO PURCHASE PROPERTY Authorization is being sought to purchase a
FROM METRA - SOUTH OF OSTERMAN, 90,000± square foot strip of land which
WEST OF WAVERLY runs along the railroad track south of
Osterman and west of Waverly. This property,
which was formerly used as part of METRA's station, has not been used by them in
many years. METRA has agreed to sell the parcel to the Village at a cost of
$365,000, to be paid over two years.
Mayor Forrest expressed his concern over
Section 11 of the contract which pertains to access easement for future commuter
parking. This section restricts use of the property, making it much less
desirable. He feels the Village needs unrestricted use. Mayor Forrest suggested
striking Section 11, sending payment to METRA, and seeing what happens. Trustee
Seidman so moved. Trustee Heuberger seconded the motion. The motion passed by
the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
DISCUSSION
CHANGE IN MEETING DATE Mr. Franz announced that due to the Town
Meeting being scheduled for January 6, a date
required by law, the next Board of Trustees meeting will be held on Wednesday,
January 8.
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e. ,
MARAH SHUMAN PROMOTED Mr. Franz reported that this will be the last
Board meeting for Marah Shuman, Pioneer Press
staff writer who covers Deerfield. Ms. Shuman is being promoted to an editing
position.
EXECUTIVE SESSION Mayor Forrest asked for a recommendation to go
into Executive Session to discuss land
acquisition. Trustee Heuberger so moved. Trustee Swanson seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
ADJOURNMENT There being no further business to discuss,
Trustee Rosenthal made a motion to adjourn the
meeting. Trustee Heuberger seconded the motion. The motion passed unanimously.
The meeting was adjourned at 9:50 P.M.
ATTEST:
Village Clerk LD
APPROVED:
7
Mayor
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