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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 F9 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 2 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 3' 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: 4 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. `W 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. 6 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 11