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10/15/2001October 15, 2001 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harris in the Council Chamber of the Village Hall on- Monday; October 15, 2001, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE Mayor Harris asked for a motion to make the Pledge of Allegiance a regular feature of the Board of Trustees meetings. Trustee Swanson so moved. Trustee Rosenthal seconded the motion. The motion passed unanimously. Five representatives of the American Legion - were in attendance to lead the Mayor, Board members and audience in the Pledge. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the Trustee Kayne seconded minutes the motion. The motion of the October 1st Board passed unanimously. meeting. Trustee Ragona made a motion to approve the minutes of the October 8th Committee of the Whole meeting. Trustee Kayne seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the September Treasurer's Report. Sales tax received in September (June 2001 sales) is up 11.8% over last September (June 2000 sales). Sales tax collected so far this fiscal year is $1,223,636. Hotel tax is down 3.7% from the same time period last year. As of September 30, 2001, 100% of cash was invested at an average interest rate of 4.99 %, compared to an average rate of 2.86% for the 90 -day Treasury Bill. PROCLAMATION -RED RIBBON WEEK Mayor Harris read a proclamation designating October 20 -28, 2001, as Red Ribbon Week in Deerfield, and he urged all citizens to participate in the community's drug and violence prevention activities. Trustee Rosenthal made a motion to adopt the proclamation. Trustee Swanson seconded the motion. The motion passed 1 1 unanimously. Two representatives of the Deerfield Family Partnership were in attendance to accept the proclamation. PUBLIC COMMENT Ken Werner commended the Mayor and Board for their decision to make the Pledge of Allegiance a regular part of the Board meetings. He thanked everyone who came to the October 8th meeting to express an opinion on the issue and asked that residents and officials continue to work together for the betterment of the Village. Melissa Bigg commended Mayor Harris for the position he took at the October 8th meeting on keeping the.Coromandel access road closed and for his insights on how to improve the process for future developers. REPORT AND RECOMMENDATION OF THE BZA RE REQUEST FOR RELIEF OF SEPARATION ENCROACHMENT BETWEEN PRIMARY AND DETACHED STRUCTURE FOR A BAY WINDOW, SCOTT HARVEY, 911 WESTCLIFF AVENUE detached structure separation. The the requested variation. REPORTS The Board of Zoning Appeals held a public hearing on September 25th to consider the request.of Mr. and Mrs. Scott Harvey for a variation for their property at 911 Westcliff Avenue. The variation would permit the construction of a bay window that would encroach 3'4" into the minimum 10' principal/ Board of Zoning Appeals voted 5 -0 to approve Trustee Rosenthal made a motion to accept the Report and Recommendation of the BZA and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR RESUB- October 4th. It is their recommendation that DIVISION OF PROPERTY TO MOVE AN the request of Howard and Laura Lieberman for EXISTING LOT LINE BETWEEN 149 a preliminary plat of resubdivision at 149 ASPEN WAY AND 140 KENMORE AVENUE Aspen Way and 140 Kenmore Avenue, and the AND APPROVAL OF PRELIMINARY PLAT vacation of an existing rear building line at OF SUBDIVISION, HOWARD AND LAURA 149 Aspen Way be approved. The vote was 5 -0. LIEBERMAN Trustee Kayne made a motion to accept the Report and Recommendation of the Plan Commission. Trustee Ragona seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission has reviewed the Final COMMISSION RE REQUEST FOR APPROVAL Development Plan for Deerbrook Mall and finds OF FINAL DEVELOPMENT PLAN FOR it to be in substantial conformance with the DEERBROOK SHOPPING CENTER Preliminary Development Plan approved earlier by the Board. The Plan Commission believes the changes from the Preliminary Development Plan to the Final Development Plan are appropriate. The Commission believes the project is well planned and will not have an adverse impact on the surrounding properties. They believe the redevelopment of Deerbrook Mall will greatly enhance the property and be an asset to the community. Accordingly it is their recommendation that the Final Development Plan for the redevelopment of Deerbrook Mall be approved. The motion passed 4 -0, with one member recused. 2 Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct preparation of an ordinance approving a Development Agreement. Trustee Ragona seconded the motion. At the request of Trustee Swanson, traffic engineer Tim Doran showed a drawing of the mall and explained the ingress and egress that is proposed for each access drive. After further discussion the motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a workshop meeting COMMISSION RE REQUEST FOR APPROVAL on October 4th. It is their recommendation OF THE FINAL DEVELOPMENT PLAN FOR that Carr America's request for a Final BUILDING #7 AT PARKWAY NORTH Development Plan to permit construction of a 240,739 square foot office building known as Parkway North Seven be approved. The motion passed 4 -0. Trustee Ragona made a motion to accept the Report and Recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -01 -34 APPROVING TEXT An ordinance approving a 14 square foot wall AMENDMENT TO ALLOW A WALL SIGN FOR sign for the Christian Beginnings Pre - School CHRISTIAN BEGINNINGS PRE - SCHOOL AND and Child Care Facility at the Presbyterian CHILD CARE FACILITY, PRESBYTERIAN Church located at 824 Waukegan Road. Second CHURCH, 824 WAUKEGAN ROAD Reading. Trustee Ragona moved for adoption of the ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) OLD BUSINESS ORDINANCE AUTHORIZING EXECUTION OF At the request of the petitioner, these two ANNEXATION AGREEMENT AND ORDINANCE agenda ideas will held over until the next ANNEXING PROPERTY, 1424 CAROL LANE, meeting. BOTH SECOND READINGS RESOLUTION R -01 -09 AUTHORIZING A resolution authorizing Mayor Harris to sign MAYOR TO SIGN AGREEMENT RE VILLAGE an agreement re Village participation in PARTICIPATION IN SWALCO'S GREEN SWALCO's Green Zone Commercial Recycling ZONE COMMERCIAL RECYCLING PROGRAM program. Participation would be for two years, with the Village contributing $20,000 the first year. 3 Trustee Swanson made a motion to approve the resolution. Trustee Rosenthal seconded the motion. Trustee Seiden commented that he is in favor of the program and of the proposed resolution but, if the amount being requested were greater, he would be less inclined to vote for it. Trustee Kayne commented that while he too is in favor of recycling, he feels Deerfield could put the money to better use, while encouraging businesses to accept the cost of recycling— _ as a cost of doing business. After further discussion, the motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: Kayne (1) NEW BUSINESS AUTHORIZATION TO APPROVE Mr. Coblentz explained that BFI Waste Systems SETTLEMENT AGREEMENT RE BFI WASTE has brought suit against Deerfield and 36 SYSTEMS LANDFILL CASE other entities in the Chicago area which were its customers and, as such, contributed refuse to the Elgin landfill, which is now on the EPA Superfund List. BFI Waste Systems is required to clean up the Elgin landfill at a cost of about $•7,000,000. Mr. Coblentz explained that the Village can settle the case for $20,000. So far about half of the 36 entities have indicated they will agree to the settlement. Mr. Coblentz recommends that the Village settle the case, as the cost of defending the claim would most likely exceed the $20,000 settlement, and these dollars would be better spent on environmental remediation and on protecting the Village from further claims. After discussion Trustee Rosenthal made'a motion to approve the settlement agreement. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION FOR VILLAGE TO Mr. Fialkowski is seeking..authorization to PARTICIPATE IN THE ILLINOIS invest some of the Village's funds in the METROPOLITAN INVESTMENT FUND (IMET) Illinois Metropolitan Investment Fund (IMET). IMET is a one to three year investment fund established by Chicago area local councils of government and controlled by representatives of local government. The purpose is to have a managed portfolio of short -term investments in which local governments can invest funds that will not be immediately needed. The investment restrictions of IMET should result in performance in excess of the 90 day Treasury bill rate in a professionally managed fund with a lower than market cost. Over 100 municipalities are currently participating in IMET, with funds totaling over $150,000,000. Mayor Harris and the trustees expressed concern regarding whether the rewards derived from IMET would be worth the risk. They asked Mr. Fialkowski to provide the Board with a risk vs. reward analysis and information regarding the percentage of investible funds rolled over every month or 90 -days by. the Village, as well as the percentage of funds being recommended for investment in IMET. In addition they asked Mr. Fialkowski to 4 compare and contrast IMET with other investment vehicles available to the Village. Trustee Seiden moved to table this agenda item until the next meeting. Trustee Ragona seconded the motion. The motion passed unanimously. nTRrTTSSThN SECURITY ISSUES Trustee Kayne asked Chief Sliozis for an update on any security related issues. Chief Sliozis reported that the Police Department has received a number of calls from people who have received a suspicious item in the mail, heard the sonic booms over the weekend, or seen something out of the ordinary. People should not hesitate to call. Most of these things can be easily explained. If not, the department investigates. Mr. Franz added that attempts are being made locally, regionally, statewide.and federally to come up with the best methods for dealing with the types of problems now being faced. RAIN EVENT Barbara Little reported on the significant storm which took place on Saturday, October 13th. 3.85" of rain fell in a twelve hour period. In the past week, 4.85" of rain has fallen. The soil is saturated, which caused some flooding. The situation was aggravated by the fact that many stormwater inlets were covered with leaves. The Bannockburn Reservoir, Reservoir 29A at Lake Cook and Pfingsten, and the reservoir by Northbrook Court were all substantially filled. Twelve locations in the Village had ponding in the street, but there were no accidents as a result of flooding. The department received 67 calls regarding sewer backups. Mr. Franz added that any household items ruined by the flooding may be placed at the curb for pick up by Onyx. There will be no extra charge for this service. LEAF PICK UP. schedule can be found in the most r equipment for picking up leaves has should not be placed in the street. frontage, l' to 5' from the curb. Barbara Little reminded residents that the leaf pick up program begins next week. The ecent D- Tales. Mrs. Little commented that the changed. With the new equipment, leaves They should be put along the property FARMERS' MARKET Mr. Franz acknowledged Joan and Brian Reid, Tom and Pat Jester and Julie Sherman for their efforts in making this year another successful one for the Farmers Market. MEETING DATE Mr. Franz noted that since there are five Mondays in October, the next Board meeting will be in three weeks, on November 5th. EXECUTIVE SESSI_O_N_ Mayor Harris asked for a motion to go into Executive Session to discuss litigation. Trustee Kayne so moved. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) 5 ADJOURNMENT There being no further business to discuss, Trustee Kayne made a motion to adjourn the meeting. Trustee Rosenthal seconded the motion� e motion passed unanimously. The meeting was adjourned at 8:40 P.M. ATTEST: 1 1 Village Clerk C