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11/04/2002i November 4, 2002 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, November 4, 2002, 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 Members of the local branch of the American Legion led those in attendance in reciting the Pledge of Allegiance. They then reminded viewers that on November 11th, Veterans' Day, there will be a memorial service at 11:00 A.M. at the Veterans' Memorial at Jewett Park. They also reminded viewers that tomorrow is Election Day and they should be sure to vote. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the minutes of the previous meeting. Trustee Seiden seconded the motion. Trustee Wylie noted that on Page 2, Mayor Harris was referred to as "Trustee" Harris. A motion to approve the minutes as amended passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) PUBLIC COMMENT There was no public comment on non - agenda items. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR SIDEYARD VARIATION, hearing on September 17, 2002, to consider the MR. AND MRS. HOWARD REGENBAUM, 1422 request of Mr. and Mrs. Howard Regenbaum, 1422 HACKBERRY Hackberry, for a variation to allow the construction of an additional garage stall onto the existing one car structure. The proposed addition would encroach to within approximately 7' of the west side property line in lieu of the minimum 8' as specified by the Zoning Ordinance. On a motion to.recommend approval of the requested variation, the motion passed 4 -2. ´┐Żl O Board of Trustees Meeting November 4, 2002 Page 2 of 4 Trustee Rosenthal expressed concern about setting a precedent and Trustee Ragona shared his concern that the definition for "hardship" has become looser over time. Linda Specks of 1430 Hackberry, which is directly to the west of Mr. Regenbaum's property, distributed photos of her home and explained that, even without being enlarged, the Regenbaum's garage and driveway are close to her living room window. She does not think the variance should be granted. After further discussion Trustee Swanson made a motion to accept the Report and Recommendation of the BZA and grant the Regenbaum's request for a variation. Trustee Rosenthal seconded the motion. The vote was as follows: AYES: Seiden (1) NAYS: Kayne, Ragona, Rosenthal, Swanson, Wylie (5) The motion having failed, the petitioner's request for a variation is denied. CONSENT AGENDA ORDINANCE 0 -02 -43 AMENDING ZONING An ordinance amending the Zoning Ordinance to ORDINANCE TO MAKE FOOD STORES, make food stores, grocery stores, supermarkets GROCERY STORES, SUPERMARKETS, AND and retail stores with more than 10,000 sq. RETAIL STORES WITH MORE THAN 10,000 feet of gross floor area special uses in the SQ. FT. OF GROSS FLOOR AREA SPECIAL C -1 Village Center and C -2 Outlying Commercial USES IN THE C -1 VILLAGE CENTER AND Districts. Second Reading. C -2 OUTLYING COMMERICAL DISTRICTS Trustee Ragona moved for acceptance of the Consent Agenda and 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 RESOLUTION R -02 -16 AUTHORIZING This agenda item was held over from the AGREEMENT WITH COM ED RE TREE Board meeting of 9/17/02, at which time TRIMMING; HELD OVER FROM 9/17/02 Trustees asked that it be announced in the next D -Tales that tree trimming by Commonwealth Edison would be discussed at this Board meeting. Mr. Franz reported Mr. Regenbaum was in attendance, as was BZA Chairperson Bob Speckmann. Mr. Speckmann reported that the petitioner submitted a plan to the BZA several months ago requesting a much larger variation, but he withdrew the request when told that the requested variation was excessive and was unlikely to be granted. He subsequently submitted the current request for a variation of about 1'. The BZA felt the second request was more in keeping with the size of the house and that the siting of the house nearer to the west property line than the east property line provided justification for granting the variation. Trustee Rosenthal expressed concern about setting a precedent and Trustee Ragona shared his concern that the definition for "hardship" has become looser over time. Linda Specks of 1430 Hackberry, which is directly to the west of Mr. Regenbaum's property, distributed photos of her home and explained that, even without being enlarged, the Regenbaum's garage and driveway are close to her living room window. She does not think the variance should be granted. After further discussion Trustee Swanson made a motion to accept the Report and Recommendation of the BZA and grant the Regenbaum's request for a variation. Trustee Rosenthal seconded the motion. The vote was as follows: AYES: Seiden (1) NAYS: Kayne, Ragona, Rosenthal, Swanson, Wylie (5) The motion having failed, the petitioner's request for a variation is denied. CONSENT AGENDA ORDINANCE 0 -02 -43 AMENDING ZONING An ordinance amending the Zoning Ordinance to ORDINANCE TO MAKE FOOD STORES, make food stores, grocery stores, supermarkets GROCERY STORES, SUPERMARKETS, AND and retail stores with more than 10,000 sq. RETAIL STORES WITH MORE THAN 10,000 feet of gross floor area special uses in the SQ. FT. OF GROSS FLOOR AREA SPECIAL C -1 Village Center and C -2 Outlying Commercial USES IN THE C -1 VILLAGE CENTER AND Districts. Second Reading. C -2 OUTLYING COMMERICAL DISTRICTS Trustee Ragona moved for acceptance of the Consent Agenda and 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 RESOLUTION R -02 -16 AUTHORIZING This agenda item was held over from the AGREEMENT WITH COM ED RE TREE Board meeting of 9/17/02, at which time TRIMMING; HELD OVER FROM 9/17/02 Trustees asked that it be announced in the next D -Tales that tree trimming by Commonwealth Edison would be discussed at this Board meeting. Mr. Franz reported Board of Trustees Meeting November 4, 2002 Page 3 of 4 that he is aware of no public response to the D -Tales announcement. Staff is recommending that the resolution be passed. It would authorize Mayor Harris to sign the agreement with Com Ed, setting standards, guidelines, and rules of procedure for the tree trimming. Trustee Rosenthal moved for adoption of a resolution authorizing Mayor Harris to sign the tree trimming agreement with Commonwealth Edison. Trustee Swanson seconded the motion. Trustee Wylie commented that this agreement is not a very good deal for homeowners. They could lose a large tree and get only a starter tree in return, and it might not be planted in the location desired by the homeowner. Mr. Coblentz responded that Com Ed has an easement for its power lines which gives them the right to trim'or remove trees in their easement. This agreement does not take away Com Ed's rights, but does make the situation more equitable for the homeowner. After further discussion the motion passed unanimously. NEW BUSINESS ANALYSIS AND AWARD OF BID FOR Five bids were received for a trailer mounted TRAILER MOUNTED SEWER CLEANER sewer cleaner. This piece of equipment would be a new addition to the Sewer Department. It would be used to clean sewers located in easements behind houses and in areas difficult to access with the Aquatech Waterjet. It would also be used by Waste- water Treatment Plant personnel to clean small diameter lines in the treatment plant, as well as to wash down the excess flow facilities. Mrs. Little reported that only one of the five bids received met all specifications. That bid was submitted by Sewer Equipment Company of America in the amount of $35,000. She recommends awarding the bid to Sewer Equipment Company in an amount not to exceed $35,000. Trustee Ragona so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION TO AWARD CONTRACT The Streetscape Design Task Force, headed by FOR HOLIDAY DECORATIONS Trustee Rosenthal, has reviewed numerous proposals for installing holiday decorations in downtown Deerfield this year. As this expenditure was not discussed at budget time, and therefore no dollars were set aside, efforts were made to keep the cost as low as possible. The Task Force recommends that trees be lit professionally this year rather than by public works personnel. They also recommend that the Streetscape light poles be highlighted. At Village Hall they recommend bows, boughs, and white lights, with a few shrubs to be wrapped in lights. Trustee Rosenthal noted that some of the items will be useable for more than one year. It is the recommendation of the Task force that a contract be awarded to Sciaretta Enterprises to provide the materials and services for this year's holiday decorations in an amount not to exceed $24,478. Board of Trustees Meeting November 4, 2002 Page 4 of 4 In addition, Mrs. Little recommends acceptance of the low quote from Home Towne Electric to furnish and install eight tree outlets and circuits needed to illuminate the Village Hall decorative trees in an amount not to exceed $6,375. Trustee Ragona noted that a report from staff indicated that in past years the Village has spent approximately $12,000 in materials and public works man hours on the holiday decorations. He added that, depending on the weather and other factors, it can be difficult to find the time for public works personnel to do the work. Board members spent several minutes discussing the proposal. Some trustees were not in favor of it, citing a high cost that was not budgeted. Some commented that businesses in the Village should be contributing. Others indicated that, although the ideas presented are pleasing, the decorations used in the past are adequate and should be continued. After further discussion, Trustee Rosenthal made a motion to award a contract for holiday decorations to Sciaretta Enterprises in an amount not to exceed $24,478. Trustee Swanson seconded the motion. The vote was as follows: AYES: Ragona, Rosenthal, Swanson (3) NAYS: Kayne, Seiden, Wylie (3) deciding vote, which was public works does a fine be considered next year. SCARECROW CONTEST successful undertaking. The vote being tied, Mayor Harris cast the "NAY ". He cited fiscal issues and his opinion that job, adding that a budget amendment for decorations can DTSMRSTnN Mayor Harris thanked the sponsors of the first annual Scarecrow Contest for a very VOLUNTEER CAMPAIGN Mayor Harris announced that the kick off event of the village wide volunteer campaign, headed by the Human Relations Commissions will be called "Snow Be Gone ". It will be held on November 19`h at 7:30 P.M. at Village Hall. ADJOURNMENT There being no ur her business to discuss, Trustee R ad a motion to adjourn the meeting. Trustee Wylie seconded the mot' The t'on passed unanimously. The meeting was adjourned at 8:30 P.M. PP ATTEST: Village Clerk LD Mayor r^+ i 1 1