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05/19/2003.2. 1 B May 19, 2003 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mr. Franz in the Council Chamber of the Village Hall on Monday, May 19th, 2003, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Robert Benton Jerry Kayne William Seiden Vernon Swanson Matthew Wylie Absent: Steve Harris, Mayor Harriet Rosenthal and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. Trustee Seiden moved that, in the absence of the Mayor, Trustee Swanson serve as mayor pro tem. Trustee Benton seconded the motion. The motion passed unanimously. PLEDGE OF ALLEGIANCE Justin Malina, an_ eighth grader at Caruso Middle School, who just won the Chicagoland Suburban Spelling Bee finals and will represent this area in the National Spelling Bee later in the month-in Washington D. C., led those in attendance in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Trustee Wylie made a motion to approve the minutes of the previous meeting. Trustee Seiden seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden, Swanson, Wylie (5) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the April Treasurer's Report. Sales Tax received in April (for January sales) is a 5.3% increase over the same period last year, and the running 12 -month total sales tax is 3.7% over the prior year. Hotel /motel tax'for the fiscal year is almost identical to the amount received last fiscal year. As of April 30th, 100% of available cash was invested at an average interest rate of 3.12 %, compared to an average rate of 1.14% for the 90 -day Treasury Bill. REPORT ON DEPARTMENTAL OBJECTIVES, Bob Fialkowski presented the Report on FINANCE DEPARTMENT Departmental Objectives for the Finance Department. Accomplishments during the last six months included: 0 Board of Trustee Meeting May 19, 2003 Page 2 of 5 • Completion of the annual budget process (with a revised format), • Implementation of a new financing vehicle for health insurance, • Hiring of two new Finance Department, employees, • Beginning of implementation of HIPPA provisions, • Beginning of implementation of a new finance information system,. • Numerous upgrades and improvements in the technology area. PUBLIC COMMENT (1) Carl Berg, Doug Bruss and Paul Zavagno discussed.the Three Guys and a Truck fund raiser which will take place at the Deerfield High School track on May 31st. The food and other items collected will be donated to the West Deerfield Township food pantry and the Moraine Township food pantry. (2) A large number of residents were in attendance to voice their opposition to a concept raised by the Comprehensive Plan Task Force, and published in last week's Deerfield Review, to purchase certain homes in the Poets Corner and Elder Lane /Rosemary Terrace neighborhoods and use the land for other purposes, including the creation of thru streets. For about forty minutes, approximately fifteen of the residents voiced their concerns about the concept and expressed the desire to be involved in the process of determining the future of their neighborhoods. In response to their concerns, Trustee Wylie reported that no decisions have been reached by the task force and, at the next meeting of the task force, which will be held on Wednesday, May 213t, the agenda will be set aside and the entire meeting will be devoted to questions and comments from residents of the affected neighborhoods. If possible, the meeting will be televised for the benefit of those who cannot attend. REPORTS RECOMMENDATION OF BZA RE REQUEST The Board of Zoning Appeals held a public FOR SIDE YARD AND REAR YARD hearing on April 25th to consider the request VARIATIONS, DAVID EGBERS, 1232 of David Egbers of 1232 Elmwood for a ELMWOOD variation to allow construction of an addition which would connect an existing detached garage to his house. The variation, if granted, would permit the construction of an addition that would extend the north line of the existing house an additional 22' 3" parallel to and within 5' of the north property line in lieu of the minimum 8',. It would also create a rear yard of approximately 18' in lieu of the 25' specified by the Zoning Ordinance. On a motion to recommend approval of the requested variation, the vote was 3 -2 in favor of approval. In the absence of four concurring votes, the petition was denied. Mr. Coblentz reminded the Board that in order to overturn the BZA recommendation and approve the petitioner's request, there would have to be four votes to do so, and that the mayor pro tem would be permitted to vote. BZA Chairperson Bob Speckmann commented that the house was conforming when it was built. It became non - conforming due to a change in the zoning ordinance. The addition, if approved, will continue the non- conformity down the north side of the property line and create a new non- conformity along the rear of the property. Mr. Speckmann noted that the design falls within the parameters under discussion by the Residential Redevelopment Review Task Force. Board of Trustee Meeting May 19, 2003 Page 3 of 5 Although plans presented to the BZA show a second story on the addition, it was discussed that the petitioner may not build the second story at this time. Trustee Seiden made a motion to overturn the recommendation of the BZA and permit the variation for 1232 Elmwood. Trustee Wylie seconded the motion. Trustee Benton moved to amend the motion to include a covenant that a second floor built at a subsequent time will require the petitioner to come back to the BZA for approval. Mr. Egbers commented that he fully intends to include a second floor unless unexpected costs prohibit it. This being the case, Trustee Benton withdrew the amendment. After further discussion, the motion to overturn the recommendation of the BZA and permit the variation passed by the following vote: AYES: Benton, Kayne, Seiden, Swanson (4) NAYS: Wylie (1) REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE AMENDMENT TO SPECIAL May 8th. It is their recommendation that the USE FOR CLAVEY PARK TO PERMIT THE petitioner's request for an amendment to a RELOCATION OF THE GOODER BARN AND special use to permit the approval of a joint CONSTRUCTION OF A SHED ON THE storage shed in Clavey Park be approved. The PROPERTY motion passed 5 -0. It is also the recom- mendation of the Plan Commission that the petitioner's request for an amendment to a Special Use to permit the placement of the Gooder Barn in Clavey Park be approved. That motion also passed 5 -0. Rick Joe Kayne of the Save the Barn Committee, Mr. Julison showed a drawing of the site, the Gooder barn and the shed. Mr. Kayne to the Save the Barn project. Julison of the Deerfield Park District, and Brett Rappaport were in attendance. which included the proposed placement of thanked all those who contributed funds After discussion, Trustee Kayne made a motion to accept the report ' and . recommendation of the Plan Commission. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden, Swanson, Wylie (5) NAYS: None (0) As the barn is scheduled to be moved on May 31st, Trustee Benton moved for a temporary use to permit the Gooder Barn to be moved to the park district property at Caruso Middle School prior to adoption of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden, Swanson, Wylie (5) NAYS: None (0) 1 1 1 1 Board of Trustee Meeting May 19, 2003 Page 4 of 5 OLD BUSINESS �O ORDINANCE 0 -03 -27 ADOPTING NEW Mr. Franz reported that further changes have STORMWATER DRAINAGE REGULATIONS, been made to the proposed Site Grading and SECOND READING, (HELD OVER FROM Drainage Ordinance. The most significant 5/7/03) change is the elimination of the waiver provision for improvements of less than 200 square feet. Staff believes that all improvements requiring a permit should be required to submit a very basic drainage plan as part of the permit application, since it is not the-size of the project but its location that may adversely impact adjacent properties. An on -site inspection would then allow for a waiver of further engineering data, at the discretion of the Village Engineer. Trustees and staff spent several minutes discussing various aspects of the ordinance. Maryanne Denofrio of 330 Margate Terrace expressed her support of the ordinance. She added that homes in unimproved areas such as Northwoods also have an effect,on homes that are within the Village storm sewer' system, and it is important that homeowners in those areas be required to maintain whatever swales, ditches etc. they have in place to regulate storm water. She would like for this issue to be addressed in a future amendment to the ordinance. Paul Franke responded that the storm sewer at the end of his property on Ramsey Road is insufficient to handle heavy rain, and the creek into which the stormwater flows is sometimes unable to accept all the water. Speeding up the water flow from certain other areas, such as Margate Terrace, might be beneficial for Mrs. Denofrio's property but would worsen flooding for him. The stormwater drainage problem might be shifted, but not necessarily solved. After further discussion Trustee Benton made a motion to adopt the ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton; Kayne, Seiden, Swanson, Wylie (5) NAYS: None (0) NEW BUSINESS REQUEST FOR INCREASE IN CONTRACT During construction of the Hazel Avenue PRICE AND CHANGE IN•CONTRACT TIME, Reservoir modification, work directives were HAZEL AVENUE RESERVOIR authorized totaling $20,868.46. Change Order #1 incorporates those directives for the following work: adding redwood edging to the south and north edges of the south reservoir, modifying the fencing, adding waterproof flashing to the existing pumping station, and adjusting the surface of the south reservoir. $5,000 of the total amount was paid from the $5,000 Contingent Cash Allowance. The remaining $15,868.46 is the net increase to the contract and is the amount of Change Order • #1. This change order also extends the completion date to June 1, 2003. Mrs. Little recommends approval of Change Order #1. .rt N9 Board of Trustee Meeting May 19, 2003 Page 5 of 5 Trustee Benton made a motion to approve Change Order #1 in an amount not to exceed $15,868.46 and to approve an extension of the completion date to June 1, 2003. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden, Swanson, Wylie (5) NAYS: None (0) RESOLUTION R -03 -06 RE IMRF - IMRF has requested that the Village formalize RETIREMENT HEALTH SAVINGS PLAN its current practice of including as gross earnings, for the purpose of calculating a retiree's IMRF pension benefit, compensation that has been directed into a retirement health savings plan. Trustee Wylie moved for adoption of the resolution. Trustee Seiden seconded the motion. The motion passed by the following vote.: AYES: Benton, Kayne, Seiden, Swanson, Wylie (5) NAYS: None (0) TRUSTEE IN THE TOWN 24th from 1:00 -4:00 p.m in attendance. raliZ.TiIiC- Z0Iran] Trustee Seiden announced that the next Trustee In The Town will take place on Saturday, May at the library. Mayor Harris and Trustee Benton will be MEMORIAL DAY EVENTS Memorial Day ceremonies will take place Monday, May 26th at 10:00 a.m. at the Veterans Memorial at Jewett Park, followed by a parade to the Deerfield Cemetery. BREAKFAST WITH CONGRESSMAN KIRK Mr. Franz reported that the Chamber of Commerce and the Deerfield Rotary Club will sponsor a breakfast with Congressman Kirk on T sda May 29th at 7:30 a.m. at the Hyatt. The public is invited. ADJOURNMENT meeting. Trustee Kayne seconded the meeting was adjourned at 9:25 P.M. ATTEST: Village Clerk There no Tr tee ling Benton otion The/ 0 rt er busin In4nimously. ss to discuss, de a motion to adjourn the i passed The 0 -4 \-/ \ 1 1 1