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10/04/1976f� 67 October 4, 1976 The regular meeting of the President and Board of Trustees of the Village of Deerfield was called to order by the President in the Council Chambers of the Village Hall on Monday,'October 4, 1976 at 8:05 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President D. Jeffrey Blumenthal Norma Gavin Cynthia J. Marty Edwin B. Seidman Daniel H. Stiehr Vernon E. Swanson Absent: None and that a quorum was present and in attendance at the meeting. Also present were Messrs. James Stucko, representing the Village attorney, and Norris Stilphen, manager. Trustee Seidman moved, seconded by Trustee Blumenthal, that the minutes of the regular meeting held September 20, 1976 be approved as corrected, and the minutes of the Special meeting held September 27, 1976 be approved as submitted. (Page 61 - Line 41 -Add "by the President ", Line 42- Delete "but ", capitalize "He "). Motion carried unanimously. Proclamation -Lions Club The President read the Proclamation designating Candy Sale Day- 10/8/76 Friday, October 8, 1976 as Lions Club Candy Sale Day in Deerfield. Trustee Swanson moved, seconded by Trustee Marty, that the Proclamation be approved. Motion carried unanimously. Ordinance Authorizing - ._. The-Ordinance was_presented:�au.thorizing-a Special Special Use Day Nursery Use for the premises at 963 Forest Avenue for 963 Forest Ave. ( Meintzer) a day nursery to Mrs. Willard Meintzer, applicant, (0- 76 -51) with a time limitation of six years. Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance at its first pr'esentation. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Swanson, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Appointments The President proposed the appointment of the following to the several Boards and Commissions: Plan Commission: John Baer to term expiring in May, 1978 Bicycle Path Committee: David E. Scholl (indefinite terms) Edna M. Shade Carol F. Bernstein Manpower Commission: Russell H. Ferris to term expiring May, 1979 Youth Council: George P. Simon to term expiring May, 1977 Safety Council: Stephen M. Rosen to term expiring May, 1977 Trustee Marty moved, seconded by Trustee Blumenthal, that the appointments be approved. Motion carried unanimously. BZA Report Re: Variation A report was received from the Board of Zoning 1351 Berkley Ct. Appeals regarding the petition of Mr. Philip Worley for a variation for the completion of a a construction of a room addition at 1351 Berkley Court with a front yard setback of 25 feet in lieu of the required setback of 40 feet. Four votes are required for a recommendation, and the vote was Ayes: 3; Nays: 2. Mr. Worley stated $4280 has been paid to the contractor, the porch has been removed and the excavation completed. Mr. Richard Ross, attorney for Mr. Worley, said the siding was a special order and windows are not inventoried, and therefore orders can not be cancelled. He stated variations were requested after the fact - he building permit was issued and construction started. The variation could not be requested on the basis of hardship, but there are practical difficulties since construction has been started, No precedent would be set. Discussion was had on the matter. Board of Zoning Appeals members explained their votes. Mrs. Naomi Clampitt maintained the position that a variation should be a last resort rather than a first; a contingency fund should be established to enable the Board of Trustees to take the first step, and if the petitioner would not.accept,a variation could be requested to confine the matter on a local level. Mr. Samuel Purvis stated the Board of Zoning Appeals has functions - to gather information and submit recommendations. In this case, here is no hard- ship and he disagrees with "practical difficulties ", and he felt neither of the tests were appropriate. He felt the Board of Trustees should make the decision, not the Board of Zoning Appeals. Mr. Robert Fox, who voted to recommend the varia- tion, stated he felt that when a citizen obtains a building permit he relies on the permit as he has the right to do unless fraud is shown, and there is no showing of fraud. The petitioner made commitments on the basis of the permit,:there was unanimous support of petitioner by neighbors, and he recommended that relief be granted. Mr. Worley presented pictures of the area and a petition of residents on the street requesting the Board to:. grant the variation. Trustee Stiehr moved, seconded by Trustee Swanson, that the variation be granted for completion of the addition with a front yard setback of 25 feet and the attorney prepare the necessary ordinance. Adopted by the following vote: Ayes: Gavin, Marty, Stiehr, Swanson (4) Nays: Blumenthal, Seidman (2) Ordinance Granting Variation The ordinance was presented granting a 1351 Berkley (Worley) variation from the provisions of the (0- 76 -52) Zoning Ordinance with respect to the property at 1351 Berkley Court, thereby permitting a front yard of 25 feet in lieu of the required 40 feet. Trustee Marty moved, seconded by Trustee Swanson, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Marty than moved, seconded by Trustee Stiehr, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Report: Dangerous Buildings Mr. Stucko reported that the dangerous at Brickyard Property structures on the brickyard property have been about 90 per cent demolished. The property will be policed by the Director of Building and Zoning for removal of all debris. Authorize Ordinance $5000 Bond A memorandum from the Director of Building Required Sidewalk & Street Work and Zoning and a letter from Mr. Stucko agreed that the $50,000 bond requirement in Chapter 19 of the Municipal Code is excessive for work on sidewalks-and streets, and should be changed to the $5,000 bond required elsewhere in the Code. Liability insurance coverage plus a $5,000 bond should be adequate to serve the Village's needs. Trustee Marty moved, seconded by Trustee Gavin, that the attorney prepare an ordinance to change the $50,000 bond requirement to $5,000 as set forth at present in Chapter 19. Motion carried unanimously. Ordinance -Mun. Code Amend. Sec. 3 -9 Add Class C Liquor License (0- 76 -53) 69 Trustee Marty moved, seconded by Trustee Swanson, that the ordinance be passed amending Section 3 -9 of the Municipal Code by creating an additional Class C.liquor license. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Swanson (4) Nays: Stiehr (1) Abstaining: Seidman (1) The President stated he w Reconsider & Deny Approval 72 Lot Chesterfield Resub. (Marshall Property) Subdivision (Marshall property). previous action be reconsidered. ould withhold his signature. Trustee Swanson stated that Mr. Fred Hillman had not been present at the last meeting when the Board voted to deny approval of the preliminary plat of Chesterfield's Resubdivision of Solomon's He then moved, seconded by Trustee Gavin, that the Trustee Seidman said "No ". Mr. Hillman stated the 72 lot resubdivision had been approved at two previous meetings of the Board, and at a third meeting on September 20, the resubdivision had been rejected apparently on the basis of esthetics. He would argue there was a CO visual difference between total sideyards of 15 feet in the 72 lot plan, and 18 feet in Plan 12. The 72 lot resubdivision, Plan 11, was a matter of economic necessity. New stubs where required, plus installation of storm water retention facilities will add to the cost of each lot, in addition to installation of streets, sidewalks and tree planting. Under Plan 12, he could not ask potential buyers to pay $8000 to $10000 additional. The resubdivision will be pre - planned to control exterior design. He pointed out that the Plan Commission had approved Plan 11 and the Board had asked for re- designs - one with Somerset and one without. He had indicated he could accept the 69 lot resubdivision (Plan 13) but since that time he felt Somerset should go in for a visual break. A resident of Wayne Avenue stated he saw no justification for the change. The 72 homes were not desirable for the neighborhood - too large a house and too great density. Both the Plan Commission preferred Plan 12 and a number of citizens have written to the Board opposing the 72 lot resubdivision. He hoped that Mr. Hillman would accept the 65 lot plan. Mr. Hillman stated the minutes of the Plan Commission were erroneous and were corrected by Chairman Whaley. Reconsideration of the proposed resubdivision failed by the following vote: Ayes: Blumenthal, Gavin, Marty (3) Nays: Seidman, Stiehr, Swanson, Forrest (4) The meeting was recessed at 9:30 p.m., and re- convened at 9:45 p.m., all members present. During the recess a film on the Sara Lee Bicentennial birthday cake were shown to the Board and audience. Authorize Plans & Specs. Waukegan -North Ave. Deceleration Lane consider the High School as a school tenance. would be at the Village's ex Tax funds. Discussion was had on the construction of a deceleration lane on Waukegan Road for right turns of northbound traffic to North Avenue. The Village engineer said the State does not zone, and therefore the installation and main - ense, using either general funds or Motor Fuel Trustee Seidman moved, seconded by Trustee Blumenthal, that funds be expended for the deceleration lane using Motor Fuel Tax funds. Motion carried unanimously. Discussion was had on Motor Fuel Tax funds already obligated. A resident of North Avenue stated the deceleration land was needed and all living in the area were in favor of the installation. The Village engineer stated he would prepare plans and specific'ations`for the deceleration lane. Members stated it should be done before winter if possible: Accept Bid Burris Equip. Bids for the purchase of an industrial wheel $15123- Tractor & Loader tractor with loader were received but the apparent low bidder included a number of exception which will result in higher maintenance costs. The engineer therefore ..7o recommended that the bid of Burris Equipment Co. be accepted in the amount of $15,123.00, subject to Federal participation as part of the Sewage Treatment Plant improvements. Trustee Seidman moved, seconded by Trustee Blumenthal, that the bid of $15,123.00 submitted by Burris Equipment Co. be accepted. Adopted by the following vote: Ayes: Blumenthal, Gavin. Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) Authorize B & W Request Trustee Marty moved, seconded by Trustee Grant - Tractor Loader Gavin, that the President execute the letter authorizing Baxter and Woodman to transmit a letter to the State Environmental Protection Agency requesting the Federal Government to participate in the purchase of one industrial wheel tractor with loader, as part of the Sewage Treatment Plant improvements. Motion carried unanimously. Reports The clerk asked what should be done about the ordinance amending the Command Structure of the Police Department to provide for six sergeants, first presented at the September 7th Board meeting. The President said action would be taken later. The clerk said the Village Hall driveway at its connection with Petersen Lane and the driveway to the library was very hazardous. Several near accidents have been observed due to visual obstruction cauged by cars parked in the Pres- byterian and Village parking lots. A report on this intersection will be made at the next meeting. The manager reported that the Lake -Cook Road water main has been chlorinated and tested and should be approved tomorrow. The final costs for the work are not yet known. Trustee Seidman stated that Scully, Hunter and Scully should be thanked for completing the job so quickly. President Forrest stated he had received a letter from the owners of three properties on Lake -Cook Road requested that the sidewalks removed in the widening of the road not be replaced. The manager recommended that the request not be granted; if a bicycle path is built on Lake -Cook Road the walks would be needed. Notify Cook Co. Replace Sidewalks Lake -Cook Rd. sidewalks on Lake -Cook Road. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Blumenthal, that the Cook County Highway Department be notified to replace all Trustee Marty said the Forestway cul -de -sac would be landscaped, but some- thing should be done before winter since many cars go over the cul -de -sac as it is at present. The manager suggested a mercury street light. Trustee Stiehr stated a police officer had sometimes handled traffic at the Waukegan /Lake -Cook intersection at times when traffic was very heavy. At times traffic has been backed up for blocks due to the construction. Trustee Swanson said it helped to have a police officer there, and the President agreed that a police officer should be there. A resident stated many cars turn off at Firestone in order to avoid the congestion and a traffic officer would be helpful. The Village engineer stated the County would finish the work as soon as possible, and should be completed November 19, 1976. There being no further business, on motion by Trustee Seidman and seconded by Trustee Stiehr, the meeting was adjourned at 10:30 p.m. APPROVED: President ATTEST: Village Clerk 1 TO: D. JEFFREY BLUMENTHAL ) NORMA GAVIN ) CYNTHIA J. MARTY ) BOARD OF TRUSTEES EDWIN B. SEIDMAN ) DANIEL H. STIEHR ) VERNON E. SWANSON ) You are hereby notified that a Special Meeting of the President and Board of Trustees of the Village of Deerfield will be held on Wednesday, October 13, 1976 at 8:00 p.m. in the Deerfield Village Hall to consider the issuance of re- funding bonds for the retirement of all current outstanding + debt for the purpose of reducing interest and principal pay - ments in later years for all bonds currently outstanding, and to transact such other business as may legally be transacted at said Special Meeting. By order of the President. Village Clerk DATED this 12th day of October, 1976. Copies to: DEERFIELD REVIEW DEERFIELD LIFE MAIL ADVERTISER CHICAGO TRIBUNE - DEERFIELD OFFICE WAUKEGAN NEW -SUN SCOOP r • ��