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06/19/1978255 June 19, 1978 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, June 19, 1978 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 ° Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman 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 Gavin moved, seconded by Trustee Swanson, that the minutes of the regular meeting held June 5, 1978 be approved as corrected. (Page 253, line 26.- strike "the fees for Lots 7 and 8 should be removed - they should not be less than the bus fare." ; 00 add "that Lots 7 and 8 are available to all on a first come -first served basis. ") co Motion carried unanimously. Approve Warrant No. W -78 -6 Trustee Heisler moved, seconded by Trustee Swanson, Q that Warrant No. W -78 -6 - payment of bills, including �[ fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Approve Consent Agenda The Consent Agenda, with one item deleted and two items added, was presented for consideration as follows: CONSENT AGENDA Authorization for President to sign Addendum to DOT Highway Maintenance Agreement. Appointments: Board of Zoning Appeals - David Tomchin Safety Council - Garold Christenson Authorization for President to sign Highway Safety Project Agreement - Fire Department. Ordinance amending Section 22 -165 of the Municipal Code: Parking prohibited between 10:00 A.M. and 12 Noon on both sides of Forest Avenue between Fair Oaks Avenue and Hazel Avenue. (0- 78 -27) Ordinance amending Section 22 -165 of the Municipal Code: Parking prohibited at any time on the west side of Chestnut Street between Greenwood Avenue and North Avenue. (0- 78 -28) Ordinance amending Section 22 -129 of the Municipal Code, Definitions, deleting (a)(6) and adding amended (a)(6), (a)(7)and (a)(8), Parking lot locations, and adding amended Section 22 -129A, Parking fees, for Lots 3, 5, 6, 7 or 8, subsections (a), (b) and (c). (0- 78 -29) Trustee Seidman moved, seconded by Trustee Blumenthal, that the Consent Agenda be approved, including passage of the three ordinances. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinances indicating his approval thereof. Ordinance Amending Spec. Use The ordinance was presented authorizing an amendment P.D. - Office Complex ( Strub) to Ordinance No. 74 -49 granting a Special Use for (0- 78 -30) a Planned Development - Office Complex to permit the development of Parcel 3, in accordance with a Plan of Development dated April 10, 1978, marked Exhibit "B ", and approval of the second story covered access ramp deemed to be an appurtenance to the office structure as depicted as Building 2 on exhibit "B ", as requested by James O'Halloran, S. Guy Fishman, Edwin McGuire and Joseph Ceisel (owners of the former Strub property). Trustee Marty moved, seconded by Trustee Gavin, that the rules be waived to permit 256 action on the ordinance at its first presentation. Motion carried unanimously. Trustee Marty then moved, seconded by Trustee Gavin, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. S.C. Report On- Street Parking A report from the Safety Council recommended Referred to DCD &RC that the ban on on- street parking in the Central Business District be continued, and further recommended that on- street parking on a trial basis not be permitted. The Council suggested that the Chamber of Commerce be directed to show some movement to increase off - street parking. Mr. Robert York, Secretary of the Chamber of Commerce, said the Village Board should do what the people want, as evidenced by the number of residents of Deerfield and environs who had signed petitions asking for on- street parking. The speed check leaves much to be desired, he said, no time or date being given. . after further discussion Trustee Marty moved, seconded by Trustee Gavin, that that overall parking problem, both off - street and on- street, be referred to the Deer- field Center Development and Redevelopment Commission when they meet. Motion carried unanimously. P.C. Recommendation - Mallin Property -Deny Rezoning to C -2 Deny Planned Unit Development cial Distict, and denial Unit Development for Lot The subject property is A report from the Plan Commission recommended denial of the petition of Joseph Giddan and Sons, represented by Mr. Jack Siegel, attorney, to rezone Lot 3, Mallin Subdivision, from its present classification as R -2 Single Family Residence District to the C -2 Outlying Commer- of the petitioner for a special use for a Commercial Planned 1, Ace Hosts Subdivision, and Lot 3, Mallin Subdivision. at the northeast intersection of Lake -Cook and Waukegan Roads. Mr. Jack Siegel, attorney for the Mallin estate and the contract purchaser of the property reviewed the findings of the Plan Commission. He said the proposed development was the highest and best use of the property, the remaining three corners of the intersection being zoned for commercial uses, and the development would be a source of revenue to the Village and other Lake County taxing bodies. He stated no liquor license would be requested for the proposed restaurant. He asked the Board to approve the rezoning and special use and said the developer was prepared to make any changes in plans that the Board desired. Discussion was had on the proposal in support of the Plan Commission's recommendation for denial. Mrs, Laura Lee Christoph, Evergreen Place, presented a petition signed by six abutting property owners, and petitions signed by 259 residents of Briarwoods Vista and 104 residents of Deerfield. She demonstrated a plan of devel- opment for 16 to 18 single family homes, with Greenbriar extended westerly and ending in a cul -de -sac with no access to Waukegan Road. Numerous residents spoke in opposition to the rezoning, citing increased traffic, vacancies in stores already built, and the nuisance of trucks making deliveries to shops if the tract is rezoned. Also mentioned was the inevitability of requests for additional rezonings along the east side of Waukegan Road if this petition for rezoning is granted. Mrs. Mildred Fritz, a beneficiary of the estate, said the property had been offered for sale but the prices quoted were ridiculously low. A covenant for single family homes had been granted by her father, John Mallin, which expired in 1975. The family has owned the property for forty years and now must be liquidated. Trustee Heisler moved, seconded by Trustee Marty, that the recommendation of the Plan Commission be accepted and the petition for rezoning to C -2 classification for the northerly five acres be denied and the accompanying petition for a special use as a Commercial Planned Unit Development also be denied. Motion carried unanimously. The meeting was recessed at 9:30 p.m. and reconvened at 9:45 p.m., all members present. 257 Request Revision Re. The Chief of Police requested _a change in the Hitchhiking ordinance on hitchhiking and suggested a revision Authorize Ordinance to read as follows: "No person shall stand in a roadway, parkway or sidewalk for the purpose of soliciting a ride or soliciting business from the driver of any vehicle." Trustee Marty moved, seconded by Trustee Seidman, that the attorney prepare an ordinance to conform the the Chief's suggestion. Motion carried unanimously. Report -Elm St. Improvements A report from the Village engineer stated the Accept Grant - Authorize Originating Department of Transportation considers the Elm Street Resolution improvement project eligible for a 70 per cent grant under the Federal Safer Off- System Roads program. The Village is responsible for the remaining 30 per cent and the design engineering, which can come from any source of funds including Special Assessment. The grant funds are available on a first come basis so it is imperative to obligate the funding as soon as possible. The recommended that the Village pay for the design engineering /soil borings as Public Benefit. If the Board approves this funding, the cost to residents would be $14 to $16 per front foot. CD Residents of Elm Street expressed interest in this proposal but would like further information. Trustee Seidman moved, seconded by Trustee Blumenthal, thata letter be sent to the Department of Transportation to obligate the grant, and the attorney be directed to prepare the Orginating Resolution to initiate the Special Assessment. Motion carried unanimously. Letters giving information on the improvement will be sent to residents of Elm Street, and it was suggested that cards indicating "Yes" or "No" be included. S.C. Report -Pool Crossing A report from the Safety Council recommended that Guard - Wilmot - Deerfield the crossing guard at the Wilmot- Deerfield inter- section keep an hourly count of the children who use the intersection, and give this information to the Police Department daily. The count should be taken daily for a minimum of two weeks following the opening of the pool. Direct Preparation Statement of Policy- Garage Sale & Instructional Signs administration by clarifying Trustee Seidman moved, Statement of Policy regarding Motion carried unanimously. A letter from Mr. Stucko stated there was an apparent conflict in the new Zoning Ordinance regarding Garage Sale signs, Directional signs and Signs, In- structional, and he felt the Board could assist the the application of the ordinance by a policy determination. seconded by Trustee Swanson, that the attorney prepare a signs for review by the Board. Discussion - Abberton Resub. Discussion was had on the Abberton Resubdivision on Broadmoor Place and the failure of the developer to restore proper drainage and repair streets and sidewalks which he is required to do. Residents stated homes would be flooded if the drainage is not corrected and the street is hazardous due to lack of repairs. The Village engineer stated the developer has been notified in writing about work which is to be completed but work has not been done. $3,100 remains in the escrow account which is not enough to complete the drainage and repairs, but $10,000 was released by the bank without authorization by the Village. Mr. Stucko suggested the bank be first asked by what authority were funds released from the escrow account, and an effort be made to get as much done as possible. A resident stated he planned to file suit for damages in the amount of $20,000. Trustee Blumenthal stated the Board should take a look at escrow funds - a question of payments released and is 10 per cent retention of funds sufficient. Trustee Seidman stated 20 to 30 trucks cross the sidewalk during construction of the addition to Whitehall Nursing Home, and the sidewalk should be repaired. Accept Bid Northwest Ford Trustee Marty moved, seconded by Trustee Seidman, Truck Sales $5293 that the low total bid of $5,293 submitted by North- west Ford Truck Sales, Inc. be accepted for a 1979 conventional truck chassis and cab, 4 wheel drive with an 8 foot all steel pickup body to be delivered on or before September 30, 1978, as recommended by the Public Works 258 Department. Adopted by the following vote: Ayes: Blumenthal,.Gavin. Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Approve Lower Tax Multiplier The Village treasurer reported a hearing has Hearing Bd. of Review been scheduled by the Board of Review on the reduction of the tax multiplier for West Deer- field Township on the basis that property in the Township is assessed at a higher amount than in other Townships. The multiplier would be reduced to .8482. After discussion of the matter, Trustee Seidman moved, seconded by Trustee Blumenthal, that the lower multiplier be approved and the treasurer go to the hearing before the Board of Review in Waukegan to testify in favor of the lower multiplier. Motion carried unanimously. Accept H.P. Proposal Sewage Treatment for 4 Houses Highland Park wants to do this work by Deerfield is also on a septic system. treat the sewage from these four homes The Village engineer reported that Highland Park has requested sewage treatment for four houses in Highland Park that are on septic tanks. special assessments. The Wagner residence in It would be more economical to have the Village plus the Wagner residence. Mr. Stucko stated that if Highland Park plans to do the work by special assess- ment, the Wagner property could not be assessed. He suggested that an agreement with Highland Park be contingent on Mr. Wagner's approval. Trustee Seidman moved, seconded by Trustee Heisler, that Highland Park's request be accepted contingent upon Mr. Wagner's approval, the Village to accept no more than four homes. Motion carried unanimously. Reports The Board approved the agreement regarding maternity leave. Trustee Blumenthal that a copy of the Glenview ordinance be obtained which includes a site plan as a part of the approval for building permits. Mr. Stucko said a n Architectural Review Committee could be authorized, but their work would be in an advisory capacity. Trustee Marty said she had enjoyed reading the final report of the Human Re- lations Commission. Trustee Seidman suggested that the Commission be commended. Resolution - President Local Agent for Disaster Assistance applying for Federal Disaster Relief. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marty, that a Resolution be adopted desig- nating the President as the local agent for There being no further business, on motion by Trustee Seidman and seconded by Trotee Heisler, the meeting was adjourned at 11:20 p.m. APPROVED: President ATTEST: Village Clerk C