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09/15/1980September 15, 1980 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 Chamber of the Village Hall on Monday, September 15, 1980 at 8:05 P.M. .'The Clerk called the roll and reported that the following were: Present: Bernard Forrest, President Norma Gavin Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York and that a quorum was present and in attendance at the meeting. Also present were Village Attorney James Stucko and Village Manager Robert D. Franz. Trustee Seidman moved, seconded by Trustee Heisler, that the minutes of Sep- tember 2,1980 be approved. Motion carried unanimously. Approve Warrant No. W -80 -9 Trustee Heisler moved, seconded by Trustee Gavin, that Warrant No. W -80 -9, payment of bills, including fund transfers and re- imbursements, be approved for payment. Adopted by the following vote: AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: . None (0) Treasurer's Report Treasurer George Valentine reported that sales tax receipts were closer to the projected ten percent -- -that receipts (excluding the month of May) were around nine per cent. Proclamation Kiwanis Peanut Day Mayor Forrest read the proclamation desig- nating September 26, 1980 as Kiwanis Peanut Day in Deerfield. Trustee Swanson moved, seconded by Trustee Marty, that the proclamation be approved. Motion carried unanimously. Little Miss Peanut, Kim Speckman, was introduced: She presented complimentary peanuts to Board members. Proclamation Mayor Forrest read the proclamation desig- Respect for Life Week nating the week of October 5 .through October 12, 1980 as Respect for Life Week in Deer- field. Trustee Swanson moved, seconded by Trustee Marty, that the proclamation be approved. Motion carried unanimously. Plaque Presentation Mayor Forrest stated that since August 10, Safety Award .1976 and continuing the Public Works person - Public Works Dept. nel had achieved a remarkable record of one- quarter million working hours with no time off due to injury on the job. The stress for safety which has resulted in protecting village personnel from injury, maiming or death, has also resulted in a saving to Deerfield taxpayers of approximately $30,000 per year on Workmen's Compensation Insurance. Early in September, Deerfield's insurance Carrier presented a plaque for "Exceptional Achievement in Accident Prevention, 250,000 employee hours without a lost workday case - August 10,-1.976 to August 10, 1980, record still continuing." to the Public Works Department, the first- award of its kind the company, Employers Insurance of Wausau, has ever presented. Mayor Forrest officially presented the plaque to Edmund Klasinski, Director of Public Works, for display in the Public Works office. Present Award Mayor Forrest announced a unique, first Trustee J. Robert York time achievement by a Village Trustee, a hole-in-one by Trustee York on the Park District golf course, and presented him with the mounted golf ball. Everyone present expressed hearty approval. of the presentation. 1 1 A 1 1 VCDC Report Manager Robert Franz read a report from the VCDC Special Use - Day -Care Center stating that the proposed day -care center would First Presbyterian Church not adversely effect the existing parking and traffic circulation arrangements at'the church. provided the church is able to control its parking area. Trustee Seidman moved, seconded by Trustee Gavin, to accept the VCDC report. The motion carried unanimously. Special Use Amendment Trustee Seidman moved, seconded by Trustee Day -care Center Heisler, that the rules be waived to permit First Presbyterian Church passage of the ordinance on first reading. Ordinance No. 0 -80 -37 The motion carried unanimously. Trustee Seidman moved, seconded by Trustee Heisler, that the ordinance be adopted. Trustee Marty moved, seconded by Trustee Seidman, that the ordinance be amended to permit only 24 children at the day -care center the first year. After a discussion (in which Mr. Larry Dondanville of the VCDC and Mr. Paul Martin of the Presbyterian Church participated) regarding what minimum class size was economically feasible, and the determination that there would be no "dropping -off" of children but rather mothers parking in the church parking lot, Trustee Marty rephrased her motion for amendment to permit 28 children at this time with the understanding that the church,at a later date,request of the-Village Board a review of the enrollment provisions. Motion passed by following vote: AYES: Gavin, Marty, Seidman, York (4) NAYS: Heisler, Swanson (2) Trustee Heisler stated that his dissenting vote reflected his view that no re- strictions should be imposed. The Ordinance, as amended, was adopted by the following vote: .AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Mr. ,Paul Martin and Ms. Patricia Megregian,'Director of the proposed day -care center, expressed appreciation for the courtesy and consideration shown them by the Village Board, Planning Department, and Village Commissions. Alley Vacation At the request of the petitioner, Mr. Francis Between Osterman /Central Carr, who was unable to be present, the matter was deferred to the next Board meeting. Plan Commission Recommendation Manager Franz read the recommendation of the Zellet Resubdivision Plan Commission that the request for resub- 814 Spruce Street division be approved. Trustee Swanson moved, seconded by Trustee Marty, to accept the recom- mendation of the Plan Commission and approval of the preliminary plat. *Motion carried unanimously. Plan Commission Recommendation Manager Robert Franz read a recommendation of Text Amend. - Zoning Ordin. the Plan Commission that the proposed amend - I-1 - Flodstrom - Health Club ment be added to the I -1 District article of the Zoning Ordinance to read as follows: "or operated for-the convenience of the tenants and the general public on a private membership basis." Trustee Swanson moved, seconded by Trustee Gavin, to accept the recommendation of the Plan Commission and that the ordinance be prepared to amend the present Zoning Ordinance. Trustee Seidman stated his disapproval of amending the Ordinance to permit what he viewed as a commercial use in an I -1 district thereby setting a prece- dent that might invite others to petition for other commercial uses in the district. Trustee York stated he favored providing services which other communities provide. He objected to restrictions being placed on types of foods to be offered. Plan Commission Chairman Arthur Rollin, Richard Gayle (representing the petitioner), and Mr. Sven Flodstrom were present. Considerable discussion ensued regarding types of food to be served, who would be served, intent of a health club snack bar, at what point of food service a snack bar becomes a type of restaurant, etc. Responding to questioning regarding setting a precedent for commercial uses in an I -1 district, Village Attorney Stucko stated that the Special Use is being treated as a specific item in the text within an I -1 structure and therefore would not invite others to petition for general commercial uses in the district. The motion to accept the recommendation of the Plan Commission and preparation of an ordinance to amend the present ordinance carried, Trustee Seidman voting Nay. Plan Commission Recommendation Trustee Marty moved, seconded by Trustee Special Use - 707 Lake Cook Road Heisler, that the Plan Commission recommenda- Flodstrom - Health Club tion be accepted and that the attorney be instructed to prepare the ordinance for the Special Use. Trustee York moved, seconded by Trustee Gavin, that the second paragraph on page 14 be deleted. After discussion with Plan Commission Chairman-Arthur Rollin, Trustee York withdrew his proposed amendment. Trustee York moved, seconded by Trustee Marty, that the second paragraph on page 3 shall read: "Further provided that the only food items to be sold other than through vending machines located in the canteen are salads, yogurt, juices and other health food items." Motion:carrted:._ Motion, as amended, carried - Trustee Seidman voting Nay. The Board directed Manager Franz to check Lake County Health Board's rules' regarding food preparation and sale. Staff Report Manager Franz broughtto the Board's attention Commuter Parking a resolution passed June 5, 1978 providing Chestnut St. North of Greenwood for commuter parking on Chestnut Street north of Greenwood, and the commitment to remove such provision upon completion of the Edens Highway improvement now appearing likely by November 1, 1980. Manager Franz stated that the Safety Council had not been able to address the parking operation but were taking it under consideration that evening. The Police and Fire Departments were both asked to examine the situation but rather than file reports contradicting the Safety Council's they requested Board comment on any questions or specific areas it wished checked. There is still time to gather information and Staff review though completion of Edens is approaching. Trustee Swanson stated he had been monitoring the situation and felt that maybe a few spaces for parallel parking immediately north of Greenwood where houses do not front on Chestnut St. might be retained.without breaking the commitment to neighbors. Mayor Forrest asked for a Staff check during the next month on how many cars are parked north of Greenwood and how many spaces that are not permit spaces are being unused everyday. Trustee Marty wished to see the figures from last winter's check as well as current figures (not summer figures when people are on vacation). Trustee Seidman stated he felt the original commitment to remove all parking upon completion of Edens highway should be honored. The Board will review the matter upon receipt 'of reports from the Safety Council and Staff. Signature Authorization Trustee Marty moved, seconded by Trustee Scavenger Contract Gavin, that the Mayor be authorized to sign Theta Systems, Inc. the scavenger contract with Theta Systems, Inc. of Hinsdale, Illinois. Motion passed by the following vote: AYES: Gavin, Heisler, Marty,'Seidman, Swanson, York (6) NAYS: None (0) Establish Scavenger Rates Effective October 1, 1980 Ordinance No. 0 -80 -38 Trustee Seidman moved, seconded establishing the rates of $3.35 per mo.for twice -a -week service the folloing vote: Trustee Seidman moved, seconded by Trustee Marty, to waive rules to permit passage of the ordinance on first reading. Motion passed unanimously. by Trustee Swanson, to adopt the ordinance per month for once -a -week service and $7.38 effective October 1, 1980. Motion carried by AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) r. I 7� Trustee York commended an excellent'jo,b on the Deerfield citizens. Treasurer George Valentine and Manager Robert Franz for scavenger contract and user rates thereby benefiting Manager Franz requested Board comment about a report in •D -Tales that it was considering the option of scavenger next Spring. The Board indicated its approval of such a the next issue of curb service for report. Mr. Daniel H. Brown of Schain, Burney and Kenny, attorney for the petitioner and,owner, Mr. Thomas Leontios, was present. The Board had received a welter of material which it found unsatisfactory and very confusing due in part to mis- labeled exhibits (typographical errors according to Mr. Brown) and incon- sistency in exhibits prepared for the Deerfield Village Board and exhibits Mr. Brown proposed submitting to the Cook County Zoning Board of Appeals. After considerable discussion, the Board decided it needed a clearer pre- sentation of facts before it.could make a decision. Trustee Swanson moved, seconded by Trustee Marty, that the proposed agreement, in corrected form, between the Village and petitioner be reviewed by the Plan Commission at their next meeting. Motion carried unanimously. Trustee Marty suggested that the Plan Commission get a recommendation from Staff which has mark -ups comparing Deerfield ordinances and Cook County ordinances and.speci- fic deletions proposed by the.petitioner. Request for Reconsideration Village Attorney Stucko explained that when Deerfield Objection to Deerfield on April 16, 1980, filed with Cook County Rezoning the Cook County Zoning Board of Appeals an 425 Waukegan Road objection to a petition for rezoning of 425 Northfield Township Waukegan Road, unincorporated Cook County, driveway at 704 Kipling Street. (The Chalet Restaurant) from C -3 to C -4 (which permitted motels, hotels, etc.), the attorney for the petitioner did Trustee Swanson moved, seconded by Trustee not elect to proceed with the hearing. Since that time the attorney has been Marty, that the Village attorney be instruc- conferring with Village Staff attempting to eliminate Deerfield's concerns, ted to prepare an ordinance amending Sec - hoping that Deerfield would withdraw its objections upon an amended, petition Senior Citizen Housing for rezoning eliminating uses not compatible with Deerfield zoning. Mr. Daniel H. Brown of Schain, Burney and Kenny, attorney for the petitioner and,owner, Mr. Thomas Leontios, was present. The Board had received a welter of material which it found unsatisfactory and very confusing due in part to mis- labeled exhibits (typographical errors according to Mr. Brown) and incon- sistency in exhibits prepared for the Deerfield Village Board and exhibits Mr. Brown proposed submitting to the Cook County Zoning Board of Appeals. After considerable discussion, the Board decided it needed a clearer pre- sentation of facts before it.could make a decision. Trustee Swanson moved, seconded by Trustee Marty, that the proposed agreement, in corrected form, between the Village and petitioner be reviewed by the Plan Commission at their next meeting. Motion carried unanimously. Trustee Marty suggested that the Plan Commission get a recommendation from Staff which has mark -ups comparing Deerfield ordinances and Cook County ordinances and.speci- fic deletions proposed by the.petitioner. Mayor Forrest stated that he had reviewed with the Village Manager the request of the Deerfield Commons Shopping Center Assn. to hang a banner across Deerfield and Waukegan Road to advertise their annual "Sidewalk Days ". 'He stated that while Deerfield's sign ordinance, which does not permit banners, serves the Village well in regulating types of signs, he was of the opinion the ordinance could be amended to permit temporary banners without jeopardizing the integrity of the ordinance. He noted that such banners are permitted.in neighboring communities and have caused no problems, but have helped to solidify the business Driveway Variation Trustee Seidman moved, seconded by Trustee 704 Kipling Marty, to waive the rules to'permit adoption 0 -80 -39 of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Gavin, to adopt the ordinance granting a variation for a driveway at 704 Kipling Street. Motion carried unanimously. Authorize Ordinance Preparation Trustee Swanson moved, seconded by Trustee Municipal Code Amendment Marty, that the Village attorney be instruc- Waiver of Permit Fees ted to prepare an ordinance amending Sec - Senior Citizen Housing tion 6 -7 of the Municipal code to include government subsidized Sr. Citizen Housing exempt from paying permit fees.. Motion carried unanimously. EPA Pre - treatment Program Manager Franz stated that despite nine Authorize Baxter & Woodman months of dialogue with the Illinois En- Study and Grant Amend. vironmental Protection Agency wherein an attempt was made to show that Deerfield has no Industries discharging toxic or hazardous wastes into the sewer system, the EPA has still determined that Deerfield must develop a pre�.treatment-.p.ro.gram. Tlie first step of the required program is to demonstrate through extensive samplings and analyses the absence of industrial contaminants. Therefore to comply with EPA requirements, Trustee Marty moved, seconded by Trustee York, that Baxter & Woodman be hired in an amount not to exceed $1500.00. to prepare the plan of study and grant amendment Motion carried by following vote: AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Mayor Forrest stated that he had reviewed with the Village Manager the request of the Deerfield Commons Shopping Center Assn. to hang a banner across Deerfield and Waukegan Road to advertise their annual "Sidewalk Days ". 'He stated that while Deerfield's sign ordinance, which does not permit banners, serves the Village well in regulating types of signs, he was of the opinion the ordinance could be amended to permit temporary banners without jeopardizing the integrity of the ordinance. He noted that such banners are permitted.in neighboring communities and have caused no problems, but have helped to solidify the business 17`1 community. Therefore, he asked the Board to direct the Plan Commission to hold a.public hearing to amend the Zoning Ordinance to permit temporary banner -type signs. After a brief discussion, Trustee Swanson moved, seconded by.Trustee York, to direct the Plan Commission to hold a public hearing to amend the.sign ordinance. Motion carried unanimously. Trustee Gavin requested the staff to investigate the possibility of replacing the present entrance signs to Deerfield. Trustee Seidman asked what further action Deerfield should take regarding its objection to the Tollway North liquor license petition, recommended for approval by the Lake County Zoning Board of Appeals but referred to committee for further review by the Lake County Board. Manager Franz stated that Deerfield's objection would have been forwarded to the County Board but that he would check to make certain. There being no further business to come before the Board, upon motion by Trustee. Seidman and second by Trustee Swanson, the meeting was adjourned at 9:55 P.M. ATTEST: Village Clerk SAP.70VED : l Village President I 1