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03/15/198250 March .15 1982 The regular meeting of the Board of Trustees of the Village of Deerfield was call- ed to order, in the absence of the President, by the Clerk. The Clerk called the roll and announced that the following were`: Present: Marvin W. Ehlers. Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman J. Robert York Absent: Bernard Forrest, President Vernon E. Swanson and that a quorum was present and in atte lance. Also present were Village Attor- ney James Stucko and Village Manager RobE�t D. Franz. Trustee Marty moved, seconded by Trustee Ehlers, to appoint Trustee Heisler as President pro tem. Motion carried unanimously. Trustee Seidman moved, seconded by-Trustee Marty, that the minutes of March 1, 1982 be,approved as presented. Motion carried unanimously. APPROVE WARRANT NO. 0 -82 -03 ments. Motion carried on the Trustee.Marty moved, seconded by Trustee Seidman, to approve the bills and pay - roll, including transfers and reimburse - following vote: AYES: Ehlers, Heisler, Marty, Seidman, Mork (5) NAYS: None (0) TREASURER'S REPORT Finance Director George Valentine reported that there had been virtually no change in the overall revenue and expenditure pattern in any one area during the last few months with the exception of a substantial increase over previous months in the sales tax receipts for November. He noted that the increase did not necessarily reflect an upward trend in sales tax receipts, but could simply indicate a some- what erratic reporting system at the State level. The Board thanked Mr. Valentine' for his report. PROCLAMATION Trustee York moved, seconded by Trustee . KNIGHTS OF COLUMBUS WEEK Yarty,that the week of March 25 through MARCH 25 -31 March 31 be designated Knights of Columbus Week. Motion carried unanimously. REPORT ON DEPARTMENTAL OBJECTIVES The Board was in receipt of a written re- POLICE DEPARTMENT port regarding objectives of the Police A-7�partment, and Chief of Police Richard Brandt was present to respond to any Board questions or concerns in that regard. Trustee Seidman inquired about the number of emergency calls which are received each week. Chief Brandt did not have with him that exact figure, but he hazarded a guess of 100 emergency calls weekly, -half of which were probably responses to malfunctioning burglar alarm systems. Owners are charged $25 per call after three false alarms in order to encourage repair of the systems, according to Chief Brandt. To an inquiry by Trustee York, Chief Brandt stated that he believed the Deerbrook• Theater was cooperating regarding the exclusion of minors from the late Saturday night "Rock Horrors Picture Show ", unless accompanied by an adult. Trustee Marty commented that she thoroughly approved of the Crime Opportunity warn- ing cards left at businesses or homes by the police whenever they observed cir- cumstances providing risks to owner for iminal activity. Trustee Ehlers inquired regarding the continuation'of last summer's Bicycle Safety Patrol program. Chief Brandt stated that since the program had been so successful, $13,000 had been budgeted to provide a Bicycle Patrol for the coming summer. He commented that a volunteer judge in last summer's program had inquired about sere -: ing again. The Board thanked Chief Brandt for "a good report ". 1 1 r J BRICKYARDS Trustee Heisler announced that the peti- REZONING AND PUDS toner, Mr. Sven Flodstrom, had requested ri-Moval of the item from the agenda and deferral until later in the week. Trustee Heisler further stated that upon com- pletion of the evening's business, the meeting would be recessed until Thursday, March.18 -at 7:30 P.M. to be followed by t:_e Public Hearing on the establishment of a Tax Increment Financing District -at 6:00 P.M. He advised representatives of School District No. 109, who had come to the meeting seeking answers to the proposed taxing district, that the Board would hear them later in'the meeting. SELLAS PETITION Manager Franz stated that the Plan REZONING 3005 LAKE -COOK RD. Commission had held a public hearing on PLAN COMM. REPORT & RECOMMENDATION January 28, 1982 to consider the petition of Wm. and Kathleen Sellas for rezoning of their property at 3005 Lake Cook Rd. from R -1 (Single Family District) to C -2 (Outlying Commercial District) so as to develop a sit -down restaurant, a per- mitted use in the C -2 District. The Plan Commission recommended, on a vote of 4 to 1, that the petition be denied. Mr. Robert Kenny, attorney for the petitioners, briefly sketched the past his- tory of the proposal for a restaurant use. He stated that: 1) in 1977 they had petitioned for rezoning.to C -2 to build a 2-Story building, 2) that the Plan Commission had recommended approval of the request-based on their findings that the restaurant would not impede orderly development for the south side.of Lake -Cook Rd. nor materially or significantly affect adversely the homes north of the property, 3) that the unique configuration of the property, 119'x873' does not lend itself for development of o:fice or industry, .4) that the restaur- ant use would be the highest economic use of the property with the least adverse effect on.adjacent property, etc. He stated that the Board of Trustees voted to deny the request due, in his opinion, to neighbors' fears that a restaurant would cause property to the west of it to become a commercial strip. He stated that all attempts to sell the property had failed since the configura- tion of the lot .,imposes.severe constraintE on development; after 50' sideyard re- quirements are met, only 19 feet of buildable width would be left. He noted that a'lawsuit brought by the petitioner in February of 1980,to obtain the restaurant use as proposed in 1977,was dismissed in 1981 pursuant to an agreement between the Village and Mr. Sellas for submission of a new plan under the 1978 Compre- hensive Zoning Ordinance. He stated that the findings of the Plan Commission in 1977 were still true, and added that the property to the west,, out which residents had been concerned, is now annexed to the Village and zoned 1 -1. He stated-that, keeping in mind the residents' concerns, they had submitted a new proposal for a 1 -story con- temporary, atrium type, 7.,500 sq. ft. building (instead of the 2- story, 13,000 sq. ft. building originally proposed). a 150' landscaped and bermed setback (in- stead of the original 50' setback), and greater than required parking space which would be totally screened. He added that all parking would be by attendant only, and that, if necessary, the Sellas' would dispense with a sign, inasmuch as their established clientele would know the location and naturally follow them them. Trustee York commented that the house on the subject property was in a disgrace- ful condition and.felt that the proposed restaurant would be a vast improvement. He stated that only 7% of the lot would be covered, that the plans met or.ex- ceeded.requirements for C -2 zoning, that the traffic generated by such a restaur- ant -would be miniscule, adding little to the 30,000`66'ars per day on Lake -Cook Rd., and that a look at one of the .menus convinced him that the restaurant would be of the highest quality. Mr. Stephen Kushner, Mr. Stephen Berger, Mrs. Bob Holder, and Mr. Mike O'Brien, residents of Gordon Terrace and Forrestway Drive, were strenously opposed to the rezoning. They submitted that: 1) there is no C -2 zoning close to the sub- ject property on, the east or west and such rezoning would be spot zoning, 2) that the Comprehensive. Plan favors I -1 zoning and the property to the west was annexed as I -1, 3) that retail uses are r ^t compatible with I -1, 4) that.while petitioner's intent might be good;.in th• event -of a business failure, the property could be used for other C -2 uses, 5) the - petitioner had -- bought an un- usual piece of property and could have protected himself with a contingency on rezoning, 6) the Village is under no obligation to grant rezoning to provide the greatest economic yield and, 7) in the.event the Gun Club is sold, re- tail*zoning on its west border would set a precedent for them.to seek the same. Responding to inquiry by Trustee York, Ms. Barbara,Ruffino, Village Planner, stated that there was a sit -down restaurant planned for the Fishman property on Lake -Cook Rd., in accord with their annexation agreement. 51 52 Trustee Marty stated that she was concerned that a commercial use on the Sellas property might encourage a petition for s ^^ie of the same on the vacant property immediately to the west, although it was a:1.►exed as I -1. Trustee Seidman stated that when the Board of Trustees had held home meetings in the area four years ago, he had concurred with the residents.fearing,that a" restaurant might set a precedent affecting zoning of vacant land to the west. But since that land has been annexed and zlyned I -1, he is no longer concerned about the effect of a -small restaurant. He then inquired of Village Attorney Stucko if the property could be limited to restaurant usage if C -2 zoning was granted. Attorney Stucko stated that a restrictive covenant could be imposed on the property. Trustee Seidman moved, seconded by Trustee York,.to accept the Plan Commission's recommendation that the petition to rezone the Sellas property at Lake -Cook Rd. be denied. Motion failed on following vote: AYES: Heisler, Marty (2) NAYS: Ehlers, Seidman, York (3) Trustee Seidman moved, seconded by Trustee York, that the.Village Attorney be instructed to prepare an ordinance rezoning the property of William and Kathleen Sellas at 3005 Lake -Cook Rd. from R -1 to C -2 and to prepare a restrictive coven.- ant limiting the property to restaurant,use. Motion carried on the following vote: AYES: Ehlers, Seidman, York (3) NAYS: Heisler, Marty (2) Trustee Heisler stated that the Board would entertain questions which members of School District No: 109 had wished to ask regarding the Brickyard matter (to be considered March 18, 1982). Mr. David Mann, President of District No.. 109 School Board, stated that the School Board was very much in favor of the development of the Village. He added, however, that before they could de ide whether or not to support the establishment of the proposed Tax Increme : Financing District, they wished certain information: 1) whether the Brickyards development was feasible without TIF, 2) when the proposed district would go into effect, when con- struction would begin, and how long a period would be necessary, 3) how many and what type of condominiums, bringing residents with students, were envisioned for the Brickyards, and 4) what had been the rationale for including already developed properties, such as Whitehall North, etc., in the proposed tax dis- trict. Trustee Heisler responded that the Board felt a TIF District was necessary for the development of the Brickyards. Mgr. Franz added that after-considerable research, the public /private partnership seemed an ideal way in this instance, due to the unique features of the land (multiple ownership and land fill soil). Mgr. Franz further stated that the time frame for the taxing district had not been discussed by the Board, but a district could be formed, legally, for 23. years,though no such period was considered necessary in this instance. Mgr. Franz noted that exhibits presented at a hearing on the Brickyards, showed 434 condominimums (316 one - bedroom, 104 two- bedroom, 14 three-bedroom),suggest- ing a very small student impact on the school district. He further explained that boundaries for the taxing district had been drawn all the way to Waukegan Rd. to include undeveloped property (Marshall) and -:.uriderdeveloped property (Fiat -Allis and Kleinschmidt) to provide an opportunity for greater cohesive redevelopment. After further discussion, Mr. Mann stated that the School Board planned to.pre- sent a position paper at the TIF hearing. Trustee Heisler advised him that the Bond Counsel retained by the Village would be present at the hearing with more technical information. BLANKENBERG /KAULENTIS RESUB. 120 KENMORE /1510 GORDON SCHESNOL /BERNARDI RESUB. KING RICHARDS COURT CONSENT AGENDA Approval of Final Plat of Resubdivision. Approval of Final Plat of Resubdivision. 0 1 I. 1 Trustee Marty moved, seconded by Trustee S- idman, that the Consent Agenda be approved ... Motion carried unanimously. ILLEGAL'REAL ESTATE SIGNS Trustee Marty moved, seconded by.Trus- MUN. CODE AMENDMENT tee Seidman, to waive the rules to per - ORDINANCE NO. 0 -82 -17 mit passage of ordinance on first.read- ing. Motion carried unanimously. Trustee Marty moved, seconded by Trustee York, to pass the ordinance providing for confiscation of real estate signs in the public way. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Yc k (5) NAYS: None (0) FILE TENTATIVE '82 -'83 ANNUAL REPORT Trustee Marty moved, seconded by Trus- ORDINANCE NO. 0 -82 -18 tee Seidman, that the rules~,be waived to pass the ordinance on first reading. Motion carried unanimously.. Trustee Marty moved, seconded by Trustee York, to pass the ordinance providing for the filing of the Tentative Annual Budget of the Village of Deerfield and for public inspection and hearing thereon. Motion carried on following vote: AYES: Ehlers, Heisler, Marty, Seidman, York (5) NAYS: None (0) REPORTS: Trustee Ehlers reported that sidewalks from One Deerfield Place to the Commons were less than desirable for seniors and handicapped people. He was of the opinion that the Village should do what it can to provide`a comfortable and hazard -free crossing way. Mgr. Franz will pursue the matter. Mgr. Franz confirmed a meeting of the Finance Committee meeting on the Bud- get on Monday, March 22, 1982 at 7:30 P.M Further, he invited Board members on a community tour on March 27, starting t 9:00 A.M. At 9:40 P.M., Trustee Seidman moved, seconded by Trustee Marty, to recess the meeting until 7:30 P.M., March 18, 1982 to be followed at 8,:00 P.M. by the Tax Increment Financing hearing. Motion carried unanimously. ATTEST: 1 Villag6 Cle PROVED: r Village President 53