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4. January 3,- 1983
The regular meeting of the Board of Trustees of the Village of- Deerfield was called
to order by the Mayor in the Council Chamber of the Village Hall on Monday, January `
3, 1983 at 8:02 P.M.� The Clerk called the Iroll and announced that the following
were
Present: Bernard Forrest, Mayor.,
Marvin W. Ehlers
Jerold'L. Heisler
Cynthia J. Marty
Edwin B..Seidman;
Vernon E. Swanson
J. Robert. York
and\.that a quorum was present and in attendance. Also present were Village Manager
Robert D. Franz and Village Attorney James. K. Stucko.
Trustee Seidman moved, seconded by Trustee Ehlers; that.the minutes of December 20,
1982 be approved as presented with the following addition: Under DRIVEWAY CONNEC-
TION AGREEMENT, line 8,'add "Trustee Seidman noted that, as the area was considered
a fire lane, drive- through traffic is not illegal. " - Motion 'to approve the minutes
carried unanimously:
MAYOR'S LETTER TO DFLD. CAUCUS, .Mayor Forrest read a letter to the Deerfield
RE: TR. EHLER'S RESIGNATION Caucus regarding.the'expected. resignation of
Trustee Ehlers;and.the filling of his unexpired
term.- Mayor Forrest stated that Trustee Ehlers has not yet formally tendered his
resignation, therefore the unexpired portion of his term can not be filled in the
April, 1983 election, since a vacancy may.only be filled in the general election
when the vacancy occurs at least 28 months prior to the :conclusion of the four
year term and at least 130 days prior to the general municipal election. (Illinois
Municipal Code - Chapter 24, Sections 3 -5 -2 an& 3- 2- 7)..-- He.noted.that while the
Village Attorney does.not'agree with the interpretation.of the timing provisions,
the County Clerk's office, which implements the requirements of .the State Election
Board, takes the opposite view. He advised the Caucus to slate candidates for
only the three Trustee offices terminating in April,'1983.
Mayor Forrest went on to say that Trustee Ehlers will serve until he moves from
the Village; the Board will not be making.an appointment prior to the election .
in any case..
CATTLE CO..RESTAURANT A public hearing.was held by the Plan.Commission
BRICKYARDS (EAST PORTION) on November 18, 1982 (adjourned to December 9,
REZONING;'RESUB., AMENDMENTS 1982) to consider a petition of Sven Flodstrom
for rezoning, resubdivision, and amendments of
a C -2 /PUD and preliminary I -1 /PUD in order to double the size of the previously
approved C -2/PUD (to accommodate the•Cattle Co. Restaurant) thereby necessitating
resubdivision of the eastern portion of the Brickyards and modification of.•the
I -1 preliminary plans. z
The Plan Commission recommended (on a vote of 3 -1) approval of the.rezonings' requested,
the resubdivision to reflect the alteration.of the lot configurations, the amend
.went of the I -1 preliminary development plan to reflect the rezoning and resubdi�-
vision, arid.to._amend.,the C -2 /PUD as. proposed subject to'the requirement that the
petitioner meet the Village's requirements regarding the entertainment usages (regard- .
ing a requested dance .floor) and Liquor Control Ordinances.
Mr. Alan Stefaniak, representing developer Sven Flodstrom, exhibited maps - showing
the resubdivision of the eastern portion of the Brickyards: 0.an increase by doub
ling, the present C -2 PUD (lot3), 2) decrease by 1 acre of P -1 (lot 8) public park
land, and 3) the reshifting northward of lots 4, 5 and 6 (I -1 on preliminary plat).
Responding .to inquiry, Mr. Stefaniak stated that the resubdivision could not bye
effected without the acre of park land since the owners of'lots 4, 5 and 6 wish to
keep those lots the same square -foot size.. Decrease of the park land would re-
sult in monetary compensation to the Village by Mr. .Flodstrom, as outlined in the
original land swap agreement.
.Mr. Stefaniak then displayed drawings.showing the architectural style of the.Cattle
Co. Restaurant, a landscape concept complementary to that on the western portion of
the Brickyards development, and the basic floor plan with areas.shaded to repre-
sent liquor service in 18.2% of the total floor area (20% being the Maximum per-
mitted by ordinance),as well as a dance floor..
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Mr. Stefaniak noted that the Plan Commission's recommendation was such as to
leave to.'the Village Board the decisions regarding the restaurant's lounges
and dance floor which he feels is an allowable . use within the Deerfield Zoning
Ordinance for C -2 PUDs since the or does not specifically prohibit a
dance floor use for a restaurant facility.
At Mayor Forrest's request, Village Attorney Stucko explained that the Deer-
field Zoning Ordinance does not approach zoning issues by listing all prohibited
uses. It simply lists those uses which are .permitted: He stated,ltla.t all zoning
ordinances are drafted in that way. He went on to explain that eerfield's
Liquor Control Ordinance has a two -prong test: 1) no more/ihan A% of the total
floor space included in,a restaurant can.be devoted to liquor service or liquor
storage, and 2) the relationship between the food and liquor service is such'
that the liquor service can not exceed one -third of the square footage devoted
primarily to the eating area.
Close examination of the basic.floor plan and much discussion followed. Upon
questioning by Mayor Forrest, it was.learned that though..liquor is served its
an area depicted "waiting lounge ", that "area was not included in computations deter-
mining the percentage of liquor service areas to total restaurant space. Its
inclusion would raise the percentage from.18.2 to'almost 22%. Attorney Stucko
pointed out that the ordinance provides that any;area where liquor may be served,,
even though only occasionally, is considered a liquor service area.
Trustee Seidman stated that he had made :two visits.to Cattle Co. restaurants, and had
noted that there were peripheral areas near the lounge and bar.which.at certain
times of the afternoon are used simply for,liquor.service. and would likewise be
use after restaurant food is no longer served late at night.;.He submitted that
by his calculations, close to 50% of the restaurant area-.accommodated liquor
.service. Regarding the disc jockey /dance floor area.shown in the plans, he
stated that three of his sons spend much.time in discos and that'one son'is a
disc jockey. They report the discos experience a great many problems requiring
a fair amount of police efforts to handle trouble. He stated that he had no ob-
.jections to the restaurant per se, but he felt that to permit, ;a disc jockey/
dance floor area was to attract to a-single family residential community-a great
deal of ,trouble which was better avoided. He noted that it takes.only one or two
troublemakers to disrupt an otherwise orderly facility. He reminded the Board
that'in the case of Brunswick Lanes, the.Board had refused to grant a dance floor.
Mr. John Hunt, Director of Construction and Development for the Cattle Co.. res-
taurants, stated that the peripheral areas, mentioned by Trustee Seidman,as well
as the total lounge area is used for luncheon business in eleven of their other
restaurants with this proposed layout.*. He acknowledged, however, that after 11 P.M.
it sometimes becomes.pure lounge. Trustees Heisler and'Seidman pointed 'out,that
since the peripheral area in,question adjoins the lounge,.as the. lounge fills up
itwill become a cocktail area and the liquor service ratio is well over. 22%. Mr.
Hunt stated that the "waiting lounge "was provided for families coming'to the
restaurant who did not wish to wait in a heavy cocktail area. However, Trustee
Seidman was of the opinion that it was so nearly on the same level as the lounge,.
and waiting customers could be served liquor, it should be computed as a..liquor
service area.
Trustee Swanson was not satisfied with the traffic study as presented. He felt
that it did not set forth peak hour traffic numbers for the restaurant.: He.was "
also interested in knowing the benefits and costs to the.Village. Mr. Les Pollock,
Planner for Mr ._Flodstr.om,_. °advised.._that they estimated _$33,000...per...y_ear in sales..
tax and.$5,600 in property tax solely .to the Village.
Mayor Forrest noted that in regard to.-costs to the Village in.supplying services,
liquor operations have necessitated additional.police patrol no matter how good
facilities were. He went on to say that the amount of liquor service space for the
proposed restaurant "leads me to believe than we're talking about a considerable
amount of police activity,just to make sure our ordinances are followed. I am
very concerned, as is Trustee Swanson, about the costs. ".
Trustee Heisler asked Mr. Stefaniak what effect denial of the dance floor would
have on the proposed restaurant. Mr. Stefaniak stated that the Cattle Co. Res -
taurant's representatives emphatically stated that the dance floor,, is an inte-
gral part of their operations, and they would not consider locati7.g where they
could not have it.
Trustee Marty expressed extreme concern about storm water ,drainange and the
sanitary sewer route. She noted that without the final engineering plans, it
is not known whether or not the retention basin will be adequate. She pointed
out that the sanitary sewer for both Chi - Chi's.and the proposed Cattle Co.
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Restaurant will-go to Lake Cook Road,, west to Pine Street, north to Hackberry,
and east to the treatment plant. She�'stated that at.present the line is at
50% capacity and presents back -up problems in even normal rains. She stated
that according to the Vil. Engineer, the restaurants would result in 100% capa-
city. She went on to point out -that : "we have ,seven men sitting fifteen feet
from us who are attempting to solve storm and sanitary sewer flooding problems.
We've issued bonds to buy engineering designs to help alleviate these problems
......and when Phase II of the Brickyards development begins, the residential
part, Mr. Flodstrom has been asked to put.in an interceptor through the Brick-
yards, taking the sanitary sewage from south of Lake -Cook Road straight to the
treatment plant. I believe this has to be done now, at once. I don't how we
will accomplish it (perhaps TIF funds and a recapture agreement with Mr. Flod-
strom)::...but I am not prepared to compound an already serious problem,on which .
we are already spending a lot of money trying ±`to solve, by hooking.up two res-
taurants on the present sanitary sewer line."
Mr. Don Fielding, Engineer for Mr. Flodstrom, stated that he did not deny that
homes along Pine Street had. been experiencing sewer back -up flooding, but that.
the sewer capacity was adequate even.with the addition of two restaurants....
that the problem was due not to inadequate sewer size, but rather /to storm
water infiltration.
Thereafter, Trustee Marty.moved, seconded'by Trustee Swanson,'to accept the
Plan Commission's recommendation.
Trustee Swanson pointed out that the Cattle Co. Restaurant's proposal fails
immediately on the two tests of the,Liquor Control Ordinance: 1) that.if all
the areas the Board considers liquor service.areas are included in'the total
floor ratio. computation, the liquor service areas exceed,the ordinance limit
of 20 %, and 2) that it appears that the liquor service.area exceedsthe ordi-
nance maximum of no more than one -third the square footage devoted primarily
to the eating.area. He added that costs and benefits to the.Village have not
been clearly defined, and that the data supplied does not meet the requiremeq.ts
normally required for this type of development.
Trustee Marty reiterated that."any development proposed for the .Brickyards area
mug not compound the present storm and sanitary sewer problems.
Motion to accept.the Plan Commission's recommendation failed, all members voting
Nay. ,
The Board recessed at 9:10 P.M. and reconvened at 9:17 P.M. with,all members.pre
sent and in attendance.
ACCESS AVENUE Mayor Forrest stated that -the Board was in
.VCDC RECOMMENDATION receipt of a thorough, well thought- out.recom-
mendation by the Village Center Development
Commission (VCDC) regarding Access.Avenue. He went on to say he felt the Board.
should adopt the recommendation, and he would favor asking Staff to make recom-
mendations for funding various portions of it as well as setting priorities con- .
cerning the steps.
Chairman Thomas Whaley and VCDC members Dorothy Collins, Robert Kraemer, Ronald
May and Melliney Saltarelli.were present and discussion was had regarding,the
development plan which consists of six sections.
Trustee Marty, asking whether the VCDC.favored development of'the plan in..the
chronological order of the sections, was advised "not necessarily ".' Trustees
Swanson and Marty favored starting with Section 1. Mayor Forrest.pointed'ou't
that sections 1, 3, 4 and 6 pertained to areas north of Deerfield Road and would
require less money, fewer technical problems (no easement.acquisitions required,)'
than those sections south of Deerfield Road.
Referring to Section 6, Trustee,Swanson asked about a recommendation that 27 feet
of private property behind and beyond the Jewel Food .Store be dedicated to in -.
sure an•intended 54 -foot right -of -way. He.wondered 'if such a dedication might
prevent any future expansion planned by the Jewel Food Store. The VCDC advised „
that during discussions about the right -of -way, no mention had been made:,about
expansion.plans, but the necessity for preserving room for truck deliveries had
been pointed out.
..Thereafter,Trustee Marty moved, seconded by Trustee York, to accept the recom-
mendation of the VCDC regarding Access Avenue, and that Staff be instructed to
begin preparing: 1) a report indicating priorities,.2) possible methods of fund-
ing along.with possible dates for implementation, and 3) a. technical review
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regarding adequacy of right -of -ways. Motion carried unanimously.
The Board.thanked the VCDC for its excellent recommendation for Access Avenue
and advised them that they would becalled upon again when a.report by Staff
is completed.
CONSENT AGENDA
ELEVATOR INSPECTION FEES Ordinance increasing Elevator Inspection
ORDINANCE NO. 0 -83 -01 Fees to $30.
Trustee Marty moved, seconded by Trustee Swanson, that the consent agenda be
passed. Motion carried on the following vote:
AYES: Ehlers, Heisler, Marty, Seidman,. Swanson, York (6)
NAYS; None (0)
Mayor Forrest signed the ordinance, indicating his approval thereof.
ANALYSIS & AWARD OF BID Village Engineer James Soyka explained that
WATERWORKS PUMPING & the proposed equipment is one of the recor-
TELEMETERING MODIFICATIONS mendations in the Greeley Hansen report
made for.Deerfield. He stated that the new°
pumping controls would be located in the Deerfield Village Hall and additional
modifications will be made. New telemetering equipment will be located at the
reservoir in Highland Park -and at the,elevated storage tank on Kates Road..*the
present equipment is old, and though functioning,.repairs are extremely expensive
and-the equipment is not compatible with the Highland'Park system:? kighland
Park required that Deerfield use additional telemetering a uipmen,� so they can
monitor Deerfield's system which they are unable to do at ;resent.
Mr. Soyka went on to say that estimates for modifying the present equipment ti R
ran'around $30,000... too much to spend on aging equipment.' The new pump can
not only be started from Deerfield but switched and started.from Highland Park
as well. When-Highland-Park gave up one of their pump pedestals to`acc&nmodate
Deerfield, they required that a pump be installed.with the capability of pumping to
Highland Park as well as Deerfield in the event Highland Park needed it in an
.emergency. 'Energy costs on the pump will be paid by Deerfield, but-a system
has been designed whereby energy used by Highland Park can be separated from the
Deerfield bill.
Following a short discussion, Trustee Seidman moved, seconded by Trustee York,
that A.J. Lowe and Son be awarded the contract for waterworks pumping improve-
ments and telemetering modifications in an amound not to exceed $103,405..
Motion carried'on the following vote:
AYES: Ehlers, Heisler., Marty,. Seidman, Swanson, York (6)
NAYS:. None (0)
Village Manager Franz reported that last summer the public works garage had -
sustained structural damage when the roof trusses were hit by a piece of equip-
ment. Discussion is still proceeding with the insurance company who are not
inclined to pay for the damage. The Village Attorney is reviewing -the policy.
The.roof was shored up, and Baxier• and Woodman were called in to assess the dam-
age and prepare specifications on what is needed to restore the roof structure.
There is need to,proceed with repair work before heavy snows accumulate on the
roof. Two quotes were sought and received: 1) Arnold Pedersen, $5,863 and 2)
Sven Flodstrom, $7,877.
Trustee Swanson asked Public Works Director.Edmund Kla.sinski about the nature..
of the damage. Mr. Klasinski replied that wood bowstring trusses had been'
damaged and that Baxter and Woodman had recommended a method involving the cut-
ting out of old wood pieces, insertion of new wood pieces using steel plates
on them with a cross rod to draw the outside walls back.to their normal position.
Discussion ensued about contractor qualifications'as Trustee Swanson pointed out
that even with specifications to follow "some of this gets a little 'tricky'."
Vil. Eng. Soyka concurred, stating that long bowstring trusses were a somewhat..
obsolete type of construction, and a closer scrutiny of contractors' qualifi-
cations for handiing.them might be required. Trustee Swanson stated that for
this reason, price alone should not determine the contractor choice.
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