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08/01/19831 1 223 August 1, 1983 The regular meeting of the Board of Trustees of the Village of,Deerfield was called to order by the Mayor in the Wilmot Jr. High School auditorium on Monday, August 1, 1983 at 8:06 P.M. The Clerk called the roll and reported the following were Present: Bernard Forrest, Mayor Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman J. Robert York Absent: Stephen 0. Jackson Vernon E. Swanson and that a quorumrwasrpresent and in attendance. Also present were Village Mana- ger Robert D. Franz and Village Attorney James K. Stucko. Trustee York moved, seconded by Trustee Heisler, that the minutes of July 18, 1983 be approved with the following correction: under Rearyard Variation, 1537 Crowe Avenue, second line, substitute "June" for "July ". Motion carried unanimously. PRESENTATION: Mayor Forrest announced that Sgt. Thomas Hill DONALD E.- GEHRIG had been chosen to receive the Donald E. Geh- MEMORIAL AWARD rig Memorial Award for his outstanding per - formance during 1982. He stated that as a team leader of the Uniform Patrol Division of the Police Department, he so en- couraged and utilized the talents of his team members that they were consistently the highest performing team of the department. Sgt. Hill was presented a plaque with applause by all present. KENNEDY PARCEL REZONING R -2 to R -3 ORDINANCE NO. 0 -83 -24 and PRELIMINARY PLAT APPROVAL Mr. Russell Taylor, Land Planner for Kennedy Homes, Inc., exhibited the revisedipreliminary plat of a 150 -lot subdivision, originally ap- proved by the Plan Commission, showing: 1. a 10 -foot emergency access, through lot 70 (approximately 60' wide) to Carlisle Avenue on the north. 2. -a cul -de -sac abutting the school parking lot through which to provide a mini- mum 60 -foot right -of -way for a 10 -foot emergency access to Hyacinth Lane. 3. a cul -de -sac separated by an easement from park property, immediately north and directly in line with Carlisle Avenue south.( though not connected). Mr. William Warnock, representing residents of Colony Point and Briarwood Vista, and a member of the Advisory Task Force, stated that .residents feared that a 60 -foot right -of -way at Carlisle north would result in a fully improved stan- dard street in the future. He requested that the matter of access points re- main open for further study and possible change. He added that if the Board could not see fit to do so, the homeowners will be in the position of "having to act precipitously in trying to,head off something" they are opposed to. Mayor Forrest replied that the Task Force had been discussing the matter, and while they had not yet submitted a report, the Board had minutes showing their vote. He stated that the }plat presented by Mr. Taylor was essentially the committee's present position. He added that he favored keeping the committee active, letting residents know the matter is still under consideration, and approval of the plat shown which deletes the connection at Kerry Avenue'and the Carlisle south easement. Mr. Warnock stated that he was approaching the issue from a strictly legal and technical position in order to protect the interest of the homeowners. He stated that he favored reduction of the size of the dedication at Carlisle north and Hyacinth Lane from 60 feet to 12 feet and a motion providing that until the final plat is prepared and study is completed the Board would have its discretion to consider a full right -of -way requirement. Mr. Thomas Cronin of Sequoia Lane stated that the Advisory Task Force's motion re- garding Carlisle Lane north referred to a 10 -foot access lane but made no mention of a 60 -foot right -of -way. Mayor Forrest replied that he had read the minutes, 224 talked with the chairman of the committee, and had a conversation with Mr. Harvey Kolom, and that the minutes do not reflect Mr. Cronin's statement. Mr. Taylor was asked by Mr. Kolom, President of the Briarwood Vista Homeowners' Association, to exhibit overlays showing a reconfiguration at Hyacinth Lane and Carlisle north. The overlay for Hyacinth showed a cul -de -sac farther west connected by a 15' wide paved access lane to the school parking lot and thence to Hyacinth Lane. The overlay for Carlise north showed a 15' wide paved access farther east and separating lot 70 and 71. Mr..A.' Katch of Hyacinth Lane expressed concern about use of the school parking lot. He noted that the building is used by a Temple six to seven days a week, with considerable parking spilling onto Hyacinth. He stated that an emergency vehicle might find it difficult, if not impossible, to enter the Kennedy subdivi- sion via the parking lot. Discussion was had regarding the cul -de -sac at Carlisle south. The cul' -de -sac would end at the front of lots in the Kennedy subdivision and the originally shown 15 -foot easement would be eliminated with that footage added to the adjoining lots. Mr. Arthur Rollin, 635 Carlisle Lane, stated that residents of Briarwood Vista and Colony Point are 98 percent in favor of the plan with overlays showing only 15 -foot access lanes at Carlisle north and Hyacinth Lane. He urged immed- iate approval of a preliminary plat with overlays. He stated that Board delay would force a precipitous court action which could result in loss of Kennedy as the developer, give the Park District time to condemn the eastern 10 acres of the property and thereby cause Kennedy to lose interest. He stated that some residents have made monetary pledges to the Park District toward acqui- sition of the property if Board action should permit Carlisle Avenue to be cut through in the future.., Mr. Harvey Kolom concurred with Mr. Rollins. He stated that unless the Board accedes to the wishes of the residents.who want only emergency access lanes, the residents are left with no alternative but legal action. Trustee Marty .stated that she did not favor the change indicated by the overlay at Carlisle north. Also, she did not think the Hyacinth Lane access through the parking lot used by a synagogue was satisfactory. Mayor Forrest asked Mr. Taylor if the cul -de -sac could be redesigned to come closer to Hyacinth Lane. Mr. Taylor replied that it was possible. Mr. Goldman, attorney for Kennedy Inc., stated that they were seeking,,that evening, a zoning change and approval of a preliminary plat listing and iden- tifying any changes, following further study, concerning only the access areas, with or without 60 -foot dedications. Mr. Kolom stated that while he was willing to await the report of the Task Force, delay would avail nothing. "Let's face it; the homeowners don't want anything but emergency accesses... that's all they want. You can study this thing to death, but you are not going to convince 90% of the homeowners that there's anything viable other than 15 -foot emergency accesses." Mr. Arthur Rollin stated, "If you do go back to the original plan (showing 60' dedicated right -of- ways), you do force us to go into court. Then we are going to have to attack everything we can ... not just one little spot... everything. If you decide against this vast body (residents present), and all are not here, then we have got to take whatever recourse we can." Trustee Marty stated that for good planning, the road should go through, just as if someone had developed the whole area and put a road from one side of town to the other. "I have always felt the road should go through. However, I am going to vote for this tonight, with the one entrance, but I am going to ask for the dedication. To a degree, I think we're making a mistake, but I want.this sub- division. I think Kennedy is a fine builder." Thereafter, Trustee Marty moved, seconded by Trustee Heisler, to waive the rules.to permit,on first reading, passage of the ordinance rezoning a portion of the Kennedy parcel from R-2-to R -3. Motion carried, Trustee Seidman voting Nay. Trustee Marty moved, seconded. by Trustee Heisler, to approve the Ordinance rezoning a portion of the Kennedy parcel from R -2 to R -3. Motion carried on the following vote: AYES: Heisler, Marty, Seidman, York (4) NAYS: None (0) 225 Thereafter, Trustee Marty moved, seconded by Trustee Heisler, to approve the re- vised preliminary plat of Deer Run Subdivision, further revised by overlays at Hyacinth Lane, Carlisle south and Carlisle north; depicting a 15 -foot right -of- way for emergency access lanes at lots abutting Carlisle Avenue north and Hya- cinth Lane, subject to further review of these two access points by the Corp - orate.Authorities,prior to the submission and approval of the final plat of subdivision,to determine whether,or not 60-foot right -of -way dedications at Carlisle north and Hyacinth Lane are to be required, with the matter of emergency access vs. full dedications to be resolved by December 31, 1983. i Mr. Richard Deutsch of Kings.Cove was concerned by the form of the motion. He feared that approval of the motion would mean that if the Corporate Authorities, exercising their rights, decided at a future meeting that 60 -foot dedications were proper, the homeowners would have lost the right of appeal in order to preserve their legal rights. He added, "I am afraid that with the language of the motion, we may be foreclosed if we sit by for a meeting at some later date." The motion failed on the following vote:. AYES: Marty (1) NAYS: Heisler, Seidman, York (3) Trustee Seidman moved, seconded by Trustee Marty, to approve the preliminary plat of subdivision with three overlays showing a 15' emergency access lane at. Carlisle north, no easement at Carlisle south, and the access lane at Hyacinth further modified to minimize the use of the school parking lot. Mr. William Kennedy, developer, stated that he and his brother were a small company under a time clock with the banks, and requested Board approval of the motion in order to expedite their'development. Motion carried on the following vote: AYES: Heisler, Marty, Seidman, Forrest (4) NAYS: York (1) i Mr. Kennedy asked permission to proceed with the development, at his own risk, before all the papers, plats, etc. are signed. Trustee Heisler moved, seconded by Trustee Marty, to allow Mr. Kennedy to proceed immediately, at his own risk. Motion carried unanimously. The Board recessed at 9:15 P.M. and reconvened at 9.:25, all members being pre- sent and in attendance. DEPARTMENTAL OBJECTIVES PUBLIC WORKS DEPARTMENT ives. The Board had no questions, job and report." Public Works Director Edmund Klasinski was present to discuss and answer'Board questions regarding his report on DepartmeAtal Object - btit commended Mr. Klasinski for 'a "very good- SPECIAL USE /PRD Trustee Heisler moved, seconded by Trustee 1210 GORDON (BLUS) Seidman, to remove from the table the Special Use /PRD request of Mr. T. Blus, 1210 Gordon Terrace. Motion carried unanimously. The Plan Commission had recommended denial of the petition for a 3 -lot subdi- vision since one of the lots would be created by a curved lot line and would require a variation of just under 10% for lot area. -Mr. Blus was present and submitted letters approving the subdivision from two neighbors who had objected at the public hearing. Trustee Seidman moved, seconded by Trustee York, not to accept the Plan Com- mission's recommendation and to approve the petition for a 3 -lot subdivision. Motion failed on following vote: AYES: Seidman, York (2) NAYS: Heisler, Marty (2)' Mr. Blus was advised that a,2 -lot subdivision would be approved. APPOINTMENTS: Mayor Forrest stated that he wished to recom- JANNES ZOBUS & mend the appointment of Mrs. Jannes Zobus to SYLVIA SCHNEIDER the Village Center Development Commission un- til November, 1985, and Mrs. Sylvia Schneider to the Human Relations Commission until November, 1985. ?.,26 Trustee Heisler moved, seconded by Trustee Seidman, to accept Mayor Forrest's recommendations. Motion carried unanimously. BRICKYARDS- -PLAT AMENDMENTS The Plan Commission held a public hearing on June 9, 1983, continued to July 14, 1983, C- 2(EAST) PUD FINAL PLAN to consider the petition of Mr. Sven Flod- I- 1(EAST) PRELIM. DEVEL. PLAN strom for the amendment of an existing C -2 PUD, the rezoning of land from I -1, Office Research, Restricted Industrial to C -2 Outlying Commercial; from P -1 Public Lands, to I -1, Office, Research, Restricted Industrial; and the resubdivision of Lots 3, 4, 5, 6, and 8 in the Flodstrom Subdivsion; and the amendment of a previously approved PUD development plan for Lots 4, 5, and 6. The Plan Commission recommended, on a vote of 4 to 1, to approve the rezonings requested, the resubdivision to reflect the alteration of the lot configurations, the amendment of the I -1 PUD Preliminary Development Plan to reflect the rezoning and resubdivision, and to amend the C -2 PUD as proposed to the requirement the petitioner demonstrated to the Village Engineer that the drainage plan for the expanded C- 2.parcel will be to Village requirements. Mr. Alan Stefaniak, attorney for Mr. Flodst.rom, exhibited a plan showing the originally approved C -2 PUD (lot 3) increased from slightly under 1 acre to 2.2 acres to accommodate a restaurant of approximately 15,000 square feet rather than the 4,500 restaurant originally planned. i Increase of the C -2 lot would necessitate taking land from the area zoned I -1 (lots 4, 5, 6), but the previously approved preliminary development plan for the I -1 would remain the same, except for the reworking of the lot lines to re- flect the increase of the C -2 PUD. Additional land from Lot 8 (owned by the Village) would be required to enable the petitioner to keep the lots in the I -1 PUD (lots 4, 5, 6) the same size as was originally approved. Mr. Stefaniak exhibited an artist rendering of the proposed restaurant includ- ing interior layouts. Discussion followed regarding future use of the full basement for banquet facilities (in about a year), adequacy of parking spaces (sufficient for present and future), and payment of the Village for land taken from lot 8 (priced according to the original exhange agreement), etc. Mr. Stefaniak stated that the revised proposals meet all Village requirements. Trustee Seidman moved, seconded by Trustee York, to accept the Plan Commission's recommendation and approve the requested development. Motion carried unanimously. REAPPOINT ESDA COORDINATOR Trustee Heisler moved, seconded by Trustee STANLEY RUNDELL Marty, that Mr. Stanley Rundell be reappointed as Emergency Service Disaster Association Coordinator for a period of five years. Motion carried unanimously. i CABLE ADVISORY BD. REPORT Mgr. Franz stated that at Mayor Forrest's LOCAL ACCESS STUDIO request, the Cable Advisory Board had tried to resolve by August 1 the location of the local access studio. They are reporting that, at this point, Omnicom appears to have negotiated for the location of the studio at Shepard Jr. High School. They must petition along with the school district for a Special Use. Mayor Forrest stated he was anxious to get the matter resolved. REARYARD VARIATION 1537 CROWE (HUANG) ORDINANCE NO. 0 -83 -25 SIGN MODIFICATION ZION LUTHERAN CHURCH ORDINANCE NO. 0 -83 -26 TRUCK 14EIGHT RESTRICTIONS MUN. CODE AMENDMENT ORDINANCE NO. 0 -83 -27 CONSENT AGENDA Ordinance granting variation to permit a 2 -car detached garage 2 feet from rear pro- perty line. First reading.* Ordinance granting modification to allow a double- faced, illuminated "V" sign having 56 sq. feet. First reading. Ordinance amending classifications of truck weights. *Trustee Marty moved, seconded by Trustee Seidman, to waive the rules to permit passage, on first reading, of the rearyard variation at 1537 Crowe Ave. and the sign modification for the Zion Luthern Church. Motion carried unanimously. 1 LJ 1' Trustee Seidman moved, seconded by Trustee Marty, to pass the Consent Agenda. The motion carried on the following vote: AYES: Heisler, Marty, Seidman, York. (4) NAYS: None (0) Mayor Forrest signed the ordinances, indicating his approval thereof. 227 TRAFFIC SIGNAL FUNDING Mayor Forrest recalled that there has been an COMMONS /BANK at WAUKEGAN RD. agreement between the Commons /Bank and the Village to pay a portion of the cost of a traffic light: 25% by the Village, 25% by the Commons /Bank, and the State requested to pay 50% of the cost. He stated that after exhausting most possibilities in the legislature, he was of the opinion that it would be a long time, if ever, before the State would agree to help fund the installation of the light. He, therefore, recommended that the Board consider modifying the agreement to pay half the cost if the other parties to the agreement would pay the other half. Trustee York moved, seconded by Trustee Marty, to approve the Mayor's recommenda- tion and contact the other parties in this regard. Mrs. Marty; however, questioned spending money for a traffic light at the Commons/ Bank entrances as she considered the Hoffman /Peterson /Deerfield Rd. intersection more dangerous and favored money spent for development of Access Avenue at.that point. Mayor Forrest concurred and stated that it was his intention to propose a bond issue for that purpose in conjunction with the street improvement program later this year. Ms. Susanne Snell, representative for the Commons, stated she believed that the Bank and Commons would each pay 25% of.$80,000, the figure they are using as the expected cost of the traffic light. Mr. Franz stated that the'Village estimated the cost at $80,000 to $100,000 and is using $90,000 for planning purposes. He added, however, that it's all in preliminary stages as the agreement will have to, be revised. The motion,proposing 50/50 funding for the traffic light, carried unanimously. COMMERCIAL SCAVENGER LICENSE G AND G DISPOSAL COMPANY carried unanimously. IDOT AGREEMENT ANNUAL MAINTENANCE Trustee Marty moved,,seconded by Trustee Heisler, to grant a commercial scavenger license to G and G Disposal Co. Motion Trustee Heisler moved, seconded by Trustee Seidman, to authorize the Mavor to sign the Annual Maintenance Agreement with the Illinois Department of Transportation. Motion carried unanimously. 1981 BOCA CODES - LEGAL NOTICE Trustee Seidman moved, seconded by Trustee PUBLICATION AUTHORIZED York, to authorize publication of a legal notice advising that the 1981 Boca Codes are available for Public Inspection. Motion carried unanimously. NORTH AVENUE IMPROVEMENT Mgr. Franz stated that a request from BANNOCKBURN REQUEST Bannockburn for Deerfield to share in improvements on North Avenue is similar to what was discussed about two years ago. They are presently proposing either a seal coat road with a service life of one year or a 1�" bituminous surface which might last five years. They are requesting the Village to sign an agree- ment that ties Deerfield to the improvement at some point in the future. He added that Staff was of the opinion that the possibility of FAUS money or in- cluding this item in Deerfield's street rehabilitation program could be con- sidered. He noted that Bannockburn has some concern about using federal monies, fearingthey will have an improvement attracting traffic they don't want. Staff feels that the street definitely needs improvement, and if Bannockburn is prepared to proceed at this time, Deerfield should try to work with them and undertake the improvement at whatever point in the future it is needed., Trustee Seidman noted that the Engineer responsible for the rehabilitation pro- posals had stated forthrightly in his report to Bannockburn that neither alter- native is a superior design. Trustee Seidman feared that the road work would deteriorate in two years, and it would be Deerfield's .turn to do the good job needed and spend a lot of money. 228 Discussion ensued as to whelther costs should be borne jointly at each point of improvement. Mgr. Franz favored contacting Bannockburn to proceed but that any agreement signed would leave open when the street would be improved in the future and not foreclose the option of using Faus money. The Board directed Staff to negotiate with Bannockburn and return to the Board. POLICE DEPT. VEHICLES Mgr. Franz explained the request from the APPROVAL OF PURCHASE Police Department was for cars that do not look like part of a municipal fleet and can be used for undercover, investigative work by the department. Trustee Marty moved, seconded by Trustee York, to approve purchase of a 1982 Buick Regal 4 -Door Sedan and a 1981 Olds Cutlass 4S 4 -Door Sedan at a total cost not to exceed $13,244. Motion carried on the following vote: AYES: Heisler, Marty, Seidman, York (4) NAYS: None (0) Mgr. Franz stated that a request had been received from the Drainage District for funds to pay expenses for the Engineer and Attorney. The request would fall within the $20.0,000 loan agreement since the cost of creek cleaning came to only about $129,000. They wish to pay their consultants so they can proceed with the work needed to straighten out the assessment and annexation procedures now underway. Mgr. Franz noted that the cost of the creek project had been overestimated, whereas-the estimated costs for the sanitary and storm sewer study had been too low. He added that the requested funds would still be within the general guidelinesand framework established for the $500,000 bond issue of last December. Mayor Forrest recommended that the Board grant the request of the Drainage District, but put them on notice that no more funds will be approved for future undertakings or studies. Accordingly, Trustee Seidman.moved, seconded by Trustee York, to grant the request of the Union Drainage.District No. 1 for funds remaining fromithe original $200,000 loan to pay their attorney and engineer for work done in connection with cleanup,.annexation, and detachment. Motion carried on the following vote: AYES: Heisler, Marty, Seidman, York (4) NAYS: None (0) There being no further business to come before the Board, the meeting was adjourned.at 10:30 P.M. AP OVED: Mayor TEST: Village C1 rk i