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11/04/19850 November 4, 1985 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, Novem- ber 4, 1985 at 8:00 P.M. The Clerk called the roll and announced the .following were Present: Bernard Forrest, Mayor James L. Marovitz Cynthia J. Marty Harriet E. Rosenthal Edmund 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 Marty, to approve the minutes of the pre- vious Board meeting with the following correction: change adjournment of meeting from 9:35 P.M. to 8:35 P.M. Motion carried unanimously. DEPARTMENTAL OBJECTIVES Public Works Director Edmund Klasinski up- REPORT BY EDMUND KLASINSKI dated his previously submitted report, stat- DIRECTOR OF PUBLIC WORKS ing that of 212 improperly connected down- spouts, only 16 remain to be cut off. Staff is working with the Village Attorney on a notice to the homeowners. Discussion was had regarding the clearing of brush and river debris at the Carriage Way Street bridge over the Middle Fork Creek. Trustee Swanson stated that since the Village had loaned money to the Middle Fork drainage district and taxation of property owners was planned, the cost of the brush and debris clearing should be charged to the drainage district and the responsibility for future maintenance should be shifted to them. Mayor Forrest concurred. As for the West Fork Creek, the Board noted that taxation of property owners is under- way. Vegetation growth control, which the Public Works Department had undertaken, could be paid for by the drainage district and future vegetation control handled by them. Mr. Klasinski pointed out that the vegetation growth needed to be carefully monitored. Further discussion was had regarding progress of the street rehabilitation program. Mr. Klasinski stated that 95% of the street work, with the exception of that in North Trails Subdivision, would be completed by the end of the week, weather per- mitting. North Trails should be finished by December 1. The Board thanked Mr. Klasinski for a "good report." PROCLAMATION Mayor Forrest read a proclamation wherein he DEERFIELD PARK DISTRICT WEEK designated the week of November 4th as Deer - NOVEMBER 4TH WEEK field Park District Week. The Park District was chosen as one of 133 others in Class 5 (municipalities of 20,000 or under) and judged the best Park District in this Class in the entire Nation. It is the only one to be so honored this year in Illinois and east of the Mississippi River. For its excellence, it was awarded the National Gold Medal. rr i Trustee Swanson moved, seconded by Trustee Seidman, to approve the proclamation. Motion carried unanimously. MARSHALL RESUBDIVISION Reconsideration of.the Marshall Resubdivision 1308 HAZEL AVENUE at 1308 Hazel Avenue was held on October 10, PLAN COMM. REP. /RECOMM. 1985 by the Plan Commission. Their recom- mendation, on a vote of 4 -0, was that: 1) The property be divided into 4 lots, 2) The northern 25 feet of lot #4 be covenanted as proposed by the petitioner, and 3) The length of time of the covenant be 5 years rather than 2 years. Trustee Marovitz moved, seconded by Trustee Marty, to accept the Plan Commission's recommendation. Discussion ensued regarding a future 50 -foot right -of -way (instead of the usual 60- foot), half of which would be provided for by the proposed 25 -foot convent Mrs. Barbara Houpt, Village Planner, noted that narrower right -of -ways had been granted in the Hovland area,and they could accommodate the usual 27 -foot pavements with space for utilities and sidewalks. It was noted that the proposed covenant was not a dedication, but would revert back to the owner in five years if the complete right -of -way was not achieved by that time. Asked why he objected to an outright dedication of land rather than a coven- ant, Mr. Compere, attorney for the petitioner, stated that dedications made years ago in the 4 -block area had been vacated as no interest had been shown in develop- ing the interior land. Trustee Swanson stated that the present likelihood of interior development is far greater than in the past as more interest is being shown in smaller lots. Mr. Compere stated that he did not agree to a five year covenant but had rather suggested a two year covenant. He went on to say that the period of time was important since the covenant would cast a cloud on the lot and might affect its sale. Trustee Marovitz stated that it was unlikely that an agreement among all the property owners would be reached in two years.. Mr. Compere agreed, even add- ing that he doubted it could be accomplished in'five years. Trustee Marovitz sub- mitted that Mr. Compere should covenant for at least five years to give interior development a chance. Trustee York agreed. The motion to accept the Plan Commission's recommendation passed unanimously. OFFICIAL MAP A public hearing was held on September 26, PLAN COMM. REP. /RECOMM. 1985 to consider changes to the Official Map which has not been reviewed or updated since it was adopted in 1971. The Plan Commission, on a vote of 5 -0, recommended the following: Northwest Quadrant: 1) Eliminate showing North Avenue crossing railroad tracks, 2) Leave all ROW designations as shown, 3) Reflect Park Avenue portion of Access Ave. Northeast Quadrant: 1) Eliminate North Avenue crossing East Fork of Chicago River, 2) Leave ROW widths as shown. Southwest Quadrant: 1) Most ROW exist as shown or are attainable, 2) Reflect ex- tension of Country.Lane westward ending just short of Wilmot Road, 3) Eliminate Elm Street extension south of existing terminus, 4) Reflect Pfingsten -Kates Road connection, 5) Reflect Deer Lake Road connection Pfingsten /Kates, 6) Reflect Access Avenue (eliminate Action Avenue designation). Southeast Quadrant: 1) Reflect Carriage Way /Carlisle connection, 2) Eliminate "Proposed Road ", 3) Eliminate Carlisle (south) designation, 4) Leave other ROW designations as shown. Miscellaneous: 1) Waukegan Road - Leave ROW designation as shown, 2) Tollway Ramps at Lake -Cook - indicate 4 legs, 3) Tollway Spur Ramps - indicate west off ramp and east on. Discussion followed with Trustee Swanson favoring retention of the designation "thoroughfare" for that portion of Carlisle Avenue in the Southeast quadrant. Trus- tee Rosenthal pointed out that the indication of a railroad crossing at Central Ave- nue should be deleted since plans for such had been abandoned. Trustee Seidman moved, seconded by Trustee Marovitz, to instruct the Village Attor- ney to prepare an ordinance revising the Official Map to include changes outlined by the Plan Commission as well as those requested by Board members. Motion carried unanimously. TEMPORARY SIGNS The Plan Commission held a hearing on Septem- ZONING TEXT AMENDMENT ber 12, 1985 to consider an amendment to the PLAN COMM. REP. /RECOMM. Zoning Ordinance regarding temporary signs. On a vote of 4 -0, they recommended: 1. The definition section of the Ordinance should be amended to define reader board signs: Reader Board Sign - Any advertising structure having changeable copy for the purpose of advertising special events, sales or to be changed on a regular basis. .2. Article 9.1 -2, 8 should be explanded so as to prohibit reader board signs. Trustee Marty moved, seconded by Trustee Swanson, to instruct the attorney to pre- pare an ordinance amending the Zoning Ordinance to prohibit reader board signs. Discussion followed with Trustee Rosenthal asking what could be done about large, temporary advertising signs posted on the inside of store windows. It was noted that this question had arisen many times in the past, and it was found that a delicate situation situation existed... free speech restrictions could be involved in an attempt to maintain aesthetic standards. However, Mayor Forrest instructed i 89 the Village Attorney to again review the matter. The motion to amend the Zoning Ordinance carried unanimously. DFLD.ENERGY ADVISORY COUNCIL Mayor Forrest stated that the Deerfield RE: COMM. EDISON RATES INCREASE Energy Advisory Council (DEAC) had had a meeting to discuss the recent rate in -. crease granted to Commonwealth Edison by the Illinois Commerce Commission. The DEAC had found the raises excessive and unnecessary. They had sent to the Village Board a draft of a letter to.Governor Thompson wherein they asked him to recommend immediate cancellation of the increase. They urged the Board to authorize Mayor Forrest to sign and send the letter. Col. Milan Weber of the DEAC was present and detailed data which was contained in the letter regarding rates, percentages of profits, stockholders' equities, etc. which had led the DEAC to conclude that the rate increase was excessive. Discussion followed with Trustee York and Trustee Marovitz opposed to sending the type of letter drafted by the DEAC. Decision was made to have Staff draft a letter (from a different perspective) requesting Governor Thompson to use his good offices to have a review of the ICC's decision. The draft by the Staff will be shown to the DEAC for further consideration. CLASS C LIQUOR LICENSES First reading of the ordinance. INCREASE NUMBER (3 TO 4) UNLAWFUL WEAPONS Trustee Seidman moved, seconded by Trustee MUNICIPAL CODE AMENDMENT Marty, to waive the rules to permit passage ORDINANCE NO. 0 -85 -47 of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, to pass the ordinance designating throwing stars and stun guns as unlawful weapons. Motion carried as follows: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) 155 BIRCHWOOD (SCHULZ) Trustee Marovitz moved, seconded by Trustee SUBDIVISION /SPEC. USE /PRD Marty, to waive the rules to permit passage ORDINANCE NO. 0 -85 -48 of the ordinance on first reading. Motion carried unanimously. Trustee Marovitz moved, seconded by Trustee Marty, to pass the ordinance granting resubdivision with a Special Use /PRD for the property at 155 Birchwood Avenue. Motion carried as follows: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) SCHORSCH PROPERTY SW CORNER DFLD. /WILMOT RDS. REZONING FROM R -1 TO R -2 ORDINANCE NO. 0 -85 -49 Trustee Marty moved, seconded by Trustee Marovitz, to pass the ordinance rezoning the southwest corner of Deerfield and Wilmot Roads from R -1 to R -2. Motion carried on the follow - in vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) SOIL TESTING PROPERTY Action deferred until next meeting. REZONING FROM I -2 TO I -1 SOIL TESTING PROPERTY Action deferred until next meeting. SPECIAL USE /INDUS. PUD STARWOOD BUILDERS Action deferred until next meeting. STORM DRAINAGE EASEMENT APPEARANCE CODE Mayor Forrest stated that he wished to appoint APPOINT AD HOC COMMITTEE the following persons as Ad Hoc Committee members to develop criteria for a Deerfield Appearance Code: Mrs. Jannes Zobus, Chairman, member of VCDC; Kurt Hezner, A.I.A., architect with Bank Structures, Inc.; Michael Tarnow, landscape architect; Gerald Grethen, archi- tect; Edmund Zarek,, architect with O'Donnell;_ Wickland & Pigozzi, Chairman of Board of Building Appeals; S. Charles Buccola, developer, architect with Bonesz, Mass & Buccola; and David Marks, ex officio, architect, Plan Commission member. All have accepted. The Board remarked that they and the Village were very fortunate to have persons of such high caliber to serve on the Committee. Trustee Marovitz moved, seconded by Trustee Marty to approve the Mayor's appointments. Motion carried unanimously. H. PK. TOWNHOUSE PROJECT The developer of the Highland Park Townhouse SANITARY SEWER SERVICE project, Mr. Norman Meyerson, was not pre- sent to discuss his petition for Deerfield sanitary sewer service to the-townhouses he proposes to build in Highland Park, just east of the Middle Fork Creek. Mayor Forrest felt a dangerous precedent would be set in granting service outside the Village. Trustee Marovitz moved, seconded by Trustee Seidman, to table the matter until the next Board meeting. Motion carried unanimously. VIADUCT BANNER Trustee York moved, seconded by Trustee OPTIMIST CLUB Rosenthal, to grant the request of the Optimist Club for a banner on both sides of the viaduct for the period December 9 to December 23, 1985. Motion carried unanimously, Trustee Seidman abstaining. Manager Franz reported that the Joint Venture project, west of the Tollway, is requesting permission to replace the normally assigned 555 Saunders Road address with 1 Parkway North. The request will be granted since the Board had no ob- jection. LaSalle Partners, 1717 Deerfield Road, has requested the Board to agree to a dis- claimer of interest in easements that had been Louisa Lane. Attorney Stucko had drawn up such a disclaimer. Trustee Marty moved, seconded by Trustee Marovitz, to authorize the Mayor to execute the disclaimer. Motion carried on the follow- ing vote: AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) PREDESIGNATED STREET DEDICATIONS Trustee Rosenthal-asked if there was a way for the Village to be on record regard- ing desired street dedications. Attorney Stucko stated such could be part of the subdivision code. He advised asking the Plan Commission to look into the matter to consider an amendment to the Zoning Ordinance and the Subdivision Code. Trustee Rosenthal also requested a review of "dog -leg lots" and the requirement of lots to face on fully approved streets. Trustee Marty moved, seconded by Trustee Marovitz, to refer these matters to the Plan Commission for review. Motion carried unanimously. There being no further business to come before the Board, upon motion by Trustee Seidman, the meeting was adjourned at 9:20 P.M. �i6A Jaw" t iF4, ATTEST: VILLAGE C ERK ,