Loading...
07/19/197637 July 19, 1976 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 Chambers of the Village Hall on Monday, July 19, 1976 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President D. Jeffrey Blumenthal Norma Gavin Edwin B. Seidman Daniel H. Stiehr Vernon E. Swanson Absent: Cynthia Marty and that a quorum was present and in attendance at the meeting. Also present were Messrs. Herbert Linn, representing the Village attorney, and Norris Stilphen, manager. Trustee Stiehr moved, seconded by Trustee Gavin, that the minutes of the regular meeting held July 6, 1976 be approved as submitted. W Motion carried unanimously. co Treasurer's Report The treasurer's report, dated June 30, 1976, was received and included cash and investment statements, detail expenditures by activity, revenue and expense statement, high- light control report and cash flow statments. Mr. Valentine stated that sales tax receipts are ahead of projection despite Northbrook Court and highway construction in the vicinity of Deerbrook. There is a one -month delay in State Income Tax receipts and therefore the receipts for one month are shown rather than for two months. He said the auditors will use estimated tax figures in the audit report. Trustee Gavin stated an article in the Waukegan News -Sun said tax estimates will be used in Waukegan and West Deerfield Townships, and asked why. Approve Warrant No. W -76 -7 Trustee Stiehr moved, seconded by Trustee Blumenthal, that Warrant No. W -76 -7 - approval of bills, including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) Proclamation -Sr. Citizens' Recognition Day 8 -25 -76 President Forrest read a Proclamation designating August 25, 1976 as Senior Citizens' Recognition Day. Trustee Swanson moved, seconded by Trustee Blumenthal, that the Proclamation be approved. Motion carried unanimously. Authorize $48 -Bus for The manager reported that the Village has been Sr. Citizens'Day requested to provide transportation to Lakewood Forest Preserve in Wauconda for Deerfield Senior Citizens. The lady who called said the cost for a bus and driver would be about $48, and all communities in Lake County provide transportation. Trustee Seidman moved, seconded by Trustee Blumenthal, that the expenditure of $48 be authorized for transportation for senior citizens on August 25, 1976. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) Approve Consent Agenda The Consent Agenda was presented for considera- tion as follows: CONSENT AGENDA Approval of payment of $8,763.23 from escrow funds to C & L Paving Company for street improvements in Chesterfield's Laurel Hill Unit No. 12. Resolution approving Amendment to Annexation Agreement between the Village of Deerfield and James E. O'Halloran, S. Guy Fishman, Edwin McGuire and Josef Ceisel. MEN Ordinance authorizing an Amendment to Ordinance No. 0 -74 -49 granting a Special Use - Planned Development - Office Complex (0.'Halloran, Fishman, Ceisel and McGuire) (0- 76 -37) Approval of final payment of $576.00 from escrow funds to W. T. Bowler and Associates for water main installation at 1354 Laurel (Holzmacher). Resolution requesting and authorizing execution of State Highway Permit for con- struction of sanitary sewer in and across Waukegan Road right -of -way, Special Assessment No. 113. Approval of appointment of official delegate to Illinois Municipal League Con- ference: Norris Stilphen, official delegate; Edmund Klasinski, alternate. Trustee Seidman moved, seconded by Trustee Blumenthal, that the Consent Agenda be approved including passage of the ordinance amending the Annexation Agreement. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed the ordinance indicating has approval thereof. 2 Class C Liquor Licenses Discussion was had on the requests of Mr. Italian Kitchen & Munch Lowell Roseman, Munch Bucket II, and John Bucket II DENIED Sciarretta, Italian Kitchen, for Class C liquor licenses for the sale at retail of wine and beer for consumption on the premises incidental to the regular prepara- tion and service of meals. It was pointed out that many minors go to these resaauratit s.'.'.Mr.Richard Houpt, Village attorney who was present for the discussion, stated age of patron was not in the ordinance; only the sale of wine or beer to persons under 19 years of age is prohibited. The President said that in his policy statement of June 8th he was opposed to the issuance of additional liquor licenses, but if the applicant meets all requirements and the Board increases the number of licenses, he, as Liquor Commissioner, will issue the license. Trustee Blumenthal said the ordinance was amended in the hope that it would attract a good restaurant.wheke drinks could be served. In response to Trustee Stiehr's question, Mr. Sciarretta stated he does not intend to exclude any person, whether a minor nor not, but beer and wine will not be served to persons under 19 years of age. After further discussion, Trustee Seidman moved, seconded by Trustee Stiehr, that an ordinance be prepared to authorize two additional Class C licenses. The motion failed by the following vote: Ayes: Stiehr (1) Nays: Blumenthal, Gavin, Swanson, Forrest (4) Abstaining: Seidman (1) Report - Central Ave. Bridge The Director of Public Works reported that Repairs the Central Avenue bridge deck repairs have been completed, signs erected and reflective paint applied to the bridge at a cost of $1,007.50 for labor and materials. Side- walk approaches will be replaced by Schroeder and Schroeder when other sidewalks in the area are replaced. P.C. Report -Resub of A report from the Plan Commission recommended Solomon's Sub. (Marshall) approval of the Chesterfield /Marshall re- Consideration Postponed subdivision of Solomon's Subdivision pro- vided that an easement is recorded along the front lot lines of the lots fronting on Wayne Avenue south of Somerset to allow for a parkway and sidewalk and a 30 ft. building line be established for these lots. The vacation of Somerset Avenue is not recommended. The most common lot size, as resubdivided, is 62+ feet in width and 136 feet in depth. Discussion was had on the proposed resubdivision. Mr. Fred Hillman of Chesterfield Development, said the price of the land and improvements dictate a selling price of homes ranging from $80,000 to $90,000. He will maintain minimum sideyards of 7 feet and a combined total of sideyards of 15 feet. The majority of lots in the vicinity have a frontage of 60 feet and are improved with houses, some smaller and some larger, than he proposes to build. The development would be com- patible with the neighborhood and would have no unfavorable impact on School District No. 110. •'•, • 39 Mr. Hillman stated it would not be economically feasible to resubdivide into lots having a frontage of 75.ft. and an area of 9,000 sq. ft as is now required, nor would he build on lots as originally platted. Lots in Laurel Hill have a minimum area of 10,800 sq. ft. If this resubdivision is approved, he will build two -story houses having a living area about 5 per cent smaller than houses in Laurel Hill but will main- tain total sideyards of 15 ft. He will vary floor plans and exterior designs as much as possible but he must cater to the tastes of customers and mansard roofs are now the most popular. Mr. Richard Lorenz, Chairman of the Board of Zoning Appeals, said the Board had recommended denial of the petition for variations in lot area, width and sideyard because they would like to see less density. Board of Zoning Appeals member Benjamin Block stated that by increasing lot widths to 66 ft. the developer could have about 65 lots meeting the present area requirements of 9,000 sq. ft. If the builder would like to submit a new plat, it would be considered. Plan Commission Chairman Thomas Whaley said he had voted against approval. He felt the Master Plan should be safeguarded which shows lots 75 ft. in width and 9,000 sq. ft. in area. Trustee Stiehr stated he was not so concerned with the width of lots, but would like to see a plat that would provide a minimum lot area of 9,000 sq. ft. Mr. Hillman stated he would analyze a resubdivison on the basis of 9,000 sq. ft. lots. President Forrest suggested the studies include the number of lots both with and without Somerset. Trustee Stiehr moved, seconded by Plan Commission's and the Board of Zoning meeting on August 2nd. Motion carried unanimously. Trustee Seidman, that consideration of the Appeals' reports be postponed to the next The meeting was adjourned at 9:35 p.m. and was reconvened at 9:45 p.m. P.C. Recommendation- A report from the Plan Commission recommended Approve Resub & Rezoning approval of the petition of Mr. John Cooper and 639 Wilmot & 1530 Central Mr. James Chandler for the resubdivision and Authorize Ordinance partial rezoning of the properties at 639 Wilmot and 1530 Central, Lots 2 and 3, Hasting's Sub- division, and approval of the preliminary plat thereof. The resubdivison and partial rezoning to R -1 will reflect the present ownership of the properties. Mr. Cooper will dedicate an additional 17 ft. for Wilmot Road right -of -way and the Plan Commission recommended that a variation be granted to allow a front yard of 21 ft. at 639 Wilmot in lieu of the required 35 ft. Trustee Seidman moved, seconded by Trustee Swanson, that the Plan Commission's recommendation be accepted and the preliminary plat be approved, and the attorney be requested to prepare the necessary ordinance. Motion carried unanimously. P.C. Recommendation A report from the Plan Commission recommended Baumann Sub. 1218 Wilmot approval of the petition of Mr. Raymond Baumann for a two -lot subdivision and the preliminary plat thereof at 1218 Wilmot Road, subject to the report of the Board of Zoning Appeals on a rear yard variation and adherence to all applicable restrictions on construction in the flood plain. A variation from the Subdivision Code is required to allow a lot depth of 100 ft. on Lot 2 of the proposed subdivision. A variation from the Zoning Ordinance is required to allow a lot area of 18,561 ft. for Lot 1 of the proposed subdivision because Mr. Baumann will dedicate an additional 17 ft. for Wilmot Road right -of -way. Efforts were made by the Plan Commission to urge cooperation between the Baumanns and Mr. Paul Wade, owner of unsubdivided property to the west, in order to subdivide this area into lots more closely in conformance with Village ordinances, but these efforts did not prove successful. Mr. Baumann stated he has tried to negotiate with Mr. Wade in 6rder._to:dene1Up .: --: a better subdivision of the two properties but he has been unsuccessful-to date. Trustee Seidman moved, seconded by Trustee Swanson, that the recommendation of the Plan Commission be approved and the attorney prepare the necessary ordinance. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Swanson (4) Nays: Stiehr (1) BZA Recommendation - Variation Bauman Sub. Authorize Ordinance A report from the Board of Zoning Appeals recom- mended that the petition of Mr. Raymond Baumann, 1218 Wilmot Road, be approved and a variation be Fri granted to permit a rear yard of 25 feet in lieu of the required 50 feet on Lot 2 of the proposed Baumann Subdivision. Trustee Seidman moved, seconded by Trustee Gavin, that the recom- mendation of the Board be accepted and the attorney be authorized to prepare the ordinance granting the variations approved by both the Board of Zoning Appeals and the Plan Commission. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Swairsan - -(4) (3) Nays: Stiehr F}y Swanson (2) Corrected 8/2/76 Trustee Stiehr stated he was opposed to these variations in principle because they are primarily for purposes of negotiation. Youth Council Report At the request of the Board of Trustees, Re:'Vandalism a report on vandalism was submitted by Mrs. Sally Martin, Chairman of the Youth Council, with an outline of the steps taken to help combat vandalism. Steps taken include movies on vandalism, slides on the Youthbound program, meetings with groups of students, and publicity in newspapers on the help that is avail- able. Mrs. Martin said there were 23 cases of vandalism in June, but most of the offenders were from out of town. Arrests are not always the best way to handle cases, she said, but with the alternative of station adjustment, the Youth Jury and youth programs she felt much was being done. All police officers are being trained to handle youth problems and the Council is trying to get more feedback from the young people. President Forrest suggested the Council go out to the schools in order to open up more communication. A letter from Mr. Tom Creighton, Youth Worker,stated a number of con- tributions from foundations and industry for the Youthbound program have not been given because, under present ILEC funding, such contributions are not tax deductible. Trustee Gavin suggested a not - for - Profit corporation be set up for contributions to the Youthbound program. Atty. to Research No- Profit Trustee Swanson moved, seconded by Trustee Corp. for Youthbound Stiehr, that the attorney research the matter of contributions to a not -for- profit corporation for the Youthbound program and report at the next meeting. Motion carried unanimously. Ordinance- Vending'Machines The ordinance providing for the licensing to be Redrafted of vending machines was presented and discussed. Decision was made that the ordinance be redrafted to require payment of a license fee of $15.00 for machines vending food or snacks costing more than ten cents, and a license fee of $50.00 for cigarette machines. Discussion Class E Liquor Regarding a Class E liquor license for License- Siegelman's Restaurant Siegelman's Restaurant in Lake -Cook Plaza, Trustee Seidman stated it was his opinion that an application should be received before the issuance of license is considered. Trustee Stiehr stated he felt the Board should prepare for the issuance of a Class E license as set forth in the Annexation Agreement, and then Mr. Siegelman should submit his application. Trustee Stiehr then moved, seconded by Trustee Gavin, that the attorney be directed to prepare an ordinance incr4 ing the number of Class E licenses by one. Adopted by the following vote: Ayes: Blumenthal, Gavin, Stiehr, Swanson (4) Nays: Seidman (1) A lengthy discussion ensued on the cocktail lounge or piano bar which is included in the plans for the restaurant. Mr. Salvatore Buccola, partner in Lake -Cook Plaza, stated there would be both tables and booths in the cock- tail lounge for the service of food with drinks but the cocktail lounge -piano bar could create some problems if the Board does not look favorably on such facilities. President Forrest stated that moving up the closing hours and an entertainment tax had been discussed with Phil Johnson prior to the Board meeting. Mr. Buccola stated elimination of music and entertainment would be a problem as well as the earlier closing hours. He stated that they are 41 negotiating with an East coast company for a high quality restaurant whose menu would not be competitive with Siegelman's Restaurant, where the average check would be about $4.50 not including drinks versus an average cost of $9 to $12 per person at the second restaurant but the second restaurant would also want a cocktail lounge. Decision was made that the matter be discussed further at a workshop meeting. Asked about a timetable, the President stated it would be 4 to 6 weeks, but Mr. Siegelman should apply for a license. He will arrange a meeting to discuss the liquor license. Trustee Seidman moved, seconded by Trustee Blumenthal, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Sideman then maoved, seconded by Trustee Gavin, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) Ordinance -Mun. Code Amend. The ordinance was presented amending Section 20.511 Iec. 20.511 2 Hr. Parking of the Municipal Code to limit parking on the Limit 75' S of Hazel & Forest west side of Forest Avenue between Hazel Avenue (0- 76 -39) and a point 75 feet south of the intersection of Hazel and Forest to two hours between 8 A.M. and 4:30 P.M. Trustee Seidman moved, seconded by Trustee Bluenthal, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Gavin, that the ordinance be passed as presented, Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed both ordinances indicating his approval thereof. Approve Transfer American A letter from the American Legion requested the Legion Class A to Class D -1 transfer of the present Class A liquor license Liquor License to a Class D -1, effective August 1, if possible. No change in fee is involved. Trustee Seidman moved, seconded by Trustee Blumenthal, that the transfer be approved. Motion carried unanimously. Delay Moving Fence to 10/15 Trustee Seidman reported that Mrs. Arthur Altman, Altman, 1550 Laurel 1550 Laurel Avenue, has planted a garden east of the fence along the sidewalk on Wilmot Road and has asked the Board to delay the requirement that the fence be moved back to the lot line until the vegetables have been harvested. Discussion was had on the date when the harvest will be completed. The manager was directed to notify Mrs. Altman that permssion is given to leave the fence in its present location until October 15, 1976. Ordinance- Mun.Code Amend. The manager stated the passage of a recent ordin- Sec. 20.511 Limited Parking ance limiting parking on both sides of Forest Forest Ave. Deerfield to Avenue between the hours of 10 A.M. and 12 Noon Hazel 10 AM to 12 Noon (Ordinance No. 0- 76 -28) has created a problem (0- 76 -38) for Mr. Arthur LeFeuvre, a paraplegic who operates a gunsmith shop business at his home at 1003 Hazel Avenue, the southwest corner of Forest and Hazel, whose customers may have no place to park between 10 A.M. and 12 Noon. He has had an ordinance prepared which prohibits parking on the west side of Forest Avenue between 10 A.M. and 12 Noon between Deerfield Road and Hazel Avenue, and on the east side of Forest Avenue between oo Deerfield Road and a point 75 feet south of the intersection of Hazel Avenue and rn Forest Avenue. The ordinance-was presented amending Section 20.511 of the Municipal Code Q to establish no parking on the west side of Forest Avenue between 10 A.M. and 12 Noon between Deerfield Road and Hazel Avenue and on the east side between Deerfield Road and a point 75 feet south of the intersection of Hazel and Forest. Trustee Seidman moved, seconded by Trustee Blumenthal, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Sideman then maoved, seconded by Trustee Gavin, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) Ordinance -Mun. Code Amend. The ordinance was presented amending Section 20.511 Iec. 20.511 2 Hr. Parking of the Municipal Code to limit parking on the Limit 75' S of Hazel & Forest west side of Forest Avenue between Hazel Avenue (0- 76 -39) and a point 75 feet south of the intersection of Hazel and Forest to two hours between 8 A.M. and 4:30 P.M. Trustee Seidman moved, seconded by Trustee Bluenthal, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Gavin, that the ordinance be passed as presented, Adopted by the following vote: Ayes: Blumenthal, Gavin, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed both ordinances indicating his approval thereof. Approve Transfer American A letter from the American Legion requested the Legion Class A to Class D -1 transfer of the present Class A liquor license Liquor License to a Class D -1, effective August 1, if possible. No change in fee is involved. Trustee Seidman moved, seconded by Trustee Blumenthal, that the transfer be approved. Motion carried unanimously. Delay Moving Fence to 10/15 Trustee Seidman reported that Mrs. Arthur Altman, Altman, 1550 Laurel 1550 Laurel Avenue, has planted a garden east of the fence along the sidewalk on Wilmot Road and has asked the Board to delay the requirement that the fence be moved back to the lot line until the vegetables have been harvested. Discussion was had on the date when the harvest will be completed. The manager was directed to notify Mrs. Altman that permssion is given to leave the fence in its present location until October 15, 1976. 42 Authorize Ordinance 25 mph Speed Limit Overland & Summit did not exceed 25 miles per hour. The manager reported that a speed survey had been made on Overland Trail and Summit Drive which showed that 85 per cent of traffic on these streets Trustee Stiehr moved, seconded by Trustee Blumenthal, that the attorney prepare an ordinance establishing a 25 miles per hour speed limit on Overland Trail and Summit Drive. Motion carried unanimously. Trustee Blumenthal asked how work was proceeding on the widening of Lake -Cook Road. The manager stated the Highway Department was talking about an August 1st date. Mr. Buccola stated they would start pouring concrete the next day. There being no further business, on motion by Trustee Seidman and seconded by Trustee Stiehr, the meeting was adjourned at 11:05 p.m. ATTEST: Village Clerk APPROVED: 6 President