06/06/19771474
June 6, 1977
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, June 6, 1977 at 8:05 p.m. The clerk called the roll and reported that
the following were
Present: Bernard Forrest, President
D. Jeffrey Blumenthal
Norma Gavin
Jerold L. Heisler
Cynthia J. Marty
Edwin B.Seidman
Vernon E. Swanson
Absent: None (0)
and that a quorum was present and in attendance at the meeting. Also present were
Messrs. James Stucko, rep6resenting the Village attorney, and Norris Stilphen, manager.
Trustee Seidman moved, seconded by Trustee Blumenthal, that the minutes of the
regular meeting held May 16, 1977 be approved as corrected. (Page 143, line 22 - add
00 "truck" traffic; page 146, line 26 - add at end of line "not "). Motion carried
co unanimously.
Report- Departmental Objectives The Director of Building and Zoning submitted
Q Building & Zoning Director a report on departmental objectives. In response
to Trustee Swanson's question about the view from
Lake -Cook Road, Mr. Smalley stated restoration from the construction of the road will
be completed by July 1, 1977. He is working on the removal of the structures at the
brickyard. He has been given no date of completion on the sewer installation by the
North Shore Sanitary District. 1977 permits-for construction are ahead of the three
previous years.
Approve Consent Agenda The Consent Agenda, with one deletion, was pre -
sented for consideration as follows:
CONSENT AGENDA
Appointment of Mr. George Stanger to the Sister City Committee.
Ordinance granting rear yard variation at 440 Willow (Jennings). (0- 77 -35)
Ordinance amending subsection 11 -11(b) of Chapter 11 of the Municipal Code to permit
the sale of food on streets once annually. (0- 77 -36)
Ordinance amending Budget: Anti- Recession funds to Street Department. (0- 77 -37)
First presentation: Ordinance providing for the extension of the $4.00 per year per
user special sewer charge for a two year period.
Authorization to release $31,120.38 escrow funds to Lakeland Construction Company for
underground improvements in Laurel Hill North. -
Trustee Seidman moved, seconded by Trustee Heisler, that the rules be waived to
permit action on the ordinance.granting a rear yard variation.at 440 Willow at its first
presentation.. Motion carried unanimously....
Trustee Marty moved,.seconded by Trustee Blumenthal, that the Consent Agenda be
approved including the three ordinances listed above. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson. (6)
Nays: None (0)
The President signed the three ordinances indicating his approval thereof.
1st Presentation - Ordinance The ordinance was presented granting a variation
Granting Sideyard Variation from the provisions of the Zoning Ordinance to
Audo - 341 Pine permit the construction of a garage within 6 feet
of the side lot line in lieu of the required
8 feet at 341 Pine Street, as requested by Mr. James Audo.
Discussion was had on granting variations to permit expansion of one car garages.
Trustee Seidman said there were 35 homes with one car garages on Pine Street, and the
homeowners should be considered; it would be better to permit expansion to a two car
garage although a variation might be required. Trustee Swanson stated that if the varia-
tion is granted it may open up additional requests for variations,for two car garages
which will affect neighborhood esthetics. In response to Trustee Marty's.question,
Mr. Smalley stated he did not know the number of variations that have been granted,
but some were greater than this request.
Trustee Marty moved, seconded by Trustee Gavin, that this be considered as
a first presentation of the ordinance.
Motion carried unanimously.
P.C. Recommendation A report from the Plan Commission recom-
Harris Resubdivision mended approval of the preliminary plat
580 Standish Rd. of the one lot Harris Resubdivision at
580 Standish Road. The proposed Lot 1
will be increased in size by the addition of an unsubdivided parcel of land 85 ft.
by 100 ft. at the rear.
Trustee Heisler moved, seconded by Trustee Blumenthal, that the preliminary
plat be approved as recommended by the Plan Commission, and the President be authorized
to sign the final plat.
Discussion was had on the parcel of land added to the lot owned by Mr. Harris.
The President stated there should be a covenant to preclude a request for resub-
division of this parcel and variations which would be required.
Trustee Gavin moved, seconded by Trustee Marty, that the matter be tabled.
Motion carried unanimously.
Alt. Plans- Vecchione The President stated he and three trustees
Sr. Citizen Housing had been present at the public hearing on
Mr. Vincent Vecchione's petition for rezon-
ing, variations, street vacation and release of covenants to permit the construction
of 100 units for Senior Citizen and subsidized housing on property west of Elm Street
south of Franken Avenue. Based on the Plan Commission's and the Board of Zoning Appeals
recommendation for denial of Mr. Vecchione's petition, Mr. Vecchione has prepared an
alternate plan , and while within the legal scope of the Notice of Public Hearing,
the President recommended that the matter be sent back to the Plan Commission and
Board of Zoning Appeals.
Attorney Russell Miller and Mr. Vecchione stated that HUD's preliminary
approval expired May 22nd but has been extended for 30 days. Mr. Vecchione said he
would present a plan that will cover the points raised by the Plan Commission. If
it is not approved by the Board he will have to start over.
Several Trustees indicated they would like to hear Mr. Vecchione's plans.
The Human Relations Commission has stated there is a real need for Senior Citizen
Housing.
Mr. Vecchione stated the site proposed is the most appropriate place for
Senior Citizen housing of all the sites he has looked at, and is within walking distance
of the business district. His new plan provides for dedication of a buffer strip
of 114 feet on the west side of Elm Street across from the Deerfield Crossing con-
dominiums, the vacation of Locust, and additional parking spaces. He would also
dedicate an 80 foot right -of -way for Hackberry Road to give access to the sewage
treatment plant. No building will be constructed on the covenanted area of Lots
4, 5, 6 and 7, Deerfield Crossing Subdivision, on which only single- family residences
can be built. Mr. Miller said that Illinois permits the conditional zoning of prop-
erty and Mr. Vecchione would enter into an agreement that nothing would be built on
the site except Senior Citizen Housing - 82 units plus 18 two and three bedroom apart-
ments for low or moderate income families.
Residents voiced their opposition to Mr. Vecchione-'s proposal, citing density,
increased traffic with hazard to school children, and assurances given by Mr.
Vecchione to purchasers of Deerfield Crossing condominiums that they were protected by
a Convenant which insured the construction of only single - family residences on the
west side of Elm Street. It was suggested that an ad hoc committee be appointed to
review potential sites for Senior Citizen housing, to report back within a reasonable
time limit. A resident pointed out that there was no assurance that local residents
would be preferred for subsidized housing; in Highland Park a lottery will be used
to determine occupany.
President Forrest said the matter should be referred back to the Plan Commis-
sion or a vote taken on the Plan Commission's and the Board of Zoning Appeals' recom-
mendations.
P.C. Report - Vecchione Petition A report from the Plan Commission recom-
or Kezonlng, VacaUlon & coveffants mended denial of Mr. Vecchione's petition
149
the property west of Elm Street and east of Shepard School to the R -7 Multiple- family
District, that Hackberry Road not be vacated and the covenant on Lots 4, 5, 6, and 7,
Deerfield Crossing Subdivision not be released.
Uphold Plan Commission Recommendations
Dery Vecchione Rezoning, Vacation of
Hackberry, Release of Covenant
Trustee Heisler moved, seconded by Trustee
Swanson, that the recommendations of the
Plan Commission, based upon the Public Hearing,
be upheld.
Motion carried unanimously.
BZA Report- Variations A report from the Board of Zoning Appeals
Vecchione Petition recommended that Mr. Vecchione's request
for variations in height, density and number
of parking spaces be denied.
Uphold BZA Recommendations Trustee Seidman moved, seconded by Trustee
Vecchione Variations Swanson, that recommendations of the Board
of Zoning Appeals be accepted and upheld.
oo Motion carried unanimously.
CO The President stated that Mr. Vecchione's petition was denied.
Q The meeting was recessed at 9:45 p.m. and reconvened at 9:55 p.m., all members
present.
Authorize Execution Trustee Seidman moved, seconded by Trustee
Walker Resubdivision Heisler, that the Walker Resubdivision Plat
of property at Woodland Drive and Woodbine
be approved, as recommended by the Plan Commssion, and execution thereof authorized.
Motion carried unanimously.
Ordinance Tabled The ordinance was presented amending the
Restaurant Liquor Licenses definition of "Restaurant" to provide that
no restaurant licensee shall sell alcoholic
liquor except when full meal service is available.
Discussion was had on ratios for liquor service and dining. Trustee Seidman
moved, seconded by Trustee Blumenthal, that the ordinance be changed to permit a
maximum of 20 per cent of liquor service ratio, and a 33 per cent ratio devoted to
dining.
Motion carried unanimously.
After further discussion, Trustee Seidman moved, seconded by Trustee Blumenthal,
that the ordinance be re -typed and tabled to the next meeting.
Motion carried unanimously.
Ordinance- Recreational Liquor The ordinance was presented amending Sections
License FAILED 3 -1 and 3 -8 (7) of the Municipal Code by
defining a recreational facility and
authorizing a Class G license for the sale of alcoholic liquor for consumption on the
premises by customers of the recreational facility.
Trustee Swanson moved, seconded by Trustee Blumenthal, that the ordinance be
passed with a limitation of 5 per cent of the recreational facility for the sale of
alcoholic liquor. The motion failed by the following vote:
Ayes: Swanson (1)
Nays: Blumenthal, Gavin, Heisler, Marty, Seidman (5)
Ordinance -Mun. Code Amend. The ordinance was presented amending Section
Sec. 22 -101 Truck Traffic 22 -101 of the Muncipal Code by establishing
Restrictions (0- 77 -38) truck traffic restrictions and prohibiting the
operation of trucks weighing in excess of
10,001 pounds on any streets in the Village except Waukegan and Lake -Cook Road, and the
further exception that the operation of otherwise prohibited trucks shall be permitted
where necessary in the conduct of lawful business to reach a destination point within
the Village.
Discussion pro and con was had on the ordinance. The Chief of Police stated there
was a problem of "destination "; a truck driver going to lunch is engaged in "lawful
business.
154
Mr. Ray Bronikowski, Chestnut Street, said be had attended ipany meeting
where the truck ban was discussed and he had been assured that the 12 foot height
limitation for trucks on Deerfield Road would be retained.'
Trustee Seidman moved, seconded by Trustee Heisler, that the ordinance pro-
vide that otherwise prohibited trucks shall be permitted on any street to make a
pickup or a delivery. Adopted by the following vote:
Ayes: Heisler, Seidman, Swanson, Forrest (4)
Nays: Blumenthal, Gavin, Marty (3)
Trustee Marty moved, seconded by Trustee Seidman, that the 12 foot height
limitation for trucks on Deerfield Road be included in the ordinance.
Motion carried unanimously.
Trustee Seidman moved, seconded by Trustee Heisler, that the ordinance be
passed. Adopted by the following vote:
Ayes: Blumenthal. Heisler, Seidman, Swanson (4)
Nays: Gavin, Marty (2)
The ordinance will be re -typed for signature by the President.
Ordinance- Variations Trustee Marty moved, seconded by Trustee
Pedersen Warehouse Complex Seidman, that the ordinance be passed
(0- 77 -39) granting variations from the Zoning Ordin-
ance to authorize construction of an
office addition on a site of less than five acres, and to permit the construction
of a warehouse addition with a side yard of six inches at 747 Central, as requested
by Mr. Arnold Pedersen. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
1st Presentation - Ordinance The first presentation was made of an ordin-
Exclude 3 Hr. Parking Limitation ance to remove the three hour parking limita-
Sat:,Sun. & Village Holidays tion on Lots 1 and 4 on Saturdays, Sundays
and Village holidays.
Authorize Ordinance -Right Discussion was had on the recent ordinance
Turns on Red - Petersen & which prohibits right turns on red (south -
Hoffman at Deerfield Rd. bound) at Deerfield Road and from Hoffman
Lane (northbound) at Deerfield Road. The
Chief of Police said it was the intention to prevent crossover traffic between
Petersen and Hoffman Lane but to allow right turns on red for traffic proceeding
on Deerfield Road which helps traffic flow.
Trustee Marty moved, seconded by Trustee Blumenthal, that the attorney pre-
pare an ordinance to clarify the signing.
Motion carried unanimously.
The Board was asked to think about the ordinance and signs to replace the
present ordinance and signs.
90 Day Extension The President suggested that the Police
Riverwoods Police Contract Contract with Riverwoods be extneded for
90 days.
Trustee Seidman moved, seconded by Trustee Marty, that the contract with
Riverwoods for Police service be extended for 90 days.
Motion carried unanimously.
Ordinance -Mun. Code Amend.
Sec. 22 -164 Stop Sign
West Southbound Exit from
Lot 1 at Petersen
(0- 77 -40)
The ordinance was presented amending Section
22.164 of the Municipal Code by adding to
the list of stop streets the westerly south-
bound exit of Lot 1 at Petersen Lane.
Trustee Marty moved, seconded by Trustee
Seidman, that the rules be waived to permit action on the ordinance at its first
presentation. Motion carried unanimously.
151
Trustee Marty then moved, seconded by Trustee Seidman, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Re: Irregular Shaped Lots A letter from Mr. Stucko stated that
Mr. Smalley had advised him that the manner
of calculating lot depths on irregular shaped lots ii$ included in the revised Zoning
Ordinance which will be completed by July 1st, and therefore not ordinance has been
prepared.
Authorize Agreement -N.S. Trustee Swanson moved, seconded by Trustee Gavin,
Sanitary District- Easement that the President be authorized to sign the
Agreement between the Village and the North
Shore Sanitary District for a force main easement.
Motion carried unanimously.
CO Authorize Signature -Lake Trustee Marty moved, seconded by Trustee Gavin,
Co Michigan Allocation that the President be authorized to sign the
acceptance of the Lake Michigan Water Allocation,
Permit No. 77 -024.
Motion carried unanimously.
Award Bid Capitol Cement Co. Trustee Seidman moved, seconded by Trustee
$49564.75 Carriage Way Heisler, that the low bid of $49,564.75 submitted
Road Extension by Capitol Cement Co. be accepted for the
Carriage Way Road extension, as recommended by
the Village engineer. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays:. None (0)
Accept Bid Peter Baker & Son Trustee Marty moved, seconded by Trustee Gavin,
$60379.76 MFT Resurfacing that the low bid of $60.379.76 submitted by
Peter Baker and Son be accepted for resurfacing
under the Motor Fuel Tax Maintenance program. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays: None (0)
Accept Bid Peter Baker & Son Trustee Heisler moved, seconded by Trustee
PatchingMaterial $12.50 Ton MFT Swanson, that the low bid of $12.50 per ton
submitted by Peter Baker and Son be accepted
for bituminous patching material under the Motor Fuel Tax Maintenance program. Adopted
by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays: None (0)
Accept Bid Liberty Asphalt Trustee Marty moved, seconded by Trustee Gavin,
$1500 -Crack Filler MFT that the low bid of $1,500 submitted by
Liberty Asphalt Corp. be accepted for asphalt
crack filler under the Motor Fuel Tax Maintenance program. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays: None (0)
Accept Bid Capitol Cement Co. Trustee Swanson moved, seconded by Trustee Gavin,
$11962.25- Sidewalk & Curb MFT that the blow bid of $11,962.25 submitted by
Capitol Cement Co. be accepted for curb and side-
walk under the Motor Fuel Tax Maintenance program. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6)
Nays: None (0)
Clerk's Reports The clerk reported that submission of the pre-
liminary and final plat of a subdivision causes
certain problems in checking the plat, particularly when checking is done and the Plan
Commission's recommendation has not been received. Reference was made to the Baumann -
Wade Plat which required additional work.
152
In Chapter 2 of the Municipal Code of 1975, the last three sections
refer to the "Mayor ", not the President which is the correct title. It provides
that the Rules of Procedure of the various Boards and Commissions shall be filed
with the clerk, but none have been received. Mr. Stucko said the matter was not
important.
Reports - Communications President Forrest reported he had received
a letter from Mr. Adams restaurant
requesting a Class E license. Trustee Marty said she was opposed to a Class E
license for Mr. Adams. The President will write to Mr. Adams stating that no
license is available.
Mr. Robert York of the Chamber of Commerce stated the Peters Camera Shop
s bankrupt and an auction will be held to dispose of merchandise. About $50,000
will be taken out of town, and the Village will probably lose the sales tax.
Trustee Seidman moved, seconded by Trustee Blumenthal, that the attorney be directed
to prepare an ordinance regulating bankruptcy sales.
Motion carried unanimously.
President Forrest reported that Baxter & Woodman has submitted a report
on hydraulics. He authorized the manager to negotiate with Highland Park to see
what can be worked out.
There being no further business, on motion by Trustee Seidman and seconded
by Trustee Blumenthal, the meeting was adjourned at 12 midnight.
O
APPROVED:
President
(/ATTEST: y
Village Clerk
[1