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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