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11/07/1977 (2)193 November 7, 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, November 7, 1977 at 8:12 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 and that a quorum was present and in attendance at the meeting. Also present were Messrs. James Stucko, representing the Village attorney, and Norris Stilphen, manager. Trustee Blumenthal moved, seconded by Trustee Heisler, that the minutes of the regular meeting held October 17, 1977 be approved as corrected. (Page 188, line 42- add after "contributions" of coins in the fountain; Page 190, line 25 - Strike "He" 00 insert Mr. Ghan). Motion carried unanimously. CO Proclamation - Optimist The President read the Proclamation designating Youth Appreciation Week the week of November 7th as Youth Appreciation Week in conjunction with the Optimist Club of Deerfield. Q Trustee Marty moved, seconded by Trustee Blumenthal, that the Proclamation be approved. Motion carried unanimously. Report - Departmental Objectives A report was received from the Director of Building Bldg. & Zoning and Zoning, Mr. Charles Smalley, on the-'Department's objectives. Mr. Smalley said the final draft and text of the Comprehensive Amendment to the Zoning Ordinance have been completed and public hearings will be held. Approximately 50 per cent of the cleanup work on the brickyards property has been completed. Mr. Stucko stated he had been in touch with the Trust and informed them the Village could take action, giving a list of the Sections of the Municipal Code that they can be charged with violating. He will again notify them of the violations which must be corrected. Trustee Seidman suggested a report on the violations at the next Board meeting and if no action has been taken on the violations, citations be issued. Approve Consent Agenda The Consent Agenda, with the addition of five items, was presented for consideration as follows; CONSENT AGENDA Kenneth "Kie" Taylor for I.M.R.F. Executive Trustee Election. Appointment of Mr. Jack Johnson to the Comprehensive Plan Review Committee. Ordinance amending Section 22 -45 of the Municipal Code to provide for No Left Turns from or onto Petersen Lane at the Jewett Park Community Center. (0= 77 -69) Ordinance amending the Municipal Code by adding a new Section 19 -42A to require the ramping of new and reconstructed sidewalks at street intersections. (0- 77 -70) Ordinance to provide for the local improvement of Kates Road, Special Assessment No. 114. (0- 77 -71) Appointment of James Stucko and Philip Cole as Commissioner and Deputy Commission for Special Asssessment No. 114, Kates Road improvements. Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance providing for the improvement of Kates Road, Special Assessment No. 114, at its first presentation. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marty, that the Consent Agenda be approved, including passage of the three ordinances. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinances indicating his approval thereof. 194 P.C. Report- Rezoning & Sp. Use B Dist. 3005 Lake -Cook Rd. DENIED The report stated the proposed and represents the highest and The report of the Plan Commission recom- mended that the property at 3005 Lake - Cook Road be rezoned to B- Business District with a Special Use granted for a restaurant. use would not adversely affect neighboring properties best use of the land. The vote was 4 to 2 . Mr. Stucko stated two public hearings had been held on the matter - the first a hearing by the Plan Commission on October 13th and the second a hearing by the Board of Trustees on the annexation agreement. The Plan Commission's recommenda- tion can either be approved or rejected. If approved the necessary ordinances and resolution can be prepared and acted on at the next meeting if the rules are waived, otherwise action will be taken at the first meeting in December. In answer to Trustees' questions, Mr. Sellas, owner of the subject property, said the building will be of plaster, a cocktail lounge would be provided for diners and the restaurant would close its doors at 10:30 p.m. No liquor will be.. ; served unless with dinner. A piano will be provided for diners and the upstairs rooms. Mr. Sellas plans to have only service bars and will turn away those who come in only for cocktails. A large number of residents who opposed the proposed use were present. Petitions were presented signed by 658 residents and it was stated that more were in the mail. Approximately 50 per cent of the signers are from Deerfield Park and Laurel Hill Subdivision, the remainder from other sections, all opposing the proposed use. A petition was received signed by more than 20 per cent of the owners of property across the road from the Sellas tract protesting the rezoning, in accordance with Illinois Revised Statutes, 1975, Chapter 24, Section 11- 13 -14. Residents who spoke in opposition to the proposed use included Stan Gass, Norman George, James Zaio, Carmelita Marquardt, Clifford Rumsey and Ruth Washington. It was the opinion of several that the property should be developed as Office and Re- search or Light Manufacturing and a restaurant was not consistent with homes across the street. The fear was expressed that a restaurant could set a precedent for a commercial strip development along Lake -Cook Road. All speakers asked the Board to respect the wishes of the residents and deny the petition. Mr. Thomas Burney, attorney for Mr. Sellas, stated there would be no effect on the health or safety of the community and the proposed use was the highest and best use of the property. He said the revenue from the restaurant would have a beneficial impact on Village finances and there would be no possible injury to residences on the north side of the road. He pointed out that Mr. Sellas has rights and asked that the Board accept the Plan Commission's recommendation and authorize the necessary ordinances. Two letters were received asking approval of the restaurant. Mrs. Laura Lee Christoph, Evergreen Place, said she would hate to see the Village lose control of the property south of Lake -Cook Road, but expressed concern about valet parking and the waiting line of cars of people who have reservations. She also pointed out that this area has not reached the saturation point for rest- aurants. After further discussion of the Plan Commission's report, Trustee Marty moved, seconded by Trustee Gavin, that the reommendation of the Plan Commission be accepted and the attorney be authorized to prepare the necessary ordinances and resolution with an additional 30 foot setback from the edge of the pavement of Lake -Cook Road and a landscaping plan be submitted and approved. President Forrest urged a vote against the petition, stating it would be spot zoning, and he felt there were a sufficient number of liquor licenses although he would support a liquor license for a restaurant in the central business district. Further discussion was had and the motion failed by the following vote: Ayes: Blumenthal, Gavin, Marty (3) Nays: Heisler, Seidman, Swanson, Forrest (4) Mr. Stucko said action should be taken on the petition for annexation and the annexation agreement. Trustee Seidman moved, seconded by Trustee Swanson, that the Village attorney be directed to prepare the resolution authorizing execution of the annexation agree- ment and the ordinance annexing the property. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) 195 Mr. Burney said his client may desire annexation to Deerfield with an A -1 single - family residence classification inasmuch as the two properties would be easier to sell if both were in Deerfield with sewer and water available. Trustee Heisler moved, seconded by Trustee Seidman, that the previous motion be reconsidered. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Blumenthal, that the attorney be directed to prepare an ordinance to annex the property without an annexation agree- ment and with an R -1 classification. Motion carried unanimously. The meeting was recessed at 9:30 p.m. and reconvened at 9:45 p.m., all members present. Re: Recycling The report from the Environmental Commission was not ready regarding the establishment of a recycling program for bottles and cans. The manager said if the program is approved by the Board there should be adequate fencing and bins for glass. He gave a report on amounts paid to the Village from the sale of paper. UU Approve Loans to A report from the Finance Committee stated the CO Library Board Library Board would run out of funds about the middle of December because of a mid - December billing of the second installment of taxes. The Library Board can borrow from the Village or issue short term tax anticipation warrants which may be looked on as sus - pect. The treasurer recommended that the Village be prepared to advance up to $50,000 to the Library to provide funds to operate until tax revenues are received. Trustee Marty moved, seconded by Trustee Swanson, that the recommendation be accepted and the Finance Committee's report be implemented. Motion carried unanimously. Re: Audit The Finance Committee met with the auditors, Touche Ross, and will accept the audit when the final report is received. The President signed the release prepared by the auditors. Ordinance - Budget Amendment The Finance Committee having recommended certain $44000 for Land Acquisition amendments to the Budget, the ordinance was (0- 77 -72) presented amending the Budget by adding to the Administration Account No. 53 an additional $44,000 for land acquisition. Trustee Marty moved, seconded by Trustee Gavin, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Marty then moved, seconded by Trustee Gavin, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) ,Nays: None (0) lst Presentation - Ordinance The first presentation was made of the ordinance Parking Lot Budget Amendment amending the Budget for commuter parking lots. Trustee Swanson said he was concerned about combining both the federally funded commuter parking lots and those paid for solely by the Village. The President agreed that separate accounts be established for the federally funded and the Village financed parking lots. Finance Committee Report A report was received from the Finance Committee Police Addition - Design regarding the Police addition and a supplemental Authorized report from the Village treasurer. The architect's estimate of cost of the addition is now $919,000 including the architect's fee of $75,000. Proposed financing includes a $100,000 advance from the General Fund, $425,000 from Revenue Sharing, and outside financing of approximately $375,000. Trustee Marty moved, seconded by Trustee Seidman, that the architects, Loeb Schlossman & Hackl, be authorized to proceed with the design of the Police addition and the method of financing be accepted. Motion carried unanimously. Refer Comp. Amend. toZ.O. Trustee Marty moved, seconded by Trustee Gavin, to P.C. for Public Hearing that the proposed Comprehensive Amendment to the 196 Zoning Ordinance be referred to the Plan Commission for public hearing, and the Planned Development section be included for discussion. Motion carried unanimously. P.C. Report - Loeffl Resub. A report from the Plan Commission recom- 845 Beverly, Approve Resub. mended approval of the Loeffl Resubdivi- & Preliminary Plat Sion of Lots 10, 11 and 12, Cornell's Addition to Briarwoods, 845 Beverly Place, and approval of the preliminary plat. The applicant is Mr. Michael Loeffl, and the two lot resubdivision if in compliance with the Zoning Ordinance. Trustee Seidman moved, seconded by Trustee Marty, that the Plan Commission's recommendation be accepted and the preliminary plat of the Loeffl Resubdivision be approved. Motion carried unanimously. BZA Report- Steiner Variation A report from the Board of Zoning Appeals 925 Osterman - Authorize Ordinance recommended that variations be granted to permit the construction of a second floor addition with a side yard of 4.49 feet and a total combined side yard of 9.92 feet at 925 Osterman Avenue, as requested by Mr. and Mrs. Michael Steiner. Trustee Heisler moved, seconded by Trustee Seidman, that the recommenda- tion of the Board of Zoning Appeals be accepted and the attorney be directed to pre- pare the ordinance granting the variations. Motion carried unanimously. P.C. Report- Approve Vecchione A report from the Plan Commission recom- Resub. & Preliminary Plat mended approval the three lot Vecchione 343 Landis Lane Resubdivision at 343 Landis Lane and approval of the preliminary plat of re- subdivision, as requested by Mr. Vincent Vecchione. All lots comply with the Zoning Ordinance. Trustee Marty moved. seconded by Trustee Swanson, that the recommendation of the Plan Commission be accepted and the preliminary plat of resubdivision be approved. Motion carried unanimously. P.C. Report - Lipowich P.D. A report from the Plan Commission recom- Lots 98 & 99, Hovland Sub. mended approval of the three lot Planned Approve & Authorize Ordinance Development of Lots 98 and 99, Hovland's Subdivision, on Gordon Terrace, with the rear 30 feet dedicated for a future street, as requested by Mr. Maury Lipowich, and approval of the preliminary plat. Trustee Seidman moved, seconded by Trustee Heisler, that the recommendation of the Plan Commission and the preliminary plat of resubdivision be approved, and the attorney be directed to prepare an ordinance authorizing a Planned Development of Lots 98 and 99, Hovland's Subdivision. Motion carried unanimously. P.C. Report - Everding Resub. Lots 42 & 43, Drfd. Park Land & Improve. Assn. Sub. Block 8 Approve Resub. & Prelim. Plat and Hazel, as requested by Mr. Paul is impossible to purchase additional A report from the Plan Commission recom- mended approval of the Everding consoli- dation of Lots 42 and 43, Deerfield Park Land and Improvement Association Subdivision, located on Sheridan Avenue between Somerset Everding. Each lot is 25 feet by 150 feet and it property to increase the lot width. Trustee Marty moved, seconded by Trustee Gavin, that the report of the Plan Commission be accepted and the preliminary plat be approved. Motion carried unanimously. P.C. Report- Robinson Resub. A report from the Plan Commission recom- Outside Village- Approve & mended approval of the Robinson Resubdivi- Signed Sion on Hickory Knoll, outside the corporate limits but within the jurisdictional area and zoned UR -1 Residential District in Lake County. 197 Trustee Seidman moved, seconded by Trustee Gavin, that the recommendation of the Plan Commission be approved and execution of the Plat of Resubdivision be authorized. Motion carried unanimously. P.C. Report -P.D. Lot 1 A report was received from the Plan Commission Laurel Hill Unit 11, 225 Fairview recommending approval of the Planned Development Kodym- Approve & Authorize Ordinance of two lots, a subdivision of Lot 1, Chesterfield's Laurel Hill, Unit 11, at 225 Fairview, as re- quested by Mr. Howard Kodym, and approval of the preliminary plat of resubdivision. Trustee Seidman moved, seconded by Trustee Gavin, that the Plan Commission's recommendation be accepted, the preliminary plat be approved, and the attorney be directed to prepare the ordinance authorizing the Planned Development. Motion carried unanimously. P.C. Report- Chesterfield P.D. A report from the Plan Commission recommded denial Refer Back to P.C. of the application of Chesterfield Development Corporation for a Planned Development of Lot 101, co Hovland Subdivision, into three lots without a 30 foot dedication at the northern end of the property for a future street. The property is located oti the northwest corner of CD Birchwood and Lake -Cook Road. Discussion was had on the proposed resubdivision and whether an east -west street was desireable for the future development of this block. Trustee Marty moved, seconded by Trustee Seidman, that the matter be referred back to the Plan Commission with a question on how the Commission wants the entire block to be developed. Motion carried unanimously. Approve Agreement Presbyterian The Agreement was presented between the Presbyterian Home - Purchase of Lot 17, Schwab's Home and the Village for the sale to the Village Hillside Sub. Subject to Home's of Lot 17, Fred Schwab's Hillside Subdivision, Approval - Authorize Ordinance for the extension of Somerset Avenue. The Village agrees to purchase the property for a total princi- plat consideration of $21,500 which, together with interest, shall total $27,885.50; upon closing the Village will make a cash payment of $2,150, the balance to be paid in equal installments with interest on the unpaid balance at 6 per cent per annum, payments to begin December 1, 1978. Mr. Stucko said the agreement was satisfactory to Mr. Kimball, but had not been approved by the Home's lawyers. Trustee Marty moved, seconded by Trustee Heisler, that the Agreement be approved subject to the approval by the Presbyterian Home lawyers, and the attorney prepare the necessary ordinance. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) 1st Presentation - Ordinance The first presentation was made of an ordinance No Parking Elm St. 10 AM to Noon prohibiting parking on both sides of Elm Street Osterman to Franken from Osterman to Franken Avenue between the hours Change to Sunset to Central of 10 a.m. and 12 noon. A letter was received from the Secretary of Deerfield Crossing Association who stated the parking ban between 10 a.m. and noon would cause hardship to residents of Deerfield Crossing and it was his opinion that few commuter cars would be parked south of Central. Mr. Frank Spannraft, 735 Chestnut, stated the real problem with parked cars was between Sunset and Osterman. The street is narrow and, with cars parked solidly on the east side of Elm Street, a car travelling south has difficulty if it meets a car going north. Fire vehicles and school buses use Elm Street, and the commuter parking creates great difficulty for these drivers. There are four houses on the section of Elm Street and the owners experience great difficulty in backing out of their driveways and it is impossible for guests to park in front of their homes during the day. Mr. and Mrs. Vernon Meier, Elm Street, confirmed the conditions that Mr. Spannraft complained about. The manager said it has been proposed that the Budget for next year provide funds for a parking lot east of the Elm Street pavement, and if this is made available the 198 Board could eliminate non - resident parking. Discussion was had on limited parking and Trustee Blumenthal stated he originally had proposed limited parking south of Sunset. Mr. Spannraft also proposed that no parking be permitted at any time from the entrance to the parking lot south to the telephone pole. The exit driveway from the parking lot is often used because parked cars block the entrance driveway. Trustee Blumenthal moved, seconded by Trustee Gavin, that the ordinance be changed to prohibit parking on both sides of Elm Street between the hours of 10 a.m. and noon from Sunset Court to Central Avenue. Motion carried, Trustee Seidman voting Nay. Trustee Seidman moved that the parking limitation be extended to Franken Avenue but the motion failed for lack of a second. Trustee Heisler moved, seconded by Trustee Marty, that the ordinance establish a no parking zone from the entrance to the parking lot south to the telephone pole on Elm Street. Motion carried unanimously. Village Market Request Mr. Salvatore Fanara and Richard Ricordati, Liquor License - Authorize owners of the Village Market, submitted a Ordinance 1 Additional Class A request for a Class A (package) liquor License license. They have added a delicatessen, flowers, a bakery, greeting cards, and special foods to meet competition from stores in nearby communities. They ask for a liquor license to make available a one -stop service. Mr. Richard Ross, attorney for the owners, said they would carry liquor as a service to their customers, and with the holidays coming up they will need a liquor license to meet their customers needs. Trustee Blumenthal moved, seconded by Trustee Gavin, that the attorney be directed to prepare an ordinance to provide an additional Class A license for the Village Market. Motion carried, Trustee Marty voting Nay. Reports The Board approved the manager's request for the installation of a fence on the east side of the roadway leased from the Deerfield State Bank for purposes of privacy for the people living on Todd Court. The cost of the fence will be approximately $700. Discussion was had on the proposed vacation of Journal Court. It was suggested that warning tickets be placed on the cars this week, stating that on Monday tickets will be issued for parking violations. The loading zone signs for Wilson's glass store have been installed and three parking spaces have been allocated for Wilson's loading zone, but there has been an objection to reservation of this space for Wilson. Decision was made that the signs be changer to read "Loading Zone" only, omitting reference to Wilson. The manager reported that commuters park all day in the Village Hall driveway, creating a problem. Trustee Seidman moved, seconded by Trustee Heisler, that the attorney prepare an ordinance setting the same limitations and conditions as for Village lot No. 1. Motion carried unanimously. Ordinance -Mun. Code Amend. The ordinance was presented amending Sec. 12 -18(d) Scavenger Rates Section 12 -18(d) of the Municial Code (0- 77 -73) by setting the charge for residential scavenger service at $2.00 per month for once a week service and $3.60 per month for twice a week service, plus an additional 10 percent for late payment. The treasurer stated the 5 year contract included an escalator clause and the company has asked for the increase. The increase has been approved by the Finance Committee. Discussion was had on the effective date of the increase and decision was made that that the effective date be October 1, 1977. Trustee Blumenthal moved, seconded by Trustee Seidman, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. 199 Trustee Blumenthal moved, seconded by Trustee Seidman, that the ordinance be passed with an effective date of October 1, 1977. 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. Defer Approval of Assumption Mr. William Vander Velde, President of Standard of Contract byStandard Refuse Refuse Disposal, Inc., wrote that SCA Services Disposal Inc. desires to assign their contract with the Village of Deerfield to Standard Refuse Disposal of Illinois, Inc. He listed the equipment owned by the company and submitted a copy of insurance coverage. Mr. Stucko stated the Board should take no action until a rider to the contract has been received and a letter from the bonding company. He will prepare the rider. There being no further business, on motion by Trustee Heisler and seconded by Trustee Swanson, the meeting was adjourned at 11:20 p.m. ATTEST: Village Clerk APPROVED: President