02/04/1980M
February 4, 1980
The regular meeting of the President and Board of Trustees of the Village of
Deerfiel,d'was call -ed to order.'by the President in the Council Chambers-of the
Village Hall on Monday, February 4, 1980,.at 8:00 P.M. The Clerk called the roll
and reported that the following were
Present: Bernard Forrest, President
Norma Gavin
Jerold Heisler
Cynthia J. Marty
Edwin B. Seidman
Vernon E. Swanson
J..Robert York
and that'6 quorum was present and in attendance at the meeting. Also present were
Messrs. James Stucko, Village Attorney, and Robert D. Franz, Village Manager.
Trustee Marty moved, seconded by Trustee Seidman, that the minutes of the regular
meeting of January 21, 1980, be approved as submitted. Motion carried unanimously.
President Forrest requested that the appointment of a new Chairman for the Environ-
mental'.-Commission be deferred until the next meeting.
PLAN COMMISSION RE: President Forrest stated that this parcel had
...HESSER REZONING been before the Board many times in the past few
years and was the subject of a lawsuit about
seven years ago, in which the Village prevailed. A residential lot on Jonquil Ter -
race,was purchased °by the Village for use as a street to serve a residential develop-
ment. This purchase was completed about eighteen months ago for the.express purpose
of serving a single family development on the property in question.
Trustee ,Seidman moved, seconded by Trustee Heisler, that the recommendation for denial
of the rezoning submitted by the Plan Commission, be accepted.
Trustee York.stated that he.agreed with the recommendation since the developer had
not come before the'Plan Commission with a specific plan for development; however,
he stated.that he believed the property should be very carefully considered for
multiple and that he did not believe it would ever be, developed for single family.
President Forrest said that only if the property were developed as single family
would the .access be used. Otherwise, the owner has first right of refusal on a
buy -back. Rolf Campbell, representing the petitioner, stated that they would pro-
vide whatever restrictive covenants the Board required which would make the develop-
ment the same as a Planned Unit Development. Otherwise,.they would go back to the
Plan Commission with a- definite plan.
Following this discussion, the motion carried unanimously, accepting the,Plan Com-
mission's recommendation of denial of the petition.
CHIEF
BRANDT RE:
Trustee Marty moved, seconded
by Trustee Swanson,
FURNISHINGS
FOR
that the Police Department be
authorized to pur-
POLICE
ADDITION
chase a Minolta EP310 copier,
at a cost of
$3,775.50. Motion carried by
the following vote:
AYES:
Gavin, Heisler,
Marty, Seidman, Swanson, York (6)
NAYS:
None (0)
Trustee Marty moved, seconded by Trustee Swanson, that the Police Department be
authorized to purchase carpeting from Wholesale Carpet and Tile Warehouse, at a
cost of $3,800. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
Trustee Marty moved, seconded by Trustee Heisler, that the Police Department be
authorized to purchase physical training equipment from Midwestern Athletic Dist.,
Inc., at a cost of $3,500.00. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS. None (0)
.x..14
Trustee Swanson moved, seconded by Trustee Marty, that the Police Department be
authorized to purchase furnishings and window treatment from Designs Unlimited,-.Inc.,. at a cost of $14,615.15. After discussion, the motion was amended to delete the
window treatment and changing the cost to $12,905.75. Chief Brandt was instructed
to secure other bids for the window treatment. Motion carried by the following,.vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6):
NAYS: None (0)
RELEASE OF ESCROW Trustee Heisler moved approval, seconded by Trustee Swanson,
VECCHIONE RESUB of the release of escrow in the amount of $12,765.42 for the
Vecchione resubdivision between Deerfield Road and Osterman
Avenue. Motion carried unanimously.
ORDINANCE - KRAFT A lengthy discussion was had regarding the inadvisability of
6 LOT SUBDIVISION approving this request since it would mean homes would front
on an unpaved road, as the easternmost lot would be served
by a driveway from Country Lane until such time as it was improved fully. After
consideration, Trustee Marty moved, seconded by Trustee Seidman, that the Village
Attorney be requested to amend the ordinance so that Lots 2 and.3 be included in the
subdivision, provided that the driveways front on a.paved road, and omitting Lot 1
from the subdivision at this time. The motion carried unanimously, first reading had.
ORDINANCE - PORTER Mr. Robert Moore, Attorney for the Porters, stated that with
5 LOT SUBDIVISION the action taken by the Board on the Kraft Subdivision, this
would mean that his client would have to wait to develop his
property until Lot 1 was developed by Kraft. He stated he was concerned about the
dedication of the 30' from Lot 1 at this time since there would be no incentive to
come back to the Board at a later date for that dedication. It was decided that
this would constitute first reading of the ordinance and -the Village Manager -and
Village Attorney were directed to set up a meeting with the parties involved in these
two subdivisions and try to work out a mutually acceptable agreement.
ORDINANCE - SPECIAL Mr. George Fink, owner of the land on which the.towers are
USE - WEEF -AM TOWERS erected, requested that the Board delay action on this ordin-
ance until the following meeting in order that new informati ,
could be discussed with the Board, in accordance with a letter which he had distributed
to the members of the Board. Mrs. Ziporyn,.Attorney for the petitioner, presented a
statement to the Board, in writing. The proposal of Mr. Fink that a trade of land
be considered, with the Village becoming the owner of the property which now has the
towers, was discussed at length. The lease between Mr. Fink and WEEF -AM expires on
December 31, 1982, after which WEEF -AM has the option to purchase. Mrs. Ziporyn
said that two of the existing towers could be removed, once the three new towers
were constructed.
President Forrest stated that it was not feasible for the Village to become the
lessor of the property on which the towers are constructed, swapping another piece
of land to Mr. Fink. Trustee Heisler said the discussion of swapping land was much
more complex than could be discussed at this meeting. Mr. Fink said that if-the
towers were approved without the trade arrangement, he - together with the co- executors
of the estate - would not be willing to enter into a lease extension with the radio
station, but would rather the radio station exercised their option at the end of 1982.
However, the radio station could not have the return on their investment in two years
time and would not put the towers up now. He suggested the Board consider the.bene-
fits to the Village from the trade of land. Trustee Seidman stated that he saw -no
real benefit to the Village and, further, that he saw no need to provide for. the radio
station.
Discussion followed on the history of the radio station for the past 14 years and
for the past year and a half since Mr. Eychaner had purchased it. Necessity of pro-
gramming in foreign languages was also discussed, with Mr. Eychaner. stating. that if
the nighttime broadcasting became a reality, this would be English language a.nd 'local
programming. He also stated that two of the towers would be removed. He expressed
his willingness to work with the Village.
,Trustee Seidman moved for approval of the ordinance granting a special use for-the
radio towers, seconded by Trustee Swanson. The motion failed by the following .vote:
AYES: Heisler. (1)
NAYS: Gavin, Marty, Seidman, Swanson, York (5)
Trustee Seidman, seconded by Trustee Swanson, moved that the ordi'nance.be adopted
granting the height variation for the radio towers. Motion failed by the following
a. vote:
115•
AYES: None (0)
NAYS: Gavin, Heisler,•Marty,.Seidman, Swanson, York (6)
.Mr.- Eychaner•asked-whether he could petition "for reconsideration in,!sixty days.
Village Attorney`Stucko pointed out that only one of the Trustees voting on the
majority side could move to reconsider either at this meeting or at the succeeding
-meeting: No Trustee so moved. Mr. Stucko stated that the petitioner could refile
with the Plan Commission if the proposal were different from that already considered.
Considerable discussion followed, with Mrs. Ziporyn stating that the spirit of the
Board had been favorable to the towers and Plan Commission Chairman Arthur Rollin
stating that Mr. Fink's request had clouded the issue and that the Board's action
would prevent the station from going to nighttime broadcasting. President Forrest
said that the interest of the citizens of Deerfield was far more important to him
and that he had not voted for the towers at any time. Several Trustees detailed
the reason for their negative votes.
President Forrest then declared a recess at 9:05 P.M. The meeting reconvened at
9:20 P.M.
STONE- ANDERSON- Village Attorney Stucko reported that he.has discussed the
BRANDEL PROPERTY changes to the Annexation Agreement requested by the Board
in conversations with Mr. Ancel, attorney for the petitioner.
The revised draft agreement was in hand and the changes had been incorporated:
.(1) the language in Paragraph 5, Page 3, was changed to specifically identify the
section of the Zoning Ordinance under which the petitioner might proceed at some
future date with either a PUD or a special use; (2) offered to extend the liability
of the petitioner for the contribution to the traffic signal at Huehl Road to co-
incide'with the.terms of the Agreement or any extension thereof; and (3) requested
an easement required for utilities be permitted by the Village at no cost to the
petitioner with responsibilities for restoration and /or repairs to be borne by
the developer': The Board felt these changes were acceptable and the matter will be
carried over to the next meeting, together with the ordinances implementing the
annexation. >
ORDINANCE 0 -80 -5 Finance Director Valentine explained the necessity for three
ABATEMENT- $6,110. ordinances to abate the $168,000 discussed at the previous
meeting.
-Trustee Marty moved, seconded by Trustee Gavin, that the rules be waived to permit
passage on first.reading of the three ordinances. Motion carried unanimously.
Trustee Heisler-moved, seconded by Trustee Swanson, that the ordinance be adopted
abating $6,110.00 from the Police Pension Fund. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None. (0)
ORDINANCE 0 -80 -6 Trustee Seidman moved, seconded by Trustee Gavin, that the
ABATEMENT - $7,775 ordinance be adopted abating $7,775.00 from the Illinois
Municipal Retirement Fund. Motion carried by the following
vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: • None
ORDINANCE "0 -80 -7 Trustee Swanson moved, seconded by Trustee Marty, that the
ABATEMENT- $137,554 ordinance be adopted abating $137,554.00 from the Debt
- Service Fund. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
'NAYS: None. (0)
EXTEND FILING DATE Trustee Marty moved, seconded by Trustee Swanson, that the
LAUREL HILL #14 PLAT filing date for the final plat for Chesterfield Development's
Laurel Hill #14 be extended for one year. Motion carried
unanimously.
-Mr., Far•id>Mustafa,-1122 Montgomery Drive, was in the audience and had requested to be
heard. He had several matters to discuss with the'Board: (1) received a ticket for
no sticker while parked in Deerbrook and.wondered whether that was legal; (2) felt
the fine of $25.00 was too high and questioned why the amount was writ-ten in when the
.ticket stated a fine of $15.00; (3) felt a stop sign was needed at Montgomery Drive
and Cranshire Court; (4) felt Wilmot Road was in bad shape and in need of repair.
He compl- invented the Public`Works Department for fixing a pot hole within one day of
the�time Mrs. Mustafa reported it:' He also stated that there was a need for a traffic
signal on Lake -Cook Road near Lake -Cook Plaza.
116
President Forrest asked Chief Brandt to increase the patrol efforts at Montgomery
and Crarishire, explaining that a stop sign could not be used :toy regulate speed.
Mr. Stucko stated that the parking lots where tickets have been= .issued are.,areas
of public access and a variety.of ordinances are.enforced in these ,lots; however,.
the location where the citation, is issued is not important but whether,or. not the
citation was valid and that is how the Courts would look at the question.
.The fine for not having a sticker was increased by ordinance recently and -the tickets
had been printed prior to the adoption -of that ordinance. The fine was increased to
encourage people to purchase the sticker rather than getting a ticket.
Wilmot Road has a soil cement surface which accounts for some of the deterioration.
The Board thanked Mr. Mustafa for attending the meeting and stated that if more
people with his cooperative attitude attended the meetings, greater cooperation
could be achieved between the Board and the residents.
REPORTS OF THE
VILLAGE CLERK
or Board of Elections.
Mrs. Clampitt reported that she had received a communication
regarding the consolidation of elections, beginning.12 /1/80,
after which all elections would be conducted by County Clerks
She will keep the Board advised about this.
Trustee Seidman question Mr. Stucko regarding the reduction of 5% on the EO m-Street
Special Assessment. Mr. Stucko said the Judge refused to accept that reduction and
did not allow it.
Mr. Franz.reported on the first five days' experience with the new bus service,
stating that the Dial -a -Ride service averaged 25 paid riders per day, with Saturday
being the best day, with 42 paying passengers.
There being no further business to come before the Board, Trustee Swanson moved,
seconded by Trustee Seidman, that the meeting be adjourned at 9:50 P.M. Motion
carried unanimously.
APPROVED:
VILLAGE PRESIDENT
ATTEST:
DEPUTY VILLAGE CLER