01/19/19811
`L05
January 19, 1981
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 Chamber of the Village Hall on
Monday, January 19, 1981 at 8:04 P.M. The Clerk called the roll and reported that the
following were
Present: Bernard Forrest, President
Norma Gavin
Jerold L. Heisler
Cynthia J. Marty
Edwin B. Seidman
Vernon E.-Swanson
J. Robert York
and.that a quorum was present and in attendance at.the meeting. Also present were
Village Attorney James Stucko and Village Manager Robert Franz.
Trustee Seidman moved, seconded by Trustee Marty that the minutes of January 5, 1981
be approved. Motion carried unanimously.
APPROVE WARRANT Trustee Heisler moved, seconded by Trustee
NO. W -81 -1 Swanson, that payment of bills, including
fund transfers and reimbursements, be approved
for payment. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
TREASURER'S REPORT Treas. George Valentine reported that "on the
whole,the system is pretty good ": He stated
that General Fund revenues are back up to projections with several of the General
Fund revenue accounts exceeding their projection enough to make up for sales tax
receipts which are a bit less than projections. Basically, expenditures are within.
projections.
VCDC &.PLAN COMMISSION
REPORT & RECOMMENDATION
SPECIAL USE
DEERFIELD SAVINGS & LOAN DRIVE -IN
of the principal use, 3) a variation
unanimously recommended approval of
Mgr. Robert Franz reported that the VCDC con-
sidered a petition from the Deerfield Savings
and Loan for: 1) a Special Use to allow a
drive -in facility, 2) a Special Use to allow
off - street parking on a lot other than that
of landscape screening requirements. The VCDC
the petition.
Mgr. Franz further reported that the Plan Commission, following a joint public hear-
ing with the Zoning Board of Appeals on December 11, 1980 to consider the 3 -part
petition of the Deerfield Savings & Loan, recommended (ayes:6, nays: 0, abstention: 1)
approval of the request for: 1) a Special Use to allow a drive -in facility, and 2)
a Special Use to allow off-street parking on a lot other than that of the principal use.
In addition, the Plan Commission commented that.they favored a masonry wall rather
than 'chain link fencing for which variation the petitioner had sought approval from
the Board of Zoning Appeals. They also commented that they favored a wider median
strip than the 4 ft. strip proposed on the plan.
Village Attorney Stucko pointed out that the Board of Zoning Appeals has jurisdiction
in the matter of landscapirg'screening, and Mgr. Franz read minutes of the BZA showing
their reasons and vote of 4 to 1 to grant approval of the petitioner's request for
chain link fencing.
Mayor Forrest noted that mention but no recommendation had been made in the reports
regarding driveway width as well. as median strip widths and asked Att'y. Stucko for
clarification on these points. Attorney Stucko stated that these two items are not
elements of the Zoning Ordinance but are aspects of the Subdivision Code which is a
part of the Municipal Code and that the Village Board rather than the Plan Conun:.':has the
authority to consider these items. Trustee Swanson noted that without some kind of
engineering study and report it would be difficult for the Board to determine appropriate
driveway and median strip widths. Mgr. Franz stated that previous minutes of the
Community Development Group contained information in this regard and that they had
looked at the Deerfield Savings and Loan plan specifically and again when the Action
Avenue proposal was considered and felt that the proposed widths would present no
problems. �.
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Trustee Marty moved, seconded by Trustee Seidman, -.l) that the recommendation of-the.
Plan.Commission he accepted and the Village Attorney .be directed to prepare: a)-an
ordinance authorizing a-Special Use for a Drive -in Facility; and b) an ordinance
authorizing a_Special Use for off - street parking on a lot other than that.of the
principal use. 2) to vary the requirements of the Subdivision Code to provide for
a 4 ft. median.strip and 20 ft. ingress and egress driveway widths. Motion carried
unanimously.
Prior to adoption of an ordinance to vary the Subdivision Code, Staff will'recomme_nd
for Board xeview the size of median and driveway widths which should be required.
REPORT & RECOMMENDATION Mgr. Franz stated that the Plan Commission
PLAN COMMISSION had held a hearing November 13, 1980 *to con
REZONING /PUD j si.der a petition of Salvatore Buccola and
MALLIN PROPERTY James DiPietro to rezone the northernmost
parcel of land commonly known as the Fritz -
Mallin property from R -2_ (single family) to C -2 (outlying commercial) and their
request of a Special Use for a commercial planned unit development for the entire
property. The Plan Commission recommended by a vote of 7 to 0 that the rezoning
request be denied. They further recommended by a vote of 6 to 1 that if the
property were commercially rezoned as requested, the plan as presented should be
denied because it would not meet the standards for a commercial planned unit develop-
ment and the requirements of the Zoning Ordinance.
-Trustee Swanson moved, seconded by Trustee Heisler, that the recommendation of the
Plan Commission be approved and the petition be denied.
Mr. Buccola was present. He spoke to the Board regarding the proposed development
and presented an artist rendering. He submitted that the internal traffic patterns,
green areas, type of architecture, etc. indicated their attempt to protect the -
adjoining residential area. He stated that their intent was to rent to tenants
with select shops.
Mrs. Laura Lee Christoph of Briarwood Vista presented a petition signed by adjacent
property owners to deny the rezoning request and a planned unit development. Other
residents of Briarwood Vista were present and objected. Mr. Bruce Blietz, owner of-
adjacent undeveloped property to the north,stated he felt that a better means of
integration from one type of use to next adjacent properties on the north and east
could be planned.
After considerable discussion, the motion to accept the Plan Commission's recommenda-
tion and deny the petition carried by the following vote:
AYES: Heisler, Seidman, Swanson, Forrest (4)
NAYS: Gavin, Marty, York (3)
The Board recessed at 9:10 and reconvened at 9:20, ail members being present.
VCDC & PLAN COMMISSION Mgr. Franz read the report and recommendation
REPORT & RECOMMENDATION of the VCDC wherein they stated that inasmuch
REZONING R -4 to C -1 as the subject property lies within the Village
617 CENTRAL AVE. (FRECSKA) Center, the VCDC had reviewed the petition.with
particular attention to the effects that the
rezoning and re -use of the property might have upon the center,and that by a vote
of 6 -0 recommended the request be approved.
The Plan Commission held a public hearing December. 4, 1980. The Plan Commission
reported the request was in conformance with the Comprehensive Plan-and that by a.
vote of 6 -0 recommend approval of the requested rezoning. After a brief discussion
with Mr. Frecska in which it was determined that he was aware of the storm water
retention requirements in the area, Trustee Marty moved, seconded by Trustee Heisler,
to accept the recommendation of the Plan Coiranission that the rezoning be granted.
and that the attorney be instructed to prepare the necessary ordinance. Motion
carried unanimously.
VCDC & PLAN COMMISSION Trustee York expressed concern that Mr.,Harrigan,
REPORT & RECOMMENDATION the petitioner, had not indicated a specific use
REZONING R -4 to C -1 in his request and that rezoning in the area
649 CENTRAL AVENUE (HARRIGAN) might take place piece -meal. He expressed the
i! wish that individual owners might cooperate.
and request rezoning simultaneously.
Trustee Marty moved, seconded by Trustee Swanson, to accept the recommendation of the..
Plan Commission that the rezoning be granted'and that the attorney be instructed to
prepare the necessary ordinance. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Swanson (4)
NAYS:. Seidman, York (2) r
,0�
Trustee,Marty moved, seconded by Trustee Swanson, that the VCDC and Plan Commission
be directed to consider the.the. entire area,south of the Commons as one petition
for rezoning, examining in detail the good arguments, both pro and con, in this
approach.. Motion carried unanimously.
PLAN•COMMISSION Mgr.;F,ranz stated that Mr. Garrity wished
REPORT & RECOMMENDATION to build a home on a lot created by metes and
RESUBDIVISION (GARRITY) bounds rather than by formal subdivision which
HAZEL AVE. (W. OF BRIDGE) cannot be built upon until formally re- 'subdivided.
The Plan Commission held a hearing on- August 28,
1980 and continued until December 4, 1980 as a. topographical study had to be made. The
Plan Commission, by a vote-of 4 to 2, recommended approval of the re- subdivision sub -
j ect _to: the following:
1..- -The petitioner be allowed to place a private drive on the previously dedicated
right -of -way to service the proposed lot instead of a fully improved street.
A turn- around should also be provided with the turn - around and driveway both
subject to the Fire Department's approval.
2. A. .covenant be placed on all .three lots fronting on the 'unimproved right -of-
..way to provide for the development of a fully improved street at the expense
of: the owners of the three lots at such time as any one or both of'the
southernmost lots are developed.
3. If a private drive is approved, appropriate- "hold harmless" agreements be
entered into to protect the village.
After discussion with Mr. Garrity and determining that he was aware and accepted
the multiplicity of requirements (State, Village, Drainage District, etc.) that
must be met before a home can be built on his property since it lies in a flood
plain, etc., Trustee Seidman moved, seconded by Trustee Gavin, that the Plan Com-
mission report and recommendation be accepted and that the Village Attorney be
directed to prepare the necessary ordinance. Motion carried unanimously. .
Mayor Forrest requested a report by next week on the flood plain conditions of the
Garrity property.
REPORT & RECOMMENDATION Attorney Stucko stated that he wrote a letter
VILLAGE ATTORNEY & STAFF to the Mayor and Board which was a result of
PUBLIC NUISANCE ASSEMBLAGE consideration given to a recommendation which
ORDINANCE originated with the Deerfield Youth .Commission
with the backing of the Police Department. He
stated that specifically the issue he was asked to address was the desirability of
an ordinance directed toward assemblages of people on private property (parties,
activities) of a loud and boisterous nature. The police are looking for authority
to cite and hold liable for violation of Deerfield ordinances an owner of a premises
,(even though not present) where disorderly activity occurs.
Attorney Stucko stated that the same sort of legal problems presented-by the Deerfield
Parental Responsibility-law attend this matter and that again Deerfield would be
moving forward in unchartered waters, but there is ample need as expressed by the
Chief 'of Police and Youth Council and also ample precedent in that the enactment of the
Parental' Responsibility law has operated successfully. He stated that while other
communities have not enacted specific legislation, Deerfield's Home Rule powers are
a.sufficient legal basis for Deerfield to do so. He stated that he had spoken with
• member on the legal. staff of the Illinois Municipal League, and they indicated in
• general sense that his approach was a sound one and that the the reasoning process
was similar to the Parental Responsibility law. They also indicated they would be
most interested in seeing whatever the Deerfield Board adopted.
Mrs. Marty moved,.' seconded by Trustee Swanson, to approve the report and instruct the
attorney to prepar the necessary ordinance. Motion carried unanimously. Mayor
Forrest - suggested that the ordinance be reviewed with the Police Department and the
Youth Council before it is presented to the Board.
STAFF REPORT & RECOMMENDATION The Bicycle Safety report consisted of 1) a
RE:'BICYCLE SAFETY report from the Public Works Director, Edmund
Klasinski, and substantiated by Village Engineer
James'-Soyka, regarding the construction of bicycle ramps,. broken sidewalk repair, etc.,
at a total cost of $32,709.00., 2) a report from the Police Department regarding forma-
tion of a Bicycle Safety Patrol involving education and enforcement at a cost of
$11,908.00. Mgr. Franz stated that Staff was not asking immediate Board endorsement
of therepor.t but wished to give the Board the opportunity to ask questions of the
Police Department regarding its report and recommendations.
Regarding the report from Mr. Klasinski, Trustee Swanson inquired whether the ramp
construction program would be effective with or without the Lake -Cook Bicycle Path.
208
Mgr. Franz stated the proposed improvements were to facilitate traffic on major
.routes of the Village. Trustee York moved, seconded by Trustee Swanson, that the
Finance Committee consider the $32;709.00 construction costs of the program when
the next budget is prepared. Motion carried unanimously:
The Bicycle Safety Education Program will.continue in schools as well as to other
community groups. The Bicycle Safety Patrol program would-- involve: 1) hiring 0f,_
five college -age Bicycle Patrol Officers for the purpose of enforcing Deerfield's
bicycle ordinance.' The Officers would be dressed in a designated uniform, patrol.
assigned areas on their bicycles, operate as 2 -man teams, and maintain radio con-
tact with the Police Department; 2) establishment of a Bicycle Compliance Board
consisting of two college -age youth,appointed by the Mayor and trained by the
Police Department,to act as Judges in Deerfield's bi- monthly bicycle court.
Police Chief Brandt stated that the enforcement part of the program would include
ticketing adult violators but having youth appear before a Bicycle Compliance Board - --
that the chief concern of the police is for youth safety. Mr. Gerald Bard, Chair-
man of the Youth Council., stressed the importance of uniform enforcement in regard -
to adults as well as youth. Mrs. Rose Mary Stavropoulos, Chairman of the Human
Relations Commission, stated that irresponsible youth riding bicycles are a threat _
to senior citizens some of whom have been hit.
Trustee Heisler noted that whereas a pedestrian cannot compete with a bicycle, a
bicycle cannot compete with a car and that,the proposed program stressing bicycle
safety education and enforcement by Bicycle Patrol Officers was in order.
Chief Brandt stated that he had applied by.mail to the Illinois Department of.Trans-
portation for funding. While response by telephone has been positive, he will not,
know for about,ninety days whether funding will be granted. Mayor Forrest stated
that inasmuch as there appeared sufficient money in the police budget to get the....
program under way, he would personally recommend, if the Board approved, that Chief
Brandt go ahead with the program. Chief Brandt stated he would appreciate Board
approval but would still pursue State funding.
Trustee Heisler moved, seconded by Trustee Seidman, that the Board implement the
Bicycle Safety Patrol training program and instruct the Police Department to set
it up. Motion passed by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
Trustee•Marty moved, seconded by Trustee Seidman, that an ordinance be prepared
amending Art. XV of the Deerfield Vehicle and Traffic Code. Motion carried unanimously.
Mayor Forrest stated that he would like to consider the report and recommendation, of
the Manpower Commission with regard to vacancies on the.Youth Council. He recommended
the appointments of Darrell Ehlert and Neil Samuels. Trustee Siedman moved, seconded
'by Trustee Marty, that the President's recommendation to appoint Darrell Ehlert and
Neil Samuels to the Youth Council be approved. Motion carried unanimously.
CONSENT AGENDA
The following items were considered on the Consent Agenda: _
PROHIBIT PARKING An Ordinance prohibiting parking on Fair Oaks.
FAIR OAKS AVENUE Avenue between Chestnut and Forest Avenues. _.
ORDINANCE NO. 0 -81 -04 between 10 a.m. and 12 noon weekdays.
PROHIBIT PARKING
MOUNTAIN DRIVE /MOUNTAIN COURT
OVERLAND TRAIL /PORTAGE PASS
ORDINANCE NO. 0 -81 -05
INCREASE FEES
.SEWER CONNECTION
INCREASE FEES
WATER CONNECTION
SETBACK VARIATION
430 BRIERHILL RD. (SHAW)
ORDINANCE NO. 0 -81 -06
unanimously.
Ordinance prohibiting parking on Mountain
Drive, Mountain Court, Overland Trail, and
Portage Pass from 8 a.m. to 4:30 p.m. weekdays.
First reading of ordinance.
First reading of ordinance.
Trustee Seidman moved, seconded by Trustee
Swanson, to waive rules to permit passage on
first reading of ordinance granting a setback
variaticn for 430 Brierhill Rd. Motion.carried
I
209
CONSTRUCTION ON Yearly Resolution for Construction on State
STATE HIGHWAYS - Highways for work performed by Village employees.
RESOLUTION NO. 0 -81 -01
Trustee'"Seidman moved, seconded by Trustee Gavin; that the Consent Agenda be.approved,
incldding: 'passage of ordinances'prohibitinb parking on Fair Oaks Avenue, parking on
Mountain Drive /Mountain Court /Overland Trail /Portage Pass, and setback variation for
430 Brierhill Rd. On first reading).. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)'
The Mayor signed the ordinances indicating his approval thereof..
VECCHIONE Trustee Marty moved, seconded by Trustee Heisler,
PRE - ANNEXATION AGREEMENT to waive the rules to adopt the resolution on
RESOLUTION NO. 0 -81 -02 first reading. Motion - carried unanimously.
Trustee Marty moved, seconded by Trustee Swanson, to adopt the•resolu fton approving
the pre- annexation agreement. Trustee Seidman, wished to,.limit the size of the structure
to 90,000 sq. ft required for a State warrant for a traffic signal. Two residents of
Clavinia•stated their objections to annexation of the Vecchione property.`'
After a shortdiscussion of the pre - annexation provisions regarding signalization
and intersection improvements at a cost of•$160,000 to the developer, Mr. Vecchione
agreed to inclusion of an escalation clause of 10% annually from January 1983.
Motion-to-adopt resolution approving amended pre- annexation agreement passed by
following vote:
AYES: Gavin, Heisler, Marty, Swanson, York (5)
NAYS: Seidman (1)
ANNEXATION Trustee Marty moved; seconded by Trustee Swanson,
VECCHIONE PROPERTY (6.8 Acres) that the rules be waived to permit passage of the
ORDINANCE NO. .0 -81 -07 ordinance on first reading. Motion carried
unanimously.
Trustee Marty moved, seconded by Trustee Swanson, that'the ordinance annexing the
Vecchione - property (6.8 acres) be passed. Motion carried by the following vote:
AYES: Gavin, Heisler, Marty, Swanson, York (5)
NAYS:' Seidman (1)
VECCHIONE PROPERTY (6.8 acres) Trustee Marty moved, seconded by Trustee Gavin,
ZONED-I =1 that the rules be waived to permit passage of
ORDINANCE NO. 0 -81 -08 the ordinance on first reading. Motion carried
unanimously.
Trustee Marty moved, seconded ty Trustee Gavin, that the ordinance zoning the Vecchione
property (6.8 acres) as I -1 be passed. Motion.carried by the following vote:
AYES: Gavin, Heisler, Marty, Swanson, York (5)
NAYS:- Seidman (1)
REQUEST Mr. Victor Marcus of Mr. Adams Restaurant
CLASS E LIQUOR LICENSE requested a Class E Liquor License. He stated
MR. ADAPTS RESTAURANT that he had a beer and wine license, but that
== he lost business to other restaurants since he
could not serve hard liquor. Inasmuch as no Board member chose to make a motion to in-
crease the number of Class E Liquor Licenses, the Mayor advised Mr•. Marcus that in
effect his request was denied.
Trustee Marty stated that she favored raising daily meter parking fees to fifty cents.
She stated that the increase in commuter bus fares would encourage riders to drive to
the station rather than take the commuter bus. Trustee Heisler felt that bus rider-
ship should not be artificially stimulated by increase parking fees. Trustee Marty
stated that increased fees would provide funds for extra manpower in shoveling and
maintenance around the station, and that she felt that there are times when out of
necessity corners are being cut. Trustee Swanson felt the parking system is working
qu'te.well_ and he did net favor tampering with it. Trustee Marty moved, seconded by
Trustee Gavin, that parking fees be raised to fifty cents to conform with charges in'
surrounding areas. Motion failed by the following vote:
AYES: Gavin, Marty, York (3)
NAYS: Heisler, Seidman, Swanson, Forrest (4)
210
Trustee York asked Mgr.-Franz to_se'e what can be done to have 'sidewalks on one side of
both Waukegan and Deerfield Roads in the center of the Village not only plowed but
clear of ice inasmuch as many senior citizens must walk to do their marketing.. Mgr..
Franz explained the difficulties involved but will look into the matter.
Mayor Forrest asked what effect Bannockburn's decision to restrict traffic on Wilmot
and Telegraphs Roads was having on Deerfield. Chief. Brandt stated that Deerfield was exper-
iencing no particular problems, but that traffic was being diverted to Greenwood Ave.
and Deerfield Road which were experiencing a 25% increase at peak hours --- roughly
150 cars per hour.
Mayor Forrest directed that an updated report on the traffic situation be prepared for
the February 2 Board agenda.
Mgr. Franz stated that the Mayor needed to sign an amendment agreement between the
RTA and Deerfield -- -the extension for second year funding previously agreed to by
the Board. Trustee Marty moved, seconded by Trustee Heisler, that Mayor Forrest
be authorized, to sign the agreement between the RTA and Deerfield. Motion passed
by the following vote:
AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
There being no further business to come before the Board, upon motion by Trustee
Seidman, the meeting was adjourned at 10:40 p.m.
0
ATTEST:
r
Village Clerk
APPROVED:
1
Village President
1
1