08/03/19812, 67
August 3, 1981
The*reoular.meeting of the 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, August 3,
1981,'at' 8:05 P.M. The Clerk called the roll and announced that the following were:
and that a quorum was present and
Village Attorney James Stucko and
Present: Bernard Forrest, President
Marvin W. Ehlers
Jerold L. Heisler
Cynthia J. Marty
Edwin B. Seidman
Vernon E. Swanson
J. Robert York
in attendance at the meeting. Also
Village Manager Robert Franz.
present were
Trustee"S'eidman moved, seconded by Trustee Marty, that the minutes of July 20, 1.981
be approved as presented. Motion carried unanimously.
PROCLAMATION Mayor Forrest read a Proclamation wherein he
CINDY RADTKE WEEK IN DEERFIELD designated August 3 through August 9, 1981
AUGUST 3 to AUGUST 9 as Cindy Radtke Week in Deerfield. Miss
Radtke was chosen Miss Lake County and will
represent'the Village of Deerfield in the Miss Illinois County Fair Competition.
Mayor Forrest and the Board congratulated Miss Radtke and Mayor Forrest presented her
with the signed and sealed Proclamation.
DEPARTMENTAL OBJECTIVES Public Works Director Edmund Klasinski was
PUBLIC WORKS DEPARTMENT present to discuss or explain his written re-
port regarding completed and on -going projects
of the Public Works Department. Following a
short discussion, Trustee York noted that the departmental expenditures (taken as a
whole) were under projections, and he commended Mr. Klasinski for excellent management
of his department. Mr. Klasinski reported that installation of the traffic signals at
Deerfield and Waukegan Roads had been underway,for a week... going slowly, but pro-'
ceeding. He stated that the Operating Engineers' strike, delaying completion of the
Waukegan Road project had necessitated changes in the work schedules of the Public
Works Department. Mayor Forrest inquired, "Is there anything that .can be done about
the sidewalks along Waukegan Road ?" Mr. Klasinski replied that he and Mgr. Franz
had taken pictures of the Waukegan Rd. condition and Vil. Eng. Soyka had written
to the State describing hazards to pedestrians, expecially children who would be,
going to and from school and will be needing sidewalks. Mgr. Franz added that they
hoped to have some response from the State by the end of the week as to what they
intend to do about either a permanent or temporary solution. Mayor Forrest requested
a report on the situation for the next Board meeting, and thanked Mr. Kalsinski for
his report..
STOP SIGNS Mayor Forrest stated that a public meeting
SAFETY "O: CIL REPORT & RECOMMEND. regarding proposed stop sign changes had been
held.on July 20, 1981. Citizens attending the
meeting had strongly favored leaving intact the stop signs at Warrington /Margate and'
Hazel /Broadmoor -.'.. Also, Trustee Seidman had indicated at the public meeting that he
favored leaving in place the Eastbound and Westbound stop signs on Osterman at Chest-
nut.
The Board then discussed each sign change recommended by the Safety Council. A Cedar
Terrace resident objected to the proposal to place a stop sign on Pine at Arbor Vitae
on the grounds that motorists would use Cedar Terrace (a street narrower than Pine)
to avoid the stop sign on Pine. Following consideration of each recommended change,
Trustee Seidman moved, seconded by Trustee Marty, that the Village Attorney be in-
structed to prepare an ordinance for the following stop sign changes:
Meadowbrook /Margate Remove stop sign on Margate
Kingston /Oxford Add stop signs on Kingston - EB & WB
Carol /Berkley Remove NB stop sign
Holmes / Appletree Add Yield sign on Holmes at Appletree
Elm /Franken Remove EB stop
Cherry /Dead End
Fairview /Dead End Replace stop sign at end of street with
Forestway /Dead End reflective cross -hatch barrier
Elm /Dead End
Whittier /Dead End
Greenbriar /Dead End_,_
Motion carried unanimously. The remaining stop sign changes recommended by the Safety
Council for consideration will be on the Board's agendas for September 8 and October 5.
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FIRST FEDERAL S & L OF WILMETTE Mgr. Franz reported that the petitioner,
RE: SOUTHWEST CORNER OF First Federal Savings & Loan of Wilmette,
OSTERMAN & WAUKEGAN wished to rezone the property (at the
southwest corner of Osterman and Waukegan
REZONING & SPECIAL USE Rd.) from R -4, Single Family and Two - family
P.C. REPORT & RECOMMEND. District, to the C -1, Village Center District.
and They are also requesting a Special Use for a
REAR YARD VARIATION & drive -in banking facility. After a public
SCREENING MODIFICATION hearing held July 9, 1981, and consideration
BZA REPORT & RECOMMEND. of findings, the Plan Commission recommended,
and by a vote of 6 to 0, that the petitioner's
DRIVEWAY WIDTH & VARIATION request for rezoning to C -1 and a Special
VIL. ENG. REPORT & RECOMMEND.' Use for a drive -in facility be approved sub-
ject to the following:
1) No left turns be allowed onto Waukegan Rd. from the Southeastern exit;
2) The property's interior lighting be designed so that the properties across
the street to the east be minimally impacted;
3) The trash receptable be screened;
4) The property be only used for the use designated and, if the proposed use
is not developed or ceases after it is established, the zoning of the property
shall revert to its original classification.
Mgr. Franz also reported that the Board of Zoning Appeals had held a public hear-
ing on July 21, 1981 to consider the petition of First Federal Savings & Loan of
Wilmette for a variation to permit: 1) modification of the requirements for perma-
fient screening adjacent to parking areas, and 2) a variation of the minimum back-
yard requirement. The BZA recommended the granting of both variations by a vote
of 5 to 0.
Mgr. Franz then read the Village Engineer's recommendation regarding the request
of First Federal Savings & Loan for a variation from the ordinance requirements
allowing a maximum of 12 -foot driveways to permit two 14 -foot driveways at the
north end of the property at Osterman Ave. The Vil. Engineer recommended that
the Board grant a variation to permit a 14 -foot inbound driveway but deny the
request for a 14 -foot outbound driveway since outbound traffic will be at slow
speeds and a 12 -foot driveway may discourage left turns off Osterman by westbound
motorists.
Considerable discussion followed (with Mr. Robert Lerch, Vice Pres. of First
Federal S &L, Attorney Douglas Naughton, and Chief.of Police Richard Brandt
participating) regarding: 1) the advisability of proposed "No Left Turn" signs
and police enforcement of such signs, 2) the possibility of a 3 -lane driveway at
Waukegan Rd. and State requirements and /or permission, 3) the disposal or sand
filling of underground gas tanks, etc. The Board instructed Mgr. Franz and Eng.
Soyka to investigate the driveway widths at McDonalds as a possible pattern,for
First Federal's Waukegan Rd. driveway, check out the'State's driveway requirements,
and report at the next Board meeting.
Trustee Heisler moved, seconded by Trustee Marty, that the PLAN COMMISSION REPORT AND
RECOMMENDATION regarding the request.of First Federal Savings and Loan of Wilmette and
Checker Oil Co. for the rezoning of the southwest corner of Osterman Avenue and Wauke-
gan Rd. from R -4 to C -1 and for a Special Use to,permit a drive -in banking facility,
be approved,and that the Village Attorney be instructed to prepare an ordinance re-
zoning the property to C -1 and granting a Special Use subject to conditions 2, 3, and
4, as outlined in the Plan Commission's recommendation, with the 4th condition corrected
to eliminate reference to a reversion in the zoning classification. Motion carried
unanimously.
Trustee Seidman moved, seconded by Trustee York, to accept the report and RECOMMENDA-
TION of the BOARD OF ZONING APPEALS to grant a variation in the minimimum rear yard
requirements and modification of the requirements for permanent screening as petitioned
for by the First Federal Savings and Loan Association of Wilmette;• and that the Village
Attorney be instructed to prepare the necessary ordinance. Motion carried unanimously.
Trustee Marty moved, seconded by Trustee Seidman, to accept the VILLAGE ENGINEER'S.+
RECOMMENDATION to permit a 14 -foot inbound driveway and require a 12 -foot outbound
driveway at Osterman Ave., and that the Village Attorney be instructed to prepare
the necessary ordinance amending the Municipal Code. Motion carried unanimously.
REAR YARD VARIATION Mgr. Franz stated that the BZA had held a,
65 CODY COURT (BROWNSTEIN) public hearing July 21, 1981 to consider the
petition of Mr. and Mrs. Robert L. Brownstein
to permit the construction of a sideyard room addition on an existing nonconforming
structure having a 25 -foot rear yard set -back in lieu of the required 40 -foot rear
yard. The BZA on a vote of 5 to 0 recommended that the variation be granted as hard-
269
ship was shown. Trustee Seidman moved, seconded by Trustee Ehlers, that the recommenda-
tion of the BZA be accepted and the Village attorney be instructed to prepare the neces-
sary ordinance. Motion carried unanimously.
GARAGE SALES Mgr. Franz stated that the Board had asked the
P.C. REPORT & RECOMMENDATION Plan Commission to review the present garage
sale permit requirements, and that accordingly,
the Plan Commission had held a public hearing July 9, 1981, and unanimously recommended
that the existing temporary use provision for garage sales be retained. Trustee Marty
moved, seconded by Trustee Seidman, to accept -the Plan Commission's recommendation and
retain the present requirements for Garage Sales. Motion carried unanimously. How-
ever, Mayor Forrest expressed opposition to retention of the requirements.
PERSONAL IMPROVEMENT FACILITIES Mgr. Franz stated that the Plan Commission had
C -2 PERMITTED USES . held a public hearing on July 9, 1981 to consider
P.C. REPORT & RECOMMEND. the petition of Joseph Connelly, 7326 N. Ridge
Rd., Chicago, Illinois, to amend the list of
permitted uses in the C -2 district to permit a school which teaches Korean self- defense
discipline. The Plan Commission recommended (by a vote of 5 to 1, with 1 abstention)
that the C -2 permitted uses be amended to include the.proposed text amendment for self -
improvement facilities. After a short discussion, Trustee Ehlers moved, seconded by
Trustee York to accept the Plan Commission's recommendation and to amend the C -2 per -
mitted'uses as petitioned-and instruct the Village Attorney to prepare the necessary
ordinance. Motion carried unanimously.
APPOINTMENTS: Mayor Forrest stated that he recommended
EDNA SCHNEIDER TO MANPOWER COMM. appointing Edna Schneider (Manpower Commission
RICHARD LONGTIN TO VCDC recommendation) to the Manpower Commission to
fill an unexpired term to November, 1981, and
Richard Longtin, President of the Deerfield Common's Merchant Assn. to the Village
Center Development Commission. Trustee Swanson moved, seconded by Trustee Ehlers,
to accept Mayor Forrest's recommendations. Motion carried unanimously.
DIAL -A -RIDE SERVICE Mgr. stated, "Nortran has put us in a some -
REPORT &-RECOMMENDATION (STAFF) what restricted time frame by requiring a
decision by tomorrow (August 4) rather than
around September 1st on extension of the Dial -A -Ride service with Nortran operating it.
He stated that the Board could decide: 1) to continue the Service as is with Nortran
operating it, 2) continue the service under Deerfield operation with direct relation-
ship with RTA,,or.3) discontinue Dial -A -Ride and replace it with a subsidized taxi
service.for Sr. Citizens and the handicapped as recommended in the report submitted
by the Human Relations Commission.
He'stated that the cost to the Village with Nortran operating Dial -A -Ride would be
approximately $15,000 greater than if Deerfield operated the service. It is estimated
that Deerfield could operate Dial -A -Ride at an annual cost to the Village of $25,000
or a subsidized cab service of an annual $6,000 to $8,000. He recommended that the
Dial -A -Ride program be discontinued and arrangements made for a subsidized taxi -cab
service for senior citizens and handicapped only. After some discussion, Trustee Swan-
son moved, seconded by Trustee Marty,to accept the Manager's recommendation and in-
struct him to procure the necessary papers for a subsidized cab service for considera-
tion at the next Board meeting.' Mgr. Franz stated that he believed he could get Dial -
A -Ride as it exists with Nortran extended to September 1 at which time the cab service
could possibly begin. Trustee Marty requested that a letter be written to Mr. Robert
Benton regarding the Board's decision.
AYES: Ehlers, Heisler, Marty, Seidman, Swanson,. York (6)
NAYS: None (0)
SPECIAL USE GRANTED Trustee..Seidman moved, seconded by Trustee
MAPLEWOOD SCHOOL FOR Swanson, that the rules be.waived to permit
GLENKIRK SCHOOL passage of the ordinance on first reading.
ORDINANCE•No. 0 -81 -47 Motion carried unanimously. Trustee Heisler
moved, seconded-by Trusteee Swanson, that a
Special Use'be granted authorizing a private school operated ty Glenkirk School for
.Retarded Children at Maplewood School. Motion carried by following vote:
SPECIAL USE GRANTED
Trustee Seidman moved, seconded by Trustee
CADWELL SCHOOL FOR
Swanson to waive the rules to permit passage
DEERFIELD DAY CARE CENTER
of the ordinance on
first reading. Motion
ORDINANCE N0. 0 -81 -46
carried unanimously.
Trustee Marty moved,
seconded by Trustee
Swanson, that a Special Use
"..for-a
child care center to be operated
by Deerfield Day Care
Center at Cadwell School
be "authorized. Motion carried by the
following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson,. York (6)
NAYS: None (0)
SPECIAL USE GRANTED Trustee..Seidman moved, seconded by Trustee
MAPLEWOOD SCHOOL FOR Swanson, that the rules be.waived to permit
GLENKIRK SCHOOL passage of the ordinance on first reading.
ORDINANCE•No. 0 -81 -47 Motion carried unanimously. Trustee Heisler
moved, seconded-by Trusteee Swanson, that a
Special Use'be granted authorizing a private school operated ty Glenkirk School for
.Retarded Children at Maplewood School. Motion carried by following vote:
270
AYES: 'Eh lers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
BZA REPORT & RECOMMEND. Trustee Seidman moved, seconded by Trustee
REAR YARD VARIATION Heisler, to waive rules to permit passage
960 NORTH AVE. (GAPLES) of the ordinance on first reading. Motion
carried, Trustee Marty voting Nay. Trustee
Seidman moved, seconded by Trustee Heisler, that the ordinance granting a rear yard
variation at 960 North Ave. be passed.
Mayor Forrest stated that he felt the ordinance before the Board was a "very bad
ordinance ". He stated, "I think we are setting a very dangerous precedent which in
my opinion will lead us to problems in many, many years to come. We have an ordinance
which requires hardship for the granting of a variation. It's been on the books for
as long as I can remember and has served this Village well. Over the years we have had
many, many requests which we would have liked to have granted which were similar to
this type and every one was turned down because it was precedent setting and because
it was not a hardship. I think to grant this at this time would be a mistake. I
think we would be circumventing ordinances set up by the Village, the language of
which is directed by state statute regarding hardship. I really think to take them
lightly and pass a variation like this without determination of a hardship would set
a very bad precedent ".
Responding to inquiry, Attorney Stucko stated that the Mayor was correct in stating
that the language of the ordinance is directed by the State Statutes, but that the
Statutes do not define "practical difficulties and particular hardships "...which
leads to subjective rather than objective evaluation. He said the Mayor was right
in suggesting that what is done in one particular case should have impact on succeed-
ing cases if there is a desire for consistency in the application of Village rules
which enable petitioners to know what standards the Village has employed.
Trustee Heisler said that he had thought it "hardship,in terms of people being able
to use their property,in that the petitioner thought the use of his home required an
additional room for which they had a good purpose,in their view ". Trustee Swanson
stated that when the matter had been previously discussed it was noted that the
request amounted to a 10% variation, a leeway the Plan Commission is permitted.to
allow. Mayor Forrest replied that this Plan Commission authority is only for speci-
fic purposes... specific cases very narrowly defined. Trustee Swanson indicated that
he felt the percentage of variation was relevant. Trustee Seidman stated that the
BZA's notation of personally favoring the request though recommending denial had in-
fluenced this thinking.
Mayor Forrest asked Mrs. Naomi Clampitt, a BZA member for years (though not present
at the Gaples hearing), to comment on "hardship ". Mrs. Clampitt stated, in essence,
that she found it necessary to differentiate in her mind between the personal prob-
lems which a petitioner labels "hardship" and the physical features (lot and struc-
ture) in order to determine if conditions are present which constitute the type of
hardship on which to justify granting a variation. Such conditions could include
unusual topography, irregular & difficult lot configuration, originate poor place-
ment of building on the lot, any change which had placed an originally conforming
structure in a nonconforming category, etc.
Trustee Ehlers moved, seconded by Trustee Marty, .'to table the matter. Motion failed
on following vote:
AYES: Ehlers, Heisler, Marty (3)
NAYS: Seidman, Swanson, York, Forrest (4)
The-original motion to permit passage of an ordinance (reversing the BZA recommenda-
tion) to grant a rear yard variation at 960 North Ave. failed on the following vote
(4 affirmative votes necessary to overule a BZA recommendation):
AYES: Heisler, Swanson, York (3)
NAYS: Ehlers, Marty, Seidman (3)
RELEASE ESCROW Trustee Seidman moved, seconded by Trustee
LAUREL HILL UNIT 414 Marty, to authorize the release of escrow'
in the amount of $37,356.07 for Laurel'
Hill Unit 4114. Motion carried by following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
VECCHIONE PETITION FOR
ANNEXATION & REZONING
Board meeting.
Mayor Forrest announced that the petition-. -
would not be considered that evening but would
be on the agenda for the August 17, 1981
2'71
RELEASE ESCROW Trustee Seidman moved, Trustee Ehlers seconded,
LAUREL HILL WOODLANDS to authorize the release of escrow in the
amount of $66,149.10 for .Laurel Hill Woodlands.
Motion carried by the following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
INCREASE VEHICLE LICENSE FEES Mgr. Franz stated that 96 Recreational Vehicle
ORDINANCE NO. 0 -81 -48 and 190 Motorcycle stickers had been issued for
1981. Trustee Swanson reiterated his objection to
the practice of rounding off to the nearest five dollars which had resulted in a 50%
fee increase for some RVs and Motorcycles. He felt the fees for RVs and Motorcycles
should be increased the same 25% as other vehicles. Trustee Marty agreed. Trustee
Seidman was not in favor of any increase for RVs and Motorcyles, stating that theirs
was only a seasonal use of streets, etc.
Mgr. Franz stated that round figures were more helpful to the administration and
the citizen as well. Whereupon, it was agreed that fees for all vehicle categories
be increased 25 %, rounded down to the nearest dollar. Trustee Heisler moved, seconded
by Trustee Swanson, to waive rules for adoption of the ordinance at first reading.
Motion carried unanimously. Trustee Heisler moved, seconded by Trustee Swanson, for
adoption of the ordinance, as amended. Motion carried by the following vote:
AYES:. Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
DENSITY BONUSES _ Discussion was had regarding the proposed
density bonus ordinance. Trustee Marty
voiced reservations about bonuses except in'or around the central business district.
Mayor Forrest was of.the opinion that such bonuses should be granted only when and
where the Village might want to. encourage development. He foresaw possible problems
inasmuch as surrounding properties would be affected by increased density. Trustee
Swanson stated he did not see just where a balance could be struck in a trade off
of increased land values for a developer in exchange for aesthetics for the Village.
Trustee Seidman said that the ordinance was vague and would require a commission to en-
force -it, to which the Board had objected in the past.: .Trustee•Heisler moved to waive
rules and pass the, ordinance at first reading. Motion failed for lack of .a second.
The ordinance, therefore, stood at first reading.
AMEND 1981 -82 BUDGET FOR Trustee Seidman moved, seconded by Trustee
HAZEL /WAUKEGAN INTERSECTION I1'QROV. Ehlers,-that the rules be waived to per -
ORDINANCE NO. 0 -81 -49 mit passage of the ordinance at first reading.
Motion carried, Trustee Swanson voting Nay .
Trustee Seidman moved, seconded by Trustee Ehlers, that the ordinance amending the
1981 " -82 Budget to include Hazel /Waukegan Rd. intersection improvements be passed.
Motion carried on following vote:
AYES: Ehlers, Heisler, Marty, Seidman, York (5)
NAYS: Swanson (1)
AWARD BID Mgr. Franz stated that Mark's Painting Ser-
PAINTING TRAIN STATION vice which had been awarded a contract in
the amount of $2,260 to paint the train sta-
tion (subject to his obtaining proper insurance coverage) was no longer interested in
the project, and that he wished to subcontract it to Lammers Painting, the second
lowest bidder.
Mr. Lammers was present and discussed insurance coverage and pledged he would finish
the job before returning to school. After Board discussion and the recognition that
thg'Village need not pay until the job is completed,and that there is sufficient time
before bad weather sets in,and a number of other bidders who could be called on if
Lammers defaulted, it was decided to award the contract to Mr. Lammers.
Trustee Marty moved, seconded by Trustee Ehlers, to award the bid, not to exceed
$2,500, for painting the train station to Lammers Painting, contingent upon his
providing evidence that he has procured the proper papers to protect the Village.
Motion carried by the following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson,'York (6)
NAYS: None (0)
EXTENSION OF $8 /YEAR /CUSTOMER Trustee Marty moved, seconded by Trustee York
SEWER SURCHARGE to waive the rules to permit passage of the
ORDINANCE NO. 0 -81 -50 ordinance on first reading. Motion carried
unanimously.
272
Trustee Marty moved, seconded by Trustee York, that the ordinance extending the sewer
surcharge for one year at the new rate of $8 per customer, replacing the old rate of
$4, be passed. Motion carried by the following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
MORATORIUM EXTENDED 60 DAYS Trustee Swanson moved, seconded by Trustee Seid-
(SOUTH OF DFLD. COMMONS AREA) man, to adopt a resolution providing that the
RESOLUTION NO. 0 -81 -10 moratorium on the acceptance of petitions seek-
ing map amendments and /or coning variations for
properties lying within the moratorium area depicted in Resolution No. 0 -81 -02 be ex-
tended's.ixty days beyond the original termination date. Motion carried unanimously.
There being no further business to come before the Board, upon motion by Trustee Seid-
man, the meeting was adjourned at 10:40 P.M.
APPROVED:
Village President _
ATTEST:
.
Village Clerk
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