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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. • ;� i 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 1 1