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08/17/1981�7 August 17, 1981 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order in the Council Chamber of the Village Hall on Monday, August 17, 1981 at 8:04 P.M. The Clerk called the roll and announced that the following were present: Present: Bernard Forrest, President Marvin W. Ehlers 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 Ehlers, that the minutes of'the August 3, 1981 meeting be approved as presented with the following addition: under Density Bonuses, following line 8, "Trustee Seidman said that the ordinance was vague and would require a commission to enforce it, to which the Board had objected in the past." Motion carried unanimously. APPROVE WARRANT Trustee Heisler moved, seconded by Trustee NO. W -81 -8 York, that payment of bills including fund transfers and reimbursements be approved. Motion carried by�the following vote: I AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) TREASURER'S REPORT Finance Director Geo. Valentine reported that the major operating departments are within projections. Revenues, in general, are as anticipated - - -the sales tax is up about 127* over last year for the first four months of the fiscal year. One exception is in water sales, down from projections, and the lowest in five years, which can be attri- buted to the heavier than usual rainfall through the spring and summer. The Board thanked Mr. Valentine for his report. 1981 TAX LEVY - PUBLIC HEARING Finance Director Geo. Valentine reported that a new.state statute entitled "Truth in Taxation" establishes certain publication and hearing requirements if a tax levy is in excess of-5% higher than the prior year's extended levy. The Village budget calls for a $2,192,824 gross 1981 tax levy to be abated later for a $2,003,369 net.levy - -- an increase of only 4% over the 1980 levy. However, the County Clerk will be charged to compare the 1981 gross levy with the 1980 net levy, thereby finding a 14% increase at this time, though the increase will be reduced to 4% through later abatement. Because of the increase of the 1981 gross levy versus the 1980 net levy, the hearing was held to prevent jeopardizing the Village's tax receipts or liti- gation for failure to comply with publication and hearing requirements. Trustee York inquired about the Library's levy as distinct from the overall levy. Mr. Valentine replied that Deerfield's levy, when the Library levy is subtracted,is slightly reduced from last year's, though the Library's levy is substantially increased. There being no further questions, Trustee Marty moved, seconded by Trustee Seidman, to ad- journ the hearing. Motion carried unanimously. �\ PROCLAMATION Mayor Forrest read a proclamation wherein he SAV -A -PET MONTH designated August 1981 as Sav -A -Pet month. AUGUST 1981 Trustee Heisler moved, seconded by Trustee Swan- son, to adopt the.proclamation. Motion car- ried unanimously. GREENWOOD /BROADMOOR STOP SIGN Mgr. Franz stated that the Safety Council had SAFETY COUN. REPORT & RECOMMENDATION recommended a stop sign be placed at Broad - moor stopping west and eastbound traffic be- cause of increased vehicular traffic and anticipated increase in student traffic caused by the closing of Maplewood School. In addition they recommended that the school cross- ing be moved from its present location at Crabtree /Greenwood eastward to Broadmoor/ Greenwood (the proposed stop location) due to the "abuse and disregard of the speed limit and. school zone speed limit in conjunction with a very strong recommendation from 274 the crossing guard who has first -hand, on -site knowledge." He also read a report from Deputy Chief R. Davenport regarding accidents for the last 2 years on Greenwood between Chestnut St.and Wilmot Rd.: 6 non - intersection, 3 at Chestnut /Greenwood., 3 at Wilmot/ - Greenwood, and 4 at Stratford /Greenwood. Trustee Swanson inquired about the source of "anticipated increase" of student traffic.. Mr. Christenson of the Safety Council replied that due to the closing of Maplewood school, children would travel north to Greenwood via Broadmoor (heavily travelled by school children). He stated that a stop sign at Greenwood /Broadmoor, with the present cross walk moved east (about 180 feet) to the proposed stop sign location plus a crossing guard would provide more rigid control. Mgr. Franz stated that a check with the schools had indicated that there would not be a substantial increase of chil- dren crossing Greenwood to attend Woodland Park School. Mrs. M. Paletti, 1423 Greenwood, presented a petition from concerned parents, a num- ber of whom were present and requested the Safety Council recommendation be approved. She stated that the parents had appealed four times to the Safety Council during the past two years. A very lengthy discussion ensued. Trustee Seidman noted that a greater number of ac- cidents had occurred at Greenwood /Stratford and that in his opinion that particular intersection should not be ignored as he felt it was sure to become more heavily travelled. He favored a stop sign at'Greenwood /Stratford and retention of the present school crossing site, but felt that even if the Safety Council's recommendation for a stop sign at Greenwood /Broadmoor was approved, Greenwood /Stratford should have a stop sign. Trustee Seidman moved, seconded by Trustee Heisler, to accept the stop sign recommendation by the Safety Council and instruct the village attorney to pre- pare an ordinance providing for eastbound and westbound stop signs on Greenwood at Broadmoor. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson (5) NAYS: York (1) Trustees Swanson, Marty and Ehlers (with six years' School Board experience) had strong reservations regarding changing the present crosswalk and stated that experience had proved that children simply will not accept the inconvenience of walking beyond the nearest way to a school in order to cross at a safer, better controlled location. Mrs. Paletti stated that she would personally stand watch at the old crossing (in front of.her house) to prevent the few youngsters coming from the west who might be tempted to use the old crosswalk. Trustee Swanson stated he was still concerned about establishing a 24 -hour traffic con- trol to provide control at only certain hours. Mr. Bud Bergman, 919 Northwoods Drive, suggested that consideration might be given to erecting removable stop signs. Discus- sion followed regarding different types of such signs. Trustee Swanson, still uncon winced, admonished the parents present that "this is a serious game that we're play- ing", and that their full cooperation would be required. Trustee Marty moved, seconded by Trustee Ehlers, to accept the Safety Council's re- port and recommendation and move the crosswalk to correspond with the stop signs. Motion carried unanimously. Because of the legal requirements, time wise, for enact- ment of the ordinance and the erection of the stop signs, it was decided to invoke -the. Police Chief's 90 -day emergency powers and to erect the signs in time for school open- ing. Mgr. Franz was also directed-to contact the school administration to ascertain how many additional children will be going to Woodland Park School, and the administra- tion's view on the change of crosswalk. LEAF REMOVAL Mgr. Franz stated that the Board's decision - STAFF REPORT to eliminate leaf removal by the Public Works Dept. had been reported in D -Tales and several letters had been received favoring retention of the service. These letters coupled with concern for leaves clogging storm sewers prompted Staff preparation of information regarding a possible way of extending the leaf pick -up program. Moving from an unlimited pick -up service to a one -pass service ( with a publicized schedule) could be provided for $8,080, as the equipment could be patched up to operate for.one more year.on a one -pass operation, and no additional personnel would be required. Trustee Seidman felt that the number of letters received had been relatively small. He stated that.on the basis of the proposed pick -up schedule ( October 26 for the first quadrant with Nov. 2, Nov. 9 and Nov. 19 for other quadrants and ending December 1 or at the first, snowfall) most of the leaves would be sitting around for four to six weeks before the Village could pick them up, and that they.would blow into the streets and down the sewers. He felt the progran would solve no problems but would invite• - trouble, extending, as it would, well into November with possible snow on.the ground.- Trustee Marty favored giving the one -pass program a one year's try and enacting an ordinance to prohibit the raking of leaves 'into streets. Trustee York agreed, stating [l ,23 S . that homeowners could use a combined bag /scavenger and one -pass Village pick -up service. Trustee Swanson commented that the relatively few letters that had been received and the fact that no additional personnel would be needed were not sufficient reasons to per- suade him that a leaf pick -up, even on a one -pass basis, should be continued. Trustee Marty moved, seconded by Trustee York, to accept the report of the Staff for a minimum one -pass leaf removal service. Motion carried by the following vote: AYES: Ehlers, Heisler, Marty, York (4) NAYS: Swanson, Seidman (2) Trustee Marty moved, seconded by Trustee Ehlers, that the attorney be-instructed to prepare an ordinance amending the Municipal.Code to prohibit raking leaves into the street. Trustee Swanson stated that such an ordinance without an educational program was insufficient -- -that homeowners needed to know the whys and wherefores of the pro- hibition. .Trustee Heisler stated that while he favored, such an ordinance, he had no hope that it could be effectively enforced: Mgr. Franz replied that it would be dif- ficult to enforce, but the ordinance could be publicized, the word spread, and a com- bination of the police and public works departments' surveillance can help. He stated that once leaves are in the street they become the Village's problem and lead to serious drainage problems and safety hazards for children playing in them. He felt that there should be, at least, a prohibition on record. The motion for preparation of the ordi- nance passed on the following vote: AYES: Ehlers, Marty, Seidman, York (4) NAYS: Heisler, Swanson (2) SUBSIDIZED TAXI CAB SERVICE Mgr. Franz stated that at the Board's direc- FOR SENIOR CITIZEN /HANDICAPPED tion Staff had negotiated a tentative agree- ment with American Taxi, Inc. based on pre- liminary research completed by the Human Relations Commission and involving R.T.A. with projected subsidies for senior citizens and handicapped persons living in Deerfield. For these persons all 1 -way rides within Deerfield would cost $2.50 -- -$1.50 (RTA), 50q, (Village), 50c. (Passenger). For trips to and from the outside of Deerfield, passengers will be charged 10� per 1 /10 mile, beginning at the Village boundaries, in addition to the 50q� in -town rate. Mayor Forrest stated that he had asked the taxi company to con- sider establishing a set rate for trips to and from the Highland Park hospital. Mgr. Franz stated that based on mileage, such a trip would cost $5, but that American Taxi had agreed to a set rate of $4.50 -- -$2.50 for the passenger with the remaining $2 paid by the Village and R.T.A. Mr. Robert Benton (Trustee and Deerfield's representative to Nortran), Rose Mary Stavro- polous (Chairman of the Human Relations Commission) and Mr. John Coyne of the American Taxi, Inc. were present. Discussion ensued wherein it was determined'that:1) a senior citizen was anyone over 65 years of age, 2) an identification card with an applicant's picture thereon would be issued, 3) the Deerfield /Highland Park Highlander Bus can provide for 25C to senior citizens a type of service, without sheltered waiting places, and which does not provide door -to -door service, but stops near the hospital; 4) there is -a need for naming the Village of Deerfield as an additional insured party: Mr-. Benton stated that the Village should be prepared to fund the full subsidy for four to six months plus, before getting any money back from RTA which will pay sooner or later (if there is an RTA) and when it gets around to it. Mrs. Stavropolous stated that the Human Relations Commission had been very sorry that Dial -A -Ride had not been successful, but that they were very glad for this good alternative.. Trustee Seidman moved, seconded by Trustee Swanson, that the Mayor be authorized'to execute the agreement with American Taxi, Inc. and that the Dial -A -Ride program be dis- continued at the appropriate time. Motion carried by the following vote; AYES:- Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) SIDEWALKS (TEMPORARY) Mgr. Franz reported that Village Engineer-Jas. WAUKEGAN ROAD Soyka had met,.the previous week, with the Illinois Department of Transportation (IDOT) regarding the lack of sidewalks along Waukegan Road, due to striking workers. IDOT, therefore, had directed the contractor to provide a temporary, crushed gravel walk be- hind the curb on the east side of Waukegan Road. �He stated the work should be completed the next day and °the walk appeared to be a very good temporary improvement. MANPOWER COMMISSION RECOMMENDATIONS Shulkin to fill a vacancy to November 1981 Mayor Forrest reported -that.he wished to recommend the appointment of: 1) Charles on the Youth Council, 2) Charles Slavis 276 to fill.an unexpired term to November 1981 on the Plan Commission, and 3) Mrs. Jean Reuther to fill..an unexpired term to November 1981 on the Manpower Commission. Trustee Heisler moved, seconded by Trustee Swanson, to accept the Mayor's recommenda- tion of appointments. Motion carried unanimously. The Board recessed at 9:25 and reconvened at 9:35, all members being present. CONSENT AGENDA REAR YARD VARIATION First reading 65 CODY CT. (BROWNSTEIN) STOP SIGNS ELIMINATION & ADDITION First reading YIELD SIGN - HOLMES /APPLETREE First reading Trustee Marty moved, seconded by Trustee Seidman, that the consent agenda be approved. Motion carried unanimously. FIRST FEDERAL SAVINGS & LOAN OF WILMETTE (SOUTHWEST CORNER OF OSTERMAN /WAUKEGAN) ZONING MAP AMENDMENT ORDINANCE NO. 0 -81 -51 SPECIAL USE ORDINANCE NO. 0 -81 -52 Rezoning from R -4, single - family and two - family district, to C 71, Village Center District. Special use for a Drive -in Savings and Loan facility. VARIATIONS - REAR YARD & SCREENING Variations to allow a 4' rear yard in lieu of ORDINANCE NO. 0 -81 -53 the required 10'; front yard screening of 2' in lieu of required 4'; side and rear yard screening of 2' in lieu of required 5'. VARIATION - DRIVEWAY WIDTH Variation to permit an inbound driveway on ORDINANCE NO. 0 -81 -54 the Osterman Ave, driveway of 14' in lieu of 1 Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit passage at first reading of the four ordinances concerning First Federal Savings & Loan of Wilmette. Motion carried unanimously. After a short discussion regarding the 30' Waukegan Rd. driveway and determination of its adequacy for traffic generated by a Savings and Loan facility, Trustee Heisler moved, seconded by Trustee Ehlers, that the Zoning Map Amendment, Special Use, Rear Yard & Screening Variations, and Driveway Width Variation regarding First Federal Savings & Loan of Wilmette be passed. Motion carried by the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) PERSONAL IMPROVEMENT FACILITIES First reading. Trustee Seidman asked whether ZONING ORDINANCE AMENDMENT the amendment would permit Personal Improvement Facilities throughout the C -2 district... Att'y. Stucko replied that such facilities would only be permitted under "Recreation & Social Facilities" and not under the Special Uses category. DENSITY BONUSES Mayor Forrest stated that decision had been ZONING ORDINANCE AMENDMENT made at the first reading of the Ordinance to defer action for further discussion. Trustee Marty stated that though she felt the general idea of density bonuses was quite good, she felt the criteria for determining when bonuses were justifiable was much too broad, and that she favored limiting the awarding of bonuses to specified area around the Centre Business District rather than to all R -5 districts. She moved, seconded by Trustee Heisler to refer the matter back to the Plan Commission (which might consider the matter in light of the recent study of the area south of the Commons), and request tightening up of criteria and designation of areas in which density bonuses could be sought and awarded. Trustee Seidman agreed, reiterating his opinion that the ordinance was very vague, and unless criteria are better spelled out, another Commission would be required or the Village could be accused of being partial'to certain developers. Trustee Ehlers pointed out that. the Board should give the Plan Commission as much direction as possible in order to'establish criteria "measurable in unambiguous terms...a difficult task ". Trustee Swanson stated that it "all boiled down to whether there are situations where a bonus is worthwhile -- -where the Board should or wanted to award a bonus ". The motion to refer the matter back to the Plan Commission passed unanimously. 277 VECCHIONE PETITION Trustee Heisler moved, seconded by Trustee ANNEXATION & REZONING Seidman, to remove from the Table the Vec- (3.*2 acres)(TABLED 6/15/81) chione petition. Motion carried unanimously. Mr. Vincent Vecchione stated that when he had petitioned on June 15, 1981 for approval of annexation of 3.2 acres to his approved 6.2 acres (to create a 9.4 acre tract and build a 166,000 sq. ft. 3- story, 40' build- ing rather than an 100,000 sq. ft. 2- story, 28' building on his approved 6.2 acre tract), the Board had asked him to reconsider the size of building he had proposed for the combined tract. He compared his new proposal to the old as follows: Mr. Vecchione submitted that the proposed plan was a significant improvement. Asked about the proposed entrance, Mr. Vecchione stated that it would be at the northernmost point of the 9.4 acre tract (nearly 500 ft. north of the.entrance for the 6.2 acres), eliminating the necessity of traffic at the rear of a number of Constance Lane resi- dences. Trustee Swanson inquired if the proposed 28' building represented a 3 -story depressed building or a 2 -story building. Mr. Vecchione stated that while he had asked for a 28' high, 2 -story building in this petition, since the height of the building was the most important thing before the Board, he, nonetheless, would very much like to request that the Board consider permitting a 3 -story building within the'28' height, without a square footage increase, thereby reducing the land coverage to less than the proposed 18 %. Mr. Jack Train of LaSalle Partner's, Inc. stated that he had urged Mr. Vecchione to request the 3 -story building in order to attract a higher class tenant. Discussion ensued regarding: 1) HVAC 1•ocations (in the gabled roof with cooling tower sunken into the ground), 2)size of the proposed atrium (5,000 sq. feet), 3) traffic studies by Barton Aschman & Assoc. (presented at June hearing) indicating that the site could accommodate 215,000 sq.feet of office space, 4) likelihood of a one - tenant occupancy-rather than a multi- tenant occupancy., etc. Mr. Miles Schneider, 686 Constance Lane, stated that an independent, 5 -day traffic count had been conducted (July 27 through July 31 from 7:30 to 8:30 A.M.) by Mr. Bernie Dingman and Mr. Dave Block regarding eastbound traffic from the Toll ramp and Deerfield Road. He stated the figures contradicted the figures before the Board, and that comparing them with a report made on September, 1980 revealed a 40% increase in traffic. He added that he knew there were additional building plans projected by the companies in the area, and urged the Board to make another traffic study before approv- ing the Vecchione annexation. Mr. Dingman agreed. Trustee Seidman stated he did not feel the Board had the proper traffic information and he felt that approval of the proposal presented was going; far beyond what is safe... "as far as the traffic is concerned, it's just too much ". Trustee Marty moved, seconded by Trustee Swanson, that the attorney be instructed to prepare a resolution authorizing the execution of an amended annexation agreement wherein the building height is set at 28'feet plus HVAC but is not limited to two stories., The motion carried, Trustee Seid- mari'voting Nay. Trustee Marty moved, seconded by Trustee Ehlers, that the building be.'a maximum of 141,500 gross sq. feet plus atrium. Motion carried, Trustee Seidman voting Nay. Trustee Marty moved, seconded by Trustee Swanson, that the attorney be•instructed to to prepare an ordinance annexing the new portion (3.2 acres north of and adjoining the 6.2 acres previously annexed).. Motion carried, Trustee Seidman voting Nay. a Trustee Marty moved, seconded by Trustee Swanson, that the attorney I be instructed to prepare an ordinance zoning the new property (3.2 acres)-to I -1. Motion carried, Trustee'Seidman voting Nay. TAXI-FARES - RATE INCREASE Trustee Swanson moved, seconded by Trustee a• Ehlers, to instruct .the Village attorney to prepare an-ordinance amending the Municipal Code to increase the maximum allowable rates for taxi fares.as proposed in the Staff report (90C "flag pull ", 10C each 1 /10 mile, - 54' each additional passenger, $12.00 per hr. waiting time). Motion carried unanimously. AWARD BID - DIGIOIA BROS. Trustee Siedman moved, seconded by Trustee PCC"STREET PATCHING, PART II Marty, that the bid for concrete patching (part II of 1981 MFT) in an amount not to Approved Proposed Approved Proposed Total.Acreage 6.2 Acres 9.4 Acres South Yard 215' 256' Acreage Sq.Ft. 270,000 sq. ft. 407,000 sq. ft. West Yard 50' 50' Tollway Frontage 730 feet 1,258 feet North Yard 215' 570' Tract Coverage 22% 18% East Yard 161' 171' Building Height 28' 0 HVAC .28' & HVAC East Side Buiiding.Sq. Ft. 100,000 sq. ft. 136 - 141,500 sq.ft. Shrubbery 60,000 107,000 :. (Sq. Feet) Mr. Vecchione submitted that the proposed plan was a significant improvement. Asked about the proposed entrance, Mr. Vecchione stated that it would be at the northernmost point of the 9.4 acre tract (nearly 500 ft. north of the.entrance for the 6.2 acres), eliminating the necessity of traffic at the rear of a number of Constance Lane resi- dences. Trustee Swanson inquired if the proposed 28' building represented a 3 -story depressed building or a 2 -story building. Mr. Vecchione stated that while he had asked for a 28' high, 2 -story building in this petition, since the height of the building was the most important thing before the Board, he, nonetheless, would very much like to request that the Board consider permitting a 3 -story building within the'28' height, without a square footage increase, thereby reducing the land coverage to less than the proposed 18 %. Mr. Jack Train of LaSalle Partner's, Inc. stated that he had urged Mr. Vecchione to request the 3 -story building in order to attract a higher class tenant. Discussion ensued regarding: 1) HVAC 1•ocations (in the gabled roof with cooling tower sunken into the ground), 2)size of the proposed atrium (5,000 sq. feet), 3) traffic studies by Barton Aschman & Assoc. (presented at June hearing) indicating that the site could accommodate 215,000 sq.feet of office space, 4) likelihood of a one - tenant occupancy-rather than a multi- tenant occupancy., etc. Mr. Miles Schneider, 686 Constance Lane, stated that an independent, 5 -day traffic count had been conducted (July 27 through July 31 from 7:30 to 8:30 A.M.) by Mr. Bernie Dingman and Mr. Dave Block regarding eastbound traffic from the Toll ramp and Deerfield Road. He stated the figures contradicted the figures before the Board, and that comparing them with a report made on September, 1980 revealed a 40% increase in traffic. He added that he knew there were additional building plans projected by the companies in the area, and urged the Board to make another traffic study before approv- ing the Vecchione annexation. Mr. Dingman agreed. Trustee Seidman stated he did not feel the Board had the proper traffic information and he felt that approval of the proposal presented was going; far beyond what is safe... "as far as the traffic is concerned, it's just too much ". Trustee Marty moved, seconded by Trustee Swanson, that the attorney be instructed to prepare a resolution authorizing the execution of an amended annexation agreement wherein the building height is set at 28'feet plus HVAC but is not limited to two stories., The motion carried, Trustee Seid- mari'voting Nay. Trustee Marty moved, seconded by Trustee Ehlers, that the building be.'a maximum of 141,500 gross sq. feet plus atrium. Motion carried, Trustee Seidman voting Nay. Trustee Marty moved, seconded by Trustee Swanson, that the attorney be•instructed to to prepare an ordinance annexing the new portion (3.2 acres north of and adjoining the 6.2 acres previously annexed).. Motion carried, Trustee Seidman voting Nay. a Trustee Marty moved, seconded by Trustee Swanson, that the attorney I be instructed to prepare an ordinance zoning the new property (3.2 acres)-to I -1. Motion carried, Trustee'Seidman voting Nay. TAXI-FARES - RATE INCREASE Trustee Swanson moved, seconded by Trustee a• Ehlers, to instruct .the Village attorney to prepare an-ordinance amending the Municipal Code to increase the maximum allowable rates for taxi fares.as proposed in the Staff report (90C "flag pull ", 10C each 1 /10 mile, - 54' each additional passenger, $12.00 per hr. waiting time). Motion carried unanimously. AWARD BID - DIGIOIA BROS. Trustee Siedman moved, seconded by Trustee PCC"STREET PATCHING, PART II Marty, that the bid for concrete patching (part II of 1981 MFT) in an amount not to .278 exceed $4,938.00, be awarded to DiGioi.a Bros. Construction Co,, Itasca, Ill., the low bidder. Motion carried by the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) TAX LEVY, 1981 -82 • ORDINANCE NO. 0 -81 -55 Trustee Seidman moved, for corporate purposes passed_. Motion carrie, Trustee Marty moved, seconded by Trustee Seidman, to waive the rules to permit passage on first reading. Motion carried unanimously. seconded by Trustee Heisler, that the ordinance levying taxes for the current fiscal year (May 1, 1981 to April 30, 1982) be 3 by the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) CEDAR TERRACE PETITION In response to a referral by the Board on SAFETY COUNCIL RECOMMENDATION July 8, 1981 regarding a request and signed petition by residents to prohibit parking on both sides of Cedar Terrace, the Safety Council referred the.Board.to their Narrow Lot Study of June 30, 1978 recommending parking be prohibited,on.the west side of the street. After discussion, Trustee York moved, seconded by Trustee Seidman, that parking be limited to one side of Cedar Terrace.with:Staff recommending which.side,and the attorney be directed to prepare an ordinance reflecting Staff's recommendation, Motion carried unanimously. REQUEST DRIVEWAY VARIATION Mgr. Franz stated that a request for a 1685 LAKE ELEANOR DRIVE ( G. LEVY) variation of the driveway width at the property line, from 18 to 21 feet, for . the property at 1685 Lake Eleanor Drive, had been received and reviewed by the Engineering and Building Departments. Staff reports.that "There are.no unique or extenuating circumstances that make the variation essential. 'Therefore, we recom- mend that the request be denied." Trustee York moved, seconded by Trustee Swanson? to accept Staff's recommendation. Motion carried unanimously: VARIATION RECONSIDERED Mayor Forrest stated that after the Board's 960 NORTH AVE. (GAPLES) denial of a request by Mr. Harry Gaples for a rear yard variation, he had had a discussion with Mr. Gaples who asked that the variation be reconsidered, basing his request on not having understood the necessity of demonstrating hardship as a requirement for Board approval of a variation., Trustee Marty moved, seconded by Trustee Ehlers, to reconsider the matter. Motion carried unanimously. Mr. Gaples read a lengthy dissertation wherein he 1)0questioned the need to prove hardship, 2) submitted his interpretation of the language in State Statutes, the Deer- field Zoning Ordinance, and the Guide for Municipal Zoning Administration, 3) recom- mended to the Board that the Deerfield Zoning Ordinance be amended to allow variations if neighbors didn't object, etc. In response, Mayor Forrest referred Mr. Gaples to that section of the Deerfield Zoning Ordinance which states clearly the necessity of proving hardship for variations. Att'y. Stucko stated that Mr. Gaples' interpretation of State Statues was erroneous, and that the Village Board as well as the BZA is re- quired to find hardship before granting variations. Trustee Seidman stated that the attorney had been instructed to prepare an ordinance, not because hardship had been found but because the request was for a 10% variation (an amount granted by the Plan Commission in certain instances). However, at the next meet- ing, it was pointed out that hardship must be shown in order to pass the ordinance, the language of which stated hardship had been shown. Mayor Forrest stated that, in his opinion, Deerfield was a desirable community with relatively high property values because of its zoning ordinance on which homeowner's could and did rely. He stated that it was up to the Board to determine hardship as op- posed to personal desire, and if hardship was found, to grant the variation. Three of Mr. Gaples' neighbors were present and spoke briefly in favor of granting the variation. Trustee York commented that he didn't see anything wrong in so doing since the neighbors did not object. Mayor Forrest and Trustee Heisler took issue with Trustee York's view, stating that neighbors' opinions, pro or con, formed no basis in law for the granting of a variation. Trustee York moved, seconded by Trustee Swanson, to pass the ordinance granting a rear yard variation at 960 North Ave. (thereby reversing the BZA recommendation). Trustee Seidman reiterated that the BZA had not found hardship. He commented that an addition could be built within the rear yard constraints of the zoning ordinance. The motion failed on the following vote (4 affirmative votes required to overule a BZA recommendation: AYES: Swanson, York (2) r NAYS: Ehlers,- Heisler, Marty, Seidman (4) 1 WILMOT ROAD FAUS Mr. David Tulp of Donahue and Assoc. stated PRELIMINARY REVIEW & DISCUSSION that with the exception of review in detail z by the Village of Deerfield and the Illinois { Department of Transportation, Phase I of the 3 -phase FAUS project had been completed. Mr. Thomas Pekny, Project Mgnager, briefly covered the solutions Donahue and Assoc. are recommending to address both the maintenance and traffic conditions on Wilmot Road. The recommendations are primarily for a new, 2 -lane roadway, widened 12' to provide l or left turns and permit safe, through movement of traffic; traffic signal :modifications at Lake Cook and Deerfield roads; and some intersection widenings. Residents of Wil- mot Road will be notified by letter that a public hearing will be held at 7 :30,.Sep- tember 8, 1981 in the Village Hall. Reports: Trustee.Ehlers reported that there are instances where bushes and tree branches are overhanging'sidewalks in violation of village ordinances. He suggested that homeowners i be informed in the next D -Tales to cut back such shrubs and trees. There being -no further business to come before the Board, upon motion by Trustee Seid- man.- the_nieeting adjourned at 11:50 P.M. 1 I I 1 ATTEST: lt.F.rrrii � ` Village Cler s- - APPROVED: .Village Presi t L`{ G� f� 280 CtY CONSENT AGENDA UNIFIED CONTROL /COMMON OWNERSHIP Trustee Seidman moved, ORDINANCE NO. 0 -81 -61 Marty, to waive the rul of the ordinance clari.f Article )�2-2 of the Zoning Ordinance regarding Unified Control /Coro reading. tion carried unanimously. / ESCROW DEPOSI of escrow d onded by Trustee to permit passage g the language of Ownership -at first First reading. Ordinance to amend Article 12.3 -11,4b of .the Zoning Ordinance relative is and letters of credit for public improvement! for future streets. BLANKENBERG /KAU� SPECIAL USE - P 1510 GORDON & 120 S First reading. /An ordinance approving a Planned Residential Development to permit NMORE a "transfer" off the rear portion of the lot at 120 Kenmore to the .rear portion of the abutting.lot at \1510 Gordon. Terrace. LION'S CLUB REQUEST CANDY DAY. OCTOBER 9.\981 Trustee moved, seconded carried•on the following AYES: Ehlers, Heisler, NAYS: None (0) Permiss Trustee Heisler, that t te: Mayor Forrest signed the ord to solicit in streets requested. Consent Agenda be passed. Motion ty, Seidman, Swanson, /York (6) , indicating ,his approval thereof. TAXICAB RATE INCREASE After determining that a typographical ORDINANCE NO. 0 -81 -62 error (showing a 10 cent rather than a. 50 cent charge for an extra passenger) had been corrected, Trustee Heisler moved, seconded by Trustee Swanson, that the Ordinance increasing Taxicab rates \be passed. Motion carried on the following vote:. AYES: Ehlers, Heisler, Marty, Seidm� /Swanson, York (6) NAYS: None (0) PROHIBIT PARKING All residents of Cedar Terrace had been..- CEDAR TERRACE notified after the September 8, 1981 Board ORDINANCE NO. 0 -81 -63 meeting that an ord inance,prohibiting park- ing on the west side of Cedar Terrace and certain portions on the east side of the street, would have its second reading on Sept- ember 21. A letter was received / from one resident on the west side of the street ob- jecting to the ban, and another /received in \favor of it. A number of residents were present expressing their support of the parking prohibition in order to permit access to fire, police and other emergency vehicles and permit unrestricted turns onto Cedar Terrace from Deerfield Road. Trustee Seidman' \moved, seconded by Trustee Swanson,..that the ordinance be passed. Motion carried on following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) / BAN. RAKING LEAVES INTO/STREETS Trustee ORDINANCE NO. 0- 81 -64/ lieved streets in order to a short discussion,; be passed. Motion prohibi -undergird an attempt to keep the Trustee York moved, seconded by carried on the following vote: Marty stated that she firmly be- hat there should be on record a ,ion against raking leaves into the sewers free of. leaves. Following rustee Marty, that the ordinance , AYES: Ehlers, Marty, Seidman, York (4) NAYS: Heisler,/ Swanson (2) G AMEND ANNEXATION AGREEMENT Mr. Russell Miller, attorney for i•ir.. Vin - VECCHIONE 6.�3 ACRE PARCEL cent Vecchione,��presented petitions-for RESOLUTION NO. R -81 -11 annexation and a \ corrected annexation agreement, all signed by the owners and electors.; Trustee Marty moved, seconded by Trustee Ehlers, to'adopt the Resolution amending the annexation agreement for the original Vecchione 6.2\acre parcel. Motion carried, Trustee Seidman dissenting. ANNEXXT ON - VECCHIONE 3.1 ACRE PARCEL Trustee Marty moved, seconded by Trustee- ORDINANCE NO. 0 -81 -65 Ehlers, that the ordinance annexing 3.1 acres (north and abutting the already an- nexed 6.2 acre parcel) be passed. Motion carried on following vote:` I.