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.