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04/19/198260 April 19, 1982 The regular meeting of the Board of Truscees of the Village of Deerfield was called to order by the Clerk, in the absence of the President, in the Coun- cil Chamber of the Village Hall on April 19, 1982 at 8:00 P.M. The Clerk called the roll and announced that the fdllowing were: P::sent: Marvin W. Ehlers Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: Bernard Forrest, President and that a quorum was present and in attendance. Also present were Village Trustee Swanson moved, seconded by Manager Robert D. Franz and Allan I. Nathan, Village Attorney. Trustee Marty, to approve Mayor For - Upon motion by Trustee Swanson, second by Trustee Ehlers, and unanimous Board approval, Trustee Heisler was appointed Mayor .pro..tem. He then stated of the American Cancer Society. Motion that Mayor Forrest was expected to arrive at about 9 P.M., after which the WALL SIGN - DEERBROOK -two scheduled public hearingswould be held. (THE PASTA SHOPPE) Trustee Seidman moved, seconded by Trustee Swanson, that the minutes of April 5, in.g on April 6, 1982 to consider the 1982 be approved as presented. Motion carried unanimously. Bank of Chicago as trustee of Trust APPROVE Trustee Marty moved, seconded by.Trus- The modification requested that the Pasta. WARRANT NO. 0 -82 -4 tee Seidman, that the bills and payroll, granted to the petitioner and all future tenants of the space at 88 S. Waukegan Road. including transfers and reimbursements, Trustee Seidman stated that he had be approved. Motion carried on the foll-wing vote: strongly objected to extending the modifi- AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) Accordingly, Trustee Seidman moved, NAYS: None (0) Attorney be instructed to prepare an ordinance granting the requested sign modi- fication to the Pasta Shoppe at 88 TREASURER'S REPORT Finance Director'George Valentine re- . ported that General Fund revenues con- tinue to exceed projections, and operating departments continue to keep with- in their budgets. He noted that while Sales Tax receipts were not up to projections, they did show a 6% increase over the previous year. He added that water sales were 15% ahead of'January and February a year ago,*and he pointed out that since sewer usage rates are.established'for the'year during this 2 -month period, the increase will be reflected in sewer usage receipts throughout the -year. r The Board thanked Mr., Valentine for his report. PROCLAMATION Trustee Swanson moved, seconded by BIK- A -THON SUNDAY Trustee Marty, to approve Mayor For - MAY 16; 1982 rest's proclamation designating May 16, 1982 as Bik -A -Thou Sunday in Deerfield, -in support of the Lake County Unit of the American Cancer Society. Motion carried unanimously. WALL SIGN - DEERBROOK i..r. Franz stated that the Board of (THE PASTA SHOPPE) Tuning Appeals had held a public hear - BZA REPORT /RECOMMENDATION in.g on April 6, 1982 to consider the petition of the Northwest National Bank of Chicago as trustee of Trust No. 122 for a modification of Article 9 of the Deerfield Zoning Ordinance. The modification requested that the Pasta. Shoppe sign be located on a building wall.not housing the use for which the sign is intended. The BZA unanimously recommended that the modification be granted to the petitioner and all future tenants of the space at 88 S. Waukegan Road. Trustee Seidman stated that he had no objection to- granting the sign modifi- cation-to the Pasta Shoppe, but he strongly objected to extending the modifi- cation to all the future tenants of the space. Accordingly, Trustee Seidman moved, seconded by Trustee Marty, that the Village Attorney be instructed to prepare an ordinance granting the requested sign modi- fication to the Pasta Shoppe at 88 S. Waukegan Road and for only the Pasta Shoppe. Motion carried unanimously. SIGN MODIFICATION Mgr. Franz stated that the Board of Zon- J..EMIL ANDERSON PROPERTY ing Appeals had held a hearing on April 6, 1345 LAKE -COOK ROAD 1982 to consider the request by J. Emil Anderson for a modification of Article 9 of the Deerfield Zoning Ordinance to a_'.ow two real estate'signs exceeding the permitted size to be placed on the pLuperty at 1345 Lake -Cook Road: 1) along the Tollway spur, a double faced 10'x20'.sign erected to a height of 13 feet, and 2) along Lake -Cook Road, a double faced 5'x10' sign; both non - illuminated. The BZA recommended unanimously that the modifications be granted. Trustee Marty moved, seconded by Trustee Ehlers, that the recommendation of. the BZA to grant the requested modifications be accepted, and that the attorney. be instructed to prepare the necessary ordinances. Motion carried unanimously. .Trustee Seidman stated that he appreciated the fact that the petitioner had requested a 5'x10' sign, had provided documented evidence to justify the size and the function of readability and speed, and had stated that the size of the sign was commensurate with the speed of passing vehicles. He commented that the evidence presented disproved a recent petitioner's contention that a lar- ger sign was necessary for a Lake -Cook Road enterprise. TERADYNE.CENTRAL, INC. Trustee Seidman moved, seconded by Trus- AMEND SPECIAL USE tee Ehlers, that the rules be waived to ORDINANCE NO. 0 -82 -19 permit passage of the ordinance on first reading. Motion carried, Trustee..Swan- son voting Nay. Trustee Seidman moved, seconded by Trustee Ehlers, to pass the.-ordinance amending the existing Special Use granted to Teradyne Central, Inc. to permit recreational and social facilities to be included in the struc- ture being built. Motion carried unanimously. TAXICAB FEE SCHEDULE First reading of ordinance to align MUNICIPAL CODE AMENDMENT Deerfield's and Highland Park's taxi- cab fee schedule. Trustee Seidman commented that the proposed Deerfield fee schedule did not entirely coincide with Highland Park's, and .thought perhaps it should. Mgr. Franz stated that Staff had not thought it necessary, but he would look further into,the mat- ter and report back to the Board before the next meeting. SELLAS REZONING (R -1 to C -2) Me pro :tem.. Heisler read a state- 3005 LAKE -COOK ROAD ment by Mayor Forrest urging the Board to deny the Sellas petition for C -2 zoning. He stated, "Mr. Sellas purchased this 2.4 acre site under its current zoning of R -1, Single Family. .I would have to assume that the price paid at that time reflected the residential zoning of the property. It's obvious that this was a speculative purchase, made in hope of receiving Village appro- val of a change in zoning. I see no justification for altering our Comprehen- sive Plan, which calls for I -1 Zoning, to accommodate the interests of one party. .In the past, the Village has stood firm in its efforts to prevent strip commerical development from occurring along Lake- Cook•Road in order to protect the residential.properties to the north. Commercial Zoning in that area is not appropriate, and is not in the best interest of the Village. The Board should maintain this posture." Mayor pro tem_... Heisler acknowledged r. -ceipt of 106 letters from residents in opposition to the rezoning. Mr. Robert Kenny, attorney for the petitioner, stated that a conflict exists between the Deerfield Comprehensive Plan and its Zoning Ordinance in:_-regard to the subject property. He stated that the petitioner can not comply with the Comprehensive Plan and the Zoning Ordinance at the same time, and the Comprehensive Plan renders the property unbuildable. He submitted the the property is-insufficient in lot area and lot width to•meet the requirements of the Comprehensive: Plan though it does, in his opinion, meet them insofar as: 1) high standards of architecture, landscaping and buffering, 2) design, to generate low traffic and at off hours 3) one curb cut only and more than required parking spaces, 4) a moderate scale building with high quality of design and materials with a large amount of open space for a high quality restaurant compatible with the offices to be built on the west. He suggested additional clauses that could be incorporated in the proposed ordinance for extra precedential safeguards for the Village. He added that Mr. Sellas "will always be a restauranteur, not a speculator." Mayor pro tem. Heisler stated that the Village Attorney had pointed out to the Board that the Sellas property could be developed I -1 when combined with adjacent property on the west. 'He had also reminded the Board of a discussion in the past regarding rezoning of the pr -perty to C -3 which (with minor varia- 61 62 tions) would permit the erection of a 30,000 sq. ft. office building. Trustee Seid- man, however, pointed out that a C -3 office building would be a commercial use and therefore not in compliance with the Comprehensive Plan. He added that the adjacent property owners on the west had publicly stated that they did not wish to buy the Sellas property and had no re--,r, need for it since they could only use it for extended parking areas. He coitimented'that-the Board frowned on greater than necessary black top parking.areas. Mr. Roy Alexson, 1222 Crabtree Lane, stating that he was in the food business and knew Mr. Sellas, spoke in favor of the restaurant. He submitted that Deerfield needs an excellent restaurant run by a "well known, hardworking, re- spected.r.estauranteur who is no fly -by- night operator." Mr. Joseph Chmiel, 423 Elm St., spoke in favor of a high quality restaurant for Deerfield and felt he was not alone in this opinion. He stated that the Village was considering a "tax break" for the Brickyard proposal_with two mod- erate priced restaurants .thathe feels .'are not needed by Deerfield which'klready has enough of this type ". He added that Mr. Sellas was not asking for financial assistance from the Village but only the chance to build and operate a fine restaurant. Mayor pro tern Heisler stated that letters favoring the restaurant had been received from Paul and Shirley Daube as well as the Deerfield Chamber of Commerce, and that two local newspaper editorials expressed their approval. Mr. Steve Cushner, 1041 Gordon Terrace, stated that despite the petitioner's statements, the proposal violates the Comprehensive Plan adopted, after much effort,.to protect residents to the nort,, He stated that those residents had not objected to the I -1 Zoning. He .,ited that Lake -Cook Plaza, the nearest commercial development, is considerably east; and that the proposed Brickyard development will be separated by geographical barriers from.the residences. He submitted that Mr. Sellas could buy enough of the I -1 pro- perty to the west, which is for sale, to make a parcel that could be developed I -1 according to.the Comprehensive Plan. He added that the Sellas'petition is,based on hardship, not on suitability. Also, courts do not look,favorably, in his opinion, upon -the type of restricLions proposed for the Sellas property. He pointed out that the Plan Commission lad rejected the proposal. Mr. Bob Holder, 19 Forestway, stated that C -2 Zoning on the Sellas site would do nothing to "enhance the Village's control of vacant property to the west; east, and north." He added that since the property could be put up for sale or adjacent property acquired, the real issue is the price of the land, and that the Village is under no obligation to maximize the financial gain of an individual. He pointed out that the character of the neighborhood is at stake and that the residents want that character preserved. Mr. Mike O'Brien, 20 Forestway, stated that preservation of the'neighborhoo(f character, not the quality of a restaurant, is the issue. Trustee York stated that he had considered Plan Commission reports, opinions of residents who had phoned him, and the sincere expressions by.other Board members, etc. He noted that variations -ive been granted to- "big businesses" and he felt that a small, independent businessman, asking relief for his problem piece of real estate, should.be helped.. He submitted that it would be a "terrible mistake" to turn down the petition. Trustee Seidman stated that although he had originally opposed the restaurant, before :the land to the west had been annexed and zoned', he'no longer was against it and did not wish to force Mr. Sellas to negotiate a sale or'.pur- chase with adjacent property owners. Trustee Marty moved,. seconded by Trustee Seidman,.to pass the ordinance re zoning the Sellas property at 3005 Lake= Cook'Road from R -1 to C -2. Motion failed on following vote: AYES: Seidman, York (2) - NAYS: Ehlers, Heisler, Marty, Swanson (4) The Board recessed at.9:05 and reconvened at 9:13, all Trustees being present and in attendance. GREELEY & HANSEN CONTRACT Temporarily deferred; at Staff request; ALTERNATE WATER SOURCE STUDY until receipt of additional information. 1 1 r. �3 POLICE SPECIAL SERVICE A report from Police Chief Richard Brandt INCREASE RATES recommended that the fee for organizations ,contracting for special police services be raised from $18 to $22 per -hour to.keep pace with the increased cost to the Village for supplying this service. Trustee Seidman moved, seconded by Trustee Swanson, to authorize increase of Special'Service Rates for Police to $22 per hour. Motion carried unanimously. GROUP DENTAL INSURANCE After a short discussion concerning AUTHORIZE PLAN entrance into Prudential Insurance Company's Group Dental Plan for employees and their dependents, Trustee Seidman moved, seconded by Trustee Swanson, to authorize the $1,500 Plan submitted by Prudential. Motion carried on the fol- lowing vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) AWARD PROPOSAL Director of Public Works Edmund Klasin- DIESEL ENGINE EQUIPMENT ski reported that the diesel engine of their Fiat -Allis front end loader had broken down during the last snow storm. The machine is critical to their operations. Inasmuch as there is only one distributor in the Chicago area for Fiat -Allis tractor parts, Willett Equipment Co. of Elmhurst, Ill., he re- quested that bids be waived and authorization be given to purchase the replace- ment engine for $9,306.44 from this company. Trustee Swanson.moved, seconded by Trustee Seidman, to waive the taking of bids. Motion carried unanimously. Trustee Swanson moved ;:.seconded by Trustee York, to authorize acceptance of the proposal from Wi11et'Equipment Co-.of Elmhurst, Ill. for a diesel engine in -ah amount not to exceed $9,306.44. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) CLASS C LIQUOR LICENSE A request from Ada's Famous Deli of ADA'S FAMOUS DELI Lake -Cook Plaza for a Class C.liquor license was discussed briefly by the Board. Trustee Seidman was of the opinion that police checks should be sub- mitted to the Board before the Board took.any action. Other Board members felt that the village attorney could be directed to prepare an ordinance amend- ing the Municipal Code to increase the number of Class C liquor'licenses,:•and the Board could delay action until the police report was received. • r Trustee Marty moved, - seconded by Trustee 'York, to instruct the village attor- ney to prepare an ordinance amending the Municipal Code to increase the num- ber of Class C. liquor licenses. Motion carried, Trustee Seidman voting Nay. CCPA CONTRACT AUTHORIZE SIGNATURE Village of Deerfield and the Chapter. Motion carried on Trustee Seidman moved, seconded by Trus- tee Swanson, that the Mayor'be.authori zed to sign the agreement between the Combined Counties Police Assocation, Deerfield,;, the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) A number of residents living on Greenwood Avenue between Crabtree and Strat- ford Road and two residents of Stratford Road were present to discuss flood - ing of.their basements which continues despite efforts of the.Public Works Department. Director Edmund Klaskinski reported that after the first.flood- ing in August, 1981 all sanitary lines were checked for-obstructions, cleaned for TV!inspection, cleaned of heavy root infestation,-and replacement of 450 ft. of lines (from Hazel northward on Cherry )was scheduled for 1982 -83. When the sewer surcharged in March 1982,.water levels were monitored, and when flooding occurred a month later, st:-face water run -off from the Park property north,of Greenwood flooded the ntersection at Crabtree, a problem needing immediate correction. He stated that the entire Northwest area will be smoke and dye tested, and the entire storm sewer along Greenwood Avenue will be flooded with dye to determine if there is a direct transfer to the sanitary sewer. All residents were advised to contact the Public Works'De- M19�. partment whenever flooding occurs. Correction of this matter has high priority- - with the Public Works Department. Mr. Charles Blanchard, President of the King's Cove Homeowners Association was present to urge official Deerfield support;_ of their opposition to the construc- tion of a residence for emotionally disturbed young.women (ages 14 -17) on High- land Park property adjacent to Kings Cove. The proposed residence would be part of the North Suburban Special Education District (NSSED) and would be built on the school path at Smoke Tree Road (just behind Kings Cove residences) which is used by most elementary school children. The Highland Park Plan Commission will hold a hearing for rezoning and a special use on April 27, 1982. Mr. Blanchard strongly requested the Board go on record opposing the special use.. After discussion, the Board felt it did not have any information other than that presented by the Kings Cove Assn. and would need more.data before taking any official action. Mr. Blanchard was advised that if additional informa- tion is made available for consideration and the Board wishes to take official action, there will be time to act before '-he matter comes up before the High- land Park City Council. Mayor pro tem Heisler announced that since Mayor Forrest had not yet arrived as expected, the Board would proceed with the scheduled hearings. PUBLIC '.. :TARING Federal Revenue Sharing Funds Mayor—pro- tem.. Heisler announced that the public hearing on use of Federal Revenue Sharing Funds was open for discu -lion and comment. Inasmuch.as no one requested permission to speak, Trustee Marty moved, seconded by Trustee Ehlers, that the hearing be closed. Motion carried unanimously.. Trustee Marty moved, seconded by Trustee Ehlers, that the Federal Revenue Sharing Funds be used entirely for debt service retirement. Motion carriedton following vote: AYES: Ehlers, Heisler, Marty,'Seidman, Swanson, York (6) NAYS:.. None (0) PUBLIC HEARING Annual Budget (1982 -83) Mayor:.pro-. tem Heisler opened the hey ing and announced that copies.:of:.the Budget and Mayor Forrest's Budget Messag.: (included in the Budget) were avail- able to the press. Manager Franz stated that the budget had been increased by 7% or $500,000. However.;. Mayor Forrest's budget message explained that "this will mean a 2.3% increase in real estate taxes, caused primarily by State pension requirements and an increase in scavenger costs mandated by con- tract. This represents the first increase in the Village's tax levy in three:. years. In both 1980 and 1981, we actually were able to reduce the amount levied. In fact, the projected 1982.le`,y will be only 1.2% higher than the Village's levy in 1979. We have been ab..e to hold the line on property.taxes through a combination of operational cost - saving measures and steady increases in other sources of revenue." 1 Mr. Thomas Parfitt, President of the Library Board (which must levy taxes through the Village) was present to respond to any inquiries regarding their proposed levy. Inasmuch as there was no one wishing to be heard, Trustee Seidman moved, seconded by Trustee Marty, to close the hearing. Motion carried unanimously. APPROVE ANNUAL BUDGET (1982 -83) ORDINANCE NO. 0 -82 -20 . ing. Motion carried unanimously. Ehlers, that the Annual Budget for Motion carried on the following vo Trustee Seidman moved, seconded by Trus- tee Marty, to waive the rules to permit passage of the ordinance on first read - Trustee-Seidman moved, seconded by Trustee 1982 3 be approved and the ordinance passed. to : AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) 1. ii y V 65 ESTABLISH SALARY Mayor pro tem Heisler, stated that Mayor VILLAGE MANAGER (1982 -83) Forrest had recommended that the salary ORDINANCE NO. 0 -82 -21 for the Village Manager be raised from $45,000 to $49,500. 'Trustee Marty moved, seconded by Trustee Ehlers, to waive the rules to permit passage of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, that the salary for village Manager be established at $49,500 for 1982 -83. Motion carried on following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) AMEND WAGE & SALARY PLAN (1982 -83) Trustee Swanson moved, seconded by Trustee ORDINANCE NO. 0 -82 -22 Marty, to waive the rules to permit.pass- < e of the ordinance on first reading. Motion carried unanimously..-,.Trustee Mary moved, seconded by Trustee Seidman, that. the ordinance amending wages and salaries of Village personnel for 1982 -83 . be passed. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Reports: Trustee Marty stated that local realtors had indicated their displeasure with the recently adopted Municipal Code Amendment providing for confiscation.of real estate signs in the public right oi way and the $5 redemption fee..She stated that an,ordinance had been in efftct since 1977 and they had only to obey the rules to avoid confiscation and payment of a fee for retrieval of their signs. Manager Franz stated that the Deerfield. Boys Baseball Assn. had requested permission to have a parade (involving about 1,000 youngsters) on May 8 and would require at least partial closing off of some streets. He stated he had some hesitanccy about making too many requests to the State for permis- sion to close streets, since a request will be made for the Memorial Day parade. The Board advised Mgr. Franz to handle the matter according to his best judgment. There being no further business to come uefore the Board, upon motion by Trustee Swanson and second by Trustee Seidman, the meeting was adjourned at 10:15 P.M. ATTEST: Village Cle 1 APPROVED: r Village President