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.
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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-
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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.
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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.
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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."
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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)
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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
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APPROVED:
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Village President