05/07/1984/,9
May 7, 1984
The regular meeting of the Board of Trustees of the Village,of Deerfield was called
to order by the Mayor in the Council Chamber of the Village Hall on Monday, May 7,
1984 at 8:00 p.m. The Clerk called the roll and announced the following were
Present: Bernard Forrest, Mayor
Stephen 0. Jackson
James L. Marovitz
Cynthia J. Marty
Edwin B. Seidman
Vernon E. Swanson
J. Robert York
and that a quorum was present and in attendance. Also present were Village Mana-
ger Robert D. Franz and Village Attorney James K. Stucko.
Trustee Seidman moved, seconded by Trustee Marty, to approve' the minutes of the
April 16, 1984 meeting. Motion carried, Trustee Marovitz abstaining.
CAROLINE CT. - NO PARKING Manager Franz stated that residents of Caroline
SAFETY COUNCIL REP. /RECOMM. Court had requested that parking restrictions be
imposed to alleviate problems in maneuvering cars
on that street. The Police and Public Works Departments investigated the area and
made suggestions which the Safety Council considered at their meeting on April 9,
1984. All residents had been notified'and no objections were voiced at the meeting.
The Safety Council agreed, as suggested, to recommend that no parking signs be post-
ed on the east side of Caroline Court including the south side of the cul -de -sac.
Trustee Seidman reported that emergency vehicles (which have been called three times
to aid a resident) must "run an obstacle course" when cars are parked on both sides
of the street. Mayor Forrest invited comments from the audience, but no one wished
to be heard.
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Motion: Trustee Marty moved, seconded by Trustee Marovitz, to accept the recommend-
ation of the Safety Council and instruct the Village Attorney to prepare the neces-
sary ordinance. Motion carried unanimously.
1418 DARTMOUTH ( TAUSTEIN) Mr. Franz statedthat the Board of Zoning Appeals
SIDEYARD VARIATION had held a public hearing on April 10, 1984 to
BZA REP. /RECOMMENDATION consider the petition of Mr'. Joel Taustein 1418
Dartmouth, to permit expansion of their one -car
garage to a 2 -car garage by encroaching 7 feet into the required 15 -foot corner
side yard. Motion was made and seconded to recommend granting the request, based
upon the hardship of lack of adequate space in the house, more specifically, upon
a hardship on the street and neighbors,. The petitioner could build a detached
rear yard garage which would cause greater hardship to the neighborhood than what
is proposed. Motion failed for lack of a majority. .
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Mr. Taustein was present to ask the Board to find in his favor. He submitted that
the proposed garage addition would not encroach farther into the side yard nor
obscure the traffic sight..line more.than the large evergreen at the edge of the
present garage. Trustee Marovitt;.a.neighbor of Mr. Taustein, stated that he was
opposed to an "impractical and unsightly" detached rear yard garage. Trustee
Marty, while not favoring a detached garage, was concerned about the size of the var-
lation•...Questioned by. Mayor Forrest, Building and.Zoning Director Charles J.
Smalley stated there had been only about three instances in the past 23 years
of encroachment into corner side yards. Mayor Forrest noted that in the past, tan-
dem garages had been permitted. Trustee Jackson stated that practically all the
garages on'the street have 1 -car garages. Trustee Marovitz stated that homeowners
on the south side of Dartmouth had converted their garages into family rooms and
built rear yard garages which had caused a drainage problem,in the area.
Motion: Trustee Marovitz moved, seconded by Trustee Marty, not to approve the recom-
mendation of the BZA and to instruct the Village Attorney to prepare an ordinance
granting a 7 -foot side yard variation. Motion carried unanimously.
DEERFIELD FEDERAL S & L Manager Franz reported that the Plan Commission
DRIVE -THRU FACILITY had held a public hearing on April 12, 1984 to
PLAN COMM. REP. /RECOMM. consider the application of the'Deerfield Federal
Savings and Loan for a Special Uselto permit a
drive -thru banking facility on their property at 745 and 757 Deerfield Road. The
Plan Commission recommended (4 to 2, with 1 abstention) that the proposal be approved
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subject to the prohibition of left turns from the eastern drive onto Deerfield
Road at all times.
Also ~,I'the:Village Center'Dbvelo.pment Commission discussed the request and recom-
mended the request be approved with the exception of the left turn exits onto
Deerfield Road.
Motion: Trustee Seidman moved, seconded by Trustee Swanson, to accept the Plan
Commission recommendation and.to. instruct the attorney to prepare the necessary
ordinance.
Mr. Andrew Semmelman, atto..rney for the.Savings and Loan, asked the Board to hear
the views of Mr. Willard Alroth of Paul Box & Associates, Traffic Engineers. Mr.
.Alroth stated that currently there is only one ingress (at Deerfield Road) and
egress (at Waukegan Road - right turn only) for the property. He stated that
there are only about twenty more cars than were counted in 1978 when he first
looked at a drive -thru plan for the Savings & Loan. He noted that removal of
the traffic signal interconnect between Waukegan Road and Hoffman Petersen Lane
since 1978 had affected traffic gaps during peak hours and, therefore, they would
not recommend left -turns during 4 -6 p.m. He stated, however, that there were
ample traffic gaps during the bulk of the day and ample opportunity for vehicles
exiting left. He added that the proposed exit is well placed to allow left turns.,
Commenting on the parking patterns of the combined Alonzi, Fragassi and Savings &
Loan properties, he stated that the traffic circulation would be improved with
the Savings & Loan benefiting from a Deerfield Road egress and the Alonzi proper-
ty from a Waukegan Road egress.. He stated that the plan had been developed with
further revisions of access in mind, particularly in light of the Jewel Store
plans. He reported that at an informal meeting with the Deerfield Commons and
their traffic consultant, Neil Kenig of Barton Ashman Associates, there was a
consensus that the Commons would like to cooperate in a plan that would be mutual-
ly beneficial to all in conjunction with their expansion.
Trustee Marovitz asked how much risk exists at the Waukegan Road exit. Mr. Alroth
stated that there was none, and that with removal of the gate house and changed
turning radius, ease of egress would be improved. With no increase in the number
of cars to the property anticipated due to the drive -thru facility and no parti-
cular hazard at the Waukegan Road egress, Trustee Marovitz questioned the need for
left turn egress on Deerfield Road. Mr. Alroth said that the main purpose of a,full
Deerfield Road access was to provide greater convenience to Savings and Loan custo-
mers and egress without undue risk, both possible if peak hour left turns are re-
stricted.
Trustee York estimated that half the people exiting at Waukegan Road are from the
north side of the village and are forced to turn southward and make their way back
northward via either Osterman Avenue or the Commons parking lot. Trustee Marty agreed.
Motion: Trustee Marty moved, seconded by Trustee Jackson, that the ,present motion
to accept the Plan Commission recommendation be amended to permit leftiturn lanes
onto Deerfield Road except from 4 -6 p.m.. Motion carried unanimously. -
Mr. Wayne Ecklund of the Savings and Loan assured the Board that the gate house at
Waukegan Road would be removed.
Trustee Swanson asked whether the actual peak traffic period was from 4 to 6 p.m.
Mr. Alroth replied that it is a comfortable time span which allows for bad weather,
..unseen conditions, etc. Manager Franz stated that Staff felt a better approach
would be to get.some experience with rush hour periods, and that the time period
can be changed as actual conditions dictate. Since it is not known how much traffic
will occdr, Staff hesitates to point all exiting traffic east thereby congesting
the intersection when it is not necessary during non -peak hours.
Mr. Lauren Mallon, representing Landau & Heyman,,managitig,;agents of the Deerfield Com-
mons, said. their appearance at the Plan Commission meetings was not to delay the
Savings & Loan plan, which they do not oppose, but rather to let the Village know
that the Commons management and the Jewel Company have a very serious proposal for
expansion of the Jewel store and that their consultants feel their expansion plans
are compatible with the Savings & Loan plan.
Mr. Joseph Koss, Plan Commissioner, stated that his negative vote did not reflect
disapproval of the valid Savings and Loan plan, but rather his awareness of the
difficulty of effecting a good overall plan for the area (as recommended by the
Bartholomew study) if the four distinct plans coming before the Board are handled
on a piece meal basis.. He felt an opportunity for area development is being
lost. He recalled that in years past, Boards had unsuccessfully tried to get
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cooperation of occupants, who never seemed to want to do anything until they indivi-
dually made application. He stated that while the Seifried development was on the
right track, he was not pleased with plans for Judy's Pizzeria and was concerned
about the Commons'parking, receiving and docking facilities. He believed the Board
should act boldly to create a TIF district in this instance as it had done for the
Brickyards. He felt a triumverate would be required ... The Village, all the Princi-
pals, and a TIF.district.
Mayor Forrest stated that while he agreed with Mr. Koss' views, the Commons owner-
ship and management had not yet been able to solve their problems, primarily park-
ing. And while they continue to work on it, delaying the Savings and Loan would
work a hardship.
Motion: Trustee Swanson moved,
seconded by Trustee Jackson, to approve the Plan
Commission recommendation as amended
to permit left turns onto Deerfield Road ex-
cept between 4 -6 p.m., and to instruct
the Village Attorney to prepare the neces-
sary ordinances. Motion passed
unanimously.
MATAS CORPORATION
A public hearing was held on March 22, 1984
AMEND PREVIOUSLY APPROVED
(continued to April 19) to consider the peti-
PRELIM. DEVELOP. PLAN (PUD)
tion of Matas Corporation to amend their pre -
PLAN COMM. REP. /RECOMM.
viously approved Preliminary Development Plan
and
in order to tear down the existing structure
HEIGHT VARIATION
to permit the erection of five 52' office
BZA REP. /RECOMM.
buildings on the site. Motion to approve the
petition failed (on a vote of 0 -4); and the
PLAN COMMISSION therefore recommends
that the amended plan showing parking pro-
vided at 3.3'spaces /1000 sq. ft.
of leasable floor. area with reduced stall sizes
and aisle width be denied.
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The Plan Commission commented as follows on some of their considerations:
a. If parking area were to be provided at 4/1000 sq. ft. gross with the differ-
ence between 3.3/1,000 leasable and 4/1,000 gross being developed as open
space rather than pavement.on a building by building basis: Ayes: 2, Nays: 2
b. If a cap of 600,000 sq. ft. gross floor area in four buildings were set at the
maximum development for this site: Ayes: 2, Nays: 2
c. If parking stall sizes were reduced to 81� x l7k with the two -way aisle
reduced to 23': Ayes: 4
d. If required parking were to be .provided either on parking structures or under
buildings: Nays: 4
e. If the north /south interior road'was dedicated with all buildings being set
back at least 25' from the ROW with a sidewalk on one side: Ayes: 4
f. If height of buildings are greater than 45': Ali felt height to be a problem.
The BOARD OF ZONING APPEALS held a hearing on April 24, 1984 to consider the request
for a variation to permit.-five four -story buildings 52 feet in height. On a vote
of 5 to 0, the BZA recommended that the maximum building height of 52 feet (measured
from the first floor elevation) be granted, based on the uniqueness of the site and
the topographical hardship. There is a 16 -foot grade difference between the curb
level on Lake -Cook Road and the curb level at Kates Road.
Mr. Joseph Ash, 77 W. Washington St., Chicago, attorney for the petitioner, stated
that a careful reading of the Plan Commission minutes indicated that while they
actually favored the project, they had .raised three questions,:
1. Sidewalks. While the petitioner originally requested that no sidewalks be're-
quired, he is now willing to install a'sidewalk on one side of the major street
running through the site.
2. Setback of Buildings: The Plan Commission requested a minimum of a 25 -foot set-
back from the major street. Mr. Ash stated that a revised plan showed all
buildings repositioned 25 feet or more from the major street except for the two
easterly buildings which are set back 20 feet.
3. Density of the Project: Mr. Ash submitted that he felt there was misunderstand-
ing regarding density as evidenced by the Plan Commission vote on various items.
He felt this matter could be clarified by Mr. Myron Levin, owner and developer
of the property.,
Mr. Levin, President of Matas Corporation, stated that the property consists of
approximately 37 acres. He noted that Village requirements are 4 parking spaces
a_Z
-for 1,000 sq'. feet,of gross floor area, but their consultant had advised them
that 3.3 parking spaces per 1,000 sq. feet of leasable floor area was more than
sufficient and would reduce the sea of asphalt parking area. He submitted that
they had envisioned a campus /parklike setting with a major boulevard running
throughout the development and a lake... 35% landscaped area. He stated that
they would provide space for 4/1,000 parking slots, but would like to landbank
the difference between that figure and 3.3 /1,000 spaces in order to provide more
green space. He pointed out that the boulevard itself covers almost 150,000
square feet of the property and can be dedicated to the Village if it so wishes.
The boulevard could alleviate traffic on Waukegan and Lake -Cook Roads. Mr. Levin
stated that Phase I of the project will consist of two buildings with landbanked
area for parking. However, 4/1,000 parking can be provided if necessary. Under-
ground parking might even be provided.
Mayor Forrest asked whether there would be sufficient parking at each building.
Mr. Gerald E. Lindgren of Barton'Ashman, Traffic Consultants, stated that 4/1,000
parking spaces had been planned for each building. Trustee'Swanson, noting the
proximity of the access street to the railroad,.asked whether it would not be
better placed as far east as the Lake -Cook Plaza entrance. Mr. Lindgren replied
that an analysis had been made, and that a traffic signal at the access road would
be coordinated with the railroad.
Trustee Seidman inquired how a railroad underpass would impact the development.
Mr. Lindgren replied that, in that case, the whole design would be reconsidered,
and that the access road would be dropped to intersect with the new grade of
Lake -Cook Road. Under signal control, the drop could be accommodated. He added
that Cook County was aware of the proposed development as well as ,a possible
underpass at the railroad, and they had not registered an objection �o their
proposals. Mr. Levin stated that he was aware that adjustments might have to be
made in the road grade in the future, and that he was willing to do so, but was
ready to start the development now,with the same original commitments regarding
traffic signalization, etc.
Trustee Marovitz inquired about the possibility of underground parking. Mr. Lind-
gren stated it was being considered, and that a determination will be made when
final approval of Phase I is sought. Additional green space would be freed -up,by '
underground'parking. Trustee York asked why buildings of different heights had not
been planned to accommodate the differential in topography of the site. Mr. Shaw,
architect for Matas Corporation, stated that buildings of the same height are
more attractive for a campus effect. Trustee Seidman inquired why the eastern-
most buildings were 20 feet rather than 25 feet from the boulevard. Mr. Shaw
replied that a 25 -foot set back could be provided, but it would be more diffi-
cult to layout parking and desirable greenspace.
Trustee Seidman asked why a height variation had been sought. Mr. Levin replied
that extra height was needed to build what they considered a better building...
one with wider spans and taller ceilings, thereby attracting a higher type of
tenant. Trustee Seidman expressed concern that a height precedent would be set.
Mr. Levin replied that the whole 37 -acre site is unique, that it had only 420
feet of visibility.on Lake -Cook Road, was secluded and very private. He added
that they had not sought 52 -foot buildings for the.sake of 52 -feet, but from the
necessity to building something very special on the unusual site. He stated
that with little visibility, and the possibility of a future frontage viaduct,
they must develop very high quality buildings. Asked about roof -top mechani-
cal equipment, Mr. Levin stated that village ordinances permitted twelve feet,
but if set back far enough, they might not be very discernible.
Trustee Marovitz asked Village Engineer James Soyka about provisions for storm
water run -off from the parking area. Mr. Soyka.replied that.adequate I storm water
storage in a decorative pond is planned;, so there will be better water retention
than exists today.
The Board recessed at 9:45 p.me, reconvened at 9:53 p.m., with all members present
and in attendance.
Motion:
Trustee Marty moved, seconded by Trustee Marovitz, to accept the Plan Commission
report but overrule the recommendation and approve the Preliminary Development
Plan as presented including the variations and special uses previously approved
for Phase I, which is to include two buildings as depicted on the Plan, and also
approve additional variations as follows:
1. Provision of parking at 3.3 parking spaces per thousand square feet of
leasable floor space rather than the required 4 parking spaces per thou -
sand square feet of gross floor area.
2. Reduction in size of parking stalls from 19' x 9' to 17�' x 8�'.
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3. Reduction in width of two -aisle from 24 feet to 23 feet.
4. Parking to be permitted in required perimeter setback.
5. Corner of northwestern -most building to be located within required
perimeter setback.
6. Provision of sidewalk on the west side of the north /south street only:
Motion carried unanimously.
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Motion': Thereafter, Trustee Jackson moved, seconded by Trustee Marovitz, to
approve the BZA recommendation to grant a variation to permit buildings 52 feet
in height, and direct the preparation of an ordinance at the time that ordi-
nances approving the final plan of Phase I are presented.
Trustee Seidman stated that he did not see any hardship, only inconvenience,
and, therefore, no justification for granting a variation. He was concerned
about setting precedents for building heights over 45 feet.
Motion carried on the following vote:
AYES: Jackson, Marovitz, Marty, Swanson (4)
NAYS: Seidman (1)
ABSTAIN: York (1)
SIGN & FACADE MODIFICATION Mgr.. Franz reported that Mr. Joseph Valenti
DEERBROOK SHOPPING CENTER was requesting a sign modification which
BZA REPORT /RECOMMENDATION would allow two business wall signs to be
placed on a triangular- shaped facade at the
entrance to the Deerbrook,Shopping Center. Following a public hearing on
April 24, 1984, the Board,- of Zoning Appeals recommended that the double -faced
sign be allowed.
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Motion: Trustee Seidman moved, seconded by Trustee Jackson, to approve the
recommendation of the BZA and instruct the attorney to prepare the necessary
ordinance. Motion carried unanimously.
1438 WAUKEGAN ROAD (KONSLER) Trustee Seidman moved, seconded by Trustee
REZONING REQUEST Jackson,*to table the mattgr until a report
is received from the BZA. Motion carried
unanimously.
WATER MANAGEMENT STUDY Mr. Hal Sundin of Baxter & Woodman, Inc.,
BAXTER & WOODMAN Environmental Engineers, was present and
FINAL REPORT stated that the final report on the Storm
Water and Wastewater Management Study
had just been submitted to the Board of Trustees. He outlined the three areas
of the study ... Local Drainanage Problems, Overbank Flooding Problems, Sanitary
Sewer Problems. Mr. Sundin touched briefly on areas of investigation, metho-
dology, possible solutions and cost, alternative solutions, etc. He stated,
however, that additional investigative work on the sanitary sewer system will
be necessary in order to determine the best solution to that problem.
Mr. Sundin reported that cooperation of the Public Works and Engineering
staff had reduced the engineering costs by $35,000. Mayor Forrest also acknow-
ledged that the input of the Flood Advisory Committee which had supervised and
worked with the Village in helping prepare the report had been'invaluable. He
added that a workshop meeting to discuss details of the report will be set up
for the Consultants, the Flood Advisory Committee and the Village Board.
DIPIETRO/ BUCCOLA /SCM
REZONING /SPECIAL USE /PUD
ORDINANCE NO. 0 -84 -16
THEO. GALVANI PROPERTY
OSTERMAN /HOFFMAN LN.
REZONING /SPECIAL USE /PUD
ORDINANCE NO. 0 -84 -05
FOURTH OF. JULY PARADE
STREET CLOSINGS
RESOLUTION R -84 -05
CONSENT AGENDA
Second reading of ordinance.
Second reading of ordinance.
f]
Motion:
Trustee Seidman moved, seconded by Trustee Swanson, to approve the consent agenda.
Motion carried on following,vote. -
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AYES:' Jackson, Marovitz, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
The Mayor signed the ordinances indicating his approval thereof.
APPOINT WILLIAM BROWN Mayor Forrest reported that Mr. Russell Ferris
CHAIRMAN OF MANPOWER COMM. had asked to be relieved of the duties of Chair-
man of the Manpower Commission although he will
continue to serve on-the Commission. Mayor Forrest recommended appointment of Wm..
Brown as Chairman for the remainder of the unexpired term.
Motion: Trustee Marovitz moved, seconded by Trustee Marty, to approve the recom-
mendation. Motion carried unanimously.
GEORGE FINK SITE (BRICKYARDS) Mr. George Fink requested that his preliminary
EXTEND PRELIMINARY PLAT plan (which expires shortly) be extended. He
stated that the Plan Commission had approved a
health care facility for the site, but the health care corporation needs to get
approval for a certificate of need from the State of Illinois which requires
proof of a viable preliminary plan in order to issue the certificate.
Motion: Trustee Seidman moved, seconded by Trustee Marty to approve a.60-day
extension of the Preliminary Plan., Motion carried unanimously.
AUTHORIZE POLICE VEHICLE, Manager Franz stated that in 1982 the Village
(REPLACEMENT) purchased a 1981 Cutlass to be used by a Village
officer in the M.E.G. unit. M.E.G. then reim-
bursed the Village in monthly payments. The present vehicle'should be replaced,
and Staff recommended that the Board authorize the purchase of a 1983 Buick Regal
at a cost of $3,765 plus the 1981 Cutlass from York Governmental Fleet Sales of
Elmhurst,'Illinois.
Motion: Trustee Seidman moved, seconded by Trustee Marty to accept the'bid of
York Governmental Fleet Sales in an amount not to exceed $3,765. Motion carried
on the following vote:
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AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6)
.NAYS: None (0)
BUILDING DEPARTMENT VEHICLE Manager Franz noted that the request for a
AUTHORIZE REPLACEMENT vehicle was not in the budget, but still falls
within the figures approved. .Staff concluded
that ,a passenger vehicle was not as operational as a 4 -wheel drive vehicle for
inspection of construction areas which have increased and will continue to in
crease. Public Works Director checked with various dealers and found a very good
deal at Highland Park Chrysler - Plymouth on a 1979 2 -door Plymouth Trailduster/
Snow Command costing $4,200.
Motion: Trustee Seidman moved, seconded by Trustee York, to accept the bid of
Highland Park Chrysler- Plymouth at a cos,t not to exceed $4,200. Motion carried
on the following vote:
AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
50/50 PARKWAY TREES
AWARD BID
Arthur Weiler, Inc., Deerfield.
Manager Franz reported that ten invitations'to
bid on trees were mailed out, with four companies
submitting bids. The apparentlow bidder was
Motion: Trustee Marovitz moved.,.seconded by Trustee Swanson, to award the bid
for parkway trees to Arthur Weiler, Inc. Motion carried on the following vote:
AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
TREE & STUMP REMOVAL Sixteen invitations to bid on tree and stump
AWARD BID removal were mailed, and two companies sub-
mitted bids. Superior Landscaping, 5483 North-
west Highway, Chicago, was the apparent low bidder for a Tree Bid of $5,875 and
a Stump Bid of $1,135 for a total of $7,010.50.
ay
Motion: Trustee Seidman moved, seconded by Trustee York, to award the bid to
Superior Landscaping, Inc. for an amount not to exceed $7,010. Motion carried
on the following vote:
AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
PASSING SCHOOL BUSSES Ordinance amending Section 22 -92(b) of the
MUN. CODE AMENDMENT Municipal Code to conform with a recent change
ORDINANCE NO. 0 -84 -18 in the State law.
Motion:
T rug7e'e..Marty moved;. seconded.by Trustee Seidman, to waive the rules to permit
'passage of ordinance on first reading. Motion carried unanimously.
Trustee Marty moved, seconded by Trustee Seidman, to pass,the ordinance amend-
ing Section 22 -92(b) of the Municipal Code re: Approaching, Overtaking & Passing
School Bus. Motion - carried on following vote:
AYES: Jackson, Marovitz, Marty, Swanson, Seidman, York (6)
NAYS: None (0)
DEERFIELD FAMILY DAYS Deerfield Family Days requested permission to
REQUEST TO ERECT BANNER erect a banner at the viaduct for the period
June 19 to July 7, which period includes the
permitted two weeks plus 48 hours for removal of_the banner. The Board had
approved a similar request last year, and Staff had no objections.
Motion: Trustee Seidman moved, seconded by Trustee Swanson, to approve the
request for a-banner. Motion carried unanimously.
There being no further business to come before the Board, upon motion by
Trustee Seidman and second by Trustee Swanson, the me9ting was adjourned at 10:30
p.m.
APPROVED:
Mayor
TTEST:
Village C erk
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n