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11/18/1974 (2)95 November 18, 1974 The regular meeting of the President and Board of Trustees of the Village of Deerfield was called to order by the President in the Council Chambers of the Village Hall on Monday, November 18,.1974 at 8 :10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Frederic R. Finne Norma Gavin George Kelm Lester T. Moate Walter H. Moses, Jr. Daniel H. Stiehr Absent: None and that a quorum was present and in attendance at the meeting. Also present were Messrs. James Stucko, representing the Village attorney, and Norris Stilphen, manager. Trustee Moses moved, seconded by Trustee Finne, that the minutes of the regular meeting held November 4, 1974 be approved as corrected (Page 91, line 19 add "Trustee Stiehr stated he was opposed to NIPC as an additional reviewing body." and Page 94, line 28, strike "stated ", substitute "asked if "). Motion carried unanimously. Approve Warrant No. W -74 -11 Trustee Kelm moved, seconded by Trustee Stiehr, that Warrant No. W -74 -11 - _Payment of bills including fund transfers and reimbursements, be approved. Adopted by the following v ote: Ayes: Finne, Gavin, Kelm, N ays: None (0) Treasurer's Report expenditures by activity, and cash flow statements. and there may be a profit Moate, Moses, Stiehr (6) The treasurer's report, dated October 31, 1974, included cash and investment statements, detail revenue and expense statement, highlight control report .The treasurer stated water revenues will cover all expenses Public Hearing AAA Cab A'.public hearing was held on the petition of AAA Approve Cert. of.Conveni:ence_ Cab Company, Highland Park, for the issuance of & Necessity a Certificate of Public Convenience and Necessity for the operation of a cab service in Deerfield. Mr. Jack K. Anhalt, owner, and Fred Barth, driver, represented the company. Mr. anhalt stated the company has operated in Highland Park for 17 months and he wants to expand. There will be two cabs in Deerfield, and this number may be increased to up to five if business warrants. The company will provide service until 12:30 a.m. The manager stated there have been complaints about cab service from time to time, and while no other municipality has adopted the reciprocal cab licensing agree- ment, cab companies licensed in other communities are allowed to bring cabs into Deerfield. The Takicab:Ordinance requires 24 hour service. A Sunset Cab representa- tive stated the company offers 24 hour service. A Birchwood Avenue resident stated either Sunset or Yellow Cab has responded to his calls for a cab to the airport. Mr. John Bure, attorney, said he has written twice to Sunset Cab to complain about poor service, and he has received no response. He stated more service is needed. Trustee Moses moved, seconded by Trustee Finne, that a Certificate of Public Convenience and Necessity be issued to AAA Cab Company.. Motion carried unanimously. President Forrest stated AAA Cab Company must comply with the ordinance which requires that drivers be not less than 21 years of age, and must provide 24 hour service, unless the Board changes the ordinance. Approve Consent Agenda The Consent Agenda was presented for consideration as follows: CONSENT AGENDA Authorization for.partial payment of $3,915.90 from escrow funds for improvements in Chesterfield's Laurel Hill Unit No. 7. M Authorization for partial payment of $27,824.85 from escrow funds for street improvements in Chesterfield's Laurel Hill Unit No. 9. Trustee Kelm moved, seconded by Trustee Gavin, that the Consent Agenda be approved. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) N ays: None (0) Report - Recodification A letter from the Village attorney stated he had met with the NIMLO staff in Washing- ton, D.C. on October 11, 1974, and the draft of the recodification has been received.. He anticipates that his review and the new draft will be available for the Board by the middle of the next week. BZA Report - Variation for A report from the Board of Zoning Appeals Insurance Office -420 County recommended that a variation be granted to Line (DiPietro) permit the continued use by Glenbrook Authorize Ordinance Insurance Company of the 950 sq. ft. office in the 420 County Line Road building, as requested by the owner, Mr. James DiPietro. The report questioned whether the petition wag ire °effect'.a request for a Special Use rather than a variation. The property is zoned M- Manufacturing. Mr. Donald Rosenbaum, a member of the Board of Zoning Appeals, stated that a part of the subject building is rented for an insurance office, a use not per- mitted in the M- Manufacturing District. The petitioner has requested that a variation be granted to permit a percentage of the building to be dsed for offices, but the Zoning Board felt this request was not within their jurisdiction, and recommended only that a variation be graxited only for the insurance office. Mr. Stucko stated the M regulations do not permit mixed uses although many Zoning Ordinances do permit a higher use of property. It was his opinion that the vari- ation recommended by the Board of Zoning Appeals was proper but felt that the matter of Special Uses in other than B- Business Districts should be looked into by the Plan Commission in its review of the Zoning Ordinance. He said some flexi- bility is needed. Mr. John Bure, attorney for the petitioner, stated the owner, Mr. DiPietro, had been notified that occupancy of office space by the insurance company was -in violation of the Zoning Ordinance, although plans submitted to the Building Depart- ment showed office space. He pointed out that property to the east and-across the street are zoned B- Business District in which Special Uses are permitted. He stated the ordinance should be clarified. Trustee Kelm moved, seconded by Trustee Moses, that the Board of Zoning Appeals' recommendation be accepted and an ordinance be prepared authorizing the variation. Motion carried unanimously. S.C. Report -Hazel & RR A report from the Safety Council recommended Crossing Guards that crossing guards be stationed on each side of the railroad tracks at Hazel Avenue for the safety of children who must cross at this location. Supporting data accompanied the recommendation. Discussion was had on the Council's recommendation, and a number of concerned residents of the area stressed the need for crossing guards at this location, citing the lack of visibility due to the grade of the railroad tracks, the unreliability of the crossing gates and the frequency of the trains-as reasons why the employment of guards is necessary. Many students from Maplewood and Holy Cross Schools must cross the tracks at this location and the speed of cars and trucks which have N stopped at the stop signs at either Chestnut or Park Avenues has picked up by the time the tracks are crossed, making it very hazardous for children who may be ,b crossing the street.' It was suggested that signs be attached to the stop signs o stating there is a hazardous crossing across the tracks, and the manager was re- b � q uested to 'look into appropriate signs. *Upon discusssion..it was stated the railroad _X gates were activated without a train crossing. Mr. Paul Box, traffic consultant_; stated this crossing had been studied previously in 1967 and 1970, and he did not feel it was a particularly hazardous location, there having been only 8 accidents in the past 4 years. He suggested the construction of a sidewalk across the tracks on the north side of Hazel Avenue. He said it was his opinion crossing guards were not needed and proposed the use of a safety patrol which he has consistently supported. Trustee Gavin pointed out that School District 109 has a policy of _opposition to safety patrols. 9 Trustee Moses moved, seconded by Trustee Stiehr, that the manager investigate the possibility.and cost of a sidewalk on the north side and the lengthening of the gates to cover both sides.of the street, and he contact the Milwaukee Road regarding this matter, and report at the next meeting. Motion carried. unanimously. It rotas suggested that a crossing guard take a look at the problem. The guard would have some insight and expertise and possibly some solutions or recommendations. .Several members said this was an excellent suggestion. Trustee Moses moved, seconded by Trustee Finne, that Mr. Box study this location if-crossing guards are a part of his studies undertaken for the Village. Motion carried unanimously. Mr. Willard Alroth, an associate of Mr. Box, stated the report would be ready for the next meeting if possible. The meeting was recessed at 9:35 p.m. and re- convened at 9:45 p.m., all members p resent. P.C. Report - Rudolph's Sub. A report from the Plan Commission recommended Approve Final Plat approval of the two -lot Rudolph Subdivision at �. 717 Wilmot Road, and execution of the final plat. ,"-Both lots comply with the requirements for R -1 Districts and are fully improved. There is a 50 ft. dedication for Wilmot Road right -of -way. N rl b The President reported that Plan Commission Chairman Cynthia Marty had called .,,and submitted a further recommendation that; iltbjuih the subdivision is surrounded ,b Park.District land five ft. easements for i i ies , y , �r,��plag.e be granted on the south, east �a nd north sides of the subdivision in the event the Park District decides to sell Oits property. No changes need be made to show,the easements on the plat of subdivision; -xa letter from the Rudolphs granting the right of easements would suffice. Mrs. Rudolph stated that neither the Park or School District Superintendents had indicated any interest in easements or selling when notice was given personally regarding the subdivision. All utilities are located on the Wilmot Road frontage. T hey.have dedicated 50 ft. for Wilmot Road although all other properties in the block have only a.33 ft. right -of -way. She pointed out that the former owner of the property to the south, now owned -by the Park District, had been denied a two -lot subdivision on the basis of insufficient frontage. They are willing to grant easements if necessary, but she se4 no reason why the easements should be required. Trustees Moses and Stiehr agreed-;with Mrs. Rudolph that the easements are unnecessary. Trustee,Moses moved, seconded by Trustee Moate, that the Plan Commission's recommendation be accepted, and the final plat of Rudolph's Subdivision be approved and execution thereof authorized. Motion carried unanimously. lst Presentation- Sightiine- The.-first presentation was made of the ordinance 0 rdinance Amendment -Add amending Section 11.120(d) of the Municipal Code Dangerous Intersections (Sightline Ordinance). by the addition-of certain intersections deemed to- be-unsafe. Trustee. Moses.,moved; seconded by Trustee.Moate, that the,:proposed ordinance be amended by adding the.intersections deemed dangerous by the Public_Works Director on his supplemental report, and those intersections marked with an asterisk and not deemed dangerous -be- reviewed by the Safety Council. Motion carried unanimously. 1st Presentation - Ordinances Stop Signs on Pine at Laurel & Gordon; No Parking on P ine St. Curves traffic in this area and his The first presentation was made of an ordinance authorizing the installation of Stop signs on Pine Street at Laurel and at Gordon Avenues. The President stated that Mr. Paul Box has not completed his report on pedestrian and vehicular recommendations on solutions to the safety problems. The first presentation was made of an ordinance prohibiting parking on both sides of Pine Street at the curves located between 127 and 209 Pine and 255 and 3 01 Pine. Trustee Kelm moved, 'seconded -b} Trustee Moses, that the rules be waived to permit action on the ordinance as its first presentation. eo Several residents-urged that both ordinances be passed at this time. Mr. Box stated the,-study is almost complete and some suggestions made by the Safety Council will be included. He will recommend that center lines be painted and advisory speed signs posted, but will not recommend the No Parking zones. Mr. Larry Greenberg, 268 Pine Street, asked that a copy of the report from Mr. Box be sent to him when available. Trustee Kelm moved, seconded by Trustee Gavin, that the matter be postponed until the next meeting. Motion carried unanimously. Retain No Left Turn Signs Rosemary Terrace duction in the volume of traffic stated the signs were not effect questioned whether the reduction on red at the Waukegan - Deerfield A number of residents of Rosemary Terrace asked that the No Left Turn signs onto Rosemary Terrace be retained, and a re- on ,Rosemary had resulted. Another letti3r ive and should be removed. Trustee Stiehr in traffic was not the result of right turns intersection. Trustee Stiehr moved, seconded by Trustee Moate, that the no left turns signs be removed. The motion failed by the following vote: Ayes: Moate, Stiehr (2) Nays: Finne, Gavin, Kelm, Moses (4) Trustee Moses stated the new "No Left Turn" signs should be tested before a decision is made on removal. Authorize Ordinance Discussion was had on the abatement of the Abatement of STP Bond Levy levy for bonds for sewage treatment plant additions and improvements, interest earned on investment of bond- funds being adequate for abatement. Trustee Moate moved, seconded by Trustee Gavin, that an ordinance be pre- pared abating the levy of $121,550 for payment of principal and interest on bonds for additions and improvements to the sewage treatment plant. Motion carried unanimously. Approve Contract' Theccontract with Warren and Van Praag, Warren & Van.Praag Inc. for the design.of the Carriage Way Carriage Way Bridge Design bridge was presented,.. as revised by the Board and approved by the company. Trustee Kelm moved, seconded.by Trustee Finne, that the contract be approved and execution thereof authorized. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) N ays: None (0) Ordinance Granting Variation The ordinance granting a variation from the 331, 333, 343 Fairview provisions of the zoning ordinance with (0- 74 -74) respect to the properties located at 331, 333 and 343 Fairview Avenue with respect to lot areas was presented. The President said he would sign the ordinance approving the Planned Develop- ment Laurel Hill Unit 9, Phase II and the_plat of subdivision. Trustee Moses moved, seconded by Trustee Moate, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Moses moved, secnnded by Trustee Kelm, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) N ays: None (0) The President signed the ordinance indicating his approval thereof. A2prove & Authorize Execution Trustee Moses moved, seconded by Trustee State Agreement Re: Brickyard Moate, that the Agreement with the State wherein the State agrees to contribute $250,000 toward the purchase of the brickyard property be approved and execution authorized. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) N ays: None (0) Trustee Moses stated, after discussion of maintenance of the floodwater retention facilities, that he would like to see spelled out what are the Village's responsibilities for maintenance. Approve & Authorize Execution Discussion was had on the effects of traffic Agreement with Lake County increases on Deerfield Road if the railroad Re: Underpass Funding underpass is widened, and on the Agreement with LakeCounty to pay $225,000 toward the cost of the improvement, estimated to cost $1,500,000. Federal funds will be used to pay 70 per cent of the cost, $1,050,000, and the Village will pay $225,000. Trustee Stiehr moved, seconded by Trustee Kelm, that the Agreement be approved and execution authorized. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) N ays: None (0) Resolution Failed -NIPC The resolution was presented supporting the Waste Planning Agency . Northeastern Illinois Planning Commission as the areawide waste management plotnning agency. Trustee Stiehr moved, seconded by Trustee Gavin, that the Resolution be adopted. The motion failed by the following vote: Ayes: Finne, Gavin (2) Nays: Kelm, Moate, Moses, Stiehr (4) Accept Audit Trustee Kelm moved, seconded by Trustee Moate, that the audit prepared by Ernst & Ernst for the fiscal year May 1, 1973 to April 30, 1974 be accepted. Motion carried unanimously. The treasurer stated that many recommendations made by Ernst & Ernst have been implemented. In response to Trustee Moate's question, Mr. Stucko stated the Board has no responsibility for the Police Pension Fund or the Library Fund. The Village has<;the power to levy taxes based on the budgets of these agencies. Accept Bid Grand Spaulding The treasurer recommended the acceptance of the Dodge $17911 - Squad Cars low bid of $17,911.00 submitted by Grand Spaulding Dodge for five squad cars, which includes a deduction of $2,650 for four trade -ins and an addition of $171.00 for radial tires. Trustee Moses moved, seconded by Trustee Finne, that the bid of $17,911, i ncludirig radial tires, submitted by Grand Spaulding Dodge, be accepted. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) N ays: None (0) Ordinance =Mun. Code Amend. The ordinance was presented amending Section No Parking - Wilmot, Deerfield 20.501 of the Municipal Code by adding to to Greenwood- Both'Sides the list of locations were parking is pro - (0-74-75) hibited at any time the following: East and West sides of Wilmot Road from its intersection with Deerfield Road, northerly, to its intersection with Greenwood Avenue. Trustee Moate moved, seconded by Trustee Moses, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Moate moved, seconded by Trustee Moses, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. W N N v v U v U Trustee Gavin stated the Safety Council had recommended that traffic in the right turn lane on Waukegan Road at Osterman Avenue must turn right. The manager stated that the approval of the State Highway Department must be ob- t ained . Trustee Gavin reported that the commitee had not yet met to review the revised Personnel rules. Trustee Moate stated that, although the Water Fund was now breaking even, it is his opinion that all overhead expenses of this Department are not ro erly allocated to this Fund, nor is there any provision for depreciation.A?Wis� sthe The President asked the manager and treasurer to recommend what changes should be. made, if any, to be reviewed by the ;Bear_d before next year's Budget. *Finance Committee Trustee Stiehr suggested that consideration be given to changing the date of the second meeting in odd -- numbered months to Sunday afternoons, in order to make attendance at meetings more accessible to residents, particularly young people. Trustee Moses stated he would not be in favor of Sunday meetings. Trustee Kelm stated the report from the North Shore Help Line did not show: that the Village of Deerfield is contributing to its support, and he felt the Village should be listed as a donor. He also questioned whether the Village should continue to help fund this program. President Forrest asked the manager to look into why the Village was not listed as a contributor. Trustee Gavin suggested that a booklet be prepared telling residents how to prepare petitions, etc. The manager reported that Allis Chalmers had approved the dedication for Kates Road and had asked, if the road is not constructed within ten years, the dedication at the water tower be declared null and void. The street will be constructed by Special Assessments, and essentially will be paid for by Sara Lee, Allis Chalmers and the Whitehall nursing home. The Village engineer has been asked to start the design of the 30 ft. wide, 8 in. thick concrete street. There being no further business, on motion by Trustee Stiehr and seconded by Trustee Moses, the meeting was adjourned at 11:20 p.m. ATTHST: Village Clerk 1 APPROVED: Presid nt 1 h', Ii fi