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08/16/1976it m August 16, 1976 The regular meeting of the President and Board of Trustees of the Village of Deerfield was called to order by the clerk, in the absence of the President, in the Council Chambers of the Village Hall on Monday, August 16, 1976 at 8:00 p.m. On roll call the following were Present: D. Jeffrey Blumenthal Norma Gavin Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson Absent: Bernard Forrest, President Daniel H. Stiehr and 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 Marty moved, seconded by Trustee Swanson, that Trustee Gavin be appointed President pro tem. Motion carried, Trustee Gavin not voting. Trustee Seidman moved, seconded by Trustee Marty, that the minutes of the regular meeting held August 2, 1976 be approved as corrected. (Page 45, line 22- Correction of typographical error "no "; Page 45, line 40 - delete "received" - substitute "Successfully processed ".) Motion carried unanimously. Approve Warrant No. W -76 -8 Trustee Marty moved, seconded by Trustee Swanson, that Warrant No. W -76 -8 - Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) Treasurer's Report The treasurer's report, dated July 31, 1976, was received, and included cash and investment statements, detail expenditures by activity, revenue and expense statement, high- light control report, and cash flow statements. Joseph Minardi- Presentation Mr. Joseph Minardi played a portion of the Recordings July 5th Parade taped recording he had made of the July 5th parade, and presented a tape and cassettes to the Village. The Board expressed its appreciation to Mr. Minardi for the gift. Consideration has been given to establish the Village library as the place where all bicentennial material will be made available to the public, and the recordings of the parade will be a valuable addition. Proclamation - Deerfield The week of August 16, 1976 was proclaimed Green and Gold Week to be Deerfield Green and Gold Week and commended the team members, their managers, parents „ and all others who assisted in making possible the participation of the teams in National Tournaments at Coeur d'Alene, Idaho, and Satellite Beach, Florida. The Proclamation was read in full, and copies will be made for each team member. Approve Contract Warren & Van Praag, Carriage Way - Carlisle Connection Carriage Way bridge andin doing points. The amount budgeted for will decide on the alignment of ments within 30 days. The Village engineer recommended that Warren & Van Praag, Inc., Consulting Engineers, be selected for the design of the Carriage Way - Carlisle connection. The firm designed the so has acquired valuable field data and control the roadway connection is $37,000. The Board the road, and he will bring three possible align- Mr. Gene Goldberg of the Colony Point Home Owners Association stated he hoped the Board would not consider the original "L" shaped plan, and that curves would be put in. Mr. Soyka stated the "L" was the least feasible of the plans. Trustee Marty moved, seconded by Trustee Swanson, that a resolution be adopted authorizing Warren & Van Praag, Inc. to prepare plans and specifications 49 for the roadway connecting Carriage Way with Carlisle Avenue, and execution of the Contract be authorized. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) Approve Consent Agenda The Consent Agenda, with four deletions and one addition, was presented for consideration as follows: CONSENT AGENDA Proclamation designating Friday, September 24, 1976 as Kiwanis Kids Peanut Sale Day in Deerfield. Authorize payment of $11,214.52 from escrow funds to C & L Paving Company, Inc. for work completed in Chesterfield's Laurel Hill No. 12, Engineer's Estimate #2. Authorize ordinance amending Command Structure of Police Department to provide for six Sergeants, as requested by Chief of Police Brandt. Approve appointments to fill vacancies: 00 Gerald W. Bard to Youth Council for two year term co Jerold Heisler as Chairman of the Safety Council Approve reappointment of George Valentine as Village Treasurer. Approve Application to Illinois Law Enforcement Commission for third year funding of Planning Grant, $7,937.00. Trustee Marty moved, seconded by Trustee Swanson, that the Consent Agenda be approved. Motion carried unanimously. Approve Schumacher & A report from the Architectural and Engineering Svoboda for Phase I Selection Committee recommended the firm of Commuter Parking Schumacher and Svoboda, Inc. be used to design the Phase I Commuter Parking Lots, and the Agreement for engineering services be executed. Trustee Seidman stated the clerk had recommended that Agreements be signed before presented to the Board for approval and execution, to avoid delays in getting signatures after Village approval and execution. Mr. Soyka stated that often Agreements for professional services are not signed until the Board has approved the Agreement. Trustee Marty moved, seconded by Trustee Blumenthal, that the Board approve and authorize execution of the Agreement with Schumacher and Svoboda, Inc. for engineering services in connection with Phase I Commuter Parking Lots. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) Ordinance -Amend Zoning Map Trustee Marty moved, seconded by Trustee Blumenthal, Part of Lot 3, Hastings Sub. that the ordinance be passed amending the Zoning (0- 76 -42) Ordinance by rezoning and reclassifying the West 100 feet of the North 100 feet of Lot 3, Hastings Subdivision,from the R -2 to the R -1 One- Family District. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) The President pro tem signed the ordinance indicating her approval thereof. Approve Final Plat Trustee Marty moved, seconded by Trustee Blumenthal, Cooper Resub. that the final plat of Cooper's Resubdivision of Lots 2 and 3, Hastings Subdivision, (639 Wilmot and 1530 Central) be approved, as recommended by the Plan Commission. Motion carried unanimously. 5© Approve Tag Day & Parade Trustee Marty moved, seconded by Trustee Jr. Football Boosters Blumenthal, that the Tag Day and parade of the Deerfield Junior Football Boosters Club on September 11, 1976 be approved. No solicitation in the streets will be permitted. Motion carried unanimously. Approve Nomination Trustee Marty moved, seconded by Trustee D.C. Duranso Seidman, that a resolution be adopted Exec. Trustee IMRF petitioning the candidacy of Donald C. Duranso for the office of Executive Trustee of the Illinois Municipal Retirement Fund. Motion carried unanimously. Postpone Youth Bound Mr. Stucko reported that Village officials Not - for - Profit Corp. or members of the Village government may serve as directors or officers of p- .ppopasled not - for - profit corporation for Youth Bound programs without upsetting the tax exemption of foundations who are prohibited from making contributions directly to municipalities. Trustee Swanson he did not think a corporation should be established at this time. Both Trustees Marty and Gavin said they would like to have the President and the full Board present for consideration of the matter. Discussion - Studies 412.& 13 Reports from the Board of Zoning Appeals and Chesterfield Resub. of the Plan Commission stated a preference for Solomon's Sub. (Marshall Study No. 12 of the proposed Chesterfield Re- Meadows) subdivision of Solomon's Subdivision (Marshall Meadows). Study No. 12 retains the dedicated right -of -way of Somerset Avenue and provides 65 lots, all but one having a mini- mum frontage of 66 feet. Plan Commission Chairman Whaley stated Somerset should be improved if economically feasible, but no formal vote on Study No. 12 was taken, only individual comments by members of the Commission. Mr. Fred Hillman, Chesterfield Development, stated that resubdivision as shown on Study No. 12 was not acceptable from an economic standpoint. He would prefer resubdivision under Study No. 13 of the two plans submitted at the request of the Board of Trustees, with 69 lots, Somerset vacated, and a pedestrian walkway provided from Prairie to Wayne. If Study No. 13 is approved he agreed to a combined total of sideyards of 18 feet. The vacation of Somerset would result in savings in the cost of street improvements that would approxi- mately.cover the loss of three lots versus the 72 lot resubdi�ri5i6n:.originally recommended for approval by majority vote of the Plan-Commission. Mr. Richard Lorenz, Chairman of the Board of Zoning Appeals, stated a majority of the members of the Board of Zoning Appeals had recommended denial of variations in lot area, width and sideyards, as requested by Mr. Hillman. Discussion was had on the various plans of resubdivision. It was pointed out that if Somerset is to be extended from Cherry Street to Forest Avenue, acquisition of a lot on Hillside will be required. Mr. Hillman stated Mr. Irl Marshall, owner.of'the property, had been negotiating with the buyer who planned to build on the lots as originally platted, and he felt that either the 72 lot or 69 lot resubdivision he has proposed would be a great improvement, and benficial to the area. The length of Stratford Road if Somerset is vacated was discussed, and Mr. Hillman stated stated its length was compatible with other streets in the vicinity. Several members stated they were opposed to the vacation of Somerset. The Stratford - Somerset intersection is needed for better traffic circulation, and will provide a break which will tend to slow down traffic. Mr. Hillman asked the Board to approve either the 69 lot or 72 lot resubdivision since other plans were not economically feasible. Trustee Seidman stated that if the Board of Zoning Appeals' recommendation for denial of variations is overruled, President Forrest and Trustee Stiehr should be present, Trustee Stiehr having been opposed to the small lots. He then moved that consideration of the matter be postponed to the next meeting. The motion failed for lack of a second. Trustee Marty moved, seconded by Trustee Blumenthal, that the Plan Com- mission's recommendation for approval of the 72 lot resubdivison be approved, the Board of Zoning Appeals recommendation for denial of variations be over- ruled, and the attorney be directed to prepare the necessary ordinances. Adopted by the following vote: 51 Ayes: Blumenthal, Gavin, Marty, Swanson (4) Nays: Seidman (1) Postpone NORTRAN Request Mr. Robert Benton, the Village's representative on to 9/7/76 Meeting NORTRAN, not being present, Trustee Marty moved, seconded by Trustee Swanson, that NORTRAN's request for a loan to meet operating expenses be tabled to the September 7th meeting. Motion carried, Trustee Seidman voting Nay. Discussion - Lake -Cook Plaza Mr. Salvatore Buccola, partner in Lake -Cook Plaza, Liquor Licenses stated he would like some indication from the Board on the number of liquor licenses that would be issued for restaurants in Lake -Cook Plaza. A high quality East coast restaurant is interested in locating in Lake -Cook Plaza, and two pizza restaurants have also expressed interest, but only if a Class E license will be available. The Annexation Agreement provides that not less than one liquor license will be authorized for a restaurant and one license for a package liquor store. One liquor license has been authorized for Siegelman's Restaurant, and he would like an expression of opinion on whether additional licenses will be made available. 00 Discussion was had on liquor licenses and Trustee Swanson pointed out that 2 owners Co of restaurants in the Central Business District had requested licenses, one a pizza restaurant. The Board, under Home Rule, has authorized the issuance of liquor licenses to restaurants in the hope of attracting a quality restaurant to locate in the Central Business District. Mr. Buccola stated a high class restaurant would want good visibility and a good building and he did not know if these criteria could be met in the Village's center. He has rejected several firms that were interested in locating in Lake -Cook Plaza because they were not compatible with the quality businesses he plans for the Plaza. He will try to attract businesses that are not in conflict with those in the Central Business District or Deerbrook. Mr. Buccola stated he was willing to forego a license for a package liquor store if a license is made available for a restaurant. Trustee Marty said she would be in favor of authorizing two liquor licenses for restaurants if the license for a package liquor store is given up, but a third license would be subject to debate. Trustee Swanson stated he would approve a liquor license for the East coast based restaurant but was not ready to authorize additional liquor licenses. It was the consensus that two Class E licenses would be authorized if the license for a package liquor store is given up, but the question of a third license was debatable. Ordinance Amending Budget The Ordinance was presented revising and supplementing (0- 76 -43) the annual budget for the fiscal year 1976 -77 by increasing the amount budgeted for contributions to the Illinois Retirement Fund, the revised page to be attached to said budget. Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Swanson, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) The President pro tem signed the ordinance indicating her approval thereof. Tax Levy Ordinance The ordinance was presented levying taxes for corp- (0- 76 -44) ate purposes for the fiscal year commencing on May 1, 1976 and ending April 30, 1977, cettified copies to be filed with the County Clerks of Lake and Cook Counties before the second Tuesday in September, 1976. Trustee Seidman moved, seconded by Trustee Blumenthal, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Blumenthal, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) The President pro tem signed the ordinance indicating her approval thereof. 52 Ordinance -Mun. Code Amend. Sec. 20.507, Cab or Bus Stai (0- 76 -45) 752 feet west of the center 802 feet west of the center The ordinance was presented amending Section :ids 20.507 of the Municipal Code by designating as a Bus Stand the 50 feet along the south side of Deerfield Road beginning at a point line of Waukegan Road and continuing to a point line of Waukegan Road. Trustee Marty moved, seconded by Trustee Swanson, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marty, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) The President pro tem signed the ordinance indicating her approval thereof. lst Presentation - Ordinance The first presentation was made of an ordin- Requiring Fence Permits ance amending Chapter 11 of the Municipal Code by adding a new Article VII to require a permit for construction of a fence, defining encroachments, and providing for inspections, fees and penalties. It was suggested that the phrase "or upon" be added to the second line of the section on Encroachment to more specifically spell out that fences may not be constructed on Village property. Trustee Marty stated she would like Mr. Smalley's comments on the ordinance. The Village engineer stated sprinkler systems are often installed on Village property without a permit, and are torn out during construction in the right -of -way. Ordinance -Mun. Code Amend. Chapter 11, Add Article V Sidewalks - Replacement & Repair (0- 76 -46) The ordinance was presented amending the Municipal Code by adding a new Article V, entitled "Sidewalks ", to Chapter 11 to establish a sidewalk replacement and repair program, and administration and implementa- tion of the program. It was stated that many sidewalks in the Village, particularly on Pine Street, are in bad condition. Trustee Seidman stated that cars are parked on the sidewalk in some places despite the ordinance which prohibits such parking. Trustee Marty moved, seconded by Trustee Swanson, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) The President pro tem signed the ordinance indicating her approval thereof. Ordinance -Mun. Code Amend. The ordinance was presented amending the Chapter 11, Add Article VI, Municipal Code by adding a new Article VI Sp. Tax - Sidewalk Construction entitled "Special Taxation for Sidewalk & Repair Construction and Repair" to Chapter 11, (0- 76 -47) and setting forth procedures. Trustee Swanson moved, seconded by Trustee Marty, that the rules to waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Blumenthal moved, seconded by Trustee Marty, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) The President pro tem signed the ordinance indicating her approval thereof. - 144, .1 Clerk's Reports directed by the Board, the Department. The amended Annexati former Strub property were Deeds by Mr. Stucko. 53 The clerk reported that a copy of the Lake County Long Range Highway Plan had been received. As plan was turned over to the Village engineer and Planning )n Agreement and Special Use ordinance pertaining to the recorded August 10th with the Cook County Recorder of The option on purchase of the Stryker lot on Jonquil Terrace expired July 10, 1976, and although the Board indicated a desire for extension of the option, no documentation has been received for recording. Trustee Marty stated that President Forrest that he would take care of this matter. The Volkswagen Agreement to annex when the property is contiguous to the Village has not been implemented although contiguity has been established for several years. Trustee Marty stated the Plan Commission felt a special district should not be created for Volkswagen, and the amount of taxes received by the Village would be small. No effective date was stated in the ordinance which requires the licensing of vending machines. Mrs. Emery has set October 1 as the date when licenses are due in order to give adequate time for licensing. The ordinance licensing vending machines becomes effective ten days after publication, and the clerk recommended that the Board set October 1 as the effective date. 10/1/76 Effective Date Trustee Seidman moved, seconded by Trustee Marty, Licensing Vending Machines that October 1, 1976 be set as the effective date for the ordinance licensing vending machines. Adopted by the following vote: Ayes: Blumenthal, Gavin. Marty, Seidman, Swanson (5) Nays: None (0) Approve $665 for Trustee Seidman moved, seconded by Trustee Marty, Padding Chairs that the expenditure of $665 be approved for the padding of chairs in an appropriate color. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Swanson (5) Nays: None (0) Trustee Seidman stated that a State law prohibits liquor in church property for special events and this law is widely disregarded as unreasonable. The manager will work with Mr. Stucko on an amendment for enactment by the legislature. There being no further business, on motion by Trustee Marty and seconded by Trustee Swanson, the meeting was adjourned at 10:30 p.m. ATTEST: Village Clerk APPROVED. President