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04/06/1970 (2)rM April 6, 1970 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, April 6, 1970 at 8:15 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Charles R. Bootz George P. Schleicher Stephen M. Slavin M. Jay Turner, Jr. Absent: George Kelm and that a quoum - was present and in attendance at the meeting. Also present were Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager. Minutes of the regular meeting held March 16, 1970 were approved as sub- mitted on motion by Trustee Slavin, seconded by Trustee Turner, and carried unanimously. Bid -Elm Tree Spraying A sealed bid was received from Hamer Hargrave, Barrington,.for the spraying of an estimated 1100 elm trees with methoxychlor for Dutch elm disease control. The bid price was $3,530 and was accompanied by a bid bond. Accept Bid H. Hargrave $3530 Trus.tee Bootz moved, seconded by Trustee Dutch Elm Control Spray Schleicher, 'that the bid of $3,530 submitted by Hamer Hargrave for Dutch elm control spraying be accepted. Adopted by the following vote: Ayes: Bootz, Schleicher, Slavin, Turner (4) Nays: None (0) Bids -Lawn Tractor -Mower Sealed bids on a lawn tractor -mower were opened and read as follows: BIDDER NET BID Ralph Dehne Lawn & Garden Equipment $1,270.00 and Northbrook 1,175.00 Burris Equipment 650.00 and Waukegan 750.00 Reed - Randle Tractors 736.00 Waukegan Powerhouse, Inc. 879.50 Northbrook Geo. A. Davis, Inc. 770.00 Chicago Accept Bid Burris Equip. Trustee Schleicher moved, seconded by Trustee $650 Lawn Tractor -Mower Bootz, that the'low.bid of Burris Equipment in the amount of $650.00 be accepted for a lawn tractor mower. Trustee Kelm entered the meeting at 8:25 p.m. and was present thereafter. The motion to accept the bid of Burris Equipment was adopted by the following vote: Ayes: Bootz, Schleicher, Slavin, Turner (4) Nays: None (0) Pass: Kelm (1) Bids-Curb -& Gutter Replacement BIDDER Zera Construction Co. Sealed bids for curb and gutter replacement were opened and read as follows: BID I CHECK OR BOND $5,500.00 1000 lin. ft. Ck. $550.00 5.50 per lin. ft. CV U Q 25 Lakeland Construction Co. $6.,750.00 1000 lin. ft. Bond 6.75 per lin. ft. Eric Bolander Construction Co. 7,850.00 1000 lin. ft. Ck. $800 7.85 per lin. ft. Accept Bid -Zera Const. Trustee Bootz moved, seconded by Trustee Schleicher, Curb & Gutter Replacement that the low bid of Zera Construction Company be accepted .in the amount of $5,500.00 for 1000 lineal feet and a unit price of $5.50 per lineal foot.. Adopted by the following vote: Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5) Nays: None (0) BZA Report- Standard Oil Sign A report from the Board of Zoning Appeals recom- Variation- Attorney to Prepare mended that a variation be granted from the pro - Ordinance visions of the Zoning Ordinance to permit the erection of a 20' x 8' free - standing sign in the front yard of the Standard Oil service station not less than 2' 10" from the south property line at 700 Waukegan Road. Trustee Kelm moved, seconded by Trustee Bootz, that the recommendation of the Board of Zoning Appeals be accepted and the Village attorney be directed to prepare an ordinance granting the said variation. Motion carried unanimously. Youth Council Recommendations Re: A letter was received from the Youth Council who Juvenile Dept.- Referred to New recommend that the Juvenile Department be enlarged Chief & Police Study Group within the Police Department and listed specified duties which were felt to be appropriate for a Juvenile Department. The Council also recommended that the administrative structure of the Department be revised to allow for the promotion of the Juvenile officer while re- taining his status as Juvenile officer. Mr. David Cavins, Chairman of the Youth Council, was present and discussed the recommendations: Several members stated that they agreed in principle with the recommendations, but felt it would be premature to take any action at this time when a management study of the Police Department will be.undertaken and a new.Chief of Police appointed shortly. Trustee Bootz moved, seconded by Trustee Schleicher, that the report be accepted and referred to the new Chief of Police and the Police Management study agency. Motion carried unanimously. Discussion -No Parking Boats & Trustee Bootz moved, seconded by Trustee Kelm, Trailers - Remove from Agenda that,the discussion on the matter of prohibiting the parking of boats and trailers on residential lots be removed from the agenda. Pro and con opinions were expressed by members of the audience. Mr. Joseph Koss, 243 Wilmot Road, presented a letter stating his position. The suggestion was made that the question of prohibiting parking of boats and trailers be put to the voters of the Village. The motion to removed the item from the agenda qas adopted by the following vote: Ayes: Bootz, Kelm, Turner (3) Nays: Schleicher, Slavin (2) lst Presentation - Ordinance The first presentation was made of the ordinance Scavenger Amendment ;amending Article VII of Chapter 17 of the Muni- cipal Code relating to scavengers. The proposed ordinance has been posted on the bulletin board in the lobby of the Village Hall. Trustee Slavin moved, seconded by Trustee Kelm,.that a sentence be added to Section 17.708 - Penalty of the proposed ordinance to read: "Repeated violations of any provision of this Article shall be cause for revocation of the license by the Village Board." Adopted by the following vote: Ayes: Bootz, Kelm, Schleicher, Slavin (4) Nays: Turner (1) 1st Presentation - Ordinance The first presentation was made of the ordinance Garbage.& Refuse Amendment amending Article II of Chapter 18 of the Municipal Code relating to garbage and refuse. The ordinance 8 has been posted on the bulletin board in the lobby of the Village Hall. Several residents objected to the provision that grass and garden wastes be placed in plastic bags and taken to the curb no earlier than sundown of the day scheduled for collection. It was pointed out that many people cut lawns on week- ends and the bags of grass clippings may remain at the curb for several days before pickup. One resident stated the plastic bags are hard to fill and are easily torn, scattering the grass on the streets which is not only unsightly but tends to block storm sewers, and,suggested that the use of light weight plastic garbage cans be permitted. The cost of the plastic bags., which could amount to $1.00 or more per week, was aslo mentioned. Trustee Slavin.stated.that bags of lawn clippings at the curb for several days is prohibited by the present ordinance, and if the problem continues the Police Department should be instructed to enforce the ordinance. Several residents urged that plastic cans be permitted for garden and lawn wastes, the cans to be returned to the house by the scavenger. Trustee Slavin pointed out that this ;:practice would take additional time and would result in increased costs for service. Trustee Kelm noted that neither of the ordinances pertaining to scavengers established rates for service and asked that a resolution be prepared to establish maximum rates for service. Report -Sara Lee'Noise & Odors The manager read a letter from Kitchens of Sara Lee outlining steps taken to eliminate ruck noises at the north end of the building during the night hours. Large signs have been posted directing drivers to the south end of the property after 6:00 p.m. to remain there until interior loading docks at the north end of the building are available. Letters requesting cooperation have been sent to the heads of all trucking lines. Afterburners are being investigated to eliminate smoke emission from the incinerator, and there has been no violation since the last Board meeting. SEveral complaints havebeen received by the company regarding truck noises in the afternoon, but the letter pointed out there has been no. commitment regarding noises during daylight hours. Trustees Bootz and Turner stated the letter was merely a partial answer, and President Forrest asked that the matter be kept on the agenda. Library Access Rd. & Sidewalk Discussion was had on plans for the access Discussion road and sidewalk from Hazel Avenue to the new library. Sketches showed a 27 ft. street pavement, with a 5 ft. sidewalk where sufficient right -of -way is available, the remainder of the distance with a 3 ft. carriage walk. Mrs. Laura Lee Christoph, a member of the Safety Council, urged that a 5 ft. sidewalk with an adequate parkway be constructed the entire length of the street since carriage walks are impassable during part of the year and close proximity to traffic creates a hazard to children at all times. A reduction in pavement width to 24 ft. was discussed which would leave more space for sidewalks. Trustee Schleicher moved, seconded by Tristee..Bootz., that the manager be directed to prepare plans in accordance with Sketch "B" with a pavement width of 24 ft. Motion carried unanimously. ` Ordinance -Mun. Code Amend. Trustee Kelm moved, seconded by Trustee Turner, No Parking Deerfield at that the ordinance.be adopted amending Section. Petersen & Hoffman Lanes 20.501 of the Municipal Code to prohibit parking (0- 70 -12) at any time on the north side of Deerfield Road for a distance of 138 feet west of Petersen Lane and on the south side of Deerfield Road for a distance of 40 feet west of Hoffman Lane; the said ordinance to be published in pamphlet form. Adopted by the following vote: Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. The meeting was recessed at 9:15 p.m., and reconvenend at 9:40 ')p.m., all members present. Discussion - Liquor Licenses Messrs. Joseph Valenti, developer, Stephen Valenti Annexation & Johnson's Malato, attorney, and Gene Beak, rental agent, were present to discuss the proposed annexation of property for the expansion of the Deerbrook Shopping Center. Mr. Malato asked that the Board agree to increase the number of liquor licenses that two licenses will be available for the Shopping Center. would trust the President, as Liquor Commissioner, to issue th by Mr. Valenti. r�, t to be issued in order If the Board agrees, he e licenses as requested A third license for the sale and consumption of alcoholic liquor on the premises has been requested for the Phil Johnson restaurant. Trustee Bootz suggested that the ordinance be amended to provide for three licenses. The Village attorney pointed out that liquor licenses can not be issued except to a specific building or address, and it might be more desirable to amend the ordinance at the time the licenses are to be issued, otherwise two licenses would be avddable for which applications could be filed. He stated that conditions can be imposed establishing limitations on the hours when liquor can be served as well as to the service of food. Mr. Beak explained the problem of the developer who would have to indemnify a lessee if a building was built and leased subject to a liquor license and the license would not be issued. Mr. Malato proposed that the liquor license be authorized when the building permit is issued which would designate the location and address of the structure. The Village attorney will check whether meet statutory regulations. Mr. Beak stated that ohe-:ilicense was requested for the bowling alley where food of the snack bar type would be served as well as liquor, both of which are essential for the successful operation of such businesses. Mr. Valenti suggested 1:00 a.m, as the hour when service of liquor would cease. Mr. Valenti stated that hE wants a second "pouring" d license if a lease can be negotiated with a proper type restaurant; if not, he would request a license for a package liquor store to be operated in conjunction with a drug �}+ store. With reference to liquor license fees, Trustee Bootz stated that $5,000 had been Q proposed when a liquor license for the Red Balloon restaurant was discussed, and he felt this.amount was reasonable. Mr.. Bert Pollack, attorney for Phil Johnson, Inc., stated it was his opinion that the proposed liquor license fee was extraordinarily high and asked that he be permitted to participate /Hy discussion of license fees. Trustee Bootz suggested that one liquor license be made available now for the Phil Johnson restaurant, and moved that the Village attorney re- submit the ordinance prepared for the Board's consideration in connection with the request for a'liquor' license for the Red Balloon restaurant, copies of the said ordinance to be sent to the Board for study. Seconded by Trustee Slavin, and adopted by the following vote: Ayes: Bootz, Kelm, Schleicher, Slavin (4) Nays: Turner (1) Approve $20000 Contribution Discussion was had on Mr. Valenti's request that Deerbrook Add. Storm Sewer the Village pay for the installation of the storm sewer for the addition to the Deerbrook Shopping Center, estimated to cost between $40,000 and $4.6,000. The manager reported that the cost paid by Mr. Valenti for oversizing the present Deerbrook storm sewer for storm water drainage from adjacent properties was approximately $2,380, and the oversizing of the proposed sewer for drainage of the Werhane and Florence Avenue properties would be $7,055, a total of $9,435. Several Trustees stated a bad precedent would be established if the Village paid for improvements on private property. Trustee Bootz stated he would not object to the Village's paying the cost for oversizing the sewer. Mr. Beak stated no precedent would be established by Village payment for a storm sewer for a commercial dev &lopment which would give the Village approximately $250,000 sales tax revenue per year, and the proposed Deerbrook addition should not be compared with a residential development. Trustee Slavin moved, seconded by Trustee Bootz, that the expenditure of not more than $20,000 be authorized for oversizing the proposed Deerbrook storm sewer and as a contttbution to the remainder of the cost. Adopted by the following vote: Ayes: Bootz, Kelm, Slavin (3) Nays: Schleicher, Turner (2). Mr. Valenti stated the engineer's revised estimated cost of the storm sewer was $75,000 tp $80,000, not including oversizing for the Werhane and Florence Avenue properties. Approve Village Pay for Traffic Discussion was had on Mr. Valenti's request that Lights Deerbrook When Necessary the proposed Deerbrook Annexation Agreement pro- s; vide that the Village will pay for the installa- tion of any traffic lights and controls when and if necessary. Trustee Schleicher stated that Sara Lee had paid for the traffic lights at Kates Road, but Trustee Bootz pointed out the Kates Road lights had been installed for the convenience of Sara Lee whereas any traffic controls at Deerbrook would be for the convenience and safety of the public. r :.W `rma tee Kelm moved, seconded by Trustee .Schleicher, that the Annexation Agreement include a provision that the Village will pay for the installation of any traffic lights and controls at the Deerbrook Shopping Center that are deemed necessary by the Village. Motion carried unanimously. Mr. Valenti stated he would pay for necessary deceleration lanes, and he is working with the State and Cook County Highway Departments with respect to future plans.for road widening, etc. Other Deerbrook Matters With reference to the adequacy of the County Line -Road sanitary sewer to serve the Deer - brook Shopping Center, the manager stated the by -pass has been installed and the first rainfall would disclose any problem, but in any event, this sewer was "A Village responsibility, and the design capacity should accommodate the Deerbrook area. - Mr. Valenti stated the Plan Commission is reviewing the location of WArd's tire, battery and accessory store but Ward's would not consent to the relocation of the building; however, they are considering relocating the gas pumps as recommended by the Plan Commission. He stated that all signs except those provided for in the proposed Annexation Agreement will be attached to buildings in accordance with the provisions of the zoning ordinance. Mr. Beak stated sidewalks would be provided if necessary. President Forrest stated the Plan Commission will submit recommenda- tions on these matters which will be studied by the Board. 2 Liquor Licenses in Trustee Slavin moved, seconded by Trustee Annexation Agreement Bootz, that the attorney be authorized to include.-In the Annexation Agreement a pro- vision that two liquor licenses will be granted, one for a "pouring" license, the second either a "pouring" or a license for a package liquor store. Adopted by the following vote: Ayes: Bootz, Kelm, Schleicher, Slavin (4) Nays: Turner (1) Re: Comprehensive Traffic Study The.manager reported a proposal for a Com- prehensive Traffic Study had been received from Paul Box and he was awaiting a proposal from.De Leuw Cather. Trustee Slavin moved, seconded by Trustee Turner, that this matter be held on the agenda. Motion carried unanimously. A resident of Briarwood Vista Subdivision urged the Board to take immediate action to alleviate traffic hazards at the.Waukegan- County Line Road intersection without waiting for a comprehensive traffic survey or the widening of County Line Road. He stated the increase in accidents at this intersection warranted the ex- penditure of Village funds for modification of.traffic light controls to provide a protected left turn by means of an advanced green signal which was estimated to cost from $8,000 to $10,000. Authorize Ordinance Discussion was had on a proposed ordinance Removal of Inoperable Vehicles to authorize and require the removal of in- operable motor vbhicles. Trustee Slavin moved, seconded by Trustee_Turner, that the attorney be directed to prepare an ordinance comparable to the draft of 1967 with changes.to specify the number of days and the deletion from Section 5 the phrase "or to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles ", since the zoning ordinance does not permit such businesses. Motion carried unanimously. Approve Payment $1242.42 Trustee Bootz moved, seconded by Trustee B & W, Wilmot Storm Sewer Schleicher, that payment of $1,242.42 be approved to Baxter and.Woodman for engineering services in connection with the construction of the Wilmot Road relief storm sewer. Adopted by the following vote: J Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5) Nays: None (0) Re: N 1/2 North Ave. Completion Discussion was had on the completion of pavement of Improvements at Church on the north one -half of North Avenue adjacent to and east,of the Trinity United Church of Christ, the south half having been paved by the develpper of Scatterwood Subdivision. 29 . The manager suggested that the church be contacted and asked to pave the north half of the street. The Reverend Mr. Desenis stated the members of the church were concerned about safety due to changed conditions from the development-of the area. He said he would like to see a bridge constructed and North Avenue extended into High - larid Park, but until this can be accomplished it was his opinion that completion of the pavement would create a hazard by brii#bg more traffic into a residential area, particu- larly cars from the High School. He suggested the present problem could be allevi &ted by prohibiting parking on the half street and the erection of signs where the pavement narrows to a half street. Trustee Slavin recommended that these suggestions be tried before any other action is taken. Trustee Bootz stated he was opposed to half streets, and moved that the manager be instructed to contact the church regarding the completion of street pavement improve- ments. Adopted by the following vote: Ayes: Bootz, Schleicher, Turner (3) Nays: Kelm, Slavin (2) Authorize Wolf & Co. Audit Trustee Schleicher moved, seconded by Trustee Kelm, that Wolf and Company be authorized to audit the financial records of the village for the fiscal year 1969 -70. Adopted by the following vote: 1+ Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5) C4 Nays: None (0) Accept Ace Hosts Covenants Two covenants were received from Ace Hosts as recommended by the Plan Commission in connection Q with the Ace Hosts Subdivision and development thereof. Trustee Kelm moved, seconded by Trustee Turner, that the covenants be accepted and recorded with the subdivision plat, subject to signature of the Plan Commission on the plat. Motion carried unanimously. Refer Gordon- Kenmore Paving The manager.repoxted that the owners of 16 lots to Bd. of Local Improvements had approved-the construction of street improve- ments of Gordon Terrace and Kenmore Avenue by special assessments, the owners of 6 lots were opposed. Trustee Schleicher moved, seconded by Trustee Bootz, that the matter be referred to the Board of Local Improvements, and a resolution be prepared to initiate the special assessment. Motion carried unanimously. Resubdivision of the lots between Gordon Terrace and County Line Road as a planned development was questioned, since a resubdivision similar to the planned develop- ments in Hovland Subdivision heretofore approved would require individual driveways for each lot fronting on County Line Road which will be widened to a four -lane highway. The manager will check the planning consultant's report on resubdivision -of this area. Re: County Line Rd. Sidewalks The manager reported that a letter from the Cook & Pedestrian raffic Controls County Highway Department stated that it is the policy of the Department to replace but not in- stall sidewalks; however, a permit would be granted if walks are necessary for safety and the municipality will pay the full cost. President Forrest asked the manager to check with the Highway Department on the possibility of constructing sidewalks on the bridge which is not in the Village. The letter stated that a pedestrian traffic count had been made at the Waukegan - County Line Road intersection and present volume did not warrant the installation of pedestrian controls on the traffic ,lights, but a new count would be taken when the lights are installed and pedestrian controls added if necessary. Mrs. Laura Lee Christoph asked that the plans for the intersection be checked carefully to make sure that left turn signals are provided. Accept $2500 Grant for The manager reported that the Illinois Law Police Study Enforcement Commission had approved a grant of $2,500 for a study of the Police Department by the International Associat16nno5 Police Chiefs, in conjunction with studies of other Lake County Police Departments. The grant is to be transferred to Lake County, 90 per cent of the grant to be paid at this time, the remaining 10 per cent to be paid upon completion. Trustee Slavin moved, seconded by Trustee Turner, that the grant be accepted with thanks. Motion carried unanimously. Communications - Reports AI'lttter was received from the Lake County Law Enforcement Assistance Planning Committee stated the Committee was considering the establishment of a police training program for smaller communities, and asked if the Village would be interested in partici- pating. Trustee Bootz suggested that the invitation be declined. A letter from the State Highway Department stated that a speed survey had been made on Waukegan Road north of County Line Road, and the present speed of traffic did not justify a decrease in the present posted speed limit of 45 miles per hour. President Forrest reported the.School,Districts had formed an Interdistrict Committee, and asked for a meeting to discuss sharing the municipalities'rreceipts of State income tax with the School Districts. He stated a petition had been received signed by more than 100 young people of the community who were in favor of the proposed Valenti Deerbrook recreation center. The manager reported that the Cook County Highway Department will check pot- holes on County Line Road shoulders, and will repair them. The Board had no objection to the rgquest of a Preenwood Avenue /who asked to be granted permission to plant his parkway with crown vetch instedd of grass. A resolution will be prepared regarding a parade route as requested by Mr. Courtley. There being no further business, on motion by Trustee Bootz, seconded by Trustee Turner, the meeting was adjourned at 12:15 a.m. APPROVED: `,v�.t, Preside t ATTEST: y Village Clerk