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08/16/1971 (2)PTI : �' August 16, 1971 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, August 16, 1971 at 8:30 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Charles R. Bootz Albert E. Brust Werner Neuman Stephen M. Slavin Absent: George Kelm M. Jay Turner, Jr. and that a quorum was present and in attendance at the meeting. Also present were Mr. Richard Houpt, Village attorney, and Mrs. Marjorie Emery, assistant to the manager. Trustee Slavin moved, seconded by Trustee Bootz, that the minutes of the regular meeting held August 2, 1971 be approved as corrected. (Page 201 - Brickyard Odor Report - lst line, 2nd paragraph "July 23rd "). Motion carried unanimously. Warrant W -71 -8 Trustee Slavin moved, seconded by Trustee Bootz, d^+ that Warrant No. W -71 -8 - Payment of bills in- cluding fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) N ays: None (0) Reconsider & Deny Shepard- President Forrest stated the Village attorney and Melchiorre, Harrison Rezoning the Chairman of the Plan Commission had met and researched the zoning classification of the Shepard, Melchiorre and Harrison properties, and the Board now had the benefit of the attorney's advice. Trustee Brust moved, seconded by Trustee Bootz, that the petition of Messrs. Shepard, Melchiorre and Harrison to rezone property to the R -7 Multiple - family classification be denied. The clerk reported that additional petitions had been filed, and 454 residents had now indicated their opposition to the rezoning. An affidavit has been filed to accompany the petition filed by abutting property owners objecting to the zoning change. Trustee Slavin stated he had previously voted to deny the petition, and as an individual he did not -like the prospect to multiple family development in this area; however, as a lawyer, he did not think the Village stood a very good chance of winning a law suit on the zoning of the subjectppoperties and therefore he would vote to grant the rezoning. Plan Commission member Richard Deutsch stated it was his opinion that the Village had a better than even chance to win a suit; and the Village's comprehensive plan would be a strong considerAtion in a court's decision. He pointed out the plan stated any rezoning for two - family and multiple - family uses should be on the fringes of the central business district. He urged denial of the petition. Further discussion was had, both Trustees Neuman and Brust sthting the opposition of residents in the area to the rezoning was a valid reason to deny the petition. Trustee Bootz moved, seconded by Trustee Brust, that the question be called. Motion carried unanimously. The motion to deny the rezoning gas adopted by the following vote: Ayes: Bootz, Brust, Neuman, Forrest (4) Nays: Slavin (1) Trustee Bootz moved, seconded by Trustee Brust, Deny R -7 Rezoning that the petition to rezone Lot 5, Shepard's Lot 5, Shepard's Sub. Subdivision to the R -7 multiple family district classification be denied, in accordance with the recommendation of the Plan Commission. S Motion carried unanimously. Igo F.C. Report- Nursery School The report from the Plan Commission recom- social-Use at H612rCr6ss mended that a Special Use be granted to Authorize Ordinance permit the operation of a nursery school for not more than 40 . children at the site of Holy Cross School. Trustee Bootz moved, seconded by Trustee Brust, that the recommendation of the Plan Commission be approved, and the Village atttorney be directed to prepare the ordinance authorizing the Special .Use. Motion carried unanimously. BZA Report- Standard Oil Rear A report from the Board of Zoning Appeals .Yard Variation- 1 Waukegan recommended that a variation be granted to Authorize Ordinance permit the relocation and reconstruction of the Standard Oil service station at 1 Waukegan Road with a rear yard of four feet in lieu of the required ten feet. Mrs. Laura Lee Christoph stated the original installation of lights at the Standard Oil station had been an annoyance to nearby residents and correction had finally be made, and asked that care be taken that a new installation would not create a problem. The Village attorney stated this problem could be solved by a requirement that lights shall be installed comparable to those presently in use as a condition of the variation. Trustee Bri4st moved, seconded by Trustee Bootz, that the recommendation of the Board of Zoning Appeals be approved, and the Villggeaattorney be instructed to prepare the ordinance granting the variation as requested by the Standard Oil Company subject to the condition that lighting be no greater than presently in- stalled. Motion carried unanimously. S.C. Report -Stop Signs A report.from the Safety Council recommended North Ave. at Crabtree that stop signs for east and west traffic be Authorize Ordinance erected on North Avenue at Crabtree Lane, and the Village of Bannockburn be requested to contact the owner of property at the northeast corner of North Avenue and Crabtree to instruct him to remove shrubbery which obscures vision and presents a traffic hazard. It was pointed out that the north half of North Avenue is in Bannockburn, and a stop sign at the northeast corner must be authorized by Bannockburn. Trustee Slavin moved, seconded by Trustee Bootz, that the recommendation of the Safdty,Council be approved, and an ordinance authorizing the stop sign be prepared. Motion carried unanimously. The Village of Bannockburn will be requested to cooperate by authorizing the stop sign on North. Avenue at Crabtree and arranging for removal of shrubs. S.C. Report -Stop Signs A report from the Safety Council recommended Carriage Way-at Smoke Tree that stop signs be installed on Carriage Way Authorize Ordinance at Smoke Tree Road. Trustee Bootz moved, seconded by Trustee Brust, that an ordinance be prepared in accordance with the recommendation of the Safety Council. Motion carried unanimously. S.C. Recommendation- Increase A letter from the Safety Council suggested Police Surveillance -Hazel Ave. increased police surveillance on Hazel Avenue from the railroad to Wilmot Road due to the large volume of traffic using this street. President Forrest stated this is being done and asked that a written report from the Police Department be prepared for the next meeting. Discussion - Bushes, Speed, Sidewalks stated overhanging trees wer bushes obstructed sidewalks. the cooperation of the Press Discussion was had on bushes at corners which obstruct the view and are hazardous to traffic and pedestrians. A resident of Osterman Avenue e also a problem, and in some locations overgrown Trustee Neuman suggested the Safety Council seek in warning residents of these dangers and requesting TOT that bushes and trees be trimmed. Residents of Hazel Avenue asked for a reduction in the posted speed limit and additional stop signs. President Forrest stated Mr. Paul Box had made a study of the area, and the Board had followed his recommendations on stop signs and crosswalk locations. It was explained that speed limits cannot be reduced unless a survey shows the reduction is warranted. Mrs. Laura Lee Christoph, a member of the Safety Council„ stated she had spent approximately 10 hours last year observing traffic and school children in the area. She reported that many parents, teachers and children disregard signs, and stated it was her opinion that safety education at home and in school was the most important factor in accident prevention. Mrs. Pat Price, Osterman Avenue, stated there were gaps in sidewalks on Osterman and 'Jonquil Terrace and suggested that complete sidewalks on both sides of these streets would make a considerable difference in safety. President Forrest stated this request should be made to the Safety Council. The meeting was recessed at 9:30 p.m., and reconvened at 9:40 p.m. Report -Odor Problems President Forrest reported that a breakdown of equipment at the sewage treatment plant had caused a severe odor problem, but the plant was now functioning properly and odors abated. He stated he had received a telephone call from Dr. Smith of the Lake County Health Department, who had stated the Health Department had many inspections of the brickyard landfill operation and had been informed by the operator that the Village Q and Park District dump leaves and grass in the landfill. Dr. Smith also stated the Health Department's landfill ordinance does not prohibit the dumping of putrescible material. The President stated he had investigated and found that neither the Village or Park District were dumping grass or leaves at the brickyards. The Village attorney stated the Lake County Building and Zoning Department who issued the permit for the landfill, should be requested to enforce the conditions of the permit which prohibits the dumping of putrescible material. Mr. Lewis Levit, 255 Pine Street, stated he had noticed odors from time to time, but there were few days when.it was unbearable. He had called the manager and the Police Department several times to complain about the odor and the answers he had received were not consistent. He was told the landfill was the source of the odors but it was evident that the sewage treatment plant was also involved. President Forrest stated the problems at the sewage treatment plant were supposedly now rectified, Baxter & Woodman having been consulted on the problem. Trustee Neuman proposed that Public Works Director Klasinski be asked to list the processes which are critical and should be monitored to insure continuous satisfactory treatment of sewage. President Forrest stated Mr. Klasinski would be asked to submit this report for the next meeting. A letter from YES stated the members had received no reports on odors from the landfill, but numerous reports had been received on odors from the sewage treat- ment plant. Trustee Neuman stated, in answer to the YES letter, that on -site in- spections of the brickyards had clearly shown that odors emanated,. from the landfill although other odors might be apparent from time to time. Mrs. Laura Lee Christoph stated grass was still being dumped in the landfill, and asked why court action was not taken. The Village attorney stated that present data and one report from the odor expert were insufficient to institute proceedings, and further, the County Building and Zoning Department must be asked to enforce the provisions of the landfill permit. The matter will be on the agenda for the next meeting. Sara Lee Surcharge Agreement The Extension Agreement with Kitchens of Sara Lee for treatment of industrical wastes was presented. Trustees Brust and Neuman questioned whether the Village or Village engineer should be involved in recommending what changes shall be made by Sara Lee to prevent the discharge of Freon into the sewer system. Trustee Brust stated the wrong chemical designation for Freon had been given, and asked that this be checked. Trustee Neuman moved, seconded by Trustee Brust, that Section 2 of the Agree- ment be amended to read as follows: 4th line - "equipment as may be necessary ", and 5th line - delete the phrase "to the fullest extent practicable ". Motion carried unanimously. Postpone Ordinance Re: Trustee Brust expressed several objections to the Chemical Wastes & Dilution ordinance amending Sections 24.313 and 24.315 of L' ' the Municipal Code pertaining to chemical wastes and dilution, and proposed several changes. Trustee Brust then moved, seconded by Trustee Slavin, that consideration of the ordinance be postponed to the next meeting. Motion carried unanimously. Resolution -CBD Improvement A resolution was presented and read establish - Committee ing -a Central Business District Expansion (R- 71 -13) Committee. Mr. Robert York, executive secre- tary of the Chamber of Commerce, stated the Chamber would support such a committee. ` Trustee Brust moved, seconded by Trustee Neuman, that the resolution be adopted with the Committee membership set at five. Discussion was had on the function of the committee and the number of members to be appointed. President Forrest stated the resolution was a policy statement and meant to set broad guide lines for the committee, and recommended that the committee consist of name members. Trustee Brust then moved, seconded. by Trustee Neuman, that the motion be amended to provide for the appointment of a nine member committee. Trustee Slavin. suggested changing the name of the committee to "Central-Business District Im- provement Committee ", and a change in Section 6 to provide funds "as appropriated from time to time by the Board of Trustees." These changes were approved. The resolution was adopted by the following vote: Ayes: Brust, Neuman, Turner, Forrest (4) Nays: Bootz (1) Approve Family Day Solicitation Mr. Roy Kissling, Deerfield Family Day with Water Bills Committee, stated the solicitation of funds for Family Day with Village billings had been very successful, and asked that the same method of solicitation be permitted for the 1972 event. Trustee Slavin stated it was his opinion that solicitation for private endeavors in conjunction with Village billings set a bad precedent and should not be permitted. It was pointed out that Deerfield Family Day was a unique event and could not be construed as setting a precedent for solicitation by other groups. Trustee Brust moved, seconded by Trustee Bootz, that the Family Day Committee be allowed to solicit funds for Family Day with the Village's water and sewer billings, the Committee to pay all additional costs. Adopted by the following vote: Ayes: Boot ;, Brust, Neuman, Forrest (4) Nays: Slavin (1) Re: Traffic Safety Study President Forrest stated reports had been received from the Chief of Police, the Safety Council and the Plan Commission on the Traffic Safety Study prepared by Mr. Paul Box. Trustee Neuman stated he had not had an opportunity to read the report. President Forrest stated there were only a few copies of the preliminary report, and proposed that the comments of the Chief, Safety Council and Plan Commission be'sent to Mr. Box with a request for a final report. There was no objection to this proposal. President Forrest stated the ordinance providing for a stop sign at the southwest corner of Laurel and Willow was unnecessary, since the sign had been authorized by a previous ordinance, and would be erected. Ordinance -Off -Site Parking Trustee Neuman moved, seconded by Trustee 631 Deerfield Rd. ( TAnelian) Slavin, that the ordinance be passed author - (0- 71 -31) izing off -site parking with respect to the property located at 631 Deerfield Road, slbject to the petitioner, Mr. Edward Tanelian, filing a covenant in accordance with the provisions of the Zoning Ordinance relating to off -site parking. Adopted b y the following vote: Ayes: Bootz, Neuman, Slavin, Forrest (4) Nays: None (0) Pass: Brust (1) The President signed the ordinance indicating his approval thereof. u 209 Ordinance -Mun. Code Amend. An ordinance was presented amending the Municipal Chap. 21A - Parking Lots Code by adding a new Chapter 21A - Parking Lots, 0- 71-32) and setting forth regulations for parking on Village owned lots. President Forrest reported a letter had been received from a Highland Park resident who objected to the Park Avenue lot being restricted to Deerfield residents only as is presently posted. Trustee Brust stated the lot was purchased by the Village from Village funds and the restriction was not unreasonable. Trustee Neuman suggested the signs be removed. Trustee Bootz moved, seconded by Trustee Brust, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Bootz then moved, seconded by Trustee Brust, that the ordinance be passed. Trustee Neuman moved, seconded by Trustee Bootz, that Section 21A.03 pertaining to restricted parking on the Park Avenuellot be deleted and the following sections be re- numbered. Trustee Slavin stated that other communities have restricted parking on certain lots to residents only, and as long as other parking are_as had been provided, he saw nothing wrong in restricted parking on the Park AvenueWlich had been paid for by the Village. Trustee Neuman stated he supported inter - governmental cooperation and objected to any restrictions in principle. He stated parking should be open to any person, and if financing - parking was a problem, he suggested parking permits be sold Q with a lower rate for Village residents. The motion to delete Section 21AA 3 was adopted by the following vote: Ayes: Bootz, Neuman, Forrest (3) Nays: Brust, Slavin (2) Trustee Neuman then moved, seconded by Trustee Slavin, that the ordinance be passed as amended. Adopted by the following vote: Ayes: Boot ;, Neuman, Slavin, Forrest (4) Nays: Brust (1) The ordinance as corrected will be retyped for the President's signature. MFT Maint. Materials Bids Accept Peter Baker & Son Bid Peter Baker & Son Skokie Valley Asphalt Bids for bituminous patching material under the Motor Fuel Tax Maintenance program were received as follows: $8.75 per ton $9.00 per ton The Illinois Deivision of Highways recommended acceptance of the low bid submitted by Peter Baker and Son. Trustee Bootz moved, seconded by Trustee Brust, that the low bid of Peter Baker & Son be accepted. Adotped by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) Nays: None (0) Bids -MFT Pine Overlayment Accept Peter Baker & Son Bid Skokie Valley Asphalt Peter Baker & Son Liberty Asphalt The following bids were received for the overlayment of Pine Street under the Motor Fuel Tax program: $29,813.65 $29,171.50 $30,601.75 Trustee Bootz moved, seconded by Trustee Neuman, that the low bid of $29,171.50 submitted by Peter Baker & Son be accepted. Adopted by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) Nays: None (0) 1971 -72 Tax Levy Ordinance The ordinance levying taxes for the year May 1, (0- 71 -33) 1971 to April 30, 1972 was presented. President 210 ° Forrest stated the levy for the General Corporate Fund was designed to give a rate of .12 per $100 of assessed valuation, a reduction from the 1.189 rate levied this year. The ordinancf as been posted on the lobby bulletin board. Neuman (Corr@6ted 9/7/71) Trustee WE-Yee-r moved, seconded by Trustee Slavin, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Bootz then moved, seconded by Trustee Neuman, that the Tax Levy Ordinance be passed. Adopted by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) Nays: None (0) The President signed the ordinance indicating his approval thereof. 1st Presentation- Ordinances The first presentation was made of the St. & Bridge Levy and ordinance levying a tax for street and Abatement of Mun. Bldg. Bond Levy bridge purposes, and the ordinance abating the levy for Municipal Building Bonds. Both ordinances have been posted on the bulletin board in the lobby. Accept Plat of Dedication Trustee Brust moved, seconded by Trustee SW Corner Lake -Cook & Waukegan Slavin, that the Plat of Dedication of a (Valenti -Red Balloon) tract at the southwest corner of Lake -Cook and Waukegan Roads for right -turn lanes be accepted. Adopted by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) Nays: None (0) Mrs. Christoph reported there were large holes in the south shoulder of Lake -Cook Road adjacent to the Deerbrook Shopping Center. The Public Works Department will be directed to fill these holes. Lake Co. Long Range Hwy. Plan Receipt was acknowledged of the Lake County Long Range Highway Plan for the years 1971 to 1991. The plan is presently being reviewed by the Public Works Director and then will be sent to President Forrest. Approve Payment $683.84 Trustee Brust moved, seconded by Trustee to B & W -MFT 31 TL CS Bootz, that payment of $683.84 be approved to Baxter & Woodman for engineering services in connection with Motor Fuel Tax project Section 31 TL CS, Higli.School traffic lights. Adopted by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) Nays: None (0) Report - Rosemary Speed Survey A report on a speed survey on Rosemary Terrace was received from the Chief of Police, who recommended that the speed limit not be reduced and was not justified. Ordinance -Mun. Code Amend. An ordinance was presented amending Section Sec. 20.601 Drivers License 20.601 of the Municipal Code pertaining to (0- 71 -34) driver's licenses. TheVillage attorney stated the ordinance had been requested by the Village's prosecuting attorney to bring the Village ordinance into conformity with the State law and permit prosecution for violations under the Village ordinance. Trustee Slavin moved, seconded by Trustee Bootz, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Bootz then moved, seconded by Trustee Brust, that the said ordinance be passed. Adopted by the following vote: Ayes: Bootz, Brust, Neuman, Slavin (4) Nays: None (0) The President signed the ordinance indicating his approval thereof. Reports - Communications President Forrest stated a letter had been received from Mr. Glen Trantor of Kitchens of Sara Lee expressing ffidhks' for rthe cooperation received from the Police Depart' ment during the Sara Lee strike. R• A meeting of the North Shore Transportation Council will be held on August 19 at 8:00 p.m. at the Skokie Fire Department. President Fosrett reported that Mr. William W Donnell had submitted his resignation from the Youth Council. The Manpower Commission will be notified df the vacancy. Notice was received from the Illinois Commerce Commission that the hearing on the North Shore Gas Company rate increase had been continued to August 30th. Mrs. Emery, assistant to the manager, reported that the 33 Flavors ice cream store had been inspected by the Lake County Health Department and found to be in violation of Healih.Depprtment regulations. A number of complaints of general un- cleanliness :-,havebbeen-i•received. The Village ordinance provides for a fine and revocation of license for violations. Trustee Slavin stated the license should not be revoked without giving the owner a chance to respond, and suggested the matter be placed on the agenda for the next meeting, and the owner notified that unless he shows cause, the license will be revoked. Trustee Neuman stated the Police Department monthly report showed great improvement,. and asked th$t future reports show a monthly and year to date enforce- ment index. President Forrest reported that the CollegeitofyLake County at Grays Lake is offering a course on community planning and zoning to meet on 12 Wednesdays �+ starting September 27th. The tuition is $19.50. Trustee Neuman suggested this.- course be brought to the attention of the Plan Commission with a requett that as many members as possible attend. Q There being no further business, on motion by Trustee Neuman and seconded by Trustee Slavin, the meeting was adjourned at 11:30 p.m. APPROVED: President ATTEST: L,C,74�� 9 PX� Village Clerk.