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11/01/1971I I 0 November 1, 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 ehambers of the Village Hall on Monday, November 1, 1971 at 8:05 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Charles R, Bootz .George Kelm Stephen M. Slavin M. Jay Turner, Jr. Absent: Albert E. Brust Werner E. Neuman, and that a quorum was present and in attendance at the meeting. Also present were.Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager. Trustee Slavin moved, seconded by Trustee Bootz, that the minutes of the regular meeting held October 18, 1971 be approved as submitted. Motion carried unanimously. Approve Consent Agenda The following Consent Agenda was presented for consideration: Report', on Briarwood Country Club Entrances Laurel Hill Subdivision Sewer Extension Payment of $4,900 to Craftsmen Painting Service for painting Water Tank Kottrasch Subdivision Sewer Extension Report;on status of Suup Pump inspection program Trustee Slavin moved, seconded by Trustee Bootz, that the Consent Agenda be approved. Adopted by the following vote: Ayes: Bootz, Kelm, Slavin, Turner Nays: None (0) P'C? Report - Official Map 1st Presentation- Ordinance Adopting Map & Standards (4) A report from the Plan Commission recommended the adoption of the Official Map marked "Hearing Map,10 /14/71" and the related Ordinance. Plan Commission Chairman Dan Stiehr stated the proposed Official Map is in substantial agreement with the Comprehensive Plan Map, several changes having been suggested by the Deerfield Park District. The proposed map does not con- form io some of the recommendations of the Box Traffic Safety Study, mainly with respect to street widths and thoroughfares, but the changes are minor and merely represent differences in professional opinions. President Forrest stated this will be considered the first presentation of the ordinance adopting the map and standards, a copy having been posted on the lobby bulletin board. Plan Commission Report -3 Tracts A report from the Plan Commission recommended N. Side Rosewood to R -1 -B that three tracts on the north side of Rose - Authorize Ordinance wood Avenue east of Wilmot Road be rezoned from the R -3 Single - family District to the R -1 -B PlannedUnit Development classification. Trustee Kelm moved, seconded by Trustee Turner, that the Village attorney be directed to prepare an ordinance to rezone the three tracts to the R -1 -B classification as recommended by the Plan Commission. Motion carried unanimously. Action on the proposed John Orchard Resubdivision of the property commonly known as 1520'Rosewood Avenue on which a public hearing has been held, will be deferred until the Zoning Amendment has been passed. S.C. Report - Sidewalks A report from the Safety Council recommended Chesrtaut St. that sidewalks be installed on Chestnut Street from North AVenue to Greenwood Avenue, and the existing sidewalks from Greenwood Avenue to Hazel Avenue be repaired. 241 Decision was made that the manager prepare an estimate of cost for the side- walks, and the property owners be notified of the proposed improvement and their cooperation requested. The manager stated sidewalk grades would present no problem and he would have a rough estimate of costs for the next meeting. S.C. Recommendation -No Trucks A report from the Safety Council recommended that Wilmot & Deerfield Rd. Wilmot truck traffic be prohibited on Deerfield Road to'Waukegan *as corrected from Wilmot Road to:Waukegan_* Road, and on Wilmot 11/15/71 Road. Locations for signs to direct truck traffic were also recommended. The Council recommended that trucks use Sanders Road rather than Wilmot: Rd.adotd getCto L-akePCookoRbad(o,,dMr. 33ox had recommended that Wilmot be used as a truck route. The Toll Road Commission has agreed to post a proper sign at the Deerfield Road exit if requested by the Village and a certified copy of the ordinance is sent. Trustee Brust entered the meeting at 8:30 p.m. and was present thereafter. Mr. William Bates, 505 Grove Street, stated he was concerned about the safety of cars coming from the'west if trucks turn left at the Toll Road exit. He also stated the center bumper must be cut back to give sufficient space for trucks to Make a left turn. It:r Trustee Slavin moved, seconded by Trustee Turner, that the Village attorney N prepare the ordinance to prohibit truck traffic on Deerfield Road and Wilmot Road di as recommended by the Safety Council. U Motion carried unanimously. Mr: Bates suggested that Mr. Box be asked to study this location and submit his recommendations on signs and traffic before the ordinance is passed. B.B.A. Report Re: Construction A report from the Board of Building Appeals in Fire Limits, Bldgs. 2500 Sq. Ft. recommended the Code be amenddd to permit the construction of buildings of 2,500 sq. ft. or less within the Fire Limits, utilizing ordinary construction provided all structural lumber is fire retardant treated, is one -story with no basement or crawl space, and ceiling framing has a fire resistance rating of at least one hour. Mr. John Roach, Chairman of the Board of Building Appeals, stated the proposed change in the Code had been approved by the Fire Chief and other members of the Fire Department. Trustee Kelm stated there had been criticism (that" thf,)Code increased construction costs, and suggested that other sections of the Code could be revised to reduce costs without affecting safety. He thanked the Building Board for bringing this matter to the Board's attention. Mr. Roach stated the Code is being reviewed for this purpose. Trustee Bootz moved, seconded by Trustee Kelm, that the Village attorney be directed to prepare the ordinance as recommended by the Board of Building Appeals. Motion carried unanimously. S.C. Report - Bicycle Ordinance A report from the Safety Council recommended Tabled for 1 Month the enactment of an ordinance regulating the use of bicycles and providing 66r licensing. A copy of the proposed ordinance, prepared by Police Chief Whitton and Sgt. Tiffany was attached. Discussion was had on the proposed ordinance, and, in particular, the provision that only adults and children accompanied by ddults may ride bicycles in the streets; children under 18 years of age must ride on sidewalks, and bicycles may not.be ridden in the central business district. Safety Council Chairman Walter Moses stated the ordinance was similar tb those in effect-in Lake Forest, Northbrook and other North Shore communities, was enforceable, and would enable the Police Department to better control bicycle riding in the Village and would reduce bicycle thefts. It was his opinion the proposed ordinance provides a reasonable and enforceable approach to bicycle safety, and urged its enactment in substantially the form submitted. Trustee Bootz stated it seemed unreasonable to him to prohibit a 17 year old from riding a bicycle on the street when he is permitted by law to drive an automobile, and it was his opinion the Police DF:Affinenf' had more important duties than to attempt to enforce an ordinance such as this. President Forrest stated several letters had been received objecting to the proposed ordinance. Mr. Thomas Zahnle, 1353 Somerset, introduced Mr. Keith Kingbay, Chairman of the League of American Wheelmen, stated he was amazed at the proposed ordinance which 742 he said was a regression to the 1980s. He stated many schools throughout the United States teach a course in how to ride a bicycle safely, and recommended that this program be instituted in Deerfield. He gave the Board copies of material pertaining to bicycle safety, including the course taught in many schools, and an ordinance which he said provided good regulations and was reason- able and enforceable. Trustee Slavin moved, seconded by Trustee Bootz, that consideration of the proposed bicycle ordinance be postponed for one month to permit study of the additional material presented by Mr. Kingbay. Motion carried unanimously. Mr. Moses stated the Safety Council would meet Monday, November 8th at 8:00 p.m. in the Village Hall, and would welcome suggestions on bicycle safety. The meeting was rdcessed at 8:55 p.m. and reconvened at 9:10 p.m. Discussion & Revisions Trustee Slavin abstained from discussion of "B "Zoning Regulations the proposed - "B" Business zoning regulations because the law firm with which he is associ- ated represents a property owner who may be affected by the new regulations. Discussion was had on the proposed "B" Business zoning ordinance which would replace the present B -1, B -2 and B -4 regulations. Trustee Brust, who had worked on the proposed ordinance as a member of the Plan Commission, stated the single "B" classification was not too restrictive on any particular property presently zoned for business, and provided the necessary protection for adjacent residential properties, and in general, was a good ordinance. He objected to the inclusion of hotels and motels and several other'businesses as special uses, and proposed that these uses be specifically prohibited. He proposed several changes in the proposed ordinance. Trustee Brust moved, seconded by Trustee Turner, that Section AA, sub- section 4'.be amdndddtto "li$ttthetitems as set forth in Section 8, subsections A to L inclusive, in the draft dated March 11, 1971, which shall accompany an application for a special use. Adopted by the following vote: Ayes: Brush, Turner, Forrest (3) Nays: Bootz,,Kelm (2) Trustee Brust moved, seconded by Trustee Kelm, that Section 02 C be amended to read "Allt-inees, servicing, or processing in connection with permitted and special uses - .... ", and D to read "The parking of trucks.,as an accessory use, when used in the conduct of a permitted business or special use .... ". Motion carried unanimously. Discussion was had on Section 07 Yards, Subsection A, which.provides for a front yard not less than five feet in the Central Business District. It was pointed out that existing sidewalks vary in width from five to ten feet, and some properties are described in metes and bounds and extand to the cetiter line o f the street Trustee Brust moved, seconded by Trustee Turner, that Section 07, Suh- section A , be ana}rd&dto provide for a front yard in the Om tral Business District not less than five feet, measured from the front right -of -way line in the absence of a street dedication. Motion carried unanimously. Trustee Brust stated there were several special uses, motels and hotels, drive-ins, and auto laudries, which he felt were objectionable. Trustee Turner moved, seconded by Trustee Brust, that drive-ins, hotels and motels, and auto laundries be deleted from the list of special uses. Discussion was had on whether the inclusiongof these uses would weaken or s trengthrathe ordinance. The Village attorney stated it was his opinion that these special uses with the conditions imposed by the ordinanee made a stronger and better ordinance. He said that a municipality, as a general rile, can pro- hibit and exclude any use, but such exclusionf• must be justified by the type of. community; the Village having all uses, he did not believe these uses could be excluded on that basis. 24 The motion failed by the following vote: Ayes: Turner (1) Nays: Bootz, Kelmt(2) Pass: Brust (1) Mr. Irl Marshall, owner of a tract of approximately 4 acres on south Waukegan Road, objected to the 25 per cent lot coverage, at present 40 percent in the B -4 District. Plan Commission Chairman Stiehr stated lot coverage was reduced to provide more open space, and pointed out that Mr. Marshall's property was large enough to be developed as a Planned Unit Development. Mr. Marshall stated the 25 percent lot coverage would greatly limit the sale of his property. Trustee Bootz moved that 40 permitted except in the Central Business District where 70 percent coverage is allowed. The motion failed for lack of a second. Mr. John Willman, Hazel Avenue, again questioned the five foot setback in the Central Business= District,'and was advised that if any problems arise in this connection, they can be handled by a variation. Trustee Brust moved, seconded by Trustee Turner, that action on the ordinance be postponed to the next meeting, to permit review of the revised ordinance. Adopted 114 by the following vote: CV Ayes: Brust, Kelm, Turner (3) Nays: Bootz (1) Trustee Slavin re- entered the meeting and was present thereafter. Authorize Limited Engineering A letter was received from Baxter & Woodman out - Phase II - Sewer Study lining proposals for Phase II of the Sewer Study, estimated tocost $80,000 to $90,000. Ie the Board approves the proposal, application will be made for a Federal grant. Trustee Slavin moved; seconded by Trustee Turner, that the Board authorize Baxter & Woodman to proceed with-.iPhase II of the Sewer Study, the engineering to be limited to that necessary to prepare the application for a Federal grant, and the said application be filed as soon,as completed. Trustee Slavin stated if the grant is denied, the project can be reviewed at that time. President Forrest suggested that the Board merely authorize application for the grant, but Trustee Brust pointed out some engineering was necessary for the a pplication. The motion was adopted by-the following'vote: Ayes: Bootz, Brust, Kelm, Slavin, Turner (5) Nays: None (0) The manager will advise Baxter & Woodman that the engineering is authorized but no construction is authorized if the grant is not approved. Report -Smoke Testing Sherman Subdivision connected to the sanitary sewer. connected and the owners have bee Bank and Shoppers Court have also connections. A report'from the Director of Public Works stated 29 houses in the Sherman Subdivision had been smoke tested and found to have driveway drains In addition, 3 houses had downspouts illegally a notified to disconnect. The Deerfield State been tested, and meeting arranged to discuss dis- Dates 6f construction of the houses will be checked to determine if the drive- way drain connections are illegal.: 1st Presentation - Ordinance The first presentation was made of an ordinance No Parking-Deerfield, Waukegan amending the Municipal Code to prohibit parking to E limits, Waukegan, Deerfield on both sides of Deerfield Road from Waukegan Road to�N. Limits to..the East Village limits, and on Waukegan Road from Deerfield Road to the North Village limits. Trustee Slavin moved, seconded by Trustee Turner, that the rules be waived to permit action on the ordinance at tis first presentation. Trustee Brust stated that merchante and residents should be given an opportunity to be heard on this matter before the ordinance is enacted. The motion failed by the following vote: .244 Ayes; Slavin, Turner (2) Nays: Bootz, Brust, Kelm (3) 1st Presentation - Ordinance Remove Stop Signs Laurel at Fairview -Add 4 -Way Stop Laurel at Birchwood The first presentation was made of an ordinance amending the Municipal Code by deleting from the list of stop streets Laurel Avenue at Fairview and adding a 4 -way stop at Laurel and Birchwood. A letter was reciived objecting to the removal of the stop signs at Laurel and Fairview, but agreeing that stop signs are needed at Laurel and Birchwood. Trustee Brust moved, seconded by Trustee Turner, that the proposed ordin- ance be amended by striking the deletion of stop signs at Laurel Avenue at Fairview. Adopted by the following vote: Ayes: Bootz, Brust, Turner (3) N ays: Kelm, Slavin (2) Letter to EPA Re: Be*agd Treatment Plant planning. President Forrest's tion with the Village attorney attorney is preparing a request to meet requirements. The manager reported that a letter had been re- ceived from the Environmental Protection Agency regarding sewage treatment plant effluent and response to this letter was prepared after consulta.- and Baxter & Woodman. Concurrently, the Village for a variance for one year, to enable the Village Odor Problems Mr. Walter Moses stated overwhelming odors Storm SEwer Discharge from the Sara Lee sewage plant were apparent on trains passing, ~theeplant. The manager stated they were having problems with the grease remover, and it would be in operation shortly. The ccontaminated discharge from the Sara Lee Storm sewerwhich also serves the Park District building and the Shepard School has been tested, the manager reported, but the source of the contamination has hot been determined. Trustee Brust urged the source be investigated since a substantial v6lume of water is discharged every day, even during the present dry weather. Trustee Brust stated it was his opinion that odors from the Village's sewage treatment plant could be reduced by covering the inlet tanks and the use of flocculants. He suggested that Baxter & Woodman be consulted to see what can be done to reduce odors with the limited funds available. President Forrest suggested that Trustee Brust discuss the matter with Dr. Sundin of Baxter & Wood - m an. Table Implementation of Trustee Brust moved, seconded by Trustee XomprehBnsive Plan Slavin, that implementation of theMompre- hensive Plan be tabled until there is a written list of priorities to work from, or some one submits a petition for annexation. Discussion was had on the workshop meeting with the Plan Commission which only three Board members could attend. Trustee Slavin suggested the Board plan a workshop with the Villagg attorney present to decide on priorities and related matters. The motion to table carried unanimously. 1st Presentation- Condemnation The first presentation was made of an ordinance Ordinance -Union Oil Co. Tract for the condemnation of land for the establish.- ment of a public parking lot and street. The property for which condmmnation is authorized is the 50' x 50' tract at the northeast corner of the Union Oil Company service station at 836 Deerfield Road. The ordinance has been posted on the lobby bulletin board. 1st Presentation- Ordinance The first presentation was made of an ordinance Exceptions from NO Parking authorizing exceptions from No Parking regu- lations for special events when authorized by the Chief of Police. The ordinance has been posted on the lobby bulletin board. Reports - Communications The manager reported that instructions had been given to the Public Works department regarding the use of salt on streets. 1W Get "l 2.4 5. The Board approved the manager's attendance at the ICMA conference in Florida. He will leave Friday noon, and will be away for a week, taking two days of vacation. President Forrest asked that the Safety Council's letter of August 9th regarding sight lines at intersections and shrub height be put on the agenda for the next meeting. The Paul Box Traffic Safety Report will also be on the agenda for the next meeting. In connection with the policy on the use of salt for snow and ice control, Trustee Bootz asked what would be done about sidewalks. This will be taken up at a workshop meeting to be arranged later, at which the budget will also be discussed. Trustee Kelm stated he did not agree with the.Village attorney's report on the "open meeting" law wherein he stated that the appointment of members of Boards and Commissions may be discussed in a closed meeting. Trustee Slavin moved, seconded by Trustee Turner, that the Village attorney apply to the Attorney General for an interpretation of the law. Motion carried unanimously. There being no further business, on motion by Trustee Slavin, and seconded by Trustee Turner, the meeting was adjourned at 11:35 p.m. APPROVED: President A TTEST: Village Clerk