11/04/1974M
November 4, 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 4, 1974 at 8:00 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 Moate moved, seconded by Trustee Moses, that the minutes of the regular
meeting held October 21, 1974 be approved as submitted. Motion carried unanimously.
Bldg. & Zoning Report Building Commissinner Charles Smalley submitted
a written report on department activities. He
said most of the major objectives have been accomplished. Plat books have been completed
by the draftsman and the department is working on the elimination of non - conforming
uses and signs. Records have not been microfilmed due to budgetary limitations. The
dollar value of building permits is down about 30 per cent, but permits for garages,
alterations and other miscellaneous work are up about 10 per cent. There has been
full compliance with respect to political signs.
The President asked that the next report include a list of objectives and any
items not done.
S.C. Report Re: Pine St. A report from the Safety Council recommended the
Stop Signs & No Parking following:
Authorize Ordinances
1. Installation of stop signs and crosswalks
on Pine Street at Laurel Avenue and Gordon Avenue.
2. Installation of No Parking signs, and the painting of center stripes and the
Past and west curbs on curves located between 127 and 209 Pine and 255 and 301 Pine.
3. Post appropriate warning signs, i.e., Slow /Children Playing.
4. Increase police surveillance of area.
The Council had received.a petition signed by 224 residents of the area and letters of
support from the President of the Deerfield Park Civic Association, the secretary of
the Board of Education of District 109 and the principal of.the Cadwel1--School.
The Village engineer submitted a sketch of the roadway at the curve at 261 Pine
Street, and suggested that the speed limit be enforced or lowered and that a sign be
posted indicating that the pavement is slippery when wet.
Discussion was had on the Safety Council's report and recommendations, and a
large group of residents from the Pine Street area were present to urge the Board to
take favorable action on the Council's recommendations. Mr. Don Hoover, 261 Pine,
pointed out that Pine Street, a through street between Deerfield and Lake -Cook Roads,
is the main route to Cadwell School, and must be crossed by children living west of
Pine and Willow Avenue. Carriage walks and two curves are additional hazards to safety.
Traffic on Pine Street, already heavy, will be increased by the Homart development,
construction of the office - warehouse complex on,the former Strub property, and further
development of the Hovland area, as well as the proposed widening of Lake -Cook Road
to which access will be limited. Mrs. Nancy Keup, 1147 Hackberry, and several other
residents stressed the need for traffic controls for the safety of children going to
school and also to Keller Park:: Excessive speed and skidding on curves are additional
hazards.
Trustee Gavin stated increased police surveillance of the area shows an average
speed of 28 miles per hour on Pine Street, and 12 speeding citations have been issued.
School zone signs are improperly located and are of no benefit to Cadwell students.
90.
Trustee Finne moved, seconded by Trustee Stiehr, that the Village
attorney be directed to prepare an ordinance authorizing the installation of
stop signs on Pine Street at Laurel Avenue and Gordon Avenue, and crosswalks
be painted as recommended by the Safety Council.
Motion carried unanimously.
Trustee Kelm moved, seconded by Trustee Moate, that an ordinance be
prepared to authorize No Parking signs on both sides of Pine Street on the
curves, the exact locations to be determined by the Village engineer.
Motion carried unanimously.
The manager stated no ordinance was required for painting crosswalks or
the center stripe, nor for the installation of Slow- Children Playing signs.
Discussion was had on a suggestion that the speed limit be reduced to 25 miles
per hour, but the manager stated this could be done only after a speed survey
and it was doubtful the survey would show that a reduction to 25 miles per hour
was justified.
The location of School Zone signs and the increase in traffic in the
area were discussed. Trustee Moses stated the earlier report from Paul C. Box
& Associates on traffic in the area was not current due to recent developments,
and the area.should be re- studied. He stated the report was based mainly on
an interest in traffic.
Trustee Moses-moved, seconded by Trustee Moate, that inquiry be made to
Mr. Box on the location of School Zone signs, and the area between Laurel and
H ackberry be studied, based on changes that have occurred since the earlier
report.
Trustee Kelm moved, seconded by Trustee Finne, that the motion be
amended by restricting the inquiry to Mr. Box to the question of regulations
relating to School Zone signs, which should be installed as far away from the
school as possible. Adopted by the following vote:
Ayes: Finne, Gavin, Kelm, Moses, Stiehr (5)
Nays: Moate (1)
President Forrest stated he would ask the Chief of Police to prepare a
report for the Board on traffic in the area before requesting a -speed survray.
The meeting was recessed at 9:05 p.m., and re- convened at 9:10 p.m.,
all members present.
Ordinance Approving P.D. The ordinance'wds presented approving a
Hovland Lot 130 (Kitzerow) Planned Development of Lot 130, Hovland
(0- 74 -69') Subdivision, to be identified as Kitzerow
Resubdivision, Unit I.
Mr. John Bure, attorney for the Kitzerows, stated the ordinance did not
provide that the cost for the respr,ead of Special Assessment 112 over the lots
to be resubdivided would be made without charge to the Kitzerows.
Trustee Stiehr moved, seconded
the assessment would not be charged to
the cost of the respread, if any.
Motion carried unanimously.
by Trustee Gavin, that the respread of
the Kitzerows; the Village would bear
Trustee Kelm.moved, seconded by Trustee Stiehr, that the ordinance be
passed with $1,000 inserted as the amount to the paid to the public benefit
fund. Adopted by the following vote:
Ayes: Finne, Gavin, Kelm, Moses, Moate, Stiehr (6)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance Appr 4ving P.D. Trustee Kelm moved, seconded by Trustee
Hovland Lot 66 (Kitzerow) Stiehr, that the ordinance approving the
0 -74 -70 Planned Development of Lot 66, Hovland
Subdivision, be passed with the insertion
of $1,000 to be paid to the public benefit fund. Adopted by the following vote:
1
F11
1
1
1
91. .
Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Re: Engineering Contract The Contract with Warren and Van Praag, Inc.
Carriage Way Bridge for the design and engineering services in
connection with the Carriage Way bridge was
presented. Discussion was had on the.provisions of Paragraph 12, pertaining to
liability, and Paragraph 14, pertaining to indemnification by the Village.
Trustee Finne moved, seconded by'Trustee Kelm, that Paragraphs 12 and 14 be
removed and the contract re- submitted to Warren and Van Praag for their approval.
Motion carried unanimously.
Postpone Consideration The Northeastern Illinois Planning Commission
N IPC Resolution Re: requested the passage of a resolution supporting
Waste Treatment NIPC designation as the areawide waster manage-
ment planning agency.
Discussion was had on the wisdom of creating another agency to review waste
management plans and possible consequences if the resolution is not passed. The
manager stated there were no consequences that he knew of. Trustee Gavin stated
the tread.is. for large regional planning for waste treatment. *Trustee Stiehr stated
he waa opposed'to.NIPC as an.addi�tional reviewing body. *Added 11/18/74
Trustee Stiehr moved, seconded by Trustee Gavin, that the resolution supporting
N IPC as the area wide planning agency be passed.
Trustee Finne moved, seconded by Trustee Moses, that action on.the resolution
be postponed until the next meeting. Adopted by the following vote:
Ayes: Finne, Kelm, Moate, Moses (4)
Nays: Gavin, Stiehr (2)
P.C. Report -B Classification A report from the Plan Commission recommended
1 438 Waukegan Road denial of the petition of Mr. Eugene Konsler to
Petition Denied. rezone portions of Lots 2 and 3, Sack's Subdivision,
Request P.C. Dearing -R -3 from its present classification as R -3 Single
Family Residence District to the B Business District.
Approximately two - thirds of Lot 2 and one -third of Lot 3 are now zoned B- Business.
Trustee Kelm stated that a prior petition for B- Business zoning had been denied
by the Board in July, 1971 in accordance with the Plan Commission's recommendation.
Mrs. Lillian Marshall, Waukegan Road, stated a business classification was undesir-
able, particularly for a.rest'aurant, due-to the heavy traffic on Waukegan Road and
the location of the subject property on a curve.
Trustee Moses moved, seconded by Trustee Kelm, that the Plan Commission be
requested to consider rezoning the property to R -3, and to conduct a public hearing
on the question.
Motion carried unanimously.
Trustee Moses moved, seconded by Trustee Finne, that the recommendation of the
Plan Commission be accepted, and the petition be denied.
Motion carried unanimously.
S.C. Report -12 Unsafe
Intersections - Authorize
Ordinance
A report from the Safety Council listed 12
intersections deemed to be unsafe, and recom-
mended the addition of these intersections to
the Sightline Ordinance.
Trudtee Kelm moved, seconded by Trustee Moses, that an ordinance be prepared
pursuant to the recommendation of the Safety Council, and the Public Works Department
be asked to.check out the locations and the property owners be given notice when the
ordinance is on the agenda.
Motion carried unanimously.
BBA Report- Facilities The building commissioner reported that the Board
for Handicapped of Building Appeals had recommended passage of
the ordinance adopting standard specifications for
facilities for the handicapped, a copy of the Code being attached to the report.
The Board also expressed, . their .app.reciation -..to-- Trustee- Gavin, Mrs.
Edward Flom and Dr. Byron:Hamilton, all of whom had worked on the Code.
Ordinance - Specifications for Trustee Kelm moved, seconded by Trustee
Facilities for Handicapped Gavin, that.the ordinance providing for
(0- 74 -71) standard specifications for facilities for
the handicapped be passed. Adopted by the
following vote:
Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6)
N ays: None (0)
The President signed the ordinance. indicating his app3•oval thereof.
Dr. Hamilton suggested that the Board request the owners of existing
buildings to comply with the spirit of the ordinance by making buildings and
parking lots accessible to the handicapped.
Ordinance Approving P.D. Discussion was had on the ordinance
Laurel Hill_ #9 -- Phase.I:I approving the Planned Development -
(0- 74 -72) Chesterfield's Laurel Hill Unit No. 9
Phase II which, if passed, would create
three non - conforming lots (the west.half.of Lots 37, 38 and 39, Hovland Sub-
division). A petition for a variation in the area requirements for these lots
was dismissed by the Board of Zoning Appeals. A letter from Mr. Stucko stated
it was his opinion the Board of-Trustees could grant the variations, a_ public
hearing on the matter having been held by the Board of Zoning Appeals.
Trustee Stiehr moved, seconded by Trustee Moses, that the ordinance be
passed approving a Planned Development- Chesterfield's Laurel Hill Unit No. 9
Phase II. Adopted by the following.vote:
Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6)
N ays: None (0)
Authorize Ordinance
Variations Lots 37,38,39
.Hovland Sub.
Subdivision.
Motion carried unanimously.
Trustee Stiehr moved, seconded by Trustee
Moses, that an ordinance be prepared granting
variations in lot size requirements for the
west one -half of Lots 37, 38, and 39, Hovland
Approve Report -CBD Parking A report was received from the Parking Com--
Committee mittee on.parking improvements in the Central
Business District. Trustee Kelm stated the
removal of the fence between the Deerfield State Rank-parking lot and the rear
of Shoppers' Court and installation of-.a - hard surface'where• the fence was removed
would.substaritially improve parking in the northeast quadrant. The-Chamber of
Commerce will.work with the two property owners, for their consent to the removal,
the work to be done..by Village employees:. The Committee hopes the Deerfield State
Bank will acquire the 30 foot strip of the former Otto property for a connection
between the bank and former Duraclean parking lots. Re- striping the parking lots
will be necessary when improvements are completed.
Trustee Moate moved, seconded by Trustee Stiehr, that the Park Committee's
report be approved in principle.
Motion carried unanimously.
Ordinance- $1000000.Land President Forrest that bids had been received
A quisition Bonds for the Village's $1,000,000 Land Aquisition
(0- 74 -73) Bonds, and Howard W. Voss Associates, Inc,
financial consultants, had recommended accept-
ance of the bid of LaSalle National Bank which provides for a net interest rate
of 5.641944 %, •. `
l he ordinance was presented entitled "AN ORDINANCE PROVIDING FOR BORROWING
MONEY AND ISSUING BONDS OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, TO THE AMOUNT OF $1,000,000 FOR THE PURPOSE OF PAYING THE COST OF AC-
QUIRING LAND TO BE DEVELOPED AS A RECREATIONAL CENTER, AND PROVIDING FOR THE LEVY
AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND
INTEREST ON SAID BONDS ".
Trustee Moses moved, seconded by Trustee Moate, that the rules be waived
1
93
.to permit action,on the ordinance at its first presentation.
Motion carried unanimously.
Trustee Moses moved, seconded by Trustee Moate, 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.
President Forrest stated a letter from the Village attorney, dated October 28,
1974, stated it was legal to acquire-less land than was specified in the referendum.
Authorize Revised
Agreement
Discussion was had on the letter from the Village
Village & Div. of
Waterways
attorney,
dated October 29, 1974, regarding the
Re: Brickyard PropertZ
proposed
agreement between the Village and the
Illinois
Division of Waterways, and the grant
of $250,000 from
the State for
acquisition of
the brickyard property and the use of
a portion for flood
retention
purposes. *The
letter stated that Village has the legal
capacity to enter
into such an
agreement and
to take title to the property jointly
with the State.
Mr. Stucko stated title is to beheld jointly to insure the construction of
flood water.retention facilities, and it was his understanding the State would re-
convey its interest in the property to the Village when the storm water improvements
have been completed. President Forrest stated the entire property would not be
used for flood retention, and Trustee Moses suggested that a metes and bounds descrip-
tion be given for the portion to be used for flood retention.
Trustee Moses moved, seconded by Trustee Finne, that the attorney be authorized
to prepare a revised Agreement in accordance with his letter after talking to the
S tate.
Motion carried unanimously.
Postpone Agreement R.R. Discussion was had on the proposed Agreement
Underpass Financing between the Village and Lake County regarding
the financing of the cost of the railroad under-
pass on Deerfield Road. The Agreement provides for payment of 15 per cent of the
cost by the County. President Forrest stated execution of the Agreement would
commit the Village to the construction of the underpass, and it'was his opinion the
question should be looked at again before a final decision is made. He pointed out
that the widening of the underpass- would bring additional traffic, including trucks,
to the center of the Village,. Trustee. Sti,ehr .stated the manager had said that approval
of the Agreement-rdoes-not commit the Village to the project. Trustee Moses suggested
that the phrase "in the event that ..." be added to the agreement in order that it
be clear that the Village is not committed. He stated he would like to review the
background material. Trustee Stiehr stated the matter had been discussed over and
over, and he felt that further review would not change anyone's opinion.
Trustee.Stiehr moved, seconded by Trustee Gavin, that the President be authorized
to sign the Agreement with Lake County.
Trustee Kelm stated that he agreed with Trustee Stiehr's statement, but felt
that, as a matter of personal privilege Trustee Moses should be given the opportunity
to review the background material.
Trustee Kelm moved, seconded by Trustee Moses, that action on the Agreement be
postponed until the next meeting. Adopted by the following vote:
Ayes: Finne, Kelm, Moate, Moses (4)
Nays: Gavin, Stiehr (2)
Defer Enforcement - Disconnections Inasmuch as the Cranshire - Hampton Court sewer
Cranshire - Hampton Area improvements and the lift stations will be re -bid,
decision was made by the Board that no action
should be taken to enforce the ordinance provision which requires the disconnection
of the illegal connections of driveway drains and downspouts fr:m the sanitary sewer.
Re: Personnel Rules Revised Personnel Rules were submitted, and the
manager suggested thai no action be taken until
the President and Board have an opportunity to review the regulations. Trustee Gavin
stated she would be willing to serve on a committee to review the revised rules.
WRE
Clerk's Reports The clerk reported that a letter from the
Illinois Department of Revenue advised
that the Use Tax would be collected by the Department for the Village starting
tov.ember 1, 1974`, in accordance with the-ordinance passed October 21, 1974.
Copies of the Use Tax ordinance and the ordinance adopting the Fire Pre-
vention Code..have been sent to NIMLO to be included in the recodification of
the Municipal Code.
Mr. Stucko reported that Mr. Houpt had gone to Washington to review
the recodification with NIMLO. The President asked that Mr. Houpt send a
report on the .tentative schedule for completion of the reco:.,dification.
Re: STP Improvements
improvements and what should
extension of sanitary sewers
denied because of inadequate
of denial did not go into the
Discussion was had on Trustee Kelm's inquiry
about the capacity of Sewage Treatment Plant
be done. Trustee Kelm stated that a permit for
to serve Chesterield's Laurel Hill Unit 11 had been
capacity of the treatment plant, but the letter
question of design capacity.
President Forrest stated the results of the composite BOD samplers show
a population equiivalent of much less than the present design capacity of the
p lant . The sampler's = havezbeen:4n operatiah for only one week, and if further
testing gives the same results, 'no changes-in the plans W -111 be necessary.
Trustee. Moses stated that-:.sewagetreatment could be provided for both Bannockburn
and the brickyard property if additional testing shows the same results.
1
Village engineer Soyka stated the results of six months sampling would
probably be needed, and he can send monthly reports or a six month report.
Trustee Kelm stated he didn't think the Board could re- examine the matter, but
the record should be made that the Federal EPA had changed the regulations on
treatment. The President stated the Village will proceed as planned.
*asked if *Corrected 11/18/74
RE: Home Rule Trustee Moate fft•&t-ed one of the powers of
a Home Rule municipality was the establish-
ment of a Housing Commission who could incur debt. He asked if this could
occur, or if the Board could veto indebtedness which would be authorized by
a Housing-Commission, if such were appointed. Mr. Stucko stated he believed
only municipalities with a population of at least 25,000 could establish a
Housing Commission, but he would check the matter and submit a written report.
There being.no.further business, on motion by Trustee Stiehr and seconded
by Trustee Moses, the meeting was adjourned at 10:47 p.m.
ATTEST:
Village Clerk
APPROVED:
President
/ 0 Y<,Ot.. t �
1