12/15/1975 (2)218
December 15, 1975
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, December 15, 1975 at 8:10 p.m. The clerk called the roll
and re,
ported that the following were
Present: Bernard Forrest, President
D. Jeffrey Blumenthal
Norma Gavin
Edwin B. Seidman
Daniel H. Stiehr
Absent: Cynthia J. Marty
Vernon E. Swanson
and that a quorum was present and in attenance at the meeting. Also present were
Messrs. Herbert Linn, representing the Village attorney, and Norris Stilphen, manager.
Trustee Stiehr moved, seconded by Trustee Blumenthal, that the minutes of
the regular meeting held December 1, 1975 be approved as corrected. (Page 216 -
line 37 - "1975 ".) Motion carried unanimously.
Approve Warrant No. W -75 -12 Trustee Stiehr moved, seconded by Trustee
Blumenthal, that Warrant No. W -75 -12 -
payment of bills, including fund transfers and reimbursements, be approved.
Adopted by the following vote:
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
Nays: None (0)
Treasurer's Report The treasurer's report, dated November 30,
1975, was received, and included cash and
investment statements, detail expenditures by activity, revenue and expense state-
m ent, highlight control report; and cash flow statements.
Variances between actual and projected expenditures were discussed briefly.
The treasurer stated the Bicennial Tree Planting will be completed in December.
The Street Department has done as much as planned. Tree removal is partially
completed. With the new sewer rodder a two man crew has cleaned four times
as much sewer at 75 per cent of the cost. Sales tax revenue is down about three
p er cent.
Approve Consent Agenda
The Consent Agenda was presented for con-
sideration as follows:
CONSENT AGENDA
Ordinance amending Section 20.501 of the Municipal Code to eliminate the parking
space on the east side of Waukegan Road north of the Deerfield State Bank
driveway. (0- 75 -62)
Ordinance granting a variation from the provisions of the 1967 National Building
Code to permit Fiat -Allis Construction Machinery, Inc. to construct an
addition containing an egress distance of 225 feet. (0- 75 -63)
Appointments:
Safety Council: Mr. John H. Blumberg to term expiring in May, 1977.
Human Relations Commissinn: Rev. Donnell D. Jenkins to term expiring
May, 1977.
Home Rule Implementation: Mrs. Peggy McCabe
Deerfield Center Study Group: Lyle Crear
Sharon Laney of the League of Women Voters
Trustee Seidman moved, seconded by Trustee Stiehr, that the rules be waived
to permit action on the ordinance granting a variation to Fiat -Allis at its first
presentatinn. Motion carried unanimously.
Trustee Seidman moved, seconded by Trustee Blumenthal, that the Consent
Agenda be approved, including passage of the two ordinances. Adopted by the
following vote:
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
N ays: None (0)
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The President signed the ordinances indicating his approval thereof.
P.C. Recommendation Accepted 'A report from the Plan Commission stated that a
Land Use Agreement - Deerfield- formal agreement may not be an appropriate first
Northbrook step toward cooperation between Northbrook and
Deerfield on a Land Use Agreement to establish the
zoning classification for the unincorporated area south of County Line Road, north
of the Edens spur`, and west of Pfingsten Road. The Commission proposed,`that the plan
commissions and interested members of the Village Boards of the two villages meet to
discuss the issues.
Trustee Seidman moved, seconded by Trustee Stiehr, that the Plan Commission's
proposal for a meeting be accepted with the condition that any minority report
resulting from such meeting be included.
Motion carried unanimously.
Trustee Blumenthal stated he would like to see some type of agenda prepared
for the meeting.. The President asked Mr. Burke to work out an agenda before the
meeting is arranged.
P.C. Recommendation Re: A report from the Plan Commission stated that the
Resolution Opposing I -1 Cook County Board of Zoning Appeals has prepared
Zoning in Cook County a Comprehensive Amendment to.the text-and,maps'of
Approved the Cook County Zoning Ordinance which will be
presented to the Board of Commissioners of Cook
County for passage. The Northfield Township map would change the zoning classifica-
tion of the unincorporated area south of Lake -Cook Road, west of Pfingsten Road, and
north of the Edens spur from its present classification as an R -3 Single Family
Resident District to the I -1 Restricted Industrial District.
The Plan Commission has passed a resolution objecting to the change in zoning
and requested the Village Board to also pass a resolution opposing the proposed re-
zoning. Mr. Burke prepared a resolution for the Board.
Trustee Blumenthal moved, seconded by Trustee Gavin, that a Resolution be passed
opposing the change in zoning, as recommended by the Plan Commission.
Motion carried unanimously.
Mr. Linn will check the wording of the resolution which is to be sent to the
B (Rrd of Commissinners of Cook County, the County Clerk and the Zoning Board of
Appeals as soon as possible.
Report - C.O.P. Re: Bikes A report on bicycle safety was received from the
on Sidewalks at Night Chief of Police who recommended that the Board
enact an ordinance similar to the following:
1. During the hours of darkness, no person shall ride a bicycle upon any section of
street where an adjacent sidewalk is provided for use as a bicycle path, and 2. When-
ever any person is riding a bicycle upon a sidewalk, such person will yield the right
of way to any pedestrian and shall give an audible signal before overtaking and
passing such pedestrian.
A lengthy discussion was had an: whether bicyclists should ride on sidewalks.
Chief Brandt said the Department's Officer Friendly visits all elementary and Junior
High Schools and presents a program on bicycle safety. Warning tickets are written,
but recently, when four tickets were writtei�,three mothers complained. Trustee
Seidman said he was unhappy about ordinances that cannot be enforced. He stated that
many bicycles are ridden at night without lights, and proposed that warning tickets
be written for violations of this requirement. If the owner of the bicycle does not
present proof that lights have been installed or repaired, a real ticket will he issued.
Mr. Linn said he rides a bike and feels it is'safer to use the streets. Trustee
Stiehr proposed the establishment of a Bicycle Court and Trustee Gavin stated this
could be done.
Trustee Stiehr pointed out that many sidewalks cannot be ridden on, some sections
have no sidewalks, and carriage walks are dangerous. In addition, sidewalks must be
ramped at curbs. The manager will get costs of. ramp construction, and said changes
in sidewalks must be made if bicycles are banned from streets. Trustee Gavin stated
it was unsafe to ride bicycles on Waukegan Road and the sidewalk should be used. It
was suggested that the Waukegan Road sidewalk be identified as a bike way.
Mr. Don Hoover, Pine Street, said it was impractical to require bicyclists to
ride on sidewalks. Carriage walks are so narrow that a bicyclist must go onto the
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street when he meets a pedestrian. He felt the use of sidewalks should be
encouraged, but not made mandatory, and would be as effective as an ordin-
ance, particularly among school children.
Safety Council Chairman Russell Ferris stated that one of the reasons
for the recommendation that bicyclists ride on sidewalks at night is because
the Village is poorly lit, and better lighting may solve the problem. Trustee
Stiehr stated there if a conflict between bicycles and pedestrians on side-
walks, especially with Junior High and High School students who now walk on
sidewalks. He said curbs should be ramped on Waukegan and Deerfield Roads
and secondary thorughfares. Trustee seidman stated the fact should be pub-
licized that children may use sidewalks at night for riding bicycles.
The clerk will review all bicycle ordinancesto see if bicycles may be
ridden on sidewalks.
Report -H.R. Implementation A report from the Home Rule Implementation
Committee -Re: License Sale Committee stated that it appears to the
of Liquor by Drink in Committee that the regulation of consumption
Lake Co. of liquor by the drink within the Village
falls well within the Constitutional ex=
tension of the home rule authority and no referendum need be held. If the Board
concurs with the Committee that no referendum is required, the Committee suggested
it would be appropriate to amend the existing ordinance prescribing the number
of Class D licenses authorized within the Village, which presumably would be at
such time as an applicant requested a Class.D license within West Deerfield Town-
ship. The amending ordinance should specifically refer to and invoke the home
rule authority. The Committee recommended that at the time of consideration
of the f:irs.t. such ordinance., extraordinary publicity and opportunity for residents
to be heard should be provided prior to the adoption of such ordinance.
President Forrest asked if the Village would be liable if a Class D license
is issued and then the issuance challenged. Trustee Blumenthal suggested that
a "hold harmless" agreement be included in any application for a Class D license
in West Deerfield Township. He suggested that a restaurant be in operation for
one year before a liquor -by- the -drink license will be issued. Trustee Stiehr
suggested the report be accepted but the Board should try to put the question
to a referendum.. Trustee Blumenthal stated he would hate to see the question
go to a referendum, which would be a major undertaking, and suggested the matter
be reviewed at a workshop meeting in February, action to be taken at the first
m eeting in March.
Trustee Seidman moved, seconded by Trustee Blumenthal, that the report of
the Home Rule Implementation Committee be accepted, subject to the written advice
of the attorney on liability.
Motion carried unanimously.
Re: Planning Consultant to The President proposed the employment of a
Assist Plan Commission Planning Consultant to assist the Plan Com-
mission on certain projects, such as the
Brickyard property. .now zoned R- 1.,..the Mallin,. property, and the' McDonald pro-
posal. He suggested that $5,000 be made available to the Plan Commission for
the services of a consultant.
Trustee Blumenthal stated he recognized the need for getting expert opinions
but was not sure how consultants operate and felt there should be a firm program
and the consultant should be given direction. Trustee Stiehr stated that it
should be made known to the..Plan Commission that if the Commission needs advice
on a specific case, the Board would be amenable to the granting of the request
for a planning consultant, but he would not be in favor of making $5,000 avail-
able. If the Commission feels that professional help is needed, it should be on
a specific project basis.
B & W Invoice SumpfiPump Discussion was had on the Statement of
& Infiltration Study Engineering Services from Baxter & Woodman
Authorize $11,000,to B & W in connection with the report dated October
17, 1975 entitled "Sanitary and Storm Sewer
Systems - Phase II Sump Pump Study ". The cost on a time basis is $27,053.38,
and the amount quoted on October, 1972 was $11,000.
It was pointed out that at no time had Baxter & Woodman notified the
Village about additional costs. Trustee Blumenthal said a precedent would be
set if more than the contract price of $11,000-is paid.
Trustee Blumenthal moved, seconded by Trustee Gavin, that payment of
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$11,000 to Baxter & Woodman be authorized. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
Nays: None (0)
Clerk's Reports The clerk reported that certified copies of the
ordinances abating the levy for Sewage Treatment
Facilities Bonds and Land Aquisition Bonds have been filed with the County Clerks
of Lake and Cook Counties, and return receipts have been received.
The Resolution providing for participation in the Police Training program was
corrected to show passage on December 1, 1975, and a certified copy sent to ine
Police Training Board. Receipt of the Resolution has been acknowledged.
Three Plats of Subdivison. were approved by the Board on December 1, 1975
and none were complete. Both the Lindow Plat and the North Suburban Church -Plat
lacked the-County Clerk's signature for certification of taxes,and it took the
better part of an hour to verify payment of.taxes on these properties and to
obtain the County Clerk's signature. The signed covenant for the Hamilton Subdivision
was brought to the Planning Department on December 4th, and the bond or escrow for
completion of the gidewalk has not yet been received. The Hamilton Plat has not
been recorded.
Reports= Communications The question of the installation of traffic
lights at the Greenwood - Waukegan intersection
was referred to the Safety Council.
Trustee Stiehr asked the attorney to prepare an ordinance to permit th4 Plan- -_
Commission to grant variations not exceeding 5 per cent on resubdivisions. It will
be reviewed by the Board and then referred to the Plan Commission.
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
Trustee Blumenthal suggested a review of license fees before the recodification
of the Municipal Code is printed. The President stated a workshop meeting will
be scheduled to discuss the sump pump report, the Youth Council report, and fees
f or licenses.
In connection with the Lake -Cook Road widening, Trustee Seidman suggested a
lower speed limit on Pine Street and another stop sign. The matter was referred to
the Safety Council.
Ordinance- Condemn Easement The ordinance was presented for the condemnation of
Sanitary. Sewer Installation an easement for the installation and maintenance
(0- 75 -65) of a sanitary sewer system across Lot 6, Viking
Resubdivision.
Trustee Stiehr moved, seconded by Trustee Seidman, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimouslu.
Trustee Stiehr moved, seconded by Trustee Blumenthal, that the ordinance be passed
as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
N ays: None (0)
,The President signed the ordinance indicating his approval thereof.
Authorize Ordinance - Remove
No Lfft Turn Signs- Kenton
`& Deerfield Rds.
Motion carried unanimously.
Trustee Gavin moved, seconded by Trustee Stiehr,
that the attorney prepare an ordinance to remove
the no left turn signs at the Deerfield- Kenton
intersection.
Ordinance- Bridge & Street
The ordinance was presented for the condemnation
C ond3emnation
(Blietz)
of property for'the installation and maintenance
(0- 75 -64)
of a bridge and public street (Blietz property).
Trustee
Stiehr moved, seconded
by Trustee Seidman, that the rules be waived to
permit action on the ordinance at
its first presentation. Motion carried unanimously.
Trustee
Stiehr then moved,
seconded by Trustee Blumenthal, that the ordinance
be passed as
presented. Adopted
by the following vote:
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
Trustee Blumenthal suggested a review of license fees before the recodification
of the Municipal Code is printed. The President stated a workshop meeting will
be scheduled to discuss the sump pump report, the Youth Council report, and fees
f or licenses.
In connection with the Lake -Cook Road widening, Trustee Seidman suggested a
lower speed limit on Pine Street and another stop sign. The matter was referred to
the Safety Council.
Ordinance- Condemn Easement The ordinance was presented for the condemnation of
Sanitary. Sewer Installation an easement for the installation and maintenance
(0- 75 -65) of a sanitary sewer system across Lot 6, Viking
Resubdivision.
Trustee Stiehr moved, seconded by Trustee Seidman, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimouslu.
Trustee Stiehr moved, seconded by Trustee Blumenthal, that the ordinance be passed
as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Seidman, Stiehr (4)
N ays: None (0)
,The President signed the ordinance indicating his approval thereof.
Authorize Ordinance - Remove
No Lfft Turn Signs- Kenton
`& Deerfield Rds.
Motion carried unanimously.
Trustee Gavin moved, seconded by Trustee Stiehr,
that the attorney prepare an ordinance to remove
the no left turn signs at the Deerfield- Kenton
intersection.
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Complaints- Basement Flooding A group of residents from Pine Street
were present to complain about flooded
b asenents as a result of a recent rainfall. The manager stated the pumps
were down for about two hours due to a faulty starter, which was replaced.
Discussion was had on what property owners could do to alleviate flooding
problems. President Forrest stated there was no easy answer to the flooding
problem but the Village has completed or has under contract improvements
to the sewer system which would be helpful.
Re: Youtli.'Recreation A resident stated that she felt that some-
thing should be done by the Board to pro-
vide recreational facilities for the youth of the Village. She suggested that
the brickyard property be considered for recreational use.
The President stated many things were provided for recreation, and
suggested that she take up this matter with the Youth Council and Youth Officer.
There being no further business, on motion by Trustee Seidman and seconded
by Trustee Blumenthal, the meeting was adjourned-at 10:37 p.m.
ATTEST:
Village Clerk
APP
President
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