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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) 1 1 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´┐Ż,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 220 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 221 $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. 122 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 1 I