06/07/1976 + 06/08/197620
June 7, 1976
The regular meeting of the President and Board of Trustees of the Village
of Deerfield was called to order by the clerk in the Council Chambers of the
Village Hall on Monday, June 7, 1976 at 8:00 p.m. Upon roll call. the following
were
Present: None
Absent: Bernard Forrest, President
D. Jeffrey Blumenthal
Norma Gavin
Cynthia J. Marty
Edwin B. Seidman
Daniel H. Stiehr
Vernon E. Swanson.
No members being present, at 8:15 p.m. the meeting was adjourned to
Tuesday, June 8, 1976 at 8:00 p.m.
APPROVED:
President
ATTEST: �A`Z'_
Village Clerk
June 8, 1976
The adjourned 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 Tuesday, June 8, 1976 at 8:30 p.m. The clerk called the
roll and reported that the following were
Present: Bernard Forrest, President
D. Jeffrey Blumenthal
Cynthia J. Marty
Edwin B. Seidman
Daniel H. Stiehr
Vernon E. Swanson
Absent: Norma Gavin
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.
Trophies for excellence in shooting were presented by the President and
Chief of Police to six members of the Police Department.
Trustee Stiehr moved, seconded by Trustee Swanson, that the minutes of
the regular meeting held May 17, 1976 be approved as submitted. Motion
carried unanimously.
Approve Consent Agenda The Consent Agenda, with one deletion and one
addition, was presented for consideration as
follows: CONSENT AGENDA
Approve expenditure of $246 for bronze placque for railroad station.
Appointment of Lynn Berry as Police Matron.
Appointment of George Burke to Deerfield Center Study Group.
Trustee Seidman moved, seconded by Trustee Marty, that the Consent Agenda
be approved. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
�Y.
Ordinance -Mun. Code Amend.
Sec. 20.312 No Left Turns
Deerfield onto Park
(0- 76 -27)
21
The ordinance was presented amending Section 20.312
of the Municipal Code by adding to the list of
intersections where left turns are prohibited
Deerfield Road onto Park Avenue.
Discussion was had on signs and pavement markings to clearly show that left
turns are prohibited from Deerfield Road onto Park Avenue. Trustee Marty said that
more time should be allowed to inform motorists that no left turns are permitted.
Trustee Seidman moved, seconded by Trustee Stiehr, that the rules be waived to
permit action on the ordinance at its first presentation. Adopted by the following
vote:
Ayes: Blumenthal, Seidman, Stiehr, Swanson (4)
Nays: Marty (1)
Trustee Seidman then moved, seconded by Trustee Stiehr, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
President Forrest stated a police officer would be at the intersection for a
few days during times of peak commuter traffic.
S.C. Recommendation
No Reduced Speed Limit
Deerfield Road
The recommendation was
Report- Robert Benton
Mini -bus & Transit Progress
Family Day although the platf,
with Mr. Flodstrom's work and
A report from the Safety Council recommended that
the speed limit on Deerfield Road not be reduced
since no practical effect would result from this
action.
accepted.
Mr. Robert Benton, Deerfield's Nortran representa-
tive, reported that the railroad station renova-
tion is underway and will be ready for Deerfield
arm will probably not be completed. Nortran is pleased
the cost is less than was budgeted.
The No. 13 Nortran bus to Evanston will be rerouted beyond Highland Park to
Deerfield, turning left onto Park Avenue, then left to Chestnut and Deerfield Road.
The bus will park and unload at the Village Hardware. It is hoped the bus will be re-
routed in a week or two. A route map and schedule will be prepared.
Significant progress has been made on the mini -bus project which is included in
the RTA 1977 budget. A U.M.T.A. grant has been received by Northwestern University, and
Deerfield will be included in the survey at no cost to the Village. The mini -buses
will be used as commuter buses during rush hours. Service will be provided to
Walgreen's and other industries. There will be dial service in off -hours with one -half
hour service. Old buses will be used but will be repaired. The Village may be able to
get new buses if pressure is put on RTA.
Report- Underpass Committee The Underpass Committee, consisting of Trustees
Swanson, Marty and Blumenthal, submitted a lengthy
report on the proposed underpass construction which included the Committee's findings,
conclusions and recommendations.
Trustee Swanson stated it was the conclusion of the committee that, although
the remodeled underpass should be included in a complete package of potential projects
to eliminate a number of traffic and access problems, in terms of timing and cost -
effectiveness, other projects should have a higher priority. These include: traffic
signalization at the Chestnut - Deerfield intersection; throat widening at Chestnut and
Deerfield Road; pedestrian overpass between the commuter parking lot south of Deerfield
Road and the Milwaukee Road station; construction of Park Avenue connection to
Deerfield Road, eliminating the present Park Avenue intersection; and re- routing of
Hoffman Lane south at Deerfield Road. The cost to the Village of the complete project,
including underpass reconstruction, will be from $800,000 to $950,000. The cost of
projects deemed to have a higher priority is estimated at $445,000, virtually the
same as the estimated Village cost of the widened underpass, but the number of accident:
that could be eliminated is probably three to four times the number that would be
eliminated by the underpass reconstruction.
22
The Village lacks the resources to fund the underpass improvement. The
combined total of Motor Fuel Tax and Revenue Sharing funds could be used to
fund the estimated $375,000, the Village's share of the cost, if 85 percent of
the engineering fees is reimbursed by the state and county. If 85 percent is
not reimbursed and the Village is required to pay the full amount for engineer-
ing, the Village's outlay would be $485,000 which would virtually wipe out all
available Motor Fuel Tax and Revenue Sharing funds for the next four years.
Underpass reconstruction will take a minimum of four years.
Bonds could be issued to finance the underpass improvement, or the
$525,00 Sewer Improvement bonds to be retired in 1978 could be refinanced or
renegotiated.
Trustee Swanson stated the Board should establish priorities and
regulations for trucks.
Trustee Marty stated it was unrealistic to believe the underpass would
not be widened in the near future and she was concerned about losing the
Federal and County Grants. Trustee Stiehr commended the committee for the
excellent report, and agreed that, if given a choice, projects with a higher
priority should be undertaken first. Discussion was had on financing. Mr.
Arther Rollin suggested a new type of bond that would allow the Village to
proceed with construction now. These bonds are issued at a low rate of interest
for the first few years with no payment on principal. In 1978 or 1979 interest
would be charged at the usual rate and payments made on the principal. Mr.
Mel Fragassi stated the widening of the underpass was the first step in re-
vitalizing the business district and urged that it be done now. He said bonds
should be issued and it would be a wise move not to delay the project until
Village finances are improved.
The President stated project priorities would be on the agenda for the
next meeting.
Mr. Earle Rappaport of the Fire Protection District said there was no
way for the Fire Department to avoid using the underpass, and the District was
interested in working closely with the Village. He will attend meetings of
the Underpass Committee if he receives notice of the meeting.
BZA Report -Front Yard A report from the Board of Zoning Appeals
Variation Request recommended denial of the petition of
Firestone:.- 120 N. Waukegan Firestone Tire and Rubber Co. for a varia-
Denied tion to permit the parking of four motor
vehicles in the required 50 ft. front yard.
Trustee Seidman stated he had checked with the building department on
the construction of the Firestone Tire store, and no specific mention was
made of parking. He went to the store on Saturday and found there were three
vacant parking spaces at the rear and 11 cars were parked in front. He said
the only way to prevent parking in the front yard would be to tear up the
blacktop and put in grass. Mr. James DiPietro, the owner, was made aware of
the 50 ft. setback with no parking permitted in the required front yard.
Mr. Arthur Rollin, a member of the Plan Commission and the Briarwoods
Vista Homeowners Association, stated no parking was permitted in the required
50 ft. front yard and the attorney for Mr. DiPietro had been so informed by
letter dated November 16, 1972 from the President. The petition should be denied
because no hardship, practical difficulties or unique circumstances were proved.
He stated that the parking spaces in the front.yard .have been striped. He
further stated the property across Waukegan Road is zoned for single - family
residences and the 50 ft. setback is needed to protect this residential zoning.
Mr. Earle Rappaport, attorney for the petitioner, stated the parking area
in the front yard was striped for more orderly parking, and cars were taken to
the rear parking area as soon as possible. With front doors facing Waukegan
Road and service doors at the rear, customers would have to go through the work area
to enter the showroom. He presented petitions signed by 99 customers in support
of the zoning variation.
Mr. Ben Black, Pine Street, a customer who usually_,parks his car in the
front yard, stated the Firestone service store was a credit to the community.
Mr. Rollin stated cars were parked in the front yard for long periods and he
felt a small walkway for customers through the work area could be provided at
little cost. Mr. Rappaport stated the entire work area was needed and customers
would be lost if temporary parking is not permitted in the front yard. The lessee
would barricade or screen the front yard parking area.
�fl
23
Mr. A.B. Davis, the Firestone representative, stated he was not involved in the
construction of the building, but he had reviewed the 1972 file and there was nothing
to the effect that a 50 ft. front yard is required wherein no parking is permitted.
The company has no defense - a mistake was made. He commended that professionalism
of the Board.
Mr. Ralph Garofolo, President of the Deerfield Tire Company, a franchisee
of Firestone, stated he seeks some kind of relief. He will lose customers if they
must walk through the work area. He will post signs "15 Minute Parking" and will
screen the parking area which is only used for temporary parking, but customers will
not be inconvenienced and will go elsewhere.
The President said great damage results from the granting of unjustified varia-
tions since others will request similar variations and the Village will lose control.
Mrs. Laura Christoph, Evergreen Place, stated she had attended the hearings of the
Plan Commission where parking was discussed. Land to the south and west is owned
by Mr. DiPietro and she felt that if there is enough pressure additional land can be
acquired to increase the parking area at the rear. Trustee Seidman pointed out that
despite signs, people will still park where they want to.
Trustee Stiehr moved, seconded by Trustee Blumenthal, that the recommendation
of the Board of Zoning Appeals be accepted and the petition for a variance be denied.
Motion carried, Trustee Seidman voting Nay.
The meeting was recessed at 10:05 p.m. and was reconvened at 10:15 p.m.
Ordinance -Mun. Code Amend.
Sec. 20.511 No Parking on
Forest 10 a.m to Noon
(0- 76 -28)
The ordinance was presented amending Section 20.511
of the Municipal Code to prohibit parking on both
sides of Forest Avenue from 10 a.m. to 12 Noon
from Deerfield Road to Hazel Avenue.
Trustee Seidman moved, seconded by Trustee Blumenthal, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried unani-
mously.
Trustee Seidman then moved, seconded by Trustee Blumenthal, that the ordinance
be passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance -Mun. Code Amend. Trustee Marty moved, seconded by Trustee Seidman,
Sec. 18.202 10% Service Charge that the ordinance be passed amending Section
Late Payment of Scavenger Bills 18.202 of the Municipal Code to provide a 10 percent
(0- 76 -29) service charge if bills for scavenger service are
not paid by the first of the month following the
billing period for which the bill is rendered. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Discussion Business Licenses The President submitted a list of businesses pro -
and License Fees posed to the licensed and the amount of the license
fees charged by other municipalities. He stated
discussion of business licenses had been delayed until reports were received from the
manager and Police Chief on additional services provided for the business districts.
Mr. Stucko stated the Village has authority to license businesses under Home Rule powers,
including the licensing of contractors both in and outside the Village.
Discussion was had on the question of business licenses. Objectors to the
licensing of businesses included Messrs. Dan Christiansen, Mel Fragassi and Ben Black
Mr. Robert York, Chamber of Commerce, stated the businessmen give generous support
to civic projects and programs. He said the Chamber receives many complaints from
residents about outside firms that have done inferior work. The President stated
in such cases, the license can be revoked if the complaint is found to be justified.
Several members stated the charge for business licenses would ultimately be passed on
to the consumer. Trustee Marty stated she felt that revenues from business licenses
would be small compared to the cost to the Village in issuing the licenses and the
inspections that would be required.
24
President Forrest stated the question of business licenses had come
up in the discussion on the Budget and there was no intent to put a burden
on businesses that provide sales tax funds. He noted that vending machines
were not included in the list of businesses proposed to be licensed.
Authorize Ordinance Trustee Seidman moved, seconded by Trustee
Vending Machine Licenses Stiehr, that the attorney prepare an ordin-
ance to license vending machines with a fee
of $15.00 for food vending machines and a $50.00 fee for all other machines.
Motion carried unanimously.
The President said that in reviewing the amount of revenue received from
business licensing he had a hard time in justifying the need, and therefore
licenses would be left as is.
Ordinance Authorizing The ordinance was presented authorizing the
Liquor Licenses issuance of all classes of liquor licenses
(0- 76 -30) under Home Rule powers without regard to
the prior prohibition as to the issuance of
various classes of licenses in certain areas of the Village.
Letters were read from the H.E. Ellis family, Mrs. W. K. Nelson and
two members of the Wilmot Baptist Church all of whom objected to any change in
the present ordinance. Mrs. Pinky Poirot wrote she was in favor of the proposed
change. Trustee Seidman suggested there was no urgency in view of objections
and construction of the Post Office in the area deemed suitable for a restaurant.
Mrs. Arthur Altman, tA.nx .0l,AueftUe,, said she had no objection to the
serving of liquor in restaurants but suggested the question be voted on by
residents. Mr. Jack Blackburn, a 13 year resident of the Village, stated he
had moved here and brought up his family because of the semi -rural character
of the Village. He objected to any change in the present ordinance. He said
the Board should not choose but the residents should vote on the question.
Discussion was had on the ordinance and its provisions.
Trustee Stiehr moved, seconded by Trustee Marty, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Marty, Stiehr, Seidman (4)
Nays: Seidman (1)
The President signed the ordinance indicating his approval thereof.
Ordinance -Mun. Code Amend.
Sec. 15.001, 15.008, 15.009
15.020A & 15.023A
Liquor Licenses & Fees
(0- 76 -31)
classes of licenses.
The ordinance was presented amending
Chapter 15 of the Municipal Code pertaining
to liquor licenses and fees and number of
liquor licenses authorized to be issued
which was changed for purposes of clarifi-
cation and to establish fees for the various
A lengthy discussion was had on the ordinance and Trustee Stiehr asked
that the ordinance be re -typed to show the changes that were made.
Trustee Seidman moved, seconded by Trustee Swanson, that the ordinance
be passed, re -typed and submitted to the President for approval. Adopted
by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
Ordinance -Mun. Code Amend.
Sec. 15.009 - Additional
Liquor License Authorized
(0- 76 -32)
for consumption on the premises.
The ordinance was presented amending Section
15.009 of the Municipal Code to authorize
the issuance of an additinnal Class B liquor
license (formerly Class B) for the sale of
alcoholic liquor in the original package not
The attorney for Kuhn's Delicatessen asked that the ordinance be passed at
its first presentation because the lease on vacant premises in Deerbrook must be
signed by July 1.
Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried.
25
Trustee Seidman then moved, seconded by Trustee Marty, that the ordinance
be passed, the ordinance to be re -typed to provide for the issuance of an additional
Class A license, formerly Class B. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
Discussion -Fence Encroachment Discussion was had on the encroachment of
1550 Laurel, Measurements to the fence at 1550 Laurel Avenue into the
Be Made right -of -way, which the Board had directed
should be moved 22 feet hack from the sidewalk.
Mr. Arthur Altman, owner of the subject property, stated his attorney had
received permssion from the manager for the installation of the fence adjacent to
the sidewalk. He has installed the fence this year and was told by the Building
Department that the only limitation was a fence height of 7 feet. It will be costly
to move the fence hack 22 feet and said many fences have been constructed at the
sidewalk. He asked the Board to allow the fence installation at its present location
since he believes the fence complies with the manager's original letter.
Trustee Seidman stated measurements should be taken before making a decision.
00 Request Stop Signs Mrs. Carl Paletti, Central Avenue, requested the
CO Mallard at 6entral installation of stop signs on Central Avenue at
Mallard Lane. She said approximately 125 children
cross the bridge on Central four times per day and the stop signs will force a
reduction in the speed of traffic.
Trustee Marty said there is a speed limit of 25 miles per hour on Central,
and asked that a missing speed limit sign be replaced. The Chief of Police will
have a radar check made of the speed of traffic on Central.
The President asked the Safety Council for a recommendation on the requested
stop signs.
Policy on MFT Contracts Clarification of the policy on Motor Fuel Tax
contracts was discussed. The clerk said the
bond form has been revised and indicates approval of the bond by the Board of
Trustees. She suggested MFT contracts be put on the Consent Agenda for approval with
other contracts. A copy of the revised bond form will be sent to the Board for review.
Ordinance- Sanitary Sewer
Improvement- Waukegan & Northwoods
S./A 113
fO- 76 -33)
the Board of Local Improvememts.
Trustee Marty moved, seconded by Trustee Seidman,
that the ordinance be passed providing for the
installation of a sanitary sewer and related work
on a portion of Waukegan and Northwoods Roads
by Special Assessment No. 113, as recommended by
Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Authorize Filing Petition Trustee Marty moved, seconded by Trustee Seidman,
S/A 113 w -Ith Lake Co. Court that the Board direct the Village attorney to
file a petition in the Circuit Court of Lake County
to pray that steps be taken to levy a special assessment for the improvements above
described, Special Assessment No. 113. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
`.
President Appoint Bike Committee Trustee Seidman moved, seconded by Trustee Swanson,
that the President appoint the Ad Hoc Bicycle Path
Committee to recommend locations for bicycle paths. _
Motion carried unanimously.
The manager will handle administratively the free popcorn machine on the sidewalk
during the July 5th parade placed by Koenig and Strey.
Approve Agreement W. Deerfield Trustee Seidman moved, seconded by Trustee
Twp. Re Youth Worker Blumenthal, that the Agreement with West Deerfield
Township regarding payment to the Youth Center
Worker be approved and execution authorized. Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
Accept Bids MFT Maintenance Trustee Seidman moved, seconded by Trustee
Blumenthal, the the low bids for Motor Fuel
Tax maintenance materials be accepted and contracts awarded to the following
bidders, as recommended by the Village engineer:
Street Resurfacing Peter Baker & Son
$37,632
Sidewalk Replacement Schroeder & Schroeder 5,100
Bituminous Patching Peter Baker & Son 10,200
Mixture F.O.B.
Asphalt Crack Filler Witco Chemical Co. .2,600
Adopted by the following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
Add $11000 Street Resurfacing Trustee Seidman moved, seconded by Trustee
Marty, that the engineering department pre-
pare plans for $11,000 additional work on street resurfacing. Adopted by the
following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
Agreement Bicentennial Trustee Marty moved, seconded by Trustee
Statuary Garden to be Blumenthal, that the attorney be directed
Prepared to prepare an agreement to establish a not -
for profit corporation for the Bicentennial
Statuary Garden to be submitted to the Township and Library for their approval.
Motion carried unanimously.
$4600 Rev. Sharing Funds Trustee Blumenthal moved, seconded by Trustee
Marty, that $4,600 Revenue Sharing Funds be
For Fountain allocated toward the fountain in the Bi-
centennial Statuary Garde. Adopted by the
following vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
Lt. Salary $21835 Trustee Marty moved, seconded by Trustee
Stiehr, that the salary for fully qualified
lieutenants be set at $21,835 effective May 17, 1976, and the previous motion
of May 17th setting Lieutenants salaries be rescinded-. Adopted by the following
vote:
Ayes: Blumenthal, Marty, Seidman, Stiehr, Swanson (5)
Nays: None (0)
There being no further business, on motion by Trustee Seidman and
seconded by Trustee Stiehr, the meetin s adjourned at 12:45 a.m.
APPROVED:
d-e-fiff-
ATTEST: TEST:
ea-
Village Clerk