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09/07/197654 September 7, 1976 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 Tuesday, September 7, 1976 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President D. Jeffrey Blumenthal Norma Gavin Cynthia J. Marty Edwin B. Seidman Daniel H. Stiehr Vernon E. Swanson 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 Blumenthal moved, seconded by Trustee Marty, that the minutes of the regular meeting held August 16, 1976 be approved as corrected. (Page 50 - line 19 - delete "he ".) Motion carried unanimously. Mr. James Bente, Chairman of the Board of Police Commissioners, presented the Donald E. Gehrig Memorial Award for 1975 to L. Patrick Anderson, the year's outstanding police officer. Report -P.W. Director Public Works Director Ed Klasinski submitted a report on departmental objectives for January through June, 1976. All departmental objectives are expected to be achieved. The animal shelter has an October deadline. The light poles have been delivered and will be in- stalled. Water main extensions to loop portions of the system (Colony Road to Bent Creek Ridge Road) will be constructed after the ground is frozen to minimize damage to rear yards. Water main breaks average one per month,'a reduction from last year when there were more than 40 breaks. Approve President's Statement The President read a statement regarding the Re: Liquor License Enforcement rehearing order issued by the Illinois Liquor Control Commission reversing not only his suspension order of the liquor license held by the Swedish Manor restaurant but the Commission's own order of suspension issued after the first hearing. No new testimony was given at the rehearing. The suspension was for seven days. The adverse ruling will not affect his pledge to the residents of the Village to continue to require strict enforcement of all State and local regulations by all licensees. Trustee Marty moved, seconded by Trustee Seidman, that the Board support the President's statement. Motion carried unanimously. Approve Consent Agenda The Consent Agenda, with five items deleted, was presented for consideration as follows: CONSENT AGENDA First presentation: Ordinance amending Police Command Structure to provide for six sergeants. Authorize release of $14,780.25 from escrow funds to W. T. Bowler and Associates for sewer work completed in Chesterfield's Laurel Hill, Unit 12. Approve final plat of Kitzerow's Resubdivision, Unit 2. Trustee Seidman moved, seconded by Trustee Blumenthal, that the Consent Agenda be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) LJ I. 55 _Authorize.Execution Landscaping Trustee Seidman moved, seconded by Trustee Agreement with.R.R. Blumenthal, that the Agreement between the Milwaukee Road and the Village of Deerfield be approved for the use of the railroad's property for landscaping purposes from Telegraph Road to the north Village limits, and execution of the Agreement be authorized. Motion carried unanimously. The Public Works Director will level off fill brought to the site which should be competed within a year to a year and a.hal.f. Authorize Execution - Not -for Profit Corp. Bicentennial Sculpture Garden profit corporation for the Sculpture Garden. Motion carried unanimously. Authorize Execution License Agreement Fiat -Allis Warning System Trustee Gavin moved, seconded by Trustee Stiehr, that the President be authorized to execute the Agreement with West Deerfield Township and the Deerfield Library Board to establish a not -for- construction, financing and maintenance of the Bicentennial Trustee Marty moved, seconded by Trustee Seidman, that the President be authorized to execute the License Agreement with Fiat -Allis Construction Machinery, Inc. to permit the Village, as licensee, to construct, operate and maintain an emergency warning system on the north ten feet of property owned by the corporation south of Kates Road right -of -way. Motion carried unanimously. No Reconsideration of Approval A lengthy discussion was had on the Board's Chesterfield Resub (Solomon- approval of the 72 lot resubdivision of Solomon's Marshall Sub.) Subdivision (Marshall Meadows), an action taken at the August 16th meeting. The President stated fifteen letters opposing the resubdivision had been received. It was his opinion that resubdivision into larger lots was economically feasible. Trustee Seidman stated he had talked with all but one of the objectors. They expressed concern about increased flooding, adequacy of sewers and the increased traffic that would be generated if Somerset is improved and Stratford Road is opened to Hazel Avenue. Several residents of Wayne Avenue stated they now had problems with flooding which would be increased by the development of the 72 lot resubdivision. The Village engineer stated the developer had agreed to provide on -site storage of water and a new storm sewer of sufficient capacity had been installed in 1974. The Village will require a TV inspection of underground services previously installed by special assessments, and replacement if necessary. Trustee Marty pointed out that 58 lots could be built on as currently platted in the recarfdeft subdivision ithogt v4ri tions. The Village cannot require on -site storm water retention e hesd`eveiopapn He uilt on Hillman of Chesterfield Development, will provide on -site retention as well as to maintain a total of sideyards:.of:15 feet. Mr. Hillman stated it was not economically feasible to develop the 65 lot re- subdivision (Plan No. 12)inasmuch as it was the consensus of the Plan Commission and the Board of Zoning Appeals that the Somerset right -of -way should be retained. The 72 lot resubdivision approved by the Board on August 16th would be of benefit to the Village since he has volunteered to provide on -site storm water retention and combined sideyards of 15 feet. He pointed out that 2/3 of the homes in the vicinity are built on lots of 60 feet or less. He asked the Board to proceed on the basis of the vote at the last meeting. Trustee Seidman stated neither the President or Trustee Stiehr, who had asked for Plans 12 and 13 to increase lot size, were present at the last meeting. After further discussion Trustee Stiehr moved, seconded by Trustee Seidman, that the action taken at the last meeting for approval of the 72 lot resubdivison be reconsidered. The motion failed by the following vote: Ayes: Seidman, Stiehr (2) Nays: Blumenthal, Gavin, Marty, Swanson (4) Mr. Stucko stated the ordinance granting variations should be passed when the final plat of resubdivision is approved. The meeting was recessedrat 9:30 p. m. and reconvened at 9:40 p.m., with all members present. 56 Approve Plan "C" Alternate alignments for the extension Carriage Way of Carriage Way o connect with Carlisle Road Extension Avenue were prepared by the Village engineer and reviewed by the Board. The Board approved the concept of Plan "C ", keeping the road away from Lot 105 in Colony Point and saving as many trees as possible. Worley Bldg. Permit Revoked -Refer to BZA has an excavation in his front and has invested approximately mediate action by the Board so Mr. Philip Worley stated the building permit for an addition to his home at 1351 Berkley Court had been revoked. He yard, removed trees and shrubs for the addition $4300 in building materials. He would like im- that construction may proceed. Director of Building and Zoning Charles Smalley stated he had issued a stop order when he saw that the addition projected into the front yard which has a 40 foot building line established by the plat of subdivision. The permit was issued by the building inspector who had told the contractor there was a 40 foot building line. The contractor submitted detailed plans for the addition but no building line was shown, and an error was made in the issuance of a building permit. Mr. Dan Christensen, 1350 Berkley Court, said he had no objection to the addition. Trustee Gavin stated it was conceded that a Village employee had made an error in issuing the permit. Mr. Stucko said that there was nothing the Board could do - a variation would be required. President Forrest stated that in view of the fact that the error was made by a Village employee, the fee for a public hearing by the Board of Zoning Appeals should be waived. Mr. Smalley will publish the notice for a public hearing by the Board of Zoning Appeals for the last week in September, and the matter will be taken up by the Board at its first meeting in October. Mr. Richard Ross, attorney, stated the Board of Zoning Appeals was an ad- visory board, and asked the Board to indicate whether Mr. Worley would have a sympathetic ear. Trustee Stiehr said he would hate to ask the Board of Zoning Appeals to send down a directed verdict but one of the things the Board of Zoning Appeals would look at was the question of hardship. Trustee Marty stated the contractor should be present at the Board of Zoning Appeals hearing- Discussion-Truck Traffic Mrs. Willard Loarie, Oxford Road, addressed Referred to Safety Council the Board regarding the serious problem of trucks on Deerfield Road. For some time she has observed the difficulties of semi - trailer truck drivers turning onto or from Deerfield Road at the Deerfield- Waukegan intersection. She recently saw a semi- trailer truck driver turning east from Waukegan Road onto Deerfield Road, almost hitting the traffic light, and finally swinging into the second west bound lane, causing west bound drivers to back up. She felt it is important that the Village take preventative action before there is a major accident. She suggested that right turns by semi - trailer trucks be banned at the Waukegan - Deerfield intersection,. and that trucks, except those making local deliveries, be banned on Deerfield Road. She expressed concern about the safety of children on the sidewalk where the walk is adjacent to the roadway, and pointed out that Deerfield Road is a residential street except for two blocks in the central business district. A resident of the Regency stated his sleep is often disturbed by the heavy truck traffic going through c town on Deerfield Road. N Trustee Seidman said trucks were getting larger and heavier and he would wlike to see a truck ban with a $50 fine for violations. Air pollus�taeds getting u worse as proved by a 10 day smog alert last week. Trustee Marty s�ugges-ti-d a truck � traffic count. was made last spring. 0 Safety Council Chairman Jerold Heisler said truck traffic had not been dis- cussed by the Council, but the matter would put on the agenda for the next meeting. Approve Not - for - Profit Discussion was had on the establishment of a Corp. for Youthbound not - for - profit corporation for fund raising for the Youthbound program. Mr. Stucko state the idea of a not - for - profit corporation had been initiated by Youth Worker Tom Creighton in order to accept contributions from foundations without upsetting their tax exempt status. Some method must be worked out to give control of the equipment to the corporation, which can be dissolved whenever desired. The manager suggested that the Village treasurer be named an officer in order to have a complete picture of details of expenditures, contributions, etc. so 5'7 Trustee Stiehr stated that some people say it is a great program which is funded by a grant and is periodically reviewed. He asked if the Youthbound program is accomplishing what it is setting out to do and is it cost effective. Will foundation conttibutions be continued each year? As the program gets bigger, will the Village's share be increased and how big should the program be and is there a need to be served? He would like to see information on the number of trips taken, the number of youths taken, the number of adults, rates of pay or compensatory time -off, what fees are paid and what are the costs, the total of Village expenditures, the ILEC grants, and a projection of amount of equipment, such as canoes, buses and vans, needed by the program. President Forrest stated the non - profit organization should approve the budget. Trustee Swanson stated he thought Trustee Stiehr's questions were good. Trustee Marty suggested a workshop meeting to get answers from Mr. Creighton. Trustee Seidman said fees amounted to $1300, and there was no charge by the Police Department. Trustee Seidman moved, seconded by Trustee Blumenthal, that a not - for - profit corporation be established for the Youthbound program. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman (4) Nays: Swanson (1) Abstaining: Stiehr (1) Mr. Stucko stated he would need to know the number of directors. Trustee Stiehr said he felt the establishment of the not - for - profit corporation was premature. Fence Ordinance to Include Easements Trustee Marty moved, seconded by Trustee Gavin, that the ordinance be passed amending Chapter 11 of the Municipal Code by adding a new Article VII to require permits for the construction of fences, no encroachment on public ways, inspection, fees and penalties. Motion and second were withdrawn then it was pointed out that fences on easements, although permitted, should be maintained by the property owner. Trustee Stiehr said he would like to see clarification on easements before the ordinance is passed, and the Board concurred. Discussion - Liquor License Discussion was had on President Forrest's suggestion- Standards in CBD for establishing standards for the issuance of liquor licenses, in the Central Business District. He suggested that an eating establishment should have been in business for years prior to the issuance of a license, must have a minimum seating capacity, must have the required number of on -site parking spaces, and no license shall be issued within r*- number of feet of another liquor licensee. A question has arisen in connection Nith closing hours for Class F licenses issued for special occasions for a period not —to exceed 48 hours. rn v Trustee Stiehr stated it'was a statement of policy which was proposed, not an yordinance. Legislation cannot be.imposed that would affect only certain parts of the PVillage. The problem of coc i]Ploun�est'south of Lake -Cook Road was discussed as well Oas parking for restaurants. � rees I -F stated that if a restaurant cannot provide adequate parking, a liquor license should not be issued. Trustee Marty said a restau- rant could not stay in business if sufficient parking is not provided. Trustee Seidman stated he felt the matter of standards should be discussed at a workshop meeting. Trustee Blumenthal said that every Board member has his own idea on standards; every situation is unique and a decision should be made on the merits of the case. MFT Resolution - $37000 Trustee Seidman moved, seconded by Trustee Carriage Way Extension Blumenthal, that a resolution be adopted appropriating $37,000 from Motor Fuel Tax funds for the extension of Carriage Way to Carlisle Avenue. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) Authorize Ordinance An application was received for a Class C liquor Class C Liquor License license (beer and wine) for Munch Bucket II. Munch Bucket II Trustee Seidman moved, seconded by Trustee Swanson, that the attorney be directed to authorizing an additional Class C license. an ordinance Motion carried, Trustee Stiehr voting Nay. prepare 46, Ordinance Adopting The ordinance was presented entitled Municipal Code "An Ordinance adopting and enacting a (0- 76 -48) new Code of Ordinances of the Village of Deerfield, Lake and Cook Counties, Ill- inois; establishing the same; providing for the repeal of certain ordinances not included therein, except as herein expressly provided; providing for the manner of amending such code of ordinances; providing for a penalty for the violation thereof; and providing when this ordinance shall become effective." Trustee Seidman moved, seconded by Trustee Swanson, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Swanson, that the word "executive" be deleted and the word "administrative" be inserted in Section 2 -102a, Establish- ment of Police Department. Motion carried, Trustee Seidman voting Nay. Trustee Seidman moved, seconded by Trustee Swanson, that the ordinance be passed as corrected. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Approve CCPA Agreement A memorandum was received providing for Police Salaries - 1976 -77 the extension in toto of the collective bargaining agreement between the Combined Counties Police Association and the Village of Deerfield from May 1, 1976 through April 30, 1978, with the following modifications: 1. Effective May 1, 1976, each employee covered hereunder shall receive a pay increase of five per cent; and 2. Effective May 1, 1977, each employee covered hereunder shall receive a pay increase of seven per cent. The agreement was signed by the CCPA. Trustee Stiehr moved, seconded by Trustee Seidman, that the agreement be approved and execution thereof authorized. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) President Forrest commended the negotiating committee. Re: Sr. Citizen Housing Mr. William Draper, architect and vice - president of Dell Corporation, stated that interest in senior citizen housing had been expressed in a meeting which the President had been unable to attend. In order to get HUD approval and financing the senior citizen housing must be close to shopping, churches and like facilities. He said HUD sets a limitation on land costs. After reviewing land and costs in the Central CorrectedBusiness District, he felt the most suitable site was the property behind the 9/20/76 Regency condominiums on Deerfield Road which would meet HUD criteria. He needs from the Village a letter showing a desire for HUD to proceed with the construction of senior citizen housing on this site. President Forrest stated the Vil the proposal, a period too short to give that had such far reaching consequences. proposal by 36 residents of the Regency. left the meeting. 0 Lage was given only 14 days to consider adequate consideration to a project There was 100 per cent opposition to the After a heated exchange, Mr. Draper Trustee Gavin said a decision on senior citizen housing should be made soon. Trustee Swanson stated a study rather than a survey of senior citizen housing needs should be undertaken for greater accuracy. President Forrest said he hoped to get enough time for proper consideration before another proposal for senior citizen housing comes in. Clerk's Reports The clerk reported that copies of the tax levy ordinance had been filed with the County Clerks of Lake and Cook County and return receipts had been received. The treasurer's report on receipts and disbursements, with affidavits of publication, have been sent to the treasurers of Lake and Cook Counties and the collector of Northfield Township. II i` 1 59 Reports Trustee Blumenthal stated time was on the side of the Village in connection with NORTRAN's request for a loan, but ultimately the operation will have to be subsidized. He stated he had complaints about the Osterman Avenue railroad crossing and asked if the Village could not do something about repairs. The manager said the Village should not use Village funds for the repair of the crossing, and suggested that pressure be put on the railroad. The President will send a letter to the railroad requesting improvement of the crossing. Approve Foundation Height The Village engineer recommended that Mr. Joseph Variation, Lot 12, Lake Eleanor Batchelor's request for a foundation height variation be approved for the residence to be constructed on Lot 12, Lake Eleanor Subdivision. A variation of 1 foot ten inches is requested to protect the foundation from the high water elevation of Lake.Eleanor and to maintain the same elevation as the surrounding homes. Trustee Seidman moved, seconded by Trustee Marty, that the variation in founda- tion height be approved. Motion carried unanimously. Authorize Signing ILEC Youthbound Grant grant. Motion carried unanimously. Request S.C. Study of 4 Way Stops- Greenwood- Stratford & Hazel- Stratford Trustee Marty moved, seconded by Trustee Gavin, that the President be authorized to sign the Illinois Law Enforcement Commission Youthbound Trustee Seidman asked the manager to request the Safety Council to study the installation of 4 -way stops at the Greenwood - Stratford and the Hazel- Stratford intersections. There being no further business, on motion by Trustee Seidman and seconded by Trustee Stiehr, the meeting was adjo ed at 12:00 midnight. APPROVED: President ATTEST: t� Village Clerk /V / ! ��i