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12/06/197687 December 6, 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 Monday, December 6, 1976 at 8:05 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Norma Gavin Cynthia J. Marty Edwin B. Seidman Daniel H. Stiehr Vernon E. Swanson Absent: D. Jeffrey Blumenthal 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 Stiehr moved, seconded by Trustee Swanson, that the minutes of the regular meeting held November 15, 1976 and the special meeting on December 2, 1976 be approved as submitted. Lu. LU Motion carried unanimously. The President presented Recognition Awards for donors who have given eight pints or more of blood to the Blood Program. More than 100 High School, Trinity College and Seminary students have given blood, thereby enabling the Village to meet its quota. Approve Consent Agenda The Consent Agenda was presented for consideration as follows: CONSENT AGENDA Ordinance amending Section 22.164 of the Municipal Code of 1975 to add Gordon Terrace at Birchwood Avenue (East and West directions) to the list of designated stop streets. (0- 76 -62) Ordinance approving a Planned Development of Lot 145, Hovland Subdivision, at the south- east corner of Wilmot and Laurel. (0- 76 -63) Vote for two Illinois Municipal Retirement Fund Executive Trustees: Donald C. Duranso, Glencoe Bertha E. Rohrbach, Des Plaines Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance adding Gordon Terrace at Birchwood Avenue as stop streets at its first presentation. Motion carried unanimously. Trustee Marty then moved, seconded by Trustee Swanson, that the Consent Agenda be approved, including passage of the two ordinances. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed the two ordinances indicating his approval thereof. Authorize Ordinance -No Parking At the November 15th meeting a report from the Waukegan Martinizing Safety Council was received recommending the elimina- Notify Action-Committee tion of the parking space on the east side of Waukegan Eliminate On= street Parking Road in front of the Martinizing store. Trustee May 1, 1977 Seidman had moved, seconded by Trustee Marty, that the report be accepted and the attorney prepare the ordinance, but Trustee Stiehr then moved, seconded by Trustee Seidman, that the motion be amended to eliminate all parking on the streets in the Central Business District. The matter was tabled to the next . meeting on motion by Trustee Gavin, seconded by Trustee Seidman, and carried unanimously. A letter from Mr. Daniel W. Christensen, Chairman of the Deerfield Action Committee, stated the Committee is opposed to the elimination of all on- street parking on Deerfield and Waukegan Roads prior to studying replacement of the lost spaces and solution to at least some of the existing parking access problems. The Committee agreed with the objectives under consideration but felt the timing is premature. Discussion was had on the number of on- street parking spaces that would be eliminated. President Forrest stated the new owners of the Deerfield State Bank would cooperate in removal of fences to open up off - street parking. Trustee Swanson suggested setting a deadline for elimination of on- street parking on Waukegan and Deerfield Roads in the Central Business District. Trustee Seidman suggested that on- street parking be phased out by May 1, 1977, particularly on Deerfield Road. The President suggested that a letter be sent to the Deerfield Action Committee stating that the Board has indicated a desire to eliminate parking on Waukegan and Deerfield Roads in the Central Business District, the matter will be studied, and the parking will be phased out by May 1, 1977. Safety Council Chairman Jerold Heisler stated he agreed that parking should be prohibited on Waukegan and Deerfield Roads, but the original recommendation was the elimination of one parking space in front of the Martinizing store which will solve an immediate hazard and will result in no inconvenience since off - street parking is provided at the side and rear of the building. Trustees Stiehr and Seidman withdrew the amendment to the motion accepting the Safety Council's report and directing the attorney to prepare the ordinance elim- inating the parking space. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, that the Action Committee be notified that as of March 1, 1977 the Board will consider the elimination of parking on Waukegan and Deerfield Roads, to be effective May 1, 1977. Motion carried unanimously. Report - Obligation of Finance Director George Valentine submitted Revenue Sharing Funds a report on the accumulation of Revenue Sharing Funds for the construction of a capital project. The manager suggested the report be discussed with Mr. Valentine when he is available. C.O.P. Report- Handicapped A memorandum from the Chief of Police stated Parking - Implementation handicapped parking is being provided in many Administratively - Authorize areas in the Village and the new commuter Ordinance Handicapped Parking parking lot will designate certain spaces for handicapped parking. He anticipates and enforcement problem unless the car used by the handicapped person can be clearly identified. He recommended the adoption of a program and issuance of handicapped decals as has been done by the City of Waukegan. A copy of Waukegan's affidavits was attached. Waukegan will supply the Village with decals, which are furnished in pairs, at a cost of 500, per pair. Trustee Marty said a car used by a handicapped person is parked in front of the railroad station and suggested a sign be erected at the ramp. Mr. Stucko stated the sign can be put up but it cannot be enforced because it is private property. He said an ordinance is not needed; the program can be implemented by motion setting a fee of 50� per pair for decals upon submission of affidavits and an application for a handicapped decal. The railroad and owners of other private parking lots can be asked to honor handicapped decals, including the fire lane at the High School. Trustee Marty moved, seconded by Trustee Swanson, that the program be imple- mented administratively as proposed by Mr. Stucko. Motion carried unanimously. Trustee Stiehr moved, seconded by Trustee Marty, that an ordinance be prepared to ticket the non - handicapped parking in spaces where parking is otherwise prohibited. Motion carried unanimously. P.C. Report- Baumann Sub-..'- A report from the Plan Commission, dated 1218 Wilmot November 30, 1976, recommended approval of the Baumann Subdivision of property at 1218 Wilmot Road into two lots. The original recommendation was received by the Board at the July 19, 1976 meeting and preparation of ordinances granting variations was authorized. The ordinances were tabled at the August 2, 1976 meeting pending further negotiations between Mr. Baumann and the adjoining property owners Mr. Paul Wade. 89 Trustee Seidman stated the preparation of ordinances had been approved in order to help in negotiations with Mr. Wade, but he was.opposed to this subdivision which left a large tract to the rear. He said Mr. Baumann should be told the subdivision is not approved and a more reasonable plan of development whould be worked out with the adjoining property owner. Trustee Swanson said the Board would see more subdivisions like this in the future and a policy should be established by the Plan Commission and the Board of Zoning Appeals for the development of these leftover tracts. Ordinance Granting Variation The ordinance was presented granting a variation Baumann Sub. from the Subdivision Ordinance to permit a lot FAILED depth of 100 feet in lieu of the required 110 feet on Lot 2, Baumann's Subdivision, and a variation from the provisions of the Zoning Ordinance to permit a lot area of 18,561 square feet in lieu of the required 20,000 square feet for Lot 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 unanimously. Trustee Seidman moved, seconded by Trustee Marty, that the ordinance be passed as presented. The motion failed with the following vote recorded:. 00 Ayes: None (0) CO Nays: Gavin, Marty, Seidman, Stiehr, Swanson (5) Ordinance Granting Rear The ordinance was presented granting a variation Yard Variation Baumann Sub. from the provisions of the Zoning Ordinance to FAILED permit a rear yard of 25 feet on Lot 2, Baumann's Subdivision, in lieu of the required 50 feet. Trustee Marty moved, seconded by Trustee Seidman, 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 ordinance be passed as presented. The following vote was recorded and the motion failed: Ayes: None (0) Nays: Gavin, Marty, Seidman, Stiehr, Swanson (5) The petitioner will be notified that the subdivision was not approved and the ordinances granting variations were not passed. P.C. Report- Howland A report was received from the Plan Commission Resub. 550 Elm recommending approval of Howland's Resubdivision Approve Final Plat of Lot 1, Rockenbach's Subdivision, at 550 Elm Street, into two lots which comply in all respects with requirements of the Subdivision and Zoning Ordinance. An additional dedication will be given for Elm Street right -of -way. Trustee Stiehr moved, seconded by Trustee Marty, that the recommendation of the Plan Commission be accepted and the President be authorized to sign the final plat of Howland's Resubdivision. Motion carried unanimously. BZA Report -Lot Width Variation A report from the Board of Zoning Appeals recommended Lot 2, Stryker's Sub. ( Nustra) that a variation to granted to permit construction Authorize Ordinance of a two- family dwelling on Lot 2, Stry.ker's Sub- division, a previously recorded lot having a width of 68.20 feet in lieu of the required 75 feet, as requested by Mr. Charles Nustra. Trustee Marty moved, seconded by Trustee Seidman, that the recommendation of the Board of Zoning Appeals be acepted and the attorney directed to prepare the ordinance granting the variation. Motion carried unanimously. BZA Report -Side Yard Variation A report from the Board of Zoning Appeals recommended 1563 Hawthorne (Larson) that a side yard variation be granted to permit the Authorize Ordinance construction of an addition to the residence at:. 1563 Hawthorne Place, as requested by Mr. Steen Larson. The variation is. for the. corner side yard, with construction in the interior side. Trustee Stiehr moved, seconded by Trustee Marty, that the report be approved and the attorney be directed to prepare the ordinance granting the variation. Motion carried unanimously. [fro BZA Report- Variation A report from the Board of Zoning Appeals 794 Orchard (Easton) recommended that a variation be granted to Authorize Ordinance permit construction of an addition to the existing residence at 704 Orchard Street with a side yard of 4.8 feet, as requested by Mr. Albert Easton. Trustee Seidman moved, seconded by Trustee Gavin, that the report be approved and the attorney be directed to prepare the ordinance granting the variation. Motion carried unanimously. Discussion - Whitehall Driveways The first presentation was made of an ordinance Authorize $500 Tra -ffic Study authorizing a Special Use for the Whitehall 1st Presentation - Ordinance North Nursing Home expansion. Discussion was Granting Whitehall Sp. Use had on the entrance and exit driveways and the plans for the reconstruction of Kates Road were reviewed. Mr. Steven Mulder, owner of the Nursing Home, stated the interior road specified in the ordinance would not be esthetically appealing and suggested as an alternative a sign "DO NOT BLOCK ROADWAY ". Trustee Marty suggested that the driveway locations be studied after the new road is built. Trustee Swanson suggested a traffic actuated light at the nursing home driveway. Mr. Mulder said be would be willing to pay up to $7,000 for a traffic actuated light to be tied together with the traffic light at the Waukegan -Kates intersection. Trustee Stiehr pointed out that there is a traffic problem for only a few hours during the day when Kates Road is used by employees of Fiat - Allis, Sara Lee and the nursing home. President Forrest suggested that a traffic consultant be retained to submit recommendations on Kates Road traffic, the cost to be added to the Special Assess- ment for Kates Road reconstruction. Trustee Marty moved, seconded by Trustee Seidman, that a traffic study be authorized at a cost not to exceed $500.00, which cost will be added to the Special Assessment for the Kates Road improvement. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) , Nays: None (0) The matter will be on the agenda for the next meeting. Discussion-Underpass Agreement Trustee Stiehr stated that, in looking over On Agenda for Next Meeting the background on the proposed underpass con- struction, he felt it was a classic case of creeping delays. On June 2, 1975, he was authorized, as President pro tem, to sign the Agreement with Westenhoff & Novick for the underpass widening, subject to the approval of the Illinois Department of Transportation. The engineering agreements were revised by the State, and on October 29, 1975 the revised agreements were sent by Westenhoff & Novick to the Village for Board approval and execution. The Board was remiss in not taking action after the revised agreements were returned by Westenhoff & Novick. The Safety Council, Paul Box and Associates and the Underpass Committee chaired by Trustee Swanson submitted recommendations. Northeastern Illinois Planning Commission has also reviewed the underpass proposal, but no decision has been made. The revised Agreement with Westenhoff & Novick will be on the agenda for the next meeting. 1st Presentation - Recapture The first presentation was made of a Recapture Ordinance - Laurel Hill #12 Ordinance for Chesterfield's Laurel Hill Unit 12, on storm and sanitary sewer installations on Birchwood Avenue between Lake -Cook Road and Gordon Terrace. Trustee Marty moved, seconded by Trustee Seidman, that this stand as a first reading. Motion carried unanimously. Request Extension Liquor The President reported that the Brunswick Deer - Closing Hours - Brunswick brook Lanes had requested permission to extend Ordinance FAILED the closing hours for serving alcoholic liquor to 3:00 a.m. on New Year's Eve.. by the drink for consumption on the premises Thereafter until 3:00 p.m., and conducted as a private party for advance reservations only, a buffet supper and champagne will be served. The attorney has advised that an ordinance amendment is required and the amendment has been prepared. 91 The ordinance was presented amending Section 3- 11(a)(2) of the Municipal Code of 1975 to provide that, upon application made by any licensee to the Local Liquor Commissioner, the closing hours may be extended at the discretion of the Local Liquor Commissioner to accommodate the particular circumstances set forth in the licensee's application. After a brief discussion, Trustee Stiehr moved, seconded by Trustee Swanson, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Stiehr moved, seconded by Trustee Swanson, that the ordinance be passed as presented. The motion failed by the following vote: Ayes: None (0) Nays: Gavin, Marty, Seidman, Stiehr, Swanson (5) Discussion - Clerk's Salary A memorandum from President Forrest and Trustee Authorize Ordinance Gavin recommended that the salary of the Village $7500 & Cost of Living Clerk be set at $6500 per year to be increased or decreased annually during the term of office by the cost of living index published by the Department of Labor, using January 1, N~ 1977 as the base period. In addition, they recommended that up to $1200 additional CO be provided for part time help for the clerk, to include the vacation period. The clerk stated that, based on the number of hours which were sometimes exceeded, the pay was $5.00 per hour and she had not been consulted four years ago on number of hours worked or salary. President Forrest stated the inclusion of the vacation period in the $1200 budgeted for part time help was an error. The salary to be paid to the Deputy Clerk is set by ordinance not to exceed 3/52 of the Clerk's salary. Trustee Seidman stated a salary of $7500 was more appropriate for the position. Trustee Swanson said that all other salaries paid by the Village included a cost of living factor. Trustee Seidman moved, seconded by Trustee Marty, that the salary of the Village Clerk shall include a provision for an annual increase or decrease based on the cost of living index published by the Department of Labor. Motion carried, Trustee Stiehr voting Nay. Trustee Seidman moved, seconded by Trustee Stiehr, that an ordinance be prepared establishing the salary of the Village Clerk of $7,500 per year increased or decreased annually by the cost of living index. Motion carried unanimously. Architectural Committee to Discussion was had on the Action Avenue concept, Interview Consultants and the President's recommendation that an inter - Re: Action Avenue Concept section design study be made of the proposed S curve north of Deerfield Road with a recommended design concept and a preliminary cost estimate of construction. He also recommended that a preliminary engineering study and report be prepared to determine the feasibility of the proposed Action Avenue from the south side of Deerfield Road to Waukegan Road, to include preliminary cost estimates of land to be acquired and construction. It was the consensus of members that traffic should be kept slow, and that stop signs be erected at Jewett Park Drive rather than to attempt to acquire additional land. The Village engineer gave estimates of cost for improvements from from Deerfield Road to Hazel Avenue. Trustee Seidman moved, seconded by Trustee Marty, that the Architectural and Engineering Selection Committee interview consultants for preliminary engineering studies of the proposed Action Avenue. Motion carried unanimously. Trustee Stiehr stated the Village has bought the KnitWits property on.the north side of Deerfield Road, but nothing was acquired to the south These matters were studied and referred to committees but nothing constructive has been done. Decision must be made by the Board on whether they are ready to make major expenditures to carry out plans, and money is going down the drain unless there is a willingness to issue bonds to carry out these improvements. Trustee Swanson stated the Village is not required to bear the full cost but the Village must have figures on costs. The Village could pay the full costs of improvements north of Deerfield Road, but costs to the south must be known before a determination can be made on whether plans for Action Avenue are practical. 92 Trustee Marty said the study of the Chestnut - Deerfield intersection should be put back on the agenda. She said the Board is getting involved in so many studies, and they should follow through on some of them. Ordinance Supplementing Budget The ordinance was presented revising and Youthbound Program supplementing the Annual Budget by the (0- 76 -64) addition of revenues and expenditures for the Youthbound program as a separate department. Discussion was had on the program and the reason for the Budget revision which was formerly included in the Budget of the Police Department. Trustee Seidman moved, seconded by Trustee Gavin, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried un- animously. Trustee Seidman moved, seconded by Trustee Gavin, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Approve Amendment to Agreement An Amendment to the Agreement for pro - Schumacher & Svoboda, Inc. fessional services for Phase I Commuter Pedestrian Bridge at RR Parking was received from Schumacher and Svoboda, Inc. to include a pre -cast con- crete pedestrian bridge across Deerfield Road to the railroad station. The estimated cost for the additional professional services is $2,500. Trustee Marty moved, seconded by Trustee Gavin, that the Amendment to the Agreement be approved and execution thereof authorized. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) Clerk's Reports The clerk reported that the Ordinances abating the tax levies for Sewage Treat- ment Facilities and the Brickyard Acquisition'Bonds have been filed with the County Clerks of Lake and Cook Counties, and return receipts have been received. A representative from the North Shore Sanitary District called regarding acquisition of a part of the brickyard property by the Village. He said no Deed has been recorded to show the change in ownership. Mr. Stucko stated there is no Deed, only the Court order showing title vested in the Village. The ordinance amending the Special Use on the former Strub property, which was recorded by the attorneys office in July, 1976, has not been returned. Mr. Stucko will check on the delay. Reports Trustee Marty reported that the brickyard property used by Milburn Bros. for the concrete batch plant has not been cleaned up, and this should be done as required by the Agreement. President Forrest and Trustee Seidman attended a meeting with the Plan Com- mission and spoke about completion of revisions to the Zoning Ordinance before February, 1977. They offered the help of the attorney and staff. The Plan Com- mission will give a date for completion of the revision after they meet with Mr. James Burke, former Planning Aide, who has agreed to assist the Commission. Trustee Marty said the point was not made that the Home Rule Implementation Committee has recommended that the duties of the Plan Commission be split up and handled in part by the Board of Zoning Appeals. Mrs. Laura Lee Christoph, Evergreen Place, reported there is pipe and other debris on the Mallin property on Waukegan Road, left from the construction of the the Lake /Cook and Waukegan intersection. The President assured Mrs. Christoph this will be checked on. There being no further business, on motion by Trustee Seidman and seconded by Trustee Stiehr, the meeting was adjourned at 11:30 p.m. ^� APPROVED : ATTEST: Presiden Z Village erk'