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.
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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.
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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.
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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
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Village erk'