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04/18/1977IN April 18, 1977 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, April 18, 1977 at 8:00 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 Seidman moved, seconded by Trustee Stiehr, that the minutes of the regular meeting held April 4, 1977 be approved as corrected. (Page 128- President Forrest's comments on Cortorer Resubdivison before vote; Correction of typographi- call errors). Motion carried unanimously. Trustee Blumenthal moved, seconded by Trustee Marty, that the minutes of the Budget Hearing be approved as corrected. (Thomas Parfitt; and, referring to the revolving fund "should be given). Motion carried unanimously. Approve Warrant No. W -77 -4 Trustee Stiehr moved, seconded by Trustee .Swanson, that Warrant No. W -77 -4 - Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) Treasurer's Report The treasurer's report, dated March 31, 1977, was received, and included cash and invest- ment statements, detail expenditures by activity, revenue and expense statement, high- light control report, and cash flow statements. The manager said the treasurer would answer any questions about the report when he returns from a Finance Officers Meeting. Revenue Sharing Budget Revenue Sharing Funds to be expended or appropriated were:-.discussed and'.fncluded $15,000 set aside for the Police addition, $8,500 for the underpass renovation, and funds for the Sculpture Garden. Decision was made to await a report from the treasurer on the Police addition. Trustee Seidman moved, seconded by Trustee Marty, that $8,500 be appropriated from Revenue Sharing Funds for renovation of the underpass. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Gavin, that $1,000 from Revenue Sharing Funds be appropriated for the Bicentennial Garden. Motion failed, Trustee Seidman voting Aye; all others voting Nay. No Budget-Amendments Budget: Village engineer - estima Chief of Police re dog complaints; recommend Village rate of 70 cents Director Klasinski - estimate $900 Subdivision. The following reports were received as requested in the Public Hearing on the Led $74,000 for bicycle path along Lake -Cook Road; Village treasurer - Highland Park water rates, per 100 cu. ft. effective May 1; Public Works each for street light renovation in Briarwoods The manager said it was proposed to move the street lights to the corners 129 in Briarwoods Subdivision. Trustee Marty proposed delaying any renovation of street lights in Briarwoods Subdivision and the Board concurred. Discussion was had:on dog complaints and. employment of..the animal °warden. The President proposed'.the matter be.-left as it is at presb�nt': A request for a contribution of $1,500 having been received from Y.E.S. (Youth Employment Service), Trustee Blumenthal moved, seconded by Trustee Marty, that $1,500 be budgeted for Y.E.S. Motion.dailed, those voting Aye: None. Nays: All. On motion by Trustee Stiehr and seconded by Trustee Marty, the hearing on the Budget was adjourned at 8:25 p.m. Approve Consent Agenda The Consent Agenda, with two items deleted and three additions, was presented for consideration as follows:; CONSENT AGENDA Appointments: Robert Rubin to Board of Building Appeals - 5 year term 00 Ruth Schiffels, Marc Dorenfeld and Susan Marty to the Sister co City Committee for indefinite terms. Ordinance amending Sections 2.102 and 2.105 of the Municipal Code: Creation of position of Deputy Chief of Police. (0- 77 -20) Ordinance amending Section 22.130 of the Municipal Code by adding Subsection (C); three hour parking limitation in Lots 1 and 4 between 8:00 a.m. and 6:00 p.m. except for employees of the Village, Library and Township. (0- 77 -21) Ordinance approving a Planned Development of Lot 56, Hovland Subdivision (Johnson) (0-77-2)) Trustee Marty moved, seconded by Trustee Seidman, that the Consent Agenda be approved, including passage of the three ordinances. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) The President signed the ordinances indicating his approval thereof. 1st Presentation - Ordinance The first presentation was made of an ordinance Granting Variations granting variations from the provisions of the 747 Central (Pederson) Zoning Ordinance to permit the construction of an office building in an area of less than five acres and the construction of a warehouse addition with a six inch side yard at 747 Central Avenue, as requested by Arnold Pederson Building Corporation. Trustee Blumenthal suggested that no further action be taken on the ordinance until the property is cleaned up and inoperable vehicles removed. The Board concurred. Resolution - Authorize Execution Trustee Marty moved. seconded by Trustee Gavin, D.O.T. Agreement- Maintenance that the following resolution be adopted: Waukegan Road N Limits to Walnut RESOLVED, that the President and Clerk be authorized to execute the Agreement with the Department of Transportation for the maintenance of Waukegan Road (Lincoln Avenue)from the North corporate limits to Walnut Street and the median from Lake -Cook Road to Walnut Street for the period July 1, 1977 to June 31, 1978 with extension to June 31, 1979, the Department to pay the Village a total sum of $11,432.74 for the twelve month period. Motion carried unanimously. BBA Report- Attorney to Prepare:' A report from the'Board of Building Appeals Ordinances -Adopt National Bldg. Code; recommended the adoption of the 1976 National Fire Prevention Code; Plumbing Code Building Code, the 1976 Fire Prevention Code, & Fire Limits the Illinois State Plumbing Code of 1976, and Fire District 1. designation of the Central Business District as Trustee Marty moved, seconded by Trustee Stiehr, that the attorney be directed to prepare the four ordinances as recommended by the Board of Building Appeals. Motion carried unanimously. 130 Authorize Ordinance -No Truck Traffic Except Waukegan and Lake - Cook Rds. & Except Local Pickup & Delivery A report from the Safety Council recom- mended that truck traffic be banned from local streets except Waukegan Road, a State highway, and Lake -Cook Road, and except from local pickups and deliveries. A substantial fine was recommended for violations as well as discussion with the Police Department on enforcement procedures. Chief Brandt said "truck" would have to be defined. Enforcement about one hour per day should be sufficient and would not require additional personnel. Safety Council Chairman said the ban should apply only to large trucks, defined by types of licenses, and while the ban will be applied to the whole Village, it was primarily meant to keep trucks off Deerfield Road. A large group was present to urge passage of an ordinance banning trucks. Several residents complained about the truck traffic on Deerfield Road which con- tinues through the night and disturbs sleep. Trucks too large to use the railroad underpass use the narrow residential streets nearby, causing damage to curbs and parkways. The moving vans from Waverly Court are particular offenders. A resident stated word would soon get around among truckers that the Village does not allow trucks on Deerfield Road and other local streets except for pickups and deliveries. Discussion was had on noise and air pollution caused by trucks and the hazard to children and adults who ride bicycles in the streets. Trustee Seidman moved, seconded by Trustee Marty, that the attorney be directed to prepare an ordinance banning trucks from Deerfield Road and other side streets, with a minimum fine of $50.00 for violations. Trustee Blumenthal suggested that trucks making local deliveries should use Lake -Cook and Waukegan Road as much as possible and take the shortest route between two places. He also said something should be done about the Osterman railroad crossing. A resident said nothing much could be done about the crossing unless the streets are raised, which would cause drainage problems. He suggested the timbers be kept tied down and a timber pedestrian walk be provided. Mr. Stucko said he would check with the prosecuting attorney regarding the setting of a minimum fine. The motion to prepare the ordinance carried unanimously. The ordinance will be on the Agenda for the May 2nd meeting. The meeting was recessed at 9:20 p.m. and reconvened at 9:30 p.m., all members present. S.C. Report -No Right Turn A report from the Safety Council recom- On Red -SW Corner Petersen & mended that no right turns on red be Deerfield,NE Corner Hoffman permitted at the Southwest corner of & Deerfield - Authorize Ordinance Petersen Lane and Deerfield Road, and at the Northeast corner of Hoffman Lane and Deerfield Road, and appropriate signs be installed. Trustee Stiehr moved, seconded by Trustee Marty, that the attorney prepare the ordinance in accordance with the recommendation of the Safety Council Motion carried unanimously. S.C. Report -Stop Sign SW Corner Village Hall Driveway Authorize Ordinance the point. The Council also asked ment check into the feasibility of westermost part of the parking lot A report from the Safety Council recom- mended that a stop sign be installed on Village Hall Drive at the Southwest corner of the Village Hall stopping traffic at that the manager to have the Public Works Depart - placing a stop sign or other control sign at the where southbound traffic meets Village Hall Drive. Trustee Marty moved, seconded by Trustee Stiehr, that the attorney prepare the enabling ordinance for a stop sign at theSouthwest corner of the Village Hall to stop westbound traffic. Motion carried unanimously. Report -Ad Hoc Bicycle Path Committee The Chairman of the Ad Hoc Bicycle Path Committee introduced the members of the Committee who were commended by the President for the excellent report President Forrest said the Board was ready to begin to tackle the problems 131 of bicycle safety and suggested the first step should be the ramping of sidewalks at Deerfield and Waukegan Road. He asked the manager to develop costs for the project, and proposed a meeting in the next 30 days. difficult to provide asked allpwtee Blumenthal stated the funding of bicycle paths was aiia-&�-a-- ff4>bI-em and sm- gg-e�-ed a tax on bikes. The Chairman of the Committee said bicycle licenses are long term, and in other communities licensees make no contribution for bike paths. Trustee Marty said the Lake -Cook Road bike path was estimated to cost $75,000, and o �t President Forrest asked the manager to send a letter to Northbrook Court asking for a contribution for the construction of the path. Trustee Seidman stated a safe bike path rt must be provided on Waukegan Road. M The President said more bike racks are needed, particularly at Deerbrook and N the station, and pointed out that the brick work at the station is buckling. Trustee Stiehr suggested the baggage room at the station be used for bikes and that Mr. Joseph Valenti be asked to ramp between Lake -Cook Plaza and Deerbrook. The manager was asked to get information on who owns the railroad station to determine whether the baggage room can be used for bikes. lst Presentation - Ordinance Lot Depth Variation 1521 Central having an average depth of 96 feet in lieu The first presentation was made of an ordinance granting a variation from the Subdivision Code to permit the resubdivision of Lot 53, Deer- field Park Unit 4, into two lots, Lot 2 of the 110 feet required by ordinance. Mr. and Mrs. Jay Contorer spoke at length on why the variation should be granted and the resubdivision approved. Mr. Contorer said no facts have changed, but a letter to the Board from the original owner was something new and repeated the same arguments opposing the resubdivision. His property is zoning R -2 and is outside the 200 foot buffer of R -1 zoning. Mrs. Rosemary Sazonoff, 1531 Central Avenue, presented petitions opposing the resubdivision signed by owners of property outside the.250 feet wherein notice of the resubdivision is required. Mrs. Contorer said she was favorably impressed by the fairness and objectivity of the Board. She said that, although Mr. George Filipetti, the original owner, may have signed the letter addressed to the Board and opposing the proposed resubdivision, the type in the letter was identical with the type in the petitions presented by Mrs. Sazonoff. She said she did not know where Mr. Filipetti lived. Mrs. Sazonoff stated that Mr. Filipetti lives at the Marina Towers, Chicago; he had dictated the letter to her which she had then typed, and it was taken to Chicago by a neighbor who saw Mr. Filipetti sign it. Mrs. Willard Loarie said a very important question was involved - whether a variation should be granted to permit subdivision of a.lot with a side lot line.of 79 plus feet and the rest of the block is zoned R -1, a minimum frontage of 100 feet and 20,000 sq. ft. in area. She said the Plan Commission may recommend variations of up to 10 per cent and this is a 13 to 14 per cent variation, and many R -2 zoned lots in the immediate vicinity exceed 10,000 sq. ft. in area. Mr. Contorer said it is an irregular shaped lot and while one lot line is only 79.79 feet the other is more than 123 feet in depth. Mr. Stucko pointed out that this is a variation from the Subdivision Code, not the Zoning Ordinance. Trustee Seidman stated the Notice of Public Hearing published by the Planning Aide said no variations were necessary, and quite a few variations had been granted. The clerk stated that no variations had been requested or granted when the subdivision was originally platted. Trustee Seidman moved that the rules be waived to permit action on the ordinance at its first presentation. There being no second, the matter will be on the agenda for the next meeting. Discussion -No Parking E Side of Waukegan -On Next Agenda east side of Waukegan Road which the left. Fortunately there was Road is really only one lane bec Trustee Seidman stated that recently a local motorist proceeding north on Waukegan Road had a near - accident.due to cars parked on the forced cars, including a road grader, to move over to no oncoming traffic. He said the east side of Waukegan use of the parking. The President stated the matter would be on the agenda for the next meeting. 132 Approve Agreement -RR & Village The Agreement was presented between the Authorize Signatures Chicago, Milwaukee, St. Paul and Pacific Railroad Company and the Village of Deerfield to permit the Village to level, sod, plant shrubbery and mow that portion of the railroad property between the former Telegraph Road crossing and the Village garage, to be executed by the President and member of the Board. Trustee Marty moved, seconded by Trustee Swanson, that the Agreement be approved and the President and a member of the Board authorized to sign the Agree- ment on behalf of the Village. Motion carried unanimously. Ordinance Adopting Budget The ordinance approving and adopting an (0- 77 -23) annual Budget for the year clay 1, 1977 to April 30, 1978, as revised, was presented. Trustee Gavin moved, seconded by Trustee Marty, 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 amended by obligation of Revenue Sharing Funds. 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. Ordinance- Manager's Salary $35000 (0- 77 -24) The ordinance was presented establishing a salary of $35,000 for the manager, effective May 1, 1977 through April 30, 1978. Trustee Seidman moved, seconded by Trustee Marty, 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 Blumenthal, that the said ordinance be passed as presented. 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. Ordinance Amending Wage & The ordinance was presented amending the Salary Plan- Schedule of wage and salary plan and establishing the Compensation Attached compensation of officers and employees for (0- 77 -25) the fiscal year May 1, 1977 through April 3D, 1978, with the Salary Schedule attached. Trustee Blumenthal moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried un- animously. Trustee Blumenthal then moved, seconded by Trustee Marty, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) Ordinance -Mun. Code Amend. The ordinance was presented amending Sec. 23 -18 -Water Rate Section 23 -18 of the Municipal Code by 70G per 100 Cu. Ft. striking the fifth line thereof in its (0- 77 -26) entirety and substituting in lieu thereof the water rate of $0.70 per 100 cubic feet. Trustee Blumenthal moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried un- animously, Trustee Blumenthal then moved, seconded by Trustee Gavin, that the ordinance be passed as presented. 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. [1 133 Accept Bid Charles Klehm & Son A report from the Director of Public Works 50/50 Parkway Trees recommended acceptance of the low bid of $32.75 per tree if picked up and $34.75 if delivered submitted by Charles Klehm & Son for the 50 /50.parkway tree program. Trustee Blumenthal said he had personally disappointed with the trees supplied by Mr. Klehm. Trustee Marty moved, seconded by Trustee Seidman, that the low bid of Charles Klehm & Son be accepted for the 50/50 parkway tree program. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: Blumenthal (1) Accept Bid Fowler Tree Surgery A report from the Director of Public Works Diseased Elm Tree & Stump Removal recommended acceptance of the low bid submitted by Fowler Tree Surgery for removal of diseased elm trees at an estimated cost of $7,571.80 and an estimated cost of $1,081.20 for stump removal. Trustee Seidman moved, seconded by Trustee Blumenthal, that the low bid submitted UJ by Fowler Tree Surgery be accepted for removal and disposal of diseased elm trees and CO stumps. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) Accept Bid Schroeder & Schroeder A report from the Village engineer reported that 50/50 & Safety Sidewalks -$1.60 sq /ft. two contractors, both qualified)'submitted identical bids of $1.60 per sq. ft. for the construction of 50/50 and safety sidewalk projects. The two contractors are Schroeder & Schroeder and Franzese Construction Co. Based on the firm's excellent cooperation, he recommended acceptance of the bid of Schroeder & Schroeder at the bid price of $1.60 per sq. ft. Trustee Seidman moved, seconded by Trustee Marty, that the bid of $1.60 per sq. ft. submitted by Schroeder & Schroeder be accepted for sidewalk construction. Mr. Franzese said that three years ago there was a problem with late billing, but his bid had been accepted two year ago, and his bid last year reflected a lot of work. Acceptance of- -3the bid of Schroeder & Schroeder was adopted by the following vote: Ayes: Blumenthal Gavin, Seidman, Stiehr, Swanson (5) Nays: Marty (1) Clerk's Reports The clerk reported that the Cook County Zoning Board of Appeals had recommended denial of the petition to rezone property at Lake -Cook and Sanders Road for business. The Zoning Board's recommendation is usually upheld by the Board of Commissioners of Cook County. The clerk said many ordinances have been passed amending the Municipal Code and asked when the Code would be updated. Mr. Stucko said he has been getting bids and will report at the next meeting. Re: Restaurant Liquor License The President reported that a letter had been Cork N Cleaver- Authorize received from the attorney for Chart House, Inc. Amendment regarding the development of a site in Lake -Cook Plaza for a restaurant with a liquor license. In order to insure against policy changes by a future Board, he suggested that the liquor control ordinance be amended to prohibit liquor sales in a restaurant except when meals are "available" rather than except when meals are "served ". Trustee Marty said the present ordinance is not enforceable, but Trustee Seidman said an amendment would mean that the restaurant could be used as a bar if the service of food is not required, and this should not be allowed. Trustee Blumenthal stated that some States, including New York, require the operation of a restaurant for one year before a liquor license can be issued. Trustee Marty moved, seconded by Trustee Gavin, that the attorney prepare an ordinance amending requirements for issuance of a Class E restaurant liquor license to provide that liquor sales in a restaurant are prohibited except when meals are "available ", not "served ". Motion carried, Trustee Seidman voting Nay. 134 The Safety Council's recommendation on Signage will be taken up at a workshop meeting. Trustee Seidman suggested that Safety Council meetings be recorded. Ms. Barbara Ruffino stated the Village has a tape recorder, but the tapes are not saved. Mr. Franzese stated he had attended the meeting when the two identical bids were opened (Schroeder and Schroeder and Franzese Construction) and he had been told by the Village engineer that he would recommend both low bidders, and the decision would be left to the Board. The President said the recommendation to accept the bid submitted by Schroeder and Schroeder had been signed by Mr. Soyka, but he would talk to him about Mr. Franzese's statement. Approve Safety Pin Program Safety Council Chairman Jerold Heisler said the cost for the design of the "Safety Pins" would be $85.00, and the price for 250 pins would be 90 cents per pin. The Kiwanis will donate $100 toward the program. He said he would like to go ahead and implement the program. Trustee Marty moved, seconded by Trustee Seidman, that the Safety Pin: program be authorized. Motion carried unanimously. Trustee Stiehr moved, seconded by Trustee Marty, that the Board authorize the ordering of Safety Pins. Motion carried unanimously. Amend Salary Schedule Trustee Stiehr said a salary had not been Deputy Chief of Police provided in the Salary Schdd.Ue for the $100 per Month + Base Salary Deputy Chief of Police. He then moved, seconded by Trustee Swanson, that the Salary Schedule be amended by adding $100.00 per month to the base salary of the Deputy Chief of Police. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) There being no further business, on motion by Trustee Stiehr and seconded by Trustee Seidman, the meeting was add burned at 11:00 p.m. APPROVED: Pres dent ATTEST: Village Clerk