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05/16/1977142 The regular meeting of Deerfield was called to order Hall on Monday, May 16, 1977 that the following were May 16, 1977 the President and Board of Trustees of the Village of by the President in the Council Chambers of the Village at 8:05 p.m. The clerk called the roll and reported Present: Bernard Forrest, President D. Jeffrey Blumenthal Norma Gavin Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson and that a quorum was present and in attendance to 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 May 2, 1977 be approved as corrected. (Page 137 - Student Govern- ment Day May 4th; Page 139 - Summers Restrictive Covenant received.) Motion carried unanimously. Approve Warrant No. W -77 -5 Trustee Seidman moved, seconded by Trustee Heisler, that Warrant No. W -77 -5 - Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Finance Director Report The Finance Director submitted a report Departmental Objectives on departmental objectives. He said in- surance costs have increased substantially. The 1976 -77 cost of the $5,000,000 umbrella policy was approximately $5,000. This year the premium has been increased to $18,000. The Village is probably too small to self- insure. The President stated the Finance Committee should review costs in detail. The sewer charge study will probably cost about $5,000 but the Village will be paid $15,000 from Grant Funds for this work, No serious problems have developed in the computer schedule. Approve Consent Agenda The Consent Agenda, with four items deleted, was presented for consideration as follows: Proclamation - Senior Citizens Recognition Day, August 31, 1977. 1st Presentation: Ordinance amending Budget re: Anti- Recession Funds to Street Department. Trustee Marty moved, seconded by Trustee Seidman, that the Consent Agenda be approved as presented. Motion carried unanimously. Approve Agreement Sterling Trustee Seidman moved, seconded by Trustee Codifiers - $675 Gavin, that the Agreement with Sterling Codifiers be approved and execution thereof authorized. Sterling Codifiers will furnish 100 copies of all amendments to the Municipal Code of 1975 which were passed since April 1, 1976 through May 31, 1977 for an annual fee of $675. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Ordinance -Truck Traffic Restrictions Tabled to Next Meeting A lengthy discussion was had on the ordin- ance establishing :truck':tr.af €ic :r.egtr.i.tio.ns and prohibiting the operation of trucks in excess of pounds or License Class D on any street with the exception of Waukegan Road and Lake -Cook Road and except those trucks making local deliveries or pickups. Mr. Ray Bronikowski, 740 Chestnut, stated he had checked with Montgomery Ward, Jewel, DiPietro Plumbing, Deerfield Electric, Deerfield Paint and Glass, Blossom Shop and Fragassi TV and Appliances, none of whom objected to the restric- tion of truck traffic to Waukegan and Lake -Cook Roads. It was his opinion that the - objection of Mr. Dan Christensen of Courtleys was exaggerated. He urged the Board to take action on the ordinance tonight. I. 143 A resident of Highland Park stated there are more than three businesses that use Deerfield Road to get to the Tollway. It was pointed out that Deerfield Road provides only a southbound entrance and northbound exit from the Tollway, whereas there is a full interchange at Half Day Road. Mr. David Arnold, 856 Osterman, said perhaps the ordinance was too strict in requiring a trucker with a series of stops to go back to a street where trucks are permitted. He also said it might be permissible for a Highland Park trucker to use East Deerfield Road which is a 4 -lane street. He said the Osterman Avenue railroad crossing was a serious hazard due to the grade, and the narrow streets were damaged by trucks using these streets as a bypass to avoid the height limitation on the rail- road underpass. He commented that if there are added costs due to truck traffic restrictions, the residents of Deerfield will have to pay them or pay for new streets. Mr. Luther Modlin, 1007 Deerfield Road, stated he had talked to a trucker executive who said drivers are paid by the trip or mileage, or a combination of the two. He said the Teamsters' Union would not object and the Board need not worry about truckers. Mr. David Ehlert, 425 Deerfield Road, suggested opening up the fencing behind .,the Village Market so deliveries can be made to Courtleys and other stores in the 00 "northeast quadrant. He saw no major obstacle to restricting trucks to Waukegan and Co 'Lake -Cook Road except for local deliveries. W The President said the Chamber of Commerce had asked for a workshop meeting, U Trustee Seidman stated there has been no attempt by members of the Chamber of Commerce to attend a meeting. He saw no necessity for East- Westtjrt�ra fic on Deerfield oRoad, and cited several municipalities where streets are restricted for truck traffic. w U Q Trustee Marty moved, seconded by Trustee Gavin, that the ordinance be tabled until the next meeting. Motion carried, Trustee Seidman voting "Nay ". The President said a workshop meeting would be held on truck traffic restrictions. Mr. Bronikowski asked that people living on Deerfield Road, Chestnut and Osterman Avenues, and other interested citizens be notified of the date and time of the workshop meeting. Several additional residents expressed the need for truck traffic restrictions. Mrs. Ehlert,-425 Deerfield Road, complained about the speed of trucks on Deerfield Road. She would like to see the Police at the next meeting. Also requested was enforcement of the 12 ft. height limitation on Deerfield Road. President Forrest said he will let people know when the workshop meeting will be held, The matter will be on the Agenda for the June 6th regular meeting. Ordinance -Mun. Code Amend. Sec. 22.164 Stop Sign Village Hall Drive at Petersen (0- 77 -33) Adopted by the following vote: Trustee Seidman moved, seconded by Trustee Heisler, that the ordinance be passed amending Section 22.164 of the Municipal Code of 1975 by adding to the list of designated stop street Village Hall Drive (Westbound) at Petersen Lane. Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. lst Presentation -Sale of Food on Street - Special License for Local Organization Pro clamation- :Reed= Sr."Gitizens' Recognition Day,..Aug. 31 on the Proclamation will be given The first presentation was made of an ordinance to permit the sale of food on streets once annually by a local not - for - profit entity. At Trustee Swanson's.suggestioa, the:President read the Proclamation designating August 31, 1977 as Senior Citizens' Recognition Day. Publicity in August, 1977. Report- Feature Stripes A report from the Chief of Police stated that on Squad Cars Sunnyday Chevrolet estimated the cost of painting a six inch feature stripe on one squad car at $110, but would paint stripes on six cars for $90 each, a total of $540. The cost of Scotchlite tape from the 3M Company is $204.60 for six cars, plus the cost of appli- cation. The tape cannot be removed without injury to the paint, thus reducing the resale value of the cars. President Forrest stated he personally was opposed to the striping. 144 BZA Report -Side Yard Variation A report was received from the Board of Audo - 341 Pine Zoning Appeals on the petition of Mr. Authorize Ordinance James Audo, 341 Pine Street, for a varia- tion to permit the construction of an addition to within five feet of the side property line. The proposed addition will convert the one -car garage to a two-car garage and enlarge the den. The motion that the Board of Zoning Appeals recommend that a variation be granted to permit a sideyard of 6 feet resulted in a tie vote, two members voting "Aye ", and two "Nays ". Trustee Marty moved, seconded by Trustee Gavin, that the attorney prepare an ordinance granting a variation to permit the construction of an addition at 341 Pine with a sideyard of six feet in lieu of the eight feet required by the Zoning Ordin- ance. Discussion was had on the distance between houses or garages, Mr. Audo's letter and drawings not having been included with the report. Mr. Audo presented a copy of his letter and drawings to the Board. Mr. Robert Schlossberg, a member of the Board of Zoning Appeals, stated he was opposed to the variation, and it would be difficult to deny any other variation where hardship was not shown. He was told the Plan Commission was considering a change in the Zoning Ordinance so that no variation would be required under certain conditions. There was no input from nearby property owners, and one neighbor said he had no objection. The six foot sideyard mentioned in the motion was given because Mr. Audo could get by with this variation. Mr. Audo stated there was still ample space in sideyards between houses and there would have been no problem had his house been placed differently on the lot. With regard to space between houses he said space looks tight with cars parked in the driveway as at present. The motion to prepare the ordnance granting the variation carried, Trustees Seidman and Swanson voting "Nay ". BZA Report -Rear Yard Variation A report from the Board of Zoning Appeals Jennings - 440 Willow recommended that a variation be granted Authorize Ordinance to permit construction of an addition to the residence at 440 Willow with a rear yard of 20 feet in lieu of the 25 feet required by ordinance, and an existing side - yard of 7.2 feet as requested by Mr. David Jennings. Due to the unusual shape of the lot the house is set back 60 to 70 feet in order to maintain a lot width of 75 feet at the building line as required by the Zoning ordinance. Mr. Jennings stated the hardship was created by the shape of the lot and there was no other place to put the addition which is needed because his father will live with them. The sideyard variation will legalize the existing non -con- forming use. His closest neighbor is approximately 100 yards from the proposed addition. Trustee Seidman moved, seconded by Trustee Heisler, that the attorney prepare the ordinance granting the petitioned variations. Motion carried unanimously. Mr. Jennings asked that the ordinance be passed at its first presentation since he wants to proceed with construction as soon as possible. P.C. Report- Baumann & Wade A report from the Plan Commission, dated Sub. Approve Preliminary February 18, 1977, recommended approval of & Final Plat the preliminary plat of the Baumann & Wade Subdivision, subject to the requirement that any present or future owners move any existing drainage ditch or ditches, if neces- sary, to an area consisting of 10 feet along the line or lines of any lot or lots upon which any such drainage ditch now exists. The Chairman of the Plan Commission signed the final plat on April 28, 1977. The subdivision consists of four lots on Lake Eleanor Drive at Wilmot Road and no variations are required. All lots exceed the 20,000 sq. ft. minimum area not including the drainage easement. The clerk stated she had checked the plat on Friday, and has assumed the corrections have been made. The surveyor must.request,a report of flood hazard potential from the Department of Transportation, Department of Natural Resources, and Mr. Baumann, who is anxious to have the subdivision recorded as soon as possible, assured her this would be done the next day. 145 Trustee Marty moved, seconded by Trustee Blumenthal, that the preliminary and final plats of the Baumann and Wade Subdivision be approved, and the President and clerk be authorized to sign the final plat subject to receipt of the request of the surveyor for a flood hazard report. Motion carried unanimously. The meeting was recessed at 9:30 p.m. and reconvened at 9:40 p.m., all members present. Ordinance -Tax for Sidewalk The ordinance was presented providing for the Replacement -W Side of Pine replacement of the sidewalk between the lot lines (0- 77 -34) of Lot 62, Third Addition to Deerfield Park, Unit 1, in accordance with the provisions of Article VI of Chapter 19 of the Municipal Code of 1975, entitled "Special Taxation for Sidewalk Construction and Repair" with plans and specifications attached. Trustee Marty moved, seconded by Trustee Gavin, 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 00 as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating approval thereof. 1st Presentation - Ordinance The first presentation was made of the ordinance Liquor License Where Food amending Section 3 -1 of the Municipal Code of Service Available 1975 by re- defining "Restaurant" and providing that no restaurant licensees shall sell alcoholic liquor except when full meal service is available, 50 percent of the premises available for public occupancy to be devoted primarily to the regular preparation and service of meals. Trustee Seidman said there would be difficulty in the enforcement of the modified ordinance. Trustee Swanson suggested that the percentage be increased if it can be shown that more than 50 per cent of the premises is open to the public for service of meals. Trustee Seidman moved, seconded by Trustee Blumenthal, that the matter be tabled until the next meeting and the percentage of the area available for public occupancy be checked. f' L. Motion carried unanimously. 1st Presentation - Ordinance Liquor License for Recreational Facility - Class G License devoted primarily to the recreat which shall authorize the retail by customers of the recreational determined before passage of the Discontinue N.S. Disposal License - Issue License to City Waste Systems The first presentation was made of an ordinance amending Section 3 -1 of the Municipal Code of 1975 by adding a definition of "Recreational Facility ", not less than per cent of the ional facility, and Section 3 -8 adding a Class G license sale of alcoholic liquor for consumption on the premises facility. The percentage used for recreation must be ordinance. and that a license be issued to City of Illinois. The company has complie dA letter was received from City Waster Systems requesting that the commercial scavenger license issued to North Shore Disposal, a division of Waste Management of Illinois, be discontinued, Waste Systems, also a division of Waste Management with all ordinance provisions. Trustee Marty moved, seconded by Trustee Heisler, that the license of North Shore Disposal be discontinued, and a commercial scavenger license be issued to City Waste Systems. Motion carried, Trustee Seidman voting "Nay ". Not Join in NIMLO Lawsuit Discussion was had on the letter from the National participation challenge to The Village's Institute of Municipal Law Officers requesting in the litigation to be filed by NIMLO by May 15,:.1977 for a Cortitutional the Federal Unemployment Compensation Taxes on Cities, Counties and States. contribution.to the Litigatiun Trust Fund would be $2,500. 146 Trustee Seidman moved, seconded by Trustee Blumenthal, that the Village join in the NIMLO lawsuit and contribute $2,500 to the to the Litigation Trust Fund. the motion failed by the following vote: Ayes: Blumenthal, Marty (2) Nays: Gavin, Heisler, Seidman, Swanson (4) Clerk's Reports The clerk reported that Notice has been received from the Lake County Clerk that Paul E. Hamer has filed an objection to the 1975 Village tax levy. The ordinance passed April 18, 1977 (0- 77 -21) limited parking to three hours between 8 a.m. and 6 p.m. daily in the Village.and.the Library parking lots. She suggested that the Board consider removal of the parking limitation on Saturdays and Sundays when the lots would not be used by commuters. Regarding the word "structions" as set forth in Ordinance No. 0 -77 -28 adopting by reference the Suburban Building Code and.the National Building Code, Mr. Stucko said the word should be "structures ". Correction will be made before ordinances are sent to Sterling Codifiers for the update of the Code. No copy of the revised Budget has been received although the Ordinance approving and adopting the Budget was passed April 18, 1977. The manager said the Budget was being re -typed and a copy would be available shortly. Authorize Ordinance -3 Hr. Parking Trustee Seidman moved, seconded by Trustee Limitation Except Sat., Sun. & Blumenthal, that the attorney prepare an Village Holidays ordinance to exclude the three hour parking limitation in the Village Hall and Library parking lots on Saturdays, Sundays, and Village holidays. Motion carried unanimously. Reports (Corrected 6/4/77 Trustee Blumenthal stated that dogs are not permitted to deposit dung on property other than that of the owner. The manager said letters are sent to the owner of the dog when complaints are received. The animal warden is Joe Venturi, who does an excellent job. Trustee Blumenthal.also stated that trash should be placed at the curb the night before it is picked up by the scavenger, and there has been some abuse of the regulation. Trustee Seidman suggested that the Police Department enforce the ordinances, seizing the dog if necessary. Trustee Heisler said neighbors hesitate to call the police on dog complaints and the police should enforce the ordinance instead of ignoring violations. He said a resident of King Richard's Court had complained that the street is used as a parking lot. Authorize Ordinance Method of Lot Measuring an ordinance amending the Subdivision Code measuring. In order to clarify the method of measuring lot depth, Trustee Seidman moved, seconded by Trustee Marty, that the attorney prepare by setting forth the standard method for Motion carried, Trustees Gavin and Swanson voting Nay. The manager said the acquisition of a tract 33' by 144' for Hackberry Road right -of -way for access to the sewage treatment plant should be discussed. The Govern- ment grant will pay for construction of the street, the Village to pay for the land. The President said the matter should be discussed with the attorney. The manager reported there had been a fire on Park Avenue north of Hazel, and the Fire Chief said the Department could not respond quickly due to the cars parked on the east side of the street. After talking to the Fire Chief and residents, he proposed that parking be permitted only on the west side of the street, Trustee Seidman suggested that Park Avenue be made a one -way street going north. Trustee Heisler stated the residents did not want a one -way street, and suggested the matter be sent to the Safety Council. The ordinance prohibiting parking on Park Avenue, Springfield Avenue, and Fair Oaks Avenue between 10 a.m. and noon will be considered within 60 days, and the matter will be discussed at that time. There being no further business, on motion by Trustee Seidman and seconded by Trustee Swanson, the meeting was adjourned at 10:30 p.m. Attest: Village Clerk APPROVED. President