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09/19/1977 (2)1.78 September 19, 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, September 19, 1977 at 8:05 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President D. Jeffrey Blumenthal Norma Gavin Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swansoq 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 Gavin moved, seconded by Trustee Swanson, that the minutes of the regular meeting held September 6, 1977 be approved as corrected. (Page 174, line 52 - add "except new bikes ";Page 176, line 28 - add "and the matter be referred to the Safety Council for a recommendation "). Motion carried unanimously. Approve Warrant No. W -77 -9 Trustee Blumenthal moved, seconded by Trustee Marty, that Warrant No. W -77 -9 - 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) Treasurer's Report The treasurer's report, dated August 31, 1977, was received and included cash and investment statements, detail expenditures by activity, revenue and expense statement, high- light control report, and cash flow statements. Indian Clark Placque Presented On behalf of the Community Conservation Council of Deerfield, Mrs. Barbara Abrahamson presented a bronze placque to the President to be affixed to the granite stone at the grave of John "Indian" Clark and his wife. Ordinance -Mun. Code Amend. The ordinance was presented amending Section Sec. 19- 23.Compensation for 19 -23 of the Municipal Code by providing for Vacating St. or Alley compensation for the vacation of a street or (0- 77 -56) alley in an amount equal to the benefits which will accrue to the land owner by reason of said vacation. 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 Marty moved, seconded by Trustee Gavin, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler. Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Delay Consideration Bike Chief of Police Brandt asked that considera- Ordinance to Next Meeting tion of the ordinance on bicycle requirements be delayed until the next meeting. A repre- sentative of the Safety Council will be present at the next meeting. 1st Presentation - Ordinances Two ordinances were presented providing for Vacating Part of Journal Ct. the vacation of parts of Journal Court, pay- ment of compensation to the determined by the Board of such vacations, and restrictive covenants to permit public access on those vacated parts of Journal Court and maintenance by the owners. The parts 179 of Journal Court to be vacated are at the rear of 932 -940 Waukegan Road and 941 -948 Waukegan Road. Trustee Seidman moved, seconded by Trustee Blumenthal, that the ordinances and covenants be tabled until both parties, Cousins Investment Co. and Lillian Grimshaw are in agreement with regard to the restrictive covenants and the assessment of fees to be paid for the vacations. The motion failed by the following vote: Ayes: Blumenthal, Seidman (2) Nays: Gavin, Heisler, Marty, Swanson (4) Trustee Marty moved, seconded by Trustee Gavin, that this stand as the first presentation of the two ordinances, copies of the ordinances and restrictive convenants be sent to each party, and a price be established for the vacated parts of Journal Court. Motion carried, Trustee Seidman voting Nay. In response to a question from Mrs. Willard Loarie, Oxford Road, the President said the Board will appraise the property, since they know the approximate value. The President signed the Resolution, to be certified by the clerk. Chief Brandt's Report Chief of Police Brandt reported there has been no Truck Ban Enforcement difficulty in enforcing the truck ban ordinance although some truckers say they have not seen the signs. Many truckers who have been issued tickets post a cash bond and do not appear for a hearing by the Court. In such cases the bond is forfeited. Since the passage of the ordinance there has been a marked reduction in the number of trucks. The manager said a larger sign at the east boundary would be helpful and the number of signs seem to be sufficient. He said there has been a problem with the signs at the Waukegan - Deerfield Road intersection at Ford's Pharmacy. A red border on signs was suggested. Mrs. Willard Loarie asked that the Police Department check Wilmot Road trucks early in the morning and at night. She pointed out the Volkswagen company is not a local delivery. P.C. Report - Copeland - Gehrke Resub. A report from the Plan Commission recommended approval Approve Preliminary Plat of the Copeland - Gehrke Resubdivision on North Waukegan Road between Hunter Court and South North - woods Drive into two lots with a dedication of seventeen feet for additional Waukegan Road right -of -way. Both lots exceed the requirements for the R -1 Single - Family Residence District. Trustee Seidman moved, seconded by Trustee Marty, that the Plan Commission's recommendation be accepted and the preliminary plat of the Copeland- Gehrke Resubdivision be approved. Motion carried unanimously. Ordinance - Zoning Amendment Trustee Marty moved, seconded by Trustee Gavin, that Hearing Fees $125 the ordinance be passed amending the Zoning Ordinance (0- 77 -57) by establishing a fee of $125 for hearings on an application for a variation, an appeal from a decisior, of the Zoning Enforcement Officer involving an interpretation of the Zoning Officer, an application to amend the Zoning Ordinance, or an application for a Special Use Permit. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Resolution Authorizing President Trustee Swanson moved, seconded by Trustee Heisler, 00 to Sign Agreement, Phase II that a Resolution be adopted approving and author - Commuter Parking izing the signature of the President to the Capital Grant Agreement for Phase II of the Commuter Parking Program of the Village of Deerfield. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the Resolution, to be certified by the clerk. Chief Brandt's Report Chief of Police Brandt reported there has been no Truck Ban Enforcement difficulty in enforcing the truck ban ordinance although some truckers say they have not seen the signs. Many truckers who have been issued tickets post a cash bond and do not appear for a hearing by the Court. In such cases the bond is forfeited. Since the passage of the ordinance there has been a marked reduction in the number of trucks. The manager said a larger sign at the east boundary would be helpful and the number of signs seem to be sufficient. He said there has been a problem with the signs at the Waukegan - Deerfield Road intersection at Ford's Pharmacy. A red border on signs was suggested. Mrs. Willard Loarie asked that the Police Department check Wilmot Road trucks early in the morning and at night. She pointed out the Volkswagen company is not a local delivery. P.C. Report - Copeland - Gehrke Resub. A report from the Plan Commission recommended approval Approve Preliminary Plat of the Copeland - Gehrke Resubdivision on North Waukegan Road between Hunter Court and South North - woods Drive into two lots with a dedication of seventeen feet for additional Waukegan Road right -of -way. Both lots exceed the requirements for the R -1 Single - Family Residence District. Trustee Seidman moved, seconded by Trustee Marty, that the Plan Commission's recommendation be accepted and the preliminary plat of the Copeland- Gehrke Resubdivision be approved. Motion carried unanimously. Ordinance - Zoning Amendment Trustee Marty moved, seconded by Trustee Gavin, that Hearing Fees $125 the ordinance be passed amending the Zoning Ordinance (0- 77 -57) by establishing a fee of $125 for hearings on an application for a variation, an appeal from a decisior, of the Zoning Enforcement Officer involving an interpretation of the Zoning Officer, an application to amend the Zoning Ordinance, or an application for a Special Use Permit. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. :i Ordinance Approving "Planned Development�Lots -108.& 109. Hovland Subdivision (Lipowich) (0- 7758) Trustee Seidman moved, seconded by Trustee Blumenthal, that the ordinance be passed approving the Planned Development of Lots 108 and 109, Hovland Subdivison, to be resub- divided into three lots, subject to the sub- mission of a final plat of resubdivision, compliance with all requirements of the Village Code, dedication of the rear 30 feet for a future street, and deposit suffi- cient funds or make other provisions to insure payment of the cost of the street improvements within the dedicated area. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Accept Phase I, Police Facility A letter from Mr. David Marks of Loebl, Add $8000 & $3200 EOC Schlossman & Hackl stated that the added costs to the Village to provide adequate protection in new construction to allow the Police Building Addition to qualify as an Emergency Operating Center would be approximately $8,000 for a poured concrete first floor slab and $3,200 for the added space for the emergency generator. These estimated costs are for modifications to the shell only with the Federal Government participating in the cost of all equipment. Some rooms would have to be rearranged to provide an office for the Emergency Coordinator, a storage room for E.O.C. equipment, and space for a future elevator and its equipment. Mr. Marks presented a sketch of the Police Building with the added space. Discussion was had on the revised plans. Trustee Gavin moved, seconded by Trustee Marty, that the plans for Phase I of the Police Building Addition be accepted with $$,000 and $3,200 added for the poured concrete slab and generator space to allow the building to qualify as an Emergency Operating Center. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Ordinance Mun. Code Amend. Sec. 22.163 & 22.164 Add Yield & Stop Sts. Delete Stop Sts. (0- 77 -59) The ordinance was presented amending Section 22.163 of the Municipal Code by adding certain Yield Right -of -Way Streets, and Section 22.164 by adding certain Stop Street Intersections and deleting certain other Stop Street Inter- sections. A petition was received signed by 51 residents of Warrington Road demanding that the stop signs at the Warrington- Margate intersection remain intact. Mrs. Sally Martin, spokesman for the residents, said these stop signs are needed for the safety of children; Warrington Road is a long, heavily travelled street and a break in traffic is needed. About 30 children must cross the street, including students from Kipling School. The stop signs had been removed at one time, but the residents had requested replacement. Trustee Heisler moved, seconded by Trustee Gavin, that Warrington Road at Margate Terrace (North and Southbound) be removed from the deletion of Stop Street Intersections. Motion carried unanimously. Trustee Blumenthal moved, seconded by Trustee Gavin, that the ordinance be passed with Warrington Road at Margate Terrace deleted. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Ordinance -Mun. Code Amend. Sec. 6 -38 et seq. Flood Plain Regulations (0- 77 -60) The clerk pointed numbered in conflict with Stucko said he would check Trustee Marty moved, seconded by Trustee Swanson, that the ordinance be passed amending Sections 6 -38 et seq. of the Muni- cipal Code to establish regulations for con- struction in the floodplain. out that some sections of the amending ordinance were Section 6 -45 et seq. relating to swimming pools. Mr. the numbering of these sections. The meeting was recessed at 9:00 p.m. and reconvened at 9:10 p.m., all members present. [i 181 Mr. Stucko said the section numbers were in error and he would have the ordinance re -typed to comply with the section numbers set forth in the Code. The ordinance passed by the following vote with sections renumbered: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Riverwoods Police Contract Chief Brandt reported that police service provided Extended to 12/31/77 to Riverwoods has been satisfactory. Riverwoods will try to pass a referendum to increase the tax rate, but, if passed, there will be no tax money until 1979. The Riverwoods Board would like to have the contract for police service extended to the end of the year. Trustee Marty moved, seconded by Trustee Gavin, that the Contract with Riverwoods for Police service be extended to December 31, 1977. Trustee Blumenthal said this was the last extension of the contract he would vote for; a decision must be made on next year's budget. Trustee Swanson stated the cost of equipment, employees and overhead must be ascertained before a contract is signed. The motion to extend the Contract to December 31, 1977 was adopted by the following, 00 vote: CO Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Approve $550 for Fence A petition was presented signed by 21 residents of Fairview at County Line Fairview Avenue and County Line Road requesting the Village to erect a six -foot stockade type fence across the cul -de -sac at Fairview and County Line. Trustee Marty moved, seconded by Trustee Heisler, that not to exceed $550 be allocated for the erection of a six -foot stockade fence at the Fairview cul -de -sac at County Line Road. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) P.C. Report -Sp. Use A report from the Plan Commission recommended that a Briarwoods School Special Use of the Briarwoods School be authorized Authorize Ordinance to permit a synagogue with accessory use for a religious school, and a day nursery and child care center, subject to restriction of the child care center to a maximum of 60 children total in attendance per day and improvement of the parking lot as required by the Zoning ordinance. A petition must be filed for an amendment to the Special Use if the number of children enrolled in the day care center is increased. The President of the Board of Education of School District No. 109 introduced members of the School Board, administrators, members of Moriah, and Mrs. Silver. who will be in charge of the day care center. He said the enrollment at Briarwoods School is declining, and if empty, the building would be subject to vandalism with a cost to the taxpayer. If the Special Use is authorized, the School Board will sign • lease with the Moriah synagogue with part of the building leased to Mrs. Silver for • day care center. Three residents attended the public hearing and expressed concern about traffic. The Special Use should provide for an enrollment of up to 100 children in the day care center for the project to be economically feasible. Discussion was had on traffic, services, the day care center and improvement of the parking lot. Mrs. Silver stated she hoped that some of the parents would help in the day care center and the center will be open from 7 to 7:30 a.m. to 6 p.m. No transportation will be provided for the children, but car pools will be encouraged. Trustee Heisler moved, seconded by Trustee Blumenthal, that the attorney be directed to prepare the ordinance authorizing the Special Use as recommended by the Plan Commission but a limit of 100 children in the day care center. Adopted by the following vote: Ayes: Blumenthal, Heisler, Marty, Swanson (4) Pass: Seidman (1) Abstaining: Gavin (1) Nays: None (0) Clerk's Reports The clerk reported she has not received the ordinance vacating the street south of 1035 Broadmoor which will become effective without thg President's signature, nor does she have a signed 182 copy of the Resolution directing the Milwaukee Road to repair the Osterman Avenue crossing. A certified copy must be sent by registered mail to the nearest agent. Appointments- Comprehensive The President proposed the appointment of Plan Review Committee the following to the Comprehensive Review Committee: Marvin Ehlers Brenda Segal Bernard Cohen Marjorie Kaul Trustee Seidman moved, seconded by Trustee Heisler, that these appoint- ments be approved. Motion carried unanimously. Approve Agreement - Alterations Trustee Marty moved, seconded by Trustee Gavin, Village Hall & Annex for that the Agreement be approved for federal Handicapped- Authorize funding for alterations to the Village Hall and Signature Annex to enable these buildings to be easily accessible to the handicapped, and the Presi- dent be authorize to sign the Agreement. Motion carred unanimously. Authorize Execution- Release The manager reported a check for $2,970.15 Re:Damages to Water Tank had been received from Wallace & Tiernan for damages to the water tank. The insurance company has requested that a release be signed before a check for $1,909.86 is issued for the remainder of the costs to the Village for repairs. The total cost was $4,880.01. Trustee Seidman moved, seconded by Trustee Gavin, that the President be authorized to sign the release. Motion carried unanimously. Request - $50000 for Sludge The manager reported that the sludge scraper Scraper Mechanism mechanism at the sewage treatment plant is badly worn. The mechanism at the primary tank must be replaced but has no connection with the construction at the plant and therefore the Federal Government will not participate in the cost. The cost of the scraper mechanism will be approximately $50,000. Trustee Marty moved, seconded by Trustee Seidman, that the Village be authorized to ask the Federal Government to include.$50,000 from contingency funds for replacement of the sludge scraper mechanism, the government to pay 75 per cent of the cost and the Village to pay 25 per cent. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) A letter was received from the Deerfield Senior Citizens thanking the Board for providing a bus for the Lake County Senior Citizen picnic. There being no further business, on motion by Trustee Marty and seconded by Trustee Blumenthal, the meeting was adjourned at 9:55 p.m. APPROVED: IL President ATTEST: Village Clerk