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06/05/19782 5,0 June 5, 1978 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the clerk, in the absence of the President, in the Council Chambers of the Village Hall on Monday, June 5, 1978 at 8:00 p.m. Theclerk then called the roll and reported the following were Pnesent: D. Jeffrey Blumenthal Norma Gavin Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson Absent: Bernard Forrest, President and that a quorum was present and in attendance at the meeting. Also present were Mr. James Stucko, representing the Village attorney, and Mrs. Marjorie Emery, assistant manager. Trustee Swanson moved, seconded by Trustee Blumenthal, that Trustee Seidman be appointed President pro tem. Motion carried unanimously. Trustee Gavin moved, seconded by Trustee Marty, that the minutes of the regular meeting held May 15, 1978 be approved as corrected. (Page 248, line 56 - add to the end of first sentence "by the manager "; Page 249, line 20 - Strike "Motion carried unanimously ", add "Motion failed "; line 21, add "Trustee Heisler moved, seconded by Trustee Marty, that a Resolution be prepared to state that parking on the east side of Chestnut is temporary. Motion carried unanimously." Motion carried unanimously. The President pro tem appointed Daniel H. Stiehr to the Board of Police Commissioners, to serve until 1980. Trustee Gavin moved, seconded by Trustee Marty, that the appointment be comfirmed. Motion carried unanimously. Bldg. & Zoning Report The report on Building, Zoning and Planning, dated June 1, 1978, was submitted by the Director of Building and Zoning. Mr. Smalley said the new Zoning Ordinance and map, passed April 17, 1978, has now been printed, and copies given to Board members. He said a seminar will be held at the University of Illinois on a proposed Energy Code and he would like to pursue the matter further with the idea of adoption by the Village of Deerfield. Proclamation -Sr. Citizens Day_ The.•Proclamation was read designating Wednesday, August 30, 1978 as Senior Citizens' Recognition Day. The Proclamation will be re -typed and signed by the President pro tem. Approve Consent Agenda The Consent Agenda, with one deletion, was presented for consideration as follows: CONSENT AGENDA First Presentation: Ordinance prohibiting parking on Forest Avenue from Hazel to Fair Oaks on both sides between 10:00 A.M. and 12:00 Noon. First Presentation: Ordinance prohibiting parking., west side of Chestnut Street from Greenwood Avenue to Telegraph Road. Authorize execution of Contract and Contract Bond for the 50/50 Sidewalk Program/ Resolution establishing Prevailing Wage Rates Trustee Marty moved. seconded by Trustee Gavin, that the Consent Agenda be adopted. Motion carried unanimously. Resolution - Temporary Parking The Resolution was presented to establish Chestnut - Greenwood to Telegraph angle parking along the east side of Chestnut Street from Greenwood Avenue to Telegraph Road as a temporary measure pending completion of the Phase II commuter parking lots and the Edens construction projects, and to provide that when the parking spaces are being used, the Safety Commission of the Village, the Police Department and the Deerfield - Bannockburn Fire Protection District shall be requested to examine the operation of said parking facilities and the impact on neighboring areas, and report their findings 251 to the Board. The Resolution was discussed and decision was made that Section Two of the Resolu- tion be changed to read "That at such times as a significant number of the .... ". Trustee Marty moved, seconded by Trustee Gavin,that the Resolution be adopted as corrected. Motion carried unanimously. P.C. Report Valenti Resub. A report from the Plan Commission recommended approval Approve Preliminary Plat of the preliminary plat of Valenti's Resubdivision of 16 lots and Outlots A and B at the southwest corner of Wilmot and Deerfield Roads, subject to the approval of the Village engineer of existing utilities, a binding agreement for the perpetual maintenance of the island property at the center of Marcie Court by the property owners adjacent thereto, and no access be permitted from Outlot A to Deerfield or Wilmot Road, or from Outlot B to Wilmot Road. Mr. Stucko, who had done some work for Mr. Valenti, did not participate in the consideration of the Valenti Resubdivision. 00 The Village engineer stated utilities were adequate to serve the area and that CO flooding in the area was due to the blockage of sewers by willow roots, and a root cutter has been ordered. Mr. Valenti will provide site retention of storm water,with an under- ground storm sewer and a beehive and water storage in backyards. Discussion was had on the Plan Commission's report and the potential resubdivision of Outlots A and B. Mrs. Lloyd Rudolph, Wilmot Road, stated there was no precedent for lots of less than 100 foot frontage and 20,000 square foot area along Wilmot Road. Mr. Charles Horn, Jr., on behalf of Mr. Gill, 720 Wilmot, stated a continuance had been requested until the second meeting in July, when Mr. Gill could be present. The President pro tem said the matter had been discussed with Mrs. Gill. Trustee Heisler moved, seconded by Trustee Swanson, that the Plan Commission's report be accepted and the preliminary plat be approved subject to the conditions set forth above. Motion carried unanimously. Approve Crossing Guard Deerspring at Village Expense -Park District Pay for Crossing Guard at Wilmot - Deerfield Until Need Determined the Park District, as stated in Mr Discussion was had on whether the Village or the Park District should pay for a crossing guard on Deerfield Road at the Deerspring pool. The crossing guard would be under the jurisdiction of the Police Department but a contribution can be required from Stucko's letter. Park Commissioner Trenchard stated there has always been excellent cooperation between the Village and Park District; the Park District has helped with snow removal. He said Park Districts do not get Revenue Sharing funds and have only the tax levy and fees to pay for Park District activities. He said the only one hurt would be the taxpayer if the Village does not provide crossing guards. Park Commissioner Marjorie Buxbaum stated the Park District could not absorb the cost. She said swimming was a good activity and the Village should make sure that pool users get across the street safely. She stated elimination of crossing guards was announced without consultation with the Park District and without the recommendation of the Safety Council. Safety Council Chairman John Blumberg said he felt there was no need for a crossing guard at the Deerfield - Wilmot intersection, traffic lights having been installed, but a crossing guard was needed at Deerspring. Trustee Marty moved, seconded by Trustee Heisler, that the Village fund a crossing guard on Deerfield Road at the Deerspring pool. Adopted by the following vote: Ayes: Heisler, Marty, Seidman, Swanson (4) Nays: Blumenthal, Gavin (2) It was suggested that the Safety Council check the Deerfield - Wilmot intersection to determine whether a crossing guard is needed at this location. Mr. Trenchard thanked the Board for reconsidering the crossing guard matter. He asked that a crossing guard be stationed at the Deerfield - Wilmot intersection until it is determined the a crossing guard is not needed. He will recommend to the Park Board that the Park District pay for the guard until the report is in. ,�0 P.C. Report Develop Parcel Deerfield Center Associates Authorize Ordinance Deerfield Center Associates mended approval of the plan Commission recommended that proposed building on Parcel 3 A report from the Plan Commission stated that, after a public hearing, the Commission has determined that the proposed construction of a three story office building on Parcel 3 of the tract conforms to the Annexation Agreement, and recom- of development proposed by Mr. Guy Fishman. The Plan the skywalk connecting the building on Parcel 1 and the 3 be treated as an appurtenance. Trustee Marty moved, seconded by Trustee Heisler, that the Plan Commission's recommendation be approved and the attorney be directed to prepare an ordinance amending the Special Use. Motion carried unanimously. P.C. Public Hearing I -1 & Mr. Stucko stated the new Zoning Ordinance has Special Use Drfld Center Property, an I -1 classification. In 1974 the Village entered into an Annexation Agreement with Deerfield Center Associates which provides for consent to an I -1 rezoning after a public hearing by the Plan Commission. Trustee Marty moved, seconded by Trustee Gavin, that the Plan Commission be requested to hold a public hearing on the rezoning of the Deerfield Center Associates property (former Strub property) to the I -1 classification with a Special Use' , in accordance with the Annexation Agreement. Motion carried unanimously. BBA Report - Modification & A report from the Board of Building Appeals Interpretation United Conveyor recommended that the use of the basement of Building Approved the United Conveyor building at 300 Wilmot Road for recreational purposes be considered as a business occupancy, and a permit be granted conditioned upon the additional require- ments that signs be placed limiting the number of persons occupying this space, that a smoke detection system be installed, and an additional means of exit be provided from the westerly lower level directly to the outside. Trustee Marty moved. seconded by Trustee Swanson, that the recommendation of the Board of Building Appeals be accepted. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Report -Elm St. Improvements The Village engineer reported that he had sent Continued to Next Meeting letters to property owners of Elm Street giving cost information on the improvement of Elm Street by Special Assessment. Of the owners replying, 7 were opposed to paying for the improvement, the equivalent of 78 per cent. Mr. Jon Howland, 558 Elm, stated residents would not pay but they want curb and gutters. He said the street is used more by Village tracks and cars than by the residents, and he felt the Village should pay for the improvement. Residents stated the street was in such poor condition was due to the use of the street by Village vehicles, school buses, construction of the sewage treatment plant, and construction of the improvements in the Vecchione Subdivision. It was their opinion that curbs and gutters were needed for the safety of children and that trucks often run over onto parkways. The Village engineer the improvement by a Federal Trustee Marty moved, to the next meeting for the Motion carried unanimously. stated he was investigating alternate ways of financing grant or a Motor Fuel Tax project. seconded by Trustee Gavin, that the matter be continued Village engineer's report. Real Estate Transaction Tax Discussion was had on a proposed Real Estate Referred to DCD &RC Transaction Tax of $1.50 per $1,000 to be paid by the purchaser. Mrs. Laura Lee Christoph, Evergreen Place, stated she was opposed to the tax which will set a precedent and will come out of the seller's pocket. Trustee Marty said the people of Deerfield do not want taxes reduced - many had come in demanding additional expenditures after the Finance Committee had gone over the Budget item by item in attempts to reduce expenditures. Several other residents expressed opposition to the tax, as being unnecessary. 253 Mr. James Healy of Carr Realty, speaking on behalf of the nine realtors, stated he was totally opposed to the tax. He said the proposed tax should have been given newspaper publicity, and indirectly it would be paid by the seller. He said Evanston had defeated this tax proposal recently. Mr. Fred Hillman, Chesterfield Builders, stated he agreed with the opposition. He said that in an effect to obtain money , the tax would hit a small segment of the Village whereas it should be a property tax which everyone would pay. Trustee Heisler stated that if the same level of services is to be provided, taxpayers can reasonably expect that taxes will be up next year - the money must come from somewhere. He said one -half of the revenue to the Real Estate Transfer tax would be used for off - street parking in the central business district. Mrs. Willard Loarie, Oxford Road, said the matter of off - street parking had been talked about for years and little had been done because business people would have to do the job. Only 4.9 per cent of the business district is occupied by realtors and the proposed tax would just be giving the problem to new residents. Trustee Blumenthal suggested the matter be put on the "back burner" until there is a need for funds. Trustee Marty moved, seconded by Trustee Gavin, that the matter of the Real Estate Transfer Tax be referred to the Deerfield Center Development and Redevelopment Commission for consideration. Motion carried unanimously. lst Presentation - Ordinance The first presentation-was made of an ordinance Parking Lots & Fees amending the Municipal Code by adding parking lots 6, 7, and 8 with their locations, and adding the fees for parking in all parking lots. Trustee Marty moved seconded by Trustee Gavin, that the fees for Lots 7 and 8 should be removed - they should not be less than bus fare. Motion carried unanimously. Approve Food & Refreshment Sale- Family Day stands along Deerfield and Waukegan the committee. Motion carried unanimously. Trustee Heisler moved, seconded by Trustee Gavin, that permission be granted to the Deerfield Family Day committee to sell food and refreshments from Roads on Tuesday, July 4, 1978, as requested by Prepare Agreement -Sewer & Mr. David Veatch, owner of Lot A, Louisa Lane, Water Service Outside Limits requested sewer and water service for his property (David Veatch) which is not adjacent to the Village and therefore cannot be annexed. He will pay all charges for the extension of the sewer and water lines and will annex his property when it becomes contiguous. Discussion was had on Mr. Veatch's request. Mr. Veatch said the extensions would be installed to meet Village standards. Trustee Blumenthal stated he approved the agreement in principle. Trustee Marty moved, seconded by Trustee Gavin, that the attorney and the Village engineer draw up an agreement for consideration at the next meeting. Motion carried unanimously. Trustee Swanson stated there would be costs for the attorney and engineering services and he was opposed to these costs being paid for by residents of the Village. Clerk's Report The clerk reported that she had asked that the prevailing wages resolution include Cook County as well as Lake County. Two letters have already been received from Unions in Cook County objecting to the prevailing wage, and acknowedgment of receipt of these objections must be sent which is costly with 15 cent postage. Cod plaint- Subdivider Not Complaint was made by the resident at 1356 Somerset Completed Grading and the resident and 1406 Somerset that the sub- divider has not completed the grading and their residences could be flooded in a rainfall. In addition sidewalks and driveways have been damaged. The Village engineer stated partial payment has been made for improvements com- pleted, but grading and repairs to the street must be made. The Village is holding 254 $3,100, 10 per.-cent of the escrowed amount. The developer has been billed for filling the hole in the street which was done by the Village. The developer has stated he has been unable to rent a bulldozer to finish the grading Discussion was had on the work to be done and the hazards to adjoining properties. , Trustee Gavin moved, seconded by Trustee Marty, that the Village engineer keep after the developer until he gets the job done, the engineer to use his judg- ment on the expenditure of escrow funds to complete the job. Adopted by the following vote: Ayes: Blumenthal, Gavin, Heisler, Marty, Seidman, Swanson (6) Nays: None (0) Mr. Stucko said it might be necessary to file a civil suit to recover Village costs in excess of $3,100. The developer can be issued a citation for drainage violations. Reports Trustee Heisler stated that Senate Bill 1515 on noise pollution will be voted on by the Legislature within the next few weeks, and the bill excludes gun clubs from Environ- mental Protection Agency standards of noise. He then moved, seconded by Trustee Swanson, that the Village manager express the opinion of the Board that they oppose Senate Bill 1515. Motion carried unanimously. Trustee Marty said the old oak tree in the main parking lot should be preserved, and suggested that professional advice be sought so that nothing happens to the tree. There being no further business, on motion by Trustee Heisler and seconded by Trustee Marty, the meeting was adjourned at 11:48 p:m. APPROVED: Presi nt ATTEST: Village Clerk