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07/02/197962, July 2, 1979 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, July 2, 1979 at 8:09 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Jerold L. Heisler Edwin B. Seidman J. Robert York Absent: Norma Gavin Cynthia J. Marty Vernon.E. Swanson 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 Heisler moved, seconded by Trustee Seidman, that the minutes of the regular meeting held June 18, 1979 be approved as corrected. (Page 60, line 31 - Add "for consideration of "trimming bushes and trees, a traffic light, or a deceleration lane. ") Motion carried unanimously. Chief's report- Departmental Objectives Chief of Police Richard Brandt submitted a report on departmental objectives. He said progress has been slow because of some computer problems, and the system is more complex than expected. S.C. Report -No Right Turn on Red A report from the Safety Council recommended Kipling & Deerfield Rd. that a "NO RIGHT TURN ON RED" sign be Authorize Ordinance 7 AM to 7 PM. posted on Kipling Place at Deerfield Road. Trustee Seidman suggested the sign be re- stricted to no right turns during scho6l'_hours. Safety Council Chairman John Blumberg stated it would add to the confusion; if restricted to school hours it would still be hazardous for:childr.en who come early or stay late. The crossing guard stated drivers do not stop cars at stop lines and there are about 350 cars turning right on red to in order to avoid the Waukegan - Deerfield intersection. It was suggested that no right turns on red be restricted to the hours between 7:00 a.m. and 7:00 p.m. -- Trustee Heisler moved, seconded by Trustee Seidman, that the Safety Council's recommendation be accepted and the attorney be instructed to prepare the necessary::ordin ance restricting the hours when no right turn on red is permitted to 7:00 a.m. to 7:00 p.m Motion carried unanimously. There was no report from the Village Center Development Commission on'the use of the parking developed on the Beehive property. 1 P.C. Report- Busse - Bente- Chesterfield A report from the Plan Commission recommended Rezoning to R -2 Recommended approval of Chesterfield's request for the Minority Report rezoning of the former Busse - Bente property from the R -1 Single family residence district to the R -2 Single family district, and approval of the 21 lot preliminary plat of sub- division. Variations in lot width are required for Lots 2, 8, 9 and 21, a rear yard vari- ation for Lot 12, and a front-yard variation is required for.- the._exi6ting residence on Lot 16. A letter from Mr. Stucko stated the configuration of Lots 15,'16 (on which the existing residence is located) and 17 meet Village requirements. A minority report from Plan Commission member Thomas Whaley recommended that the petition be denied, or a request made to the developer the reduce the number of lots to 18 or 19. He pointed out that the Plan Commission had recommended denial of a 21 lot subdivision under R -3 zoning, and was not consistent in recommending approval of a 21 lot subdivision with'-R-2 zoning Discussion was had on the recommended zoning and the preliminary plat of resub- division. President Forrest stated he did not understand how a 21 lot subdivision could result from both R -2 and R -3 zoning. Members objected to Lots 15, 16 and 17, stating the former Bente house should be torn down and the three lots subdivided into two. Mr. Nick Mihail of the Berkley Court Homeowner's Association stated it::would be economically feasible to tear down the former Bente residence which would add only slightly to the cost of each lot. Mr. William Smith, Linden Avenue, objected to the sub- division, and in particular, to the variations required. aMr. Charles Malk, attorney and Chesterfield representative, stated the value of the Bente house was too great to tear it down, and plans were to sell it for about $150,000. Mr. Malk introduced Mr. Allen Kracower, a planner, stated the R -2 was appropriate. Trustee York moved, seconded by Trustee Seidman, that consideration of the Plan Commission report b e deferred until the first meeting in August, when the full Board is expected to be present. The motion failed by the following vote: Ayes: Seidman, York; Nays: Heisler, Forrest. P.C. Report Not Accepted Trustee Heisler moved, seconded by Trustee Siedman, that the Plan Commission's report be accepted. The motion failed by the following vote: Ayes: None; Nays: Heisler, Forrest, York, Trustee Seidman's Pass vote being counted with the majority. P.C. Report- Zoning Amendment A report from the Plan Commission recommended Multiple Uses - Authorize Ordinance an amendment to Article 5.1 -3, Article 5.2 -3, Article 6.1 -3, Article 6.2 -3, and Article 7.2 -4 of-the Zoning.Ordinance pertaining to Multiple and Special Uses. The Plan Commission asked that, if approved, reading of the ordinance be` waived. Trustee Seidman moved, seconded by Trustee York, that the Plan Commission: .-s recom- mendation be accepted and the attorney be directed to prepare the ordinance. Motion carried unanimously. P.C. Report -Sp. Use (Carr) A report from the Plan Commission recommended 749 Osterman- Authorize Ordinance that that the Special Use requested by Mr. Francis Carr for property at 749 Osterman'be granted for a multiple use of the premises. Mr. Ian Wilson, representing the petitioner, stated the building he has occupied will be torn down, and the property at 749 Osterman has sufficient space for his business, with all ordinance requirements met, including parking Trustee Seidman moved, seconded by Trustee York that the recommendation.be approved and the attorney prepare the ordinance granting the'Special`Use.:•" r. Motion carried unanimously. Prepare Ordinance No'Parking The Planning Department submitted a report Tall Trees Turnaround _ requesting passage of an ordinance prohibiting parking on the turnaround in Tall Trees Sub- division and on Hertel Lane. Trustee Seidman said that he felt prohibiting.pa"r.king on Hertel Lane could be con- strued as infringing on rights of property owners . Trustee Seidman moved, seconded by Trustee York, that the attorney prepare an ordinance prohibiting parking on the Tall Trees turnaround. Motion carried unanimously. Approve Consent Agenda The Consent Agenda was presented for considera- tion as follows: CONSENT AGENDA Ordinance amending Section 22.140 of the Municipal Code by establishing annual fees for vehicle licenses.wifhjpenaltes for violations. Ordinance amending Sections 5 -14 and 5 -15 of the Municipal Code pertaining to animal license fees. (0-79-42)-: - Ordinance amending Section 22 -80'of the Municipal Code altering penalties for parking violations. (0- 79 -43) Authorize President to sign Certifications for Illinois Law Enforcement Commssion Grant for East Shore Communications Network. Resolution -."=',;adopt: prevailing wage-_rates :for__l979 -80. :c-r_ ._. Release of escrow funds in the amount of $1,060.10 for site improvements work in Tall Trees Estates. Release of escrow funds in the amount of $650 for site improvement work in Kraft Subdivision. M _Trustee Heisler moved, seconded by Trustee York that the Consent Agenda be approved, including passage of the.three ordinances. Adopted by the following vote: Ayes: Heisler, Seidman, York, Forrest (4) Nays: None (0) The President signed the three ordinances indicating his approval thereof. Re: Problems Vecchione Sub. Osterman Avenue A group of concerned neighbors submitted a list of problems with the Vecchione Subdivision on Osterman Avenue. They complained about improper drainage., sidewalks less than 5 feet wide, and substandard concrete work. A report from the Village engineer stated the road had to be shifted to the south for proper alignment \drainage, reducing the right -of -way on the south side to 4 feet 7 inches. The subdivision code requires a 5 foot wide.sidewalk, and therefore a variation must be obtained to reduce the sidewalk width to 4 feet for approximately 350 feet. The' existing sidewalk along Osterman Place is not acceptable due to the mismatch of vertical alignment, and has been replaced with an additional drain on the house side. A street curve was incorrectly staked, but the staff has not evaluated the proposed method of correction. Portions of the pavement have been rejected and broken with -.a drop hammer. Water Shut -off valves are set high to prevent damage by construction machinery, and will be adjusted to the proper grade when the rough grading has been completed. The developer has been notified not to proceed with any further work until the sidewalk problem can be resolved. Resolution -Zion Nuclear Fuel A group of citizens were present to ask the Storage Expansion -Adopt Energy Board to pass a Resolution opposing the ex- Policy by Federal Government pansion of the Zion nuclear plant fuel storage. Among those who spoke in opposition to the expansion were Mrs. Marilyn Gerod, Deerfield, Dr. David:Hilding, Winnetka, Mr. Charles Louch, a biologist, Deerfield, Ms. Ruth Beck, Deerfield, Bernard Gerod, Deer- field, and a teacher from Deerfield. All expressed concern about the effects of low - level radioactivity on humans with regard to cancer, genetic changes:.and..birth- defects. Mr. George Kelm, former Village trustee, proposed that the Village not take a stand, and questioned whether anyone in the room has the competence to make a decision. He pointed out that if the nuclear plants were closed, half of the electric power in the Chicago area would be cut. Mr. Robert Foote, Deerfield, stated the Three Mile Island incident was blown up out of proportion by the press and said the level heads in Washington will work this out. Mr. Terrence.Rieck, licensing coordinator at the Zion plant, said they would like to have permission to expand spent fuel storage as soon as possible, and asked people to urge the government to get on with a waste disposal plan. After discussion of the matter, Trustee York read a Resolution asking that a federal energy policy be adopted, that the Nuclear Regulatory Commission be adequately staffed and managed, and the Federal Government promptly determine and implement a safe method of storage, reprocessing and final disposal of all types of nuclear wastes. Seconded by Trustee Heisler, who moved that the Resolution be amended by adding a para- graph urging the Nuclear Regulatory Commission to grant permssion to Commonwealth Edison to expand the Zion spent fuel storage capacity only if the•Commission is certain, beyond a reasonable doubt, that the expansion is safe and necessary, seconded by Trustee York. Motion carrie, unanimously to adopt the Resolution as amended. lst Presentation - Ordinance The first presentation was made of an ordin- S.T.P. Accept Wastes 7 AM to 12 ance by adding that, between the hours of Noon - Fees 7 a.m. and 12 noon, the Village will make available a manhoe at the Sewage Treatment Plant for the disposal of domestic sanitary wastes only, fees to be charged for this service and service may be discontinued at any time at the discretion of the Chief Plant Operator. Authorize Signature- Agreement Metropolitan Alarm Service Co. Alarm Service and the Village. Adopted by Ayes: Heisler, Seidman, York, Forrest (4) Nays: None (0) Authorize Ordinance -Cab Rates Trustee Heisler moved, seconded by Trustee Seidman, that the President be authorized to. sign the Agreement between the Metropolitan the following vote: A letter from Mr. Fred Barth, agent, and Mr,: Donald Castellani, owner of AAA Taxi requested 65 an increase in cab fares. Due to the increased cost of gasoline and repairs the raise in fares received last year has been more than used up. Mr.! Barth proposed a charge of 95 cents for the first 1/8 mile and 10 cents for each succeeding 1/8 mile. Meters would have to be 'adjusted to register 1/8' mile. It was suggested that the fare be adjusted so that 1/6 of a mile might be used with no meter adjustment - that is, 85 cents for the first 1/6 mile and 15 cents for each succeeding 1/6 mile. Trustee Seidman moved, seconded by Trustee Heisler, that the attorney prepare an ordinance setting cab rates at 85 cents for the first 1/6 mile, and 15 cents for each succeeding 1/6 mile. Motion carried unanimously. Authorize Signature P.D. Trustee Seidman moved, seconded by Trustee Intergovernmental Agreement Heisler, that the President be authorized to sign the Intergovernmental Agreement on behalf of the Village' of Deerfield-, to b'e' signed by the' Department of Law Enforcement, the City of Highland Park''and'' the City of Lake Forest to'coordinate the enforcement of drug laws. Adopted by the following vote: Ayes: Heisler, Seidman, York, Forrest (4) Nays: None (0) Reports The manager reported that the Federal Government will pay 90 per cent of the cost (estimated to be $250,000 to $300,000) for rubberized grade crossings of tracks. He said Glenview has submitted an application for two crossings. The-=President suggested proceeding on the Osterman Avenue railroad crossing_although'it was be helpful if the Hazel Avenue crossing were- improved..a so,. Trustee Seidman moved, seconded by Trustee York that application be­authorized for for both the Osterman Avenue and Hazel Avenue crossings. Motion carried unanimously, A notice was received from the Lake County Zoning Board of Appeals that a public hearing would be held at 9:30 a.m. on July 19, 1979 to consider amendments to the text of the Lake'County Zoning Ordinance to'provide for a conditional use permit for employees cafeterias, restaurants and cocktail lounges. The President said he was opposed to the amendment and asked that the Village be represented at the hearing. Mr. John Clark stated he had been hired by the Highland Park Mosquito Abatement District to spray for the abatement of the mosquito population. He will use a twin engine plane at- height of 300 feet at night. The Federal Aviation Authority requires that an application be filed, and therefore he requestsa letter from each community in the Highland Park Mosquito Abatement District authorizing him to proceed. Mrs. Laura Lee Christoph, Evergreen Place, objected to the spraying, both from the standpoint of noise of the plane but the ineffectiveness of the spray. Trustee Seidman moved, seconded by Trustee York, that a letter be written approving the spraying. Motion carried unanimously. There being no further business, on motion by Trustee Seidman and seconded by Trustee Heisler, the meeting was adjourned at 11:10 p.m. APPROVED Ct_1�7< President ATTEST: l Village Clerk