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04/07/198017 April 7, 1980 -:- - -- -_- — . The regular meeting of the President and Board,-af:�'T"rustees of Deerfield-was called to order by the PPres_A av in the Council Village Hall on Monday, April 7, 1JQMU at -8:10 P.M. The roll the following were Present: Bernard Forrest, Y Norma Gavin Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York the Village of Chamber of the was called and 1 President and that a quorum was present and in attendance at the meeting. Also present were Messrs. James Stucko, Village Attorney, and Robert D. Franz, Village Manager. President Forrest asked that everyone rise and spend a moment in silence in tribute to Mrs. Catherine Price, who served as Village Clerk from 1953 until her death in March of 1980. Trustee Edwin Seidman moved, seconded by Trustee Swanson, that the minutes of the previous< meeting be approved, with the following corrections: On the first page of the minutes, under PLAN COMMISSION RE: SENIOR HOUSING, delete the-following: (1) Text amendment to the Zoning Ordinance permitting 98 units, and insert-the following: (1) Amendment to the Zoning Map rezoning the property to C -1. Also, on the second page, fourth paragraph, delete: ... "both requirements (lot size)" and insert: "lot size requirements ". Motion carried unanimously. PUBLIC HEARING Pursuant to proper notice and notification as specified.in LIVERY SERVICE the Municipal Code, a public hearing was held on the request of O'Hare- Midway Limousine Service for a Certificate of Public Convenience and Necessity to operate a limousine service. Mrs. Bernadine A. Eggan, Secretary - Treasurer, was present representing O'Hare- Midway. There being no objections from the Board or from the audience, Trustee Marty moved, seconded by Trustee Heisler, that a Certificate of Public Convenience and Necessity be granted to O'Hare"-Midway Limousine Service. Motion carried unanimously. REPORT ON Village Engineer James Soyka discussed his progress on De- DEPARTMENTAL partmental Objectives, most of which have been met. His OBJECTIVES biggest problem right now is the telephone company.work being done on Deerfield Road, which is about a month behind schedule. It was. the consensus that President Forrest write the company requesting that the work be expedited. Trustee Swanson asked what the problem was with the ramp at.the Village Hall and the one at the train station. An electric heating wire will be installed in the gutter at the Hall to prevent ice build up next w' nter, which is the reason the ramp was closed during February of this year. The ramp at the train station is supplemented by steps, which are safer in the icy weather, but more thought will be given to this problem prior to next winter. Discussion followed regarding the plans for Waukegan Road improvements. Mr. Soyka ex- Plained that the State has made a commitment to Briarwood Country Club not to do any work on this prior to September of this year, and they have to honor that commitment. Briarwood will take all of the drainage from Waukegan Road and this will end up in a lake on the golf course after the lake has been enlarged and they arrange for the drainage to get to the lake. Regarding motorcycles and motorbikes, there will be an area north of the railroad station'for parking these vehicles. Discussion was had regarding Lot #9, reserved parking (old Sub Shop property) and the reason it is used so infrequently, this being because the other lots fill up first and the fact that it is not as convenient as the others, plus the fact that 14 spaces are leased to business out of the total of 22'. Regarding the Elm Street improvements with S.O.S. funds, Mr. Soyka has grave doubts that these funds will now be available due to the President's budget cuts. Deerfield is #15 on a list of 24 projects, and instead of 2.2 million dollars for S.O.S. funds, there will be about $600,000. Last year, Illinois used money allocated to other states, and this might happen again this year, so the project might still be possible. Regarding the pumping station and the diesel engine malfunctions, this was the manu- facturer's fault. The engine was leaking oil and was not acceptable. We had withheld $100,000 of the payment until this was corrected. The digester cover was hanging up but this proved to be faulty gas valves., which have now been changed and the problem has been corrected. x.28 - - -�_ ..1iis-cussi0n`Wus lad_ cgarding improvements to the railroad crossings, Mr.-Soyka reported That i n �orde~�: � inrc „,c . e the Osterman Avenue crossing properly; the intersection at Elm . SLrG, _ ;�� ;�;S..�,�e to be raised a foot or two and there would be problems with rights -of -way, and su ,�� ±h The crossings will be improved by the railroad company with rubberized cross-rngs,`��, r to Lake -Cook Road crossing. REPORT RE: Trustee Marty moved, secu,`' ' i- j�T>~ustee Gavin, that the LEFT TURN LANE report of the Safety. Commi .L u regd cf i n-g �,;_he left turn lane DEERFIELD /WILMOT at Deerfield and Wilmot Roads be taken off the-table. Motion carried unanimously. Discussion followed regarding -the ac- cident record at this intersection and while the addition of a left turn lane would probably not have an appreciable effect on the accidents, it would serve to improve traffic flow at that location. Mr. Soyka estimated that this job would require 3 or 4 men from Public'Works, and would take between a week and ten days to complete. Trustee Seidman moved, seconded by Trustee Swanson, that the Public Works Department be directed to install the left turn lane. Motion carried unanimously.. PLAN COMMISSION RE: Mr. Franz read the findings and recommendation of the Plan SCHAUL REZONING Commission relative to the request for rezoning of the property located at 215 Waukegan Road from R -3 to C -3 (Outlying Com- mercial). The recommendation was for denial of the request. Mr. John Duffy, attorney for the petitioner, stated that he had people present from Rolf Campbell's office and from the architect's office who could answer any questions the Board may have. Presi- dent Forrest replied that the Board had all of the material submitted by the Plan Com- mission but that Mr. Duffy could make a statement if he so desired. Mr. Duffy then introduced Mr. Elber Maiden, from Rolf Campbell's office. Mr. Maiden explained, in answer to a question from Trustee Seidman, that the reason they petitioned for C -3 zoning rather than office and industrial was due to the fact that the site is only -3/4 acre and office and industrial requires 5 acres. He also answered a question from Mr. Seidman regarding the traffic study submitted, saying that since the proposed use would generate little traffic, the study was not extensive. Some discussion ensued regarding the fact that he felt this site was not as attractive for R -3, single family, as other R -3 locations. Trustee Heisler moved, seconded by Trustee Gavin, that the report and recommendation o the Plan Commission be accepted and the petition for rezoning denied. The motion carr unanimously. REPORT OF BZA RE: Mr. Franz read the recommendation of the Board of Zoning crunin VARIATIONS A eal.s regarding the request for variations for the property .,.. pP 9 9 q � located at 215 Waukegan Road if-it were rezoned to C -3. Trustee Marty moved, seconded by Trustee Gavin, that the recommendation be accepted and the petition denied. Motion.carried unanimously. SAFETY COUNCIL RE: Discussion was had regarding the recommendation of the Safety PARK AVENUE PARKING Council that the loop off Park Avenue on the east side at the train station be posted "No stopping, standing or waiting ". Mr. Franz reported that he had discussed this with Mr. Blumberg and that the intention was to legislate courtesy so that one driver would not block the loop, forcing other drivers waiting for passengers from northbound trains to wait out on Park Avenue. Trustee Swanson moved, seconded by Trustee Seidman, that the recommendation of the Safety Council be rejected. Motion carried unanimously. It was suggested that some other means be found to solve this problem, perhaps with additional Police coverage. REPORT OF VCDC RE: SENIOR HOUSING recommendation be Mr. Franz read the recommendation of the VCDC regarding the Senior Housing project, which recommendation was favorable. Trustee Seidman moved, seconded by Trustee Heisler, that the accepted. Motion carried unanimously. ENGINEER'S REPORT RE: Mr. Soyka said that the alignment of the driveway from LAKE -COOK PLAZA LIGHT the 400 building makes it difficult to make a left turn but that the installation of the traffic signal will actually help this situation because it will provide a break in tlLe traffic flow to permit such turns. However, Mr. DiPietro, owner of the 400 Building, stated lie would observe the traffic situation after the light is installed and evaluate it-again at that time. Trustee Marty moved, seconded by Trustee Heisler, that the recommendation of the Village Engineer be accepted and the traffic design improvement proceed as planned. Motion carried unanimously. 129. APPROVAL OF Mr. Soyka reported that a number of proposals had been ENGINEERING received for'the engineering design of the Lake -Cook Plaza DESIGN AGREEMENT traffic signal. T}�e proposal from Everding was received the day of the meeting.and was for $9,700. Consoeur- Townsend bid $7,800 and Tornrose, Campbell and Associates proposal was for a sum not to exceed $5,000. Mr. Soyka recommended acceptance of Tornrose, Campbell's proposal. Trustee Marty moved, seconded by Trustee Seidman, that this proposal be accepted, not to exceed $5,000 and that the Mayor be authorized to sign the Engineering Agreement. Motion carried by the following vote: AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) RESOLUTION R -80 -7 MFT $90,000 for LAKE -COOK SIGNAL. Cook Plaza traffic signal. Trustee Seidman moved, seconded by Trustee Marty, that the President be authorized to sign an MFT Resolution appro- priating the sum of $90,000 (which includes the sum alloted for engineering design, not to exceed $5,000) for the Lake - Motion carried unanimously. CCPA AGREEMENT President Forrest stated that the proposed two year agree- ment between the Village and the Combined Counties Police Association contained a clarification of court time policies, an increase of 82% each year of the agreement, an increase in uniform allowance, and that the Agreement had been worked out with Trustee Norma Gavin heading the Village negotiating team working with several members of the Police Union. He commended both teams. Officer William Behnke, President of the Deerfield Chapter of the CCPA, was present to sign the agreement for his Chapter. He expressed his appreciation to the Mayor and Board, stating that the Police officers were well pleased and that the bargaining was always done.in good faith. He further stated that this was a generous offer, and thanked the Board for the new Police facilities and for their: support of the Department. President Forrest and Officer Behnke then executed the Agreements, upon motion of Trustee Marty, seconded by Trustee York, that the Agreement be accepted, which motion carried unanimously. CONSENT AGENDA ORDINANCE 0 -80 -14 - Ordinance authorizing a Yield sign at.the intersection of Grove and Brookside Lane. Authorization for release of escrow for Vecchione resubdivision south of-Deerfield Road, north of Osterman Avenue, $48,912.78. Trustee Seidman moved, seconded by Trustee Gavin, that the Consent Agenda be adopted, including passage of the ordinance. Motion carried unanimously. ORDINANCE 0 -80 -15 Trustee Seidman stated that he felt this ordinance was ADOPTING BOCA BASIC not necessary as he felt this would be a problem for PROPERTY MAINT. CODE the Building Department and that they would not have the personnel to enforce this or the companion ordinance for enforcement. Trustee York asked whether this Code could be adapted to apply to busi- ness establishments since he felt they should be required to maintain proper house- keeping as well as homeowners should. Mr. Stucko replied that this applies only to homes. Trustee Marty stated that she felt strongly the Board should take measures to prevent parking in front yards. Mr. Richard Beinlich, 945 Hemlock Street, discussed a problem near his home where a cab company is allegedly operating illegally and where several vehicles are parked in the front yard of the home. The Village Manager and Village Attorney will research this and a report will be prepared for the next Board meeting. Truste Marty then moved, seconded by Trustee York, that the BOCA Basic Property Maintenance Code be adopted. Motion carried by the following vote: AYES: Gavin, Heisler, Marty, Swanson, York (5) ,NAYS: Seidman (1) ORDINANCE 0 -80 -16 RE: ENFORCEMENT BOCA BASIC MAINT. Trustee Marty moved, seconded by Trustee Heisler, that the ordinance amending the Municipal Code regarding the en- forcement of the 1978 BOCA Basic Property Maintenance Code be adopted. Motion carried by the following vote: . AYES: Gavin, Heisler, Marty, Swanson, York (5) NAYS: Seidman (1) ORDINANCE 0 -80 -17 Trustee Swanson explained that his objection to the issuance CLASS C LIQUOR LICENSE of this license had nothing to do with the establishmont seeking the license (Let Them Eat Cake) but rather with the 130 fact that every establishment south of Lake -Cook Road seems to need a liquor license in order to survive, and he felt the Village does not need any more such licenses. Trustee Seidman pointed out that, v;hile he had nothing against this particular establish- ment, during the past five years the Board had tripled the number of liquor licenses and that Deerfield, being a residential community, did not need this proliferation of liquor licenses. He further stated that it would be difficult to refuse any other ap- plicant in the future. Trustee York stated that this would not be a liquor,license, as such, but rather a beep and wine license, which is an entirely different thing. Trustee Marty moved, seconded by Trustee Gavin, that the ordinance increasing the number of Class C licenses from three to four be adopted. Motion carried by the following vote: AYES: Gavin, Marty, York, Forrest (4) NAYS: Seidman, Swanson (2) ABSTAIN: Heisler (1) Trustee Seidman asked President Forrest whether he would issue the license and the President replied that, on the strength of the background check, he would do so. ORDINANCE 0 -80 -18 Mrs. Sarah Winston, President of the North Trail Home - PARKING RESTRICTIONS owners' Association, who had originally requested considera.- _EAST AND WEST SUMMIT tion of parking restrictions oil East and West Summit Courts, was present. She inquired whether this ordinance would mean no parking at all between the designated hours of 8:00 A.M. and 4:30 P.M. an.d the reply was affirmative. Trustee Seidman moved, seconded by Trustee Heisler, that the rules be waived to permit passage of the ordinance on first reading. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Swanson, that the ordinance be adopted. Motion carried by the following vote: AYES: Gavin, Heisler, Marty, Seidman, Swanson, York (6) NAYS; None (0) CONSIDERATION OF Trustee Seidman reported that he had had inquiries about NO SMOKING AREAS prohibiting smoking in areas of restaurants and asked whether the Board would be interested in adopting such an ordinance. After discussion, it was the consensus that this was a matter for each es- tablishment to decide. President Forrest asked whether there was a motion regarding this. There being no such motion, President Forrest suggested that each establishmE!nt should adopt its own policy. RESOLUTION R -80 -8 President Forrest stated there are certain legal requirements ACTING VILLAGE CLERK for the Clerk to perform. Mrs. Naomi Clampitt has worked . as Deputy Village Clerk since Mrs. Price request a leave of absence in October, due to illness. Previous to that time, Mrs. Clampitt worked with - Mrs. Price, acting as Deputy for vacation periods and other times as needed, and that she has considerable knowledge of the position. With Mrs. Clampitt's concurrence, he stated he would like to appoint her as Acting Village Clerk, with a proposed salary of $5,000 annually.* Mrs. Clampitt agreed to accept this position until the expiration of the current term, April of 1981. She requested that the Municipal Code be amended as to the hours of the Clerk. President Forrest asked that Mrs. Clampitt suggest whatever change in the Code she felt was necessary and that this would be considered at the next meeting. Trustee Heisler moved, seconded by Trustee York, that Mrs. Naomi Clampitt be appointed Acting Village Clerk to fill the remaining term until April of 1981. The motion carried unanimously. President Forrest then swore Mrs. Clampitt in as Acting Village Clerk. REPORTS OF THE. Mrs. Clampitt reported that, in a conversation with County ACTING VILLAGE CLERK officials, she had learned than any item for inclusion on the November election .would have to be submitted by the middle of July. NUMBER OF UNRELATED PEOPLE LIVING IN ONE RESIDENTIAL. ABODE next: meeting. Trustee Marty stated that the provision regarding the number of unrelated people in one dwelling had been removed X rom the Zoning Ordinance. After discussion, the Attorney was directed to review this and report to the Board at the 1 1 1 131 PROPERTY AT Mr. Franz reported that the closing on the property at 733 OSTERMAN 733 Osterman Avenue had.beenf held last week. He asked whether the Board wished to proceed with demolition of the house located on the property. After discussion, it was established that the house „,could be relocated if someone.were. interested in purchasing it and having it moved. The home will be offered.for safe for relocation within the next sixty days. There being no further business to come before the Board,-Trustee Heisler moved,' seconded by Trustee Marty, that the meeting be adjourned at 9:45 P.M. ATTEST: Acting Villa e &A erk APPROVED: �Villaage-President