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05/03/1971 (2)1° May 3, 1971 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, May 3, 1971 at 9:05 p.m. The clerk called the roll-and reported that the following,:were Present: Bernard Forrest, President Chakles R. Albert E. Brust George Kelm Werner E. Neuman Stephen M. Slavin M. Jay Turner, Jr. Absent: None and that a quorum was present and in attendance at the meeting. Also present were Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager. Trustee Slavin moved, seconded by Trustee Bootz, that the minutes of the regular meeting held April 19, 1971 and the adjourned meeting held April 26, 1971 be approved as submitted. Motion carried unanimously. P.C. Report - Resub. Lots 43, 44 A report from the Plan Commission recommended DPL &I Sub.- Approve Prelim. Plat approval of the replatting'of Lots 43 and-4'4, Deerfield Park Land and Improvement Subdivision into one 50 ft. lot and that a combined total of side yards of 20 ft. be required. The owner stated that the houee he proposes to build will comply with the Plan Commission's recommendation regarding side yards. Trustee Kelm moved, seconded by Trustee Bootz, that the preliminary plat be approved. Motion carried unanimously. Oppose Rezoning SE Corner A report from the Plan Commission recommended Lee & County Line for Business that the.Board oppose the proposed rezoning of the 10 acre tract at the southeast corner of Lee and County Line Roads in Cook Countyfrom a residential classification to a busines classification for a shopping center on the same :grounds as the Krembs rezoning was opposed. The hearing on the petition for rezoning was held by the Cobk County Zoning Board of Appeals on this date. President Forrest reported that both Northbrook and Highland Park had filed objections to the rezoning.. Trustee Turner moved that the Board support the Plan Commission's recommenda- tion and a Resolution be adopted indicating,opposition to the rezoning. Seconded by Trustee Neuman, and adopted by the following vote: Ayes: . Brust, Kelm, Neuman, Slavin, Turner (5) Nays: Bootz (1) P.C. Report Re: 1432 -38 Waukegan In connection with the petition to rezone a Rezoning - Recommend Traffic Study portion of the properties at 1432 -38 Waukegan Road from B -3 Single - family to the B -1 Business classification of the remainder of the property, the Plan Commission recommended that Mr. Paul Box make a study of the traffic in the area since the major objection to the rezoning was from nearby residents who were concerned about the traffic that could result from additional business zoning. Trustee Brust stated the attorney for the petitioners had indicated they would be willing to enter into a covenant to limit ingress and egress. Trustee Brust moved, seconded by Trustee Turner, that Mr. Box be authorized to make a study of traffic in the vicinity of 1432 -38 Waukegan Road in accordance with the recommendation of the Plan Commission. Discussion was had on whether it was desirable.ato give an additional assign- ment to Mr. Box at a time when assignments of greater urgency have not been completed. The manager stated that the necessary data for the traffic safety study have been compiled by the Police Department and-turned over to Mr. Box, and it is possible that his report will cover the requested study on north Waukegan Road traffic. He will discuss the matter with Mr. Box to determine whether he has the necessary data in hand, in which case a report could be forthcoming within 30 days, or will get an estimate of cost for additional information. Trustee Neuman moved, seconded by Trustee Kelm, that the matter be tabled i& until the next meeting. Adopted by the following vote: Ayes: Kelm, Neuman, Turner, rdrrest (4) Nays: Bootz, Brust, Slavin (3) Report -Sump Pump Inspections A report from Public Works Director Klasinski stated 811 sump pump installations have been inspected. There were 89 illegal connections, of which 55 have been corrected; 57 houses improperly connected pre -date the present ordinance, and one has been corrected. The manager reported that Dr. Hal Sundin of Baxter and Woodman had found someone to snake up units to be connected to sump pump installations to record the times when drainage from footing tiles is being discharged into the sanitary sewers, but it will not be possible to install these units this spring. Discussion = Landfill Odor Mr. Eugene Theios of the Lake County Health Request Double Cover Department reported that he and Mr. Emmett Fredbeck had made numerous inspections of the brickyard landfill area to try to determine the source of odors which may be coming from other installations such as the Village and Sara Lee sewage treat- ment plants. He stated he had observed water vapor rising from the landfill but could detect no significant odor, and it was hard to believe that any signi- ficant odor problem arose from the landfill. On an inspection several weeks ago when odors were evident, they were traced to the Village sewage treatment plant. Mr. Gerald Penner, 15 Pine Street, stated he had detected odors for the past several months whenever the wind was from the east, and also noticed odors on County Line Road. Within the past week he had walked over the entire brickyard and surroundigg area with Mr. Fredbeck and had determined that:.thealindfill was the source of the odor problem although it was possible there wereoother minor sources. He suggested analysis of the gaseous vapor arising from the landfill. Mr. Theios stated the Health Department hdd no facilities for such analyses. Mr. Penner urged the Board to take action to abate the nuisance. Trustee Bootz expressed his extreme displeasure with the report and work of the Health Department and suggested the County Board of Supervisors be asked to help on this matter. Discussion was had on material deposited in the land- fill, the depth of the cover and the vapor which hase been observed from time to time arising from cracks in the cover material. Mr. Theios stated no borings had been taken to verify the thickness of the cover material, but having observed the operation, he was satisfied that it complied with the county regulations. He again stated the Health Department had been unable to determine that the landfill was the sole source of the odor problem. President Forrest stated he was not concerned about a sole source, odors from the landfill should be stopped and if there are other sources action will be taken to abate them. Trustee Slavin stated the Board had authorized the Village attorney to file suit to abate the nuisance, and while the odors may not be a danger to public health, they were offensive and should be abated as a nuisance. Trustee Neuman moved, seconded by Trustee Kelm, that the Health Depart- ment be instructed to immediately notify the operator of the land fill that the cover material is to be doubled for a period of 120 days, and if it is found to be effective, the depth of cover shall be maintained until the pit is filled or the property is acquired by the Village. Motion carried unanimously. Trustee Bootz suggested the manager asksthe Air Pollution agency to analyze the gas from the landfill. President Forrest stated the matter would be kept on the agenda for further reports of complaints, and asked Mr. Theios to advise the Village on what cooperation is given by the operator in doubling the depth of the cover material. Trustee Slavin asked Mr. Fredbeck to investi- gate any correlation between the weather and rainfall and intensity of odors. Re: Scavenger Contract President Forrest stated that the April 30th issues of Chicago newspapers reported that the DuPage County Court had found suburban scavengers guilty of price- fixing and collusive bidding and contracts with scavengers can be cancelled. The Village attorney stated the report was accurate; a consent decree was entered providing that any contract for more than one year shall be voidable at the option of the 1 a local governmental agencywhich is a party to a contract. The option to rescind the contract must be taken within 60 days from receipt of the notice from the Attorney General, or within 120 days from the date of the decree. President Forrest recommended that the Board take this matter under consideration. Trustee Slavin asked the manager to check whether Mr. Van Der Moten of Deerfield Disposal had filed an affidavit that the bid on the scavenger contract had been non -col- lusively arrived at, as is required by Village ordinance. 1 Complaints- Scavenger Service The manager reported there have been 23 complaints about scavenger service in the past month, 155 calls requesting the telephone number of Deerfield Disposal, and one person had called to report that a good job was being done. He stated that the letter that was sent out has clarified some of the problems. A letter from Mr. Andrew Ebert objected to the requirement stated in the letter that garage doors be left open, and suggested that containers be kept at the front of the garage. He further protested the statement that once -per -week service can be started only on May 1 of each .year. Trustee Slavin stated that, while he appreciated Mr.. Kieft's complaints about locked garage doors, neither the requirement for open doors or the May 1 date were provisions of the contract. Discussion was had on the pickup of leaves, Mr. Kieft pointing out that the contract specifically stated that leaved would be-picked up by the Village in the fall and spring. Several members stated they had received complaints that lawn clipping were left because some leaves were includedi, and holes were punched in the plastic bags containing the lawn debris. The manager stated there had been no plans for a spring leaf pickup, but hereafter a pickup will be arranged. Trustee Brust questioned the use of Village stationery for the letter on scavanger service, and it was pointed out the cost was paid by the scavenger. He stated it was his opinion the entire service could be simplified, possibly-by limiting the number of containers with no differentiation on contents. Trustee Neuman stated his first complaint as a Trustee was on garbage and recommended that the entire matter of scavenger service be thoroughly investigated to avoid a discussion of garbage at every meeting. Tt U President Forrest suggested a workshop meeting to discuss what action should be taken by the Board. Withdraw S.D. 109 Rezoning A letter was received from School District No. 109 Petition withdrawing the petition to rezone lots on the north side of Deerfield Road in the 1000 block to the R -6 Two - family classification, due to citizens' objection to the sale of the property. Temporary Lk. Eleanor Sales Office A permit for a garage to be used as a temporary sales office in Lake Eleanor Subdivision has been approved, the manager reported, a letter from the developer having been received agreeing to remove the garage or construct the principal building within the year. Approve Sidewalk Kiosks Trustee Kelm- moved, seconded by Trustee Bootz, that the Board accept the offer of the Jaycees to erect two sidewalk kiosks for notices of community activities, the Village attorney having advised they would 'not be in conflict with Village ordinances. Adopted by the following vote: Ayes: Bootz, Brust, Kelm, Neuman (4) Nays: Slavin, Turner (2) Accept Inchworm Control Spry The manager reported that a letter from the University of Illinois had been received stating there was no objection to the chemical spray for inchworm control and they would be interested in the test results. Trustee Neuman stated it was his opinion that the Village was not set up to adequately handle such a test, and while Thuricide seemed not to be toxic, inchworm was not a serious problem and could be controlled by such products as Tanglefoot. He then moved, seconded by Trustee Turner, that the offer of International Minerals and Chemicals to supply 10 gallons of spray without charge for inchworm control be rejected. The motion failed, the following vote being recorded: Ayes: Neuman, Slavin, Turner (3) Nays: Bootz, Brust, Kelm, Forrest (4) Re: Co- Counsel Brickyard President Forrest reported that only two weeks Appeal remained to file a petition with the Illinois 'OU Supreme Court for leave to appeal the brickyard decision and that the Thomas Foran firm had been suggested to be retained as co- counsel. Trustee Slavin proposed that the matter be discussed privately during the recess which is in full accord with the public meeting act which specifically authorizes private discussion of litigation. grdinance -Mun. Code Amend. Trustee Kelm moved, seconded by Trustee Bootz, Sec. 20.203(b) Stop Signs that the ordinance be passed amending Section Fairview & Laurel & Gordon 20.203(b) of the Municipal Code by adding to the at Wilmot (0- 71 -14) designated list of stop streets the following: ��1ili Fairview Avenue at Laurel Avenue (4 -way stop) and Gordon Terrace at Wilmot. Adopted by the following vote: Ayes: Bootz, Brust, Kelm,-Neuman, Slavin, Turner (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. The meeting was recessed at 10:45 p.m., and reconvened at 11:05 p.m., all members present. Retain Thomas Foran Co- Trustee Slavin moved, seconded by Trustee Counsel Brickyard Case Turner, that Thomas Foran be retained as co- counsel on the appeal to the Illinois Supreme Court in connection with the brickyard case. Adopted by the following vote: Ayes: Brust, Slavin5 Turner, Forrest (4) Nays: Bootz, Kelm, Neuman (3) Approve Pay to Election Judges Trustee Turner moved, seconded by Trustee Kelm, that the Board approve payment of $20.00 to each of the judges who served in the April 20, 1971 election. Adopted by the following vote: Ayes: Bootz, Brust, Kelm, Neuman, Slavin, Turner (6) Nays: None (0) Bids - Police Communications Sealed bids for Police Department communica- Equipment tions equipment were opened and read as follows: Motorola Base station 7 mobile units Accessories TOTAL Portable units Battery charger Individual chargers TOTAL BID RCA Base station 7 mobile units Accessories TOTAL Portabl&c units Battery charger Individual chargers TOTAL BID $2,130.00 9,142.00 818.00 $12,090.00 4,344.00 290.00 180.00 $16,724.00 $1,798.00 5,586.00 or $6,188.00 (60 watts) 980.00 $7,611.00 or $8,213.00 2,972.00 96.00 136.00 $10,553.00 or $11,185.00 Trustee Kelm moved, seconded by Trustee Bootz, that the bids be referred to former Trustee George Schleicher for analysis. Motion carried unanimously. Trustee Slavin asked if affidavits of non - collusive bidding had been filed with the bids. President Forrest asked Trustee Neuman to assist Mr. Schleicher in reviewing the bids. 1st Presentation- Ordinance The first presentation was made of an ordin- Water & Sewer Rates ance increasing water and sewer rates. The ordinance has been posted on the lobby bulletin board. /17 Hearing 5 on Receipt was acknowledged of an application Livery Service License from Mr. Steve Jenisio for a Livery Service license. Decision was made that a public hearing on the application will be held at the next meeting, May 17, 1971. Authorize Storm Sewer in Trustee Bootz moved, seconded by Trustee Easement - Glorioso Lmrel Hill IA Brust, that the Board.authorize the con- F­ construction of a storm sewer in the easement at the rear of properties fronting on Rosewood Avenue in Glorioso's Laurel Hill Subdivision, Unit #3, as requested by Mr. Glorioso and recommended by the building commissioner. Motion carried unanimously I- M -1 -1 Approve Com. Scavenger License An application for a commercial scavenger Barrington Trucking Co. license was received from Barrington Trucking Company. Mr. Hoyt, representing the company, stated they had been contacted by Wards and Deerbrook and asked to provide scavenger service. All refuse would be placed in a completely closed container furnished by the company, and when full, would be replaced with another empty container. Trustee Bootz moved, seconded by Trustee Neuman, that the Board approve the issuance of a Commercial Scavenger.license to Barrington Trucking Company, provided that investigation by the manager shows that all ordinance requirements are met. Motion carried unanimously. Approve Bldg. Permit Deerbrook Phse 2 Foundation steel of Deerbrook Addition Phase Motion carriedi�unanimously. Trustee Kelm moved, seconded by Trustee Bootz, that the Board approve the issuance of a building permit for the foundation, footing and structural #2, as recommended by the Board of Building Appeals. The Board was invited by the Milwaukee Road to attend a meeting at the Holiday Inn in Northbrook on May 22nd. The manager will check with members to see who may be able to attend. The manager reported briefly on bills introduced in the legislature which are of interest to municipalities, including House Bill 1430 which would establish a State Building C ode. Opposition to this bill is urged by the Municipal League. The manager reported that Mr. Box had met with the State Highway Department regarding design for the Waukegan Road improvements at Deerbrook, and the State had approved the plans. Mr. Valenti has retained Mr. Box to do the engineering on tie west side of Waukegan Road. The State will pay $60,000 toward the cost of the work. A newly elected officials meeting will be held in Springfield on June 18 -19, sponsored by the Illinois Municipal League. Plans for the High School traffic signals have been approved by the State Highway Department. A letter from the Lerner Life quoted a price of 26G per agate line for publication of legal notices. The Deerfield Review's price is 10� per agate line. Trustee Neuman asked that the public be informed about the areas where spraying for control of inchworms will be done, in order that residents may object if they wish, to the application of the spray on their trees. The manager stated this can be done. Trustee Brust stated he had noticed an editorial about a bill which has been introduced to consolidate elections, and another which would extend voting hours, and felt that both were highly desirable. Trustee Kelm moved, seconded by Trustee Brust, that the Board go on record in favor of these bills. Motion carried unanimously. There being no further business, on motion by Trustee Slavin, seconded by Trustee Bootz, the meeting was adjourned at 12 midnight. APPROVED: President ATTEST: Village Clerk Reports - Communications The manager reported a map of the parade route for the Deerfield Family Day celebration had been received. He will file the necessary application with the State Highway Depart- ment. A map of the Village of Bannockburn has been received showing the area and houses for which permission to connect to the Deerfield sanitary sewer system has been requested. This information will be referred to Baxter and Woodman for review. The Board was invited by the Milwaukee Road to attend a meeting at the Holiday Inn in Northbrook on May 22nd. The manager will check with members to see who may be able to attend. The manager reported briefly on bills introduced in the legislature which are of interest to municipalities, including House Bill 1430 which would establish a State Building C ode. Opposition to this bill is urged by the Municipal League. The manager reported that Mr. Box had met with the State Highway Department regarding design for the Waukegan Road improvements at Deerbrook, and the State had approved the plans. Mr. Valenti has retained Mr. Box to do the engineering on tie west side of Waukegan Road. The State will pay $60,000 toward the cost of the work. A newly elected officials meeting will be held in Springfield on June 18 -19, sponsored by the Illinois Municipal League. Plans for the High School traffic signals have been approved by the State Highway Department. A letter from the Lerner Life quoted a price of 26G per agate line for publication of legal notices. The Deerfield Review's price is 10� per agate line. Trustee Neuman asked that the public be informed about the areas where spraying for control of inchworms will be done, in order that residents may object if they wish, to the application of the spray on their trees. The manager stated this can be done. Trustee Brust stated he had noticed an editorial about a bill which has been introduced to consolidate elections, and another which would extend voting hours, and felt that both were highly desirable. Trustee Kelm moved, seconded by Trustee Brust, that the Board go on record in favor of these bills. Motion carried unanimously. There being no further business, on motion by Trustee Slavin, seconded by Trustee Bootz, the meeting was adjourned at 12 midnight. APPROVED: President ATTEST: Village Clerk