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03/06/1972 + 03/07/1972March 6, 1972 The regular meeting of the President and Board of Trustees of the Village of Deerfield was called to order by the clerk in the Council Chambers of theVillage Hall on Monday, March 6, 1972 at 8:00 p.m. No members being present, at 8:05 p.m., the meeting was adjourndd'._to "'Tuesday, March 7, 1972 at 8:00 p.m. APPROVED: President ATTEST: Village Clerk March 7, 1972 The adjourned meeting of the President and Board of Trustees of the Village G� of Deerfield was called to order by the President in the Council Chambers of the Village Hall on Tuesday, March 7, 1972 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Albert E. Brust George Kelm Werner E. Neuman M. Jay Turner, Jr. Absent: Charles R. Bootz Stephen M. Slavin and that a quorum was present and in attendance at the meeting. Also present were Messrs. David Newman, representing the Village attorney, and Norris Stilphen, manager. Trustee Brustmoved, seconded by Trustee Neuman, that the minutes of the regular meeting held February 22, 1972 be approved as submitted. Motion carried unanimously. BZA Recommendation -Lot Size & A report from the Board of Zoning Appeals recom- R ear Yard Variations- Texaco mended denial of the petition of Texaco, Inc. 650 Waukegan - Authorize Ordinance for a variation to permit a rear yard of 1 ft. 2 in. for the service station of 650 Waukegan Road, but recommended approval of a rear yard of 15 ft. to conform with the variation granted for a 15 ft. rear yard for the service station to the north. The Board also recommenddd_a variation for the lot which is 13,925 sq. ft. in area, and continuance of the use of the premises for a service station despite the fact that there are two other service stations at this intersection. The Board also recommended that a fence be required along the rear property line which adjoins residential property, as was required for the service station to the north. Zoning Appeals Board member; Naomi Clampitt stated the company had indicated the 15 ft. rear yard and fencing were acceptable. She also stated the removal of trees as mentioned in the minutes of the hearing was not a requirement of the Board, but rather a private agreement between the company and the adjoining property owners. Trustee Neuman moved, seconded by Trustee Brust, that the recommendation of the Board of Zoning Board of Appeals be approved, and the attorney be directed to prepare the ordinance granting the variation in conformity with the Board's recommendation. Motion carried unanimously. b rOUP 06dnge4 xih Ag;en&d _ The Consent Agenda was presented for consideration. Trustee Neuman asked that Agenda Item 72 -35A be added. CONSENT AGENDA 1. Approval of Wolf and Company to audit Village Financial Records. 2. Acceptance of resignation of Wm. Harper from the Plan Commission. 3. Designation of March 27th as date for Joint Hearing on United Conveyor annexation petition. 4. Authorization of payment of $4,500 as partial payment on 31- TL -CS, to Eric Bolander Construction Company. (High School Drive signalization). 72 -35A Resolution declaring policy of Village Board on equal employment. Trustee Neuman moved, seconded by Trustee Kelm, that the Consent Agenda be approved. Adopted by the following? vote: Ayes: Brust, Kelm, Neuman, Turner (4) Nays: None (0) Approve Sidewalk Policy Trustee Brust submitted a proposed policy on sidewalk installation on improved property. Trustee Neuman moved, seconded by Trustee Turner, that the policy be adopted. Discussion was had on the proposed policy. Trustee Neuman stated there were sections of the Village where sidewalks were needed because of safety, but the policy prepared by Trustee Brust covered the subject with enough latitude to allow flexibility by this Board and future Boards. The manager stated the Board should consider carefully the question of 3 ft. sidewalks, since the Village sidewalk plow is 4 ft. wide, and care must be taken in plowing 5 ft. walks. A number of residents from the Woodland Park area stated it was their opinion a- policy on sidewalk construction was unnecessary and each case should be decided omits own merits. It was pointed out that the construction of side- walks qould destroy many trees and shrubs, and the walks were not needed for safety. Safety Council Chairman Walter Moses stated the Safety Council had asked the Board for a policy on the installation of sidewalks, and the proposed policy would establish useful guidelines in considering the request or the need for sidewalks in any area. If there is a demonstrated need for walks the Council would so recommend, but property owners would be given an opportunity to express the opinions, whether pro or con. Trustee Neuman moved, seconded by Trustee Brust, that the first paragraph of the proposed policy be amended to read:. "Purpose - To establish guidelines for the construction of sidewalks in the Village of Deerfield." Motion carried unanimously. Trustee Stavin entered the meeting at 9:00 p.m. and was present thereafter. Trustee Neuman moved, seconded by Trustee Brust, that the words "both sides of" In thetfirst line of paragraph 2, be deleted. Motion carried unanimously. The question was asked how it would be decided which side of the street a walk would be constructed if only one walk were deemed necessary. A resident stated prople were afraid, if the policy is approved. they would be forced to put in sidewalks by a new Board. Trustee Neuman moved, seconded by Trustee Brust, that debate be limited. Motion carried unanimously. The policy, as amended, was adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) The meeting was recessed at 9:15 p.m. and reconvened at 9:30 p.m. Ordinance -Lease of Library The ordinance was presented to lease a Bldg. to Park District for portion of the old Library building to the Youth Center Deerfield Park District for a Youth Center. (0 -72 -9) Trustee Kelm moved, seconded by Trustee Neuman, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Slavin moved, seconded by Trustee Turner, that the.ordinance be passed. President.Forrest stated a4 -month trial period for the Youth Center had been discussed but this provisions was not included in the lease. 1 Trustee Slavin moved, seconded by Trustee Turner, that the lease be amended to state "for a term of four months , automatically renewed for the conduct of a Youth Center for a term of up to ome year. Motion carried unanimously. In answer to a question whether the lease would be renewed after one year if the Park District building is not completed, Trustee Slavin stated the Board could consider extension of the lease on a month to month basis. Trustee Brust suggested that paragraph 10 be rewritten to express less ambiguousry,the provision that Youth Center activities shall not disturb Township uses. The ordinance was passed with the following vote, with changes in the attached lease as approved above: Ayes: Brust, Kelm, Neuman, Slavin, Turner, Forrest (6) Nays: None (0) 'The lease will be submitted as rewitten to the Park District for approval and execution. Approve Lake Co. Housing A letter from the League of Women Voters asked Authority Survey the Board to officially request the Lake County ef+ Housing Authority to make a preliminary survey to determine the interest in and need for low income housing for senior citizens. 4 Mrs. Barbara Silvey, a member of the League, gave information on rental charges and the basis requirements for tenancy of such housing. Copies of the fact sheet were given to the Board. She stressed the fact that a request for a survey did not mean that the Board must proceed with the project. Trustee Slavin moved, seconded by Trustee Brust, that the Board request the Lake County Housing Authority to make a survey on the feasibility of low income housing for senior citizens. Motion carried unanimously. Refer Box Report- Parking in Trustee Brust moved, seconded by Trustee Slavin, NE Quadrant to Sp. Parking C- -_,._that the report on parking in the northeast Committee quadrant prepared by Mr. Paul Box be referred to the Special Downtown Parking Committee for study and recommendations. Trustee Kelm suggested that Mr. Box meet with the committee. Motion carried unanimously. Authorize $1000 Legal Action Trustee Kelm abstained from participation in the Sears Bldg. TV Interference discussion of the Sears building TV interference due to a conflict of interests. Trustee Slavin stated 2.7 per cent of the households in the Chicago area, in- cluding Deerfield, would be affected by poor television reception due to the con- struction of the Sears building. An independent study by Chieago TV bradcasters reported the building would cause "ghosting" of TV images in the affected areas, and the Chief Engineer of Channel 7 stated that, in addition to the ghosting, there would be uncontrollable vertical roll. This interference would have a direct bearing on the salability and depreciation of property values in the Village. One group has -filed an action before the Federal Communications Commission, but to date no rreply has been received; however, in a comparable action in New York, the FCC had declined to assert jurisdiction, stating they had no power to intervene in non - transmitting structures. He has discussed the matter with the village attorney and other groups, and they have concluded there are appropriate legal remedies the Village could.initiate. It was his opinion that other affected communities in this broad band of interference would join in the suit, and the State's attorney had indicated they are interested and may join in the fight. Trustee Slavin moved, seconded by Trustee Neuman, that the Board authorize the Village attorney to institute such action as deemed appropriate in this matter. President Forrest stated the Village attorney had informed him the Village has no legal authority to take action, only the State's attorney. Trustee Brust stated he felt it was unwise for the Village to take action unless other municipalities and the State's attorney join in the suit. Discussion was had on the possible oosts of the suit. Trustee Slavin stated costs would not be a major factor since Sears has admitted in writing to the facts discussed, and the record would be available and can be introduced in Court. Costs would be further reduced if other municipalities and the State's attorney join in the suit. 290 Trustee Neuman moved, seconded by Trustee Slavin, that the motion be amended to authorize the expenditure of not to exceed $1,000 for legal expenses at this time. Motion carried unanimously. Several citizens urged the Board to proceed immediately with the suit since the building will interfere with the rights of every resident of the Village. It was suggested that voluntary contributions from residents would help pay legal expenses, and this matter will be explored. One resident stated many people were not aware of the problem, and he was sure the Board's action would be supported not only by Deerfield residents, but other communities and the State's attorney when they became aware of the facts. Trustee Brust moved that the matter be tabled until the next meeting, at which time he'hoped Trustee Slavin and others may have enlisted the support of other communities and the State's attorney's office. Motion failed for lack of a second. The motion authorizing legal action with an expenditure limited to $1,000 was adlpted by the following vote: Ayes: Neuman, Turner, Slavin (3) Nays: Brust (1) Abstaining: Kelm (1) The meeting was recessed at 10:22 p.m. and reconvened at 10:30 p.m. Appointments - Youth Council President Forrest proposed the following ci,- Civil Defense Director appointments to the Youth Council'' Mr. Robert Maday, to fill the term expiring May, 1972. Mrs.,John Bundock, Mr. Leo Aubel and Mrs. Helen Traill to terms expiring May, . 1973. Trustee Brust moved, seconded by Trustee Turner, that the appointments be approved. Motion carried unanimously. President Forrest proposed the appointment of Brigadier General Fred W. Jacobi as Director of Civil Defense. Trustee Turner moved, seconded by Trustee Brust, that this appointment be approved. Motion carried unanimously. Discussion -Sight Distance at Intersections - Ordinance The ordinance providing for safe sight distances was presented and discussed. A resident stated he was opposed to the ordinance since enforcement might require the removal or cutting back of shrubs and plantings which added to the attractive - ness.of the Village, and added that it was his experience that motorists excer- sized extreme caution at intersections where plantings reduced sight distances. President Forrest stated the several intersections mentioned were high accident locations. Safety Council Chairman Moses stated that Mr. Paul Box had suggested a "Daylight Committee" to inspect intersections which may be hazardous, and enforcement of the proposed ordinance be based on the recommendations mf,the Committee. Trustee Kelm stated he was opposed to any ordinance which is not enforced uniformly, and he would vote against the proposed ordinance. Trustee Slavin proposed the ordinance provide only for sight line corrections at the intersections of major through streets, and not throughout the Village. Trustee Neuman moved, seconded by Trustee Brust, that the ordinance be tabled. Adopted by the following vote: Ayes: Neuman, Slavin, Turner (3) Nays: Brust, Kelm (2) Trustee Neuman pointed out that tabling the ordinance did not preclude reconsideration of the matter. Table Ordinance Regulating Truck Traffic - Ayes: Brust, Neuman, Slavin (3) Nays: Kelm, Turner (2) Budget Discussion A schedule of meetings on the Budget was proposed by the President. 291 Trustee Brust moved, seconded by Trustee Neuman, that the ordinance regulating truck traffic be tabled. Adopted by the following vote: Discussion was had on the budget for the year 1972 -73 prepared by the administrative staff. on March 7, 13 and 27, and April 3, 10 and 17 - Trustees Brust and Neuman stated they were dismayed that their suggestions for a budget which would be more readily understandhbleEanfdprovide specific informa- tion on costs. Trustee Neuman stated he had spent some time in reviewing the pro- posed budget and had beenuunable to extract total amounts to be expended for certain items. He pointed out there was no budget for the Public Works Department. President Forrest stated the budget was prepared in the same form for the past 10 years, and was meaningful, and in his opinion a,major overhaul of the form would not accomplish any useful purpose. The manager stated the budget was based on the Village's chart of accounts whihh would have to be changed if the form is revised. �r Trustee Neuman stated he and Trustee Brust had proposed, and the Board approved, the appointment of a committee to establish guidelines and cost analyses"for' the preparation of the budget. President Forrest proposed alternatives to the appointment of this committee: the employment of a consultant experienced in municipal finance to study present methods of operations and recommend any changes, this work to be guided by a committee of one Trustee, the manager, the treasurer and the president; and investigation by data processing-firms now studying the preparation of Village payrolls on a contract basis into methods to provide cost figures on Village operations as an additional output. He also proposed that cost development be limited to six frojects: leaf pickup, tree purchase and planting, spring cleanup, diseased elm removal and disposition, police supervision and sludge drying and disposal. After further discussion, decision was made that a meeting for discussion of the budget be scheduled for Monday, March 13th, at which time the President would give the name of the proposed consultant. Ordinance - Special Use The ordinance was presented authorizing a Special Fragassi -757 Deerfield Rd. Use for the premises at 757 Deerfield Road for (0- 72910) multi- businesses and office, as requested by Mr. Amelio Eragassi. Trustee Kelm moved, seconded by Trustee Neuman, that the ordinance be passed. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Ordinance -Mun. Code Amend. The ordinance was presented ame-hdingi8gction Sec. 5.104(d) - Fair 5.104(d) of the Municipal Code providing for Employment by Village non - discrimination in the appointment, suspension (0- 72 -11) -or removal of Village employees. Trustee Neuman moved, seconded by Trustee Kelm, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Slavin then moved, seconded by Trustee Kelm, that the-ordinance be passed. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Table Plan Commission Report Re: Gardner Contract for planning services be tabled Motion carried unanimously. Trustee Brust moved, seconded by Trustee Neuman, that the Plan Commission's report on continuance of the contract with Carl Gardner Associates until the Plan Commission Chairman is present. 292 Re: Drainage Dist. Letter The manager stated no action by the Board was required on the letter from Union Drain- age District No. 1 regarding discharges into the west ditch. Tests are being made and results will be reported to the Board. Ordinance -Muni Code Amend. The ordinance was presented amending Sbction 4 -Way Stop - Laurel & Birchwood 20.203(b) of the Municipal Code by adding to (0- 72 -12) the list of stop streets a 4 -way stop at Birch*ood and Laurel Avenues. Trustee Neuman moved, seconded by Trustee Brust, that the rules be waived to permit action on the ordinance at its first presentation, Motion carried unanimously. Trustee Brust moved, seconded by Trustee Neuman, that the ordinance be passed. Adopted by the following vote: Ayes:' Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Table S.C. 113 Letter Re: Trustee Neuman moved, seconded by Trustee School Consolidation Slavin, that consideration of School District No. 113 letter be postponed until the next meeting. The manager was asked to inform School District 109 about the matter. Motion carried unanimously. Authorize Publication A letter from the Village attorney advised Hearing on Valenti Annexation that a public hearing must be held by the Agreement Amendment Board on an amendment to the Valenti Deer- brook Annexation Agreement with regard to the theatre sign variation. Trustee'Slavin moved, seconded by Trustee Turner, that the Board authorize publication of the Notice of Hearing on a date unspecified at this time. Motion carried unanimously. The ordinance was presented declaring rebates Ordinance- Rebates S/A 94 & 97 on Special Assessment Warrants Nos. 94 and (0- 72 -13) 97. Trustee Neuman moved, seconded by Trustee Brust, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Neuman then moved, seconded by Trustee Brust, that the ordinance be passed. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) The President signed.the ordinance indicating his approval thereof. Approse Storage in Trustee Slavin stated that he had received Old Library Bldg, a request from the Focal Point group that permission be granted to store furniture in the old library building pending execution of. the lease. He then moved, seconded by Trustee Turner, that this authorization be granted, the furniture to be stored under the supervision of Village employees. Adopted by the following vote: Ayes: Neuman, Slavin, Turner (3) Naysc Brust, Kelm (2) Communications The manager stated the letter from Mr. John Jursich regarding the Sackheim property will be answered. He also reported that the letter from the minister of the Methodist Church kegaBding payment of the bill for scavenger service had been referred to the Disposal Company. Trustee Neuman suggested that bids on spring cleanup and legf pickup be advertised as well as the bid on elm spraying. There being no further business, on motion by Trustee Tutuer, seconded by Trustee Neuman, the meeting was adjourned at 11:55 p.m. Attest; 7103 _15-e_ APPROVED; ��President