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04/17/1972F� I 7 April 17, 1972 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, April 17, 1972 at 8:05 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 Stephen M. Slavin M. Jay Turner, Jr. Absent: Charles R. Bootz and that a quorum was present and in attendance at the meeting. Also present was the Village manager, Norris Stilphen. Two Proclamations were signed by the President, one designating May as Senior Citizens Month, the second for the Girl Scouts.. Trustee Brust moved, seconded by Trustee Neuman, that the minutes of the minutes of the reeular(-.' meeting of April 3, 1972 be approved as submitted, and the the minutes of the adjourned meeting of April 10, 1972 be approved as corrected. (Page 4, Heading "Budget" - 5th para. 5th line - substitute "postponed" for "with- drawn"). Motion carried unanimously. Approve Warrant No. W -72 -4 Trustee Slavin moved, seconded by Trustee Neuman, that Warrant No. W -72 -4 - Payment of bills including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Kelm, Neuman, Nays: None (0) Abstaining: Brust Slavin, Turner (4) (1) Discussion - Police Community Trustee Brust stated articles in a Chicago news - Relations Grant paper reported that the Village had misused funds granted for a Police Community Relations officer, and funds had been frozen. He stated no funds had been received and therefore could not be spent. The manager stated a check for part of the grant had been re- ceived, and funds had been frozen as is customary when any issue is raised on the use of the money. No funds have been expended as yet. President Forrest stated one of the stipulations of the grant is that an experienced police officer;-beeappointed Community Relations officer, and a replace- ment be hired. Trustee Slavin stated it was his understanding that the Board had approved the application for the grant, reserving the question on whether to approve the project. The clerk was asked to check the minutes regarding approval of the appli- cation and acceptance of the grant. Accept Bid Employers Insurance Trustee Neuman moved, seconded by Trustee Slavin, of Wausau - Comprehensive Insurance that bids on comprehensive insurance be discussed. $24338 Annual Premium Motion carried unanimously. Trustee Neuman stated only two bids had been received, and none from the present carrier due to Allstate's policy of not submitting bids on Police Indemni- fication and Liability insurance. It has been his experience that new bidders may submit better prices, and suggested that bids be requested on separate parts. The manager stated that present insurance coverage expires May 1st, and urged acceptance of the low bUd. He stated if partial bids are requested no bids may be submitted on certain parts. Trustee Slavin moved, seconded by Trustee Turner, that the low bid submitted by Employers Insurance of Wausau be accepted for a three year term with an annual premium of $24,338 net. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) Ordinance Authorizing Special Trustee Slavin cleft the meeting at this Use - Mulder Nursing Home time due to a conflict of interests. (0- 72 -20) The request for a height variation having been withdrawn, Trustee Kelm moved, seconded by Trustee Turner, that the ordin- ance be passed authorizing a special use for the Mulder Nursing Home on Lot 1, Golf View Subdivision. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Turner (4) N ays: None (0) The President signed the ordinance indicating his approval thereof. Trustee Slavin re- entered the meeting and was present thereafter. Ordinance- Mun,.Code Amend. The ordinance was presented amending Bicycle Registration Sections 21.001 - Definitions and 21.004 - (0- 72 -21) Bicycles - Registration required. Trustee Brust moved, seconded by Trustee Neuman, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried u nanimously. Trustee Slavin moved, seconded by Trustee Neuman, that the ordinance be passed. Trustee Brust questioned the enforcability of the requirement that, upon the sale or transfer of the bicycle, the registration tag shall be removed and returned to the Chief of Police. He then moved, seconded by Trustee Kelm, that tthi6srequirement be deleted. Motion carried unanimously. The ordinance, as amended, was passed with the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) N ays: None (0) The President signed the ordinance indicating hii approval thereof. Trustee Neuman asked that the Chief of Police conduct a Bicycle Regis- tration day at each school in the Village before the close of the school year. 1st Presentation - Ordinance The first presentation was made of an ordin- Redemption from Dog Pound ance amending Section 19.218 of the Municipal Code pertaining to the redemption of dogs from the pound. Trustee Kelm suggested an impounding charge of $15.00 plus a charge of $3.00 per day for each day or fraction thereof that the dog is impounded. A letter was received from a resident who complained about the large number of dogs permitted to run at large. President Forrest stated he agreed, and asked for increased enforcement. Resolution Authorizing .Trustee Neuman moved, seconded by Trustee President To Sign Re: Brust, that the resolution be adopted author - Grants for Sewage Treatment izing the filing of an application with the (R- 72 -7) Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency for a grant for sewage treatment.works, and designating President Forrest as the authorized representative to execute all documents in connection with such grant. Trustee Slavin.stated he felt all such matters should be reviewed by the Village attorney. The resolution was adopted by the following vote: Ayes: Brust, Kelm, Neuman, Turner (4) N ays: Slavin (1) President Forrest stated the Letter of Intent accompanying the resolution should be discussed, and asked that it be put on the agenda for the next meeting. Discussion -St. Maintenance Program A report was received from Public Works Director Klasinski on a proposed Street 1 t 1 :7 Maintenance program for 1972 -73. He stated that with two additional men for the summer at a cost of $2,500 and an additional ;'$8,000 for material, all streets in the Village could be repaired with crackfiller and patching materials to keep streets in serviceable condition. Trustee Neuman stated he had asked for a report from Mr. Klasinski on what was needed to bring streets up to standard so the Board could decide what should be authorized. President Forrest stated it was his opinion that, in going to a depart- ment head without going through him or the manager, Trustee Neuman had violated a cardinal principle of management. Trustee Neuman stated'he disagreed, and felt strongly that his responsibility as a Trustee included getting information necessary for a decision by the Board on a program which he believes is one of high priority. The manager took exception to Trustee Neuman's remarks and stated it was his opinion that no Trustee should contact a department head for information without first consulting with the manager. Trustee Slavin stated that, as a philosophical matter, he agreed with Trustee Neuman; the Board is charged with responsibility for a $2 million budget, but there has not been sufficient information on which to base intelligent decisions. He said he views department heads as administrative staff and saw no impropriety in Trustee Neuman's request for information. Trustee Neuman asked for a decision on whether a Trustee, elected to set policy for the7.'Village, can be prevented from having communications with department heads. In answer to Trustee Kelm's question on whether Mr. Klasinbki's report was a recommendation, Trustee Slavin pointed out this was a policy decision. Mr. Klaskinski stated that if the Board desires the increased street maintenance program, it will be done. Mr. James Stucko, representing the Village attorney, entered the meeting at 9:00 P.M. Discussion was had on the lack of a definite policy on how such matters as this should be handled. Trustee Brust stated a policy should be set whereby the Village can operate, since the Code doeszno_texplain specifically how these things should be handled. He suggested that President Forrest write a policy statement for review by the Board. President Forrest stated all information should be available to each Trustee, but the Board should decide on a program before a Trustee seeks information from a department head. Discussion was had at the last meeting on a street maintenance program, but there was no definition of adequacy. Trustee Neuman stated many streets in the Village were in deplorable condition and if costly resurfacing is to be avoided, which admittedly the Village cannot afford, funds must be expended to patch all holes and fill all cracks with general street maintenance to prepare streets for next winter. The meeting was recessed at 9:13 p.m. and reconvened at 9:25 p.m. Include St. Maint. Program Discussion was had on the street maintenance program & Funds in Budget and sources of funds to pay for the additional work. The manager stated there would be $1218 in the Street and Bridge fund that has not been budgeted. Trustee Neuman then moved, seconded by Trustee Kelm, that the manager be directed to include the street mainten- ance program in the 1972 -73 budget, including the necessary allocation of General Fund monies to do the job. Motion carried unanimous3y. Public Hearing - Amendment to The public hearing, adjourned from April 10, 1972, Annexation Agreement - Deerbrook was called to order by the President at 9:50 p.m. Theatre Sign & Drive -in Banking, to consider proposed amendments to the Annexation Agreement relating to the Deerbrook Shopping Center to authorize an increase in the area of one double -faced illuminated sign from 120 sq. ft. to 249 sq. ft. for twin theatres, and the construction of drive -in banking facilities on the Waukegan Road frontage approximately 170 ft. south of the Red Balloon restaurant. Present: Trustees Brust, Kelm, Neuman, Slavin, Turner. Absent: Trustee Bootz. Notice of the hearing was published as provided by law. Witnesses were sworn by the clerk. Plan Commission Chairman Dan Stiehr stated the Plan Commission recommended denial of the request for the larger sign on the basis that itl_�larger than necessary. He stated the 180 dq. ft. sign authorized by the "Annexation Agreement is not being used, add the Edens twin theatre sign with an area of 190 sq. ft. is large enough to adequately advertise the two feature films. Mr. Joseph Valenti, owner of Deerbrook, stressed the fact that the Yequest is not for an additional sign but merely a replacement of one of the 120 sq. ft. signs authorized by the Annexation Agreement. One of the two 120 sq. ft. signs was planned for the theatre, but twin theatres will be con- s trated, and the larger sign is necessary to advertise the films shown at the two theatres. The 180 sq. ft. sign is a project sign and will be erected later. All signs will be of the same mansard type, in keeping with the character of the Shopping Center and the Village. On the basis of the Board's previous reversal of the Plan Commission's recommendation for denial at the February 7th meeting, a lease has been signed for the two theatres. Hours of sign illumina- tion will be the same as those previously approved by the Board. Trustee Neuman moved, seconded by Trustee Kelm, that the Board approve a change in the Annexation Agreement to permit the construction and maintenance of a double -faced illuminated sign for the twin theatres, not to exceed 240 sq. ft. in area, with the same time limitation on illumination as heretorfore approved by the Board (Turned off at 11:00 o'clock p.m. or 20 minutes after the start of the last show, whichever is earlier). Adopted by the following vote: Ayes: Brust. Kelm, Neuman, Slavin, Forrest (5) N ays: Turner (1) The Plan Commission Chairman reported it was the consensus of the Plan Commission that the drive -in banking facilities as outlined by Mr. Valenti be approved. Mr. Valenti stated parking will be provided in conformance with Village requirements, there having been 87 excess spaces in the Shopping Center. Changes have been made in landscaping which required re- alignment of parking. Parking spaces will be re- striped and former lines painted out. In response to a question regarding increased traffic hazards from the location of the drive - in banking facilities, Mr. Stiehr stated the matter had been discussed and it was the opinion of the Plan Commission that the proposed location would cut down the cross -lot traffic which is occurring now, and the net effect would be to increase traffic safety. Trustee Neuman moved, seconded by Trustee Turner, that the Board accept ' the Plan Commission's recommendation for approval of the drive -in banking facilities as proposed. Trustee Brust stated it was inappropriate to take action on this part of the petition since no written report has been received from the Plan Commission as required by the Rules of Procedure. Mr. Stiehr stated there was no quorum at the last meeting of the Plan Commission, but his oral report a.ceurately stated the Commission's recommendation. He suggested the rules be waived in this instance to accept the oral report to be followed by a written recommendal tion. Trustee Slavin moved, seconded amended by adding that acceptance of based upon the representation by the has been approved by the Commission, in confirmation thereof. Adopted by Ayes: Kelm, Neuman, Slavin, Turner Nays: Brust (1) by Trustee Neuman, that the motion be the Plan Commission's recommendation is Chairman of the Plan Commission that it and subject to receipt of a written report the following vote: (4) The motion as amended was adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner, Forrest (5) Nays: Brust (1) Trustee Slavin moved, seconded by Trustee Turner, that the hearing be adjourned at 10 :20 p.m. Motion carried unanimously. Table Resolution Re: Trustee Neuman moved, seconded by Trustee Amendment to Annexation Slavin, that the Resolution be adopted Agreement approving the amendment to the Annexation Agreement and Restricfive;;Covenant pertaining to the Deerbrook Shopping Center and authorizing execution thereof. Mr. Valenti stated there was no objection to a delay in the adoption of the Resolution which has just been received by the Board. Trustee Brust then moved, seconded by Trustee Neuman, that the matter be tabled until the next meeting. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin (4) N ays: Turner (1) 11 BZA Report - Petition for Mr. Stanley White, Chairman of the Board of Zoning Height Variation - Mulder Appeals, reported that the petition for a height Nursing Home Withdrawn variation for the construction of a nursing home on Lot 1, Golf View Subdivision, had been with- drawn by the petitioner, Mr. Paul Mulder. Discussion - Excess Facility Trustee Brust stated the report of the Environ- Ordinance - Talled Commission on the Excess Facility Ordinance indicated that either he or the Commission did not understand the question referred to it. Trustee Neuman stated he had discovered errors in the ordinance and it was then referred to the Environmental Commission for study. An article in last month's Illinois Municipal Review gave standards for sewage effluent and it was suggested that the article be referred to the Commission. The manager stated the Ordinance had been prepared by the Village attorney and Dr. Suhdin and set standards for sewage entering the plant, and that is what the Commission has been working on. Trustee Brust stated the ordinance is entirely inadequate, and if the Environmental Commission is not the body to handle the matter, the Board should. Trustee Neuman suggested that Trustee Brust write to the Environmental Commission advising them on what is desired, and the matter be put on the agenda for the next meeting if the Commission's report is received. BZA Report- Height Variation The Report from the Board of Zoning Appeals United Conveyor recommended that a variation be granted to permit the construction of the United Conveyor office and research building with a height of 42 ft. in lieu of the permitted 35 ft-height limitation. Also recommended was a limitation on the height of the penthouse of not more than 10 ft. Trustee Neuman moved, seconded by Trustee Turner, that the recommendation of the Board of Zoning Appeals be approved. Mr. Joseph Koss, Wilmot Road, stated he and several other owners had not received notices of the hearing, and suggested that the matter be tabled. The attorney for the petitioner stated that inadvertently, six property owners had not been sent notices of the hearing. In order to correct the error these owners had been sent waivers of notice and copies of the notice of hearing, but only one waiver had been returned. The notice has been republished for a hearing on May 8, 1972, and all property owners will be hotified. Trustee Brust pointed out there has been no written recommendation from the Plan Commission on the zoning of the property. The motion and second were then withdrawn. Mr. Koss and several other residents spoke of the need for full discussion of the petition, citing the serious traffic problem and the need for a proper use for this transitional property. The public hearing on the annexation agreement, zoning classification and variations will be held on May 8, 1972. P.C. Report Sp. Use A report was received from the Plan Commission DiPietro Property on Mr. James DiPietro's petition for a Special 110 Waukegan Road Use for the property at 110 Waukegan Road. Trustee Brust asked that the Board meet in executive session before proceeding on this matter. The meeting was recessed at 10:43 p.m. and reconvened at 10:50 p.m. President Forrest stated the firm of Pedersen & Houpt would not represent the Village on this matter due to a possible conflict of interest. The Plan Commission recommended that the petition for a Special Use to allow more than one principal use per parcel, and the construction of a tire store and service center and a sales office and warehouse be denied, on the grounds that in- sufficient evidence was presented to make'a determination if the proposed development would be beneficial or detrimental. Mr. Stiehr stated the Firestone Company had been asked to supply information on average and peak v6lumes of traffic through the store, but the company had responded that their marketing department has no statistics to show how many cars are serviced by a store of this type. Mr. John Bure, attorney for the petitioner, stated there was no reluctance on the part of the Firestone Company to furnish the information, but none was available. He stated that, based on past experience with this type of service facility, there would be not more than 50 cars per day on an average, but could not guarantee that this number of cars would be correct. He pointed out that permitted uses in the Business classification included drug stores, foot stores, and restaurants which would generate far more traffic than the pro- posed development. 12 . Mr. A. S. Anderson, Real Estate Supervisor for the Firestone Company, stated the company hdd no statistics on traffic generated by this type of facility, but from observation, he would estimate from 20 to 50 cars per day. Discussion was had on the development of the property, traffic volume and hazards, location of driveways, the possible need for a variation, and whether a request for a traffic study was valid in this case. Trustee Neuman moved, seconded by Trustee Brust, that the matter be referred hack to the Plan Commission. After discussion on whether the thinking of the Plan Commission may be altered by information given at this meeting, the motion was adopted by the following vote: Ayes: Bust, Neuman, Slavin (3) Nays: Kelm, Turner (2) P.C. Report -PUD Lot 141 A report from the Plan Commission recommended _Hovland (Gaspara) approval of a Planned Unit Development of Authorize Ordinance Lot 141, Hovland Subdivision, a subdivision of three lots, a dedication of 30 ft. for a future street, a variation of 100 -dq. ft. in the area of Lot 1, and that no bond or escrow be required for the improvement of the 30 ft. dedicated for the future street, as requested by Jack and Mary Gasparac. Trustee trust moved, seconded by Trustee Neuman, that the recommendation of the Plan Commission be approved, and the Village attorney be directed to pre- pare the ordinance approving the Planned Unit Development as recommended by the Plan Commission. Motion carried unanimously. P.C. Report -Park Avenue RelocatQon- Proceed with Condemnation -Union Oil Tract at the rear of the Union Oil Company A report from the Plan Commission recommended that Park Avenue be relocated as shown on Comprehensive Plan, and that the Board accept the dedication of the 50 ft. x 50 ft. tract property. Trustee Brust moved, seconded by Trustee Neuman, that the Village attorney p rceed with the condemnation of the Union Oil Company tract. Adopted by the following vote: Ayes: Brust, Neuman, Turner (3) Nays: Kelm, Slavin (2) Trustee Brust stated the Union Oil Company should honor the commitment made earlier on dedication of the tract and number and location of driveways, and pointed out if present demands are met, parking spaces would be reduced in number. S.C. Report- Crossing Guards The manager reported that the SafetyCouncil's recommendation on the employment of additional crossing guards had been included in the Budget. Trustee Brust stated the hours during which the crossing guards should be on duty should be investigated. He said one accident had occurred because kindergarten children were dismissed earlier than other students. Trustee Neuman said the accident had occurred at an intersection where a student crossing guard has been stationed. he then moved, seconded by Trustee Brust, that the matter be tabled. Motion carried unanimously. BZA Report - Briarwood C.C. A report from the Board of Zoning Appeals Variations- Authorize Ordinance recommended that variations requested by Briarwood Country Club be granted to permit the construction of two tennis coats 15 ft. from the front property line, a parking area located 33 ft. from the center line of Deerfield Road, a fence 12 ft. in height, with the stipulation that the tennis courts not be lighted, no parking be permitted any closer to the front property line than the current distance, and that a curb be constructed in the abandoned driveway to conform to the existing curbing, and the sidewalk be continued as at present. Trustee Neuman moved, seconded by Trustee Brust, that the Board of Zoning Appeals recommndation be approved and the attorney prepare the ordinance granting variations as recommended. Motion carried unanimously. 1 1 Ordinance -Coin Operated Amusement Devices Failed failed for lack of a second. 1 Trustee Neuman moved that the ordinance providing for the licensing of coin operated amusement devises and establishments be tabled. The motion Discussion was had on the license fee to be charged, the hours the center will be open, during the week and closed on Sundays. The attorney for the amusement center stated the lease provides that the center shall be open during the normal business hours of the Shopping Center which are from 10:00 a.m. to 9:00 p.m. on Monday through Saturday, and cannot be open thereafter, and from noon to 5:00 p.m. on Sudday. Trustee Kelm moved, seconded by Trustee Slavin, that the ordinance be passed. Trustee Neuman stated he had reviewed all correspondence on the proposed amuse- ment center and none were in favor of the proposed amendment Letters from Mr. Seymour Rothstein and the Village attorney stated the statutes authorize the corporate authorities to license, tax, regulate or prohibit such coin operated amusement devices, and he urged the Board not to pass the proposed ordinance. President Forrest reported additional letters had been received opposing the proposed licensing of a coin operated amusement center. Mrs. Laura Lee.Chrittoph reiterated her previously voiced opposition to the amusement center and stated coin operated amusement devices in the bowling alley in Northbrook were removed as a nuisance. The attorney for American Amusements stated not to pass the ordinance would be an unreasonable exercisecof power since regulations contained in the ordinance were designed to eliminate a nuisance- type operation, with an adult attendant present at all times,-,and hours of operation controlled. Trustee Turner stated he was not surprised that the letters received opposed the center, since people who were in favor of it would rarely take the time t o write. Trustee Kelm moved, seconded by Trustee Turner, that there be inserted in Section 13.504 a fee of $15.00 per amusement device with a minimum annual fee of $200.00. Adopted by the following vote: Ayes: Kelm, Slavin, Turner (3) Nays: Brust, Neuman (2) Trustee Kelm moved, seconded by Trustee Turner, that the hours of business in Subsection (f) of Section 13.505 be set as 10:00 a.m. to 9:00 p.m. Adopted by the f ollowing vote: Ayes: Kelm, Neuman, Turner (3) .Nays: Brust, Neuman (2) Trustee Kelm moved that in said Subsection (f) the prohibition against Sunday operation of the amusement center. The motion failed for lack of a second. The ordinance failed to pass with a tie vote recorded as follows: Ayes: Kelm, Slavin, Turner (3) Nays: Brust, Neuman, rorrest (3) Trustee Slavin stated he had received a phone call about a newly posted School sign which has bben placed in the front lawn at 1408 Windcrest. The manager explained the location of signs is based on the distance from the school crossing, and the placement of signs had been approved by Mr. Paul Box. Trustee Slavin asked that the placement be checked to see if the sign cannot be moved somewhat. Trustees Slavin and Neuman stated a decision should be made on the acquisition of the Pierson property, and asked that this matter be put on the agenda for the next meeting. Trustee Slavin stated that for ;•any years residents in some areas of the Village have experienced flooded basements after every rainfall. The manager stated the final report from Baxter & Woodman will be received shortly and will give an insight on what should be done to improve the system. Trustee Slavin stated the first report pinpointed locations where sewers are undersiged, and something could and should be done to correct these deficiencies. He recognized the improvements would cost money and if funds are not available, a bond issue should be considered. He then moved, seconded by Trustee Neuman, that a professional engineer be requested to furnish estimated costs for upgrading the sewer system to correct known deficiences. Discussion was had on bond issues and overall improvements to the sewerage system. Trustee Neuman moved that the previous motion be amended by requesting cost estimates from three professional engineers to be returned within thirty days. Seconded by Trustee Slavin, and carried unanimously. The motion as amended also carried unanimously. 14 Trustee Brust asked the manager to get clarification on insurance coverage for the old library building which will be leased to the Park District for a Youth Center. The manager said he would get a statement in writing from the Park District. Trustee Brust stated that with supervision of the Youth Center granted to the Park District, the Board should insist that adequate liability ooverage be provided. Trustee Brust reported a letter had been Yeceived from Ruth Pettis who stated the Winter property at the southeast corner of Sunset and Elm Street was for sale and suggested it be acquired by the Village for commuter, parking. He asked the manager to reply--that the Village is not interested in the Winter property as it is too far from commuter parking, and assuring her that properties designated for commuter parking on the Comprehensive Plan will be acquired only as they become available. Trustee Brust stated he was surprised to learn that the Manpower Com- mission was meeting weekly. He asked that reports be requested since there are vacancies on the Plan Commission and members are needed to assist on the w orkload. There being no further business, on motion by Trustee Brust and seconded by Trustee Turner, the meeting was adjourned at 12.40 a.m. ATTEST ?: Village Clerk APPROVED: President 1