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06/05/197234 June 5, 1972 President Forrest presented shooting awards to the following members of the Police Department: Tyro - William Dunn; Marksman - Robert Hamilton; Sharpshooter - Thomas Potter; Expert - Gordon Cooper; Master - William Benke; and Most Improved Shooter - Jeffrey McDermott. Mr. James Schlindwein, Chairman of the Central Business District Improve- ment Committee, reported the brochure is ready to be mailed to qualified devel- opers to interest them in the opportunities for commercial development of the area between the Central Business District and the Sara Lee plant. He stated a meeting with a potential developer is scheduled for June 6th, and a second has expressed interest. Trustee Slavin commended the Committee for its excellent w ork. 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, June 5, 1972 at 8:18 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Albert E. Brust Werner E. Neuman Stephen M. Slavin Daniel H. Stiehr M. Jay Turner, Jr. Absent: George Kelm 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 Brust moved, seconded by Trustee Neuman, that the minutes of the regular meeting held May 15, 1972 be approved as submitted. Motion carried u nanimously. Approve Consent Agenda The Consent Agenda was presented for considera- tion. Trustee Slavin moved, seconded-by It Trustee Neuman, that certain items from the regular Agenda be added to the Consent Agenda. Motion carried unanimously. CONSENT AGENDA Report and recommendation of the Board of Building Appeals re: Theaters.at D eerbrook and authorization for issuance of permit. Authorization for expenditure of $7,640 for Special Census. Commuter Parking Grant Application. Ordinance deleting section of Municipal Code relating to Committee meetings (Amendment to Sec. 2.211 - Ordinance No. 0- 72 -33). Trustee Neuman moved, seconded by Trustee Slavin, that the Consent Agenda be passed and approved. Adopted by the following vote: Ayes: Brust, Neuman, Slavin, Stiehr, Turner (5) N ays: None (0) President Forrest signed the ordinance indicating his approval thereof. S.C. Report- Chestnut Sidewalk A report from the Safety Council recommended Repairs - Authorize Proceeding the repair of sidewalks on Chestnut Street from Hazel Avenue to Deerfield Road. Trustee Slavin moved, seconded by Trustee Neuman, that repairs to sidewalks be authorized under the 50/50 sidewalk program, as recommended by the Safety Council. Motion carried unanimously. Table United Conveyor Discussion was had on.the proposed Annexation Annexation Agreement Agreement between the Village of Deerfield and United Conveyor Corporation. The Village attorney stated the attorney for United Conveyor had said they could not proceed. 35 unless some assurance is given that two additional buildings can be constructed on the property in the future, or if business conditions change, the company could leas &_a., part of the building.for offices. The Village attorney questioned whether a proper legal interpretation was been given by a restriction to one principal use and ownership. He suggested as a solution to the problem an amendment to the Zoning Ordinance to permit a Planned Development in an Office and Research District, which would permit more than one principal use and one principal building. The Board could agreed _to adopt such an amendment when the property is annexed. He stated that a provision for a Planned Development was usual in 0 & R ordinances. Trustee Slavin stated he could see no reason why leasing offices was not entirely proper if parking requirements are satisfied. Trustee Brust stated the Ordin- ance was witten to control development by the requirement that any change be referred back to the Plan Commission and Board. Trustee Slavin moved, seconded by Trustee Neuman, that the matter be referred to the Plan Commission for consideration of the points raised by the attorney for United Conveyor and the Villpge attorney. The motion failed by thefollowing vote: Ayes: Slavin, Neuman (2) Nays: Brust, Stiehr, Turner (3) The Village attorney stated the Annexation Agreement was not satisfactory to United Conveyor in its present form. He stated the Board could convey to United Con- veyor that the Board construes the ordinance to permit what they want to do, or a paragraph to that effect could be written into the Agreement. Discussion was had on certain sections of the Annexation Agreement. Trustee Neuman moved, seconded by Trustee Brust, that the first sentence of Section 7 be deleted, and the phrase "subject to EPA approval" be added to the second sentence. Motion carried unanimously. Trustee Kelm entered the meeting at 8:45 p.m. and was present thereafter. Trustee Neuman moved, seconded by Trustee Brust, that the phrase "nor more than eight feet" be deleted from Section 5 -C, pertaining to landscaping. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Stiehr, that the Resolution approving the Annexation Agreement be adopted. The motion failed by the following vote: Ayes: Neuman, Stiehr (2) Nays: Brust, Slavin, Turner (3) Pass: Kelm (1) Trustee Slavin moved, seconded by Trustee Brust, that the matter be put on the agenda for the next meeting, and United Conveyor be invited to appear. Motion carried unanimously. 1st Presentation Ordinance The first presentation was made of an ordinance Sign Variation, Keepper -Nagel granting variations from the provisions of the 400 County Line Road. Zoning Ordinance for the erection of a free- standing sign at 400 County Line Road, as requested by Keepper6Nagel, Inc. P.C. Report -PUD, 303 Wilmot A report from the Plan Commission recommended Authorize Ordinance approval of a Planned Unit Development at 303 Wilmot Road, a two lot ,subdivision with a lot area variation on one lot, subject to dedication of 33 ft. for Wilmot Road right -of- way, bond or escrow for the improvement of the dedicated property not required. Trustee Brust moved,nsec64dedcby.1Tfustee Stiehr, that the Plan Commission's recommendation be approved, and the Village attorney be directed to prepare the ordinance approving the Planned Unit Development. Motion carried unanimously. Approve Box Plan II A report from the Central Business District NE Quadrant Parking Parking improvement Committee recommended approval of Plan II in the Traffic Access and Parking Study for the Northeast Quadrant of the Business District prepared by Paul C. Box & Associates. Mr. Box estimated the total cost of the improvement to be $112,000, of which $74,000 is for off - street and $38,000 for on- ,street improvements. Letters regarding the parking were received from Mr. Ted Repscholdt, Rosemary Terrace, and Mr. Robert Ramsay of the Deerfield State Bank. Trustee Slavin abstained from discussion of the proposed plan due to a possible conflict of interests. Trustee Stiehr stated the number of parking spaces provided by the Plan did not conform with the letter of the ordinance, but it was the opinion of Mr. Box and the committee that parking may be adequate because of the joint use of the facilities. Trustee Kelm pointed out that tafety and traffic flow would be greatly improved by implementation of the Plan. President Forrest proposed, as the first step, approval of Plan II by the Board, then a decision on how the improvement shall be financed, and finally, and finally, submission of the Plan to the businessmen for their approval. Trustee Kelm recommended that cost figures for the improvement, including appraisals for property to be acquired, be offered to businessmen as a package with the plan, and if they look with favor on the im- provement, a decision can then be made on how the improvements shall be financed, with the possibility that the Village should pay part of the cost. Trustee Brust stated he agreed the plan enhanced safety and traffic flow, and protected residential property to the greatest extent possible, but these factors did not give more parking space. He suggested a workshop meeting to review the work of the Parking Improvement Committee. Trustee Neuman moved, seconded by Trustee Turner, that the Board endorse the recommendation of the Parking Committee for development of parking in the North- east quadrant of the business district in accordance with Plan II of the report prepared by Paul C. Box and Associates. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Turner (4) Nays: None (0) Pass: Brust (1) Abstaining: Slavin (1) Trustee Neuman recommended a workshop meeting on financing the improvements after total costs are known and approval of the plan in principal by the property o wners. 1st Presentation The first presentation was made of the Bicycle Ordinance Ordinance amending certain sections of the Municipal Code and adding a new Chapter 20A - Bicycles. Trustee Neuman moved, seconded by Trustee Brust, that the third sentence of Section 20A.007 -d -2 be amended to read "When approaching a pedestrian(s) on tle ;sidewalk, an audible signal shall be given at least 25 feet distant from the ped- estrian(s), and the speed of the bicycle shall not be increased until the pedestri- an(s) has been passed ". Motion carried unanimously. A lengthy discussion was had on the requirement that bicycles shall be operated only on the sidewalks along Deerfield Road or Waukegan Road. A letter from a young resident, Suzanne Neuman, was read, asking that sidewalks be repaired and overhanging trees and bushesr be trimmed if bicyclists must ride on the side- walk. A large group of residents and a representative from the League of American Wheelmen objected strongly to the requirement that bicyclists ride only on the sidewalk on Deerfield or Waukegan Road. They pointed out these four -lane streets were safer than narrower streets, curbs at street intersections created problems, and a collision with a pedestrian on a sidewalk could result in serious injury. It was suggested that lines be painted on the pavement at each side of the streets to mark a bicycle lane, but Trustee Xelmr pointed out the streets were not wide enough for two lanes of traffic in each-direction plus bicycle lanes. Trustee Neuman suggested the Police Department be notified if a group of bicyclists planned to ride through the Village , and an exception to be made to permit riding on the street, and perhaps police officers could provide an escort. He also suggested the use of parallel streets, but a resident pointed out these streets were very narrow with streetpinlets near the curb which could catch a wheel. Many stressed the need for education in bicycle safety. Trustee Slavin moved, seconded by Trustee Turner, that Section 20A.007 -d- 1 which requires that bicycles be operated on sidewalks on Deerfield or Waukegan Roads, be deleted. Adopted by the following vote: Ayes: Brust, Neuman, Stiehr, Slavin, Turner (5) N ays: Kelm (1) action on the ordinance will be taken at the next meeting. V I 1 37 Alprove $6552 to NSMTD The proposed budget for the North Suburban Mass From MFT Funds Transit District was received, with a request for a contribution of $6,552.00. Motor Fuel Tax funds can be used for this purpose, and payment can be made in two installments on July 1 and November 1, 1972. Mr. Howard Kane explained that applications had been made for federal and state grants, but some funds are necessary to carry out the work of the District in its initial phase. Expenditures have been kept to a minimum by using people on a part -time basis. He pointed out that Deerfield will benefit substantially from the District, with a new station and commuter parking planned. Several Trustees expressed dismay at the request for funds, since assurances had been given there would be no costs in joining the District. Trustee Kelm moved, seconded by Trustee Turner, that the expenditure of'$6,552 be authorized, payable ,in two installments from Motor Fuel Ttx Funds, and the attorney prepare the necessary documents. Trustee Neuman moved, seconded by Trustee Kelm, that the motion be amended by adding that Motor Fuel Tax Funds appropriated for construction of improvements on Waukegan and County Line Roads not be expended this year. Adopted by the following vote; Trustee Brust's Pass vote being counted with the majority: Ayes: Kelm, Neuman, Turner (3) Nays: Slavin, Stiehr (2) Pass: Brust (1) The motion as amended carried unanimously. The meeting was recessed at 10:10 p.m., and reconvened at 10:45 p.m., all m embers present. Appointments President Forrest proposed the following appoint- ments: Human Relations Commission: Mr. Charles W. Coburn to term expiring May, 1974 Mr. Richard J. Smith - three year term Youth Council: Kathy Roberts, student at DHS, to term expiring May, 1974. Trustee Kelm moved, seconded by Trustee Stiehr, that the appointments be approved. Motion carried unanimously. Approve Federal Aid Urban System Discussion washhad on the Federal Aid Urban Authorize Signature System grant program and benefits to Deerfield if approved. The manager stated if County Line Road is designated as a Federal Aid Highway west of Waukegan''Rodd, 50% or more of the cost of cul -de -sacs at Kenore, Fairview, Forestway and Willow would be paid by a Federal grant. Designation of Deerfield Road as a Federal Aid Urban Highway would s ustantially reduce the Village's share of the cost for reconstruction of the railroad underpass, since an increase in Federal grants from 50% to 70% of the cost is planned, beginning in 1974. Trustee Brust stated he feared there would be some strings attached if the program is approved, with some tie -in on zoning or similar matters. The manager stated it appears the Village as a substantial degree of control. Trustee Neuman moved, seconded by Trustee Kelm, that the President be authorized to sign the map designating Federal Aid Urban Highways in the Village. Adopted by the followign vote: Ayes: Kelm, Neuman, Slavin, Stiehr, Turner (5) N ays: Brust (1) Ordinance -Mun. Code Amend. P.D. Command Structure (0- 72 -34) Patrolmen. The ordinance was presented amending Section 7.001 of the Municipal Code by establishing the following positions in the Police Department: Chief of Police, two Lieutenants, five dergeatts, and twenty -four 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 Kelm moved, seconded by Trustee Turner, that the said ordinance be passed. Adopted by the following vote: 38 N rn .o b a� aJ U U1 is 0 U Ayes: Brust, Kelm, Neuman, Slavin, Turner, Stiehr (6) N ays: None (0) The President signed the ordinance indicating his approval thereof. Decision was made that bids be requested for recodification of the Municipal Code on the basis of 200 copies. Ordinance -Mun. Code Amend. An ordinance was presented amending the Muni - Sec. 2.113- Vacancy in Office cipal Code by adding a new Section 2.113 (0- 72 -35) establishing procedures for filling a vacancy in the office of Trustee. Trustee Slavin stated the ordinance had'been prepared at his request. He had been absent at the last meeting, and had been astounded to learn that Trustee Bootz had resigned and the vacancy thus created had been filled by appoint- ment without noticelor listed on the agenda. He stated the office of Trustees was a high policy position and should be filled by election except in extreme circum- stances when there was repeated adjournment of meetings due to lack of a quorum, which was not the fact in this case. He stressed that his remarks should not be construed as any criticism of Trustee Stiehr, but a question of procedures. Trustee Kelm stated he strongly supported the amendment and each member should have the right to express his opinion when a vacancy occurs. Trustee Neuman moved, seconded by Trustee Kelm, that the rules be waived to permit action on the ordinance at its first presentation. Adopted by the f ollowing vote: Ayes: Kelm, Neuman, Stiehr, Slavin (4) N ays: Brust, Turner (2) Trustee Brust stated it was his opinion that it was inappropriate to depart from the rules on a matter such as this. Trustee Kelm then moved, seconded by Trustee Neuman, that the ordinance be passed. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Slavin (4) Nays: Brust, Turner (2) The President signed the ordinance indicating his approval thereof. P.C. Report - DiPietro A report from the Plan Commission recommended Special Use -110 Waukegan Rd. denial of the request of Mr. James DiPietro Authorize Ordinance for a Special Use for the property at 110 Waukegan Road to permit two businesses,one of which would be a Firestone sales and service store. Plan Commission member Cynthia Marty stated a letter from the Firestone Company did not give adequate statistical data on traffic, and therefore, denial of the petition was again recommended. Mr. DiPietro stated there was access to the property from both County Line and Deerfield Roads. His attorney pointed out that some of the permitted uses in the Business District would generate a much greater volume of traffic than the proposed use. Discussion was had on the traffic problem and the noise which would result if the doors are left open during warm weather. Trustee Kelm moved, seconded by Trustee Neuman, that the Plan Commission's recommendation not be approved, and the ordinance be prepared authorizing the sipecial Use as requested by Mr. DiPietro: Mrs. Laura Lee Christoph, 90 Evergreen, stated she was opposed to the Special Use Ruit= for the tire store unless some provision is required that doors shall be closed at all times except when cars enter of leave the building, in order to reduce the noise from operation of the business. Mr. DiPietro stated he would require that doors remain closed except for ingress and egress of cars. Trustee Kelm moved, seconded by Trustee Neuman, that the motion be amdnddd.. by adding as a-condition of the Special Use that the doors remain closed except for ingress and egress. Motion carried unanimously. The motion as amended carried unanimously. Authorize Letter Objecting The President reported that House Bill 4531 to Nov. Referenda pertaining to consolidation of elections had been passed by the House and was now before the Senate. One provision of the bill requires all referenda to be held only on the I 39 day of the November elections, in conjunction with election of officials. Trustee Neuman moved, seconded by Trustee Turner, that the President be authorized to write to Senator Karl Berning objecting to the inclusion of referenda in House Bill 4 531 which consolidates elections. Motion carried unanimously. Reports - Communications A notice was received from the City of Highland Park on a public hearing to rezone property in Highland Park which adjoins Deerfield. Trustee Brust asked that a member of the Plan Commission attend this hearing since a rezoning would affect adjacent property in Deerfield. President Forrest suggested that the Board consider the passage of an Appro- p riatian Ordinance, since there have already been two deviations from the Budget - the increased.cost of the Special Census and the contribution to the North Suburban Transportation District. The Village attorney stated there has been little experience with Budget procedures, and recommended an appropriation ordinance to insure that taxes will be collected if the budget is thrown out. AN Appropriation Ordinance will be prepared for the Board's consideration at the next meeting. The manager reported the stone wall at the North Trail Subdivision had been knocked down, repairs would cost from $300 to $800, and the Village had been asked to rebuild the wall. The manager stated he had responded to this request by stating the wall could be rebuilt at the Subdivision's expense, but if it was proved to be an accident.prone location, the wall must be removed. Sight Line Ordinance Trustee Brust moved, seconded by Trustee Turner, on Next Agenda that the proposed Sight line ordinance be removed from the table and placed on the agenda for the next meeting. Adopted by the following vote: Ayes: Brust, Stiehr, Turner, Forrest (4) Nays: Kelm,.Neuman, Slavin (3) Trustee Brust stated he would provide the manager with a list of items omitted from the Pending Items listing. Trustee Neuman stated he was concerned about delays in completion dates on work referred to Baxter & Woodman and most engineering firms were overloaded due to the impact of the Environmental Protection Act. He felt many new firms would be opened and would be interested in serving the Village, and stated he was interested in getting additional civil engineering consulting service. Trustee Slavin asked the manager to get reports on the following: Report from the Environmental Commission on projects they are working on, in particular Trustee Brust's request for a recommendation on recycling. Report from the Village treasurer on the new investment policy. Report from the Police Department on foot patrolling. There being no further business, on motion by Trustee Slavin, seconded by Trustee Turner, the meeting was adjourned at 12 :25 a.m. pro tem ATTEST: Village Clerk