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01/02/1973114 January 2, 1973 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 Tuesday, January 2, 1973 at 8:12 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: Daniel H. Stiehr and that a quorum was present and in attendance at the meeting. Also present were Mr. Richard Houpt, Village attorney, and Mrs. Marjorie Emery, representing the Village manager. Trustee Brust moved, seconded by Trustee Turner, that the minutes of the regular meeting held December 18, 1972 be approved as corrected. (Page 112 - William Phillips appointed to Human Relations Commission). Motion carried u nanimously. R.R. Station Maintenance Trustee Brust stated there was no evidence of better maintenance of the railroad station and parking lot, and asked if a letter had been sent to the Milwaukee Railroad as requested at the last meeting. Upon being informed that no letter had been sent, he asked that this be done promptly, requesting better mainten- ance of the station and parking facilities, including filling chuck holes in the driveways and parking lot. President Forrest pointed out that if the railroad does not cooperate, the Village's contribution could be withheld. Approve Consent'Agenda PThe Consent Agenda was presented for con- sideration, as follows: CONSENT AGENDA Request for approval of Change of Plans - an addition of $399.81 - 1972 MFT Contract Maintenance Approved. Approval of final payment of $32,326.91 to Peter Baker & Son. 1972 MFT Contract Maintenance. Appioval of payment of $2,767.32 to Baxter & Woodman for engineering services 1972 MFT Contract Maintenance. Ordinance granting rear yard variation at 2 Mulberry East (H.L. Berg). 0 -73 -1) Trustee trust moved, seconded by Trustee Kelm, that the rules be waived to permit action on the above ordinance at its first presentation. Motion carried unanimously. Trustee trust then moved, seconded by Trustee Slavin, that the Consent Agenda be approved, including passage of the ordinance. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) N ays: None (0) The President 'signed the ordinance indicating his approval thereof. BZA Re: Sign Variation Discussion was had on the variation to permit 708 Waukegan Road a projecting double -faced illuminated sign Authorize Ordinance for the restaurant at 70811 Waukegan Road which had been recommended by the Board of Zoning Appeals,, and tabled at the last meeting. Board of Zoning Appeals Chairman Stanley White stated the proposed sign would not project over the sidewalk, and had been recommended because the present signs on the east and north faces of the building were not readily visible due to the curve in Waukegan Road and the large sign at the Commons entxance. Both signs will be removed if the variation is granted. A letter of authorization for the proposed sign has been received from the owner of the building. 1 1 1�5 Trustees Brust and Neuman commented that a new Sign Ordinance was being considered and may prohibit overhanging signs. The Village attorney stated the proposed ordinance provided for phasing out any non - conforming signs over a period of time by amortization of the cost of the sign. Mr. White stated the recommendation for a variation was based on the present ordinance, and the proposed new ordinance had not been brought up a t the hearing. Trustee Kelm moved, seconded by Trustee Turner, that the ordinance be prepared grant ing the recommended variation. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: Brust (1) The petitioner, Mr. Demetre Sarantopoulos, was present and was informed that the sign may become non - conforming, and a time limit sent for discontinuance if the new Sign Ordinance is passed. .,It was reported that the building commissioner, scheduled to attend this meeting, is ill and unable to be present. Decision was made that he attend the meeting on January 15th. Environmental Commission Report- Recycled Paper papers are required. The cost of of standard papers. A report from the Environmental Commission recom- mended the use of recycled paper for stationery and copy work except where specially treated recycled paper is 10% to 20% higher than the cost Trustee Stiehr entered the meeting at 8:35 p.m. and was present thereafter. Trustees Neuman and Brust urged the use of recycled paper wherever possible despite the higher cost. Mrs. Emery.-stated the Government Purchasing Agency has been unable to buy recycled mimeograph paper, but will continue to try to obtain it. Trustee Kelm stated he did not feel recycled paper should be purchased when standard papers are cheaper. Trustee Neuman stated he did not feel the Board should be involved in purchasing, and moved, seconded by Trustee Brust, that the Environmental Commission's recommendation be referred to the Village manager and he be encouraged to use recycled paper where acceptable. Adopted by the following vote: Ayes: Brust, Neuman, Slavin, Stiehr (4) Nays: Kelm, Turner (2) Flood -Ways Referred to P.C. In connection with the Citizens' Flood Control for Public Hearing Committee's recommendation that building be prohibited in flood -ways, a letter from the Village attorney stated the Statutes provide adequate authority for enacting building restric- tions or prohibitions in areas susceptible to flooding. A public hearing must be held by the Plan Commission on an amendment to the Zoning Ordinance. Trustee Brust stated both drainage ditches should be included. Trustee Neuman moved, seconded by Trustee Stiehr, that copies of the flood maps prepared by the Soil Conservation Service be obtained, and the Plan Commission be instructed to hold a public hearing on flood -ways. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Stiehr, Turner (5) N ays: Slavin (1) Petition Co. Bd. for Appt. of Commissioners serve also as Commissioners of the Village attorney explained Discussion was had on whether Board, the governmental agency In connection with the recommendation of the Citizens' Flood Control Committee'that the Com- missioners of the West Skokie Drainage District the Union Drainage District (defunct), a letter from statutory provisions and procedures for appointments. petitionshould be filed with the Court or.the County authorized by Statute to make such appointments. Trustee Neuman moved, seconded by Trustee Brust, that the County Board be petitioned to make appointments in accordance with the recommendation of the Committee. Motion carried unanimously. Trustee Slavin stated he had voted "Nay" because it was his opinion that the Plan Commission was entitled rather than a mere directive to more to hold detailed instruction of what the Board wants a public hearing on floodways. President Forrest suggested that a copy of the minutes of the Committee be sent to the Plan Commission. Trustee Neuman stated he would write the letter of referral in accordance with usual procedures. Petition Co. Bd. for Appt. of Commissioners serve also as Commissioners of the Village attorney explained Discussion was had on whether Board, the governmental agency In connection with the recommendation of the Citizens' Flood Control Committee'that the Com- missioners of the West Skokie Drainage District the Union Drainage District (defunct), a letter from statutory provisions and procedures for appointments. petitionshould be filed with the Court or.the County authorized by Statute to make such appointments. Trustee Neuman moved, seconded by Trustee Brust, that the County Board be petitioned to make appointments in accordance with the recommendation of the Committee. Motion carried unanimously. 116 Re: Advance Funds to In connection with the recommendation of the Drainage Districts Citizens' Flood Control Committee that funds be advanced to the West Skokie Drainage District and the Union Drainage District No.. 1 for ditch maintenance, a.letter from the Village attorney stated the Village could advance funds provided there is an appropriation for that purpose and some type of agreement betweeen the Village and the Commissioners of the Districts pertaining to the advancement of s uch funds. It was the consensus of the Board that a request for advancement of funds should be received from-the Commissions before any action can be taken by the Board of Trustees. Trustee Stiehr proposed that the manager be directed to send a memorandum to the commissions stating if funds are needed for maintenance, specific proposals should be submitted to the Village before making up the Budget for next year. Trustee Neuman suggested as an alternative that the Commissioners be invited to attend a workshop or Board meeting to discuss the condition of the ditches and the cost factors involved. Commissioners of both Drainage Districts will be asked to attend the next meeting. 1st Presentation- Ordinance The first presentation was made of an ordinance Vacation - Par.t of Berkley Ct. vacating that part of Berkley Court extending eastward from Wilmot Road a distance of 450 ft. t o Park property. A letter was received from Mr. R. L. Anderson, owner of the 68 ft. lot to the north, requesting a reduction in the purchase price of $200 per front foot. Mr. George Popoff, owner of property to the south, stated the price of $5600 was excessive since the street proposed to be vacated is not a buildable lot, is subject to flooding, and a 10 ft. walkway is desired by the Park Board for access to the park. He stated that Mr. Anderson had bought the 68 ft. lot after he had been assured by the building commissioner that it was buildable. Mr. Anderson stated no variation has been requested, and he was , in requesting vacation of the street, following the suggestion of the building commissioner. Trustees Kelm and Slavin stated the street had been dedicated by the developer, and the property not now being needed for a street, the Village should not reap a windfall by sale of the property. Trustee Kelm pointed out the Village would benefit by having_•the property on the tax rolls. Trustee Brust stated he did not believe public land should be given up without compensation. Trustee Kelm moved, seconded by Trustee Slavin, that the requirement --of other consideration as set forth in Section 5 of the ordinance be eliminated, except the statutory fees. The motion failed by the followin g vote: Ayes: Kelm, Slavin, Turner (3) Nays: Brust, Neuman, Stiehr, Forrest (4) Trustee Stiehr moved, seconded by Trustee Brust, that the sum of $11,200 be inserted in Section 5 of the ordinance. The motion failed by the following vote: Ayes: Brust, Stiehr (2) Nays: Kelm, Neuman, Slavin, Turner (4) President to Negotiate Trustee Slavin moved, seconded by Trustee Price-Berkley Ct. Vacation Brust, that the President be appointed as a committee of one to negotiate with.the abutting property owners on a mutually agreeable price for the vacation of a part of Berkley Court. Motion carried unanimously. Re: Excess Facility Ordinance Trustee Brust reported he had enlisted the assistance of a retiied chemist to work with him in developing an excess facility ordinance. A report will be submitted when the work is completed. The meeting was recessed at 9:25 p.m., and reconvened at 9:37 p.m., all members present. Approve Grant Application The Chief of Police presented a grant appli- P.C.R. Program for P.D. cation for expansion of the Police Community Relations program. The grant is for $40,592, 1 1 117 the Village's contribution amounting to $15,635. Chief Whitton gave a detailed explanation of the benefits to the community if the grant is approved and a second Community Relations officer is employed. Officer Cooper is working with the grade and junior high schools and this program is very successful, seven favor- able letters having been received from school officials. He described various programs which can be undertaken if the grant is approved. The officer would be trained in hardware and technology, an area in which the Department has no expertise. Several members stated they were concerned about.the employment of a replacement who must be retained-&s:4 permanent,employe0_;- Trustee Neuman moved, seconded by Trustee Slavin, that the Board approve the application for the grant with the provision that the PoliceDepartment present the Board with a definitive program that will be implemented with the Community Relations o fficer. In answer to Trustee Slavin's question, Chief Whitton stated a fairly complete program can be prepared by March 15th. Trustee Slavin then moved, seconded by Trustee Neuman, that the previous motion be amended to require the program to be submitted by March 15, 1973. Motion carried unanimously. The motion as amended was adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Stiehr, Turner (5) Nays: Brust (1) Ordinance -Mun. Code Amend. Sec. 13.703 Theatre License (0 -73 -2) Ordinances were presented emending Section 13.703 of the Municipal Code pertaining to license fees for theaters. Trustee Brust stated the license fees for theaters should reflect services rendered for traffic control and clearing the parking area when the theater closes. He suggested the attorney contact the theater owners regarding a security agreement for traffic control. Discussion was had on license fees and charges for admissions. Trustee Neuman stated.it was his opinion some credit should be given if the owner p rovides,= some - community service. Trustee Slavin moved, seconded by Trustee Turner, that a license fee of $1.00 per seat be inserted in the ordinance. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Slavin, that the rules be waived to permit action on its first presentation. Motion carried unanimously. Trustee Slavin moved, seconded by Trustee Neuman, that the ordinance be passed amending Section 13.703 of the Municipal Code by establishing a license fee of $1.00 per seat. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Stiehr, Turner (5) Nays: Brust (1) The President signed the ordinance indicating his approval thereof. Attoxley to Prepare Ord. Re: Trustee Slavin moved, seconded by Trustee Turner, Prohibited Pictures that the Village attorney prepare an ordinance amending Section 13.705 of the Municipal Code pertaining to prohibited pictures, in accordance with present laws and decisions. Motion carried unanimously. Discussion - Minibus Service Discussion was had on a proposal to initiate Appoint Committee a mini -bus service in the Village on a non - profit basis to serve shopping areas, students, commuters and perhaps local industries. President Forrest, in his letter to the Board regarding a mini -bus service, proposed the appointment of a committee to study the feasibility of such a service. He recommended the appointment of Mr. Robert Benton as Chairman because he is experienced in this field. In addition be proposed the appointment of Messrs. Myron E. Herzog and Ben Steiner; also a member of the Board of Trustees, a representative of the Chamber of Commerce, a representa- tive of Deerbrook Shopping Center, a ref, %presentative of the Commons Shopping Center, a representative from Shoppers Court, a representative from the Park District and a representative from the Library Board. Mr. Benton expl:ained the committee would approach -the proposed program with an open mind, and mentioned several services which he felt could be provided. 118 Trustee Slavin moved, seconded by Trustee Turner, that the appointment of the Committee as recommended by the President be approved. Adopted by the following v ote: Ayes: Kelm, Neuman, Slavin, Stiehr, Turner (5) Nays: None (0) Pass: Brust (1) Approve C of 0 A letter from Chesterfield Builders requested Earl Ct. Residences the issuance of Certificates of Occupancy for four residences on Earl Court when com- pleted this spring, despite the fact that the pavement of Earl Court has not been completed due'to weather conditions, one -half the street being paved. Trustee Neuman moved, seconded by Trustee Turner, that the building commissioner be authorized to issue Certificates of Occupancy for the four residences provided the builder provides a "hold harmless" agreement. Trustee Kelm moved, seconded by Trustee Brust, that the motion be amended by instructing the building commissioner to inform purchasers that the 'street is not completed. Motion carried unanimously. The motion as amended carried unanimously. Reports President Forrest reported the Parking Com- mittee would meet with owners of property in the northeast quadrant on Janaury 29th, to discuss the reciprocal parking agree- ment. Trustee Neuman stated he would like a report from the Svu7er Referendum Committee regarding plans to get the referendum passed. Trustee Kelm reported the traffic actuation devides on traffic signals are not working properly. Mrs. Emery stated Aldridge Electric-had spent several hours working on the devices but were not able to repair them to insure proper sequences of light changes. The manager was directed to'write to Aldridge Electric and the manufacturer regarding the malfugtion of thecontrols. Trustee Brust asked the Village attorney to check the lease with the Park District on the old library building with respect to adult supervision of yout activities. There being no further business, on motion by Trustee Turner, and seconded by Trustee Neuman, the meeting was adjourned at 10:55 p.m. A TTESY: Village Clerk APPROVED: P r e s Bre n- t 1 1 1