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07/02/1973[86 July 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 Monday, July 2, 1973 at 8:05.p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Albert E. Brust Norma Gavin George Kelm Walter H. Moses, Jr. Werner E. Neuman Daniel H. Stiehr Absent: None and that a quorum was present and in attendance at the meeting. Also present were Messrs. James Stiucko, representing the Village attorney, and Norris Stilphen, m anager. Trustee Brust moved, regular meeting held June 18, A yes:vva voce, Trustee Moses Approve Consent Agenda by the Board of Trustees: seconded by Trustee Neuman, that the minutes of the 1973 be approved as submitted. Motion carried, passed. The Consent Agenda was presented for considera- tion with additions and one deletion as approved CONSENT AGENDA Ordinance amending Article VIII of Chapter 17 (Regulating and Licensing Taxicabs) of the Municipal Code. (0- 73 -37) Approval. -of payment of $1,500 to Wendt, Cedarholm & Tippens, architectural services, and $4,788 to Hoge- Warren - Zimmerman Co. materials. Ordinance amending $ection;,9.101 of the Municipal Code (Definitions- Subdivision and Resubdivisinn'). (0- 73 -38) Ordinance amending Sections 9.105a and 9.105b of the Municipal Code (Resubdivisions of 6 or more lots). (0,73 -39) Report and recommendation of Board of Zoning Appeals re: Variations at 1323 Woodland Drive. Authorize preparation of ordinance. Ordinance annexing the South half of portions of Lake --Cook Rodd. (0- 73 -40) Approval of Special Assessment procedures. Authorization to proceed with storm sewer construction (We -Go Subdivision and United Conveyor property). Trustee Stiehr moved, seconded by Trustee Brust, that the rules be waived to permit action on the ordinance amending Sections 9.105a and 9.105b at its first presentation. Motion carried unanimously. Trustee Brust moved, seconded by Trustee Stiehr, that the Consent Agenda be approved, including passage of the above - listed ordinances. Adopted by the f ollowing vote: Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6) Nays: None (0) President Forrest signed the ordinances indicating his approval thereof. Approve 4 Bicycle Racks The manager reported that two 10 ft. bicycle for R.R. Station racks, each with space for 16 bicycles and a potential capacity of 42 for both racks, should prove adel.uate at the railroad station. The total cost would be $124.00. Trustee Neuman stated the need for additional rack space would develop, and provisions should be made now to accommodate 60 bicycles. Trustee Neuman moved, seconded by Trustee Moses, that the purchase of four 1S 10 ft. bicycle racks be authorized for use at the railroad stati6n.. Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: Stiehr (1) P.C. Report -Site Plan The Plan Commission recommended approval of the Kottrasch Property site plan for the development of the former Kottrasch property on Elm Street. The developer proposes the the construction of six buildings containing 63 condominium apartments and a private recreation area with tennis courts and a swimming pool at the front of the property on the east side of Elm Street extended. There will be four - single family lots on the west side. An 80 ft. right -of -way for Elm Street, a secondary street, will be dedicated. While the Consent Decree permits the construction of two buildings containing 58 apart- ments on the east side of Elm Street extended, the Plan Commission stated the six buildings with 63 apartments will not give a greater intensity of land use since the number of bedrooms has been reduced, and the six smaller buildings will provide a more attrattive layout than the two large buildings. Two 90 degree turns in the proposed Elm Street extension will permit the development of only four single - family lots on the west side of the street. A covenant should be required to insure that the recrea- tion area will not be built on in the future. Mr. James Marovitz, a member.of the Plan Commission, was present to answer any questions. A lengthy discussion was had on the proposed development. Objection was made to the two sharp turns in the proposed extension of Elm Street which is designated a secondary street in the Comprehensive Plan. Mr. Marovitz said the Plan Commission had required the dedication of an 80 ft. right -of -way for a secondary street, but had also considered the proximity of the school and felt it was not in the nest interests of the Village and the safety of school children to encourage faster traffic. Trustee Moses pointed out that if traffic is not slowed by the turns, there would be a demand for stop signs; Mr. Russell Miller stated the buildings would be 2 -172 stories in height, with a garden apartment below and duplexes above. There will be a single entrance for three units and full compliance with parking requirements. Trustee Neuman moved, seconded by Trustee Kelm,that the Plan Commission's recommendation for development of the Kottrasch property be accepted. It was suggested that the developer be required to build single - family residences on the four lots on the west side of Elm Street prior to construction of the apart- ments, and that the recreation area be re- located in the center or at the rear of the apartment development, in order that the noise from such use could not be a nuisance to homeowners on the west side of Elm Street. Mr. Miller explained that, while they had an option on the entire Kottrasch property, their financing was based on the construction of condominiums, and they were undecided whether they would develop or sell the single - family lots. Concern was expressed that the recreation use might be discontinued in the future and building permits sought for this area. Trustee Brust moved, seconded by Trustee Neuman, that the motion be amended by adding that a Restrictive Covenant running with the land be required to keep this area for private recreation or open space. Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: Stiehr (1) Trustee Moses stated lights for night recreation would be a nuisance and disturbance to homeowners across the street. He moved, seconded by Trustee Brust, that the motion be further amended to require.a Covenant restricting the use of the recreational facilities to daytime activities. The motion failed, the following vote being recorded: Ayes: Brust, Moses (2) Nays: Gavin, Kelm, Neuman, Stiehr (4) Trustee Neuman agreed that lighting could be a nuisance, but felt it should be controlled by an ordinance regulating lighting in residential districts which could provide that all elevated lights be extinguished at 10:00 p.m. Trustee Moses said it was his opinion that the single family residences could 'not be sold unless the home- owners can use the recreational facilities. He suggested that when the Deed to the rrecreation area is turned over to the Condominium Association, the single family lots be included. Mrs. Willard Loarie, Oxford Road, stated a public hearing had not been held on the proposed development of the property. She urged the Board to consider this develop- 188 ment very carefully with the recognition that it would tend to set the character and development of the entire area. She pointed out that a 7 lot single- family subdivision had been approved by the Board previously, but it had not been recorded due to the failure of the developer to post bond for the improve- ments. She questioned the wisdom of reducing the number of single - family lots to four. Mr. Marovitz stated a public hearing had been held but no one had attended the meeting. He stated a flat of Subdivision would be filed showing one large lot for the apartment - recreation development, four lots on the west side of Elm Street for single - family residences, and the 80 ft. right -of -way dedication for Elm Street. A Plat of Resubdivision would be submitted later showing condominium lots. It was suggested that the recreation area be designated Outlot "A ". Mr. Stucko stated the Plan Commission had merely considered a modifi- cation of the Consent Decree and therefore no public hearing was required. Mr. Miller asked the Board to approve the site plan as recommended by the Plan Commission. He stated the Plat of Subdivision and Restrictive Covenant would be submitted to the Village attorney for his review. The motion as amended was adopted by the following vote: Ayes: Brust, Gavin, Kelm, Neuman, Moses (5) Nays: Stiehr (1) Trustee Brust moved, seconded by Trustee Kelm, that the Village attorney go before the Court for amendment of the Consent Decree with referenceTtd'the* site plan, plat of subdivision, and restrictive Covenants covering the four single - family lots on the west side of Elm Street and the recreational area. Adopted b y the following vote: Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: Stiehr (1) Table P.C. Report A report from the Plan Commission recom- Notice of Bond Requirement mended the enactment of an amendment notice of bond or escrow requirments to the Zoning Ordinance with reference to a specific to require property to be recorded with the County Recorder of Deeds, and this requirment be included on the Plat of Subdivision. Trustee Brust moved, seconded by Trustee Neuman, that the Plan Commission's recommendation be acccepted. Trustee Kelm asked if the Village can require the installation of street improvements even though no bond has been posted, e.g., can the owner of a corner lot be required to pay for improvements if the owner of property in the middle of the block wishes to subdivide. Mr. Marovitz stated the problem had arisen when the Vines Planned Development had been approved and the owners were unwilling to post bond or escrow for the proposed street improvements. It was felt by the Plan Commission that requieements should be "spelled out" that bond or escrow shall be posted when ready to build. Trustee Neuman moved, seconded by Trustee Kelm, that the matter be tabled. Adopted by the following vote: Ayes: Gavin, Kelm, Neuman, Stiehr (4) Nays: Brust, Moses (2) Trustee Kelm then moved that ah-opinion be requested from the Village attorney on whether the Village can require installation ofimprovements when no bond or escrow has been posted. Seconded by Trustee Moses, and carried u nanimously. The meeting was recessed at 9:33 p.m. and re- convened at 9:45 p.m., all members present. S.C. Report - Traffic Lights A report from the Safety Council recommended Deerfield /Wilmot Rds. that traffic lights be installed at the Deer - Approve Installation field /Wilmot intersection, and the Village work with the State on procuring portable signals to be used at this location until such time as the permanent traffic lights installation has been completed, as recommended by Paul C. Box & Associates. Discussion was had on traffic signals with blinking red lights to be operated by the crossing guard which will require all traffic to stop before entering the intersection. 189 Trustee Moses moved, seconded by Trustee Stiehr, that the Board authorize the installation of trafffic lights at the Deerfield /Wilmot intersection with the capability of blinking red lights if disabled. Motion carried unanimously. Authorize Plans & Specs. The manager stated the installation of traffic lights by Box - Deerfield /Wilmot Lights at the Deerfield /Wilmot intersection would be a Motor Fuel Tax project, and inasmuch as the Village engineer has hdd no experience on such installations, -he recommended thftt Paul C. Box & Associates be retained for this work. Trustee Stiehr moved, seconded by Trustee Neuman, that Paul C. Box & Associates be authorized to prepare plans and specifications for the installation of traffic signals at the Deerfield /Wilmot intersection as recommended. Adopted by the following v ote: Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6) Nays: None (0) Trustee Moses pointed out additional right -of -way must be obtained from'the Church. Discussion was had on portable traffic signals which the manager said were not obtainable. Mrs. Laura Lee Christoph stated that Officer Tiffany, who had attended the meeting of the Safety Council, had recommended these portable lights, and the Council had approved his recommendation. The manager was asked to check into this type of lights and report at the next meeting. S.C. Report - Warning Signs A report from the Safety Council recommended the Deerfield Rd. near Pool installation of Warning Signs "Approaching Pool Approved area" on Deerfield Road for the new Deerspring pool. The Chief of Police reported a flasher light is in use at this location and has proved quite effective. Trustee Neuman moved, seconded by Trustee Brust, that the Safety Council's recommendation be accepted and approved. Motion carried unanimously. S.C. Report -Slow Signs on A report from the Safety .Council recommended the Wincanton bet. Warwick & installation of "Slow" signs on Wincanton Road North Ave. between Warwick Road and North Avenue. The Police Signs Approved Chief reported a survey had been made by the Police Department, and while stop signs were not warranted, the slow signs would be helpful for the safety of children. A resident stated 188 school children cross Wincanton, and suggested the most effective (locations for the Slow signs were three houses south of North Avenue for southbound traffic and just north of Ambleside for northbound traffic. Trustee Moses moved, seconded by Trustee Stiehr, that the Safety Council's recommendation be approved, and Slow signs be installed at the locations recommended. Motion carried unanimously. Approve CCPA Agreement & The Agreement between the Village and the Combined Addenda Counties Police Association was presented, consisting of four documents, as follows: 1) 10 page document entitled Agreement; 2� letter of understanding dated June 7, 1973; 3),page_entifled Memorandum pertaining to uniforms and injury leave; and 4) 2 page letter dated June 29, 1973. The manager stated arbitration costs would be shared 50/50. Trustee Brust moved, seconded by Trustee Neuman, that the matter be tabled until a complete copy is, received. The motion failed with the following vote recorded: Ayes: Brust, Neuman (2) Mays: Gavin, Kelm, Moses, Stiehr (4) Trustee Neuman moved, seconded until the next meeting to give members motion failed with the following vote: Ayes: Brust, Neuman (2) Nays: Gavin, Kelm, Moses, Stiehr (4) by Trustee Brust, that the matter be postponed an opportunity to review the documents. The 190 Trustee Neuman stated that, although the negotiating committee was familiar with the entire agreement and addenda, other Board members had re- ceived the additional documentation only tonight, and it was unfair to expect them to act on a matter of such importance at this time. He suggested that next time a simpler format be used. Trustee Kelm agreed the Agreement and additional documents were cumber- some, but the final documents reflect the agreements reached. Prior to the meeting he had discussed the matter with Officer Roche whose only concern was that health and hospitalization benefits not be reduced in any change of carrier. President Forrest stated the Board has never considered a proposal to reduce benefits, and Officer Roche said this statement was acceptable. Trustee Moses moved, seconded by Trustee Gavin, that the Agreement, memorandum and two letters be approved. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Stiehr (4) Nays: Brust, Neuman (2) Scavenger Proposal_*Expanded.Servide A proposal was received from Van Der Molen Request Cost Spring Cleanup Company for expanded service which would include pickup of 4 tied bundles of brush, bagged leaves in the spring, tied papers and 4 boxes, all on regular pickup days, and the annual spring cleanup covering regular customers only. Prices for special pickup of bulk items were included. The charge for the expanded service would be 50o additional per month for twice per week service and 65o per month for once per week service. Trustee Neuman stated the Board had asked for a quotation on price for the annual spring cleanup only, and this information had still not been received. He also stated the spring cleanup should be provided for all residents, not just customers. Mr. Gene Kieft, manager for Van Der Molen, stated the expanded service would be very beneficial to the residents. Several members stated they would like to see an item by item cost figure for each of the services. Trustee Neuman again asked what would be the charge for the annual spring cleanup, and Mr. Kieft responded, "$26,120." He agreed to submit this proposal in writing. Trustee Mosesitmoved;..seconded by Trustee Neuman, that the matter be tabled until the next meeting ;-at'­kh1ch!t ime Mr. Kieft's written proposal of charges for the spring cleanup will be considered. Motion carried unanimously. Approve 48" Storm Sewer A letter from Baxter & Woodman stated the 48 R.R. Underpass inch storm sewer proposed for the Deerfield Road underpass area has a greater capacity the 36 inch and 33 inch sewers heretofore considered. In either case, the railroad must approve the installation. The Village engineer has recommended the - installation of the 48 inch sewer. The manager stated the underpass would be closed not more than one or two days, and fully restored within one week. Trustee Neuman moved, seconded by Trustee Kelm, that the Village engineer's recommendation for installation of the 48 inch storm sewer be approved. Motion carried unanimously. Forestry Proposals Referred Proposals were received from Forestry Con - to Environmental Commission sultants. Trustee Brust stated it was his understanding that the Board wanted to hire a forester to handle sanitation, and the proposals seemed to be only for con- sulting services. Trustee Neuman moved, seconded by Trustee Moses, that the proposals be referred to the Environmental Commission for comment. Motion carried unanimously. Trustee Stiehr stated the proposals gave no cost figures on actual sani- tation work. Trustee Neuman stated the Environmental Commission had initiated the proposal to employ a forester, and he felt their comments would establish guidelines on what work should be done. 191 Re: Salary Increases The manager submitted a report on salaries paid to Exceeding Authorized 5% three employees whose salary increases exceeded the 5 per cent across - the -board increase. He stated he had done only what the Board had directed. Trustee Neuman read from the minutes of the April 30, 1973 meeting, wherein the Board authorized the Finance Department to pay salaries based on the existing salary ordinance (1972 -73) plus a 5 per cent across- the -board increase, excluding those with whom the Village has a recognized bargaining obligation. Trustee Moses stated that at a closed negotiating meeting held four days prior to the public meeting on Spril 30, all members present had agreed that salaries below the minimum set by the Hewitt report should be increased. Trustee Neuman stated he had discussed this matter with former Trustee Slavin, who had been present at both meetings, and who stated that his motion did not intend anything except the 5 per cent increase which was passed by the Board that night. Trustee Neuman stated individual salaries had been deleted from the Budget prior to the Board's action on salaries, leaving only total Department salaries. Any increase exceeding 5 per cent was not authorized. He pointed out the Board had directed the Village attorney to prepare an ordinance to implement the Hewitt Salary Administration Report, but this had not been done by direction of the President. He also pointed out that at the April 30 meeting, the Village attorney had stated that in the absence of any ordinance provisision, there was no means by which salaries could be adjusted at the discretion of Department heads. The manager objected to making salaries dis- cretionary to Department heads since he makes decisions on salaries after discussion with Department heads. Trustee Neuman stated nothing had been authorized by the Board to set salaries for new employees. President Forrest stated he would discuss this matter with the Village attorney, and it would be on the agenda for the next meeting. Trustee Brust stated the remodeling of the old library building had been com- pleted but nothing had been done about alteration of the Board's seating arrangements. He asked the manager to report an this matter. Trustee Brust stated there had been two recent hirings - a new treasurer and a Planning Aide. He questioned whether the Planning Aide, a Political Science major, would have the necessary qualifications to give support to the Plan Commission. The amnager stated the Plan Commission was well pleased, and Mrs. Marty had asked that the Planning Aide work full -time for a month. President Forrest stated the Plan Commission was desperate to get someone. Trustee Brust asked why no financial report had been made for the month of May, the beginning of the fiscal year. The manager explained the annual audit is u nder,way and the Finance Department has been kept busy working with the auditors. He stated other municipalities do not prepare financial reports during the audit period. Trustee Neuman stated at least information should be provided on on -going expenses, which could be interim figures subject to correction later. The manager stated financial reports would be ready in a few weeks. Trustee Neuman stated the PublicWorks report did not indicate whether the street and sewer maintenance program was now fully staffed and underway. He asked that this information be included in the report as well as percentages of work completed. Trustee Neuman stated he had noticed in the minutes of the Youth Council that the Youth Jury program had been shelved. He stated this information should be included in the combined monthly reports, and asked for a report from the Youth Worker. The manager reported the population signs at.the Village limits have been corrected, the signs cleaned up, and the "Governor Walker" signs erected. %e- manager- "reported that a letter regarding the Kipling /Deerfield intersection had been sent to the Safety Council. Trustee Moses asked that a copy of the Police Department's report on the Waukegan /Deerfield intersection also be sent to the Safety C ountil. Reports - Communications The manager reported that Mr. Ed Tanelian had offered to sell his property (Submarine Sandwich) to the Village at its assessed valuation price of $40,470.90. The property, 31 ft. x 147 ft., has been appraised at $32,500. President Forrest reported he had asked the Village attorney for a letter advising when the new Municipal Code prepared by National Institute of Municipal Law Officers will be received. Trustee Brust stated the remodeling of the old library building had been com- pleted but nothing had been done about alteration of the Board's seating arrangements. He asked the manager to report an this matter. Trustee Brust stated there had been two recent hirings - a new treasurer and a Planning Aide. He questioned whether the Planning Aide, a Political Science major, would have the necessary qualifications to give support to the Plan Commission. The amnager stated the Plan Commission was well pleased, and Mrs. Marty had asked that the Planning Aide work full -time for a month. President Forrest stated the Plan Commission was desperate to get someone. Trustee Brust asked why no financial report had been made for the month of May, the beginning of the fiscal year. The manager explained the annual audit is u nder,way and the Finance Department has been kept busy working with the auditors. He stated other municipalities do not prepare financial reports during the audit period. Trustee Neuman stated at least information should be provided on on -going expenses, which could be interim figures subject to correction later. The manager stated financial reports would be ready in a few weeks. Trustee Neuman stated the PublicWorks report did not indicate whether the street and sewer maintenance program was now fully staffed and underway. He asked that this information be included in the report as well as percentages of work completed. Trustee Neuman stated he had noticed in the minutes of the Youth Council that the Youth Jury program had been shelved. He stated this information should be included in the combined monthly reports, and asked for a report from the Youth Worker. The manager reported the population signs at.the Village limits have been corrected, the signs cleaned up, and the "Governor Walker" signs erected. %e- manager- "reported that a letter regarding the Kipling /Deerfield intersection had been sent to the Safety Council. Trustee Moses asked that a copy of the Police Department's report on the Waukegan /Deerfield intersection also be sent to the Safety C ountil. 192 A letter was received from the Garden Club of Deerfield requesting preservation of the architecture of the existing railroad station, rather than replacement of the present building with a new one of modern design. Trustee Moses moved, seconded by Trustee Neuman, that a letter be written to the North Suburban Transit District requesting renovation of the present station rather than construction of a new station. Adopted by the following v ote: Ayes: Gavin, Moses, Neuman, Forrest (4) Nays: Brust, Kelm, Stiehr (3) A letter was received regarding smoking in the Deerbrook theaters and the resulting fire hazards. Trustee Kelm stated smoking was permitted only in one section and he saw no reason why it should be prohibited. Trustee Neuman moved that the State Fire Marshal- be consulted regarding smoking in theaters. The motion failed for lack of a second. Trustee Moses suggested the matter be put on the agenda for the next meeting and a representative from the theater company and Mr. Rolf Jensen invited to be present. Trustee Stiehr moved, seconded by Trustee Neuman, that the Village attorney prepare an;_ordinance to ban smoking in the Deerbrook theaters. The motion failed with the following vote recorded: Ayes: Moses, Neuman (2) Nays: Gavin, Kelm, Stiehr (3) Abstaining: Brust (1) Appoint Dr.. B.L. Hodes President Forrest proposed the appointment of S.C. Chairman Dr. B. L. Hodes as Chairman of the Safety Council. Trustee Moses moved, seconded by Trustee Kelm, that the appointment of Dr. Hodes be approved. Motion carried unanimously. There being no further business, on motion by Trustee Neuman and seconded by Trustee Moses, the meeting was adjourned at 11:45 p.m. ATTEST: Village Clerk V -�- �' APPROVED: 2 President �J 1 1