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11/19/1973240 November 19, 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, November 19, 1973 at 8:07 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 Absent: Daniel H. Stiehr 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 Moses moved, seconded by Trustee Brust, that the minutes of the regular meeting held November 5, 1973 be approved as corrected. (Pg. 236, para 11 - strike "unanimously", add "Trustee Kelm voting Nay ".) Motion carried unanimously. Approve Warrant No. W -73 -11 Trustee Brust moved, seconded by Trustee Kelm, that Warrant No. W -73 -11 - Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following v ote: Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: None (0) Approve Treasurer's Report In a discussion of the treasurer's report, Trustee Brust stated he was concerned about the growing deficit in the Street and Bridge Fund. Mr. Valentine stated the deficit this month was less than last month, and it was pointed out that revenue from the sale of krehicle licenses would be received during the next several months and would reinforce this account. Trustee Brust moved, seconded by Trustee Moses, that the 'treasurer's report be approved. Motion carried unanimously. Trustee Kelm said he hoped it would not be necessary to formally approve the treasurer's report each month. Approve Consent Agenda The Consent Agenda was presented for considera- tion, with several deletions and additions, as follows: CONSENT AGENDA Authorization for Infiltration /Inflow Analysis by Baxter and Woodman, cost not to exceed $6,000.00. Approval and authorization for execution of the final plat of Chesterfield's Laurel Hill Subdivision, Unit No. 7. Resolution accepting dedication of property for Park Avenue extension by Deerfield Park District, with Plat of Dedication attached. (R- 73 -23) Ordinance amending Section 24.1100 of the Municipal Code; Sewer Rates (0-73 -65) Ordinance amending Section 20.507 of the Municipal Code; Delete cab stand in front of Shopper-s'Court. (0- 73 -66) Ordinance amending Section 20.501 of the Municipal Code; No parking north side of Deerfield Road, Waukegan to Rosemary Terrace. (0- 73 -67) Trustee Kelm moved, seconded by Trustee Moses, that the rules be waived to permit action on the ordinances eliminating the cab stand and parking on Deerfield Road at their first presentation. Motion carried unanimously. Trustee Kelm moved, seconded by Trustee Moses, that the Consent Agenda be approved, including passage of the above listed ordinances. Adopted by the following vote: 241 Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: None (0) The President signed the ordinances indicating his approval thereof. Approve Signs The manager submitted drawings of non - standard signs Osterman R.R. Crossing for the Osterman Avenue railroad crossing, to warn motorists of the bump, poor sight distance, and to watch out for children. Trustee Moses moved, seconded by Trustee Gavin, that the Board approve and authorize erection of signs as recommended by the manager. Motion carried unanimously. Atty. to Contact Deerbrook & A letter from the Village attorney stated that U.C. Re: Annexation Agreement recently enacted amendments to the Statutes provide Extensions that Annexation Agreements may be made valid and enforceable for a period of ten years from the date of execution, and previous agreements still in force may be extended for an additional five years. This provision is applicable to both the-Deerbrook and United Conveyor Annexation Agreements. Trustee Kelm stated he saw no reason why the Agreements should be extended; both ,provide for the maintenance of fees in effect at the time the Agreements were executed, and if any revisions are sought by the owners, they must come to the Board for approval or rejection. President Forrest suggested that, if the Board approves extension of the Agreements, the owners be contacted and the matter put on the agenda for the next meeting. Trustee Neuman moved, seconded by Trustee Brust, that the Village attorney be authorized to contact the owner of Deerbrook Shopping Center regarding extension of the Annexation Agreement. Adopted by the following vote: Ayes: Brust, Gavin, Moses, Neuman (4) Nays: Kelm (1) Trustee Moses moved, seconded by Trustee Brust, that the Village attorney be authorized to contact the owner of United Conveyor Corporation regarding extension of the Annexation Agreement. Motion carried unanimously,. Approve Final Plat Deerfield Trustee Neuman moved, seconded by Trustee Gavin, Crossing Sub. (Vecchione) & that the final plat of Deerfield Crossing Sub - 2 Covenants division (Vecchione) be approved subject to com- pletion of documentation (recording number and date of recordation of Deed) and the recordation of Covenants immediately after the Plat is recorded restricting Lot 3 to recreational facilities and maintenance buildings and Lots 4, 5, 6, and 7 for single family residential purposes. Adopted by the following v ote: Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: None (0) Atty. to Prepare Ordinance A letter from Mr. Harold Winer, prosecuting attorney Re: Dangerous Dogs for the Village, recommended the enactment of an ordinaAce similar to the Lake Forest ordinance which states that no dog that has attacked or bitten any person or persons on two or more occasions within a 24 month period shall not be redeemed from impoundment by the owner unless the dog shall be permanently removed from the city immediately upon re- demption. Trustee Neuman stated the dogs which had attacked and bitten a child had not been apprehended, and he felt the present Village ordinances were more stringent than the one proposed. The Village attorney stated that Mr. Winer felt a dangerous dog should be defined and the proposed ordinance would be enforceable. Trustee Moses moved, seconded by Trustee Brust, that the Village attorney be directed to prepare an ordinance as recommended, and Mr. Winer be requested to be present at the next meeting. Motion carried unanimoulsy. Re: Parking Tickets - Chief of Police Warren Whitton reported he had Report at Next Meeting discussed a one -part parking ticket with the ).t Court and there was no procedure in Lake County Courts whereby such tickets could be handled. The one -part ticket proposed would state the amount of the fine for a parking violation and would set a date for a Court hearing if the fine is not paid within a stated period. Discussion was had on parking ticket forms and a schedule of fines for different types of parking violations. Chief Whitton asked for an additional two weeks to try to work out an acceptable ticket. He will report on parking tickets and a recommended schedule of fines at the next meeting. Loitering Ordinance Failed Trustee Brust moved that the ordinance be passed amending Chpater 28 of the Municipal Code by adding a new Article entitled "Loitering "; seconded by Trustee Neuman. A lengthy discussion was had on the proposed ordinance. Trustee Neuman read s ectinns of the Municipal Code which state that no person shall stand or loiter in a roadway if such act interferes with the lawful movement of traffic, nor on any sidewalk if such standing interferes with the use of the sidewalk by other pedes- trians. He suggested the existing ordinances be enforced by the Police Department, and stated the littering problem in the vicinity of High School Drive would be solved by enforcement of the State anti - littering law which will become effective January 1, 1974. Several members stated they were opposed to the proposed ordinance and felt the present ordinances should be enforced; if the existing ordinances are found to be not enforceable, consideration can then be given to the passage of the proposed ordinance. It was suggested that the ordinance be passed for a six month trial period, and if found to be not effective, it could then be repealed. Mr. Frederick Finne, Summit Drive, stated he was not aware of the existing ordinances. He said the High School has placed such stringent regulations on the smoking area that it will not be used, and the littering and loitering problem on High School Drive will continue. The North Trail Homeowners Association:.have voted to recommend the closing of the gate on High School:'if all other measures fail to alleviate the problem. His statements were confirmed by several members of the Association. Trustee Gavin stated the smoking area provided by the High School was very unattractive, and it was apparent to her that it would not solve the High School Drive problem. A resident of Summit Drive suggested the gate be closed for a three month trial period, and pointed out that the fence was in need of repairs. The motion to pass the ordinance failed by the following vote, Trustee Brust's Pass vote being counted with the majority: Ayes: Kelm (1) Nays: Gavin, Moses, Neuman (3) Pass: Brust (1) Trustee Moses moved, seconded by Trustee Neuman, that the fence at High School Drive be repaired and the gate closed. Trustee Kelm stated he felt,this action was too drastic, and he would like to see if enforcement of present ordinances will solve the problem. President Forrest asked the Police Department to enforce the ordinances and report on the results. He asked the homeowners to keep the Board informed on the effectiveness of the enforcement program. Trustee Gavin moved, seconded by Trustee Neuman, that the matter be postponed until the first meeting in January. Motion carried unanimously. Trustee Neuman asked the Public Works Department to clean up the litter in the area, on a daily basis if necessary, and the State anti - litter law be enforced after January 1, 1974. Trustee Moses suggested that Lt. Charles be asked to give a history on the enforcement of the present ordinances. The meeting'was recessed at 9:35 p.m., and reconvened at 9:45 p.m. Ordinance -Mun. Code Amend. Trustee Kelm moved, seconded by Trustee Moses, Chapter 18, Article VII that the ordinance be passed amending Chapter Nursing & Rest Homes 18 of the Municipal Code by adding a new Article (0- 73 -68) VII - Nursing and Rest Homes. Trustee Kelm suggested that no fees be charged for licenses for nursing and rest homes. He then moved, seconded by Trustee Moses, that Section 18.705(b), setting an annual license fee, be deleted, the succeeding paragraph re- lettered, and the Section title changed to conform to the deletion of the license fee. Motion carried u nanimously. L' 1 1 Trustee Brust stated he saw no reason why the Village should have and ordinance licensing nursing and rest homes when the Village has no one qualified to inspect and enforce State standards for such homes. He felt'the licensing,inspection and enforce- ment of State regulations should be left to the State and Lake County Health Department. The Village attorney stated a more prompt enforcement of State regulations was probable if the Village licenses nursing homes. The ordinance, as amended, passed by the following vote: Ayes: Gavin, Kelm, Moses, Neuman (4) Nays: Brust (1) The President signed the ordinance indicating his approval thereof. Personnel Rules to be Discussion was had on the revised Personnel Rules Re-Written and Regulations. The manager explained the Rules had been adopted by the Board approximately 14 years ago, and had been revised from time to time to bring them into agreement with the Police contract. In addition, a new section hsa been added at this time regarding overtime pay for Public Works employees, payment for meals and payment of straight time for four hours of sleep during periods of emergency, such as snowplowing. Credit of straight time for four hours of sleep will be given only during periods of extended emergency and is given at the discretion of the Public Works Director and only if 'the.employee.retuins at the end of the four hours. $1.50 will be paid at present for the meals. Trustee Neuman questioned the manner of pay for overtime work for Public Works employees, particularly payment for four hours of sleep. He felt a better method of payment for overtime should be provided, and also questioned whether $1.50'.per meal was sufficient. Public Works Director Klasinski stated an employee is sent home for sleep only after working for 16 hours, and he would probably not return to work after four hours unless some incentive is given. Trustee Brust pointed out that a part of the Rules pertained to elected officials and employees, and there was no differentiation made between supervisory and regular employees. Trustee Neuman stated he had been a member of the Board for approximately 2 -1/2 years, and this was the first time he had seen these Pules. He suggested that, if rules are to be adopted, the entire matter should be studied and re- worked to be consistent with the policies which the Board wishes to promulgate. Decision was made to remove this matter from the agenda until such time as the rules have been reorganized and revised, and copies shall be given to the Board to review prior to posting the revised rules. Reconsider Help Line Contribution Trustee Brust stated that the Board had authorized at Next Meeting a contribution of $100 per month to the North Shore Help Line at the last meeting, and he questioned whether this was a proper and legal use of tax money. Trustee Kelm stated he felt the Village had the authority to make such a contribution, but he questioned whether it was appropriate to contribute Village funds for this purpose. Trustee Brust moved, seconded by Trustee Kelm, that the contribution be reconsidered. Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Moses (4) Nays: Neuman (1) President Forrest stated the Youth Worker had found there were-,some discrepancies in the reports about the funding of the Help Line, and he felt this information should be checked out, and the people in charge of the program should be present for any dis- cussion of funding. Trustee Kelm moved, seconded by Trustee Gavin, that discussion of the-question be postponed for two weeks, and the Youth Worker be requested to be present at that meeting, as`wellcas:crepresentatives. from the Help Line and Youth Council. Motion carried unanimously. Discussion was had on whether the payment of $100 to the Help Line as approved with the pre -list of bills. Trustee Neuman stated he was not opposed to a full discussion on the question of continuing the contribution, but he would be averse to withholding the first check. Trustee Brust moved, seconded by Trustee Kelm, that the pre -list of bills be re- Considered. The motion failed by the following vote: Ayes: Brust, Kelm (2) Nays: Gavin, Moses, Neuman (3) 244 0 rdinance-Mun. Code Amend. 2 Class A (Beer) Licenses Passed - Not Signed (0- 73 -69) Trustee Neuman moved, seconded rules be waived to permit action on the ordinance at Adopted by the following vote: Moses, that the presentation. The ordinance was presented amending Section 15.009 of the Municipal Code by providing for two Class A (beer) licenses. Ayes: Gavin, Kelm, Moses, Neuman (4) N ays: Brust (1) by Trustee its first Trustee Brust stated he was opposed to passage;,of,.a piecemeal amendment to liquor licenses, and felt strongly that the question should be voted on in a refer_ e ndum. The Village attorney explained both the Township and Village had held referenda on the question in 1941, and there was no provision in the Statutes which would permit a referendum to lift restrictions on the sale of liquor only in the Village, but such legislation could be requested. Trustee Neuman moved, seconded by Trustee Moses, that the ordinance be passed. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman (4) Nays: Brust (1) The President stated he was withholding approval of the ordinance at this time, and would report his - decision to the Board at the next meeting. Atty. to Prepare Bill for Trustee Neuman moved, seconded by Trustee Legislation Re: Liquor Brust, that the Village attorney prepare. R eferendum proposed legislation for Senator Karl Berning and Representative Dan Pierce to submit to the General Assembly to allow the Village to have control over the sale of liquor--within the municipality, and authorize a referendum to clear up the pro- hibition imposed in the past in other referenda. Motion carried unanimously. Resolution Disapproving Lake- Trustee Neuman moved, seconded.by Trustee Cook Road Improvement Moses, that the Resolution be passed dis- (R-73-24) approving of the improvement of Lake -Cook Road by the Cook County Highway Department. Mrs, Laura Lee Christoph stated she was opposed to the passage of this Resolution and that Lake -Cook Road should be widened and improved as soon as possible. The heavy traffic on the narrow two -lane road is a hazard and often makes it impossible to safely enter Lake -Cook Road from the Briarwood Vista Sub - d ivision. The Resolution passed by unanimous vote. Joint Resolution-H.Y. & Deerfield Trustee Neuman moved, seconded by Trustee Common Boundary Developments Moses, that a joint Resolution by the Board (R- 73 -25) of Trustees of Deerfield and the City Council of Highland Park on common boundary develop- ments be passed. Adopted by the following vote: Ayes: Brust, Gavin, Moses, Neuman (4) Nays: None (0) Pass: Kelm (1) Reports- Requests & Communications Trustee Neuman asked that discussion'of requiring attendance at pre -bid meetings be postponed until the December 17, 1973 meeting. Trustee Brust asked for a report on a proposed amendment to the Subdivision Ordinance which would require a preliminary plat of subdivision to show the elevation of more land than that property which is proposed to be subdivided. Trustee Gavin reported the proposed Deerfield Road underpass has been assigned a No. 3 priority. If the road is designated as part of the Federal Aid Urban System a federal grant of 70 per cent of the cost of the construction could be available. Trustee Neuman asked for information on what control over the road the Village would lose if it is designated a Federal Aid Urban system road. Trustee Moses said Deerfield Road was not suitable for the amount of traffic it carries, particularly truck traffic. He suggested consideration of the matter be postponed and he will check on a truck ban. 1 1 1 1 245 A public hearing will be held on December 3, 1973 on the application of Sally Ann Parsons for a Certificate of Public Convenience for a livery service. Atty. .to *Prepare Ordinance _ A memorandum from the Village Attorney suggested Access to Entertainment Bldgs. an amendment to the motion picture and bowling alley regulations which would require a licensee to provide an accees way for pedestrians and bicycles only from the nearest public way to the principal entrance to the building. Trustee Neuman moved, seconded by Trustee Moses, that the Village attorney be instructed to prepare an ordinance requiring such access ways. Motion carried unanimously. Re: Cab & Cab Driver Licenses of the fact that the Village had received information from revenue source and the Board the residents of Deerfield. be permitted to register and minimum payment. Trustee Neuman stated there were many complaints about poor cab service, but he had not been aware requires both licensing of cabs and cab drivers until he m the manager. He said cab licenses were not a major should be interested in providing better cab service for He suggested that cabs licensed in surrounding communities pick up passengers in the Village with no further or a Trustee Moses stated he agreed with Trustee Neuman that better cab service was needed. Representatives from the cab company had been present earlier in the evening to discuss this matter. He asked that cab regulations be put on the agenda for the next meeting when a representative from the cab company will be present. Trustee Neuman suggested the cab regulations be reviewed for any revision which would make it easier to get a cab. He suggested reciprocity with Highland Park and Lake Forest as a possibility. A meeting with representatives of the Milwaukee Road will be held on December 10, 1973 for a :discussion of railroad station improvements. There being no further business, on motion by Trustee Gavin and seconded by Trustee Moses, the meeting was adjourned.at 11 :35 p.m. ATTEST: Village Clerk APPROVED : . ` ItAj4 7� AJ�, �`- Presi ent