02/02/1970 (2)February'2, 1970
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, February 2, 1970 at 8:25 p.m. The clerk called the roll
and reported that the following were
Present: Bernard Forrest, President
Jayman A. Avery, Jr.
Charles R. Bootz
George Kelm
George P. Schleicher
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: None
and that a quorum was present and in attendance at the meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
Moved by Trustee Slavin, seconded by Trustee Turner, that the minutes of
the regular meeting held January 19, 1970 be approved as corrected (Page 5, 2nd
line - "Youth" Council). Motion carried' unanimously .
Report -Staff Assistance to The manage'r'submitted a report on staff
P.C. - Referred to Finance Com. assistance to Plan Commissions in Lake
Forest, Highland Park and Northbrook. He
stated he was sure a full time employee could be Eired'for $12,000_ to $13,000
per year who would spend part of his time on Plan Commission work and the remainder
on other Village work.
Trustee'Slavin moved, seconded by Trustee Kelm, that the matter be referred
to the Finance Committee for consideration in connection with the proposed Budget.
Motion carried unanimously.
Report -BZA -Red .Balloon Sign
Atty.to Prepare Ordinance
Red Balloon Coffee Shop sign not
exceed 27 ft., to be located not
premises at the southwest corner
location of the sign to be deters
A report from the Board of Zoning Appeals
recommended that a variation be granted to
permit the erection of one free - standing
to exceed 75 sq. ft. in area, a height not to
less than 10 ft. from the property line on the
of Waukegan and County Line Roads, the exact
nined by the developer.
TrusteeoSlavin moved, seconded by Trustee Bootz, that the Village attorney
be directed to prepare the ordinance granting the variation in accordance with
the recommendation of the Board of Zoning Appeals.;
Motion carried unanimously.
Discussion -We -Go Park Drainage Discussion was had on the Village attorney's
Atty's Letter Re;Drainage letter regarding the Village's liability
for storm water drainage and flooding, with
particular reference to the proposed diversion of storm water from the We -Go Park
Subdivision area northward to Lake Eleanor. It was his opinion that the Village
would be liable for flooding resulting from the proposed diversion, and would also
be liable for flooding caused by an inadequate drainage system,! Sizes of storm
sewers in We -Go Park and the surrounding area were discussed. Trustee Slavin
expressed concern about the likelihood of demands for relief from residents in
areas where flooding has occurred if the We -Go Park flooding problem is corrected
at Village expense.
Map of Storm Sewers & The manager was directed to prepare a map
.Mailfald Easement Request of the storm sewer system; showing sizest and
points where storm sewers enter the receiving
streams. He was also directed to get in touch with Mrs. James Mailfald for the
purpose of obtaining an easement for storm water drainage from the Toll Road and
We -Go Park area.
Re: Scavenger Service & 1,16enses In connection with proposed changes in the
Municipal Code regarding scavenger services
and the number of licenses to be issued, a copy of the Option to Purchase.was
received from Messrs. Van Der Molen, Deerfield Disposal, and Mr. A. H. Gastfield.
The legality of the Option to Purchase was questioned by Trustee Slavin, who stated
it was his opinion that specifications for service and similar matters whould be
determined before deciding on bids and the number of licenses to be issued. A
lengthy discussion was had in which it was pointed out that two licenses had been
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issued for the year 1970. President Forrest stated that consideration of the matter
should start with recommendations for proposed changes in ordinances pertaining to
scavenger services, except for rates, and suggested discussion of specifications at
the next meeting. After decision is made on amendments, the Board would meet vith
the scavengers to discuss rates and licensing. Discussion of specifications for
scavenger services will be on the agenda for the next meeting.
Ordinance- Vacating St. Dedication Trustee Bootz moved, seconded by Trustee Turner,
50'x50' Tract - 1137 -41 Deerfield Rd. that the ordinance be adopted vacating the 50'
(1 -70 -7) x 50' tract at the southeast corner of the
property at 1137 -41 Deerfield Road, heretofore
dedicated for street purposes. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Discussion - Employment of Police Discussion was had on the employment of off -
by Other Police Depts. duty Deerfield policemen by Police Departments of
d`11_1�r other municipalities, namely, Bannockburn,
94,, Lincolnshire and Vernon Hills. President Forrest reported he had received a letter
N from Lt. Robert Charles, and had discussed the matter with officials of Lincolnshire
�+ and Vernon, Hills, who had urged that the Village allow the practice to continue.
He stated there have been questions from time to time regarding insurance, Workmen's
p Compensation, civil defense emergencies, where does a police officer's loyalty lie
when he is employed by two municipalities, and the liability of the Deerfield Police
Pension fund if a policeman is disabled in the service of another municipality that
does not have a Police Pension Fund. In connection with civil emergencies, he said
that the Lincolnshire official had stated that if the policeman is on duty, his first
obligation should be to the municipality he is serving at the time.
Several Trustees stated they were opposed to the regulation of what policemen
can or cannot do in their time off, and felt that work for another department was
more desirable than some other types of work. President Forrest stated the matter
must be clarified, and directed the manager to ascertain what rules other municipalities
have established regarding outside employment of policemen.
The meeting was recessed at 9:15 p.m., and re- convened at 9:35 p.m., all
members present.
1st Presentation - Ordinance The first presentation was made of an ordinance
WAter Connection Fees & Charges amending Section 23.105a of the Municipal Code
to establish water connection fees and charges.
The ordinance has been posted on the bulletin board in the Village Hall lobby.
1st Presentation - Ordinance The first presentation was made of an ordinance
Rezoning Burns Property to B -2 amending the Zoning Map of the Village to
classify the Burns property at the southwest
corner of Waukegan Road and Central Avenue , presently zoned R -6 Two - family residence
district, as a B -2 Central Business district. The ordinance has been posted.
Approve Personnel Rule Revisions Revisions to the .Personnel Rules which resulted
from the Agreement with the Cook County Police
Association were read and explained. Trustee Schleicher moved, seconded by Trustee
Kelm, that the revised rules be approved and adopted. Adopted by,the following vote:
Ayes: Avery, Bootz, Kelm,-Schleicher, Slavin, Turner (6)-
Nays: None (0)
Discussion - Architectural The Village attorney explained the legal aspects
Review;Ordinance of a proposed architectural review ordinance.
~ Trustee Slavin stated that it was his opinion
that, in the light of a Supreme Court decision, esthetics areeaaproper cexercise of
the police powers and a community can decide to be beautiful as well as practical.
Since the primary concern is the busine s§s'•di§trict;;the,-Village attorney suggested that
from a practical standpoint, archite &ral review powers might be delegated to the
Plan Commission with compliance as a condition for approval of a planned development.
The matter will be taken up at a worksh6p meeting.
Re: Snow & Ice Removal President Forrest reported that Mrs. Laura Lee
Sts. & Sidewalks Christoph, Evergreen Court, had asked for
comprehensive snow and ice removal from all
streets and sidewalks in the Village, and if funds are not available in the present
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budget, sufficient funds be allocated in the budget now being prepared. Mrs.
Christoph stated that Lake Forest and other nearby communities clear all streets
and sidewalks. She stated that in Derrfi &ld few people shovel their walks, and
many side streets are merely plowed after a snowfall leaving a residue of snow
and ice. She said the cul -de -sac on which she lives has ice left from the first
snowfall and only her walk has been cleared.
The manager explained that about one -half the streets are plowed on a
bare - pavement basis, all major streets are salted, and sidewalks serving schools a
are cleared. No cul -de -sacs or sidestreets are salted unless they serve schools.
He pointed out that clearing all streets and sidewalks would be very costly in
terms of equipment, employee time and salt. Sidewalk plows or blowers would have
to be purchased and additional employees hired.
The manager was asked to prepare and estimate of cost for a program of
Village -wide street and sidewalkssnow removal, breaking it down into the cost for
salt, equipment and man hours.
Authorize Civil Defense Property Trustee Kelm moved, seconded by Trustee
Request - Generators Slavin, that the President be authorized to
sign the request for Civil Defense surplus
property for acquisition of four standby generators.
Motion carried unanimously.
Reports - Communications The manager reported that a letter had been
received from Pullman Inc. expressing the
hope for continued interedt in the plan for refuse disposal by railroad haul. He
stated he had erroneoul6y given present costs for refuse disposal at $4.00 to
$5.00 per ton, but the cost was nearer $1.50 to $2.00 per ton, which made the rail
haul even less attractive from the standpoint of cost.
A letter was received from the Milwaukee Railroad thanking the Village for
bringing the hazardous pedestrian crossing at the station to their attention,
amd stating that the matter had been turned over to the A6si:s €antsto the Vice
President in charge of operations.
The Village attorney reported that the law suit Garfinkel vs. Deerfield
had been settled by the insurance company, but the policy requires the Village
to pay 15 per cent of the settlement of $2,000. Trustee Avery stated the 15
per cent contribution by the Village might be determined by the basis of the
premium paid. The manager was asked to investigate the matter, which will be
reviewed when the insurance becomes due.
A letter from the Village treasurer suggested that $1,000 from the Water,
SEwer and Street and Bridge Funds be transferred to the General Fund for rent,
rather than the $10,000 from each fund set forth in the budget. The manager was
directed to prepare the resolution authorizing such transfers.
The manager reported he had attneded the Illinois Commerce Commission
hearing on proposed rate increases by the Illinois _Bell Telephone Company, and
had talked with the examiner who had granted permission for the Village to present
its position in writing.
A letter from Baxter & Woodman stated that the Wilmot Road relief storm
sewer must be installed 6 feet from the edge of the pavement rather than 13 feet
as originally planned. Any additional costs for restaking the location will be
billed to Baxter & Woodman.
A letter was received from Senator Percy cbngratuliting the Village on its
ordinance prohibiting outside burning of refuse, but expressing doubt that it would
be an appropriate Federal law.
The manager reported an invitation had been received from Computer Manage-
ment Consultants to joinLin a program to computerize all accident reports. There
would be no charge for this service, but payment would be required for print outs.
Mrs. Christoph stated that as a member of the Safety Council, she had asked the
Police Department for a report on all.accidents, but had been told the accident
map was no longer maintained and the information was not readily available. She
urged that the map be kept up to date since the expense was minima..
The manager reported he had written to the State purchasing agent asking for
permission to purchase salt through the State.
Receipt was acknowledged of an anaysis of special assessments prepared by the
Village Treasurer.
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The President reported that an application for a liquor license had been
received from Phil Johnson, Inc. Copies will be sent to the Board.
The manager was directed to prepare a Proclamation as requisted by the Deerfield
area Historical Society.
Authorize Appeal The Village attorney reported that Judge Carey's
Brickyards Suit decision in the brickyards case had held that
the Village has no authority to condemn land
outride the Village for recreation, and that the referendum was not valid on the
basis that the proposition should have been divided into two questions. All other
matters were decided ingfavor of the Village.
Trustee Slavin moved, seconded by Trustee Kelm, that an appeal from Judge
Carey's decision be authorized. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
A report from the Village attorney regarding a proposed multiple -use building
to be constructed on the former Cullman Wheel property was referred to the Plan
Commission. No applicationnfor a building permit has been received.
d'
CV Trustee Schleicher stated that a new State law prohibits the pusligg of a
stalled vehicle by another car, on any State highway, which he understands would
include all streets in the Village. It was his opinion this law created a real
hardship during the cold weather. He then moved, seconded by Trustee Turner, that
the manager be directed to write to the Illinois Municipal League to request that
a law be introduced to limit application to numbered state highways. Adopted by the
followigg.vote:
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Ayes: Avery, Kelm, Schleicher, Slavin,. Turner (5)
Nays: BOotz (1)
Trustee Schleicher questioned the appropriateness of the design of the new
library building. He then moved, seconded by Trustee Turner, that the manager
write to the Library Board asking that they reconsider plans for the library
for a desigg more appropriate for its location. Adopted by the following vote:
Ayes: Avery, Kelm, Schleicher, Turner (4)
Nays: Bootz, Slavin (2)
There being no further business, on motion by Trustee Bootz, seconded by
Trustee Slavin, the meeting was adjourned at 10:30 p.m.
APPROVED:
ATTEST:
Village Clerk
& Lo--��
President