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06/21/19711715 June 21, 1971 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 21, 1971 at 8:20 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 M. Jay Turner, Jr. Absent: Charles R. Bootz Stephen M. Slavin 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 Neuman moved, seconded by Trustee Kelm, that the minutes of the regular meeting held June 7; 1971 be approved as submitted. Motion carried unanimously. Reject Bids -North Ave. Sealed bids for the joint Deerfield-Bannock- Improvements burn improvement of North Avenue were opened and read as follows: Peter Baker & Son $9,212.00 $500 Bid Check Skokie Valley Asphalt 9,650.00 $500 Bid Check Both bids exceeded by a substantial amount the bid received by Bannockburn from Libertyt.Asphalt Company in the amount of $7,700.00. Bannockburn Trustee Robert Doetsch stated he was sure Libetty Asphalt would honor its original proposal. Trustee. Turner moved, seconded by Trustee Kelm, that the bids of Peter Baker & Son and Skokie Valley Asphalt for North Avenue improvements be rejected. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Turner (4) Nays: None (0). Accept Liberty Asphalt North Ave. improvement Share Cost 50/50 to Bannockburn, and th, the joint improvement, Bid Trustee Kelm moved, seconded by Trustee $7700 Turner, the acceptance of the bid of Liberty Asphalt Products in the amount of $7,700.00 for North Avenue improvements, as submitted a Board authorize the expenditure of one -half the cost of $3,850.00. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Turner (4) Nays: None (0) Budget Disguts16n: &_Changes President Forrest reported some changes had been made in the Budget, including the following: Special Police Details - $6,000; manager's salary increased to $26,000; Planning aid - $9,500; assistant to manager - $10,000; youth worker deleted from Police Department budget; Communications officer David Moon salary increased to $7,700; anticipated sales tax income increased to $390,000; and additional items including purchase of property recommended by the Budget Committee, library building maintenance and improvements for Waukegan Road. Trustee Kelm moved, seconded by Trustee Neuman, that discussion of the budget be deferred until Trustee Slavin arrives. The motion failed with the following vote: Ayes: Kelm, Neuman (2) Nays: Brust, Turner, Forrest (3) Trustee Slavin entered the meeting at 8:35 p.m. and was present thereafter. Trustee Kelm moved, seconded by Trustee Slavin, that the budget be amended by the addition of a youth worker in the Police Department with a salary of $13,500, and the salary ordinance be changed to conform with this addition. Trustee Neuman stated he had discussed the matter of a youth worker with municipal officials at the Illinois Municipal League Conference for newly elected officials at Springfield, and as a result of these discussions had concluded the youth worker should not be under the Police Department. Discussion was had on whether the youth worker should be an employee of the Police Department, and Trustee Neuman recommended that the Youth Council, Family Service and other organizations be con- sulted. Trustee Neuman moved, seconded by Trustee Slavin, that Trus�ee.Kelm's motion be amended to provide that the youth worker shall not be an employee of the Police Depart- ment, but shall be paid from the General Office Salary Fund. Motion carried unanimously. Discussion was had on to whom the youth worker should be accountable, and decision made that this could be determined later. Trustee Kelm- -'s motion as amended was adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, ("4) Nays: Turner (1) Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) ftlicy- Public Hearing on Budget Trustee Neuman moved, seconded by Trustee Kelm, that it be the policy of the Board that con- sideratim of the budget include a public hearing at which time the proposed budget is presented, and Board action on the budget be taken no sooner than one week after the public hearing, and, as proposed by Trustee Slavin, the Budget Committee be abolished and the Board as a Committee of the Whole formulate the draft of the budget to be presented at the public hearing. Motion carried unanimously. Salary Ordinance Trustee Brust questioned the inclusion in the (0- 71 -17) salary ordinance of the youth worker at $13,500, the planning aid at $9,500 and the salary of approximately $7,000 for the part time draftsman. It was explained that it was the intention of the Board to employ a graduate student on a part time basis as a planning aid, and someone else could be hired as a draftsman. Mr. Robert Busch stated many people were concerned about a youth worker, and commended the Board, especially Trustees Neuman and Kelm, for making provision for the employment of a youth worker. Trustee Kelm moved, seconded by Trustee Brust, that the Salary ordinance be adopted as amended. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin (4), Nays: Turner (1) The President signed the ordinance indicating his approval thereof. Approve Warrant W -71 -6 Trustee Brust moved, seconded by Trustee Turner, that Warrant No. W -71 -6 - Payment of bills including fund trasnfers and reimbursements, be approved. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) Appointments President Forrest proposed the appointment of the following to the various Boards and Commissions: Manpower Commission: Ronald Olsen Youth Worker Salary $13,500 Trustee Kelm moved, seconded by Trustee Slavin, that the youth worker's salary of $13,500 he �r added to the budget and salary ordinance. Adopted by the following vote: CV �+ Ayes: Brust, Kelm, Neuman, Slavin (4) U Nays: Turner (1) Q Adopt(,Budget Trustee Neuman moved, seconded by Trustee Kelm, that the budget be adopted as ::amended. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) ftlicy- Public Hearing on Budget Trustee Neuman moved, seconded by Trustee Kelm, that it be the policy of the Board that con- sideratim of the budget include a public hearing at which time the proposed budget is presented, and Board action on the budget be taken no sooner than one week after the public hearing, and, as proposed by Trustee Slavin, the Budget Committee be abolished and the Board as a Committee of the Whole formulate the draft of the budget to be presented at the public hearing. Motion carried unanimously. Salary Ordinance Trustee Brust questioned the inclusion in the (0- 71 -17) salary ordinance of the youth worker at $13,500, the planning aid at $9,500 and the salary of approximately $7,000 for the part time draftsman. It was explained that it was the intention of the Board to employ a graduate student on a part time basis as a planning aid, and someone else could be hired as a draftsman. Mr. Robert Busch stated many people were concerned about a youth worker, and commended the Board, especially Trustees Neuman and Kelm, for making provision for the employment of a youth worker. Trustee Kelm moved, seconded by Trustee Brust, that the Salary ordinance be adopted as amended. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin (4), Nays: Turner (1) The President signed the ordinance indicating his approval thereof. Approve Warrant W -71 -6 Trustee Brust moved, seconded by Trustee Turner, that Warrant No. W -71 -6 - Payment of bills including fund trasnfers and reimbursements, be approved. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) Appointments President Forrest proposed the appointment of the following to the various Boards and Commissions: Manpower Commission: Ronald Olsen '4 RI Human Relations Commission: Mrs. Diana Diamond Mrs. James Pollack Youth Council: Robert Hart W. Barker French Mrs. Sally Martin William Rauch Safety Council: Walter Moses, Chairman (One vacancy) Board of Building Appeals: Maury Lipowich Board of Police Commissioners: James Bente Board of Zoning Appeals: Richard Lorenz George McLaughlin Plan Commission: Dan Stiehr, Chairman Mrs. Cynthia Marty Richard Morris (to fill unexpired term of Trustee Brust) Trustee trust moved, seconded by Trustee Neuman, that the appointments be approved. Trustee Slavin moved, seconded by Trustee Kelm, that the matter be tabled until the next meeting. The motion failed with the following vote recorded: Ayes: Kelm, Slavin (2) Nays: Brust, Neuman, Turner (3) Trustee Brust's motion to approve the appoinments was adopted by the following vote: Ayes: Brust, Neuman, Turner (3) Nays: Kelm, Slavin (2) Approve Final Plat Trustee Kelm moved, seconded by Trustee Brust, Sweeney - Kloepfer Sub. that the final plat of the Sweeney- Kloepfer Subdivision (a resubdivision of Lots 67 and 68, Hovland Subdivision) be approved, as recommended by the Plan Commission. Motion carried unanimously. Approva Final Plat Trustee Turner moved, seconded by Trustee Brust, Laurel Hill Unit #4 that the final plat of Laurel Hill Subdivision, Unit X64, be approved as recommended by the Plan Commission, subject to filing bond or cash escrow for improvements. "' n Motion carried unanimously. Approve Final Plat Trustee Brust moved, seconded by Trustee Turner, Kottrasch Sub*. that the final plat of the Frank Kottrasch subdivision be approved, as recommended by the Plan Commission and covenanted for single family residence use under the R -S classi- fication, subject to posting bond or cash escrow for required improvements. Motion carried unanimously. S.C. Report -North Trail Tot Lot A report from the Safety Council recommended Authorize Ordinance 3 -way Stop that 3 -way stop signs be erected at the inter- section of Portage Pass and North AVenue where the Park District has completed a tot lot. Also recommended were a green - painted cross walk and a "Playground ahead" sign to warn motorists approaching from the east. The - Safety Council stated there was no sidewalk between the curb and the tot:ilot, and suggested the Board may wish to consider the construction of a sidewalk in this location. Trustee Kelm moved; seconded by Trustee Slavin., that the Village attorney be directed to prepare the ordinance for the 3 -way stop recommended by the Safety Council. Motion carried unanimously. The manager reported that the crosswalk would be painted and the " Playgound ahead" sign installed. It was the consensus of the Board that the sidewalk was un- necessary. WIN S.C. Report Re: Rosemary Traffic A report from the Safety Council stated that two letters had been received from residents of Rosemary Terrace, who complained about traffic on Rosemary Terrace caused by motorists who use Rosemary to avoid the traffic lights at the Waukegan- Deerfield Road intersection,.. and asked for temporary signs to slow down traffic. The Council stated they saw no'- solution to this problem, and referred the matter to the Board for consideration. Trustee Brust asked that copies of the Safety Council's report be sent to the residents of Rosemary Terrace who had written abaut the traffic problem. Mr. James Clavey, Westgate Road, stated one of the problems on Rosemary-Terrace was children playing in the street. Trustee Kelm stated he had recently observed five groups of children playing in the street on Hackberry Road, and none seemed interested in moving out of the way of traffic. He stated it was his opinion this was a matter of education for both parents and children, and suggested the matter be referred to the Safety and Youth Councils. Mrs. Laura Lee Christoph urged the Board to take action to prohibit playing in the streets. The Village attorney read the section of the Municipal Code which prohibits playing in the streets, and suggested that the Police Department be directed to enforce the ordinance. S.C. Report - DiPietro Development A report from the Safety Council stated they did not agree with the report submitted by Mr. Paul Box regarding the proposed DiPietro development and location of the collector street. Review of MacDonald's driveways was suggested, and the street from Waukegan Road to the Golden Bear was stated to be a hazard. The manager stated that accident studies indicated that the south MacDonald driveway was a major accident producer. President Forrest directed that this matter be put on the agenda for the next meeting, and copies of the Box report and map be sent to the Board for review. S.C. Report Re: 1432 -38 Waukegan A report from the Safety Council stated they had neither the expertise of sufficient information to evaluate the impact of business zoning at 1432 -1438 Waukegan Road. President Forrest stated no action was required since the Board had decided not to refer the matter to the Safety Council The meeting was recessed at 9:30 p.m., and reconvened at 9:45 p.m. Report -Sump Pump Inspections The manager reported that letters had been sent to residents of We -Go Trail and Clavinia Sub- divisions to'arrange appointments for sump pump inspections, and work was continuing on re- inspections. President Forrest asked that written reports on sump pump inspections be prepared. The manager reported that the sewage treatment plant had been overloaded in the recent heavy rainfall and 14 million gallons of untreated sewage and storm water had been discharged into the drainage ditch. A power failure added to the number of basements which were fl6oded.- A joint meeting with the Plan Commission is scheduled for Thursday, July 1st, and a meeting with Dr. Hal Sundin of Bsxter and Woodman will be arranged. Authorize $400 Re: Odor Problem The manager reported that the odor from the brickyard landfill was very noticeable Wednesday night,.Hune 16th, and on Thursday, June 17th Mr. Salzenstein of Polytechnic, Inc. had toured the area with Public Works Director Klaskinski. There was an odor from decomposing vegetation and other materials with hydrogen sulfide gas present. Trucks were dumping grass and pictures were taken although they were refused permission to go on the site. Odors from the Sara Lee pre- treatment plant were also evident that day. The Lake County Health Department was notified that grass was being dumped. The Village attorney stated that Mr. Salzenstein had an odor from the landfill, and mentioned grass as a possible an odor from the Sara Lee pre- treatment plant at the time of from the landfill were mild, and Mr. Klasinski had agreed th they.have been on some other occasions. He recommended that complaints be kept, showing dates, times and wind direction. reported there was definitely source. There was also the inspection. The odors ay were not as severe as a cumulative record of On the matter of dumping grass, the Village attorney recommended that the Health Department be pressed to stop this practice as a violation of the landfill permit. The manager recommended that the Village attorney write to the Health Department since • P y previous letters from the manager and President Forrest had not been effective. Trustee Neuman moved, seconded by Trustee Slavin, that the expenditure of an additional $400.00 be authorized for odor investigation. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (�) Nays: None (0) Trustee Brust suggested gas analysis as a means of obtaining definite proof of odors. Trustee Slavin stated that if grass is being dumped, it should be possible to get'an injunction on the basis of violation of the permit. He also recommended that the letters to the Health Department and the landfill operator be written by the Village attorney. President Forrest stated the Police Department has been keeping 'a record of complaints about odors, and asked the press to publi- cize a request for complaints on odors. Environmental Control Commission Corrections to the revised ordinance creating Ordinance Failed to Pass an Environmental Control Commission were made On Next Meeting Agenda as follows: First paragraph, second line - the words "to be" deleted; Section 18.604 E to read - "E To strive to create among the citizens of Deerfield anlawareness of the problems created by environmental pollution." Trustee Neuman moved, seconded by Trustee Slavin, that the ordinance be passed as corrected. Trustee Brust stated in his opinion an eight member commission was unworkable, and moved that the ordinance be changed to provide for a three member commission representing the professions of science, law and engineering. Seconded by Trustee Turner. Trustee Neuman stated the eight member commission had been thoroghly dis- cussed at the last meeting, and approved, and pointed out that the ordinance as written would pamit the appointment of sub - committees of professionals to take up specific problems of pollution when the eight member commission deemed it necessary. The motion for a three member commission failed by the following vote: Ayes: Brust, Turner (2) Nays: Kelm, Neuman, Slavin (3) The motion to pass the ordinance failed to carry with the following vote recorded: Ayes: Kelm, Neuman, 'Slavin (3) Nays: Brust, Turner, Forrest (3) President Forrest asked that the ordinance be put on the agenda for the next meeting for re- consideration. Ordinance -Mun. Code Amend. Trustee Kelm moved, seconded by Trustee Brust, Sec. 24.212,24.501, 24.817 that the ordinance be passed amending Sections Plastic Pipe 24.212, 24.501 and 24.817 of the Municipal _ (0- 71 -18) Code, pertaining to the type and use of plastic pipe. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. 1st Presentation - Ordinance The first presentation was made of an ordin- Zoning Map & Plat Approval ance amending Section 8.905 of the Municipal Code with respect to approval of plats and the official zoning map of the Village. The ordinance is posted on the lobby bulletin board. Approve N.S. Gas Agreement The Village attorney reported he had reviewed Re: Free Gas the franchise gas allowance agreement sub- mitted by the North Shore Gas Company which provides that gas f6ilheating and hot water will be supplied without charge for the Village Hall and Police Department, the Village garage, and the new library building in lieu of any franchise tax or fees. He stated the village has no authority at i present to levy a franchise tax of charge fees, but if the Village becomes a Home Rule municipality the right to levy the tax is waived by the agreement. The manager stated the gas furnished without charge could amount to approxi- mately $3,500. Discussion was had on the agreement, its benefits and limitations. Trustee Kelm stated he would like further clarification before action is taken on the agreement. Trustee Slavin moved, seconded by Trustee Turner, that the agreement with North Shore Gas Company be approved, and execution thereof be authorized. Adopted by the following vote: Ayes: Brust, Neuman, Slavin, Turner (4) Nays: Kelm (1) Authorize Ordinance Mass Transit District and action thereon will presumably The manager reported that Libertyville, Glenview and Northbrook are considering ordinances cre- ating the North Suburban Mass Transit District taken in July. Trustee Slavin moved, seconded by Trustee Kelm, that the Village attorney be directed to prepare an ordinance providing for participation in the Mass Transit 1W District in conformance with the model ordinance prepared by the Milwaukee Railroad. L.i Motion carried unanimously. 1st Presentation Ordinance The first presentation was made of the ordinance Annexing Part of Waukegan Rd. annexing part of Waukegan Road in Cook County. The ordinance has been posted on the lobby bulletin board. Approve Amendment Amendments to the Personnel Rules and Regulations Personnel Rules were presented pertaining to holidays, annual leave, sick leave, uniform allowances and health and welfare insurance, in conformance with the Cook County Police Association contract. Trustee Kelm moved the approval of the rules as submitted. Seconded by Trustee Brust and adopted by the following vote: Ayes: Brust, Kelm, Neuman, Turner (4) Nays: Slavin (1) Report -S /A 108 Hovland The manager reported that an inspection had been Improvements made on the progress of Hovland improvements installed by Zera and Ritacca under Special Assess- ment No. 108. Street inlets have been cleared, cracks in streets filled and parkways have been seeded, but many parkways are in poor condition with many weeds. President Forrest directed that this matter be put on the agenda for the next meeting, and the contractors be informed that their progress would be reviewed. Re: Vehicle Licenses for Trustee Brust stated that the question on vehicle Antique Cars. licenses for antique cars had been resolved at the last meeting by a directive to the Chief of Police-that antique cars (over 30 years old) be exempted from the requirement for a vehicle license. It was his opinion this exemption should be established by an amend- ment to the ordinance rather than by a directive not to enforce the present ordinance. Trustee Brust then moved, seconded by Trustee Turner, that an ordinance be prepared exempting antique cars over 30 years old from the requirements of the vehicle license ordinance. Trustee Neuman stated he could see no justification for eliminating the $10.00 fee for antique cars. The mtoion failed by the following vote: Ayes: Brust, Turner (2) Nays: Kelm, Neuman, Slavin (3) Deerfield State Bahk Plan R.R. Parking Lot include a drive -in banking by the bank. The Village the banking facility is to Mr. John Willut of the Deerfield State Bank presented a plan for improvement of the parking facilities at the railroad station which would facility, financing of the improvements to be undertaken attorney stated a change in zoning would be required if be constructed. President Forrest stated the concept of parking facilities at the railroad station.has not been completely approved, and the matter would be put on the agenda for the workshop meeting with the Plan Commission to be held July 1st. Report - Claims for Damages Reports from George W. Kennedy Construction Hovland S/A 107 Company and the manager stated that claims for damages alleged to have resulted from installation of sewer and water mains under Special Assessment No. 107 had been investigated, and of the seven claims filed only one, that submitted by Mr. Beloin, appeared to be justified and payment of $100 should be adequate to settle the claim. Some of the claims were for trees in the street-- right -of -way and therefore there is no liability, and damage to shrubs was temporary and has been replaced by new growth. Mrs. Florence Becker, 244 Kenmore, stated a large maple tree on her lot had died as a result of the construction and requested payment for this tree. It was determined that if the claim , if justified, was the result of sidewalk con- struction by Zera Construction Company, and Mr. Kennedy was not liable. Mr. Kennedy stated he would give the Village a letter holding the Village harmless from any legal action which may result from calims for damages. Trustee Turner suggested that Mr. Kennedy get releases and the hold harmless letter to the Board >. and final action would be taken. Discussion - Excess Facility Use The manager reported that billing for excess Rate - Tailed to B &W Meeting facility use rates had been overlooked and in computing charges to be billed to Sara Lee it appeared that these charges were also applicable to homeowners. He explained the background for these charges which in effect were devised to prevent dilution of sewage to comply,,, with standards established in the sewer use ordinance. He suggested as a possible solution that the allowable gallonage per acre per day be increased to 6,000 gallons which would exclude residences from application of the excess facility use rate. He stated the ordinance as written was not clear. Trusfne.Neuman moved, seconded by Trustee Kelm, that the Village attorney redraft the ordinance to protect from sewage dilution by industrial users, and the surcharges incurred up to the present time by industrial users and homeowners be waived. Discussion was had on the need for an excess facility use rate and whether an increase in the allowable gallonage per acre,per_ day was justified. Plan Commission Dan Stiehr stated it was his opinion that the State's higher standards for sewage treatment and problems of environmental pollution should be considered and no decision made until all aspects are evaluated. Trustee Slavin suggested that this matter be discussed with Baxter and Woodman in the proposed workshop meeting, and moved that the matter be tabled. Seconded by Trustee Turner, and adopted by the following vote: Ayes: Brust, Slavin, Turner (3) Nays: Kelm, Neuman (2) Policy - Outdoor Displays The Village attorney reported a problem had Handled Administratively arisen in connection with a boat and trailer display proposed by the Deerbrook Shopping Center, and recommended that guidelines be established for such promotions. After discussion, decision was made that requests for such promotional displays should,be handled administratively by the manager, and any specific questions which may arise in connection with such displays will be taken up with the Board for guidance. Authorize Plans.& Specs. The manager recommended that the overlayment Pine Overlayment of Pine Street be undertaken as this year's major Motor Fuel Tax project for this year. Trustee Neuman stated many streets in the Villgge were deteriorating and proposed that the use of salt for ice control be investigated as a contributing factor to pavement deterioration. He also suggested a survey of all streets in the Village and priorities be established for payement overlayment. Trustee Slavin moved, seconded by Trustee Turner, that Baxter and Woodman be authorized to prepare plans and specifications for overlayment of Pine Street. Adopted by the following vote: . Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: None (0) 1st Presentation The fist presentation was made of the Appropria- Appropriation Ordinance tion Ordinance for the year May 1, 1971 to April 30, 1972. The manager reported that the following changes would be made: An appropriation for the contract purchase of the Yous property at 807 Park Avenue, and an appropriation of $40,000 for public benefits, although no levy would be made. Trustee Brust stated no appropriation hdd been made and asked that the Plan Commission be added to the list of Boards and Commissions. The manager stated an appropriation of $10,000 would be added for the Plan Commission. The ordinance has been posted on the lobby bulletin board. Trustee Neuman stated the Board had approued a public hearing on the budget next year and suggested that the Board might wish to consider the enactment of a budgetary ordinance as authorized by statute. The manager stated there were some advantages in this procedure for larger cities, but the treasurer felt it would not be desirable for a municipality the size of Deerfield! 1st Presentation - Ordinances The first presentation was made of two ordinances, Mun. Code & Zoning Amendments one amending the Municipal Code, the second the Zoning Ordinance in conformance with the �r recommendations of the Plan Commission. Trustee Brust stated one correction had been omitted, and asked that the term. "Conditional Use" be changdd�to "Special Use ". President Forrest stated the next regular meeting would be held on Tuesday, July 6th, since July 4th will be celebrated on Monday. d p. There being no further business, on motion by Trustee Turner, seconded by Trustee Brust, the meeting was adjourned at 12:15 a.m. APPROVED: President ATTEST: Village Clerk