10/04/1971 (2)V
October 4, 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 Chamber of the
Village Hall on Monday, October 4, 1971 at 8:35 p.m. The clei-k called the roll
and reported that the following were
Present: Bernard Forrest, President
Albert E. Brust
Werner.E. Neuman
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: _ Charles R. Bootz
George Kelm
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 Brust moved, seconded by Trustee Slavin, that the minutes of the
regular meetingheld September 20, 1971 be approved as submitted. Motion carried
unanimously.
P.C. Report "B" Zoning A proposed amendment to the "B" Business
Authorize Ordinance regulations of the Zoning Ordinance was
received from the Plan Commission with a
recommendation for adoption. Trustee Brust stated the proposed amendment had been
the subject of two hearings and several workshop meetings with the Board of Trustees.
He then moved, seconded by Trustee Slavin, that the Plan Commission's recommendation
be approved, and the Village attorney be directed to prepare the amending ordinance.
Trustee Kelm entered the meeting at 8:42 and was present thereafter.
Discussion was had on subsection w, page 8, which would permit "Other busi-
ness uses that are engaged in the retail sale of new goods, new merchandise or .
services to consumers within an enclosed structure ". The Village attorney, in his
letter of September 30, 1971,.had questioned the validity of this subsection.
Plan Commission member Richard Deutsch stated he agreed with the Village attorney
to some extent, but. it was the opinion of the Plan Commission that this section
would provide needed flexibility and was worth the risk of being held invalid by
the court. He pointed out that the separability clause would protect the remainder
of the ordinance. Also discussed was subsection f, page 9, regarding modification
of the special use regulations by the Plan Commission. Trustee Slavin stated it
was his opinion modifications should be approved by the Board of Trustees.
Mrs. Laura Lee Christoph, 90 Evergreen, stated she was opposed to the amend-
ment as not giving proper proteciion'to homeowners. Trustee Brust stated the home-
owner was given',greater protection by the proposed amendment.
Trustee Slavin moved, seconded by Trustee Neuman, that the previous motion
be amended by directing the attorney to prepare the ordinance as amended by his
atommendation of September 30, 1971. Adopted by the following vote:
Ayes: Kelm, Neuman, Slavin, Turner (4)
Nays: Brust (1).
Trustee Slavin moved, seconded by Trustee Neuman, that subsection f, page 9
be,.amerided to provide that special use regulations may be modified by the Board of
Trustees as recommended by the Plan Commission.
Motion carried unanimously.
The motion, as amended, carried unanimously.
Trustee Brust asked that the typographical error in the first line in para-
graph No. 3 on page 1 be corrected to read "For the orderly improvement --------
BBA Report - Structures Less A report was received from the Board of
than 2500 Sg. Ft. In Fire Limits Building Appeals recommending the enactment
Tabled of an amendment to the National Building Code
pertaining to structures of 2,500 sq. ft. or
less cpnstructed within the Fire Limits. Trustee Kelm stated the building commissioner
or a member of the Board of .Building Appeals should be present when such technical
matters are presented.
Trustee Neuman moved, seconded by Trustee Brust, that the matter be tabled.
Motion carried unanimously.
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President Forrest reported the Manpower Commission is interviewing all applicants
for appointment to the EnvLronmefital Commission and will finish next Wednesday. The
Manpower CommissioniSS. recommendations on appointments will be received before the next
meeting. Trustee Slavin commended the Manpower Commission for its diligence.
Ordinance -Mun. Code Amend. Trustee Neuman moved, seconded by Trustee Kelm,
Professional Youth Worker that the ordinance be passed amending Chapter 7
(0- 71 -44) of the Municipal Code by adding a new Article III-
Professional Youth Worker and defining appointment,
function and supervision of the position.
Jack Leslie, President of the Student Councl'at Deerfield High School, presented
additional petitions signed by persons, mostly adults, who urged appointment of the
Youth Worker by the Chief of Police. The petitions were signed by more than 200 resi-
dents. He stated it was a matter of philosophy and it was the considered opinion of
many that the appointment should be made by the person to whom he will be responsible.
Trustee Slavin stated the manager is held responsible for the operations of the Village
and it would be an unfortungte mistake to take away the authority of appointment when
he is charged with this responsibility. President Forrest read a statement assuring
the Board and the residents that the most qualified person will be appointed.
Trustee Slavin moved, seconded by Trustee Kelm, that "Youth Council "be added to
Section 7.301 of the ordinance, to redd "The Village Manager, upon consultation with
the Chief of Police and Youth Council, is authorized to appoint - - - - -"
Motion carried unanimously.
The ordinance was passed with the following vote:
Ayes:' Brust, Kelm, Neuman, Slavin, Turner • (5)
Nays: None (0). 1
The President signed the ordinance indicating his approval thereof.
Ordinance =Mun. Code Amend. Trustee Kelm moved, seconded by Trustee Neuman,
Sec. 20.501 No'Parkifig that the ordinance be passed amending Section
Waukegan from Deerfield Xd. 20.501 of the Municipal Code by adding to the
to Osterman & Longfellow list of locations where parking is prohibited at
(0- 71 -45):. any time, the vest side of Waukegan Road from
Deerfield Road to Osterman Avenue, and the east
side of Waukegan Road from Deerfield Road to Longfellow Avenue. Adopted by the
following vote:
Ayes: Brust, Kelm, Neuman, Forrest (4)
Nays: Slavin, Turner (2)
The President signed the ordinance indicating his approval thereof.
The meeting-was recessed at 9:05 p.m. and reconvened at 9:25 p.m.
Re: 33 Flavors Inspections- The manager reported that the Lake County Health
Tabled to Jan. Department sanitarian had been ill and unable
to inspect the 33 Flavors ice cream store. A
check of the store was made today, and although the store was closed, several minor
deficiencies were observed through the window, none of which were a threat to health.
Discussion was had with Mr. -Lee, the :proprietor, and his attorney about the operation
of the store. The Board stressed its concern was only with sanitary conditions.
Mr. Lee left the Manual for Employees for perusal by-the Board.
Trustee Neuman moved, seconded by Trustee Brust, that the matter be tabled until
a report is received from the Lake County Health Department.
Trustee Slavin suggested that the matter be put over until the first meeting in
January, which will provide adequate time for numerous random checks of the store by
the Health Department. Motion and second-were withdrawn.
Trustee Slavin then moved, seconded by Trustee Turne;, that the matter be tabled
until the first meeting in January..
Motion carried unanimously.
S.C. Report -Hazel Ave. Safety Council Chairman Walter Moses submitted
Authorize Ordinance -No Parking a detailed report on Hazel Avenue traffic hazards
Hazel from Waukegan to Wayne and the Hazel- Chestniit- railroad -Park intersection.
230
He reviewed previous reports, recommendations and actions taken to improve safety
on Hazel Avenue. .Suggestions made at the last meeting to eliminate hazards with
particular reference to school children:-were analyzed and it was concluded that
problems created.by proposed changes appeared to exceed the problems sought to be
cured in most instances. He recommended that parking be prohibited on Hazel Avenue,
that children walk their bicycles across the railroad tracks, and cross Hazel
Avenue at Alden Court, where ,a cross walk has been provided. He urged continued
parental discussion with children on the dangers of automobile traffic, bicycle
riding and other hazards.which exist throughout the Village as the best way to
reduce the likelihood of harm to children.
Mr. Moses stated the problem of truck traffic was reviewed only in connection
with other suggestions since-the Board had not referred this matter to the Safety
Council as a specific item, but the Council will study the problem'if the Board
wishes to do so.
Trustee trust moved, seconded by Trustee Kelm, that an ordinance be pre-
pared to prohibit parking on both sides of Hazel Avenue from the railroad west
to Wayne Avenue.
Mrs. Christoph,. a member of the Safety Council, suggested that no parking
be permitted from the railroad to Waukegan Road also.
Trustee Neuman moved, seconded by Trustee Slavin, that the motion be amended
to prohibit parking on Hazel Avenue from Waukegan to Wayne Avenue. Motion carried
unanimously.
The motion for preparation of the ordinance carried unanimously.
Discussion -Hazel Crossing Guard Mrs. Phyllis Blome, Greenwood Avenue, stated
& Truck Traffic a crossing guard was needed on Hazel Avenue
at the school. She also urged that truck
traffic on Hazel Avenue be prohibited and quoted the Box Safety-Report on re-
routing truck traffic. It was explained that, if load limits were established to
prohibit trucks,' those truckers who could show they have local business would
have no problem, and others who use Deerfield as a shorter route would soon learn
that truck traffic is not allowed. Trustee Slavin stated he had not had time to
review the Box report and-suggested the matter be deferred until the next meeting.
Mrs. William Marquardt, Wilmot Road, asked-that load limits be established on
Wilmot Road. She stated that starting-about 4:15 a.m, interstatedanduother ^trucks use
Wilmot Road, often traveling at high speed, and with four schools and the swimming
pool on or near Wilmot Road, this truck traffic was a real hazard as well as a
nuisance.
President Forrest asked that this matter be held on the agenda for the next
meeting. The Safety Council will study the problem of truck traffic and report
before the next meeting, and will consider the question of employment'of a crossing
guard as a part of the study.
Trustee Neuman commended Mr. Moses for his excellent report. He stated that
both the Safety Council report and the Police Department traffic survey showed
clearly the enforcement of speed limits was a matter of high priority, and should
be undertaken now. He also suggested that signs be posted at Maplewood School
to prohibit parking, standing or waiting. The Village attorney stated this could
be included in the ordinance to prohibit parking on Hazel Avenue.
Report - Landfill Odors The manager reported he and the Public Works
Director had checked the brickyard landfill
today and had found no detectable odors from the landfill. Since Village employees
are not permitted to enter the landfill, pictures of the operation have been taken
from the top of the Park District building, using a camera with a telephoto lens,:
Kitchens of Sara Lee is having a serious odor problem at present due to a mal-
funtioning grease removal unit, but repairs are being made.
Mr. Stanley Morton, Secretary of the-Metropolitan Disposal Company, assured
the Board that if the Village wishes to take pictures, employees will be permitted
to enter the landfill. He stated he was very concerned about press allegations that
the landfill was the source of noxious odors. No grass dumping is permitted, and a
sign has been posted in the office where drivers must report before. entering the
landfill. The (institute of Gas Technology of the Illinois Institute of Technology
has been engaged to "fingerprint" odors from the Village and Sara Lee sewage treatment
plants, and from the landfill. As a solution, he suggested the appointment of a
committee, including residents, to tour the area when odors are noticeable, to find
out where the odor is coming from.
2 3 1.
Mr. Benjamin Steiner, 25 Forestway, stated he had not been inconvenienced by
odors from the landfill since early summer, but he had been aware of offensive odors
from the Village and Sara Lee plants. He stated he would be willing to serve on a
committee as proposed by Mr. Morton.
Trustee Neuman recommended acceptance of Mr. Morton's offer to permit Village
employees to enter the landfill, and regular inspections be made. He stated if
residents of the area were not aware of any odors from the landfill, it appeared thtt
problem was.resolved, and the company should not be harassed because of odors from
other sources.
President Forrest stated a picture-taken September 10, 1971 showed grass and
brush dumped in-the landfill. Mr. Morton stated the picture showed branches with
leaves attached, and sufficient cover material was used to prevent any odor. He
again stated no dumping of grass is permitted. The manager stated there had been times
when fissures opened in the landfill and gas arising from the fissures could be seen.
Mr. Morton stated there had been an underg (Qound fire which could not be extinguished
by water,'and there had been a charred odor, but sodium bicarbonate',.hdd'- beenpourdd
down the fissures and the fire put out.
Re: Chlorine Monitoring The manager reported a price of $660 for chlorine
monitoring equipment at the sewage treatment
plantr; and he has sent for additional data. Trustee Brust stated companies furnishing
instruments for research and industry would have such attachments. The matter will
be put on the agenda when more information has been received.
z.i
Re: Union Oil Driveways No response has been received on the proposed
locations of future driveways for the Union Oil
Company service station. The matter will be kept on the agenda.
Re: Sump Pump Inspections The manager reported that sump pump installation
inspections have been resumed and great progress
would be made now that vacations are over and other -work, such as street paving, has
lessened. Trustee Slavin suggested this matter be removed from the agenda, and the
manager report administratively.
Refer Ordinance- NonDiscrimination The ordinance to require the execution of a
to Human Relations= Commission certificate of non - discrimination by all con-
tractors bdding on Village work was presented.
Trustee'S'lavin moved,..seconded by Trustee Turner, that the proposed ordinance be
referred to the Human Relations Commission for review and recommendation.
Motion carried unanimously.
Approve Payment $7495. -35 Trustee Neuman moved, seconded by Trustee Turner,
Aldridge Electric -MFT 28- TL -6S. that payment of $7,495.35 be approved to
_Petersen Ln. Traffic Lights Aldridge Electric,, Inc. for work completed
on :Petersen Lane traffic lights, Motor Fuel Tax
Section 28- TL -CS, as recommended by Baxter & Woodman.. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman,-Slavin, Turner (5)'
.Nays: None (0)
Approve Change in Plans MFT 28 -TL -CS Trustee Neuman moved, seconded by Trustee Turner,
Request $2101.53 that the Board approve the request for approval
of change of plans for the Petersen Lane traffic
light installation, Motor Fuel Tax Section 28- TL -CS, and also approve the request for
?'a additional funds in the amount of $2,101.53.for said work. Adopted by the following
vote:
Ayes: Brust, Kelm, Neuman, Slavin, Turner '(5)
N ays: NONE (0)
Approve:-Amendment Personnel Rules Trustee . Slavin moved, seconded by Trustee Turner,
Annual Leave that the amendment to Section X -D Annual Leave
of Personnel Rules and Regulations be approved.
The amendment provides -for two weekssmoation for employees with one through six years
of continuous service, three weeks for employees with seven through ten years service,
and four weeks after ten years.
Motion carried unanimously.
Approve Village Co- Com2lainant In connection with the complaint filed with the
Y .E.S vs Milwaukee R.R. Illinois Pollution Control Board by Y.E.S. vs
the Chicago, Milwaukee, St. Paul Railroad for
smoke pollutions the Pollution Control BoArd'ordered that the Village be made a
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Co- Complainant and designate a representative before October 5, 1971 to appear
in the proceedings on behalf of the Village.
Trustee Neuman moved, seconded..by Trustee .Slavin, that the Village stand
as Co- Complainant and the Village attorney represent the Village in the pro-
ceedings. The motion - failed, the following vote being,recorded:
Ayes: Neuman, Slavin (2)
Nays: Brust, Kelm, Turner (3)
Discussion was had on whether the Village should intervene in such matters,
and several,members stated.they were op.posed_in principle to the Village's parti-
cipation•in.complaint5 filed by other groups.-without the Board's prior consent.
Trustee Slavin pointed out:that the Hearing Officer had ordered the Village to be
a party:-to the coi'plaint. The manager stated the Village's prosecuting attorney,
Mr. Hal Winer, was reluctant to go to court on complaints of this nature, and had
e ncouraged.Y.E.S. to file the complaint with the Pollution Control Board under the
State Pollution Act rather than prosecute under the Village ordinance. Trustees
Kelm and Neuman asked for a report from Mr. Winer.
Trustee,Kelm - then moved that the motion be reconsidered. Seconded by.Truatee
Neuman, and adopted by the following vote:
Ayes: Kelm, Neuman; Slavin,.Turner (4)
Nays: Brust (1)
The motion was then adopted by.the following vote:
Ayes: Kelm, Neuman, Slavin, Forrest (4)
Nays: Brust, Turner (2)
No Crossing Guard Trustee Neuman moved that the Board authorize
Wilmot at Greenwood the employment of a crossing guard for the
Wilmot - Greenwood intersection for the safety
of children-tattending Woodland Park School, to be provided at Village expense until
the end of the school year or sidewalks have been constructed. The motion failed
for lack of a second.
Reports - Communications. The manager reported that a request for a
Federal Grant of $28,139.81 had been filed
for a Youth Worker, and there was an. excellent chance for approval. The Village
.would pay 26.95% of the cost.
A notice was received from the Clerk of the Illinois Supreme Court that the
Village's petition for leave to appeal in the brickyards suit has been allowed.
_Authorize Ordinance Mr. Joseph Valenti has requested.a Class B
Class B Liquor License package liquor store license for the Turnstyle
Deerbrook Turnstyle store in Deerbrook Shopping Center. The
Village attorney stated the Annexation Agree-
ment provided for two liquor licenses, but the Agreement applied only to the tract
annexed, the Addition to Deerbrook, and the Turnstyle store was in Phase I of the
Center. He stated that Mr. Valenti has indicated he would acknowledge that the
Turnstyle license is one of the two licenses authorized by the Annexation Agreement..
Trustee Slavin moved, seconded by Trustee Brust, that the Village attorney
be directed to prepare an ordinance authorizing an additional Class B license.
Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin (4)
Nays: Turner (1)
Ordinance Abandoning S/A 110 The Board of Local Improvements having
(0- 71 -46) submitted and recommended the passage of
an ordinance abandoning the local improve-
ment No. 110, Wilmot- Berkeley Improvements, Trustee Slavin moved, seconded by
Trustee Turner, that the.rules be waived to permit action on the ordinance at its
first presentation. Motion carried unanimously.
Trustee Kelm moved,.seconded by Trustee Turner, that the said ordinance
be passed. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin, Turner (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
1
I I .
233
Reports - Communications The manager reported that Hamer Hargrave Tree
Service had checked the maple tree on Mrs.
Florence Becld'er's property at 244 Kenmore Avenue, which Mrs. Becker alleged had died
from construction under Special Assessment No. 108, Hovland Improvements. Mr. Hargrave
has written that the tree died from a fungus disease. A copy of his letter will be sent
to Mrs. Becker.
The manager reported that the pickup of leaves will be started in the near
future, and two units will be in continuous operation.
Trustee Neuman suggested that a date be set for public discussion of the Box
T rafficSSdfetry Report as it contains many recommendations to be acted on. The first
meeting in November was proposed. Copies of the Box report will be sent to the members
of the Safety Council.
Trustee Neuman asked that discussion of a policy on snow removal be put on the
agenda for the next meeting.
Motion carried unanimously.
There being no further business, on motion by Trustee Brust, seconded by
Trustee Neuman, the meeting was adjourned at 11:05 p.m.
• APPROVED: ",
President
ATTEST:
Village Clerk
The ordinance providing for Village participation
in the Mass Transit District
will be filed without designating a
representative to serve on the Trnsit District's
Board of Trustees. The name of the
representative will be
filed when he is appointed.
Approve Minutes
Trustee Kelm moved,
seconded by Trustee Brust,
9/13/71 Adjourned Meeting
that the minutes of
the adjourned meeting held
Septbmber 13, 1971
be approved as submitted.
Motion carried unanimously.
There being no further business, on motion by Trustee Brust, seconded by
Trustee Neuman, the meeting was adjourned at 11:05 p.m.
• APPROVED: ",
President
ATTEST:
Village Clerk