Loading...
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. 29 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 23 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