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03/20/1972 (2)293 March 20, 1972 "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, March 20, 1972 at 8:08 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Charles R. Bootz Albert E. Brust George Kelm Werner E. Neuman 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. James Stucko, representing the Village attorney, and Norris Stilphen, manager, Trustee Neuman moved, seconded by Trustee Brust, the the minutes of the regular meeting of March 6, 1972, and the adjourned meeting held March 7, 1972 be approved as submitted. Motion carried unanimously. 144 Approve Warrant.No. W -72 -3 Trustee Bootz moved, seconded by Trustee Kelm, that Warrant No. W -72 -3 - Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following U vote: Ayes: Bootz, Brust, Kelm, Neuman, Slavin, Turner (6) N ays: None (0) No Contribution- School Trustee Slavin reported that a request for a con - Consolidation Study tribution for a study on school consolidation had been received from School District No. 113 and joined in by Wilmot School District No. 110, although he understood the study was contrary to the wishes of School District No. 109. He stated that, while an expression of opinion on the merits of consolidation or the type of study to be made would exceed the Board's jurisdiction, it was difficult to see why a contribution should not be made since recent Court decisions on school financing would seem to make this question a matter of concern to the entire community. Trustee Slavin then moved, seconded by Trustee Neuman, that the Board authorize a contribution not to exceed $1;500 on a pro rata basis, for a school study, the nature and scope of thb study to be approved by ':'two- thirds of the school board. A petition signed by 103 residents stated the responsibility for educational policies and projects is the obligation of the school boards,and asked the Village Board to deny the request for funds. Several residents spoke in favor of the study and a contribution from the Village. Mr. James Tibbetts, a member of the Board of Education of School District No. 109 stated much of the information which will be given in the study can be obtained without charge from the office of the County Superintendent of Schools. Several residents stated they were opposed to spending tax money for a study on school consolidation which School District No. 109 does not want. Mr. Richard McAllister, High School Board member, stated the study would give facts and insights on which to make a decision, and will give an analysis of programs in all school districts. He pointed out that consolidation must be approved by the electorate, and the Board would not consider a division of the district into Deerfield and Highland Park school districts. The motion authorizing a contribution failed, the following vote being recorded- Ayes: Brust, Neuman, Slavin (3) Nays: Bootz, Kelm, Turner, Forrest (4) P.C. Report -Golf View Sub. A report from the Plan Commission recommended Nursing Home approval of the plat of Golf View Subdivision _Authorise Ordinance (former Sackheim property) into two lots, with dedications of 50 ft. for Waukegan Road and 30 ft. for Kates Road rights -of -way; approval of a Special Use for a licensed nursing home on Lot 1, with ingress and egress from Kates Road; and the improvement of Kates Road be deferred at this time, to be constructed later under Special Aseessment proceedings. Plan Commission Chairman Dan Stiehr stated the Plan Commission had considered and approved a height variation of 5 ft., but had been advised by the Village attorney that the Board of Zoning Appeals must hold a public hearing on a height variation. Trustee Slavin had left the meeting prior to the above discussion, due to a conflict of interests. 294 Trustee Kelm moved, seconded by Trustee Bootz, that the plat of Golf View Subdivision be approved, the Village attorney be directed to prepare the ordinance authorizing the Special Use for a nursing home on Lot 1, and the question of a height variation be referred to the Board of Zoning Appeals for a,public hearing. Motion carried unanimously. Trustee Slavin re- entered the meeting at 9:08 p.m. and was present there- of ter. P.C. Report -PUD Lot 141 Hovland Sub. - Authorize Ordinance corner of Wilmot Road and Gordon Te dedication of the east 30 ft. for a future street, as requested by Chesterfield Development Corp. Trustee Kelm moved, seconded directed to prepare an ordinance ap Hovland Subdivision, as recommended A report from the Plan Commission recommended approval of a Planned Unit Deve-lopmeft(df Lot 141, Hovland Subdivision, at the northeast rrace, to be subdivided into three lots with a by Trustee Brust, that the Village attorney be proving the Planned Unit Development of Lot 141, by the Plan Commission. Motion carried unanimously. P.C. Report- Hanson Rebub. A report from the Plan Commission recommended L ots 31 & 32, Deerfield Acres approval of the preliminary plat of resub- _Referred Back to P.C. division of Lots 31 and 32, Deerfield Acres Subdivision, into three lots, with a varia- tion of 4 ft. 2 in. on the rear yard,: of Lot 1 because of the existing garage, subject to posting bond or a cash escrow for required improvements, and dedica- tion of the north 30 ft. of both lots for a future street. The owner of the residence on the proposed Lot 1 stated his property had been included in the subdivision without his knowledge or consent, and he would not sign the subdivision plat. Plan Commission Chairman Stiehr explained the background of what was formerly called the Likes Subdivision, and stated the Plan Commission had not been aware of the fact that part of the property had been sold when Mr. Ronald Hanson submitted the petition for a subdivision. Discussion was had on the sale of parts of lots without subdivision of the property; Trustee Kelm moved, seconded by Trustee Bootz, that the matter be referred back to the Plan Commission for reconsideration in view of the fact that one of the owners is not a party to the resubdivision. Motion carried unanimously. Trustee Slavin asked the Village attorney to give an opinion on the sale of part of a lot without a formal subdivision. The meeting was recessed at 9 :35 p.m. and re- convened at 9:45 p.m. with all members present. Approve Consent Agenda The Consent Agenda was presented for considera- tion, with Item 3 - Authorization for Mayor to sign final plat for Nursing Home removed because of previous action by the B oard. CONSENT AGENDA 1. Authorization for Mayor to execute agreement on Waukegan Road construction. 2. Authorization for Village Clerk to publish Ordinance No. 0 -72 -13 in pamphlet form (Ordinance declaring rebates on Special Assessment Warrants Nos. 94 and 97). Trustee Neuman moved, seconded by Trustee Brust, that the Consent Agenda be approved. Motion carried unanimously. S.C. Letter Re: Sight Line A letter from the Chairman of the Safety Ordinance - Ordinance to be Council suggested that the proposed Sight Redrafted line ordinance be enacted substantially as submitted but with a provision that it shall apply only to those intersections thereafter listed in the ordinance. Trustee Slavin moved that this matter, which had been tabled at the last meeting, be removed from the table. Seconded by Trustee Bootz, and carried unanimously. 295 Trustee Brust stated this suggestion overcame many of the objections to the ordinance as originally submitted. He then moved, seconded by Trustee Bootz, that the matter be referred back to the Safety Council for a re- drafting of the ordinance incorporating therein the suggestion in the SAfety Council's letter dated March 14, 1972. Motion carried unanimously. Budget Discussion Trustee Neuman read a statement on the proposed 1972 -73 Budget and summary, and listed questions be would like to have answered, and in particular, the increases in the budget amounts. Trustee Brust stated it was too late to implement various proposals on Budget procedures. He then moved, seconded by Trustee Neuman, that ten to twelve items be selected for cost accounting during the 1972 -73 fiscal year, including the items listed by President Forrest in his memorandum dated March 7th, plus police patrol work, youth worker, and professional and engineering fees, *and a--Committee of the Mayor and 1 or 2 Trustees be selected to hire and work with an outside person to review financial procedures and per- sonnel. Discussion was had on how cost accounting shall be accomplished, and Trustee Neuman moved, seconded by Trustee Brust, that the motion be amended by authorizing the employment of a consultant to develop a.project cost system, to work with the Committee proposed by the President to specifically design and install cost accounting in addition to other accounting procedures. Adopted by the following vote: 144 Ayes: Brust, Kelm, Neuman, Slavin (4) ( *Correction 4/10/72 underscored.) G4 Nays: Bootz, Turner (2) The motion as amended was adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Turner (5) Nays: Bootz (1) Table Gardner Contract & Trustee Brust stated he was concerned about bills Billings from Carl Gardner and Associates, and asked if these bills were for work on the Zoning Ordinance which had been included in the contract for the preparation of the Comprehensive Plan. It was his opinion the Zoning Ordinance as submitted was unsatisfactory, and no additional fees should be paid to the firm.for revisions.. Plan Commission Chairman Stiehr stated he approved some of the concepts in the proposed Zoning Ordinance, and had directed that Mr. Buckley of the Gardner firm.meet with the Planning Aide and Building Commissioner to revise various items, and brought back to the Plan Commission for its consideration. He stated time spent in these meetings are billed on an hourly basis, and the Plan Commission has approved payment of these bills. Trustee Slavin stated funds are budgeted for the Plan Commission and how these funds should be expended should be the decision of the Plan Commission. Trustee Brust moved, seconded by Trustee Turner, that the contract with Carl Gardner and Associates be terminated at the close of the fiscal year. Mr. Stiehr stated the Plan Commission felt the services of the Gardner firm were required on a limited basis. Trustee Slavin moved, seconded by Trustee Neuman, that the matter be tabled until an opportunity is given to meet with a representative of the Gardner firm to discuss their services. Adopted by the following vote: /Ayes: Bootz, Kelm, Neuman, Slavin (4) Nays: Brust, Turner (2) Ordinance - Zoning Variations The ordinance was presented granting variations Texaco Service Station from the provisions of the Zoning Ordinance 650 Waukegan Rd... with respect to the relocation and reconstruction (0- 72 -14) of the Texaco service station at 650 Waukegan Road on a lot having an area of 13,925 ft. on an inter- section where two other service stations-are-in operation, with a setback of 15 ft. along the west.property line,:subject to the erection of a 7 ft. screen fence along said west property line. Trustee Brust moved, seconded by Trustee Turner, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. A representative of the Texaco Company stated a low fence or planting would be installed along the south side of the property to prevent cars from being driven across the parkway and to give protection to pedestrians. Trustee Kelm moved, seconded by Trustee Turner, that the ordinance be passed. Adopted by the following vote - I 296 Ayes: Bootz, Brust, Kelm, Neuman, Slavin, Turner (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Coiny0perated Amusement Devices Mr. Bennett Shulman, attorney for American _Requested-Authorize Ordinance Amusements, Inc. asked that the Municipal Code be amended to permit the use of coin- operated amusement devises. He stated a lease is being negotiated with the owners of the Deerbrook Shopping Center for the rental of space for this business. He .stated the company is operating in 17 locations including the Lakehurst Shopping 'Center. An adult attendant will be present and no food or beverages may be sold on the premises, and the hours they would be open for business would be the same as for the Mall. A copy of the lease will be made available to the Village attorney for his review. Discussion was had on how this type of business could be controlled. Trustee Kelm stated most municipalities impose a tax on such machines. Mrs. Laura Lee Christoph, 90 Evergreen, stated it was her opinion it would be a mistake to license this type of business, and she was opposed to any change in the ordinance which would permit this operation. Trustee Slavin moved, seconded by Trustee be directed to prepare an ordinance providing for mmusement devices with the protective provisions by the following vote: Ayes: Bootz, Kelm, Slavin, Turner (4) Nays: Brust, Neuman (2) Kelm, thht the Village attorney the licensing of coin - operated set forth in the lease. Adopted Postpone Decision The manager reported proposals had been re- Bldg. Study Proposals ceived from three architectural firms for a dtudy of the Village Hall and former library to determine the beatuutilization of space for Village purposes in the future. He recommended that Bonesz, Maas and Buccola be retained for the study. Trustee Neuman asked if current references had been given and checked on municipal work by this firm. He then moved, seconded by Trustee Slavin, that the matter be postponed until the next meeting for further information. Motion carried unanimously. Table Bids -Elm Tree Removal The manager reported bids on the removal of diseased elm trees and stumps had been received, and the Public Works Director had recommended acceptance of the low bid submitted by Wing Tree Experts. The trees will be hauled by the firm to the Port - wine Road burning site until or hnlass it is closed. He stated the bid was very low, and Public Works Director Klasinski was not sure it could be done for the bid price. Trustee Neuman questioned whether it was wise to inter into aicontract so low the service may not be perormed. Trustee Neuman then moved, seconded,by Trustee Slavin, that a decision on the award of a contract for removal of d1m trees be postponed until after the meeting on the budget which is scheduled for Thursday, March 23rd. Motion carried unanimously. Accept Bid H. Hargrave The manager reported bids had been received Elm Tree Spraying on a dormant spray for parkway elm trees, and recommended acceptance of the low bid submitted by Hamer Hargrave in the amount of $1,683.00. A letter from the Environmental Commission suggested the abandonment of the methoxychlor spray program since it appears that the spray is of little or no benefit in the control of dutch elm disease. The manager stated that it was the experience of many municipalities that discontinuance of spraying resulted in the loss of many trees. Trustee Kelm moved, seconded by Trustee Slavin, that the low bid of $1,683.00 submitted by Hamer Hargrave be accepted. Adopted by the folloving vote: Ayes: Bootz, Kelm, Slavin, Turner (4) Nays: Neuman (1) Pass: Brust (1) The manager was directed to write to the Environmental Commission requesting; a complete study on the effectiveness of methoxychlor. Trustee Neuman asked the manager to request more information on incinerators, inasmuch as the manager had reported doors were not large enough to take diseased elm trees. 1 14, 297 Ordinance-Rebate SA 99 The ordinance was presented declaring a rebate on Wilmot Sidewalks Special Assessment No. 99, Wilmot Road sidewalks. Trustee Neuman moved, seconded by Trustee Kelm, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Kelm moved, seconded by Trustee Bootz, that the said ordinance be passed. Adopted by the following vote: Ayes: Bootz, Brust, Kelm, Neuman, Slavin, Turner (6) Nays: None (0) Trustee Slavin moved, seconded by Trustee Neuman, that the ordinance be published in pamphlet form. Motion carried unanimously. The President signed the ordinance indicating his approval thereof. Reports- Communications President Forrest reported invitations had been sent to nearby municipalities and the State's Attorney of Lake County to attend a meeting on March 22, 1972 to discdssrmean6 of obtaining relief from television interference caused by construction of the Sears Tower. A representative from Sears had planned to attend the meeting, but will not be present because a suit for an injunction has been filed bycthe State's Attorney for Lake County. Trustee Slavin asked why the suit against Sears which was authorized by the Board at the March 7th meeting had not been filed, and he was strongly opposed to a procedure which would delay action approved by the Board. President Forrest stated it was his opinion that a delay for two or three days in filing the suit would make little or no difference, and he hoped other municipalities would join in the suit after the meeting on March 22nd. Trustee Brust again requested that lists of outstanding agenda items, items handled administratively, and items referred to Boards and Commissions be attached to the agenda for meetings. He also had asked the Village attorney to prepare a summary of cases in his hands, but it had not been received. The manager reported that a letter from the Pollution Control Board, dated March 8, 1972, extended the date of compliance with standards for sewage treatment. Trustee Neuman stated the agenda numbering system prepared by Trustee Brust was not being followed, and suggested that,a member of the clerical staff be given this responsibility. There being no further business, on motion by Trustee Slavin, seconded by Trustee Bootz, the meeting was adjourned at-11:40 p.m. ATTEST: Village Clerk N APPROVED: Presidark