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02/19/1973 (2)129 February 19, 1973 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 19, 1973 at 8:15 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 Stephen M. Slavin Daniel H. Stiehr 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. Trustee Brust moved, seconded by Trustee Slavin, that the minutes of the regular meeting held February 5, 1973 be approved as submitted. Motion carried u nanimously. Approve Warrant No. W -73 -2 Trustee Stiehr moved, seconded by Trustee Turner, that Warrant No. W -73 -2 - Payment of bills, in- cluding fund transfers and reiipbursements, be approved. Adopted by the following v ote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) Nays: None (0) Approve Consent Agenda The Consent Agenda was presented for consideration with additions and deletions approvdd by the Board. UONSENT AGENDA Recommendation of Mayor regarding Krembs rezoning (Sears); authorize Village attorney to appear before Northbrook Plan Commission February 20, 1973 to express Village's objections. Authorization to release $10,825.51 escrow funds (Chesterfield); partial payment of paving improvements, Earl's Court, Laurel Hill Unit 5. American Cancer Society Proclamation by President Forrest Recommendation of Plan Commission to amend Zoning Ordinance to include $50.00 hearing fee; authorize preparation of ordinance. Resolution appropriating $36,000 MFT for right turn lanes, County Line - Waukegan :, intersection, 33 CS. (R ^73 -5) Revoked 3/5/73 by Board. Ordinance prohibiting discharge of sanitary or industrial wastes into Lake -Cook Road storm drains or sewers; publish in pamphlet form. (0 -73 -5) Trustee Brust moved, seconded by Trustee Neuman, that the rules be waived to permit action on the above ordinance at its first presentation. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Brust, that the Consent Agenda be approved, including passage of the ordinance. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Table Deerbrook Spec. Use The ordinance amending a Special Use ( Deerbrook II - Ord. & Annexation Amendient Recreational Building) was presented. Trustee Neuman stated a passageway to the Recreation Center must be provided for bicyclists and pedestrians to avoid conflict with traffic in the parking lot. Discussion was had on the location of the bicycle - pedestrian walk. Mr. Valenti stated Florence AuenuP, when and if annexed, will be the logical route to the Bowling alley for pedestrians and bicyclists. Trustee Neuman suggested a path along the -west,:fence of Deerbrook with a 3 ft. fence separating the walk from truck and automobile traffic. Mr. Valenti agreed this location seemed most logical, but he would want professional advice. He stated he would give a letter to the Board agreeing to provide a pedestrian - bicycle path to the Recreational building if the building is completed before the Florence Avenue area is annexed. Trustee Brust stated it was his opinion that it would be wrong to put the path along the truck driveway, and he would prefer access to the bowling alley on a random basis. Trustee Kelm pointed out a fence would create problems in snow removal. Mr. Valenti assured the Board that a safe route for bicyclists and pedestrian's will be provided. Trustee Stiehr questioned the accuracy of the revised Development Plan with respect to parking and signs, as depicted on Exhibit "B ", attached to the Resolution approving the Third Amendment to the Deerbrook Annexation Agreement. Mr. Valenti stated there was no change in parking spaces or signs, only in the location of the Recreational Building. Trustee Stiehr stated that, before pro- ceeding further, the Village attorney should check on how many signs are allowed, and Exhibit "B" should be an accurate representation of parking and what has been or will be built. Trustee'Neuman moved, seconded by Trustee Turner, that the matter be tabled. Adopted by the following vote: Ayes: Neuman, Stiehr, Turner, Forrest (4) Nays: Brust, Kelm, Slavin (1) Trustee Stiehr then moved, seconded by Trustee Brust, that the Ordinance and Resolution be put on the Agenda for the next meeting. Motion carried unanimously. Ordinance- Sigtn,Variation The ordinance was presented granting a Restaurant 70812 Waukegan variation from the provisions of the Zoning Failed Ordinance to permit a projecting sign at 7082- Waukegan Road, as requested by the restaurant owner, Mr.. Delgetre Sarantopoulos. A report from the Plan Commission stated the proposed sign would become non-conforming if the revised sign ordinance is passed, and the sign would have to be removed after January 1, 1976. Trustee Stiehr stated he was opposed to this type of variation since it tends to set a precedent for similar requests. Trustee Brust moved, seconded by Trustee Kelm, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried u nanimously. Trustee Brust moved, seconded by Trustee Kelm, that the ordinance be passed. The motion failed, the following vote being recorded: Ayes: Kelm (1) Nays: Brust, Neuman, Slavin, Stiehr, Turner (5) 1st Presentation - Ordinance The first presentation was made of an ordin- Ayproving Planned Development. ance approving a Planned Development, Lots Hovland-Lots 131 & 132 (Gustie) 131 and 132, Hovland Subdivision, final plat approval subject to conditions set forth in said ordinance, petitioner Mrs. Pat Gustie. Discussion was had on the requirements -for approval of a Planned Develop- ment, and in particular, the requirement for-bond or escrow for a future street which may not be constructed for years, if ever. Trustee Stiehr stated the proposed resubdivision was unique in that Lot 4, the rear half of Lots 131 and 132, is unlikely to be built on as a single building site. If this lot is re- subdivided, full street improvement must be installed. A Covenant would serve as notice to a prospective purchaser that he must pay for the improvements. Trustee Kelm suggested the Plan-Commission be requested to review the provisions for Planned Developments. Ordinance Amending 0 -64 -21 The ordinance amending Ordinance No. 0 -64 -21 Human Relations Commission being nn ordinance establishing a Human Rela- (0 -73 -6) tions Commission was presented. The Village attorney stated the new Section Four,e, recommended by the 1 1 1 1 1 it 131 Human Relations CommisslQn, waa inconsistent with the prQvitisions of the present Ordin- a nce. Trustee Brust moved, seconded by Trustee Stiehr, that the words "with the prior approval of the Board of Trustees" be inserted in Section Four, e. The motion failed by the following vote: Ayes: Brust, Stiehr (2) Nays: Kelm, Neuman, Slavin, Turner (4) Human Relations Commission Chairman Robert Busch explained the reasons for the recommended amendments, and discussion was had on the proposed ordinance, and what changes should be made. Trustee Kelm moved, seconded by Trustee Neuman, that the 1st paragraph of Section Four be deleted.. Trustee Slavin moved, seconded by Trustee Neuman, that the motion be amended by providing that the first genteute._be- retained; .:deleting -only the,,wdrd11'sg1'ely ", and striking the second sentence in its entirety. Motion carried unanimously. The motion as amended carried unanimously. Trustee Neuman moved, seconded by Trustee Kelm, that the ordinance be passed with changes as set forth above. Adopted by the following vote: Ayes: Brust, KElm, Neuman, Slavin, Stiehr, Turner (6) N ays: None (0) The President stated he would withhold his signature until the ordinance has b een re- typed. Env. Com. Report Re: A report from the Environmental Commission recom- D utch Elm Disease Spray mended that the methoxychlor spraying program for control of Dutch Elm disease be discontinued, and the funds allocated for spraying be re- allocated for the employment of a forester to carry out a sanitation program. Discussion was-had on the merits of continuing the use of methoxychlor spray and sanitation. Trustee Brust statedJit was his opiniontthe spraying program should not be abandoned, but the cost of a sanitation program should'be investigated and considered as a. combined program with methoxychlor spraying. Trustee Neuman moved that the recommendation of the Environmental Commission be accepted and the manager be instructed to provide in the Budget for the employment of a forester on contract to implement a tree sanitation program, which, if prohibitively expensive, can be removed. The motion failed for lack of a second. Approve 1 Yr. Spraying Trustee Slavin moved, seconded by Trustee Brust, Budget Forester on Contract that the methoxychlor spraying program be con- tinued this year, and the Environmental Commission's recommendation on the employment of a forester on contract be accepted, at least in the Budget study phase. Motion carried unanimously. Ordinance -Mun. Code Amend. No Left Turns- Kenton onto D eerfield Road (0 -73 -7) . Trustee Brust moved, seconded by Trustee Neuman, that the ordinance be passed amending Section 20.211 of the Municipal Code by adding the following: "It shall be unlawful for vehicles southbound on Kenton Road to turn left onto Deerfield Road." Discussion was had on hazards to traffic and children at this offset intersection. Trustee Neuman stated the final solution was relocation of traffic signals and the school crosswalk, but the prhhibition on-'.left turns would promote safety as a temporary measure. A guardrail along the sidewalk on Deerfield Road from Rosemary Terrace to the school crosswalk was suggested for the protection of pedestrians, especially s chool chlidren. The engineer's estimate for relocation & modification of traffic lights at the Kenton - Deerfield - Kipling intersection is $7,110, the manager reported. The ordinance was passed with the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) N ays: None (0) 132 The President signed the ordinance indicating his. approval thereof. Trustee Neuman moved, seconded by Trustee Turner, that costs for re- location and modification of traffic signals at the Kenton - Deerfield - Kipling intersection be included in next year's MFT Budget. Motion carried unanimdusly. Trustee Stiehr stated he had seen portable flashing lights in the center of the road at each end of the school zone when children are going to and from school and suggested the Safety Council consider the use of these lights which would be placed in the middle of Deerfield Road by the crossing guard and re- moved when he leaves. The manager stated the lights are not authorized by; "the State and the Village would be liable if an accident occurs as a result of the lights. Discussion - Replacement President Forrest stated the Park Board and ,2.f PropertZ for Park the Village are in agreement on Plan D ulti- mate...prepaxed..by Paul Box, but the Village is obligated to replace land taken for this plan which is excess of land utilized by the Merci plan prepared for the Park District. The total area of two properties now for sale on Hazel Avenue is 16,400 sq. ft., and the additional land taken for Plan D ultimate is 11,800 sq. ft. - 72 per cent of the total area. He recommended the Village contribute 72 per cent of the cost of acquistion of the properties by the Park District. Trustee Stiehr moved, seconded by Trustee Brust, that the Village contribute 72 per cent toward the acquistion of properties on Hazel AVenue, as recommended by President Forrest, the Park District to clearn the property within two years. Park District President Peter Trenchard stated the time limitation for removal of the houses may create some problems since he did not know if the Park Board would be willing to spend funds for this work within the two year period. He.asked the Board to accept the Park Board's expressed intention to provide open space as soon as possible. The motion and second were withdrawn and the meeting was recessed for an executive session at 10:10 p.m. The meeting was reconvened at 10 :35 p.m., all members present. President Forrest stated the matter of land acquistion was now in the hands of the Park Board, who will report back to the Board of Trustees. Approve Citizens' Committee President Forrest recommended the appointment on CATV of a committee to draw up specifications and requirements for a CATV system, and the Village solicit bids for a CATV franchise. Trustee Kelm stated he would prefer that a professional opinion be sought rather than the appointment of a citizens group. Trustee Neuman questioned whether there was any real advantage in a CATV system - the operator is more interested in revenue than in good program- ming. He suggested the Village wait to see what other areas are doing before proceeding. President'Forrest stated many people, and particularly the schools, were interested, and he felt a committee would serve to thform the Board on what would be the most desirable course of action for the good of the community. The Village attorney stated there was'a general feeling that if communities didn't get into CATV now, they will be cut out by I.C.C. and Federal regulations. Trustee Stiehr moved, seconded by Trustee Turner, that President Forrest be authorized to appoint a citizens' committee to study the potential of CATV and make recommendations to the Board regarding a franchise. Adopted by the f ollowing vote' Ayes: Brust,I,Stiehr, Turner, Forrest (4) Nays: Kelm, Neuman, Slavin (3) Discussion -R.E. Review Bd. Discussion was had on a proposed ordinance Amendment amending Section 27.1207 of the Municipal Code pertaining to procedures of the Real Estate Review. Board. It was the consensus of the Board that the ordinance be re-written to substitute "Human Relations Commission" for "Real Estate Review Board ", and the Village attorney was directed to prepare the ordinance$ com- b ining the functions 1 1 I] Discussion-Budget & Resources President Forrest suggested that budgeting and Allocation resources allocation be handled by the Finance Committee. Discussion was had on budget respon- s ibiliti&s and procedures. Trustee Neuman stated it was the Board's responsibility to set policy and establish guidelines for preparation of the budget, which can then be prepared by the manager. He said Department heads had submitted reports on the budget, but oily Public Works Director Kasinski's report gave the informationrxequested i n order to set policy. A workshop meeting of the Board wa�rpropasckd: to -e`s ablish policy and set guidelines, but several members stated they felt this should be done by the Finance Committee. The Finance Committee will work on budget format and the President will work with the manager on policy and budget amounts. Trustee Neuman moved, seconded by Trustee Brust, that the manager be instructed t o keep the cost per capita in the 1973 -74 budget at the same rate as that in the 1972-73 budget. The motion failed by the following vote: Ayes: Brust, Neuman (2) Nays: Kelm, Slavin, Stiehr, Turner (4) Approve Agreement -Cook The Agreement between the Village and Cook County Co. & Vlg. Re: Lake -Cook Rd. relative to Lake -Cook Road improvements was Improvements presented. The Agreement lists what will be done by Cook County and what is to be done by the Village. Trustee Neuman moved, seconded by Trustee Stiehr, that the Agreement be approved and a?xecution thereof authorized. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) N ays: None (0) Reports- Communications Trustee Neuman stated the letter from Baxter & Woodman did not answer questions asked regarding Sara Lee sewage treatment and handling. Detailed answers were requested on five items, and the letter was not responsive. He asked the manager to get a detailed letter from Baxter & Woodman on these items. Trustee Neuman stated he had read the minutes of the Bus Committee, and he felt the Committee should be informed that bicycle riding to the business district should b e encouraged. A meeting with Lake County on solid waste disposal will be held Monday, February 1 9th. Trustee Turner asked the Village attorney to check the United Conveyor Annexa- tion Agreement regarding berm construction, number of stories above ground, etc. He also asked what could be done to require the company to keep the property cleaned up. There being no further business, on motion by Trustee Slavin and seconded by Trustee Turner, the meeting was adjourned at 11:30 p.m. ATTEST: Village Clerk APPROVED: President