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11/05/19731 1 There being no further business, on motion by Trustee Stiehr, seconded by Trustee Moses, the meeting was adjourned at 11:50 P.M. ATTEST: Village Clerk 78, 29", � e — APPROVED: President November 5, 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, November 5, 1973 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Albert E. Brust Norma Gavin George Kelm Walter H. Moses, Jr. Werner E. Neuman Daniel H. Stiehr 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, manager. Trustee Brust moved, seconded by Trustee Stiehr, that the minutes of the Board of Local Improvements and the regular meeting of the Board of Trustees, both held on October 15, 1973, be approved as submitted, with correction of a typographical error on page 230 of the regular meeting. Motion carried unanimously, Treasurer's Report The treasurer's report showing the balance of accounts, cash and investment statements, detail expenditures by activity, revenue and expense statement and highlight control report as of September 30, 1973 was received. Treasurer George Valentine stated the expenditures for tree removal exceeded the amount budgeted, but the Street and Bridge Fund was in good financial condition overall; however, something must be done to increase Sewer Fund income where ex- penditures exceed revenues by a substantial amount and the deficit will become greater. Trustee Brust stated he felt Mr. Valentine has done an exceptional job in pre- 'paring.Trepo.rts w.hi6h,,provide meaningful financial data to the Board, and moved the acceptance of the report; seconded by Trustee Gavin, and carried unanimously. Finance Committee Recommendation A report from the Finance Committee recommended an 30-A, Flat Rate Sewer Charge increase in the sewer rate to 30 cents for each 100 cubic feet of water supplied. Attached to the recommendation was the treasurer's analysis of present revenues and the amount that would be received from the 30 cent rate, and pertinent data from the Environmental Pro- tection Agency relative to sewer charges. Trustee Kelm stated Federal regulations do not permit a graduated rate schedule based on volume, and the change to a flat rate should be made now rather than wait until it is required. Federal standards for grants also require the imposition of a surcharge on industrial users which must be paid in addition to the flat rate charge. He stated the impact of a 30 cent flat rate would not be severe on homeowners, but would be more pronounced on commercial and industrial users. Trustee Neuman stated a flat rate was more equitable since it costs as much to treat one gallon of sewage as another. He recommended the same kind of study be made on water rates, especially since water,,must be conserved, and suggested a flat rate charge for water. 34 1st Presentation - Ordinance The f:.rst presentation was, woe, og an. ordin -- 3 0q, Flat Rate Sewer Charge ance amending Section 24.1100 of the Municipal Code by establishing a sewer service charge of 30 cents for each 100 cubic feet of water supplied. Trustee Kelm moved, seconded by Trustee Brust, that the rules be waived to permit action on the ordinance at its first presentation. Discussion was had on the implementation for billing at the increased rate and if 4fas explained,, that the staggered billing schedule would present no problem. Trustee Stiehr stated he was averse to passage of the ordinance which would affect every homeowner in the Village when no prior information had been given on the increase in rates. The motion and second were withdrawn, and the ordinance will be on the agenda for the next meeting. Approve Payment - ':$30497.58 A bill for $30,497.58 was received from B & W Phase I Storm Sewer Baxter & Woodman for engineering services in connection with Phase I of the storm sewer improvements, this amount being 78 per cent of the engineer's fee of $39,099.46. The bill was questioned by Trustee Brust who stated the project had been developed while the Village had an engineering staff which he had helped to promote on the basis the Village would save consulting engineer fees. The manager stated the Village engineer, would do the inspections which would otherwise be done by Baxter & Woodman and for which they would be paid under the terms of the contract. Trustee Neuman moved, seconded by Trustee Kelm, that payment of $30,497.58 to Baxter & Woodman be approved for engineering fees in connection with Phase I. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) N ays: None (0)I Abstaining: Bru,st (1) Report -P.C. Training & Activity The Chief of Police submitted a report on Department training and activity for the fiscal years 1972 -73 and to date in 1973 -74. In 1972 -73 training hours totaled 3,876 including 1,200 hours of basic training for new personnel; gross training costs were $31,854.32 with reimbursements of $13,959.05 from State grants. To date in fiscal 1973 -74 training hours total 1,234.5, and additional training is planned. After the current fiscal year, it is hoped that training hours will be no more than'2 =1/2 per cent provided basic training is not required for new employees, or there are no special needs. Discussion was had on the training program which is administered and decisions made by the Chief after consultation with the manager. Trustee Brust stated the amount spent for training exceeds that spent by many businesses, and although there is partial reimbursement from the State, this can be offset by overtime. and other related expense. Chief Whitton stated it was his opinion the improved department was due to the training program. Trustee Neuman stated he had noticed the Enforcement Index was not included in the last monthly report, and the Chief stated this information would be given hereafter. Trustee Neuman stated the Board would be better informed if members had some idea on what were the goals of the Department. Discussion was had on the two reports submitted each month by the Police Chief. Trustee Gavin suggested the two reports could be combined in some manner so as to include information on the progress made in achievement of goals as proposed by Trustee Neuman. President Forrest asked the Chief to submit a report on objectives for the next meeting. Re: Parking Tickets Trustee Neuman stated a citizen had asked him about a parking ticket which included a notice to appear before the Circuit Court of Cook County. Chief Whitton explained that "Cook County" was a printer's error, and decision had been made to use these tickets since reprinting would take 8 to 10 weeks. HI-stated the Error has caused no problems, since the third copy of the multiple ticket is not used, a regular traffic ticket being written in lieu thereof. Lt. Charles stated the judge has ruled the parking tickets are not admissible in Lake County and therefore the regu- lar ticket is issued if' -the -fine'is. notepaid on the "cafeteria" basis. Trustee Kelm stated the first part of the three part ticket does not say how or where the ticket can be challenged, and this information should be given. Trustee Moses said it was his opinion the three part ticket was a waste of time, and suggested that the regular tickets be used or a one ticket form which would be admissible in Court. C hief;.Whitton will give a report on parking tickets at the next meeting, after c hecking with the Court and Village prosecutor. 23)5 Discussion-No Parking The Chief of Police reported the ordinance on parking had been reyieWed and there were several sections which were of some concern. Trustee Moses questioned why parking on the street was pro- hibited between 2 a.m. and 6 a.m. The manager explained the ordinance expedited snow removal and was a help to the Police Department. Chief Whitton stated the ordinance was helpful from the point of view of patrolling, but posting'signs was the only way to eliminate complaints on enforcement. .Warning tickets are now being used for-'first offenders, and will probably solve the problem. The manager stated information on no parking has been given to the Welcome Wagon and Greeter, but the State had removed the signs which had.been. posted at the entrances to the Village. Trustee Gavin suggested that''infotmation on no parking be given to all applicants for water service. Chief Whitton stated another change suggested is a schedule of charges for more serious parking violations. President Forrest asked the Chief to include his recommenda- tions in the report on parking tickets. The meeting was recessed at 9:35 p.m., and reconvened at 9:50 p.m., all members p resent. P.C. Report- Special Use A report from.the Plan Commission recommended that Masonic Lodge- Office Bldg. a Special Use be approved for a new Masonic Lodge - Office building at 711 Waukegan Road, subject to a variation to permit 73 parking spaces in lieu of the required 75, and the dedication of the rear 25 feet for street purposes, as set forth in the Comprehensive Plan. President Forrest and several members expressed concern about the proximity of the driveway to the First National Bank's driveway and the need for a minimum number of curb cuts on Waukegan Road. The joint use of the Bank's driveway was suggested, but Plan Commission Chairman Cynthia Marty pointed out that much of the parking for the lodge- office building was below grade and a common driveway was not possible. She stated the building had been designed so cars can exit onto the proposed "ring" road at the rear, and it was possible that ingress from this proposed road could also be provided. President Forrest stated it would be better to sacrifice a few parking spaces rather than have driveways too close. The architect stated four or five parking spaces would be lost if the driveway location is changed. Trustee Gavin stated ramps for bicycles and wheel- chairs should be provided when driveways are constructed. Trustee Stiehr then moved, seconded by Trustee Kelm, that the Village attorney prepare an ordinance authorizing the Plan Commission to hold the public hearing on a petition for a parking variation, the proposed ordinance to be the subject of a public hearing before the Plan Commission. The motion failed by the following vote: Ayes: Gavin, Kelm, Stiehr (3) Nays: Brust, Moses, Neuman, Forrest (4) Trustee Brust stated he has suggested the appointment of an Administrative Review Committee, to review and consider revisions of procedures on matters such as this. Trustee Neuman concurred. Approve Env. Com. Recommendation A report from the Environmental Commission recommended Re: Open Burning Prohibition that the ordinance prohibiting the burning of leaves and other combustible materials be retained and not be repealed as is now authoirzed by the State, and the fact that the ordinance prohibiting the burning of leaves is still in full force and effect be publicized. Trustee Neuman moved, seconded by Trustee Gavin, that the Environmental Commission's recommendation be approved and adopted, and the ban on leaf burning be publicized. Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Neuman, Stiehr (5) Nays: Moses (1) Report- H.S.Drive Problem Youth Worker Tom Creighton reported the North Trail 1st Presentation Anti - Loitering Summit Drive Committee has met twice and has sub- Ordinance mitted recommendations which should alleviate the littering and loitering problem on and near High School Drive. The Committee has recommended to the High School Board and administration In a discussion of parking for the lodge- office building, Mrs. Marty stated the 5,000 sq. ft. lodge room area had not been included in computing the number of required parking spaces since the lodge could use the parking provided for offices. The Village attorney read the sections of the Zoning Ordinance pertaining to parking requirements for clubs and lodges and the combined use of parking facilities, and stated a public hearing must be held by the Board of Zoning Appeals on a petition for a parking variation. Trustee Stiehr stated it was his opinion that the Plan Commission should be able to hear and submit recommendations on parking variations. Trustee Stiehr then moved, seconded by Trustee Kelm, that the Village attorney prepare an ordinance authorizing the Plan Commission to hold the public hearing on a petition for a parking variation, the proposed ordinance to be the subject of a public hearing before the Plan Commission. The motion failed by the following vote: Ayes: Gavin, Kelm, Stiehr (3) Nays: Brust, Moses, Neuman, Forrest (4) Trustee Brust stated he has suggested the appointment of an Administrative Review Committee, to review and consider revisions of procedures on matters such as this. Trustee Neuman concurred. Approve Env. Com. Recommendation A report from the Environmental Commission recommended Re: Open Burning Prohibition that the ordinance prohibiting the burning of leaves and other combustible materials be retained and not be repealed as is now authoirzed by the State, and the fact that the ordinance prohibiting the burning of leaves is still in full force and effect be publicized. Trustee Neuman moved, seconded by Trustee Gavin, that the Environmental Commission's recommendation be approved and adopted, and the ban on leaf burning be publicized. Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Neuman, Stiehr (5) Nays: Moses (1) Report- H.S.Drive Problem Youth Worker Tom Creighton reported the North Trail 1st Presentation Anti - Loitering Summit Drive Committee has met twice and has sub- Ordinance mitted recommendations which should alleviate the littering and loitering problem on and near High School Drive. The Committee has recommended to the High School Board and administration 236 M n Ln that a trial smoking area be provided-on campus for use without parental per- mission, the effectiveness of the on campus smoking area to be.revi,ewed. and evaluated after a reasonable time, and final decision mede. A smoking area is being provided on campus and will be ready in a few days, but parental permission w ill be required. Other recommendations include the passage of an anti - loitering ordinance for the area, and more frequent visits by the Police Department, particularly before and after school and during the noon hour. An ordinance was presented amending Chapter 28 of the Municipal Code by adding a new Article III - Loitering. The Village attorney stated the proposed ordinance was based on the National Institute of Municipal Law Officers' ordinance which has been sustained by the Courts in several cases. Trustee Gavin questioned whether passage of the ordinance might not destroy the good relationship with the Police Department. Mr. Frederick Finne, Summit Drive,,stated the smoking area on campus will be helpful, but in order to give relief to the homeowners, passage of the ordinance was necessary and should create not problems if intelligently en- forced by the Police Department. He pointed out that the smoking area on campus is to be used only for smoking, and parental permission must be given to use this area. Trustee Stiehr, a member of the committee, stated the School Board had done its part in solving the problem by providing a smoking area on campus, and the Board should do its part by passing the anti - loitering ordinance as recommended by the c ommittee. Trustee Moses moved, seconded by Trustee Stiehr, that the rules be waived to permit action on the ordinance -at its first presentation. The motion failed by the following vote: Ayes: Moses, Stiehr (2) Nays: Brust, Gavin, Kelm, Neuman (4) The ordinance will be on the agenda for the next meeting. Mr. William Rauch of the Youth Council stated the proposed ordinance was far broader than had been discussed by the committee, and the committee should be reconvened to consider the ordinance before the Board says the committee has rec- ommended the ordinance. The Village attorney explained ;_:that�an:�ant= }�oitering ordinance limited to the Summit -High School Drive area would noC be valid. Residents asked the Police to make more frequent visits to the area to a lleviate the problem of littering and loitering. They also stated marijuana is smoked there. Chief Whitton stated the Police Department had held back on enforce- ment while the committee was working on the problem, but past policies on enforce- ment will be reactivated. President Forrest stated a solution to the problem is not possible without the cooperation of all bodies - the homeowners, School Board, Village Board, Police Department, Youth Worker and students. $100 per--Month to Mr. William Rauch of the Youth Council stated N.S. Help Line the Council has recommended that $100 per month be given to the North Shore Help Line. The organization is doing an exceedingly fine job, but is underfunded. Various taxing bodies and service organizatio.ns^are.contA siting to the Help Line, but additional funds are needed if the work is-to continue. Trustee Kelm suggested that all public bodies be contacted. Trustee Gavin stated funds might be avail- able from the Illinois Law Enforcement Commission, and President Forrest suggested the Police Chief be consulted. H Trustee c ontributed to u Trustee o by adding that � i�netrsl�- �c Neuman moved, seconded by Trustee Gavin, that $100 per month be the North Shore Help Line until the end of the fiscal year. Stiehr moved, seconded by Trustee Brust, that the motion be amended funds from the Youth Council budget shall be used. Motion carried Trustee Kelm voting Nay. The motion as amended was adopted by the following vote: Ayes: Brust, Gavin, Moses, Neuman, Stiehr (5) N ays: KE1m (1) Authorize Ordinance -2 Class A The owner of Mr. Adams restaurant asked the Liquor Licenses Board to authorize the issuance of a beer license for his restaurant. The Village attorney stated the ordinance can be amended to provide for an additional license for the sale of beer to be consumed on the premises; the 1941 referendum prohibits " pouring licenses" except for liquor of not more than 4 per cent alcohol by weight. 1 I 1 37 Trustee Moses moved, seconded by Trustee Gavin, that the Village attorney prepare an ordinance to provide for an additional Class A (beer) license. Motion carried unanimously. S.C. Recommendation Re: A report from the Safety Council recommended that: Rosemary Terrace Traffic 1) "No Left Turn" signs be installed on the east side of Rosemary Terrace at Orchard Street and Westgate Road; 2) "School Zone" sign''s'be installed at the northeast corner of Deerfield Road and Rosemary Terrace for the Christ United Church Nursery School, and on the west side of Rosemary Terrace between Westgate Road and Orchard for the Holy Cross School area;,and 3) elimination of the parking spaces in front-of the National Tea Store and the cab stand in front of Shoppers Court on the north side of Deerfield Road. Trustee Gavin moved, seconded by Trustee Moses, that the recommendation for installation of No Left Turn signs on Rosemary Terrace be rejected. Motion carried unanimously. Installation of the "School Zone" signs will be handled administratively. Authorize Ordinance Eliminate Cab Stand side of Deerfield Road in front of Motion carried unanimously. Trustee Moses moved, seconded by Trustee Gavin, that the Village attorney be directed to prepare an ordinance eliminating the cab stand on the north Shoppers Court. Trustee Gavin spggested that President Forrest talk to the Chamber of Commerce regarding elimination of the parking spaces in front of the National Tea Store. Trustee Moses stated the Safety Council had discussed at some length the poor line of visibility at this crossing and had.decided on the recommended sign as the best solution to the problem. The "hump" in the crossing prevents motorists from seeing pedestrians and b icyclis;fis -but it was his opinion that the proposed signs did not give warning of the problem. Trustee Neuman moved, seconded by Trustee Stiehr, that the Safety Council's recommendation be rejected. Motion carried unanimously. S.C. Report -H.P. Sign Relation A report from the Safety Council recommended that & No U Turn - Carriageway & the City of Highland Park be requested to relocate Millston - Rejected the "Highland Park" city limits sign east of the entrance to Kings Cove Subdivision which is in Deerfield, and that a "No U Turn" sign be installed at Carriage Way and Millstone. Trustee Gavin moved, seconded by Trustee Moses, that both recommendations of the Safety Council be rejected. Motion carried unanimously. Reject S.C. Recommendation The Safety Council recommended that Stop signs be Stop Signs - Wilmot & North installed on Wilmot Road at North Avenue as re- quested by the Village of Bannockburn. Trustee Gavin moved, seconded by Trustee Moses, that the recommendation be rejected. Adopted by the following vote: AyeX: Gavin, tKelm; -Neuman, S.tiehr (4) Daps :Brust; Moses . -(2): Appointments -P.C. & Y.C. President Forrest proposed the following appointments to the Plan Commission and Youth Council: S.C. Resort- Update Signalization A report from the Safety Council recommended that & Gates at R.R. Crossings the Board request the Milwaukee Road to update signalization and crossing gates at railroad crossings. This matter will be discussed at the workshop meeting to he held Wednesday n ight, November 7th. Reject S.C. Recommendation A report from the Safety Council recommended that Signs Osterman R.R. Crossing - "Caution- Dangerous Bump" signs be installed at both approaches to the Osterman Avenue railroad c rossing. Trustee Moses stated the Safety Council had discussed at some length the poor line of visibility at this crossing and had.decided on the recommended sign as the best solution to the problem. The "hump" in the crossing prevents motorists from seeing pedestrians and b icyclis;fis -but it was his opinion that the proposed signs did not give warning of the problem. Trustee Neuman moved, seconded by Trustee Stiehr, that the Safety Council's recommendation be rejected. Motion carried unanimously. S.C. Report -H.P. Sign Relation A report from the Safety Council recommended that & No U Turn - Carriageway & the City of Highland Park be requested to relocate Millston - Rejected the "Highland Park" city limits sign east of the entrance to Kings Cove Subdivision which is in Deerfield, and that a "No U Turn" sign be installed at Carriage Way and Millstone. Trustee Gavin moved, seconded by Trustee Moses, that both recommendations of the Safety Council be rejected. Motion carried unanimously. Reject S.C. Recommendation The Safety Council recommended that Stop signs be Stop Signs - Wilmot & North installed on Wilmot Road at North Avenue as re- quested by the Village of Bannockburn. Trustee Gavin moved, seconded by Trustee Moses, that the recommendation be rejected. Adopted by the following vote: AyeX: Gavin, tKelm; -Neuman, S.tiehr (4) Daps :Brust; Moses . -(2): Appointments -P.C. & Y.C. President Forrest proposed the following appointments to the Plan Commission and Youth Council: :9 g Plan Commission:. Mr. Donald B. Wines to the term expiring in May, 1975. Youth Council: Mr. Edwin B. Seidman to the term expiring in May, 1975. Trustee Stiehr moved, seconded by Trustee Neuman, that the above appointments be approved. Motion carried unanimously. Report -VW Annexation The Village attorney reported that the annexa- tion agreement with Volkswagen provides that the Village's ordinances shall not be more restrictive than Cook County's ordinances. The attorney for Volkswagen is now reviewing the Cook County ordinances, and a report will be forthcoming shortly. Ordinance - Zoning Amendment Trustee Moses moved, seconded by Trustee Stiehr, Bond or Escrow k -1 -B District that the ordinance be passed amending Section (0- 73 -64) VI- B,D,3,b of the Zoning Ordinance to provide that as a condition for approval of a planned development in an R -1 -B District, the owner shall deposit in escrow or give other security for payment of a proportionate share of the cost of improvements for future streets in the planned development upon the occurrence of the earlier of 1) the issuance of a building permit for any part of the planned development, or 2) the development of neighboring property requires the installation of the improvements; the ordinance approving the planned development to be recorded if required by the Board of Trustees. Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. 1st Presentation - Ordinance Re: Nursing Homes The first presentation was made of an ordinance amending Chapter 18 of the Municipal Code by adding a new Article VII pertaining to the licensing and regulation of nursing homes. Trustee Neuman moved, seconded by Trustee Moses, that the ordinance be amended as follows: Section 18.704a; Change 21 years of age to 18 years of age, and delete the words "physical and "; Section 18.705a - Add at the end thereof the phrase "as now enacted or hereafter amended ". Adopted by the following vote: Ayes: Brust, Gavin, Kelm, Moses, Neuman (5) Nays: Stiehr (1) Table B & W Proposal A letter from Baxter & Woodman gave a cost of _Bannockburn Sewage Study $1,000 for a study of the Bannockburn sewerage area. President Forrest stated Bannockburn had increased the area to be served by Deerfield to include industrial property, and he felt Bannockburn should pay for the study. Trustee Neuman moved, seconded by Trustee Gavin, that the matter be tabled. Motion carried unanimously. Report - Deerbrook Bic clerPath Trustee Gavin stated the bicycle path in the Deerbrook Shopping Center should have been provided when the Center was being planned. Florence Avenue will be a good route when it is annexed to the Village, but this does not solve the immediate problem. The manager of the Center will recommend that an internal traffic study be made and she asked the Village manager to follow up on this recommendation. Trustee Neuman stated the logical place for the bicycle path is at the rear of the buildings although this location will require moving the fence and will take away some parking spaces. Trustee Stiehr stated that, in order to follow up on Trustee Neuman's suggestion, it must be determined how many parking spaces will be lost, and if parking requirements are not met, a variation may be required after a public hearing before the Board of Zoning Appeals. President Forrest suggested the manager get a report on parking from the building commissioner, and the Board can then determine what should be the next step. The Safety Council will be con- sulted on the designation of a bicycle path. PostponeConsideration Revised personnel rules and regulations Personnel Rules Revisions were presented. Trustee Brust stated the cover letter said the rules had been put into effect jury administrative decision until action is taken by the Board. He questioned this procedure. 1 Ci 2' c The manager stated he had understood that the provisions of the Police Contract would apply to all Village employees and the revisions merely reflect changes resulting from the Police Contract with one exception — the Public Works Department. Trustee Moses moved, seconded by Trustee Neuman, that consideration of the revised Personnel Rules and Regulations be postponed until the next meeting. Motion carried unanimously. In connection with a letter from the Village attorney, Trustee Brust asked why payment had been made to the Park District for property proposed to be dedicated to the Village for the Park Avenue extension. The attorney stated the Park Board needed the funds since property on Hazel Avenue had been acquired to replace land to the dedicated for the street. The clerk stated she has not received the Plat of Dedication, which must be recorded. There being no further business, on motion by Trustee Brust and seconded by Trustee Neuman, the meeting was adjourned at 12:00 midnight. A TTEST: Village Clerk 1 Y APPROVED: it President