12/17/1973 (2)252
December 17, 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, December 17, 1973 at 8:15 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. James Stucko, representing the Village attorney, and Norris Stilphen,
m anager. .
Trustee Brust moved, seconded by Trustee Stiehr, that the minutes of the
regular meeting' held December 3, 1973 be approved as corrected (page 250, last
line 2nd para. - delete "although it is used as such ", and line 51 - "$15,000 ".
Motion carried unanimously.
Approve Warrant No. W- 73 -12= Trustee Brust moved, seconded by Trustee Kelm,
that Warrant No. W -73 -12 - Payment of bills,
including fund transfers and reimbursements, be approved. Adopted by the following
v ote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
N ays: None (0)
In connection with a question about payment of dues to the Kiwanis Club
Chief of Police Whitton stated it was a policy of the department to have an
officer involved in each civic organization. Trustee Gavin pointed out that the
League of Women Voters accepts associate memberships.
Treasurer's Report The treasurer's report as of November 30, 1973
was received. Mr. Valentine stated the item
"Due to other funds" was primarily amounts due to the garage account from other
funds, and sufficient data are required to properly evaluate each departments share
of the costs. The transfers to the garage account will be made before the end of
the fiscal year.
Approve Consent Agenda The Consent Agenda, as revised, was presented
for consideration, as follows:
CONSENT AGENDA
Resolution authorizing execution of application to the Department of Transporta-
tion for a Highway Permit for the construction and operation of a storm
sewer on East side of Waukegan Road North of North Avenue. (R- 73 -27)
Resolution authorizing execution of application to the Division of Waterways for
a permit to discharge storm water into the West Fork of the North Branch
of Chicago River at Cranshire Court, Stratford Road and Deerpath Drive.
(R- 73 -28)
Authorization for release of final payment of Escrow Funds for Laurel Hill Unit
No. 6 improvements; $6,459.70 to Lakeland Construction Company.
Trustee Brust moved, seconded by Trustee Stiehr, that the Consent Agenda
be approved. Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
N ays: None (0)
1st Presentation -Mun. Code Amend. The first presentation was made of an ordinance
T opo Required of Surrounding amending Section 9.105,.Number 24, to require
Property-Subs. & Resubs. a subdivider to furnish a topographical sur-
vey of platted and adjoining properties for
subdivisions and resubdivisions.
W ). t
Trustee Kelm reiterated his previous objection to a requirement for a topographical
survey of surrounding properties for all subdivisions and resubdivisions. In some
cases, the survey may be unnecessary and a needless expense to the subdivider. He
proposed that a topographical survey of surrounding properties be provided only if
requested by the Village engineer.
The ordinance will be on the agenda for the next meeting.
Ordinance -Bike & Pedestrian Trustee Neuman moved, seconded by Trustee Kelm, that
Access Way to Bowling Alley the ordinance be passed amending the Municipal Code
FAILED by adding a new Section 13.301A which will require
a bowling alley licensee to provide an access way
for pedestrians and bicycles only from the nearest public street or sidewalk to the
principal entrance to the bowling alley, with compliance--required within six months
from the date of adoption of the ordinance.
Trustee Stiehr stated he was opposed to the ordinance as written, although
agreeing with its intent; the Village, unable to solve the problem of the location of
a pedestrian - bicycle path in Deerbrook Shopping Center, is requiring the licensee to
find a solution. Trustee Moses suggested deletion of the last sentence which would
require compliance within six months. Trustee Gavin stated the Plan Commissinn would
be considering Florence Avenue within the month, and may well provide a solution to the
problem. Trustee Neuman stated the ordinance had been prepared at his request and it
was incumbent on the Board to insist that places of public amusement be accessible to
pedestrians and bicyclists, particularly the youth. He had no objection to striking
the six month provision, and suggested that, before the bowling alley license is
renewed, a clearly marked pedestrian - bicycle path must be provided. He said it was
not the res.pons;ibility.-: of...the..Board` to= designate .the-_location of the path. Trustee
Kelm pointed out if the location is not convenient, the path will not be used. Trustee
Moses stated if the licensee is the lessor, he may not be able to comply with the
ordinance. Trustee Stiehr stated it would be necessary to amend the Annexation Agree-
ment under which the Deerbrook Shopping Center was developed. Trustee Neuman responded
that the Village attorney felt the ordinance would cover Deerbrook without amending
the Annexation Agreement.
Upon roll call, the ordinance failed of passage by the following vote:
.Ayes: Neuman (1)
Nays: Brust, Gavin, Kelm, Moses, Stiehr (5)
Ordinance- Bike - Pedestrian Trustee Brust moved, seconded by Trustee Stiehr,
Access Way to Theatres that the ordinance be passed amending Section
FAILED 13.708 of the Municipal Code by adding a new
Subsection (b) which will require the licensee
of a motion picture theatre to provide an access way for pedestrians and bicycles only
from the nearest public street or sidewalk to the principal entrance to the theatre,
with compliance required within six months from the date of adoption of the ordinance.
The motion failed by the following vote:
Ayes: Neuman (1)
Nays: Brust, Gavin, Kelm, Moses, Stiehr (5)
Trustee Moses stated he had no objection to an ordinance running against the land
owner if the Board felt it necessary. He then moved, seconded by Trustee Gavin, that
the Village attorney be directed to prepare a new ordinance applicable to the owner
of property to be used as a bowling alley or theatre.
Trustee Gavin pointed out there were other places of commercial amusement.
Trustee Stiehr asked why the ordinance should be limited to places of commercial
amusement - why not require pedestrian- bicycle paths to parks and similar places.
Trustee Gavin suggested the appointment of a committee on bicycle paths. Trustee Moses
proposed the question be referred to the Plan Commission. Mr. Stucko questioned the
enforcement of the ordinance against the lessor, but stated it would be enforceable
against the owner of the property. The motion and second were withdrawn.
1st Presentation - Ordinance The first presentation was made of an ordinance
Removal from Village of amending Section 19.210 - Vicious dogs, which
Dangerous Dog provides that a dog shall'be<removed_�from the
Village if it attacks a person without provocation,
and Section 19.211 - Dog bites.
Discussion was had on the proposed ordinance. Mr. Harold Winer, prosecuting
attorney for the Village, stated the present ordinances provides only for impoundment
and payment of a fine for violations; the owner may redeem the dog. The proposed
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ordinance extinguishes the right of redemption and will require removal from
the Village. Trustee Neuman moved that the proposed ordinance be amended to
provide for removal of the dog only if it bites a person , without provocation,
off the premises of the owner. The motion failed for lack of a second.
The ordinance will be on the agenda for the next meeting.
Ordinance -Abate $43500 of
Library Bldg. Bond Tax
(0- 73 -70)
Building bonds,' a levy of only
the ordinance to be filed with
The ordinance was presented authorizing and
directing the County Clerks of Lake and Cook
Counties,to abate $43,500 of the tax of
$213,250 heretofore provided for Library
$169,750 being necessary; certified copies of
the County Clerks.
Trustee Brust stated the Library Board had received a grant for the con-
struction of the library, and he felt the entire amount of the grant should be
abated. He sugge"s'ted It w6uld be in order for the Board of Trustees to pass a
Resolution requesting the abatement of a larger amount by the Library Board.
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 Neuman, that the ordinance be
passed. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: Brust (1)
The ordinance will be re -typed for correction of an omission, to be signed
by the President.
Ordinance- Abate.!'*$130270.59 of
S.T. Facilities Bond Tax
(0- 73 =71)
$194,600 heretofore provided for
only $64,329.41 being necessary;
with the County'Clerks.
The ordinance was presented authorizing and
directing the County Clerks of Lake and Cook
Counties to abate $130,270.59 ($120,000 +
$10,270.59 accrued interest) of the tax of
Sewage Treatment Facilities bonds, a levy of
certified copies of the ordinance to be filed
Trustee Brust stated construction costs are increasing rapidly, and he felt
the abatement of $1.20,000 from interest earned was inadvisable since these funds
may be needed when additions and improvements to the sewage treatment facilities
are constructed. A Federal grant for payment of a part of the cost of the improve-
ments is uncertain, and he would dislike having to ask the voters to approve the
issuance of additional bonds. Trustee Neuman concurred. Both the President and
Trustee Kelm stated they would like some relief for the taxpayer which would be
provided by the abatement of $120,000.
Trustee Kelm moved, seconded by Trustee Moses, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unani-
mously.
Trustee Kelm moved, seconded by Trustee Moses, that the ordinance be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: Brust, Neuman (2)
The President will approve and sign the ordinance with the other abatement
o rdinances.
Ordinance- Abate;$5521.63 of The ordinance was presented authorizing and
Sewer Improvement Bond Tax directing the County Clerks of Cook and Lane
(0- 73 -72) Counties to abate $5,521.63 (accrued interest)
of the tax of $104,620 heretofore provided for
Sewer Improvement bonds, a levy of only $99,098.37 being necessary; certified
copies of the ordinance to be filed with the County Clerks.
A spelling error and incorrect date for passage of the bond ordinance were
p ointed out.
Trustee Moses moved, seconded by Trustee Brust, that the rules be waived to
permit action on the ordinance, as corrected, at its first presentation. Motion
c arried unanimously.
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Trustee Moses moved, seconded by Trustee Stiehr, that the ordinance be passed.
Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
The President will approve and sign the ordinance after it is re -typed with
errors corrected.
_Ordinance-Agreement to The ordinance was presented providing for an Agree -
Purchase Property for Public ment for the purchase of real estate commonly known
Parking-865 Deerfield Rd. as 865 Deerfield Road for public parking facilities
(0- 73 -73) and other municipal purposes, the legal description
of the property and Agreement to be attached as
Exhibit A.
Trustee Neuman moved, seconded by Trustee Moses, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Neuman moved, seconded by Trustee Gavin, that the ordinance be passed.
Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
The meeting was recessed at 9:25 p.m., and reconvened at 9:45 p.m., all members
present.
Ordinance- Authorize $15000
Federal Revenue Sharing
Funds for Mobile Intensive
Care Unit - Revise Budget
(0- 73 -74)
Trustee Stiehr moved, seconded by Trustee Kelm,
that the ordinance be passed authorizing the
expenditure of $15,000 of Federal Revenue Sharing
Funds to purchase a mobile intensive care unit and
revising the Annual Village Budget to provide a
proper allocation of funds for such purpose.
Trustee Brust, who stated this was the most difficult decision he has had to make
as a Trustee, urged the Board not to approve President Forrest's recommendation to use
$15,000 of Revenue Sharing Funds for a second mobile intensive care unit. He was
concerned about the precedent of giving funds to other taxing bodies. He recommended
that the present ambulance be used as a backup for the mobile intensive care unit
which has been ordered; when the ambulance is no longer serviceable, the purchase of
a second unit can be considered. He stated the Budget indicates other uses for Revenue
Sharing Funds.
Trustee Stiehr pointed out that Revenue Sharing Funds had been paid to the Park
District for dedication of property for the Park Avenue extension, and while these
funds were not a gift, they were helpful to the Park District. The second mobile in-
tensive care unti is really for the public health and safety of the residents.
The treasurer reported there was approximately $57,000 Revenue Sharing Funds
available at this time; however, if these funds are used for the purchase of open
space, all Revenue Sharing Funds will be obligated for a number of years. The manager
pointed out that acquisition of open space was only a tentative obligation.
Trustee Neuman stated the Board had discussed implementation of the Comprehensive
Plan and the use of Revenue Sharing Funds for this purpose. He suggested that one
unit be put in service first and experience gained in its operation; then if a seocnd
unit seems desireable, perhaps its purchase could be financed in the same manner as
the first. He said the fund raising drive sponsored by the Rotary Club was the finest
kind of civic action. If this cannot be done, a contribution may be considered in
next year's Budget.
Several members of the Rotary Club stressed the need for a second unit and urged
the Board to approve a contribution for its purchase. They stated the endorsement of
the project by a contribution from the Village would provide tremendous momentum in
achieving the funds needed for purchase of the first unit.
President Forrest stated Bannockburn had agreed to contribute $1,000 and River-
woods will contribute up to $500. Fire Chief Jack Gagne reported that Baxter Labora-
tories will give a fibrillator unit, and the West Deerfield Township Board will consider
an allocation of funds for telemetry equipment for the second unit; the District will
trade -in the old ambulance. The greatest contribution from the District will be the
manpower and training.
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The motion to pass the ordinance carried by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: Brust, Neuman (2)
The President signed the ordinance indicating his approval thereof.
Re: Parking Tickets & Fines Chief of Police Warren Whitton reported he
Authorize Ordinance on Fines had met twice with Judge Van Deusen to discuss
a change in parking ticket procedures as pro-
posed by the Board. Although the Judge had stated he would give the matter further
consideration, the Chief felt no change would be made.
The Chief submitted a suggested schedule of fines for parking violations
with higher fines for the more serious violations.
Trustee Kelm moved, seconded by Trustee Brust, that the Village attorney be
directed to prepare an.ordinance establishing fines for parking violations in
accordance with the Chief's memorandum dated November 27.
Motion carried unanimously.
Pass Ordinance,Over Veto The President having vetoed the ordinance
No. of Liquor Licenses amending Section 15.009 of the Municipal Code,
increasing the number of Class A (beer) licenses
to two (Ordinance No. 0- 73 -69), Trustee Moses moved, seconded by Trustee Neuman,
that the ordinance be passed over the President's veto. Adopted by the following
vote:
Ayes: Gavin, Kelm, Moses, Neuman (4)
Nays: Brust, Stiehr (2)
The ordinance was declared passed over the veto and was not signed by the
P resident.
Trustee.Brust and President Forrest stated a policy on liquor licenses was
needed, and they would like to see one developed':.
Pre -Bid Conference The Village engineer recommended that all
Not Required bidders on major construction projects be
required to attend a pre -bid conference.
Trustee Neuman moved, seconded by Trustee Brust, that the Village engineer be
instructed to include in the bidding instructions for major construction projects
if the engineer's estimate of cost is in excess of $50,000, a requirement for a
pre -bid conference as a prerequisite for bidding. The motion failed by the
following vote', the "Pass" votes being counted with the majority:
Ayes: Brust, Neuman (2)
Nays: Kelm, Stiehr, Forrest (3)
Pass: Gavin, Moses (2)
No PERT Chart Required A memorandum from the Village engineer stated
he did not believe a requirement for a Program
Evaluation Review Technique (PERT) on major construction projects would benefit
the Village substantially, and therefore was not recommended. The Board concurred.
1st Presentation The first presentation was made of an ordin-
Ordinance - Contracts ance amending Chapter 10 of the Municipal Code
by striking Sections 10.204, 10.208 and 10.209
and adding a new Article IIA "Contracts ".
Trustee Neuman stated he thought the Board had a standing rule that members
get copies of the existing ordinance with the proposed amendment, and asked that
copies of the present ordinance be sent this week.
Trustee Brust suggested that the phrase "within the Budget" be included in
the second paragraph on page 6. He would also like to know what rules and pro-
cedures have been promulgated by the manager. Trustee Kelm asked that Section
10.204A (a) include the phrase "capable of being a '-prospective bidder" in the
third line. President Forrest asked the Village attorney to draft the proposed
changes.
Authorize Ordinance A memorandum from the manager stated that
Re: Food Licenses strict interpretation of Section 14.101 of the
Municipal Code would a food license for stores
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selling candy, ice cream and other packaged foods.
Trustee Moses moved, seconded by Trustee Brust, that the Village attorney be
directed to prepare an ordinance amending Section 14.101 of the Municipal Code by
adding "other than food products prepackaged off the premises'".
Motion carried unanimously.
Accept Bid - Zeigler & Sons
$26170.57 MFT 36 -TL -CS
Deerfield-Wilmot Traffic
Signals
the tehnicality of no unit price
Item 32 (controller).
Bids having been received on the installation of
traffic signals at :Deerfield and Wilmot Roads,
Motor- fuel.,- Tax_-Secton ,36 -TL -CS , the Village
engineer recommended the acceptance of the low bid
of $26,170.57 submitted by Zeigler & Sons, waiving
on Item 31 (control cabinet) which was included in
Trustee Moses moved, seconded by Trustee Brust, that the low bid of $26,170.57
be accepted and the contract awarded to Zeigler & Sons for installation of traffic
signals at Deerfield and Wilmot Roads, waiving the techicality on Item 31. Adopted by
the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
Trustee Neuman stated there has been difficulty with traffic signal controls, and
asked what has been done to put the responsibility for proper functioning on the
contractor. Trustee Kelm agreed that, if a defect appears, the contractor should be
notified and held responsible for the proper operation of the signals. President
Forrest asked the manager to set up a procedure whereby the contractor will be respon-
sible for the satisfactory functioning of the installation.
S.C. Recommendation A report from the Safety Council recommended that
Right Turn on Red signs be posted prohibiting right turns on red
at the following locations: Lake -Cook and Waukegan;
Deerfield and Waukegan; Deerfield, Petersen and Hoffman; Kipling and Deerfield;
Osterman,, Longfellow and Waukegan; Hazel and Waukegan; and High School and Waukegan.
Trustee Neuman stated he believed the Safety Council's recommendation was based
on lack of experience; a right turn on red after stopping and yielding right -of -way
to pedestrians and intersecting-traffic has worked well in other states. As people
become accustomed to the new law there will be no pressure to prohibit right turns on
red. Mr. Willard Alroth of Paul C. Box and Associates stated right turns on red have
been permitted in some states for several years, and to his knowledge there have been
no adverse effects. Some complex intersections may require a prohibition on an individual
b asis, he said.
Decision was made that this matter be put on the agenda for the first meeting
in June.
Village to Intervene President Forrest reported the City of Highland
H.P vs. Homart Park and others had filed suit to halt the con-
struction of the Homart project on the south side
of Lake -Cook Road in Northbrook. A letter from the Village attorney stated if the
Village joins in the suit it would add strength to the case.
Trustee Brust moved, secondedby Trustee Neuman,that the Village intervene as an
additional plaintiff in the suit filed by the City of Highland Park, et al vs. United
States Environmental Protection Agency, Sears Roebuck & Company, et al. Adopted by
the following vote:
Ayes: Brust, Moses,
Nays:-;Gavin (1)
Abstaining: Kelm
Neuman, Stiehr (4)
(1)
Reports - Communications Trustee Neuman stated that, after reading the
letter from Commonwealth Edison, he could'see
no benefit to the Village in giving a new franchise at this time; if the company
wants a new franchise they should answer what can be done jointly with the Village to
put utility lines underground more rapidly than is provided by the proposed franchise.
He asked when Petersen Lane and the south end of Park Avenue will be closed inasmuch
as the new Park Avenue extension through the Park is almost completed. He also asked
about the 4cquistion of property on the south side of Deerfield Road which is a high
priority item. President Forrest stated the relocation of Park Avenue would be in-
cluded in next year's Budget. He will discuss acquisition of property with Trustee
Neuman.
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In connection with previous discussions of truck traffic on Deerfield
Road, Trustee Brust stated it was apparent that one telephone call from
Trustee Moses ;shad. -got favorable action from the Illinois Tollway Authority.
The President stated a meeting with Riverwoods would be arranged to discuss
p ossible solutions.
The manager reported the Tollway Authority will answer his letter
regarding the impact of blacktopping the median strip. The Authority had
mislaid his first letter.
Trustee Brust stated he was very disturbed about the payment to; the Park
District in June for the property for the Park Avenue extension, before the
title report was received, and the dedication of the property was not consummated
until November. Trustee Neuman stated the manager should realize that real
estate trasfers are necessarily formal and rules must be followed.
Discussion on setting aside $4.00 a year for each sewer service for sewer
work will be on the agenda for the January meeting.
The clerk asked for a meeting with the Board to discuss various problems.
Decision was made to schedule this meeting for either Thursday, January 10th or
M onday, January, 14th.
There being no further business, on motion by Trustee Brust and seconded
by Trustee Moses, the meeting was adjourned at 11:30 p.m.
ATTEST:
Village Clerk
APPROV `
P r e s i db n
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