01/07/1974January 7, 1974
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, January 7, 1974 at 8 :05 p.m. The clerk called the roll and reported
that the following were
Present: Bernard Forrest, President
Norma Gavin
George Kelm
Walter H. Moses, Jr.
Werner E. Neuman
Daniel H. Stiehr
Absent: Albert E. Brust
and that a quorum was present and in attendance at the meeting. Also present were
M r..Richard Houpt, Village attorney, and Mrs. Marjorie Emery, assistant to the manager.
Trustee Stiehr moved, seconded by Trustee Moses, that the minutes of the
meeting of the Board of Local Improvements and the regular meeting of the President
and Board of Trustees, both held on Monday, December 17, 1973, be approved as sub-
mitted. Motion carried unanimously.
Approve Consent Agenda The Consent Agenda was presented for consideration
as follows, certain items having been deleted by
the' Board :
CONSENT AGENDA
Recommendation of Police Department that an ordinance be prepared prohibiting parking
on the west side of Petersen Lane.
Ordinance amending Number 24 of Section 9.105,a of Chapter 9 (Subdivision. Code) of the
Municipal Code to require contours of platted and adjoining properties if
requested by the Village engineer. P10 11gh'in pamphlet form. (0 -74 -1)
Ordinance amending Section 14.101 of the Municipal Code (Definition of "food dealer ")
to exclude those selling only food or beverages pre - packaged off the premises.
(0 -74 -2)
Acceptance of Permit for Warwick Road storm sewer outfall from Department of Trans-
portation and authorization for President to sign.
Trustee Moses moved, seconded by Trustee Kelm, that the rules be waived to
permit action on the ordinance pertaining to food dealers at its first presentation.
Motion carried unanimously.
Trustee Kelm moved, seconded . by - Trustee Stiehr, that the Consent Agenda be
approved, including passage of the ordinances. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
The President signed the ordinances indicating his approval thereof.
Mun. Code Amend. Discussion was had on the ordinance which.was
Art. II, Chapter 19 -Dogs presented amending Sections of Article II of
(0 -74 -3) Chapter 19 of the Municipal Code, pertaining to
vicious dogs, dog bites and disturbing quiet.
Trustee Neuman stated he did not believe the provision that a dog which unprovokedly
attacks a person - shAllJbe :.removed1.fr:omtbhe "!Village upon conviction of a violation by
the owner was not originally intended to apply to a dog on the premises of the
owner and -protecting the property of the owner.
Trustee Neuman then moved, seconded by Trustee Stiehr, that the attorney be
directed to prepare and ordinance which would not include dogs on the premises of the
owner. The motion failed by the following vote:
Ayes: Neuman (1)
Nays: Gavin, Kelm, Moses, Stiehr (4)
. The question of who would sign the complaint, who would prosecute,how it would
be determined that a dog is vicious and an attack was unprovoked was discussed.
The Village attorney stated that ultimately the court would make the decision on
whether a dog was vicious and a finding of guilty should be made.
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Trustee Kelm moved, seconded by Trustee Moses, that the ordinance be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: Neuman (1)
The President signed the ordinance indicating his approval thereof.
Mun. Code Amend.- Contracts The ordinance amending Chapter 10 of the
Chapter 10, Article IIA Municipal Code by striking Sections 10.204,
0 -74 -4) 10.208 and 10.209 and by adding a new
Article IIA "Contracts" was discussed.
Trustee Neuman stated he did not favor the passage of the ordinance, and suggested
'that the Board or a committee establish a policy on purchases and contracts which
could be codified as an ordinance. He suggested that, in Section 10.209A regarding
open market purchases, the term "quotes" be used rather than "bids ", and the
contract be awarded on the basis of the lowest responsible "quotation ". The Board
approved this change. Trustee Neuman proposed that consideration of the ordinance
be postponed until the second meeting in March.
Trustee Kelm stated the Finance Committee had thought that, after the
ordinance is passed, the manager would set procedures. Trustee Gavin stated she
felt both procedures and the ordinance should be done at the same time. Trustee
Stiehr stated he felt the ordinance should be passed inasmuch as the general
intent on purchases and contracts is covered and procedures can later be refined.
The matter of joint purchase agreements was also discussed.
Trustee Kelm moved, seconded by Trustee Stiehr, that the ordinance be
p assed.
Trustee Moses moved, seconded by Trustee Kelm, that Subsection (f) of
Section 10.204A, pertaining to joint purchase agreement, be deleted. Motion
c arried .
The motion, as amended, was adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: Neuman (1)
The changes made prior to passage will be inserted in.theiordinance
which will then be approved and signed by the President.
Attorney's Report- Recodification The Village attorney submitted a report on
the status of the recodification of the
Municipal Code. He stated he had reviewed the preliminary draft prepared by the
National Institute of Municipal Law Officers ( NIMLO) and had eliminated dupli-
cations and corrected language and syntax where needed. Suggested revisions
have been received from department heads, staff and officials. The draft can
now be returned to NIMLO for printing with an'opportunity to make nominal changes
in the proofs. This procedure would provide and updated code, but would not
b e an in -depth review. He recommended that he and several associates sit down
with Village employees, staff and officials, make changes they have the power
to do, keep a record of what was done and why, which would result in an in -depth
revision of the Code. He estimated this work would take three people up to but
not more than a week. Some of the suggestions from department heads for revisions
have not been clear, and would be clarified in this way.
Trustee Stiehr stated that it was his understanding when the contract was
awarded to NIMLO, it included an in -depth review of the existing code, a re-
codification and recommended changes, and he was disturbed by, the''report. and
by the attorney's recommendation which would increase the cost of the new Code.
He suggested the new code be printed with present corrections and additional
corrections be made when the proofs are received.
After further discussion, President Forrest proposed a workshop meeting
on Monday, February 11th, to review thework done by NIMLO and subsequent cor-
r ections.
Report -Bldg. & Zoning Dept. A report was received from Mr. Charles Smalley
on the building and zoning department's
operations and goals. Discussion was had on microfilming the building department
files which had been proposed by Mr. Smalley. He said the cost for microfilming
everything in the files, including letters, would be approximately $5,000; if
only the blueprints were microfilmed, the cost would be $1,500 to $2,000. Micro-
filming would reduce storage space by about two - thirds, and no additional files
need be purchased. House plans on file are useful when the owner wishes to re-
model. If microfilmed, plans can be reproduced for the owner at a cost of
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$10.00 to $15.00 which would be paid by the owners. There would be no reimbursement
to the Village of the original microfilming costs.
Trustee Neuman suggested the files be cleared of all plans over ten years old;
the owner could be notified to pick up the plans within a given number of days, and
if not picked up, the plans could be thrwon nut. Several members stated they did not
like the idea of destroying old plans although it was recognized that storage space
was a consideration which must be weighed against the cost of microfilming. Trustee
Moses proposed that no decision be made at this time and the matter be taken up later
in the year. Trustee Stiehr suggested the Board might consider a limited program
to microfilm plans only, and expansion of the program later.
Mr. Smalley reported briefly on department operations and stated no additional
staffing was needed. Trustee Gavin asked about basement flooding in the Annex and
said Mr. K1asinski, Public Works Director, had suggested the installation of a sump
pump. Mr. Smalley reported the gutters had been cleaned and grades built up. Chief
of Police Whitton reported the basement had been flooded within the past three months.
President Forrest asked the Chief to submit a recommendation on a sump pump installation.
Report -H.S. Drive Loitering President Forrest stated Chief of Police Whitton
had submitted a written report dated January 2, 1974
on the High School - Summit Drive litterint problem. Chief Whitton stated there has
been virtually no loitering in the area and proposed the department resume routine
.patrolling,:keeping,-an eye on-the area. Trustee Moses stated the smoking area on the
High School grounds was not working at all, and the loitering problem would undoubtedly
recur in the spring. Trustee Neuman stated normal patrol should disclose any re-
sumption of the loitering problem, and residents should not have to call the police
to abate the nuisance.
President Forrest stated a decision on closing the gate on High School Drive
had been postponed until the first meeting in January.
Trustee Moses moved, seconded by Trustee Kelm, that the matter of closing the
High School Drive gate be tabled. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman (4)
Nays: Stiehr (1)
Discussion - Dumping in Flood Mr. Charles Smalley, building commissioner,
Plain by Kennedy Const. Co. reported that he had received information last
Thursday, January 3rd, that the George W. Kennedy
Construction C ompany was dumping excess dirt from the Oxford Road storm sewer project
on the property east of and adjacent to the East Drainage Ditch on the south side of
Deerfield Road which is in Deerfield and also in the flood plain. A Stop Order was
issued Thursday noon and the police department notified, but despite this action,
dumping was continued on Friday,r.S.unday and also today. Mr. Kennedy has been warned
that legal action would be taken.
Mr. Franz Wagner, brother of the owner of the subject property, stated per-
mission had been given to Mr. Kennedy to dump fill on part of the property which is
very low, in order to bring it up to the grade of properties to the west and east.
He had no knowledge of, or had any intention to violate the flood plain or any other
ordinance of the Village. The area on which the company is dumping is so low a garage
cannot be constructed without flooding. He asked that permission be given to continue
dumping until arrangements can be made to provide and equal amount of reservoir space
based on plans acceptable to the Village and conforming to ordinance requirements.
Chief Whitton stated the police department was involved, having responded to
complaints and discussed the matter with the building commissioner, but, as far as he
knew, no tickets had been issued.
President Forrest stated this was a serious offense and asked the Police Chief
to take appropriate action to stop the dumping. He said there was nothing this Board
could do to permit the Kennedy Construction Company to continue to dump fill on the
Wagner property.
The meeting was recessed at 9:50 p.m., and reconvened at 10:00 p.m.
Discussion -R.R. Station A• lengthy discussion was had on the pros and cons
Continue Efforts to of the renovation or replacement of the railroad
Renovate station. A letter from Mr. Hornung of the Mil-
waukee Road gave an estimate of $4,500 for the
maintenance of the present station versus $1,500 for a new station. The railroad
does not carry_ insurance on station property but acts as a self insurer. *for.structures
under a $100,00f0 "valuat•ion.
*Correction 1/21/74
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Trustee Neuman stated he had discussed maintenance costs with Mr. Don
Wrobleski who is interested and working to preserve the present station. Mr.
W robleski had stated the railroad charges off $72 per day each time a man is
sent from Chicago for maintenance, even though it is only replacement of a
broken window, although probably additional work is done. He suggested as a
possibility, that the railroad pay to the Village the $1,500 allocated for..main-
t enance, and the work be taken over by Public Works employees who will do a
b etter job.
The Village treasurer stated the Village's insurer had estimated the
cost of insurance to be $2300 per year for $100,000 coverage. Discussion was
had on the costs of station replacement if the present station burns down, and
who would pay these costs. Trustee Gavin stated the Golf zailroad station is
leased by the municipality. It was pointed out that the question of liability
insurance should be taken into consideration if the Village takes over the
responsibility for maintenance of the station property. Also to be considered
is the use of the station by people who are not residents of the Village.
Trustee Moses suggested that other municipalities whose residents use the station
be asked to give a contribution for maintenance. Trustee Neuman suggested that
maintenance be separated into two categories, interior and exterior maintenance.
Mr. Howard Kane, Deerfield's representative on the Board of the Transit District,
stated the District had an obligation to get the maximum benefit for each dollar
expended, and the problem was should funds be spent for renovation of the present
station or for a replacement of fireproof construction with low maintenance costs.
Trustee Stiehr stated the old station was picturesque but he could not
approve a long term.commitment to subsidize ibs.maintenance for the sake of
nostalgia. Trustee Neuman pointed out the present station is substantially
larger than the proposed replacement, and during periods of inclement weather
the station is jammed with commuters. He said the work done on the station by
the Jaycees and the efforts of many people to preserve the station was the finest
kind of community action and `these factors musttbe_:takeii into- consideration.
Trustee Moses moved, seconded by Trustee Neuman, that attempts to refurbish
the old Milwaukee Road railroad station be continued. Adopted by the following
vote:
Ayes: Gavin, Kelm, Moses, Neuman (4)
Nays: Stiehr (1)
Trustee Neuman suggested that someone be appointed to negotiate with
the Railroad, Transit District and other communities on the maintenance and
renovation of the existing station. President Forrest asked Trustee Moses to
undertake this assignment and Trustee Moses consented.
Ordinance - Allocate $6552 The ordinance was presented allocating
MFT to Transit District $6,55e.00 from Motor Fuel Tax funds to the
(0 -74 -5) North Suburban Mass Transit District.
Mr. Howard Kane stated the amount requested was the same as that given
last year. The surplus shown in the District's report of June 30, 1973 has
been substantially consumed by fees paid to consultants. A considerable amount
was expended for exploration of bus service for the Deerfield - Highland Park -
Northbrook area, and additional funds are needed if the District is to carry
o ut its work.
Trustee Kelm moved, seconded by Trustee Neuman, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried un-
animously.
Trustee Neuman moved, seconded by Trustee Kelm, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
Discussion RTA Trustee Gavin reported she had attended a
meeting on the Regional Transporation
Authority legislation only to discover the meeting had been arranged by 1 "egis-
1 ators who opposed passage of the referendum to be held March 17, 1974 on the
b ill. The law can be amended by the legislature prior to the referendum and
she recommended that a resolution be passed requesting amendment of the RTA
law but supporting the RTA concept. Several members stated a resolution re-
questing amendments without specific amendments in mind would service no useful
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purpose. Trustees Kelm and Neuman stated it was important that the RTA referendum
be passed; the law can be amended when and if problems arise. Trustee Neuman said
he would like to see discussion of the matter when the Board will have some knowledge
of any amendments before the referendum. The President stated he would have this
matter put on the agenda for the first meeting in March.
Authorize Ordinance =$4 Yr. The President stated :-.the Board had approved, on
Added to Sewer Bills October 23, 1972, the establishment of a Reserve
Fund, not to exceed $100,000 at any given time,
for major maintenace and replacement of sanitary sewers, to be financed by an. increase
in th`efcsewer service - charge rate, but there had been no implementation for the establish-
ment of this fund. The manager has recommended a charge of $1,00 per quarter per
customer. Trustee Kelm stated the Reserve Fund had not been taken into consideration
when the 30c,% flat sewer rate was recommended. He felt the most forthright way to
finance the fund was by a $1.00 per quarter per customer charge which can be discon-
tinued when the maximum amount is reached.
Trustee Neuman moved; seconded by Trustee Moses, that the attorney be directed
to prepare an ordinance assessing each sewer user a surcharge of $1.00 per quarter
to accumulate the fund approved by the Board in Ocotber, 1972, for the period ending
May 1, 1975, this surcharge to be reviewed each year.
Motion carried unanimously.
In connection with a letter from the Lake County Recorder stating that
original plats will be retained by the Recorder, Trustee Stiehr suggested that a
sepia copy be made in order that additional copies of plats may be made by Village
e mployees.
After discussion of various matters relating to sewer improvements, Trustee
Neuman moved, seconded by Trustee Stiehr, that the meeting be adjourned. Motion
carried unanimously, and the meeting was adjourned at 11:20 p.m.
t
APPROVED:;
President
ATTEST:
Village Clerk
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