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11/03/1975203, November 3, 1975 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the clerk in the Council Chambers of the Village Hall on Monday, November 3, 1975 at 8:10 p.m. The clerk then called the roll and reported that the following were Present: D. Jeffrey Blumenthal Norma Gavin Cynthia J. Marty Edwin B. Seidman Daniel H. Stiehr Absent: Bernard Forrest, President Vernon E. Swanson Ln 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. b Trustee Marty moved, seconded by Trustee Seidman, that Trustee Stiehr be appointed ;President pro tem. Motion carried unanimously. u Trustee Marty ued, seco ded by Trustee Seidman, that the minutes of the meeting O held October 20, 1975�6iiRpHaf ion of the following: Page 199 - line 41 ,, Add "Trustee Marty stated that Chief of Police Brandt, who was recently appointed, opposed the coin operated amusement devices, and she felt the Board should follow hisrecommenda- tion. While the devices may not bring trouble, no -.one will suffer from their absence; they are not sometkiing that Deerfield has to have. Trustee Blumenthal stated that in the mcst part the response has been apathetic on the licensing of the coin operated games, although there has been some negative feedback. He wondered if Deerfield is providing a climate for the upgrading of the business district, and urged passage of the amendment." Motion carried unanimously. Public Works Dept. Report Tvbx i Works'Directar Ed Klasinski submitted ;ia Progress and Status Report on the objectives of the Public Works Department for fiscal 1975. -76 which included detailed report on the Gwage, Street, Sewer and Water Departments. The sump pump discharge and infiltration report has been completed by Baxter and Woodman. The Village engineer will prepare plans and specifications. for the replacement ,of portions of Osterman Avenue sanitary sewer and construction may begin in early winter. ,,Mr. Klasinski answered Trustees' questions on repairs to old sewers, grass mowing, H the smoke and dye testing program and the replacement and repairs of signs. Trustee Marty stated a stop sign was lying east of the railroad §t -a t & @n Violation of the Dutch Elm Disease Control ordinance on two parcdJs�of,,property on County Line Road have been turned over for prosecution. The manager reported that studies are being made on the use of chlorine for treatment of sewage effluent and possible detrimental effects on water quality and fish life. Trustee Swanson entered the meeting at 8:25 p.m. and was present thereafter. The manager reported that the Benlate experiment for control of Dutch Elm Disease appears to be ineffective, but results will be checked with other communities using the Benlate treatirient. Approve,Consent Agenda The Consent Agenda, with one item removed, was presented for consideration as follows: CONSENT AGENDA Authorization to release escrow funds in the amount of $9, 297.00 to W. T. Bowler & Associia-tes, Inc. for-work completed in Chesterfield"" , s Laurel Hill Annex; Engineer's estimate No. 1. Authorization to release escrow funds in the amount of $13,850.55 to DiGioia Brothers Construction Co. for street improvements in Chesterfield's Laurel Hill No. 11; Engineer's estimate No. 1. Authorization to release escrow funds in the amount of $6,938.92 to W. T. Bowler & Associates, Inc. for sewer improvements in Chesterfield's Laurel Hill No. ll� Engineer's estimate No. 3. Resolution-adopting Contract-Capital Grant:Agreement, and -•authorizing the President to sgq;-Phase I, Commuter Parking Program 204 Trustee Seidman moved, seconded by Trustee Blumenthal that the Consent Agaida be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) Ordinance Mun. Code Amend. Sec. 18'.407(A) % 18.407(B) Prchibit Non - residential Bldgs. f or Sleeping &,, Egress (0- 75 -53) for any person in the event of The ordinance was presented amending Chapter 18 of the Municipal Code by the addition of Section 18.407(A) to prohibit the use of any non - residential building as sleepirig_;or living quarters, and Section 18.407(B) to require that a means of egress be provided emergency. Mr. Marcus of Mr. Adams restaurant stated that he and every restaurant on the North Shore have the same problem in getting help for cleanup work:.after the restaurant closes. He has two employees who live in Wheeling, but sleep in the building after they finish their work at 3 to 3:30 a.m. They return to Wheeling when the cook reports at 6:00 a.m. A key is available at all times for use in the event of an emergency but he has not published this fact. With these employees on the premises during the night there have been no problems of vandalism, no fires and no break--ins. It was the consensus of the Board that the restaurant was not used as sleeping or living quarters since the employees lived elsewhere and a means of eg ess was provided, and therefore there was no violation of the proposed ordin- ance. Trustee Seidman moved, seconded by Trustee Blumenthal, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. BZA Report -Front Yard Encroachment --215 Burr Oak Approved & Ordinance Authorized' under construction at 215 Burr Oak, Corporation. A report from the Board of Zoning Appeals recommended that a variation be granted to permit `an encroachment of 6 -5/8 inches into the required front;,vard for the house as requested by Chesterfield Development Trustee Gavin moved, seconded by Trustee Marty, that the recommendation of the Board of Zoning Appeals be approved and the ordinance be prepared granting the variation. . Motion carried unanimously. Postpone NIMLO Invoice President Forrest having requested postpone- ment of consideration of the NIMLO invoice for recodification of the Municipal Code, Trustee Marty moved, seconded by Trustee Seidman, that the matter be postponed until the next meeting. Adopted by the following vote: Ayes; Marty, Seidman, Stiehr, Swanson (4) Nays; Blumenthal, Gavin (2) B & W Report: Sump Pump A report was received from Baxter & Woodman Discharge & Infiltration_ on sump pump discharges and infiltration of storm water into the sanitary sewer system, The manager suggested that a workshop meeting be scheduled for discussion of the report. " ,... s . c s P.C. Report Re: Inter- A report from the Plan Commission recommended go7ernmental Agreement, that Deerfield join with Northbrook in the Ncrthbrook- Deerfield type of agreement suggested by NIPC re- garding the zoning of the unincorporated land between the two villages. The Commission further recommended that the details of the agreement,be jointly reviewed by the Plan Commission and Board prior to adoption. Trustee Marty suggested the matter be put on the agenda for the next meeting. Tle planning aide will be requested to give a report. The President biro tem stated t1e Board wanted comments from the Plan Commission, and agreed that the matter be put on the agenda for the next meeting. 1 fl 1 205, Accept Final Report The final report and recommendations were received Ad Hoc Committe on Vandalism from the Ad Committee on Vandalism. The President pro tem stated that President Forrest had recom- mended that the report be accepted and discussed in detail at the next meeting. Discussion was had on the report. Chief Brandt stated the proposed ordinance regarding vandalism would help but would not eliminate vandalism, and recommended ordinances nn liquor and curfew also. Trustee Seidman stated the prosecuting attorney 2Ial Winpr felt the sentences given by the Youth Jury stiff but appropriate. Trustee Seidman moved, seconded by Trustee Marty, that the report and recom- mendations of the Ad Hoc Committee be accepted with thanks. Motion carried unanimously. The matter will be on the agenda for the next meeting. 1st Presentation - Ordinance The first presentation was made of an ordinance Re: Vandalism and Parental regarding vandalism and parental responsibility. Responsibility Trustee Marty suggested "one year" instead on six months in Section (2) -(c), and recommended approval of Mr. Stucko's re -draft of Section (2) -(a). Trustee Seidman stated he felt the minimum fine of $10.00 was too low, and recommended a minimum of $25.00. Trustee Marty moved, seconded by Trustee Seidman, that the ordinance include the following: Section (2) -(a) the attorney's redraft, (c) one year, and Section .(3) minimum fine of $25.00, subject to review. Motion carried unanimously. Re: Agreement- Interconnection The proposed Agreement between Cook County and the Traffic Lights- Chestnut/ Village was presented regarding the interconnection Waukegan & Lake - Cook /Waukegan of traffic signals at the Chestnut /Waukegan and the Lake - Cook /Waukegan intersections at an estimated cost of $12,000 to be paid solely by the Village. The manager stated a temporary interconnection was permitted by an overhead cable, which must now be placed underground. The State and the County will not participate in the cost. He felt the owner of the Deerbrook Shopping Center should pay a part of the cost of the underground cable installation. The north driveway at Deerbrook will be closed and the driveway opposite Chestnut will become the main entrance and exit. Trustee Marty asked if Mr. Joseph Valenti, owner of Deerbrook, had been asked to share in the cost, and said this should be done. Trustee Gavin expressed concern about possible traffic backup if the signals are not interconnected. Trustee Seidman asked if the cost should be shared equally by the Village and Deerbrook Shopping .Center, but Trustee Blumenthal stated he felt it was a waste of money. Trustee Marty suggested the treasurer report on Motor Fuel Tax Funds after talking to Mr. Va.enti. The President pro tem stated he was not amenable to an expenditure of $12,000 for a project that was not vital; if the County or`State and Mr. Valenti will not -share in the cost, he felt the signals should not be interconnected. The manager will check the Deerbrook Annexation Agreement. Ordinance - Publication of The ordinance was presented providing for publica- N otice of,-'Annexation-Brickyards tion of notice of annexation of certain territory (0- 75 -54) to the Village (remainder of brickyard property), said notice to be published in the Deerfield Mail - Advertiser on November 6, 1975. Trustee Marty moved, seconded by Trustee Swanson, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Marty then moved, seconded by Trustee Swanson, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6),,,, Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. Clerk's Reports The clerk reported that the Ordinance and Plat of Annexation of the part of the brickyard property acquired by the Village had been recorded by the Lake CountYRecorder on October 21, 1975, but because of the number of copies required by Cook County, the ordinance and plat were recorded on October 27, 1975. 206 The type has been set for publication of the Notice of Annexation on November 6, 1975 and the Board can consider the adoption of the Annexation Ordinance on November 17th, the next regular meeting. Authorize President to Sign The manager read the Continuing Traffic Traffic Engineering Engineering Function Certification which Certification should be signed by the President. The Certification is required by the Depart- ment of Transportation. Trustee Marty moved, seconded by Trustee Seidman, that the President be authorized to sign said Certification. Motion carried unanimously. Discussion -Bus Service The manager stated he had been asked to take 0 pt:l. H.P.- 2. RTA a straw poll on bus service. There is a possibility that Nort "ran Route No.13, which is a Green,,- ay Road service into Lake Forest, may be extended to include Deer- field. The Village Board is invited to a meeting with Highland Park on November 10th at which OTR will present a proposal that bus service, sponsored by Highland Park, will be extended to Deerfield, if the Board agrees. The route wand be Deerfield Road to and from the railroad station, meeting every train during morning and evening rush hours, with a one -hour schedule during the day. Also proposed is a bus on County Line Road to serve the Deerbrook Shopping Center. The problem is that if service is provided by Highland Park there would be no point in having RTA bus service. There is also concern that it may make the mini -bus impossible to work out. Discussion was had and it was the consensus that extension of the Highland Park bus route to include Deerfield was the first choice. Reports - Communications The manager reported that Baxter and Woodman had submitted the contract with Jenkins and Boller for sewage treatment plant additions to the EPA for approval. Contracts A and B, sewer improvements, have been re- advertised and bids will be returned on November 25th. He has been advised by the Federal EPA that a decision will be made before November 25th on whether bidding technicalities will be waived. In response to Trustee Seidman's question, the manager stated the Highland Park bus would connect to RTA buses providing service from Lake Forest to Evanston. Mrs. Willard Loarie, Oxford Road, stated that passengers can get fine transfers to Old Orchard, Skokie and DesPlaines. The fare is 45G and only 20� for senior citizens. Discussion was had on leaf pickup service by the Village. Trustee Seidman stated that often the leaves raked to the curb are blown into the streets and end up in the sewers, asked what was the cost for this service. The manager stated itwas a substantial amount, but the service would be sorely missed by some residents. Trustee Blumenthal stated there was no incentive for people to bag leaves which would be picked up by the scavenger. If a fee is charged it would offset fmx the additional work done by Village employees and the use of the truck, or the Village could supply bags which would then be removed by the scavenger. In Glenview leaves must be bagged or they will not be picked up. The manager will prepare a report on the costs of leaf pickup. There being no further business, on motion by Trustee Blumenthal and seconded by Trustee Seidman, the meeting was adjourned at 9:45 p.m. APPROVED. President ATTEST: Village Clerk