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11/17/1975207 November 17, 1975 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 17, 1975 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Norma Gavin Cynthia J. Marty Edw.in B. Seidman Daniel H. Stiehr Vernon E. Swanson Absent: D. Jeffrey Blumenthal 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. Trustee Stiehr moved, seconded by Trustee Marty, that the minutes of the regular meeting held November 3, 1975 be approved as corrected. (Page 203 -line 17 - insert "be approved ", - correct 2 typographical errors). Motion carried unanimously. Approve Warrant No. W -75 -11 Warrant No. W -75 -11 - Payment of bills, including fund transfers and reimbursements - was presented f or consideration. Trustee Stiehr moved, seconded by Trustee Marty, that the warrant be approved. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) Treasurer's Report The treasurer's report, dated October 31, 1975, was received and included cash and investment statements, detail expenditures by activity, revenue and expense statement, highlight control report and cash flow statements. The manager stated the costs of leaf pickup were incomplete, but the total cost would be included in the December report. A brief discussion was had on the Water Fund receipts and disbursements. The Highland Park bill for water is correct, and the Village's billing is also correct. The ratio of water loss is less, or the w ater usage may be less. Approve Consent Agenda The Consent Agenda was presented for consideration as follows: CONSENT AGENDA Authorization to release escrow funds in the amount of $10,751.31 to DiGioia Brothers Construction Company for street work completed in Laurel Hill Annex Subdivision. Authorization for President to sign Contract with Jenkins and Boller Co., Inc. for sewage treatipent plant improvements. Proclamation designating Novemberil7 -23, 1975 as•Warriors Week in Deerfield to honor the Deerfield High School Varsity Football Team and coaches. Trustee Seidman moved, seconded by Trustee Swanson, that the Consent Agenda be approved. Motion carried unanimously. Trustee Marty expressed appreciation to Chief Brandt and the Police Department for excellent traffic control at Saturday's football game, and the Board concurred. Re: NIMLO Invoice Discussion was had on the invoice from the National Institute of Municipal Law Officers for recodifica- tion of the Municipal Code, showing a balance of :,$2., 500 due-- from..:the. original_ contract plus an additional'page charge of $8,360 for 304 pages, a total amount due of $10,860. Mr. Stucko stated a number of alterations had been made by Village department heads. The 68 pages that had errors will be rectified at NIMLO's expense. NIMLO had indicated no interest in reducing the bill-; The problem is that the original estimate of 200 pages was far too low, but printing costs remained firm in accordance with the W Agreement. He and Mr. Houpt felt NIMLO had done a workmanlike job, the errors were not out of proportion, and in summary, both recommended that the invoice be paid. The update of the Code will take about 52 to 6 weeks at which time the Code can be adopted. President Forrest stated the Board had asked about the status of the NIMLO recodification, and at no time had there been any mention of additional charges. Trustee Stiehr asked what amount.had been billed by Pedersen & Houpt for time spent on the recodification, including a trip to Washington. Mr. Stucko stated the bills must be checked to determine the exact amount. Trustee Seidman suggested a meeting of the Board .on the errors in the recodification, and President Forrest asked that a list of errors be sent to each Board member. Trustee Stiehr stated the Village has an obligation to NIMLO because the recodification was underestimated, and additional pages were required not only for the original estimate of 200 pages but also for the ordinances passed since the agreement was signed. Trustee Stiehr moved, seconded by Trustee Seidman, that an offer of $7,500 additional be made to NIMLO, or a total cost of $10,000 including the $2,500 paid when the Agreement was signed. The motion failed by the following vote: Ayes: Stiehr (1) Nays: Gavin, Marty, Seidman, Swanson (4) Trustee Marty moved, seconded by Trustee Gavin, that the full bill of $10,860 be paid to NIMLO. The motion failed by the following vote; Ayes: Gavin, Marty, Swanson (3) Nays: Stiehr, Forrest (2) Abstaining: Seidman (1) It was suggested the matter be put on the agenda for a workshop meeting. P.C. Report - Deerfield- Northbrook A report from the' Plan Commission recom- Laid Use Agreement- Request Comments mended the approval of an Agreement between Northbrook and Deerfield in regard to the zrning classification of the unincorporated area between the Edens Spur and Lake - CaDk Road, with general comments on what the Agreement should include,, The President stated thet"..draft of the Agreement had been referred to the Plan Commission with a request for the Commission's specific comments. Trustee Stiehr asked for copies of the draft Agreement for the Board. President Forrest and Trustee Seidman agreed that the matter be again reE erred to the Plan Commission, to be sent back to the Board with any changes or adiitions. After the Agreement is modified it will -be sent to Northbrook for consideration by the Northbrook Board of Trustees. S.C. Report -No Stop Signs A report from the Safety Council recommended Wilmot & North Ave, that the Village of Bannockburn's request for installation of stop,signs on Wilmot Rcad at North Avenue be denied. The Council recommended that Bannockburn ask the owner of the propertyat the Northeast corner of North Avenue and Wilmot Road to trim the shrubbery so that visibility from that corner is no longer impaired. Trustee Swanson stated that motorists wou14 be apt to coast through stop s gns at this location because few cars enter Wilmot Road from North Avenue, and if stop signs are to be installed, he would prefer Woodland Drive. The manager stated the Village has many stop signs and in the interest of being a good neighbor he felt Bannockburn's request should be granted. Trustee Seidman pointed out there were other more important intersections. A resident of Mont- gomery Road said a stop sign should be installed at the Montgomery- Cranshire irtersection, and the President said the Safety Council would check whether signs were needed. Trustee Stiehr moved, seconded by Trustee Marty, that an ordinance be pre - pxed authorizing the installation of stop signs on Wilmot Road at North Avenue. The motion failed, those voting Aye: None; Nays: All. It was suggested that a copy of the Safety Council's recommendation be sent with the letter notifying Bannockburn that the request for stop signs is denied. 1 1 1 1 1 S.C. Report Re: Donations A report from the Safety Council stated that donation; on Sts. - Recommend Enforcement are solicited on�the public streets by volunteers Ordinance Prohibiting from various charitable organizations, and unani- mously recommended that the ordinance prohibiting such solicitation at all times.' The manager reported it is the present policy of the Board to permit such solicitation of donations on the public streets. Representatives from the Kiwanis and Lions Club stated only adults are used to solicit donations in the streets', there have been no accidents, and the major part of contributions are received from the on- street donations. In response to Trustee Seidman's question, Mr. Stucko stated the Village has no liability for an accident which occurs from solicitation on the street. He suggested that the Board establish a policy with regard to solicitation of donations in the street. POLICY Trustee Seidman moved, seconded by Trustee Swanson, that it is the policy of the Board that only adults be permitted to solicit donations for charitable purposes inthe public streets, such solicitation to be permitted only after a permit is obtained. Motion carried unanimously. S.C. Report -No Bikes on Sts. A report from the Safety Council recommended that Suidown to Sunup an ordinance be passed to require that all bicycle Referred to P.D. For Report riders be prohibited from using Village streets where there is a sidewalk available, from sundown to sunup. Lake Forest prohibits bicycle riding on city streets at all times, and reported no adverse problems. Trustee Seidman stated there is no enforcement of the Lake Forest ordinance, aid bicycle riding on sidewalks at night is dangerous to senior citizens and other pedestrians. He would like to see enforcement of the present ordinance before passage of another ordinance. Trustee Stiehr concurred', and stated that sidewalks with curbs am hazardous to bicyclists and ramps would be required at every intersection. He questioned whether the Police Department would enforce riding on the sidewalk at night when the Department has not strictly enforced the present ordinance due to tine spent on vandalism and other problems. Trustee Seidman stated that every bicycle sluuld be equipped with lights.if ridden at night. The President stated there is always a problem of enforcement but he felt that an ordinance prohibiting bicyclists from using streets at night would promote safety. Discussion was had on the problem and Trustee Seidman proposed that the oxlinance provision forbidding riding bicycles on the sidewalk be removed, and strict enforcement of lights on bicycles-ridden at night. The chairman of the Safety Council ag7eed with this proposal. The matter will be referred to the Poilice Department for a report. S.C. Report -_ Remove Parking Space North of Deerfield STate Baik DL.iVeway on Waukegan Rd. Authorize Ordinance Trustee Marty moved, seconded Safety Council be approved and the eliminating the parking stall. Motion carried unanimously. A report from the Safety Council recommended the elimination of the parking stall on the east side of Waukegan Road north of the Deerfield State Bank driveway due to poor visibility of motorists exiting from the parking lot. by Trustee Seidman, that the recommendation of th attorney be directed to prepare the ordinance The meeting was recessed at 10:00 p.m. and reconvened at 10:10 p.m. Ordinance -Mun. Code Amend. The ordinance wag presented amending the Municipal Add Sec. 28.135 Re: VAndalism Code by adding a new Section 28.315 establishing :(0- 7-5 =55) parental'responsibility for vandalism by minors and penalties-for violations. Mr. Stucko explained the changes made at the direction of the Board, and stated the notice to parents is being prepared. Trustee Stiehr moved, seconded by Trustee Marty, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) 210_ The President signed the ordinance indicating his approval thereof.. Reports -Ad Hoc Committee on Discussion was had on the final report of Va:tdalism & President's ARproach the Ad Hoc Committee on vandalism and the President's suggested approach to the re- dtction of vandalism. The President stated a letter of intent will be requested fmm the Chamber of Commerce on sponsorship of the Wauwatosa program. Trustee Mxty suggested the Police Department take pictures of vandalism to be printed in newspapers with weekly reports on the cost of vandalism. The proposed pcster campaign should be handled by the Youth Council to give the Council gmater visibility. Trustee Gavin questioned the earlier curfew by age, and tle President stated the Police Chief had reported vandalism by nine -year olds aver midnight. Youth Office Tom Creighton stated he felt the approach to a reduction of vandalism was good and with passage of the ordinance on vandalism, he felt the certainty of punishment would be a deterrent. The YouthJury program is excellent aid both offenders and jurors have learned a good deal. The use of CB radios by citizens to report incipient vandalism to the Police Department was suggested. Trustee Swanson said this had been done on Halloween and had been effective. After further discussion President Forrest asked the manager to arrange a meeting with the Youth Council and the Board. Ordinance- Annexation of The ordinance annexing the remainder of Brickyard the brickyard property was presented. (0- 75 -56) Trustee Seidman moved, seconded by Trustee Stiehr, that the rules be waived to permit action on the ordinance at its first pmsentation. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Stiehr, that the ordinance be passed as presented. Adopted by the following.vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Ordinance- Variation The ordinance was presented granting a Front Yard -215 Burr Oak Ct. L variation from the provisions of the Zoning (0- 75 -57) Ordinance to permit a front yard of 24.43 feet at 215 Burr Oak Court. Trustee Marty moved, seconded by Trustee Seidman, 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 Seidman, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Najs: None (0) The President signed the ordinance indicating his approval thereof. Ordinance Reconsidered & Mr. Stucko explained that the ordinance Repassed Mun. Code,Sec. 18.407 passed at the November 3, 1975 meeting Non-residential Portion for (Ordinance No. 0- 75 -53) stated that it is Sleeping & Living Quarters unlawful to permit any non - residential building to be used as sleeping or living quarters, and means of egress shall be provided. For clarification, he has re- written Section 18.404(A) to prohibit the non - residential portion of a btilding to be used for sleeping or living quarters. Trustee Marty moved, seconded by Trustee Stiehr, that Ordinance No. 0 -75 -53 passed at the prior meeting on November,3rd be reconsidered. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Swanson, that Section 18.407(A) be revised to state "non- residential portion" of a building. Motion carried unanimously. 1 1 1 21L Trustee Stiehr moved, seconded by Trustee Marty, that the ordinance be -re- passed as revised. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) N ays: None (0) The President signed the ordinance indicating his approval thereof. Clerk's Reports The clerk reported she had not received a signed copy of the Resolution regarding Phase I of the Parking Agreement, which must be certified. Reports Trustee Seidman reported he had attending the meeting with Highland Park regarding bus routes. No right turns onto Lake -Cook Road will be permitted although he assumes some pro- vision will be made for a Lake -Cook Road bus route. Trustee Gavin stated she felt the Village should be represented at any meeting on Bicycle routes although Deerfield is far down on the list. Authorize Attorney to Trustee Gavin moved, seconded by Trustee Marty, Defend Law Suit that the attorney be authorized to defend the Santucci & Lyman Village in the suit filed by Santucci Construction vs. Deerfield Company and W. R. Lyman Construction Cozppany in connection with Contracts A and B. sewer iuprovements. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) N ays: None (0) The President reported that plans for the railroad station renovation have ben approved. The Federal EPA has advised that Contracts A and B, sewer improvements, axe not approved. There being no further husiness, on motion by Trustee Gavin and seconded by Trustee Seidman, the meeting was adjourned at 11 :00 p.m. APPROVED: Pres n � ATTEST: 705 ' Village Clerk 1