05/16/19831
Fi
May 16, 1983
1201
The regular meeting of the Board of Trustees of the Village of Deerfield was called
to order by the Mayor in the Council Chamber of the Village Hall on May 16, 1983
at 8:00 P.M. The Clerk called the roll and announced the following were
\ Present: Bernard Forrest, Mayor
Jerold L. Heisler
Edwin B.'Seidman
J. Robert York
Absent: Cynthia J. Marty
Vernon E. SwanE•on
and that a quorum was present and in attendance. Also prese;.t were Village Manager
Robert D. Franz and James K. Stucko, Village Attorney.
Trustee Seidman moved, seconded by Trustee Heisler, to appr ve the minutes of the
May 2, 1983 Board meeting as presented. Motion carried,unaaimously.
STEPHEN 0. JACKSON Mayor Forrest stated that he wished to recom-
APPOINTED TRUSTEE mend that Stephen 0. Jackson be appointed as
Trustee of the Village of Deerfield to fill the
unexpired term of former Trustee Marvin W. Ehlers. Trustee Heisler moved, seconded
by Trustee Seidman, to accept Mayor Forrest's recommendation to appoint Mr. Jackson.
Mayor Forrest noted that there is a requirement for a fourteen day notification to
all present Board members before a recommendation and nomination for the Board is
made. Inasmuch as fourteen days had not elapsed since May 9, when candidates were
interviwed and Mr. Jackson chosen, Trustees Marty and Swanson had signed waivers of
such notification. It was the consensus of those in attendance, as well, that the
waiting period be waived.
Motion to appoint. Mr. Jackson carried unanimously, Mayor Forrest voting with the
Board members. Thereafter, Mr. Jackson is sworn in by the Clerk and took his
seat on the Board.
APPROVE WARRANT
NO. W -83 -05
The motion carried on
Trustee Seidman moved, seconded by Trustee
Heisler, that the bills ;.nd payroll, including
transfers and reimbursem,,nts, be approved.
the following vote:
AYES: Heisler, Jackson, Seidman, York �4)
NAYS: None (0)
DEPARTMENTAL OBJECTIVES Finance Director Geo. Valentine reported that
FINANCE DEPARTMENT since his last report the department had been
involved in a variety of activities including:
1) preparation, completion and disbursement of the 1983 -84 budget as Well as pro-
jections beyond 1983 -84, 2) passage and filing of Tax Levy in December of 1982,
3) investments ranging between 101 -106% of funds controlled/by the/Finance Officer,
4) computer conversion. He reported that the computer conversion which has been
running parallel for the last several months has proved the computer more accurate
than the bookkeeping machines. He added that the only portion left to test is the
year -end closing and start -up for the next fiscal year. Upcoming projects for the
next three months are the Audit, The Tax Levy Ordinance and the Annual Treasurer's
Report. The Board thanked Mr. Valentine for his report.
PROCLAMATION Mayo- Forrest read a proclamation congratulating
STUDENTS HONORED Shepard Junior High School students who had
swept top honors and won first -place ranking
for the school with eight students receiving Outstanding Awards. The following
students were honored: Josh Pfefer, cited as one of the top thirty scientists in
the State of Illinois; also Brian Adamick, Laurie Heyman, Br.an Morris, John
Motzko, Scott Ring, Wendy Toole and David Winn, all of whom received awards for
outstanding projects at the Illinois Junior Academy of Scien::e statewide fair.
Trusi.ee Seidman moved, seconded by Trustee York, to approve the proclamation. Motion
carried unanimously.
ENERGY AUDITS MUNICIPAL BLDGS.
ENERGY ADVISORY COUNCIL
REPORT & RECOMMENDATION
Commission (NIPC) to perform their
Mgr. Franz stated that the Deerfield Energy
Advisory Council recommended, on a 3 -0 vote,
that the Village Board provide approval for
commissioning the Northeastern Illinois Plan
energy audit of Deerfield's municipal buildings.
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Trustee Seidman moved, seconded by Trustee Heisler, to accept the recommendation
of the Deerfield Energy Advisory Council that.the Village provide funding in an
amount not to exceed $600 to permit an energy audit to be performed and that NIPC
be contacted prior to June 1, 1983 to take advantage of matching funds from the
Illinois Department of Energy and Natural Resources.
Mayor Forrest stated that he supported the recommendation but pointed out that the
Village is not a contributor to NIPC. He„ therefore, presumed they would not pay
half the cost and that the Village would have to pay a full .;;1200 for the audit.
He added that, in regard to anticipated savings in energy ceSts as a result of the
audit, Deerfield receives certain of its heating fuels at no charge "based on
municipal ordinances." Therefore, it may not be possible to recoup.. the entire
investment as quickly as would be norm&lly:•. the case if ±.Ae Village were paying
all its fuel costs. He, however, favore -.. the audit in order to conserve fuel as
"ultimately someone pays for it."
Thereafter Trustee Seidman moved, seconded by Trustee Heisler, to amend his motion
to accept the recommendation of the Deerfield Energy Council to commission NIPC
to perform the energy audit of Village municipal buildings at a cost not to exceed
$1200. The motion carried on the following vote:
AYES: Heisler, Jackson, Seidman, York (4)
NAYS: None (0)
PETS PER HOUSEHOLD In reference to Board instruction to prepare
REPORT OF VILLAGE ATTORNEY an ordinance amending the Municipal Code to
specifically restrict the number of dogs and
cats which would be permitted per household, Village Attorney Jas. Stucko sum-
marized his written opinion submitted to the Board.
He stated that there are various provisions regarding animals in the Municipal Code
which afford certain protections to the public at large by requiring licensing and
prohibiting: 1) animals running loose, 2) excessive animal n:)ise, and 3) mainten-
ance of property in a fashion that creates a nuisance for nEighbors. He stated
these Code provisions are sufficient to deal with problems c.f pets, and that legis-
lation establishing a specific number of.permitted pets would be difficult to en-
force.
Trustee Seidman commented that other municipalities had such restrictions on the
number of pets, and he asked Mgr. Franz what had prompted his asking the Board to
consider additional legislation. Mgr. Franz replied that the Village had been
receiving numerous complaints about pets, and he felt it necessary to alert the
Board to the problem and ask for specif =i.; enforcement powers. He went on to say
that the Village Attorney's advice against legislation establishing a specific
number of household pets was well taken, since it would be difficult to enforce.
He pointed out, however, that although there is already sufficient legislation,
enforcement of existing ordinance poses practical difficulties, since filing
a complaint and court appearance by the'complainant is necessary..: "quite a
commitment for a citizen to make to stop a nuisance."
Discussion ensued concerning the lack of immediate remedies, civil suits as opposed
to municipal action, possible police involvement and police powers, etc. There-
after, Trustee Heisler moved, seconded by Trustee York, to rescind the direction
to the attorney to prepare an ordinance .imiting the number of household.pets.
Motion carried unanimously.
Mrs. June Walton, 1534 Crowe Avenue, spoke at some length retarding "disgraceful
and disgusting" conditions inflicted on her property due to the number of cats
housed in her neighborhood by a Save -a -Pet foster home for eats. She stated that
the cats were allowed to prowl the neighborhood day and nigl.t using her property
as a litter box and disturbing sleep with their noise.
Attorney Stucko advised Mrs. Walton to contact him or the .'Village Staff who would
put her in touch with the Village Prosecutor. Mrs. Walton replied that she did
not feel that she should have to pay for filing a complaint and appear in court
to get relief. Attorney Stucko stated that there would be no cost for Mrs. Walton,
but that a court appearance would be necessary: Mgr. Franz advised Mrs. Walton
that if she contacted him the animal warden would be sent to inspect the scene
to verify conditions and would work with her on a formal complaint. Mayor Forrest
asked Mrs. Walton to leave information with Public Works Director Edmund Klasinski.
RTA FEASIBILITY STUDY
STAFF REPORT
commuter stations ... an attempt
development:
Mgr. Franz reported that the RTA has been con-
ducting a study to ascertain what impact de-
veloping areas might have on the need for
to coordinate public transportation with private
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After considering several areas around Chicago, they have narrowed the field to
two areas where they would like to complete feasibility. studies... Tinley Park and
the Deerfield, Lake -Cook Road area. Accordingly, they have sent the Village a
rough draft of a work outline for gathering the kind of information they want on
the Lake -Cook project,which they*`expect to last a year, and have asked Deerfield to
work•\with them.
Mgr. Franz stated that cooperation with the RTA would involve Staff's time to re-
search and share data with the agency as `dell as to draw some conclusions which
the RTA could present for Federal funding,if they decide to proceed at the Deer-
field site. He added that the Village's full time intern would be available to
do the work at a reasonable cost and that.Staff favored coop(-rating. He pointed
out that the data gathered would be useful to the Village regardless of what
RTA decided to do. He reported that the Village had receive ;t an unequivocal com-
mitment from the RTA that in agreeing to work with them on t`�e study the Village
was agreeing to nothing else, and that the RTA had no inten'•ion of closing the
Deerfield Rd. station regardless of what the study should eisclose.
Trustee Heisler moved, seconded by Trustee Jackson, to accept the Staff report
and to authorize the Manager to proceed to cooperate with the RTA as necessary.
Motion carried unanimously.
BUILDING HEIGHT MEASUREMENTS Mayor Forrest stated that at.a joint hearing
LASALLE /VECCHIONE DEVELOPMENT held'by the Plan Commission and the Mayor and
STAFF REPORT Board, petitioners LaSalle /Vecchione stated
they interpreted Village ordinances to permit
construction of a building 54 feet high instead of the building with 28 feet of
habitable height,plus 12 feet for roof appurtenances, which had been approved for
their property adjoining the tollway. Mayor Forrest stated,-: "Some of us were
very shocked," and that he had asked Staff to review the petitioners' interpre-
tation to ascertain if they were correct, and if the gable -like roof.appurtenances
constituted -a gable roof -
Building Inspector Clinton Case pointed out that the roof of the proposed building
is a flat roof. He stated that in dealing with a gabled roof situation, one deals
with a gabled roof on the entire building. The "gables" to .hich the petitioners
referred are unhabitable equipment rooms housing.machinery a,id skylights. He re-
iterated that the Board had approved a building 28 feet high with roof top mechani-
cals of up to 12 feet.
Manager Franz stated that Staff feels Village ordinances dc, not need to be changed
and that the petitioners were misinterpreting ordinances to their advantage. Mgr.
Franz explained that the petitioners' wish to classify the roof of their proposed
building as "gabled" would actually cost them habitable building height under the
terms of Village ordinances which require building height to be measured :from curb
level to the midpoint of a gabled roof. Since permission had been granted to
erect a building of habitable space 28 feet high, the necessary inclusion of one
half the "gable" height in that 28 feet would seriously red�ce the remaining feet
for habitable use. The petitioners will be notified of their misinterpretations.
TOWN & COUNTRY DEVELOPMENT
STORM DRAINAGE DISCUSSION
Mgr. Franz reported that as of that day, the
Village Engineer met with Town and Country's
engineer and has been advised that the Milwaukee
Road's engineering department has approv ?d the. installation of a storm sewer pipe on
their right -of -way. He noted that the railroad's real estate department has not yet
commented on the matter, and it is not certain that there will be no problem in ac-
quiring and- paying for the right to use cae right -of -way. At this point, however,
Town and Country are following the original route for storm water management with
the hope they will be able to proceed as -)riginally planned. It was the consensus
of the Board that before work is resumed in the development, the Village have tan-
gible evidence of permission by the railroad for use of thei- right -of -way.
CLASS BB LIQUOR LICENSE Trustee Seidman moved, seconded by Trustee Heis-
MUN. -CODE AMENDMENT ler, that the annual fe. for a Class BB liquor -
ORDINANCE NO. 0 -83 -15 lice'-3e be set at $1,OOG. Motion passed unani-
mously.
Trustee Heisler moved, seconded by Trustee York, to adopt the ordinance creating
a Class BB liquor license. Motion carried on the following vote:
AYES.:--.-Heisler, Jackson, York, Forrest (4)
NAYS: Seidman (1)
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PASTA FRESCA DELICATESSEN First reading.of ordinance.
CLASS C LIQUOR LICENSE
DRIVEWAY VARIATION REQUESTED Mgr. Franz stated that Staff had reviewed the
725 -29 CENTRAL AVE.(MURPHY) request by Joseph A. Murphy, 725 -29 Central
Ave., for permission to widen the double drive-
way from 20 to 30 feet. The driveways are,directly across from the exit of the
parking lot at One Deerfield Place, and wi:h cars parking at the curb of the nar-
row street, Mr. Murphy stated that more clearance is needed in order to see on-
coming cars. Mgr. Franz stated that Staff ;aw no problem in granting the request
and that the only alternative is restriction of some parking,which is at a pre-
mium in that area. Staff considered the request legitimate and recommended approval.
Trustee Seidman moved, seconded by Trustee Jackson, to instruc': the attorney to pre-
pare an ordinance. to permit widening of the double driveway to 30 feet.
Trustee York stated that there are two other identical double driveways in a row
on the street. He wondered whether widened driveways would 4..AVite parking of addi-
tional cars and questioned just how hazardous the traffic situation was. Trustee
Seidman then requested that the matter be referred to the Safety Council. Mayor
Forrest requested Staff to inspect the adjacent double driveways and consider some
way of prohibiting additional parking.
The motion to prepare an ordinance to permit widening the driveway passed unani-
mously.. Mayor Forrest stated that the Safety Council and Staff reports would be
considered along with the prepared ordinance.
FAMILY DAY BANNER Village Attorney Stucko reminded the Board that
PERMIT REQUESTED procurement of a permit for an overhead banner
is a two step process. The first step is ap-
proval by the Board of a banner which has been completely described as to size,
location, and content. The second step i.LVOlves satisfying the Building and Zon-
ing Department regarding deposit, insurance and indemnification, location, time,
materials and methods of installation, am_' the banner height.
Staff was instructed to contact Mr. Bob Henry, president of Family Day, Inc., ad-
vising him about the information needed for Board consideratica of their request.
He will also be advised to contact Public Works Director.Edmurd Klasinski regard-
ing installation methods. The matter will be on the agenda f(r the next Board
meeting.
WATER RATE INCREASE
MUN. CODE AMENDMENT
ORDINANCE NO. 0 -83 -16
favored passage of the ordinance
reading. Trustee Seidman moved,
permit passage on first reading.
Manager Franz stated tha. the proposed water
rate increase had had ample public notice,in-
asmuch as it was part of the budget discussion
as well as the budget message,and that Staff
(effective from June 1, 1983 forward) on first
seconded by Trustee York, to waive the rules to
Motion ^arried unanimously.
Thereafter Trustee Seidman moved, seconded by Trustee York, too pass/the ordinance
establishing the water rate at $1.13 per100 cu.'-feet. Motion /carried on the follow-
ing vote:
AYES: Heisler, Jackson, Seidman, York (4)
NAYS: None (0)
THETA INC. SCAVENGER SERVICE
CONTRACT - EXTENSION OPTION
Mgr. Franz stated that Staff favored continuing
the contract with Theta, Inc. beyond the option
date of September 30, 1983. He stated that the
service has been good, the problems encountered have been minimal, and Theta has
been a responsible company to deal with. The Board was of th -: Consensus that the
contract should be continued for the remaining two years.
BAXTER - TRAVENOL AGREEMENT Mayor Forrest asked the XLllage Attorney how the
TELEPHONE CABLE eventual site of Huehl Poad (not yet determined)
HUEHL,RD. RIGHT -OF -WAY coul6 be affected by th.3 agreement for install-
ation of a telephone cal,le under the road. Att'y.
Stucko cited portions of the agreement specifically included to protect the Village
against costs incurred for repairing the cable should it be damaged in the course
of construction and improvement of the road.
Mr. Arthur Staubitz, General Counsellor for Baxter - Travenol, pointed out that the
agreement also provides that should reconstruction of the road require relocation
of the cable the cost would be borne by Travenol.
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A shott discussion was had regarding easements, permanent frights, /occupancy and
adverse possession, etc. and how the Village was fully protected.
Trustee Heisler moved, seconded by Trustee Seidman, to authorize the Mayor to sign
the agreement. Motion carried.unanimously. : :i
Mgr. Franz reported that the Village appeared again the previous.week to ask the
Board of Zoning Appeals of Lake County to reject the petition to locate towers in
the tollway right -of -way just north of Lake -Cook Road. All previous testimony
was re- introduced, and the Village was advised to re -file in original resolution
objecting to the petition,in order "to play it safe ".
Trustee Seidman moved, seconded by Trustee York, that the Clerk be directed to re=
file the Resolution passed November 15, 1982 objecting to towers in the tollway
right -of -way. Motion passed unanimously.
Mayor Forrest reported that Pres. Picchietti of Bannockburn had stated that he would
ask his Board for formal approval of the site for flood retention at their May 23rd
meeting. Interested parties will be advised of the meeting.:date.
Mayor Forrest stated that regarding the Middle Fork creek,. Ralph Brill has appointed
his wife as his successor to the Union Drainage District Board. It is reported that
she will appoint two additional people, one of whom will be Bob Schlossberg of Deer-
field. The reactivated Board will immee4 -ately seek bids for cleaning the ditch, to
be paid for by $20,000 still held by the District. Mayor Forrest further reported
that Lake County is proceeding to set up an election to be held in September to
elect permanent members of that Board.
Discussion was had regarding the cleaning of the West Fork ct'eek and the excellent
job the contractor was doing. Mgr. Franz stated that accord.'.ng to Engineer Ted
Anderson, the stumps in the ditch will be cut back to two in,_-hes above the ground.
Mayor Forrest directed that a. letter be sent to the DraindF; District Board to insure
compliance.'Public Works Director- Klasin:.ki stated that a cifferent crew will come
on the job to remove debris, cut back the stumps, etc.
There being no further business to come before the Board, upon motion by Trustee
Seidman, and second by Trustee Jackson, the meeting was adjourned at 9:05 P.M.
TTEST:
Village C1
APPROVED:
&A AA
May