05/01/197219
May 1, 1972
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, May 1, 1972 at 8:25 p.m. The clerk called the roll and reported
that the following were
Present: Bernard Forrest, President
Albert E. Brust
Werner E. Neuman
Stephen M. Slavin
Absent: Charles R. Bootz
George Kelm
M. Jay Turner, Jr.
and that a quorum was present and in attendance at the meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
Trustee Neuman moved, seconded by Trustee Brust, that the minutes of the
regular meeting held April 17, 1972, the Public Hearing of April 24, 1972, and the
Special Meeting held April 26, 1972 be approved as submitted. Motion carried unani-
mously.
B & W Interim(: Report Dr. H. S. Sundin of Baxter & Woodman, explained
S.T.P. Improvements in detail his written interim report on sewage
treatment plant improvements, dated April 14,
1972. He stated the date for complaince has been extended to December 31, 1973,
effluent standards for BOD and suspended solids have been relaxed, but it is probable
that ammonia nitrogen removal at the plant will be required. Plant designs are
based on a population of 34,000. Two alternate plans for handling wet weather excess
flows were given. Under Alternate A, all flows from the east side would be pumped
to the sewage treatment plant for treatment. Alternate B provides for partial treat-
ment of excess wet - weather flows at the east side lift station with discharge into
the east drainage ditch. Both plans will require major remodeling of the east side
lift stations and a large new force main and gravity sewer to the treatment plant.
He recommended Alternate A at an estimated cost of $3,837,335 rather than Alternate
B with an estimated cost of'$3,789,029, because of the advantage of centralizing
all treatment at one site, which will result in a more convenient and reliable operation
with probable savings in operating costs. The increased pumping capacity and larger
main will tend to alleviate some of the flodding problems on the east side.
Trustee Kelm entered the meeting at 8:40 p.m. and was present thereafter.
Discussion was had on financing the improvements. Trustee Slavin pointed out
that if a State grant of 25 per cent and a Federal grant of 55 per cent are received
for sewage treatment plant improvements, approximately $900,000 must be paid by the
Village, and plans must be made for a General Obligation of Revenue bond issue. Dr.
Sundin stated that action on financing would be premature at this time.
Elimination of storm water from sanitary sewers and correction of known
deficiencies in sewer sizes were discussed. Dr. Sundin stated the application for a
grant for sewer investigations had been filed in December, and h. hoped an answer
on tbLe grant would be received before the end of the month. It was his opinion that
excess storm water flows may be from footing drains and sump pump installations now
connected to the sanitary sewers. No data are available at this time on sump pump
meter installations, but this informatinn will be given to Dr. Suhdin before the
next meeting. Dr. Sundin gave an approximate time schedule for corrections to the
sewer system as follows: 4 to 6 months for the survey and preparation of plans; bids
to be received the latter part of this year; and construction to be completed late
next summer or early fall. Cost estimates for Phase I of the Baxter and Woodman
report will be received at the next meeting.
Authorize Execution Trustee Neuman moved, seconded by Trustee Slavin,
Letter of Intent that the President be authorized to execute the
Grants for S.T.P. Improvements Letter of Intent for filing on Federal and State
grants for sewage treament plant improvements.
Motion carried unanimously.
BZA Report -Sign Variation
757 Deerfield Pd.-'
Authorize Ordinance
A report from the Board of Zoning Appeals recommended
that a variation from the provisions of the Zoning
Ordinance be granted to permit the erection of a
free standing sign at 757 Deerfield Rodd with a
setback of 35 ft. 5 in. from the center line of Deerfield Road and an encroachment of
20
2 ft. 7 in. into the required front yard, asr requested b}r.Xr. Mel Fragassi..
It waa furtfier recommended that no advertising of brand names'be permitted
o n the sign.
Trustee Brust moved, seconded by Trustee Neuman, that the report of
the Board of Zoning Appeals be approved, and the Village attorney be directed
to prepare the ordinance granting the variations as recommended.
Mr. Fragassi asked the Board to overrule the recommendation that no;_
product identification be permitted since the omission of brand names would
defeat the purpose of the sign. A sign listing products flush against the
building would not be readily visible due to the building setback, and would
be unsightly on the attractive facade.
Trustee Kelm moved, seconded by Trustee Slavin, that the motion be
amended to permit product names to be listed on the sign;. The motion failed,
the following vote being recorded.
Ayes: Kelm, Slavin (2)
Nays: Brust, Neuman, Forrest (3)
The original motion carried unanimously.
BZA Report -- Variation
P.C. Report Special Use
Franken Bros. Outdoor
Garden Sales
of the required 10 ft. and
Inc. and Village Hardware,
mended that the variations
use of adjoining properties
A report from the Board of Zoning Appeals
recommended that variations be granted
to permit an outdoor garden sales area
iii the parking lot at 817 Deerfield Road
with no rear or sideyard setback in lieu
12 ft. respectively, as requested by Franken Bros.,
owner of the subject property. It was further recom-
be approved for so long as there is no change in the
to the west and south.
A report from the Plan Commission recommended that a Special Use be
approved to permit Franken Bros. Inc. to operate an outdoor garden sales area
at the southeast corner of the Deerfield Hardware parking lot at 817 Deerfield
Road, provided a fence or barrier is erected to prevent children from wandering
into the traffic area, that there is compliance with site development sketches
submitted to the Plan Commission, and that the Special Use be terminated if
the area is not used by Franken Bros., Inc. for a period of one year.
Discussion was had on the type of fencing to be.erected. Snow fencing
or a post and rope barrier were suggested. Mr. Pottenger, representing Franken
Bros., stated snow fencing would be more practical, since it could be erected
in a matter of hours, whereas some other type may be more time - consuming, and
he was anxious to get the garden sales operation underway as soon as possible.
Ordinance - Variations The ordinance was presented granting
Side & Reat Yards variations from the provisions of the Zoning
Franken Outdoor Garden Sales Ordinance to permit the outdoor sale of
(0- 72 -24) nursery and garden products within the
required side and rear yards at 817 Deer-
field Road, as requested by Franken Bros., Inc., with an unspecified termina-
tion date.
Trustee Neuman moved, seconded by Trustee Brust, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
The Village attorney stated he had prepared the ordinance granting the
variations as recommended by the Board of Zoning - Appeals, but none had been.,
prepared authorizing the Special Use. He pointed out that Section Four of
the ordinance granting variations provided a time limit which had been left
blank for the Board's decision.
Trustee Brust suggested a time limit until December, 1972. Mr. Pottenger
stated it had taken two months to get this far on his proposal for an outdoor
garden center, and he could see no valid reason to require the same procedure
!next year.
Trustee Kelm moved, seconded by Trustee Neuman, that the words "and
subject to the further condition that the variations shall terminate ,
1972, and be of no further force and effect" be deleted from Section Four of the
said Ordinance. Motion carried unanimously.
Trustee Neuman moved, seconded by Trustee Slavin, that the ordinance, as
amended be passed. Adopted by the following vote:
71
[I
J
J
21
Ayes: Brust. Kelm, Neuman, Slavin (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Authorize Ordinance Trustee Neuman moved, seconded by Trustee Kelm,
Franken Spec. Use that the Village attorney prepare the ordinance
authorizing the Special Use for outdoor garden
sales at 817 Deerfield Road. Motiom carried unanimously.
Mr. Pottenger asked for and was given permission to start the installation of
his garden sales area inasmuch as the ordinance will be passed at the next meeting.
BZA Report- Keeper Nagel A report from the Board of Zoning Appeals recom-
Sign Variations -400 County Line mended that variations be granted to permit the
erection of a six sided sign with a surface area
of 10.68 sq. ft. per face, located 2. ft. 6 in. inside the front property line at
400 County Line Road, as requested by Keeper Nagel, Inc.
There was a question on for whom the sign was intended, and Trustee Brust
moved, seconded by Trustee Neuman, that the matter be postponed until the next
meeting for clarification on this point. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman (3)
N ay: Slavin (1)
BZA Report -Dulin Sideyard A report from the Board of Zoning Appeals recom-
variation -207 Forestway mended that a variation be granted to permit
Authorize Ordinance the construction of an addition to the garage
at 207 Forestway Drive, with a total side yards
of 18.12 ft. in lieu of the required 20 ft., as requested by Harvey S. And Sheila
D ulin.
Trustee Brust moved, seconded by Trustee Neuman, that the report of the Board
of Zoning Appeals be accepted and the Village attorney prepare the ordinance as
recommended by the Board of Zoning Appeals.
Motion carried unanimously.
Mr. and Mrs. Dulin were advised they could request passage of the ordinance
at its first presentation at the next meeting.
Proclamation - Bicycle President Forrest read and signed the Proclamation
Safety Month designating the month�of "May 1972 as BICYCLE
SAFETY MONTH.
S.C. Report - Crossing Guards The "Safety Council recommendations on crossing
guards and survey report was received. Safety
Council Chairman Walter Moses stated requests had been made for five additional
crossing guards , but it was the opinion of the Council only two were required at
this time. One will be stationed at Hackberry and Kenmore, the second at Hackberry
and Pine Street. Funds have been budgeted for the two glcards. A decision on
the additional three guards will be made after the effectiveness of the new signs
can be determined.
Trustee Neuman moved, seconded by Trustee Brust, that the Safety Council's
excellent report be approved and the manager be instructed to hire two additional
crossing guards.
Motion carried unanimously.
The hours the crossing guards will be on duty will be worked out with the
s chools.
Park Ave. RelocAtianUark The report of Planning Aide Steadman on the Park
Studx Report On Next Agenda Avenue relocation study was received. Trustee
Neuman stated the report was not clear, and
asked that the report be rewritten to give the Board complete and clear information
on all alternatives in order that an intelligent decision can be made. He suggested
the matter not be put on the agenda until all information is received, and asked
that the report be given to members at least one week before the meeting to give
adequate time for study. Trustee Slavin urged the matter be put on the agenda for
the next meeting since the sale of one tract has been held up pending a decision by
the Board on the Hoffman - Petersen -Park Avenue relocation.
The manager stated all information would be sent to members this week and the
$ atter Mould be on the agenda for the next meeting.
22
P.C. Report- Special Use A report from the Plan Cogmjss,�,on recom
F ragassi Bldg. 803 Deerfield mended that a Special Use be approved for
Authorize Ordinance the Fragassi building at 803 Deerfield
Road for a retail store, a barber shop,
and continuance of the existing non - conforming use of the second floor for
apartments, subject to meeting parking requirements for on -site and off -site
parking spaces, tenants and employees to park off -site, and the owner to
furnish evidence of` sufficient off -site parking in January of each year.
Trustee Neuman moved, seconded by Trustee Kelm, that the recommendation
of the Plan Commission be accepted, and the attorney be instructed to prepare
the ordinance approving the Special Use.
Trustes Slavin stated action on the requested Special Use was premature
in view of postponing a decision on traffic flow. He then moved, seconded by
Trustee Neuman, that the matter be postponed until the next meeting at which time
a decision would be made on the Park Avenue - Hoffman - Petersen Lane realignment.
Motion carried unanimously.
Mr. Fragassi and his attorney objected to any delay in a decision on
approving the,Special Use. Mr. Fragassi stated a tenant was reddy to move
into the building, and he had complied fully with all ordinance requirements
on parking and all other requestsrof the Plan Commission, which were costly in
terms of both time and expense.
In order that there be no delay after the Board's decision on the Park-
Petersen-Hoffman realignment, Trustee Kelm moved, seconded by Trustee Brust,
that the Village attorney be directed to prepare the ordinance granting the
Special use as recommended by the Plan Commission.
Motion carried unanimously.
Resolution Amending Deerbrook Trustee Slavin moved, seconded by Trustee
Annexation Agreement Neuman, that the Resolution approving the
(R-72-8) Amendment to the Annexation Agreement and
the Restrctive Covenant Agreement per-
taining to Deerbrook Shopping Center be passed.
Trustee Brust stated two matters were covered by the amendment - the
drive -in banking facilities and the theatre sign, and asked that they be con-
sidered separately.
Discussion was had on the location of the drive -in banking facilities.
Trustee Brust expressed his concern about traffic safety at the proposed
location. The Plan Commission Chairman stated this matter had been discussed
by the Plan Commission, and it was their opinion safety would be enhanced by
this location since it would prevent traffic from moving diagonally across the
parking lot to avoid the traffic lights at the intersection.
Trustee Slavin moved, seconded by Trustee Kelm, that the location of
the drive -,in banking facilities be approved as proposed. Adopted by the
following vote:
Ayes: Kelm, Neuman, Slavin, Forrest (4)
Bays: None (0)
Pass: Brust (1)
Trustee Brust moved, seconded by Trustee Neuman, that the size of the
sign for the theatre be changed from 240 sq. ft. to 225. sq. ft. inasmuch as
the sign proposed is 221 sq. ft. in area.
Motion carried unanimously.
The Resolution, with the change is sign size, was adopted by the following
vote:
Ayes : Brust, Kelm, Neuman, Slavin, Forrest (5)
N ays: None (0)
Ordinance Amending Special Use G ordineiinc'e was presented amending a Special
Deerbrook II - Theatre Sign Use - Deerbrook IT - Theater Sign.
(0- 72 -25)
Trustee Kelm moved, seconded by Trustee Neuman,
that the size of the sign as set forth in the ordinance be changed from 240 sq.
ft. to 225 sq. ft. Motion carried unanimously.
21
Trustee Kelm then moved, seconded by Trustee Neuman, that the ordinance, as
amended, be passed. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin (4)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
The meeting was recessed at 10:45 p.m. and re- convened at 11:20 p.m.
Approve Consent Agenda The Consent Agenda was presented for consideration
as follows:
CONSENT AGENDA
1. Continuation of present agreement with State Department of Transportation for
maintenance of State Routes in Village limits.
2. Approval of Special Use for Marshall at 839 Waukegan Road (Plan Commission).
2. Authorization for Mayor to sign final plat for Roskamp Resubdivision, subject to
posting bond or escrow for improvements (Plan Commission).
3. Authorization for Mayor to sign final plat for Chesterfield Subdivision, subject
to posting bond or escrow for improvements (Plan Commission).
Trustee Neuman moved, seconded by Trustee Slavin, that the Consent Agenda
be approved. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin (4)
N ays: None (0)
Appointments The Manpower Commission's.recommendations for
appointments to the carious Boards and Commissions
having been received, President Forrest proposed the appointment of the following:
Plan Commission: Mr. Richard Morris, Mr. Thomas E. Fennell, Mr. Max Tyson, all for
3 year terms; Mr. James L. Marovitz to the term expiring in May, 1973.
Police Commission-: Mr. George Schleicher and Mr. Robert C. Lindberg, both for
3 year terms.
Safety Council: Mrs. G. E. Christoph and Mr. Douglas Thornton for 3 year terms;
Dr. Barton L. Hodes to term expiring in May, 1974.
Youth Council: Mr. Jerry O'Leary, Mr. Robert Maday and Mr. John T. Holcombe for
3 year terms.
Environmental Commission: Mr. Lawrence Feldman for 3 year term.
Manpower Commission: Mr. James Reed and Col. H. D. Davidson for 3 year terms.
Board of Zoning Peals: Mr. Robert Fox for 5 year term.
Police Pension Board: Mr. Robert Mackin and Mr. Robert E. Sorg for two year terms.
Trustee Slavin moved, seconded by Trustee Neuman, that the appointments be
a pproved.
Motion carried unanimously.
Ordinance -Mun. Code Amend. Trustee Neuman moved, seconded by Trustee Brust,
Sec. 19.218- Redemption of that the Ordinance be passed amending Section
Des from Pound 19.218 of the Municipal Code pertaining to the
(0- 72 -26) redemption of dogs for the pound, and establishing
a charge of $15,00 for impoundment plus $3.00 per
day for the cost of keeping such dog. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
24
Authorize Application Discussion was had on tb-e Co=uter Parking
Commuter Parking Grant Grant program. The manager explained the
grant might be from $27,000 to $45,000, and'
if approved, the cost of the Favelli property could be credited as the Village's
s -hare of the cost of demolition of the building, grading-;andt-paving, parking meters
if decision is made to meter parking, and the pedestrian bridge. Credit might also
be given for acquisition of the Yous property.
Trustee Brust moved, seconded by Trustee Neuman, that application be
made for the maximum amount available, including the Favelli and Yous properties,
the pedestrian bridge and Park Avenue realignment.
Motion carried unanimously.
Accept Classic Landscape Trustee Neuman moved, seconded by Trustee
Parkway Trees Bid Slavin, that the low bid for parkway trees
submitted by Classic Landscape Engineers of
Addison, Illinois, be accepted, as recommended by the Public Works Director.
Adopted by the following vote:
Ayes: Brust, Kelm, Neumann, Slavin (4)
N ays: None (0)
Report- Waukegan Rd. Widening The manager reported he had met with the
Right -of -Way Needed Cook County Highway Department who had
advised that additional right -of -way was
required for widening Waukegan Road in front of the Phil Johnson restaurant
because of the Village's request for right turn lanes. It was indicated the
Village shohld pay part of the cost of acquisition, the Village's share being
approximately $30,000.
It was the consensus of the Board that the manager write to the Cook
County Highway Department stating the Village has exhausted all funds for
thei improvement, and the entire cost should be borne by the Highway Depart-
ment, since right turn lanes would be necessary in a few years if not installed
n ow.
Ordinance Rpproving Planned The ordinance was presented approving a
Development -- Lot 121 Hovland planned development of Lot 121, Hovland
(0- 72 -27) Subdivision, as .requested by Jack and
Mary B. Gasparac.
Trustee Slavin moved, seconded tiy'�Trustee Kellm•;' that the rubes be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Slavin then moved, seconded by Trustee Neuman, that the ordinance
be passed. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Approve Final Plat Trustee Slavin moved, seconded by Trustee
Gasparac Sub. Lot 121 Hovland Neuman, that the final plat of Gasparac' s
Subdivision, a resubdivis.ionodf.Lot 121,
Hovland Subdivision, be approved, and execution thereof be authorized.
Motion carried unanimously.
Ordinance - Briarwood C.C. The ordinance was presented granting varia-
Variations -Front Yard & tions from the provisions of the Zoning
Fence, 305 Deerfield Rd. Ordinance to permit the construction of two
(0- 72 -28). tennis courts 15 feet from the front property
line, construction of off - street parking
facilities within 33 ft. of the center line of Deerfield Road, and the erection
of a fence 12 ft. in height in lieu of the permitted 7 feet, at 305 Deerfield
Road, as requested by Briarwoods Country Club.
Trustee Neuman moved, seconded by Trustee Slavin, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Slavin them moved, seconded by Trustee Neuman, that the said
." •
be passed. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Authorize $500 - Brochure Copies of the brochure prepared by the Committee
CBD Expansion for expansion of theDeerfield CentrAl Business
District were received, with a request that
funds be allocated for its publication., $500 for 200 copies.
Trustee Neuman moved, seconded by Trustee Slavin, that the expenditure of
$500 for 200 copies of the brochure be authorized.
Motion carried unanimously.
Authorize Add. $1000 The Village attorney reported on the status of
Sears Tower Suit the Sears Tower suit, and stated the $1,000
authorized had been exhausted. He stated the
attorneys for the municipalities who have joined in thb suit have attempted to share
the bufden of work, and he hoped that after the initial stage, the work can be done
b y one attorney.
Trustee Slavin moved, seconded by Trustee Neuman, that the expenditure of
an additional $1,000 for legal costs be approved. Adopted by the following vote,
Trustee Brust's Pass vote being counted with the majority:
Ayes: Neuman, Slavin, Forrest (3)
Nays: None (0)
Pass: Brust (1)
Abstaining: Kelm (1)
Reject Grant Community
Relations Officer
Z
President Forrest stated that at the last meeting
he had asked for specific approval or rejection
of the grant for a Community Relations officer.
Trustee Brust moved, seconded by Trustee Neuman, that the grant be accepted.
Discussion was had on the letter from the Illinois Law Enforcement Commission,
and the statementstbherein that a plan shall be submitted in writing by June 1, 1972
to broaden the scop_p of the officer's functions, and that it is a one -year grant
with full community support in subsequent years.
The motion to accept the grant failed by the following vote:
* Kelm
Ayes: Brust, *Neuman (2)
Nays: Kelm, Slavin, Forrest (3) *(Corrected 5/1$/72)
*Neuman
Trustee Neuman's motion that the matter be tabled to the next meeting failed
for lack of a second. He then suggested that the ILEC be asked to submit a
letter clarifying the last 2 paragraphs regarding plans and term of grant.
Resolution- Enforcement Powers Trustee Neuman stated a letter had been received
of EPA (R -72 -9) from the League of Women Voters requesting the
Board to go on record as opposing the weakening
of the Environmental Protection Act. He moved, seconded by Trustee Slavin, that
the Resolution proposed by the League,supporting the Environmental Protection Act
as enacted and existing enforcement powers, be adopted.
Motion carried unanimously.
Environmental Commission A report from the Environmental Commission
Report-H.S. Driving RAnge recommended that the proposed blacktop driving
Approved range tot:-.We constructed in the conservation
area as is presently planned.
Trustee Neuman moved, seconded by Trustee Brust, that the Board support the
opposition to the proposed location of the driving range, and the Environmental
Commission's recommendation be sent on to the High School District as the Village's
recommendation also. Adopted by the following vote:
Ayes: Brust, Neuman, Slavin (3)
Nays: Kelm (1)
G El
Trustee Neuman commended the Public Works Department on its conserva-
tion of salt, and asked that a copy of the report on salt be sent to the
Environmental Commission who are studying the salt problem.
The manager was asked to get
Municipal Code for the next meetin;.
Authorize '28Q- Manager
Attend AMA Conference
He then moved, seconded by Trustee
conference, the fee being $280.00.
Motion carried unanimously.
three bids on recodification of the
Trustee Neuman reported the American Manage-
ment Association Confernce on Salary Adminis-
trative.programs would be held in Chicago.
Slavin, that the manager attend this
Trustee Neuman also recommended, and the Board approved, that the
manager become a member of the American Management Association.
Discussion was had on a policy for communications between Trustees and
department heads. A memorandum from President Forrest suggested a policy
stating that a Trustee shall arrange for an appointment with a department
head through the manager, who will be present throughout the meeting, which
would avoid any possible misundertanding.
Trustee Brust moved, seconded by Trustee Kelm, that President Forrest's
memorandum of April 21, 1972 be adopted as the policy for Trustee - Department
Head Relations.
Trustee Slavin moved, seconded by Trustee Kelm, that the matter be tabled.
Adopted by the following vote:
Ayes: Relmy,Neuman, Slavin (3)
Mays: Brus t (1)
Trustee Kelm stated a meeting on off - street parking would be held on
May 9th, and suggested that Mr. Box be asked to attend.
There being no further business, on motion by Trustee Slavin and
seconded by Trustee Neuman, the meeting was adjourned at 12:10 a.m.
ATTEST:
P
Village Clerk
APPROVED:
President
1
1