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03/19/1973 (2)141 March 19, 1973 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, March 19, 1973 at 8:50 p.m. The Clerk called the roll and reported that the following were Present: Bernard Forrest, President Albert E. Brust George Kelm Werner E. Neuman Stephen M. Slavin Daniel H. Stiehr M. Jay Turner, Jr. Absent: None 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 Turner, that the minutes of the regular meeting held March 5, 1973 be approved as corrected. (Page 137, last line - Nays: Neuman, $tiehr (2), and page 140, second line - Trustee Turner). Motion carried unanimously. Approve Warrant No. W -73 -3 Trustee Neuman moved, seconded by Trustee Stiehr, that Warrant No. W -73 -3 - Payment of bills, in- cluding fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Stiehr, Turner (5) Nays: None (0) Pass: Brust (1) Ordinance- Wilmot - Berkley The ordinance was presented to provide for a local .Improvements S/A 111 improvement consisting of curb and gutter, side - (0- 73 -14) walk, a storm drainage system and otherwise improving portions of Wilmot Road and Berkley Court. Trustee Slavin,;movpd:,-,seoondedjby Trustee Kelm, that the rules be waived to permit action on the ordinance at its first presentation. Adopted by the following vote: Ayes: Kelm, Slavin, Stiehr, Turner (4) Nays: Brust, Neuman (2) Trustee Kelm then moved, seconded by Trustee Turner, that the ordinance be passed. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) N ays: None (0) The President signed the ordinance indicating his approval thereof. Approve Consent Agenda The Consent Agenda was presented for consideration, including additions and deletions approved by the Board, as follows: CONSENT AGENDA Ordinance granting a variation from the provisions of the Zoning Ordinance for the Fragassi sign at 757 Deerfield Road. (0- 73 -15) Resolution approving Amendment to Restrictive Covenant Agreement between the Village of Deerfield and Northwest National Bank of Chicago, Trustee under Trust No. 122 (Deerbrook), authorizing execution thereof, approving Plan of Development for Osco Addition to building leased by Jewel Companies, Inc. (R -73 -7) Ordinance amending a Special Use (Deerbrook I - Osco Addition).. 0 -73 -16 Ordinance Authorizing a Special Use and granting a variation for Goodyear Automobile Accessory Store at: 25 Waukegan Road. First presentation. Approval of payment of $4,950 to Hewitt Associates for Salary Administration Survey. Ordinance amending Article XII of Chapter 27 of the Municipal Code re: Human Relations Commission and Real Estate Review Board; Powers and Duties and Procedures. (0- 73 -17)-' 142 M N Ln b Q) 4J 0 a) P 0 U �c Report and recommendation of the Plan Commission on Amendment to Zoning Ordinance re: Flood Plain Map; authorize preparation of ordinance. Report and recommendation of the Plan Commission on Amendment to Municipal Code re: Flood Plain Map. Ordinance amending Section 22.901 of Article IX of Chapter 22 of the Municipal Code re: Flood Plan Map. (0- 73 -18) Report and recommendation of the Plan Commission on Amendment to Zoning Ordinance re: Flood -way; authorize preparation of ordinance. Authorization for President to sign Third Amendment to Annexation Agreement re: Recreational Building at Deerbrook. Trustee Stiehr moved, seconded by Trustee Brust,,that the rules be waived to permit action on the above listed ordinances, excluding the ordinance approving the :Goodyear Special Use and' variation, at their first presentations. Trustee Slavin moved, seconded by Trustee Turner,'.thet the Consent Agenda be approved, including passage of the ordinances. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) N ays: Norte (0) The President signed the ordinances indicating his approval thereof. Approve H.W. Voss Associates Trustee Brust moved, seconded by Trustee Financial Consultant =Sale of Turner, that the proposal submitted by Sewer & STP..'Bonds $2350 Howard W. Voss Associates, Inc. be accepted ' for services in connection with the sale of $4,380,000 Sewer and Sewage Treatment Plant Improvement Bonds at a fee of $2,350, and if more than one sale is required, an additional fee of $1,750 shall be paid for each additional sale. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) N ays: None (0) Authorize Engineering A report from the Village Engineer'recom- Plans & Specs. B & W mended prioi#ies for sewer improvements as S ewer Improvements follows (numbers keyed to bond issue projects approved by Board of Trustees)): 1) #10- We -Go area storm sewer; 2) #2 - Deerfield Road underpass relief sewer; 3) #3 - Margate, Oxford, etc. relief sewer; 4) #8 - Standish,'Dfivie inlet1;:.'5). #4 - - Stratford Road,.from E3:ipw66d'fo- GJfeeawo6.d ;relief_-sewer-a •6)--15' ~ - 'North - Avenue, storm sewer including Stratford and Woodbine; 7) #6 - Wayne Avenue storm sewer relief connection; 8) #7 - Deerpath, Anthony, Bayberry Pine, etc. sewer augment- ation; 9) 919 ,Granshire and Hampton Court relief lines; 10) 411 - East Sanitary Trunk Sewer Replacement. * Turner Trustee Slavin moved, seconded by Trustee glay4n, that Baxter & Woodman be authorized to proceed with necessary engineering, plans and specifications for all projects as listed above in the order specified. Trustee Neuman moved, seconded by Trustee Brust, that the motion be amended by adding that all engineering be completed not more than 120 days from the date' of the contract. Motion carried unanimously. The motion as amended was adopted by the following vote: Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6) N ays: None (0) Reconsider Ordinance Approving President Forrest stated he had not approved P.U.D. Hovland Lots 131 & 132 or signed the ordinance approving a planned Pass Revised Ordinance (Gustie) development of Hovland Lots 131 and 132 passed (0- 73 -13) by the Board at the March 5th meeting, which was to be re -typed to provide that bond or escrow funds be deposited for a proportionate share of the cost of full improvements of a proposed street for a five year period. He pointed out that Chesterfield Development Company had not been required to furnish bond or an escrow deposit for a future street'as a condition for approval of a planned development, such bond or escrow funds to be deposited prior to issuance of a building permit. At his request, the Village attorney has revised the ordinance to conform with the conditions afforded Chesterfield, i.e., an escrow shall be deposited or other provisions satisfactory to the Village shall_­be made prior to the issuance of a building permit on any lot of the proposed planned development. 1 143 Trustee Slavin moved, seconded by Trustee Neuman, that the ordinance be re- considered. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Slavin, that the rules:.be.�Xfdived to, permit action on the ordinance, as revised, at its first presentation. Motion carried u nanimously. Trustee Neuman moved, seconded by Trustee Turner, that.brdinance be adopted. Mrs. Pat Gustie, owner, stated the revised ordinance provided no relief inasmuch as no lot could be sold or built on unless funds are deposited in escrow for the proposed street. Trustee Kelm stated it was his opinion that the Gordon Vines had been treated unfairly in the proposed resubdivision of their property in Hovland Subdivision, since the Boafdhad conditioned approval of the final plat on posting bond or a cash escrow for a future street for a five year period. He asked that the Vines resubdivision be put on the agenda for the next meeting. Discussion was had on whether a Note from Mrs. Gustie, secured with a mortgage on proposed Lot 4, would be acceptable.to insure the availability of funds for the proposed street. Trustee Stiehr stated the ordinance.was not satisfactory to either Mrs. Gustie or some members of the Board, and moved that it be tabled until the Village attorney has given an opinion on whether a Note and mortgage is satisfactory to secure funds for the proposed street. Seconded by Trustee Brust. The motion to table failed with the following vote recorded: Ayes: Brust, Stiehr (2) Nays: Kelm, Neuman, Slavin, Turner (4) The ordinance was adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Forrest (4) Nays: Brust, Stiehr, Turner (3) The President signed the ordinance indicating his approval thereof. Trustee Neuman asked the Village attorney to give an( opinion on the question of a Note and mortgage for the installation of improvements for proposed streets. The meeting was recessed at 9:45 p.m. and re- convened at 9:55 p.m., all members p resent. Discussion - Lake - Cook - Waukegan In connection with the Homart -Sears development on Intersection Improvements the south side of Lake -Cook Road in Northbrook, Hold Joint Agreement the manager stated that traffic studies show that Lake -Cook Road should be widened to six lanes to handle the greater volume of traffic which will be generated by the development. He stated it would be worthwhile to reconsider the Joint Agreement with Cook County and the $36,000 appropriated from Motor Fuel Tax funds for right -turn lanes at the Lake- Cook-Waukegan Road intersection. At the request of the President, the Agreement and Supplemental Motor Fuel Tax Resolution have not been filed by the clerk. A lengthy discussion was had on what could be done to alleviate traffic problems which will be experienced by Highland Park and Deerfield, while Northbrook will get. the revenue from the development. Highland Park is opposing the widening of Lake -Cook Road in the hope that limiting Lake -Cook Road to two lanes, Homart will not develop the property. It was the consensus that only the Northbrook Village Board could pro- vide any relief from traffic problems engendered by the Homart development if the Northbrook Board of Trustees is willing to cooperate with Highland Park and Deerfield in efforts to minimize the impact on these communities. President Forrest left the meeting at 10:00 p.m., returning at 10:07 p.m. Several members stated the Village's immediate problem was the improvement of the Lake - Cook - Waukeagn Road intersection for the safety of pedestrians and traffic, and this vital project should not be overlooked in concern about the widening of Lake- Cook Road and the volume of traffic from the Homart development. Decision was made that the Joint Agreement and the Supplemental Motor Fuel Tax resolution not be filed by the clerk until a determination is made on what can be done to resolve the traffic congestion on Lake -Cook Road which will result from the Homart development. Discussion was had on legal means to block or delay the development and Trustee Slavin asked the Village attorney to explore this matter. The Village attorney stated only an adjacent property owner affected by the development could attack the zoning classification granted by Northbrook. He recommended the Board make an.effort to meet witr L WA the Northbrook Board to discuss the Homart development and Deerfield's concern about traffic. � He stated it was his opinion there �s.a possibility of some modification of: plans on the basis of any definite proposals which may be sub- mitted by the Village. The only other...apparent course of action would be an attempt to block the widening of County Line Road, as is being done by Highland P ark. Trustee Slavin moved, seconded by Trustee Turner, that further discussion of the matter be postponed. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Stiehr, that a meeting be arranged with the Northbrook Village Board to discuss the development and its impact on neighboring communities. Motion carried ;unanimously. Discussion was had on whether Paul Box should attend the meeting with the Northbrook Board. The Village attorney suggested that Mr. Box be consulted before- hand regarding zoning and traffic, but the meeting be limited to officials of the two municipalities. Trustee Neuman stated that the Joint Agreement with Cook County should be reconsidered if the work is not done within.two years. Mr. Houpt stated the Agreement could be amended to include a time limitation or change in plans, and then forwarded to Cook County for approval. _Accept Bid G. F'..= Fowler The manager reported two bids had been $ 850 _ -_ Elm• Tree!- Spray received on elm tree spray, both on the basis of 850 trees, as follows: G. R. Fowler Tree Surgery $850 Barrington Nurseries Inc. $1,513 Both bids were 'accompanied by the required 10 per cent deposit. Trustee Kelm moved, seconded by Trustee Brust, that the low bid of $850 submitted by G. F. Fowler Tree Surgery be accepted. Trustee Slavin moved, seconded by Trustee Turner, that the motion be amended by adding "subject to receiving satisfactory references." Motion carried unanimously. The motion as amended was adopted by the following vote: Ayes: Brust, Kelm, Slavin, Stiehr (4) Nays: Neuman, Turner (2) Request Ordinance Re: A letter 'requesting "the Board to'pass an Phone Solicitation ordinance to require permission from the Village for telephone solicitation was referred to the Village attorney for a report at the next meeting on whether the-Village can restrict such solicitation. Approve Application & Chief of Police Warren Whitton presented Acceptance-Police a report on the need for an expanded grant Community Relations Grant application for the Police Community Re- Relations program. The total cost is $40,792, the Village to contribute $20,546.25 and a State grant of $20,245.75. A condition of the grant is the replacement of the Community Relations officer by an additional police patrolman. A member of the Department has already been trained as the Community Relations officer, but is now on vacation. Trustee Stiehr stated he was disappointed in the Police Chief's report which did not evaluate the effectiveness of the.present Community Relations officer. Trustee Brust questioned the employment of an additional policeman when there has been no increase in the population of the Village. Chief Whitton stated the present Community Relations officer is doing an excellent job, and the program should be continued and expanded. Manpower of the Department is sufficient for this year, another year may justify another police patrolman. Trustee Brust left the meeting at 11:00 p.m. Trustee Neuman pointed out that if the proposed Community Relations officer, trained in crime prevention, is successful, the need for additional manpower will be decreased, rather than increased. He stressed the need for a definitive program and asked that one be prepared. Chief Whitton stated he had outlined 14 areas in which work will be done. 1 1 n 4-.5 Trustee Slavin moved, seconded by Trustee Stiehr, that the President be authorized to accept the grant when and if it is approved. Motion carried unanimously. Authorize Ordinance Add. Class D Liquor License for Recreational Bldg. Center. She stated a liquor explained that the lounge (b, Food service will be limited purpose room will be used as A representative of the Brunswick Corporation requested the issuance of a Class D (pouring license) liquor license for the recreational building to be constructed in the Deerbrook Shopping license is necessary for a successful operation, and sr) would be closed when there are activities for minors. to "fast" foods, hot and cold sandwiches, etc. The multi - a playroom and for meetings. Trustee Slavin moved, seconded by Trustee Neuman, that an ordinance be prepared to "increase the number of Class D liquor license as requested by Brunswick. The Village attorney stated if the ordinance is amended to increase the number of liquor licenses., there would be nothing to prevent someone else from applying, and there would be no basis for refusal. He suggested the ordinance be prepared and first reading had, but passage be deferred until the Brunswick building is under roof and the appli- cation can be submitted and license issued. Trustee Slavin stated the Red Balloon restaurant is being remodelled, and he personally would have no objection to issuing a license for the restaurant. The motion to prepare the ordinance was adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Stiehr (4) N ays: Turner (1) It was suggested that some means should be provided for children to get to the recreation building in safety. President Forrest stated a study is underway on the feasibility of mini -bus service, and suggested the Brunswick Corporation make a pre- sentation to the committee. Complaints- Cab Service Two letters complaining about unsatisfactory cab service were received. The manager stated the company had been notified, but were not present. President Forrest stated the licensee has licenses for five cabs, and is unwilling to get moreoin order to provide better service. Trustee Neuman stated that some time ago a cab company had submitted an application for a license, and suggested the company be invited to re- apply. President Forrest stated :there have been many complaints about poor service, and asked the manager to find out if anyone else is willing to apply for a license. If there is, he suggested a public hearing be held, and at the same time,revocation of the present license be considered. Approve Spring Cleanup by P.W. Dept. A lengthy discussion was had on the Spring cleanup Request Proposal from Scavenger_ which, in the past has been done by the Public( Works Department. Trustee Neuman stated it was more important for Public Works employees to continue their.work on sewers, street repairs, downspout corrections and similar work of high priority that to have these employees spend the greater part of three or four weeks on a spring cleanup which serves a.relatively few people. Trustee Kelm stated no other program was participated in by more residents and he would oppose - 146 Ayes: Slavin,'Stiehr, Turner (3) N ays: Kelm, Neuman (2) Reports - Communications A letter from the Milwaukee Railroad stated they were unwilling to petition for annexation of railroad property abutting on the Deerbrook Shopping Center, and pointed out that the Board had denied its petition for a variation to permit the use of use of property for the sale of ornamental gravel and stone with outside storage. It was suggested that this letter be called to the attention of the Commerce Commission. Because of a conflict of interests, Trustee Slavin abstained from participa- tion in the discussion of the letter from Ernst & Ernst regarding the audit and other work. Trustee Stiehr stated he was disappointed that the $8,000 cost had not been reduced inasmuch as the finance department would do much of the pre- liminary work and the fixed assets records would not be set up this year. Trustee Turner stated the fee may be less if certain work is not done by Ernst & Ernst. Trustee Neuman pointed out that savings which will result from the preliminary work to be done by the finance department will probably cover the cost of additional work to be done in reviewing the new accounting system in 0 ctober. Trustee Stiehr stated he would like :.specific information on the cost of the audit and the cost of other work, and the manager was directed to get this information. Trustee Neuman stated the Budget must be passed by April 30, 1973, and asked when it will be available for review by the Board. The manager stated he is waiting for figures on salaries and the:Budget cannot be finalized until he has this information. He will get it to the Board as soon as possible and hoped it would be ready by the end of the week. The manager reported that plans for sewage treatment plant improvements had reached the point where a decision must be made on the matter of handling Sara Lee's sludge. Trustees Neuman and Stiehr stated they would like to discuss this matter with Dr. Hal Sundin before making any decision since both felt some clari- fication was necessary. Trustee Turner moved, seconded by Trustee Kelm, that the salary of the Village clerk be adjusted upward to $5,200 per year. Motion carried unanimously. There being no further business, on motion by Trustee Turner, seconded by Trustee Neuman, the meeting was adjourned at 12:17 a.m. APPROVED: �G✓U� President ATTEST: Village Clerk r7 _J 1