05/20/197425
May 20, 1974
The regular meeting of the President and Board of Trsutees of the Village of
Deerfield was called to order in the Council Chambers of the Village Hall on Monday,
May 20, 1974 at 8:00 p.m. The clerk called the roll and reported that the following
were
Present: Norma Gavin
George Kelm
.'.Walter H. Moses, Jr.
Werner E. Neuman
Daniel H. Stiehr
Absent: Bernard Forrest, President
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 Moses moved, seconded by Trustee Neuman, that Trustee Kelm be appointed
President pro tem. Motion carried unanimously.
Trustee Stiehr moved, seconded by Trustee Moses, that the minutes of the
adjourned meeting held April 29, 1974 be approved as submitted. Motion carried
unanimously.
Certificates of Appreciation for participation in the Blood Donor Program were
presented to Ms. Georgia Bloom and Messrs. Charles Beattie, John Brawders and Roy
Kissling. Building commissioner Charles Smalley also received a Certificate of
Appreciation.
Wilmot Junior High students who will serve as Village officers•aad employees
on Student Government Day were introduced.
Approve Warrant No. W -74 -5 Trustee Stiehr moved, seconded by Trustee Moses,
that Warrant No. W -74 -5 - Payment of bills, in-
cluding fund transfers and reimbursements, be approved. Adopted by the following vote:
Ayes: 4avin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
Report- Finance Dept. Status -' The treasurers report on „the Finance Department
was received. Projects completed include the
budget, sewer and water rate surveys and a report on bank depositories. Ernst &
Ernst will commence the audit about May 27, 1974, and the fixed asset inventory will
be completed this summer. Employees have been replaced where necessary due to retire-
ment and resignation. A personnel manual will be completed by fall. The group
hospital policy is being reviewed and a recommendation will be submitted in June.
Trustee Neuman questioned the preparation of the personnel manual and the
interviewing of applicants for employment by the treasurer if the Finance Department
is working close to its capacity. Mr. Valentine stated the intern is assisting with
the manual, and he does only the preliminary screening of applicants, who are then
referred to the Department head. Trustee Neuman suggested that the initial screening
could be delegated to almost anyone in the Administrative Department if there is a
conflict with other duties.
Ordinance Amending Approval-,6f Trustee Moses moved, seconded-,by Trustee Stiehr,
Planned Development (Laurel that the Ordinance amending approval of a planned
Hill #9 - Phase I) development (Chesterfield's Laurel Hill Unit No.
(0- 74 -30) 9) be taken off the table. Motion carried un-
animously.
Chesterfield having filed a petition with the.Board of Zoning Appeals for a lot
area variation for Lots 37, 38 and 39, Hovland's Subdivision, which is a condition for
approval of Laurel Hill Unit 9, Phase I, Trustee Moses moved, seconded by Trustee
Neuman, that Section Two and the word "further” in Section Three of the ordinance be
deleted, and the Sections be re- numbered accordingly. Motion carried unanimously.
. Trustee Moses then moved, seconded by Trustee Stiehr, that the ordinance be
passed. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
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Ap2rove Consent Agenda The Consent Agenda, with additions and
deletions, was presented for consideration
as follows:
CONSENT AGENDA
Authorization to release eqcrow funds in the amount of $2,056.77 to contractor
for Earl's Court maintenance, Chesterfield's Laurel Hill Unit 5.
Approval of Estimate of Cost for 1974 Motor Fuel Tax maintenance, and authori-
zation for President to sign.
Approval of report on fill on Wagner property, 2074 Deerfield Road.
Ordinance amending Section 18.203 of Municipal Code to permit the use of plastic
refuse containers of 45 gallon capacity. (0- 74 -31)
Ordinance prohibiting parking on Montgomery Road; first presentation.
Ordinance banning trucks of over 12 feet in height from Deerfield Road from
Toll Road overpass to Waukegan Road; first presentation.
Report and recommendation of Board of Zoning Appeals re: rear yard variation at
939 Deerfield Road, requested by Myrtle Sheahen; authorize ordinance.
Report and recommendation of Board of Zoning Appeals re: side and front yard
variations at 1155 Park Avenue, requested by Herbert Beck; authorize
ordinance.
Trustee Neuman moved, seconded by Trustee Stiehr, that the rules be waived
to permit action on the ordinance amending Section 18.203 of the Municipal Code
at its first presentation. Motion carried unanimously.
Trustee Neuman then moved, seconded by Trustee Moses, that the Consent
Agenda be approved, including passage of the ordinance. Adopted by the following
vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
Appointments The President pro tem proposed the appointment
of the following to Boards and Commissions, as
recommended by President Forrest:
Plan Commission: Mrs. Cynthia Marty to a three year term
Robert G. Ducharme to a three year term
Board of Zoning Appeals: James Katz to a five year term
Board of Police Commissioners: James W. Bente. - to a three year term
Police Pension Board: Robert Mackin to a two year term
Board of Building Appeals:- Ted Galvani to a five year term
Gurdev Singh to unexpired term to 1978
Safety Council: James R. Conley to a three year term
Youth Council:
William Rauch )
Robert Hart )
Mrs. Sally Martin ) to three year terms
Mrs. Rosemary Sazonoff )
Human Relations Commission: Mrs. Susan Peaster to a three year term
Mrs. Ruth Bleyler to a three year term
Mrs. Barbara J. Presler to unexpired term to 1976
Miss Doris Roethlisberger to unexpired term to 1976
Michael R. Mead to unexpired term to 1975
Environmental Commission: William H. Prokop to a three year term
Gerald Geren to a three year term
Henry. Schmalz to be appointed Chairman
H. W. Diamond to a three year term
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Manpower Commission: Mrs. Lee Johnson to a three year term
Home Rule Study Committee: Richard Daskal to be appointed Chairman
Mini' Bus Committee: Peter Leech
Citizens Flood Control Advisory.Committee:. Richard A. Miller
Trustee Stiehr moved, seconded by Trustee Moses, that the above appointments
be approved.
Motion carried unanimously.
Resolution- Waiver by Village
of Lake - McHenry LEC Grant
(R -74 -8)
grant to be awarded by the Illinois
Motion carried unanimously.
Trustee Stiehr moved, seconded by Trustee Gavin,
that the Resolution be passed establishing a
waiver on the part of the Village of Deerfield
for the Lake - McHenry Law Enforcement Commission
Law Enforcement Commission from Federal funds.
Re: Legal Fees - Homart Suit Discussion was had on the statement from Martin,
Karganis & Gail Ltd. for legal services in
connection with the Homart suit. The fee -of $6,000 is to be paid by splitting the
cost; $3,000 as the City of Highland Park's share, and $3,000 by the Village of
D eerf ield .
Several members stated that fees had not been discussed when the Village had
agreed to join in the suit, and they had understood there would be no charge. Trustee
Moses asked the manager to check with the Village attorney on any agreement to pay
a part of the legal fees, and also asked that the minutes be checked. The matter
will be on the agenda for the next meeting.
Refer CBD Parking Study to The Off- Street Parking Study of the Central
Chamber of Commerce & Business District, prepared by Planning Aide
Parking Committee James Burke, was discussed. The manager stated
that President Forrest had suggested the study
be referred to Paul Box Associates for review and evaluation of the parking in the
Southwest, Southeast and Northwest quadrants to develop recommendations for improve-
ments. The cost would be $2,500 to $3,000 and would be completed in about 90 days.
Trustee Stiehr stated direct guidance must be given to Paul Box Associates on
what the firm is to do. Trustee Moses stated it would be premature to refer the
Study to Paul Box Associates at this time,. and suggested referral to the Chamber
of Commerce and the Parking Committee. He,said he could not justify the expenditure
of $2,500 to $3,000 for a plan the Chamber.of Commerce would not support. The
Planning Aide's excellent Study would be a good starting point for the Parking
Committee and Chamber of Commerce to begin discussions.
Trustee Stiehr moved, seconded by Trustee Moses, that the Study be referred to
The Chamber of Commerce and the Parking Committee for review, a report to be sub-
mitted in 30 days if possible.
Trustee Neuman stated parking had been discussed for over three years, and it
was futile to refer the matter to another committee when the Village has no funds to
implement any recommendations. He asked if the Board is prepared to pass a bond
referendum, issue revenue bonds, or increase taxes to straighten out parking in the
Central Business District. Trustee Stiehr stated as a member of the Parking Committee
h -e did not share Trustee Neuman's opinion, and an effort will be made to get this
matter back on the agenda with recommendations.
The motion to refer was adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)'
Nays: Neuman (1) C
P.0 Report- Redraft In a report dated April 25, 1974, the Plan
Annexation Agreement Commission recommended that, upon annexation.
the Florence Avenue properties be classified as
a B- Business District with a Special Use as a Planned Unit Development in accordance
with the site plan dated April 11, 1974. Plan Commission Chairman Cynthia Marty
stated that, with two changes (no eastbound deceleration_,,lane and Page 8, paragraph 6
of the Annexation Agreement pertaining to EPA approval of sanitary sewer connection)
the Plan Commissinn recommended approval of the Annexation Agreement.
C3:
•
The provisions of the proposed Annexation Agreement were discussed.
In connection with the installation of traffic lights on Lake -Cook Road at
the entrance to the development when needed, the question was asked Who would
pay for the relocation of traffic lights if installed on a two --lane road if
the pavement is later widened to four lanes. The Village engineer stated the
cost of relations would be part of the improvement and would ordinarily be paid
by the County. Mr. James DiPietro, one of the developers, stated he would take
full responsibility for the cost of the original installation under these con-
ditions.
Mr. DiPietro stated the developers would pay all fees required by Village
and recapture ordinances, and Trustee Kelm suggested that these fees be stated
in the Agreement.
Discussion was had on the number and location of driveways serving Deer-
brook and the proposed development. Trustee Neuman suggested that one service
driveway for both developments would be desirable for traffic safety. Mr.
Stephen Malato, attorney for Mr. Joseph Valenti, the owner of_Deerbrook stated
Mr. Valenti would probably object to a common.service driveway. He pointed out
that , in order to carry out the road, bike path and sidewalk connection with
Deerbrook, approval must be given by the Brunswick Corporation and Montgomery
Ward, as well as Mr. Valenti. Mr. Valenti is in basic agreement on this connec-
tion with Deerbrook, Brunswick has indicated approval and asked for an identif-
cation sign at the entrance to the proposed development, but Ward's as not yet
approved the connection although no problem is anticipated.
Discussion was had on signs, but no definite assurances could be given
by the developers'on what signs would be required. There was agreement on a
height limitation of 42 feet for the recreational building, including any pent-
house for mechanical equipment. The phrase "including, but not limited to" was
deleted from Section 5 C. Mr. DiPietro explained plans for storm water detention
and stated this .would be no problem.
Mrs. Laura Lee Christoph, secretary.of Brarwoods Vista Homeowners Associ-
ation, stated the Association
was opposed
to any additional connections to the
County Line Road sanitary sewer.
Homes in
Briarwoods Vista have been flooded
with sanitary sewage and this
problem will
be aggravated by additional connections.
Mr. Soyka stated the sewer was
adequate to
handle additional sewage if certain
adjustments are made, and this
was being done.
Trustee Moses moved, seconded by Trustee Neuman, that the attorneys re-
draft the agreement in accordance with the changes discussed.
Motion carried unanimously.
The President pro tem suggested that, in addition to the redrafting of
the Annexation Agreement, the :Village attorney prepared the annexation, zoning
and special use ordinances.
P.C. & BZA Report Re: A report from the Plan Commission recommended
Rezoning, Resub. & Variation that the petition for rezoning and resubdivision
355 Wilmot Rd. (Clohecy) of property at 355 Wilmot Road be denied, as
Petition Denied requested by Mr. and Mrs. Charles Clohecy.
The Board of Zoning Appeals reported that
three of the four members voting had recommended denial of the petition for a
front yard variation.
The attorney for Mr. and Mrs. Clohecy stated they had agreed to a 30 foot
setback from Wilmot Road. Mr. Gerald Ernst, 370 Wilmot, and Mrs. William Marquardt,
415 Wilmot Road, gave reasons for their opposition and objection to the rezoning
and variation. A petition opposing the rezoning was presented.
Trustee Neuman moved, seconded by Trustee Moses, that the Plan Commission's
recommendation be accepted and the petition be denied.
Trustee Stiehr moved that the matter be referred back to the Plan Commission
for further consideration. The motion failed for lack of a second.
The motion to deny the petition was adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
The meeting was recessed at 10:15 p.m. and reconvened at 10:25 p.m.
GO
Bldg. Commiesioner's Report The building commissioner presented a report and
on Fees - Authorize Ordinance schedule of recommended increases in building
permit fees.
Trustee Neuman moved, seconded by Trustee Gavin, that the attorney prepare an
ordinance establishing building permit fees in accordance with the building commissioner's
r ecommendation.
Motion carried unanimously.
In connection with fill dumped on the Wagner property adjacent to the East drain-
age ditch, the building commissioner reported there was now compliance with the flood
p lain ordinance.
Loan to Union Drainage Dist. Discussion was had on the proposed loan to Union
No. 1 Rejected Drainage District No. 1 for ditch cleaning and the
letters from the attorneys for the Village and
the Drainage'Commission. There is no assurance that the assessment of $25,000 for
ditch cleaning will be approved by.the Court although there is some indication that the
pending objection would probably fall away after annexation of all property in the
drainage area. If the assessment is not confirmed, a loan cannot be repaid until such
time as an assessment is approved by the Court.
Drainage Commissioner Richard Buxbaum stated that the Court has confirmed a
$5,000 maintenace assessment to be levied each year, and if necessary the loan could
be repaid from these funds.
. Several members stated they could not approve a loan of $25,000 to benefit one
section of the Village, which, if not repaid,by the Commission, would be paid for by
the entire Village.
Trustee Stiehr asked that the Board vote on the motion of the previous meeting
wherein a $25,000 loan to the Drainage Commission was authorized. The motion failed
by the following vote:
Ayes: None (0)
Nays: Gavin, Kelm, Moses, Neuman, Stiehr (5).
Authorize.Qrdinante A report from the Village.treasurer recommended
Water Rate Flat 63(,, that water rates be increased to a flat rate of
63(,% per 100 cubic feet.
Trustee Moses moved, seconded by Trustee Stiehr, that the recommendation be
approved and the Village attorney be directed to prepare the ordinance . Adopted by
the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
Authorize Ordinance
Sewer Rate 37p
A report from the Village treasurer recommended
that the sewer rate be increased from 30 ;:to 37�.
Trustee Moses moved, seconded by Trustee Gavin, that the recommendation be
approved and the Village attorney be directed to prepare the ordinance. Adopted by
the following vote:
Ayes: GAvin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
Report- Composite Sewage A report was received on the results of composite
Tests sewage sample tests performed by the Village
engineer, the operator of the sewage treatment plant
and Dearborn Laboratories. All showed different results.
Discussion was had on the validity of the testing method and possible reasons-for
the variance in the.results. Trustee Neuman asked that tests be continued and a report
be prepared for the next meeting.
Ordinance Allocation $2508 The ordinance was presented allocation $2,508 from
MFT to NSMTD Motor Fuel Tax funds of the Village to the North
(0- 74 -32) Suburban Transit District for the year July 1, 1974
to June 30, 1975.
Mr. Shelgren of the Transit District stated this amount was based on the proposed
budget of the District.
Trustee Neuman moved, seconded by Trustee Moses, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
u nanimously.
Trustee Neuman moved, seconded by Trustee Gavin, that the ordinance be
passed allocating $2.508 from Motor Fuel Tax funds to the North Suburban Mass
Transit District. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
Authorize Ordinance
State Bidding Specs.
The Village engineer recommended that the
ordinance on contracts be amended to include
State bidding specifications.
Trustee Neuman moved, seconded by Trustee Stiehr, that the Village attorney
be directed to prepare an ordinance in accordance with the engineer's recommendation.
Motion carried unanimously.
Postpone Bank Depositories Trustee Neuman moved, seconded by Trustee Moses,
that consideration of the treasurer's report
on bank depositories be postponed until President Forrest is present.
Motion carried unanimously.
Approve Agreement between The Agreement between the Village of Deerfield
NSMTD & Deerfield Re: and the North Suburban Mass Transit District,
R.R. Station regarding the railroad station, was received.
Trustee Moses briefly outlined the provisions
of the Agreement as follows: The District will acquire the present railroad station
from the Chicago, Milwaukee, St. Paul & Pacific Railroad Company; the District
will pay for the renovation of the station in accordance with plans and specifica-
tions approved by the Village, District and railroad, at a cost not to exceed
$66,000 plus an additional 10 per cent, if available, for improvement of the
station area; Deerfield will provide maintenance of the structure, including
janitorial service; the District will-; pay the Village $1,500 per year for main-
tenance, using funds provided by the railroad; Deerfield will pay for fire and
extended coverage insurance in the amount of $80,000 and public liability coverage
in the amount of $300,000. The term of the Agreement is 25 years.
Trustee Moses stated the cost for fire insurance will be $1,300 with $1,000
deductible, and $250 for liability coverage.
Discussion was had on the cost of maintenance, which Trustee Stiehr stated
could exceed the amount received from the District, and said this money could better
be spent for other needs such as improvement of the Police Department's facilities.
Trustee Neuman stated it was his opinion this was a legitimate expenditure for a
service provided by the Village for the entire community.
Trustee Moses moved, seconded
execution of the Agreement, which is
concomitant agreement of the District
the following vote:
Ayes: Gavin, Kelm, Moses, Neuman (4)
Nays: Stiehr (1)
by Trustee Neuman, thAt the Board authorize
not to be- delivered until such time as the
and the railroad is received. Adopted by
The President pro tem signed the Agreement which will be retained by
Trustee Moses until the condition'for approval has been met.
Trustee Moses stated plans and specifications for renovation of the
station, to be approved by the Village, District and railroad, must be prepared.
Trustee Neuman suggested that Mr. Don Wrobleski, who has done much of the pre-
liminary work that culminated in the Agreement, be asked to submit a proposal.
Accept Bid $10500.44 A report from Public Works Director Ed
Barrington Nurseries Klasinski stated two bids had been received
Elm Tree & Stump Removal for removal of diseased elm trees and stumps,
and recommended that the low bid of $10,500.44
submitted by Barrington Nurseries be accepted.
Trustee Stiehr moved, seconded by Trustee Neuman, that the bid of $10,500.44
1
submitted by Barrington Nurseries for elm tree and stump removal be accepted. Adopted
by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
Accept Low Bid Parkway Trees A report from the Public Works Director stated
Arthur Weiler Arthur Weiler was the law bidder on parkway trees
and recommended acceptance of this bid.
Trustee Neuman moved, seconded by Trustee Gavin, that the bid submitted by
Arthur Weiler be accepted. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
Reports - Communications Trustee Kelm .stated that the Plan Commission has
recommended that the Board seek an extension of
the option to purchase Lot 3, Stryker's Subdivision, on Jonquil Terrace, which will
expire July 10, 1974. The right of first refusal is retained until July 10, 1977.
Trustee Kelm suggested that the Village staff confer with Mr. Wessley Stryker on a one
or two year extension of the option to purchase.
Engineer's Report The Village engineer reported that Phase I of the
_Sewer Improvements storm sewer improvements had been completed
except the installation on Deerfield Road at the
railroad underpass. In the recent heavy rain 14 homes were flooded in the area where
the new sewer was - installed, and this is beingrJnvestigated. He stated that at no time
was the storm sewer on Warwick Road more than half full. Mr. Wheelock of Baxter &
Woodman stated the storm was one with a relative intensity of 25 year frequency and
the ground was wet from previous rains and there was little or no absorption which
would alleviate flooding. He said the problem was centered in the Warwick Road sewer.
The area will be checked out to locate the problem.
Village to Intervene The manager reported that School District 113 will
Suit Re: Tax gate file a petition to intervene in the law suit and
(R -74 -9) ask that the Department of Local Government Affairs
be directed to establish a multiplier to bring all
property assessments to 50 per cent of the fair cash value. The suit filed by the
State's attorney for Lake County .will result in a substantial reduction in the amount
of tax money received by taxing bodies if upheld by the Court. The School District
has asked all other taxing bodies to join in the suit. The loss to the Village of
Deerfield would be approximately $18,000, but the loss to School Districts would be
much larger. The School District must be advised by Thursday if the Village joins
as an intervener.
Discussion was had on the matter. Trustee Gavin stated she understood the
legal fees would be costly and questioned whether the intervention of the Village would
be allowed since no objection had been expressed heretofore.
Trustee Moses moved, seconded by Trustee Gavin, that School District 113 be
authorized to include the Village of Deerfield in its suit at no cost to the Village,
and the necessary Resolution be prepared.
Motion carried unanimously.
Trustee Neuman moved, seconded by Trustee Gavin, that a telegram_.be sent to
Governor Walker informing him that the Village is supporting the School District
and requesting him to instruct the Department of Local Government Affairs to set a
multiplier for Lake County for a proper assessment of property. The motion failed by
the following vote:
Ayes: Gavin, Neuman (2)
Nays: Kelm, Moses, Stoehr (3)
There being no further business, on motion by Trustee Moses and seconded by
Trustee Neuman, the meeting was adjourned at 12:130 a.m.
APPROVED
PresiAmt
ATTEST:
Village Clerk