07/01/1974M
July 1, 1974
The regular meeting of the President and Board of Trustees of the Village
of Deerfield was called to order by the Village President in the Council Chambers
of the Village Hall on Monday, July 1, 1974 at 8:05 p.m. The clerk called the
roll and reported that the following were
Present: Bernard Forrest, President
Frederic R.'Finne
Norma Gavin
George Kelm
Lester T. Moate
Walter H. Moses, Jr.
Daniel H. Stiehr
Absent: None
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,
m anager. '
Trustee Stiehr moved, seconded by Trustee Moate, that the minutes of the
regular meeting held June 17, 1974 be approved. Motion carried, Trustee Moses
a bstaining.
BBA Report4 eerfield A report from the Building Board of Appeals
Crossing Parking Garage; recommended that the proposed parking garage
Approve Recommendation at the Deerfield Crossing apartment complex
on Elm Street be deemed a one -story structure
and therefore, no sprinkler system is required, and that three fire access
openings be required. The developer will submit new plans in accordance with
the Board of Building Appeals' recommendation.
Trustee Moses moved, seconded by Trustee Gavin, that the Board accept the
recommendation of the Board of Building Appeals.
Motion carried unanimously.
BBA Report Re: Porch Pier A report from the Building Board of Appeals
Dep.th1',•1680 Deerfield Rd. stated an open deck porch was constructed at
Approve Recommendation 1680 Deerfield Road with piers which are
18 inches in depth rather than the 42 inch
depth required by the Building Code. An appeal from the decision of the building
commissioner was filed by the contractor. The Board of Building Appeals recom-
mended that the decision of the building commissioner be upheld and 42 inch piers
be required.
Trustee Stiehr moved, seconded by Trustee Finne, that the Board approve the
recommendation of the Board of Building Appeals, and 42 inch piers be required.
Motion carried unanimously.
P.C..Recommendation Approved A report from the Plan Commission recommended
$75 Public Hearing Fee that a fee of $75.00 be required for all appli-
cations for: l)-Planned Residential Development;
2) Amendment to the Zoning Ordinance; 3) Special Use; 4) Variation from the terms
of the Zoning Ordinance; -and 5) Appeal from a decision of the Zoning Enforcement
Officer involving an interpretation of the Zoning Ordinance, and the Zoning Ordin-
ance be amended in accordance with the recommendation.
Trustee Stiehr moved, seconded by Trustee Moses, that the Plan Commission's
recommendation be approved.
Motion carried unanimously.
Ordinance- Zoning Amendment The ordinance was presented amending-Section
Sec. XXV $75 Fee XXV of the Zoning Ordinance by establishing
(0- 74 -45) a fee of $75.00 for an application for a
variation, or an appeal from a:,dedision of
the Zoning Enforcement Officer, or for an application to amend the Zoning Ordin-
a nce.
Trustee Stiehr moved, seconded by Trustee Moses, that the rules be waived
to permit action on the ordinance at -ids first presentation. Motion carried
u nanimously.
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Trustee Stiehr moved, seconded by Trustee Gavin, that the ordinance be passed
a s presented. Adopted by the following vote:
Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance - Zoning Amendment The ordinance was presented amending Sections
Secs. XXIII,A,2,b, XXII,B,21b1 XXIII,A,2,b, XXIII,B,2,b and VI,B(E) of the Zoning
& VI,B(E) $75 Hearing Fee Ordinance by establishing a Public Hearing fee of
(0- 74 -46) $75.00.
Trustee Moses moved, seconded by Trustee Finne, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Stiehr moved, seconded by Trustee Moses, that the ordinance be passed
as presented. Adopted by the following vote:
Ayes: Finne, Gavin, Kelm, Moate, Moses, Stiehr (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance -Mun. Code Amend.
Secs. 15.008 & 15.009
Class E (Wine) License
& $500 License Fee
0- 74 -47)
The ordinance was presented amending Sections
15.008 and 15.009 of the Municipal Code by
establishing one Class E license for the sale
•:at retail of beer and wine in the original package
-and not to be consumed on the premises, and an
annual license fee for Class E licenses.
Trustee Moses moved, seconded by Trustee Finne, that the annual license fee
for a Class E license shall be $500.00. Motion carried, Trustee Kelm abstaining.
Trustee Stiehr moved, seconded-by Trustee Finne, that the ordinance be passed.
Adopted by the following vote:
Ayes: Finne, Gavin,, Moate, Moses, Stiehr (5)
N ays: None (0)
Abstaining: Kelm (1)
The Presi:dent..,signed the ordinance indicating his approval thereof.
Appointments President - Forrest proposed the appointment of
Messrs. Wallace R. Hanson and Roy M. Fay to the
Flood Control Advisory Committee, as recommended by the Manpower Commission.
Trustee Moses moved, seconded by Trustee Stiehr, that the appointments be
approved. Motion carried unanimously.
President Forrest proposed the re= appointment of Mrs. George Marty as Chairman
of the Plan Commission for a one year term.
Trustee Moses moved, seconded by Trustee Kelm, that the appointment be approved.
M otion, carried unanimously.
The President proposed the appointment of Mr. Russell M. Ferris to the Safety C ouncil.
Trustee Moses moved, seconded by Trustee Kelm, that the appointment be approved.
Motion carried unanimously.
President Forrest: .proposed the appointment of Mr. James C. Mitchell to the
Environmental Commission for the term expiring in 1975.
Trustee Moses moved, seconded by Trustee Stiehr, that the appointment be
approved. Motion carried unanimously.
Authorize Ordin4ncei. Mr. Stucko stated the traffic consultant had
30' Driveway Width recommended that the permitted maximum width of
driveways be increased since the 27 foot limitation
is not realistic. If the permitted width is increased, an amendment to the Municipal
Code would be required. He recommended that the Board delegate authority to the
Village engineer or building commissioner to administratively requirements as long as
standards for variations are understood.
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Discussion was had on whether the Board can legally delegate authority
to grant variations to an employee. Mr. Stucko stated he thought an amendment
could be drafted which would be legal because the situation is unique and in-
volves public safety. The Village engineer stated the Village ordinance is in con-
flict with the State Highway Department regulations, and suggested that the
Department of Building and Zoning be authorized to grant variations on driveway
width. Trustee Stiehr suggested the regulations for driveways be taken out of the
Municipal Code and put in the Building Code in order that requests for variations
may be heard by the Board of Building Appeals.
Trustee Kelm moved, seconded by Trustee Gavin, that the Village attorney
be directed to prepare an ordinance increasing the maximum driveway width to
3 0 feet.
Trustee-Stehr_stated some provision should be made for a review of varia-
tions in driveway width, and moved that the motion be amended by adding that the
ordinance to be prepared put.var.iations in driveway width under the Board of Building
Appeals or some other advisory body. Seconded by Trustee Moses. The motion failed
by the following vote:
Ayes: Stiehr (1)
Nays: Finne, Gavin, Kelm, Moate, Moses (5)
The motion directing preparation of the ordinance carried unanimously.
Trustee Finne suggested that the ordinance include a provision that the Board
of Trustees may grant variations in.dirveway,width,� but every effort should be made
to stay with the 30 feet. Mr. Stucko stated he would-add a provision that. the.
owner may apply or the Village may require a variation in driveway width, to be
approved by the Board of Trustees.
The traffic, consultant will be asked for his comments, and the ordinance
will be on the agenda for the next meeting.
Re: Pedestrian Crossing.. In connection with the proposed school crossing
Lights -N. Waukegan Rd. light installation on North Waukegan Road. the
Village engineer stated that the hardware was
available for a self- actuating timer during peak traffic hours in the morning and
afternoon, but it was unlikely the State would approve this installation. The
State may also question whether warrants are met for a school crossing light
which is intended for grade school children, not High school students. He is
awaiting a replyy: from the State.
Trustee Finne stated the State requirements for pedestrian lights was a
policy decision, and policies could be changed. He stated he would serve on a
committee to pursue this matter further. President Forrest proposed the Board
wait for a report from the State before taking any action.
Re: Sr. Citizens Day Mrs. Helen Amendola, a member of the Special
Request Proclamation & Assignments.Committee of the County Board,
Transportation Aug. 28 stated a resolution has been adopted by the
Board of Commissioners of the Lake County
Forest Preserve District designating the last Wednesday in August each year as
Senior Citizens Recognition Day. The County Board Chairman has signed'a Proclama-
tion recognizing August 28, 1974 as such a day, and Governor Walker has been asked
to do so for the State.. On behalf of the Forest Preserve District, she asked for
the Board's cooperation by approving a Proclamation and assisting in arrangements
for transportation to the Lakewood Forest Preserve on August 28th, where Senior
Citizens will be honored.
President Forrest pointed out the Village has no transportation. Mrs.
A mendola suggested that school buses be used with insurance coverage by the attach -
m ent of a rider.
The President stated a Proclamation or Resolution would be prepared for the
next Board meeting, and insurance coverage would-be investigated.
Discussion Federal EPA
Standards - Investigate
Law Suit Re: Regulations
President Forrest reported that a letter had
been received from the Illinois Environmental
Protection Agency advising'that a recommendation
had been made to the U.S. Environmental Pro-
tection Agency that review of the sewage treatment works construction grant appli-
cation be set aside because unresolved issues exist regarding the degree of treat -
�nent required for extraneous flows. He stated Permits for the construction had
been received from the State.
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Dr. H. S. Sundin of Baxter & Woodman stated basically the problem was one of
treatment of excess flows. He had attempted to get confirmation in writing that
there would be no divergence in State and Federal regulations, but no confirmation
was forthcoming. The Illinois EPA regulations have required complete treatment for
up to 2 -1/2 times dry weather flows, and primary treatment and disinfection for
a dditdonal flows. The design submitted with the application for a grant is for a
plant capable of treating 7 -1/2 million gallons per day and has a capability for
primary treatment for an additional 9 -1/2 gallons per day. The Federal EPA regulations
will require complete treatment for•17 million gallons per day. The cost of a plant
for treatment of all flows would be exhorbitant, there is no room at the plant site
for expansion, and there would.be.serious difficulty in getting a plant of this size
to operate efficiently at two to three million gallons per day. It was his opinion
the Federal regulations were overly restrictive, but he felt it was doubtful they
would be changed. He has been informed that only Illinois has expressed opposition
to the Federal regulations.
Discussion was.had on what action should be taken by the Board. Df. Sundin
stated the Village could "stand pat" on the present design and grant application,
although he suspected the Federal definition would stand and the Village is under
pressure from the State to meet EPA standards. With respect to meeting Federal
standards, there are two alternatives: 1) build a larger plant; or 2) make a detailed
study of the sewer system to find and correct sources of storm water.infiltration.
He stated it was possible that'a permit for a 17 million gallon per day plant would
not be approved and a detailed survey of the sewer system to eliminate major sources
of storm water infiltration may be required. The estimated cost of the survey is
$150,000 and would take about a year. The rehabilitation of sewers would be eligible
for a 75 per cent Federal grant, but would not pay for corrections on private property.
He expressed concern about the year's delay and whether bond funds would be sufficient.
President Forrest suggested that political avenues be explored before any action
is taken. Trustee Kelm suggested the Board not act and await state enforcement and
sue if necessary. Trustee Stiehr reiterated his previous suggestion that the Village
file suit against the Federal and /or State EPA.
Trustee Moses moved, seconded by Trustee Gavin, that the Board get an opinion
from the attorney on possible legal recourse, and check with other communities on
action they may take.
Motion carried unanimously..
The meeting was recessed at 9:45 p.m. and re- convened at 9:55 p.m., all members
p resent.
Authorize Ordinance A letter from -the Village attorney recommended
Adopting Fire Code that consideration be given to adopting a Fire
Code which incorporates the present Deerfield-
Bannockburn Fire Protection regulations. A copy of the Appellate Court's decision
on which the recommendation was based was attached.
Trustee Stiehr moved, seconded by Trustee Moses, that an °,ordinance be prepared
incorporating therein the Fire District's regulations.
Motion carried unanimously.
Mr. Rolf Jensen, a member of the Board of Building Appeals, stated the Code
should be reviewed by the Building Board, and he will call a meeting before the
next Board of Trustees meeting.
Approve Civil Preparedness Col. F. A. Werner, Director of Civil Preparedness
Plan-Basement Vault for EOC for the Village, gave a detailed explanation of
the program which replaces the former Civil
Defense plan.. The plan, which has been filed, establishes: procedures and appoints
personnel to take care of emergencies and disasters, such as tornadoes, chemical and
transportation accidents, air and water pollution, fires, floods or earthquakes.
Col.Werner stated an Emergency Operating Center is essential, and suggested
the basement, vault be used.for this purpose. Several unlisted telephones should
be provided for use in emergencies, but these phones can also be used for day -to -day
activities.' With the equipment and communications the Village has, it will take
little to accomplish what needs to be done. $2,450 will be sufficient to establish
the Emergency Operating Center, remote radio communications and the unlisted telephones.
If these plans are approved, other things can be obtained without charge, mostly
from the Federal government, for -the Fire Department and the Village.
Trustee Moses moved, seconded by Trustee Moate, that the Civil Preparedness
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Plan be approved as written, and the use.of the-basement vault for an Emergency
Operating Center be authorized.
Motion carried unanimously.
The manager stated that part of the furnace room could be partitioned
off for the records now stored in the vault. He stated that all persons who
have been assigned responsibilities have been contacted and agreed to serve.
Abandon Pedestrian-Tunnel° Discussion was had on the proposed pedes-
_Under R.R. Tracks train tunnel under the railroad tracks and
itwas felt a tunnel would not be used.
A bell and signal to warn pedestrians of approaching trains was suggested and
Trustee Moses felt this matter should be explored.
Trustee Moses moved, seconded by Trustee Kelm, that the North Suburban Mass
Transit District and the Milwaukee Road be notified to abandon attempts to put
a tunnel under the railroad tracks.
Motion carried unanimously.
Refer Architect Selection
R.R. Station Renovation to
Engineering Selection Com.
Mr. R. E. Shelgren, Deerfield Trustee of
the Transit District, stated Deerfield will
be allowed to select the architect for reno-
vation of the railroad station. Proposals
must be obtained from three candidates, and selection must be justified on the
basis of previously determined criteria under.UMTA guidelines.
Trustee Kelm moved, seconded by Trustee Moate,: that"the- ,selectioi% 6f an
architect be referred to the Engineering Selection Committee.
Motion carried unanimously.
Trustee Moses stated that quotes on insurance for the railroad station will
be needed within the next 60 days.
Refer Question.of Bldg. Ban A.letter:was received from owners of
_1163 Holly to Bldg. &.Planning property on Woodward Avenue objecting to
any building.on the lots bordered by Holly
Lane, Woodward' Avenue, Deerfield Road and the west drainage ditch because of
drainage problems in the area.
The Village engineer stated the floodway elevation was 658 feet at this
location, and the Soil and Water Conservation Department will confirm this in
w riting.
Trustee Moses moved, seconded by Trustee Moate, that the matter be referred
to the Building and Planning Department to check for compliance with the provisions
of the Flood Plain and Floodway ordinances.
Motion carried unanimously.
Mr. Clifford Johnson stated he has owned and paid taxes on the subject lots
for years, and only one house would be built on the two lots. The surveyor plat
shows elevation of 658 to 756 feet, the same elevation as the rear of Woodward
Avenue lots. Mr. James Schramm stated Woodward Avenue lots pitch toward the
rear and there is standing water at times. Mr.' Schramm will be notified when the
matter is on the agenda.
Atty. to Check Residency The owner of the Italian Kitchen restaurant
Requirements for Liquor License requested a Class A license for the sale of
beer.
Trustee Moses moved, seconded by Trustee Gavin, that an ordinance be prepared
increasing the number of Class A (beer) licenses by one.
Discussion was had on residency requirements for the licensee or his manager.
The owner stated he was not a resident of Deerfield. The motion and second were
withdrawn, and the attorney was asked to check on statutory requirements for a
1 icquor license.
1st Presentation - Annexation The first presentation was made of the ordin-
& Zoning Sp. Use Ordinances ance annexing the former Strub farm and the
Strub Property ordinance amending the Zoning Map by zoning
and classifying the property in the B- Business
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District and authorizing a Special Use- Planned Development - Office Complex.
Discussion -Legal Fee A billing summary was received for legal services
Homart Suit in connection with the Hoart suit. The bill
totals $14,553.40, the Village to pay $3,000.
Trustee Moses stated he was not prepared to approve payment until-an itemized bill
is received showing what was done for Deerfield. President Forrest stated he was
surprised at the amount of the bill. Decision was made that Mr. Stucko ask Mr. Houpt
a nd.the City of Highland Park what commitment was made regarding payment of legal fees.
Authorize Purchase 2 The Village engineer recommended the purchase of
Composite Samplers from two composite samplers for the sewage treatment
Bond Funds plant, and that sampling be continued. The cost
would be $3,000. The manager stated this ex-
penditure was not included in the Budget, but the money could be taken from Bond funds.
Trustee Stiehr moved, seconded by Trustee Moate, that the installation of two
composite samplers be authorized with payment from bond funds.
Motion carried unanimously.
Request Extension - Blietz President Forrest explained that at the time the
Note-Carriage Way Bridge Kings Cove Subdivision was approved, the Blietz
organization had given a note for $20,000 for
the construction of the proposed Carriage Way Bridge. The Note will expire March 22,
1976 unless construction is,started before that date.
A, report :f.r- om,.ithe,.Village engineer on his inquiry to the Lake County Highway
Department regarding spec ficatiohs "arid -,participation;,in _constructiom._stated the ,project
would have a very low priority, and if the County assisted, funds would not be
available for from 3 to 5 years. He stated the bridge would now cost about $100,000.
Trustee Kelm suggested that the President ask,Mr.:Blietz to extend the commitment
for an additional period , and suggested a 5 year extension. The President will
report to the Board after discussion with Mr. Blietz.
Approve Procedures A proposed policy for the s6lection of engineering
Eng. Selection Committee or architectural consultants by the Selection
Advisory Committee was presented. Several memebrs
stated they felt the estimated cost of $500,000 was too high. The President suggested
and the Board approved an estimated cost of $100,000.
Trustee Moses moved, seconded by Trustee Kelm, that the Policy and Procedures
recommended by the committee be approved.
Motion carried unanimously,
Approve Grant Application Youth Worker To; Creighton requested approval
G ommunity Based Diversion of the application for a Community Based Diversion
Program Program grant to provide funds for youth projects.
Mr. Creighton submitted material outlining the
program with a detailed breakdown.of.expenses. The cost of the program is $53,833
of which the Village's share will be $2,691. The grant is renewable for an additional
2 years; the second year the Village's share would be 20 per cent and the third year
the cost would be shared 50/50.
Chief of Police Whitton stated the request was for authorization to apply for
the grant, which could be.accepted or rejected by the Board. Trustee Kelm expressed
concern that the grants for7$dditional two.years might not be forthcoming and the
Board might be committed to continue.the program. Mr. Creighton stated community
support would-be obtainable if the program is received as enthusiastically as he
expects. He stated the program.is covered under a $1 million policy, and the partici-
pants and leaders pay the fee.
Trustee Kelm moved, seconded by.Trustee Moses, that the Board approve the
application for a grant from the.Illinois Law Enforcement Commission for a Community
Based Diversion Program with a request for consideration of a second and third year
commitment, and that proof of insurance coverage, naming the Village, be furnished.
Motion carried unanimously.
Approve Grant Application. Chief of Police Warren Whitton requested authoriza - _J
Planning & Research Unit tion to submit an application for a Planning and
Research Grant. The total cost of the project
is $31,450 and the Village's share is $1573. The grant would be for one year only.
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He stated that if the grant is.approved., the Board would have the opportunity
to accept -or reject-it.
Trustee Moses moved-.'seconded by Trustee Finne, that the Board authorize
the application for a Planning and Research Unit grant.
Motion carried unanimously.
Reports The clerk reported that the Lake County
Tax.Extension Department had stated the
assessed valuation.and tax.extension.amounts would be available shortly. The
Cook County_Department..will.be delayed because the legislature has not estab-
lished the multiplier,.and until this has been done, no information will be
available. , '
The manager reported_he.had.written to the State asking that signs be
posted in connection with the ban on.trucks. The Village of Riverwoods has
also passed the ordinance banning trucks.
A brief discussion was had on the cleaning of the east drainage ditch
and the cutting of trees. The.manager.stated.the group opposing the project
plan to file a suit to stop the work.
There being no further business, on motion by Trustee Moses and seconded
by Trustee Finne, the meeting was adjourned at 12:20 a.m.
ATTEST:
Village Clerk
APPROVED:
President--
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