04/19/1976 (2)0
April 19, 1976
The regular meeting of the President and-Board of Trustees was called
to order in the Council Chambers of the Village Hall on Monday, April 19,
1976 at 8 :30 p.m. The clerk called the roll and reported that the following
were
Present: Bernard Forrest, President
D. Jeffrey Blumenthal
Norma Gavin
Cynthia•J. Marty
Edwin B. Seidman
Daniel H. Stiehr
Vernon E. Swanson
Absent: None
and that a quorum was present and in attendance at the meeting. Also present
were Messrs. James Stucko, representing the- Village allorney, and Norris
Stilphen, manager.
Trustee Seidman moved, seconded by Trustee Blumenthal, that the minutes
of the regular meeting held April 5, 1976 be approved as submitted. Motion
carried unanimously.
Approve Warrant No. W -76 -4 Trustee Stiehr moved, seconded by Trustee
Gavin, that Warrant No. W -76 -4 - Payment
of bills, including fund transfers and reimbursements, be approved. Adopted
by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
Treasurer's Report The treasurer's report was received dated
March 31, 1976 and included cash and
investment statements, detail expenditures by activity, revenue and expense
statement, highlight control report, and cash flow statements.
After a brief discussion, Trustee Stiehr moved, seconded by Trustee
Blumenthal, that the treasurer's report be accepted.
Motion carried unanimously.
Public Hearing-Certificate- A public hearing was held on the applica-
Public Convenience & tion of Miss Adrienne Size for a certifi-
Necessity (Adrienne Size) cate of public convenience and necessity
for a livery license to allow her to
transport patients to and from Whitehall North Nursing Home only.
In response to Board members' questions, Miss Size stated she lives in
Northbrook, has insurance coverage, marking of her car is not required, she is
19 years of age and has a Class A driver's license which is all that is re-
quired for a livery license. Mr. Stucko stated the license could be limited
to clientele of Whitehall North and he was quite sure the age for taxicab and
livery service licenses has been amended to 18 years. Trustee Stiehr stated
the amount of liability insurance was not adequate for the transport of patients
and he felt coverage should be increased to $100,000 and $300,000.
Trustee Seidman moved, seconded by Trustee Marty, that a certificate of
public convenience and necessity be issued to Miss Adrienne Size, limited to
the transport of patients of Whitehall North, subject to verification of the
minimum age for livery service licenses and compliance with the State require-
ment for liability insurance.
Motion carried unanimously.
Public Hearing on Budget
Budget Approved
required by law.
The President stated that,
services have been provided except
operations.
A public hearing was held on the Budget
for the year 1976 -77, a copy having been
made- available for public inspection as
in an effort to hold down the Budget, no new
for program expansion in the Police and youth
0
Mr. Joseph Kaymen, Hemlock Street, stated he did not think a serious effort was
made to hold down the Budget and salaries. He questioned the cost of the Police
Department, approximately $50 per capita. President Forrest said it was necessary to
raise salaries in order to remain competitive with nearby municipalities. The Village's
salary level is in the top 25 per cent. The manager stated that security for name files,
which is mandated by the State, has increased the cost of Police Department operations.
The President read his Budget message, and stated a 5.1 percent adjustment in
salaries was included.
Trustee Stiehr moved, seconded by Trustee Swanson, that the Budget be approved.
Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
The staff was commended by Trustee Stiehr and President Forrest for the excellent
job in the preparation of the Budget.
The President read the Proclamation designating the week of April 19 to be
Deerfield High School Concert Band Week to honor its 'First Division Rating in the
Illinois State Band Contest and its participation on the Disneyword Parade on April 14.
CO Mr. Alfred Spriester, band instructor, thanked the Board for the Proclamation in behalf
of the band members.
I
Consent Agenda The Consent Agenda was presented for consideration
as follows:
Approval of final plat - Chesterfield's Resubdivision of Lots 1 and 2, Broms Subdivision.
Ordinance providing for variations in connection with improvements to Phil Johnson's
restaurant.
Ordinance providing for approval of two lot resubdivision Planned Development, Mathisen
property, 100 Fairview.
Proclamation - Ring the Bells on July 4th.
Resolution - Bicentennial Quilts.
Proclamation - Deerfield High School Concert Band Week.
Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to
permit action on the ordinance approving the Planned Development of the Mathisen
property at its first presentation. Motion carried unanimously.
Trustee Seidman's motion and second by Trustee Swanson for approval were with -
drawn,when Trustee Stiehr Stiehr stated that ordinances which require waiver of rules
should not be on the .Consent Agenda. Decision was made to take up each item separately.
Approve Final Plat- Trustee Marty moved, seconded by Trustee Stiehr,
Chesterfield Resub. that the final plat of Chesterfield's Resubdivision
Lots 1,& 2, Broms Sub. be approved and execution thereof authorized.
Motion carried unanimously.
Ordinance- Setback & Parking The ordinance was presented granting variations
Variations - 49 Waukegan -Rd, from the provisions of the zoning ordinance to
(Phil Johnson Restaurant) permit the structural alteration of the existing
(0- 76 -19) non - conforming building resulting in setbacks of
2.93 feet and 47.50 feet, and the redevelopment
of the existing parking lot to permit parking spaces within 2, 5 and 10 feet from the
property line, both in lieu of the required 50 foot setback, at 49 Waukegan Road, as
petitioned for by Phil Johnson, Inc.
Trustee Stiehr moved, seconded by Trustee Marty, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Stiehr then moved, seconded by Trustee Marty, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman-, Stiehr, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
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Ordinance Approving P.D. The ordinance was presented approving the
Lot 55, Hovland Sub. two -lot Planned Development of Lot 55, Hov-
100 Fairview (Mathisen) land Subdivision, at 100 Vairview, as
(0- 76 -20) requested by Mr. Olav Mathisen.
The rules having been waived to permit action on the ordinance at its first
presentation, Trustee Seidman moved, seconded by Trustee Marty, that the ordinance
be passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Approve Final Plat
Mathisen's Resub.
thereof be authorized.
Motion carried unanimously.
Trustee Seidman moved, seconded by Trustee
Marty, that the final plat of Mathisen's
Resubdivision be approved and execution
Proclamation -Ring the Bells Trustee Swaneon moved, seconded by Trustee
Marty, that the Proclamation: be approved to
ring "-the bells on July 4th for two minutes at 1 p.m., to commemorate the Bi-
centennial.
Motion carried unanimously.
Resolution - Bicentennial Quilts Trustee Seidman moved, seconded by Trustee
Gavin, that the Resolution be adopted
directing that the Bicentennial Quilts be hung in the Board Room and appreciation
be conveyed to the Deerfield Area Historical Society for the quilts.
Motion carried unanimously.
Proclamation Deerfield H.S.
Concert Band Week 4 -19
High School Concert Band Week.
Motion carried unanimously.
P.C. Report -Spec. Use
Commuter Parking Lots
Authorize Ordinance
Trustee Marty moved, seconded by Trustee
Seidman, that the Proclamation be approved
designating the week of April 19 as Deerfield
A report from the Plan Commission recom-
mended that a Special Use be approved for
commuter parking lots on premises commonly
known as 807 Park and 859 Deerfield Road.
Mr. Frank Spannraft, Chestnut Street, stated he and his neighbors had no
objection to the public parking lot south of Deerfield Road as long as there was
compliance with certain conditions he had brought up at the public hearing. He
said a solid fence 7 feet high of a stockade or palisade type should be erected,
parking stops should be installed so the fence cannot be knocked down, and
some type of shrubbery should be planted along the fence,'and'suggested ever-
greens. Parking spaces should be stripbd•to avoid haphazard parking of cars.
He suggested that cars enter the parking lot from Deerfield Road and exit onto
Elm Street, and parking be prohibited on Chestnut Street. He said the fence
should not be erected before the parking lot is put in.
Trustee Seidman moved, seconded by Trustee Marty, that the Plan Commission's
report be approved and the attorney be directed to prepare the ordinance granting
the Special Use.
Motion carried unanimously.
Approve Barton - Aschman The Plan Commission recommended that Barton -
Planning Consultants Aschman Associates.,. Inc., be retained as
Planning Consultants.
Discussion was had on the Plan Commission's recommendation. Trustee
Seidman stated there had been some problems with Barton - Aschman, and he hoped
there would be no conflict of interests. Trustee Stiehr stated the Plan Com-
mission must work closely with the Consultant and determine which projects should
be undertaken or costs could run into many thousands of dollars per year.
Trustee Seidman suggested the phrase "not to exceed" as a means of controlling
w
expenditures for consulting services. The President said some reports from Barton -
Aschman did not seem in the best interests of the Village, but the Plan Commission
could make the decision.
Trustee Marty moved, seconded by Trustee Gavin, that Barton - Aschman Associates,
Inc. be retained as Planning Consultants. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Stiehr, Swanson (5)
Nays: Seidman (1)
President Forrest stated Barton- Aschman should look at only the part of the
brickyard property that is not owned by the Village.
Atty. Report - Amusement Discussion was had on Mr. Stucko's report on an
Tax - No Action amusement tax which gave examples of taxes that
may be imposed by the Village as a Home Rule Unit.
Schools and churches may be excluded from payment of an amusement tax. Trustee'
Blumenthal stated the amount raised by an amusement tax would probably not increase
revenues by a substantial amount, and suggested the property tax be increased in lieu
of the tax if additional revenue is deemed necessary.
W Decision was made that no action be taken on an amusement tax.
CO
Atty. to Prepare Agreement The manager reported that Milburn Brothers, Inc.
Milburn Bras. Temp. Plant wished to use a site approximately 200 feet by
300 feet for the temporary concrete batch plant
west of the drainage ditch on the former brickyard property now owned by the Village.
The plant would be located near Pfingsten Road to avoid the use of Lake -Cook Road as
much as possible.
A representative of Milburn Brothers stated the plant is dust -free and approved
by the EPA, and the road used by trucks, approximately 100 feet back from Lake -Cook
Road, will be treated with calcium chloride and sprinkled to keep dust to a minimum.
The job will start in July with completion roughly within three months.
In addition to a rental fee and posting a bond to insure restoration of the site,
Mr. Stucko suggested that an agreement with Milburn Brothers should include a time
limit, a "hold harmless" clause for the protection of the Village, the right of in-
spection of the premises, and a disclaimer of responsibility on the part of the Village
for vandalism, destruction or loss of their property during the time of occupancy of
the Village -owned premises.
Trustee Gavin moved, seconded by Trustee Swanson, that the attorney be authorized
to prepare the agreement with Milburn Brothers, Inc., including the items heretofore
stipulated, for review by the Board.
Motion carried, Trustee Blumenthal voting Nay.
Re: Bannockburn Animal In connection with proposed changes in the Animal
Warden Agreement Warden Service Agreement with the Village of
Bannockburn, Mr. Stucko stated that if the
Animal Warden is called by the Village of Bannockburn, he becomes in effect an employee
or agent of Bannoekburn,and therefore, the "hold harmless" clause should be reversed.
In addition, one or more persons should be designated by Bannockburn to call for the
release of an animal from the pound.
The President asked Mr. Stucko to respond regarding the proposed changes.
Accept Bid Schroeder & Schroeder Trustee Marty moved, seconded by Trustee Seidman,
50/50 Safety Sidewalk Program that the low bid of $1.63 per square foot submitted
by Schroeder & Schroeder for the 50/50 Safety
Sidewalk Replacement Program be accepted., as recommended by the Village engineer.
Adopted by the following vote:
Ayes': Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson
Nays: None (0) (6)
Accept Bid -H.P. Pontiac Trustee Seidman moved, seconded by Trustee
2 Astros - $4695.80 Blumenthal, that the bid of $4,695.80, without
air conditioning, submitted by Highland Park
Pontiac for 2 Astros be accepted. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
•
Touche Ross & Co. Proposal Trustee Marty moved, seconded by Trustee
Audit Accepted Blumenthal, that the proposal of Touche
Ross & Co. for audit of the financial
records of the Village for the year 1975 -76 be accepted at a cost not to exceed
$8,000. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
Ordinance - Budget Amend. The ordinance was presented revising and
Add $13500 To Street Fund supplementing the 1975 -76 Budget by the
Bicentennial Trees addition of $13,500 to street fund expend -
(0-76-21) itures for Bicentennial trees.
Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Seidman moved, seconded by Trustee Marty, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance - Budget Amend. The ordinance was presented revising and
Add $4305.66 Library supplementing the 1975 -76 Budget by the
Expansion addition of $4,305.66 to -the Library Fund
(0- 76 -22) for completion of expansion.
Trustee Seidman moved, seconded by Trustee Stiehr, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Seidman moved, seconded by Trustee Marty, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
Ordinance - 1976 -77 Budget The ordinance was presented approving and
(0- 76 723) adopting the annual budget for the fiscal
year May 1, 1976 to April 30, 1977.
Trustee Marty moved, seconded by Trustee Seidman, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Marty moved, seconded by Trustee Stiehr, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal,'Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance - Manager's The ordinance was presented establishing
Salary - $33000 the annual compensation for 1976 -77 of
(0- 76 -24) the Village manager at $33,000.
Trustee Seidman moved, seconded by Trustee Blumenthal that the rules be
waived to permit action on the ordinance at its first presentation. Motion
carried unanimously.
Trustee Seidman moved, seconded by Trustee Marty, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
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Ordinance - Salaries 1976 -77 The ordinance was presented amending the wage
(0- 76 -25) and salary plan and establishing the compensation
of officers and employees for the fiscal year
1976 -77.
Trustee Marty moved, seconded by Trustee Seidman, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Stiehr moved, seconded by Trustee Gavin, that the salary of fully
qualified employees be.increased 5.1 per cent except for those covered by a contractual
arrangement. Motion carried unanimously.
Trustee Gavin moved, seconded by Trustee Marty, that Section Four of the
ordinance be deleted in its entirety -and succeeding sections be re- numbered. Motion
carried unanimously.
Trustee Marty moved, seconded by Trustee Stiehr, that the ordinance be passed
as amended. Adopted by the following vote:
Ayes: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6)
rn Nays: None (0)
CD The President signed the ordinance indicating his approval thereof.
Clerk's Reports The clerk reported that a notice of public hearing
had been received from the Zoning Board of
Appeals of Cook County on a petition for a side yard variation for a room addition
Q on Lot 19, Block 8, Glenbrook Countryside Subdivision. The hearing will be held May 5,
1976 at 2 :30 p.m.
The Lake County Planning Department has requested a topographic survey 6f'the
Hamilton Subdivision approved by the Board on Deceipber 1, 1975. She will discuss
this request with the Planning Department, as well as other changes-in procedures for
approval of plats of subdivision by the Department.
Reports The President stated that the attorney had asked
for guidance in the preparation of a liquor license
ordinance for the Village. Questions include how to treat the occasional licensee who
wants to hold a function, the one -day license, the definition of wine tasting, and
the issuance of licenses to clubs. Mr. Stucko stated there will be a separate fee
section.
Trustee Seidman suggested the Safety Council look into banning left turns
from the Deerfield State Bank driveway. It was pointed out that a police officer is
stationed there on Saturday mornings. He also suggested that no left turns be permitted
onto Park Avenue from Deerfield Road.
Approve Expenditure $2262.50 The manager reported that a bid of $460 per manhole
Indiana Gunite had been received for guniting manholes. However,
Indiana Gunite has been working in this area
and will do the work on a rental basis for a total of $2,262.50.
Trustee Marty moved, seconded by Trustee Seidman, that the Board authorize
the expenditure of $2,262.50 for application of gunite to manholes. Adopted by the
following vote:
Ayes: Blumenthal. Gavin, Marty, Seidman, Stiehr, Swanson (6)
Nays: None (0)
The Municipal Code changes have been made and approved, Mr. Stucko stated, and
the maximum cost of changes and the supplement will be in the $1,500 to $1,600 range.
All ordinances passed since the Code was printed have been sent to NIMLO and will be
included in the supplement.
There being no further business, on motion by Trustee Seidman and seconded by
Trustee Stiehr, the meeting was adjourned at 10 :55 p.m.
APPROVED
Presid t
ATTEST:
Village Clerk