04/20/1970 (2)WO —1
April 20, 1970
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, April 20, 1970 at 8:25 p.m. The clerk called the roll and reported
that the following were
Present: Bernard Forrest, President
Charles R. Bootz
George P. Schleicher
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: George Kelm
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 Schleicher moved, seconded by Trustee Bootz, that the minutes of the
regular meeting held April 6, 1970 be approved as submitted. Motion carried unanimously.
Motion carried unanimously.
P.C. Report- Library A report from the Plan Commission recommended
Conditional Use that a conditional use be granted to permit the
Atty. Prepare Ordinance construction of a library on premises known as
902 through 918 Waukegan Road.
Trustee Slavin moved, seconded by Trustee Schleicher, that the Plan Commission's
recommendation be accepted and the Village attorney be directed to prepare an ordinance
granting said conditional use.
Motion carried unanimously.
Ordinance -Mun. 0ode Amend. The ordinance was presented amending Artiele VII of
Chap. 17, Article VII Scavengers Chapter 17 of the Municipal Code pertaining to the
(0- 70 -13) licensing of scavengers. Trustee Slavin suggested
that consideration be given to including a pro-
vision of a model scavenger ordinance prepared by the Trade Adsociation of Scavengers
which would require a scavenger to deposit a certain sum in a deposit fund to serve as
a guarantee that the service will be performed; in the event of a failure to meet his
schedule, the Village would perform the serviceand the charge paid from the deposit
fund. Discussion was had on the provision, the manager pointing out that the Village
did not have proper equipment to provide this service. Several members stated that
they felt the penalty clause and the provision for revocation of license was sufficient
to insure satisfactory service.
Trustee Bootz moved, seconded by Trustee Schleicher, that the ordinance be
adopted as presented. Adopted by the following vote:
Ayes: Bootz, Schleicher, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance -Mun. Code Amend.
Chap. 18, Art. II Garbage & Refuse
(0- 70 -14)
Trustee Bootz moved, seconded by Trustee Schleicher,
that the ordinance be adopted amending Article II
of Chapter 18 of the Municipal Code pertaining to
garbage and refuse. Adopted by the following vote:
Ayes: Bootz, Schleicher, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Approve Warrant No. W -70 -4
Trustee Slavin moved, seconded by Trustee Schleicher,
T,
that Warrant No. W -70 -4 - payment of bills,, in-
61
cluding
fund
transfers and reimbursements, be approved. Adopted by the following vote:
d"
Ayes:
Bootz,
Schleicher, Slavin,
Turner (4)
Nays:
None
(0)
Accept
Annual
Report
The annual report of the Board of Police Commissioner:
Bd. of
Police
Commissioners
was read. Trustee Slavin moved, seconded by Trustee
Bootz, that the report be accepted.
Motion carried unanimously.
P.C. Report- Library A report from the Plan Commission recommended
Conditional Use that a conditional use be granted to permit the
Atty. Prepare Ordinance construction of a library on premises known as
902 through 918 Waukegan Road.
Trustee Slavin moved, seconded by Trustee Schleicher, that the Plan Commission's
recommendation be accepted and the Village attorney be directed to prepare an ordinance
granting said conditional use.
Motion carried unanimously.
Ordinance -Mun. 0ode Amend. The ordinance was presented amending Artiele VII of
Chap. 17, Article VII Scavengers Chapter 17 of the Municipal Code pertaining to the
(0- 70 -13) licensing of scavengers. Trustee Slavin suggested
that consideration be given to including a pro-
vision of a model scavenger ordinance prepared by the Trade Adsociation of Scavengers
which would require a scavenger to deposit a certain sum in a deposit fund to serve as
a guarantee that the service will be performed; in the event of a failure to meet his
schedule, the Village would perform the serviceand the charge paid from the deposit
fund. Discussion was had on the provision, the manager pointing out that the Village
did not have proper equipment to provide this service. Several members stated that
they felt the penalty clause and the provision for revocation of license was sufficient
to insure satisfactory service.
Trustee Bootz moved, seconded by Trustee Schleicher, that the ordinance be
adopted as presented. Adopted by the following vote:
Ayes: Bootz, Schleicher, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance -Mun. Code Amend.
Chap. 18, Art. II Garbage & Refuse
(0- 70 -14)
Trustee Bootz moved, seconded by Trustee Schleicher,
that the ordinance be adopted amending Article II
of Chapter 18 of the Municipal Code pertaining to
garbage and refuse. Adopted by the following vote:
Ayes: Bootz, Schleicher, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
*24"
Refer Sara Lee Noise & Odor In connection with complaints on odors
Complaint to Attorney from the Sara Lee sewage pre- treatment
plant, the manager reported that Mr.
Emmet Fredbeck from the Lake County Health Department and Superintendent of Public
Works Klasinski had investigated the area, and while they had detected a faint odor,
they were unable to determine its source. Mrs. Laura Lee Christoph, Evergreen
Court, stated that burnt cookie odors which she assumed was a.masking agent,
were noticeable in her own yard.
Mr. Louis Bodo, 641 Central Avenue, stated that he did not understand why
the Village could not determine that noisome odors originate at the Sara Lee plant
from time to time, a fact which is obvious to residents of the area. He questioned
the ability of personnel from the Lake County Health Department to verify the
source of odors on occasional visits. He also stated that the company,•has done
nothing to implement Trustee Bootz' excellent suggestion that a gate be installed
to keep trucks from the loading area at the north end of the property at night,
and the noise from diesel trucks continues to disturb the sleep of residents.
Trustee Slavin moved, seconded by Trustee Turner, that the Village attorney
be requested to advise the Board what action can be taken to abate these nuisances.
Motion carried unanimously.
Re: Library Access Road
The manager reported that he had met with
Mr. Francis Carr, owner of the apartment
property at the southwest corner
of Hazel Avenue and Waukegan Road, to discuss
acquisition of land for the
access road to the new library building. Mr. Carr has
asked for additional time to
review the proposed plan and submit any suggestions.
Ordinance -Mun. Code Amend.
Trustee Bootz moved, seconded by Trustee
Sec. 28.034 Inoperable Motor
Slavin, that the ordinance be adopted
Vehicles
amending Chapter 28 of the Municipal Code
(0- 70 -15)
by adding a new section 28.034 pertaining
to inoperable motor vehicles, providing
for removal of such vehicles
by the Police Department, and establishing penalties
for violations. Adopted by
the following vote:
Ayes: Bootz, Schleicher, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Accept Paul Box Associates A proposal was received from De Leuw,
Proposal - $6800 - Comprehensive Cather & Company for a comprehensive
Traffic Survey traffic survey in an amount not to exceed
$20,000, all work to be performed by
employees of the company. The proposal submitted by Paul C. Box Associates in the
amount of $6,800 provides for the use of off -duty Village employees who will be
paid by the company. The manager stated both proposals will meet the requirements
of the Bureau of Public Roads, and one -Ealf the cost will be paid from Highway
Safety Funds, the other half from the Village's Motor Fuel Tax Fund allotment.
Trustee Bootz moved, seconded by Trustee Slavin, that the President be
authorized to accept the proposal of Paul C. Box Associates in the amount of $6,800
for the comprehensive traffic survey. Adopted by the following vote:
Ayes: Bootz, Schleiehext, Slavin, Turner (4)
Nays: None (0)
Discussion - Proposed Deerbrook A new draft of the proposed Deerbrook Annexa-
Annexation Agreement tion Agreement, which includes revisions
suggested by the Board and Plan Commission
in workshop meetings, was presented for consideration. A Supplemental Agreement
provides for the filing of petitions for disconnection from Cook County School
Districts and the Northbrook Park District, and annexation to Lake County School
Districts No. 109 and No. 113 and the Deerfield Park District. Agreements relative
to building construction were covered in a separate letter from the architect.
Mr. Stephen Malato, attorney for the developer, Mr. Joseph.eValenti, stated
that Montgomery Ward & Company had agreed to turn the tire, battery and accessory
store 90 degrees which would place the gas pumps at the north side of the building,
but would not consent to the re- location of the building at the rear of the tract
as recommended by the Plan Commission. Provisions relative to Phase I, the present
Deerbrook Shopping Center, have been deleted from the Annexation Agreement and will
be covered in a revised covenant.
m
Mr. Malato stated that at the last meeting the Board had approved a contribution
of $20,000 for the cotistruction of the storm sewer, which was approximately one -half
the estimated .cost. The engineer's revised estimate is $74,000 for a storm sewer for
the proposed Deerbrook Addition only, and $91,000 if the sewer is oversized to take
storm water drainage"fromt1he "Werhane and Florence Avenue properties. The revised
agreement provides for a Village contribution of one -half the cost of the storm sewer,
but not to exceed $48,000.
The Village attorney stated that the agreement incorporated matters discussed
at the workshop meeting, but suggested that paragraph a) on page 9 relating to the
outdoor sale of garden supplies and shrubs provide for fencing of such outdoor sales
areas. He pointed out that provisions with respect to parking were contrary to the
Plan Commission's recommendations. Mr. Malato stated the proposed parking conforms
to regulations established for the present Deerbrook Shopping Center.
Acreage fees and recapture fees for connection to the County Line Road sanitary
sewer were discussed. It was agreed that acreage fees amounting to approximately
$9,000 would be waived by the Village. Mr. Valenti agreed to pay recapture fees of
$15,767.10.
The meeting was recessed at 9:45 p.m., and re- convened at 10:05 p.m.
The motion to approve a contribution of $30,000 and waive acreage fees was
adopted by the following vote:
Ayes: B ootz, Schleicher, Slavin (3)
Nays: Turner (1)
-Residents of the Glenbrook Cohntryside Subdivision voiced their objections to
the proposed Shopping Center, the Ward auto service store, the number of driveways,
disconnection of the property from Cook.County School Districts, liquor licenses and
the recreation facilities, and the traffic which would be generated by the Shopping
Center. It was pointed out that only four driveways were proposed on Waukegan Road
for both the present Shopping Center and the addition.
Approve Driveways Exhibit A Trustee Schleicher moved, seconded by Trustee
Deerbrook Addition Bootz, that the Board approve plans for drive-
ways as shown on Exhibit "A ", Deerbrook
Shopping Center Addition.
Motion carried unanimously.
Approve Ward TBA Location Trustee Slavin moved, seconded by Trustee Bootz,
Deerbrook.Addition that the location of the Ward tire, battery
and auto accessory store be approved as shown
on Exhibit "A" of the Deerbrook Annexation Agreement.
Motion carried unanimously.
Objections to the Shopping Center by Glenbrook Countryside residents were
answered by members of the Board. It was pointed out that the property could be developed
under Cook County regulations without annexation to the Village, and it was the duty
of the Board to determine,if beneffts-to the Village, including substantial sales tax
revenues, outweighed any disadvantages. Trustee Slavin moved, seconded by Trustee
Bootz, that debate be limited.
Motion carried unanimously.
Discussion- Liquor•Licenses Discussion was had on the issuance of liquor
licenses.for the Deerbrook Shopping Center
addition and the Phil Johnson Restaurant. Trustee Slavin stated the proposed Annexation
Agreement provided for termination of the sale of alcoholic liquor for consumption on
the presmies at i:00 a.m., and for package liquor stores at 11:00 p.m.., and moved that
closing hours for "pauring licenses" be established at 1:00 a..m. on Friday and Saturday
Approve $30000 Contribution
Discussion was had on what portion of the
Deerbrook Add. Storm SEwer
cost of the storm sewer
installation should
be paid by the Village.
The Village attorney
stated that it was his opinion
that no precedent would be set by
such a contribution,
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since the proposed development
was not comparable to a residentiAl:dev6lopmentior any
other potential development
in the Village.
Q
Trustee Bootz moved,
seconded by Trustee Slavin, that the
annexation agreement
include a provision that the
Village will pay $30,000 toward the
cost of the storm
sewer, and the acreage fees
for water, storm and sanitary dewers
hmounting.to approxi-
materly $9,000 be waived.
The meeting was recessed at 9:45 p.m., and re- convened at 10:05 p.m.
The motion to approve a contribution of $30,000 and waive acreage fees was
adopted by the following vote:
Ayes: B ootz, Schleicher, Slavin (3)
Nays: Turner (1)
-Residents of the Glenbrook Cohntryside Subdivision voiced their objections to
the proposed Shopping Center, the Ward auto service store, the number of driveways,
disconnection of the property from Cook.County School Districts, liquor licenses and
the recreation facilities, and the traffic which would be generated by the Shopping
Center. It was pointed out that only four driveways were proposed on Waukegan Road
for both the present Shopping Center and the addition.
Approve Driveways Exhibit A Trustee Schleicher moved, seconded by Trustee
Deerbrook Addition Bootz, that the Board approve plans for drive-
ways as shown on Exhibit "A ", Deerbrook
Shopping Center Addition.
Motion carried unanimously.
Approve Ward TBA Location Trustee Slavin moved, seconded by Trustee Bootz,
Deerbrook.Addition that the location of the Ward tire, battery
and auto accessory store be approved as shown
on Exhibit "A" of the Deerbrook Annexation Agreement.
Motion carried unanimously.
Objections to the Shopping Center by Glenbrook Countryside residents were
answered by members of the Board. It was pointed out that the property could be developed
under Cook County regulations without annexation to the Village, and it was the duty
of the Board to determine,if beneffts-to the Village, including substantial sales tax
revenues, outweighed any disadvantages. Trustee Slavin moved, seconded by Trustee
Bootz, that debate be limited.
Motion carried unanimously.
Discussion- Liquor•Licenses Discussion was had on the issuance of liquor
licenses.for the Deerbrook Shopping Center
addition and the Phil Johnson Restaurant. Trustee Slavin stated the proposed Annexation
Agreement provided for termination of the sale of alcoholic liquor for consumption on
the presmies at i:00 a.m., and for package liquor stores at 11:00 p.m.., and moved that
closing hours for "pauring licenses" be established at 1:00 a..m. on Friday and Saturday
OT
nights and midnight on other nights. The motion failed for lack of a second.
Authorize Ordinance -Sale Discussion was had on the sale of'alcoholit
of Liquor on Sundays liquor on Sundays, Mr. Malator stating
they would not want any restrictions on
the sale of liquor on Sundays. Trustee Bootz moved that the Village attorney be
directed to prepare an ordinance amending the existing ordinance to permit the
sale of package liquor on Sundays. Seconddd'byyTfustee Slavin, and adopted by the
following vote:
Ayes: Bootz, Schleicher, Slavin (3)
Nays: Turner (1)
Approve 2 Liquor Licenses Trustee Slavin moved, seconded by Trustee
Deerbrook Addition Bootz, that Shetion 8 of the proposed
Annexation Agreement be approved which
authavizes the issuance of two liquor licenses for the Deerbrook Shopping Venter,
one a "pouring license ", the second either a "pouring license' or fpr a package
liquor store. Mr. and Mrs. Jack Liske, Longfellow Avenue, Mr. Joseph Connelly,
Oxford Road, and residents of the Glenbfook Countryside Subdivision expressed oppo-
sition to the issuance of liquor licenses. Other residents;favored the issuance
of liquor licenses as proposed, and pointed out there was no intention to license
bars or taverns.
The motion was adopted by the following vote:
Ayes: Bootz, Schleicher, Slavin (3)
Nays: Turner (1)
Approve Closing;Hours as Trustee Schleicher moved, seconded by
per Deerbrook.Agreement Trustee Bootz, that the closing hours
of 1:00 a.m. for the sale and consumption
on the premises of alcbh6lic liquor and 11:00 p.m. for package liquor stores be
approved as set,forth in the proposed annexation agreement.
Motion carried unanimously.
Approve $2000 "Pouring " Trustee Slavin moved that the initial
Liquor License fee license fee for a "pouring" liquor license
be established at $5,000. -f -The motion
failed for lack of a second. Trustee Schleicher moved, seconded by Trustee Bootz,
that the license fee for a "pouring" liquor license be set at $2,000 per year, and
the initial license fee be pro rated on the basis of the license year January 1-
December 31. Adopted by the following vote:.'
Ayes: Bootz, Schleicher, Turner (3)
Nays: Slavin (1)
Trustee Schleicher requested the Village attorney to prepare anr'ordinance
to authorize the issuance of one "pouring" license for the Phil Johnson restaurant
for consideration at the next meeting.
Resolution Re: July 4 Parade Trustee Slavin moved, seconded by Trustee
(R -70 -6) Turnerq that the resolution be adopted
to provide for the closing of parts of
Deerfield Road and Waukegan Road, starting at 12:15 p.m., for the July 4th parade,
said resolution to be sent to the Department of Highways, State of Illinois.
Motion carried unanimously.
1st Presentation - Ordinance The first presentation was made of an
Standard Oil Sign Variation ordinance granting a variation from the
provisions of the Zoning Ordinance to
permit the erection of 55� square foot double -faced illuminated sign at the
front property line two feet north of the south property line at 700 Waukegan Road,
as requested by American Oil Company (Standard Oil service station).
A letter was received requesting passage of the ordinance at its first
presentation, since the present sign is a hazard. Trustee Schleicher pointed out
the existing sign can be removed if it constitutes a hazard to patrons.
Trustee Slavin moved, seconded by Trustee Turner, that the rules be waived
to permit action on the ordinance kt its first presentation. The motion failed to
pass, the following vote being recorded:
Ayes: Slavin, Turner (2)
Mays: Bootz, Schleicher, Forrest (3)
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Authorize Prelim. Est of Cost Discussion was had on the improvement of
By B & W, Gordon, Kenmore,&& Gordon Terrace and parts of Rosewood and
Rosewood by S/A Kenmore Avenues by installation of pavement,
storm sewers, sidewalks and street lights.
The Village attorney stated the first step in a special assessment proceeding was to
obtain the engineer's preliminary estimate of cost for the improvement. Trustee
Schleicher moved, seconded by Trustee Turner, that Baxter and Woodman be directed to
prepare the preliminary estimate of cost as set forth above. Adopted by the following
vote:
Ayes; Bootz, Schleicher, Slavin, Turner (4)
Nays: None (0)
Re: Speeding & Trucks on Longfellow Mr. Jack Liske, Longfellow Avenue, stated
that traffic on Longfellow has doubled in
the past year, there is much speeding, and also much truck traffic which is a real
hazard to children. He asked that present signs pertaining to truck traffic be re-
placed with the old signs which were more effective and "Slow - Children" signs be
erected, as.well as "School" signs. Mrs. Laura Lee Christoph, a member of the Safety
Council, stated some signs have been erected, and all would be in place soon in locations
recommended by the Safety Council. The-manager recommended that sidewalks be constructed
on Longfellow.for the protection of children. The Police Deaprtment will be asked to
patrol the area to reduce speeding.
Reports- Communications A letter from the Safety Council stated that
dignalization of the Deerfield- Wilmot Road
intersection was not warranted by present traffic conditions.
A letter was received from Mr. John.Mallin objecting to the rezoning of his
property at County Line and Waukegan Roads from the B ='1 to the R -5 classification.
The manager reported he had discussed additional off - street parking with represen-
tatives of Deerfield Commons, who will study the matter. He reported the Drainage
Study.Commission had met and are pursuing several matters in connection with drainage.
The Board approved the Moraine Girl Scoutd Safety Daisy project on May 16th.
Trustee Slavin reported he had received a letter from Mr. Arthur No$denberg,
308 Willo -v Avenue, regarding the fire hazard created by the growth of weeds on the
property at the rear of his lot. The letter was turned over to the manager.
Trustee Turner reported a letter had been received from Mrs•: William Marquardt,
Wilmot Road, complaining of junk on property in the vicinity of Wilmot and County
Line Road and on Huehl Road in Cook County.
The Village attorney's letter regarding "incubator" fac Wles Val to
the Plan Commission for recommendations on motion by Trustee Schleicher, seconded by
Trustee Bootz, and carried unanimously.
There being no further business, on motion by Trustee Bootz, seconded by Trustee
Slavin, the meeting was adjourned at 11:35 p.m.
APPROVED: LQ''tl�
President
ATTEST:.
Village Clerk