05/04/1970May 4,,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, May 4, 1970 at 8:15 p.m. The clerk called the roll and
reported that the following were
Present: Bernard` Forrest, President
,Charles R. Bootz
George Kelm
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: George P. Schleicher
and that a quorum was present and in attendance at the meeting. Also present
were Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
President Forrest welcomed Mr. Hoffman's, fifth grade class from Maplewood
Sch000l, who were present to observe local government in action.
Trustee Slavin moved, seconded by Trustee Bootz, that the minutes of the
regular meeting held April 20, 1970 be approved as submitted. Motion carried
unanimously.
Approve Warrant No. W -70 -5 Trustee Bootz moved, seconded by Trustee Slavin,
that Warrant No. W -70 -5 - payment of bills,
including fund ,transfers and reimbursements, be approved. Adopted by the following
vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: None (0)
P.C. LetterRe: Bd & Deerbrook A letter from the Plan Commission was read in
Reports TBA & Traffic which the Commission expressed concern over the
lack of communication between the Board and
the Plan Commission in connection with the proposed Deerbrook Shopping Center ex-
pansion, and.approval by the Board of the location of the tire, batteryrand auto
accessory store and gas pumps and traffic controls, without benefit of the Plan
Commission's recommendations. They stated they saw no reason for acceding to a
developer's ultimatum in such matters, and stated that landscaping and internal
traffic plans would not be reviewed by the Commission unless specifically requested
by the Board to do so.
A report from the Plan Commission recommended that the Ward tire, battery
and 4ccessory store be moved from the southwest corner of the proposed Deerbrook
Shopping Center addition to a location west of the main Ward store.
The Plan Commission report on the external traffic pattern at the proposed
Deerbrook Shopping Center Addition listed the following recommendations: tfa `� ffic _c
police for theatre discharge on Fridays and Saturdays; driveways #2 and #4 approved;
driveway, #3 eliminated; right turns only from driveway #1; deceleration lanes for
all driveways; and suitable signalization at driveway #2 to discourage traffic
through the Glenbrook Countryside area. The reportestated the Commission had not
yet reviewed the internal traffic and landscaping plans but these could be studied
after the annexation agreement has been executed.
Discussion was had on the Plan Commission's reports. President Forrest
stated that the traffic study requested by the Plan Commission regarding the -Deer -
brook vicinity had been received from the Village's traffic consultant and will
be considered before final action is taken. He assured Plan Commission Chairman
Albett Brust that the Board had not intended to supersede the Plan Commission
in determining final action on the proposed Deerbrook addition, but he felt that
many matters, such as driveways, had been adequately discussed. He said neither
he nor the Board had considered any request or stateulent by Mr. Valenti as an
ultimatum, but it was his opinion that Mr. Valenti was entitled to an answer since
he was aware that substantial siums+-ofrmohey,, were-'tied- up,.°pendiing"..the.Board's
decision. Mr. Brust stated that the Board, Mr. Valenti and the manager had known
the Plan Commission's reports were forthcoming, and pointed out that, had the Plan
Commissiorbeen notified, as he had requested, that the matter would be on the agenda
for the April 20th meeting, Mr. Dan Stiehr, vice chairman, would have been present
to report orally on the Commission's recommendations. Both President Forrest and
Trustee Slavin expressed regret that a Plan Commission member had not been present
at the April 20th meeting. President Forrest stated the matter would be on the
agenda for every meeting until final action is taken.
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Plan Commission member Andrew Ebert stated that it would be helpful if copies
of the revised Annexation Agreement and other pertinent reports are made available
to the Plan Commission for study. President Forrest directed that copies of the
Agreement and the traffic consultant's report be sent to the Plan Commission.
Mr. Stephen Malato, attorney for Mr. Valenti, stated the original draft of the
Annexation Agreement had been revised to reflect either the Board's or the Plan
Commission's opinions, and assured the Board that not statement by him or Mr. Valenti
was intended or should be construed as an ultimatum.
Discussion was had on the location of the Ward tire, battery and accessory
store and gas pumps. Messrs. Brust and Ebert pointed out the the location of the
store at the southeast corner of the development could have a marked effect on property
to the south, and questioned whether gas pumps are a necessary part of the operation.
Mr. Valenti stated emphatically that he had made every effort to cooperate
witbathe Plan Commission and Board, he had not issued an ultimatum, but had responded
to every request for information and reports. He pointed out that he had reduced
the-number of driveways to four, as requested, but he could not develop the property
with only three driveways as the Plan Commission now recommends. With respect to
the location of the tire, battery and accessory store, Ward's had agreed to turn the
building and put the gas pumps on the north side, but they would not forego the pumps
or accept any other location, nor would they construct the main store without the
444 auto service facility. He asked for final action at the next meeting.
RIO President Forrest stated the manager had prepared a report showing what
U contributions other communities had made to Shopping Centers. He again said that
final action on the Deerbrook annexation agreement would be taken at the next meeting,
the Plan Commission was invited to be present, and directed that all information and
reports be made available to the Plan Commission.
P.C. Report - Gottlieb Factory A report from the Plan Commission recommended
Discussed- BidgTaBimlitoAligroved approval of the "incubator" factory development
Slibjectgto Covenant on the former Cullman Wheel property as proposed
by Mr. S. Gottlieb, and that a written agreement
be sought covering landscaping, the number of tenants limited to a maximum of fifteen,
performance responsibility, and signs. It was the opinion of the Village attorney
that Village ordinances did not prohibit a building planned for multiple tenancy as
proposed.
Trustee Slavin moved, seconded by Trustee Bootz, that the building commissioner
be authorized to issue a permit subject to a covenant in accordance with the recom-
mendation of the Plan Commission.
Mr. Gottlieb stated he agreed to all items recommended by the Plan Commission
except the number of tenants which he felt was too restrictive, but he would accept
a limitation to a maximum of 20. Discussion was had on whether the number of tenants
should be restricted by a minimum square foot requirement per tenant, or by a maximum
number of tenants. Mr. Gottlieb stated the space requirements of tenants varied
greatly, and a limitation of 20 tenants would protect both him and the Village.
Trustees Bootz and Slavin amended the previous motion to permit a maximum of
20 tenants.
Mr. R. Duke Miller, 1669 Berkley, asked if consideration had been given to
possible air pollution from a building of this type, and further, how many chimneys
and incinerators were planned. Mr. Gottlieb stated individual gas heaters are planned;
with respect to incinerators, his other buildings have none, refuse being removed by
scavengers. Insofar as the proposed building is concerned, he did not know if -an
incinerator will be requested, but he stated he will comply%;with existing ordinances.
Mrs. Laura Lee Christoph, Evergreen Court, who has repeatedly pointed out the nuisance
factors of the McDonald and Sara'Lee incinerators, urged the Board not to permit any
incinerators at the proposed development. Mr. Sheldon Gottlieb stated that, not knowing
the eventualities, the idea of a. covenant which would prohibit the constructinn of an
incinerator was not acceptable.
Both Mr. Miller and Trustee Slavin suggested that present ordinances be reviewed
with respect to standards for smoke, number of chimneys, incinerators, and similar
matters. The Village attorney stated that health ordinances can be made retroactive
to existing.uses, but amendments would not be applicable if tied to zoning or building
codes.
Trustee Slavin moved, seconded by Trustee Bootz, that the motion to authorize the
issuance of a building permit be withdrawn, Aiid the:matber'147put 'on the agenda foT 't'he
next.meet ng.:: After'•firfhgY discussion, motion and second were withdrawn.
Motion car.ried.unanimously�7to authorize issuance of the building permit subject to a
covenant as recommended by the Plan Commission, with a maximum of 20 tenants.
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R.C. Report Re Baxter Tract A report from the Plan Commission recommended
West of Toll Road that the Baxter property west of the Toll Road
not be considered for annexation, and the
Village Board reconsider its position with a view to giving support to the Village
of Riverwoods in its action to establish limitations in the development of the
site by Baxter.", -The-,106nmiss ion' adke&that thby bdi7notffied if the Board desires
further fact finding activities by the Plan Commission for the implementation of
the recommendation to support the Village of Riverwoods.
The Village attorney stated that there is nothing before the Board at this
time regarding the Baxter property. The validity of the ordinance rezoning the
property is being challenged in Court by the Village of Riverwoods. If the zoning
is held invalid and Baxter re- applies for rezoning, the Board at that time can
consider what action should be taken.
P.C. Report - Mallin Rezoning A report from the Plan Commission recommended
Referred Back to P.C. that Lot 2 of the Mallin Subdivision with
frontages on Waukegan and County Line Rodds
be rezoned from the B -1 Neighborhood Business District to the R -5 Single - Family
Residence classification. The clerk reported that Mr. John Mallin, the owner, had
filed, by certified mail, his objection to the proposed rezoning in accordance with
the provisions of Chapter 24, Section 11- 13 -14, Illinois Revised Statutes. After
a brief discussion in which Mr. Brust stated that the Plan Commission is working
on a Planned Unit Development amendment which could apply to all business zoned
property, Trustee Slavin moved, secondeddby Trustee Turner, that the meeting recess.
Motion carried unanimously.
The meeting was recessed at 9:30 p.m., and re- convened at 9:48 p.m.
Trustee Slavin moved, seconded by Trustee Bootz, that the matter be referred
back to the Plan Commission for further consideration.
Motion carried unanimously.
Discussion - Scavenger Rates Discussion was had on rates for scavenger
service. Mr. Frank Belline, attorney for
Deerfield Disposal Servieg,that the matter of services and rates, an exclusive
license, zoning of the Village for more efficient and economical use of manpower
and a longer license period had been discussed with the Board starting in August,
1969. In January 1970 two licenses were issued to expire December 31, 1970. His
client, Mr. Vander Molen, had taken an option to purchase the Gastfield Disposal
Service, which hsa now expired, and on March 16, 1970 submitted a letter proposing
certain rates. On April 20, 1970, the Board adopted ordinances relating to scav�-:'-r,.
engers and garbage and refuse disposal, but no action was taken on increased rates.
President Forrest stated that the ordinances were in accordance with speci-
fications agreed to by the scavengers, and the matter of rates could now be determined.
He pointed out the ordinance provides for the zoning of the Village if two scavengers
are licensed, and grass must be placed at the curb in bags meeting specifications
in order that grass containers need not be returned to the rear of houses.
Mr. Belline stated that Mr. Vander 'alfolen's proposal on rates was based on
the old ordinance. Mr. Vander Molen stated he had bid on the basis of a three year
license to expire at the end of 1972. Trustee Slavin stated the ordinance could be
amended to extend the license period, and pointed out zones could be decided by the
two scavengers, or they are unable to reach agreement, zones can be determined by the
manager. Mr. Vander Molen stated it was questionable whether a $200,000 bond could
be obtained. He pointed out that the Village now has on ordinance which prohibits
burning of trash'; which will increase the amount to be picked up by the scavengers.
He stated that what would 'appear to be an increase in rates would actually be a
decrease since more service must be provided, and he could not afford to operate at
a loss. He said he could not speak for Mr. Gastfield since his option to purchase
has expired.
President Forrest suggested that Messrs. Gastfield and Vander Molen meet together
to discuss the specifications and any negotiations to purchase, and meet with the
Board Monday, May 11th to resolve any misunderstandings on services and rates.
This suggestion was approved.
Sara Lee Noise Problem A:,-rep'ort from the Village attorney advised what
Atty. to Notify to Abate courses of action were available to abate alleged
nuisances of noise and odors from the Sara Lee
plant. In addition to prosecution by the Village and neighbors, an ordinance could be
adopted limiting the hours of operation.
Trustee Slavin moved, seconded by Trustee Turner, that the Village attorney be
instructed to send a letter to Kitchens of Sara Lee, stating that unless nuisances are
abated forthwith, the Village will institute legal proceedings for abatement.
Mr. Glenn Traintor of Sara Lee stated he believed the company had lived up to
its commitments to the Board to eliminate noise and fumes from Diesel trucks in the
truck loading area; since the previous meeting only one complaint had been received
which investigation showed had been from a truck leaving the area. Discussion was had
on the number of previous complaints. The manager stated a file of complaints had been
maintained but it was doubtful they would meet the requirements of the Village attorney
for purposes of prosecution. Trustee Slavin stated he did not favor a limitation on
hours for the conduct of a business, but felt the company could enforce reasonable
controls to eliminate noise and fumes which have disturbed the sleep of neighbors. The
Police Department will be instructed to check the area at night for noise and odors,
and complaints will be investigated.
The motion was adopted by the'following vote:
Ayes: Bootz, Slavin, Turner (3)
Nays: None (0)
Not Voting: Kelm (1)
President Forrest directed that the matter be put on the agenda in 30 days.
�. Approve Plan Library A report from Traffic Consultant Paul Box on ingress
Ingress & Egress and egress for the new library building recommended
that Journal Place not be extended, and the drive-
way constructed from Waukegan Road and a connection between the library and Village Hall
parking lots. Alternate plans were submitted with Plan "B" recommended. A'.letter from
Q the Presbyterian Church asked that Journal Place be extended to connect with Petersen
Lane. Library Board President Thomas Parfitt stated the plans were satisfactory to
the Library Board, but pointed out that 12 parking spaces would be eliminated by the
constguction of the ramp to the Village Hall parking lot.
Trustee Kelm moved, seconded by Trustee Bootz, that the plans for ingress and
egress be approvdd as recommended.
Motion carried unanimously.
Ordinance - Variation- Standard Trustee Bootz moved, seconded by Trustee Turner,
Oil Sign -700 Waukegan Rd. .that the ordinance be adopted granting a variation
(0- 70 -16) from the provisions of the Zoning Ordinance to
permit the erectionoof a double -faced illuminated
sign located 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). Adopted by the
following vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance - Conditional Use .The prdinance.was,presented authorizing a Conditional
Library Bldg. -Wau egan Use for fSe erection "`and maintenance of a Village
(0- 70 -17) library building and accessory facilities on the
four lots-north of the present library building
on WAukegan Road.
, Trustee Kelm moved,.seconded by Trustee Turner, that the rules be waived to
permit'action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Kelm then moved the adoption of said ordinance. Seconded by Trustee
Turner, and adopted by the following vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
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Lst Presentation- Ordinance The first presentation was made of an ordinance
Re: Liquor Li &ense & Hours amending the Municipal Code to provide for one
Class D liquor license to be issued to a restaurant
for the sale and consumption on the premises of alcoholic liquor, with an annual license
fee of $2,000, and to prohibit the sale of liquor for consumption on the premises between
the hours of 1:00 A'.M. and 6 A.M., and the sale of packaged liquor between the hours
of *11:00 P.M. and 6:00 A.M. An additional provision was proposed with respect to a
Class D license which would permit the sale of alcoholic liquor only at dining tables
and booths as incidental to and in conjunction with the regular service of meals
and food, and prohibiting the sale and service at a bar, tables or booths separate
from those where food and meals are served.
Resolution Establishing Trustee Bootz moved, seconded by Trustee Turner,
Prevailing Wages that the resolution be adopted establishing
(R -70 -7) prevailing wages for public works construction
as defined in the Prevailing Wage Law; a
certified copy of said resolution to be filed with the Secretary of State.
Motion carried unanimously.
MFT Resolution - Appropriate Trustee Bootz moved, seconded by Trustee Slavin,
$4800 Traffic Study 29 -E -CS that the resolution be adopted appropriating
(R -70 -8) $4,800 from Motor Fuel Tax Funds fora Compre-
hensive High Accident Location Traffic Safety
Study, Section 29 -E -CS.
Motion carried unanimously.
Adopt Budget 1970 -71 The budget for the fiscal year 1970 -71 was
presented. After a brief discussion of projected
revenues and expenditures Trustee Bootz moved, seconded by Trustee Turner, that the
budget be adopted.
Motion carried unanimously.
Atty. to Prepare Ordinance
Re: Vacation for Clerk
respect to the office of Village
the salary for the Deputy Clerk
as the salary for the clerk.
Motion carried unanimously.
Trustee Slavin moved, seconded by Trustee Turner,
that the Village attorney be directed to prepare
an ordinance amending the Municipal Code with
Clerk to provide for a three week vacation, with
o be paid from funds other than those established
Salary Ordinance The ordinance was presented to establish the
(0- 70 -18) salaries of officers and employees for the
fiscal year 1970 -71, to be effective May 1,
1970. Trustee Turner moved, seconded by Trustee Kelm, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Slavin then moved that the said ordinance be adopted. Seconded by
Trustee Kelm, and adopted by the following vote:
Ayes: Bootz, Kelm, Slavin,.Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Approve MFT Resurfacing Project A report from Public Works Director Ed Klasinski
Authorize Plans & Specs. proposed the resurfacing of Oxford Road,
Cumnor Court, Carlisle Avenue and Warwick Road
east bf Warrington Roadas a 1970 Motor Fuel Tax project. The resurfacing of Warwick
Road west of Warrington Road was proposed to be paid from Street and Bridge Funds.
The estimated cost of the improvement was $40,000.
Trustee-Kelm moved, seconded by Trustee Turner, that the project he approved
as recommended, and the preparation of plans and specifications be authorized. Adopted
by the following vote:
Ayes: Bootz, Kelm, Turner, Slavin (4)
Nays: None (0)
Approve Change Order #1 In connection with the upgrading of traffic
Add $1037 - MFT 28 -TL -CS lights, Motor Fuel Tax project 28- TL -CS, Baxter
Traffic Lights and Woodman submitted Change Order No. 1, and
addition of $1,037 to the contract with Aldridge
Electric, for curb and gutter and pavement at the Kipling light installation.
Trustee Slavin moved, seconded by Trustee Turner, that Change Order No. 1
be approved. Adopted by the follwoing vote:
Ayes: Bootz, Kelm, Slavin, Turner (4)
Nays: None (0)
Approve Payment $16850 Trustee Bootz moved, seconded by Trustee Kelm,
Adridge Electric that payment of $16,850 be approved to Aldridge
MFT 28- TL -CS. Electric for work completed on traffic light
improvements, MFT project 28- TL -CS, as recommended
by the engineers. Adopted by the following vote:
Ayes: Bootz, Kelm, Slaving Turner (4)
Nays: None (0)
Reports - Communications The manager reported that junked cars and other
refuse had been removed fromMeh!L Road by the
Village of Northbrook.
A letter from the Department of Public Health reported that the Village water
supply did not show any sign of contamination.
A letter from the Cook County Highway Department stated that the contract for
the improvement of County Line Road, including traffic signals at the County Line -
Waukegan intersection with protected left turn signals, is scheduled to be awarded in
the fourth quarter of 1971. A new pedestrian count will be made at that time, and
of warranted, pedestrian controls will be included in the signalization. Six foot
sidewalks on each side are included in the design of the bridge over the West Fork.
1W In connection with the proposed assessment for maintenance of the West Drainage
Ditch, Union Drainage District No. 1, the manager reported that it was the Court's
�+ decision that the Village shall be assessed for streets and other municipally owned
property.
Mr. Wolfson,of the Briarwoods Vista Homeowners Association asked the Board
to take action to improve the safety of the County Line - Waukegan Road intersection. He
stated if the contract foraCbufity Line .Road improvements is not awarded until late in
1971, it will be 1972 or 1973 before the work is completed. Trustee Slavin stated
that while he agreed with Mr. Wolfson, the cost and time involved for temporary
signalization improvements must be weighed with due regard to the Cook County improve-
ment schedule. Trustee Slavin then moved, seconded by Trustee Turner, that the matter
be referred to the Traffic Consultant as a high priority item. Motion carried unanimously.
The manager reported that Mr. Arthur Nordenberg's complaint aboutttall.weeds : as
a fire hazard at the rear of 308 Willow Avenue will be investigated by the Director of
Public Works. It was reported that the owner had been notified last year to cut the
weeds, and had later called to advise that the weeds had been cut.
President Forrest stated there had been complaints about mini bikes, and asked
that the Police Department be instructed to enforce laws prohibiting their use. He
suggested a program of education to let parents know the bikes cannot legally be operated
on streets.
Mr. John K. Willman, Hazel Avenue, asked the Board to require rood drains and
surface drainage at the Maplewood School to be connected to the.storm sewer, since
his basement and others are being flooded during every rainfall. The manager stated
he had discussed the problem with School Board membbr James Tibbetts, and he will arrange
a meeting to work out a solution to the problem. He stated the delay in correction was
due to lack of funds. President Forrest pointed out the School Board had promised last
year to provide funds for correction of the problem and the Village should insist that
the work be undertaken this year.
There being no further business, on motion by Trustee Slavin and seconded by
Trustee Bootz, the meeting was adjourned at 12 midnight.
APPROVED : ,�
Presi t
ATTEST:
Village Clerk