06/19/1972June 19, 1972
The regular meeting of the President and Board of Trustees of the Village
of Deerfield was called to order by the clerk, in the hbsence of the President,
in the Council Chambers of the Village Hall on Monday, June 19-, 1972 at 8:15 p.m.
Upon roll call the following were
Present: Albert E. Brust
George Kelm
Daniel H. Stiehr
M. Jay Turner, Jr.
Absent: Bernard Forrest, President
Werner E. Neuman
Stephen M. Slavin
and a quorum was present and in attendance at the meeting. Also present were
Messrs. Richard;Houpt, Village.attorney, and Norris Stilphen, manager.
Trustee Brust moved, seconded by Trustee Turner, that Trustee Stiehr be
appointed President pro tem. Motion carried unanimously.
Trustee trust moved, seconded by Trustee helm, that the minutes of the
regular meeting held June 4, 1972 be approved as corrected. (Page 38 Re: DiPietro
Special Use - 4th para. 5th line - delete "air cnndition the building, and ").
Motion carried unanimously.
Approve Warrant NO. W -72 -6 Trustee Brust moved, seconded by Trustee Turner,
that Warrant No. W -72 -6 - Payment of bills,
including fund transfers and reimbursements, be approved. Adopted by the following
vote:
Ayes: Brust, Kelm, Stiehr, Turner (4)
Nays: None (0)
Approve Consent Agenda The Consent Agenda was presented for consider -
ation. Trustee Brust moved, seconded by
Trustee Turner, that certain items be deleted
and others added to the Consent Agenda. Motion carried unanimously.
CONSENT AGENDA (as amended)
Resolution establishing prevailing wage rates for 1972. (R- 72 -11)
Ordinance granting a sign variation for 400 County Line Road (Keepper- Nagel)
(0- 72 -36)
Membership Dues payment for Lake County Municipal League.
Trustee Brust moved, seconded by Trustee Turner, that the Consent Agenda
be approved. Adopted by the following vote:
Ayes: Brust, KElm, Stiehr, Turner (4)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
Re: Health & Hosp. Insurance A report from the Village manager stated a
Retired & Disabled Employees retired or disabled employee's health and
hospitalization insurance terminates at the
end of the month during which termination occurs and Blude Cross -Blue Shield
will not permit continued coverage of the disabl rdjp�roon under the Village's
group-insurance policy. Sufficient notice will be given to the employee to arrange
for individual coverage.
Trustee Brust asked the manager to check with Blue Cross -Blue Shield on
whether a retired or disabled employee, who is no:. longer eligible for group
coverage, will be accepted for individual coverage by the company. He suggested
the Board consider paying a portion of the insurance cost for long term employees.
The manager will get the requested information and report at the next meeting.
Re: Commuter Parking Grant The commuter parking plan was reviewdd?.in
Application connection with the application for a grant.
It is essentially the same as the original plan
b ut parking spaces have been incrased to 440.
'-F 1
Trustee Brust stated he did not like the request for $35,000 for parking meters.
The manager stated he had discussed this matter with Mr. Box, and had made an administra-
tive decision to include meters. The Board can decide later whether parking meters
should be installed, but the meters could not be added to the application later.
Approve Deerbrook Storm The Easement Agreement for the Deerbrook storm
Sewer Easement Agreement sewer was presented. The Village attorney stated
an agreement had been prepared previously but was
not acceptable to Montgomery WArd, and has now been revised.
Trustee Kelm moved, seconded by Trustee Brust, that the Easement Agreement be
approved. Adopted by the following vote:
Ayes: Brust, Kelm, Stiehr, Turner (4)
Nays: None (0)
P.C. Report -Vines Sub.PUD A report from the Plan Commission recommended that
the petition of Gordon and Helen Vines for a
Planned Residential development and resubdivision of Lot 51, Hovland Subdivision be
d enied.
Mr. Lekan, attorney for Mr. and Mrs. Vines, stated they were willing to dedicate
the west 30 feet of the proposed Lot 1 for a future street to provide access to lots
in the interior of the block, but a requirement for a bond or escrow of $6,000 for
improvements bordered on the ridiculous when it is not known when, if ever, a street
will be constructed. He asked that the bond or escrow be waived on the basis of hard-
ship, and pointed out that if a street is desirable later, it can be improved by
special assessments.
The Village attorney stated the R -l-B classification had been designed for
larger developments , and if the Board would postpone action until the next meeting,
he would check previous planned development ordinances
Trustee Brust moved, seconded by Trustee Turner, that the matter be continued to
t he next meeting.
Motion carried unanimously.
P.C. Report - Cunz Re sub. A report from the Plan Commission recommended
Approval Final Plat approval of the Cunz Resubdivision of 2 lots
at Fair Oaks and Forest Avenue with a front yard
variation of from 8.63 ft. to 18.26 ft. for the existing residence.
Trustee Brust moved, seconded by Trustee Kelm, that the Board accept the
recommendation of the Plan Commission.
Motion carried unanimously.
Trustee Brust then moved, seconded by Trustee Turner, that the final plat of
the Cunz Resubdivision be approved and execution thereof authorized.
Motion carried unanimously.
S.C. Report -Bike Ordinance A report from the Safety Council recommended that
Reinstate 12 Yr. Age Limit the requirement that children 12 years old or
younger be restricted to riding bicycles on
sidewalks be reinstated in the proposed bicycle ordinance.
Trustee Kelm moved, seconded by Trustee Brust, that the 12 years of age
restriction be reinstated for all streets in the Village.
Discussion ensued, and Trustee Brust moved, seconded by Trustee Kelm, that
the motion be amended to provide that the 12 years of age restriction apply only to
Waukegan, Deerfield or County Line Roads.
Motion carried unanimously.
Ordinance -Mun. Code Amend.
Strike Sec..20:715 &21.004
Add Chapter 20A - Bicycles
(0- 72 -37)
the following vote:
Trustee Brust moved, seconded by Trustee Kelm, that
the ordinance be passed amending the Municipal Code
by striking Sections 20.715 and 21.004 and adding
a new Chapter 20A - Bicycles, including the age
limitation as hereinabove approved. Adopted by
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Ayes: Brust, Kelm, Stiehr, Turner (4)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
S.C. Recommendation A report from the Safety Council stated side -
No Sidewalks on Crabtree walks on Crabtree Lane north of Greenwood
Avenue are not warranted, and recommended
that sidewalks on be constructed in this location.
Trustee Brust moved, seconded by Trustee Kelm, that the Safety Council's
recommendation be accepted, and in addition, the matter be referred to the Community
Relations officer to see if he can solve the problem of child safety in this area.
Motion carried unanimously.
S.C. Report -No Speed A report from the Safety Council recommended
Reduction North Ave. no reduction in the speed limit of 30 miles
per hour on North Avenue, but requested
increased police'surveillance.
Trustee Brust moved, seconded by Trustee Turner, that the recommendation
of .the Safety Council be accepted, and the matter of increased police surveillance
be referred to the Police Department.
Discussion - U.C. Mr. Robert Hogan, attorney for United Conveyor
Annexation Agreement Corporation asked for clarification of some
of the provisions of the proposed Annexation
Agreement. He stated that fill from the excavation will be used for the berm, and
asked that the requirement that the berm be erected prior to the commencement of
construction be deleted. It was agreed the phrase should be changed to read "Prior
to completion - - - ". It was also agreed that the berm or with landscaping would meet
the requirement for screening the subject property from residential properties.
Mr. Hogan stated the berm would be erected around the building and parking
lot to screen the developed portion of the property, but it was not planned to
extend the berm along the perimeter boundary of all of the property which adjoins
residential property. The architect stated the Wilmot Road frontage would be
almost completely shielded by a contour configuration of berm and plantings.
Trustee Slavin entered the meeting at 9:25 p.m. and was present thereafter.
After discussion of the length of the berm, it was the consensus that the
berm and landscaping not less than six f6et in height shall be provided to screen
the building and parking area, and a berm erected along the remainder of the
1perimeter on the north and west which adjoins residential property need only be of
a sufficient height to confine surface drainage to the United Conveyor property.
A Cite plan showing location and height of the berm will be made a part of the
AnnexAton Agreement.
Discussion was had on oversizing the storm sewer to be constructed along the
north property line, to take care of off -site drainage. It was agredd that the
Village would pay for the oversizing of the storm sewer, and this will be included
in the Annexation.Agreement.
Mr. Hogan stated the owner has no plans to lease any part of the proposed
building, but in light of the Village's interpretation of the Zoning Ordinance,
he asked that there be included in the Annexation Agreement a statement that the
owner may lease all or part of the building for office and research uses. Trustee
Brust stated he was opposed to any relaxation of this provision. Trustee Slavin
pointed out that a building permit would be required for any internal structural
work prior to leasing, and compliance with parking requirements would be reviewed
in conjunction with the building permit.
The Village attorney will prepare revisions to the Annexation Agreement
for review by the Board and the United Conveyor Corporation. In response to Mr.
H ogan's question, he stated either the berm or a solid evergreen planting would
fulfill the requirement for screening.
Report -Storm Sewer Priorities A report was received from the Storm SEwer
Committee - Discussion of Priorities Committee. Trustee Kelm stated
Flooding Problems priority was given only to those locations
where property damage occurs, with one
exception - the Deerfield Road underpass - where the alleviation of the flooding
problem will benefit the entire community. It was the opinion of the Committee
FJ
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that the underpass improvement should be paid for by the Village. The financing of the
remainder of the corrections should be decided by the Board. The estimated total cost
of the recommended corrections is $434,000.
Trustee Slavin read Trustee Neuman's memorandum in which he stated he agreed with
the Committee's recommendations on priorities, but did not agree that Baxter & Woodman
should be authorized to do the engineering work for implementation. He did not question
the competence of Baxter & Woodman, but felt they were overloaded with work as indicated
by delays in completing assignments. He recommended that proposals be obtained from
other civil engineers as this would be a good project to work with other firms. Trustee
Slavin stated he agreed with many of Trustee Neuman's statement, and had recommended
more than two years ggo that proposals from other firms be sought.
Trustee Slavin moved, seconded by Trustee Brust, that any decision to let a contract
to Baxter & Woodman to perform engineering required to implement the Phase I report be
postponed to the next meeting so Trustee Neuman could be present.
Motion carried unanimously.
Trustee Brust suggested that consideration be given to hiring a Village engineer.
Trustee Stiehr stated the lack of direction from the Board was part of the reason why
better service had not been given by Baxter & Woodzgan . The manager pointed out that
delay in plans for sewage treatment plant enlargement and improvements were brought
about by the failure of the Environmental Protection Agency and the Pollution Control
Board to establish firm standards for treatment, a matter not resolved until last week.
Trustee Brust proposed that the Committee's report, financing of improvements
and engineering firms be taken up at a workshop meeting. The manager stated President
Forrest had proposed meeting on Monday, June 26th, and the Board approved.
Trustee Kelm stated the Committee had made no recommendations on sanitary sewer
improvements, but suggested that at least some of the flooding on the-east side could
be alleviated by installation of an adequately sized force main from the East lift
station which is required for the improvement of the sanitary sewerage system.
A groups of residents urged the Board to take decisive action to alleviate
flooding problems which they stated are getting worse in volume and frequency. It
w as pointed out that public health was involved inasmuch as there is backup from sanitary
sewers in addition to storm sewers. The Toll Road culverts and the Holy Cross parking
lot were cited as specific causes of flooding. Reconnection of downspouts was also
mentioned as a cause of flooding, and a resident of Briarwood Vista Subdivision suggested
that a committee be appointed from each section of the Village to work on flooding
problems in each area.
Trustee Turner cleft the meeting at 11:00 p.m.
Trustee Slavin stated an engineer residing in the Village has reviewed the Baxter
& Woodman report and it was his professional opinion that the flooding problem would
not be solved by increasing the size of the storm sewer pipes unless something is done
to increase the capacity of the receiving streams. The enineering'firm has designed
a flood control system for Wheeling with receiving ponds in parks for excess run -off.
He suggested the manager contact Wheeling to see what has been done and how::effective
the system has proved to be in controlling flooding.
The President pro tem closed the discussion by inviting residents to the workshop
meeting on Monday, June 26th at 8:00 p.m.
Ordinance Approving Planned The ordinance was presented approving the planned
Development 303 Wilmot (Benson) development of the Benson property at 303 Wilmot
(0- 72 -38) Road with a variation in the lot area of Lot 2
to permit a lot area of 10,640 square feet.
Trustee Kelm moved, seconded by Trustee Brust, that the rules be waived to permit
action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Kelm moved, seconded by. Trustee Slavin, that the ordinance be passed.
Adopted by the following vote:
Ayes: Brust, Kelm, Slavin, Stiehr (4)
Nays: None (0)
The President pro tem signed.the ordinance indicating his approval thereof.
Trustee Turner re- entered the meeting at 11:08 p.m.
44
AApprov Final Flat
Benson Resubdivision
be authorized.
Motion carried unanimously.
Trustee Slavin moved, seconded by Trustee
Kelm, that the final plat of the Benson Re-
subdivision be approved and execution thereof
1st Presentation - Ordinance The first presentation was made of an ordin-
Special Use 110 Waukegan Rd. ance authorizing a Special Use at 110 Waukegan
Road for multiple principal nses, an auto-
mobile accessory store (FirestoneService Center) and a contractor's office (Pile
Swimming Pool Company). The ordinance has been posted on the lobby bulletin board.
Re: Gardner
Bill- No
In oonnection with the statement for services
presentation.
Approval$480
Payment
from Carl Gardner Associates, the Village
attorney stated $480 was billed for conferences
and witness
fees for Mr.
Tom Buckley on the Shepard case, and he recommended pay-
that the ordinance be
ment of this
amount. He
has been unable to ascertain exactly what exhibits are
included in
the billing
for $1,100, and recommended this portion of the bill not
Ayes: Brust, Kelm,
be paid until
additional
information is received.
Trustee Kelm moved, seconded by Trustee Slavin, that payment of $480 be
approved to.Carl Gardner Associates. The motoh;ife' led for lack of a favorable
vote by a majority of the.Board, the following vote being recorded:
Ayes: Kelm, Slavin, Stiehr (3)
Nays: Brust, Turner (2)
Appropriation Ordinance The Appropriation Ordinance for the year May
(0- 72 -39) 1, 1972 -April 30, 1972 was presented. The
manager listed adjustments made in the Library
Appropriation and the total appropriation due to these adjustments.
Trustee Slavin moved, seconded by.- Trustee Turner, that the rules be waived
to permit action on the ordinance at its first presentation`:- Motion carried
u nanimously.
Trustee Brust stated he saw no reason for the Apprgriation Ordinance this
year when the Budget Ordinance had been of£iciallyzpassed.
Trustee Slavin moved, seconded by Trustee Turner, that the Annual Appro-
priation Ordinance be passed. Adopted by the following vote:
Ayes: Kelm, Slavin, Stiehr, Turner (4)
Nays: Brust (1)
The President pro tem signed the ordinance indicating his approval thereof.
Ordinance Allocating MFT The ordinance was presented allocating Motor
Funds to Transit District Fuel Tax Funds of the Village in the amount
(0- 72 -40) of $6,552.00 to the North Suburban Mass
Transit District.
Trustee Kelm moved, seconded by Trustee Turner, that the rules be waived
to permit action on
the ordinance at
its first
presentation.
Motion carried un-
animously.
Trustee, Kelm
then moved, seconded
by Trustee Turner,
that the ordinance be
passed. Adopted by
the following vote:
Ayes: Brust, Kelm,
Slavin, Stiehr,
Turner (5)
N ays : None (0 )
The President
pro tem signed
the ordinance indicating
his approval thereof.
1st Presentation -Sight
Line
The first
presentation
was made of the
Ordinance
ordinance
establishign
sight lines at inter-
sections.
The ordinance
has been posted on
the lobby bulletin board.
Deny Reid Mobile A letter was received from Wally Reid Ltd.
Fashion Rack requesting permission to locate a Mobile
Fashion Rack in the central business district
in June or July for approximately one week, and offering the Village 5% of the
gross sales during the period the Rack is in the Village.
Trustee Slavin moved, seconded by Trustee Brust, that the request be denied.
Motion carried unanimously.
�v➢
Complaints on Scavenger Service Trustee Brust stated he has been receiving many
complaints on scavenger service which he has
referred to the Village Hall. The manager reported most complaints were about failure
of the scavenger to remove branches and shrubbery. Trustee Brust asked for a report
listing the types of complaints.
Resolution- Detours Trustee Brust moved, seconded by Trustee Slavin,
4th of July Parade that a Resolution be adopted pertaining to the
(R- 72 -12) closing of Deerfield and Waukegan Roads for the
Fourth of July Parade, and the establishment,
marking and maintenance of detours during the hours the State roads are closed.
Adopted by the following vote:
Ayes: Brust, Kelm, Slavin, Stiehr, Turner (5)
Nays: None (0)
Reject Bldg. Dept. Auto Bids The manager reported that bids received on an
automobile for the Building Department were higher
than the amount budgeted for this purpose. He suggested bids be taken on a compact car.
Trustee Slavin moved, seconded by Trustee Kelm, that all bids be rejected.
Motion carried unanimously.
Trustee Slavin stated that, of the three reports he had requested at the last
meeting, only one had been received - the Environmental Commission's report on re-
cycling. The report from the treasurer do investment of funds did not answer the
question of yield, and no report had been received from the Chief of Police on foot
patrolling. The manager stated he would again ask for these reports.
Oppose HB 4680 Trustee Slavin moved, seconded by Trustee Kelm,
2 Yr. Tax Rate Freeze that the Board go on record in opposing House Bill
4680 which would freeze tax rates for two years.
Adopted by the following vote:
Ayes: Kelm, Slavin, Stiehr, Turner (4)
Nays: None (0)
Pass: Brust (1)
The Village attorney stated he had prepared three Resolutions which must be
submitted with the application for the parking grant. Decision was made to take action
o, on the Resolutions at the adjourned meeting on June 26th.
Trustee Turner,left the meeting at 11:35 p.m.
Re: Salary Policy Trustee Brust urged that a policy on salaries for
Village employees be established. Following a
brief discussion, Trustee Brust moved, seconded by Trustee Kelm that the midpoint be
equal to the midpoint of the salaries /of other governmental agencies in the area, *and
Adopted by the following vote: *of'zcomparable jobs industry, Trustee Stiehr to
furnish the salary schedule of the
Ayes: Brust, Kelm, Stiehr (3) Skokie Valley Industrial Association.
Nays: Slavin (1) *Corrected 7/10/72
Trustee Stiehr suggested that the salaries paid by industry in the area also
be checked.
Home Rule & Ethics Act Trustee Kelm stated he had noticed that "Home Rule"
had been dropped from the June list of items
pending. Both he and Trustee Brust felt the question should be studied before next
year's election. The Village attorney will prepare a report on Home Rule for discussion
b y the Board.
Discussion was had on whether the Ethics Act was still in effect. The Village
attorney will check court decisions on the Act and report to the Board.
Affirm Attorney's Action The Village attorney reported that he had joined
Sears Tower Appeal with Skokie and Northbrook in the appeal to the
Supreme Court on the Court decision in the Sears
Tower suit. This action was taken without Board approval due to the time limitation on
the appeal, but the Village was not obligated for any further expense. He also reported
the FAA had approved the additional height for television antenna on the•Sears Tower.
Trustee Slavin stated he did not disagree with the action taken by the Village
attorney, but it was his opinion the suit had been badly handled, and should have been
filed in Federal Court.
4G
Trustee Brust pointed out the broadcasters could file suit, and suggested the
Village's action be limited to filing the necessary documents to show support of
Skokie's position.
Trustee Slavin moved that the Village attorney be authorized to join in the
appeal to the Supreme Court in Springfield to argue the appeal on behalf of the Village.
The motion failed for lack of a second.
Trustee Slavin moved that the Village attorney be authorized to file suit in
Federal Court to enjoin further construction on the Sears Towner. The motion failed
for lack of a second.
Trustee Brust moved, seconded by Trustee Slavin, that the,Board affirm the
action of the Village attorney in joining in the appeal to the Supreme Court.
Adopted by the following vote:
Ayes: Brust, Stiehr, Slavin (3)
Nays: None .(1)
Not participating due to a conflict of interest: Kelm (1)
Proclamation - Medicare Trustee Slavin moved, seconded by Trustee
Brust, that the President be authorized to
sign the Proclamation urging all persons 65 and ever to join Medicare. Adopted by
the following vote:
Ayes: Brust, Slavin, Stiehr (3)
Nays: Kelm (1)
At 12 :00 midnight, Trustee Slavin moved, seconded by Trustee Brust that the
meeting be adjourned to Monday, June 26, 1972 at 8:00 p.m. in the Village Hall.
Motion carried unanimously.
ATTEST:
Village Clerk
APPROVED:
President
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