03/05/1973 (2)136
March 5, 1973
The regular meeting of the President and Board of Trustees of the Village
of Deerfield was called to order in the Council Chambers of the Village Hall
on Monday, March 5, 1973 at 8:10 p.m. The Clerk called the roll and reported
that the following were
Present: Albert E. Brust
George Kelm
Werner E. Neuman
Stephen M. Slavin
Daniel H. Stiehr
M. Jay Turner, Jr.
Absent: Bernard Forrest, President
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 Brust moved, seconded by Trustee Kelm, that Trustee Slavin
be appointed President pro tem. Motion carried unanimously.
Trustee Brust moved, seconded by Trustee Turner, that the minutes of
the regular meeting held February 19, 1973 and -the Special Meeting held February
26, 1973 be approved as submitted. Motion carried unanimously.
Police Chief Report Chief of Police Warren Whitton read a report
on police activities. He stated many 1971
objectives have been realized. He listed areas of improvement and stated much
of the material will be covered in his budget report. In conclusion, he thanked
the Board for its cooperation.
Chief Whitton answered member's questions about the Township Committee
on Youth and the extent to which the Youth Worker is involved in the program,
the increase in narcotics cases, and the policy on the use of radar to appre-
hend speeders. He stated instructions have been given to police officers'-to
remain visible. Lack of adequate space is his major problem.
Trustee Neuman asked that copies of his written report be furnished'to
the Board. The President pro tem thanked Chief Whitton for his report.
Proposals - Financial Consultants Written proposals for services as financial
For Bond Issue consultants for the sale of Sewer System and
Sewage Treatment plant improvements bonds
were received from Howard W. Voss Associates, Benjamin & Lang and Paul D. Speer
and Associates, and a representative from each firm was present to explain their
services more fully. Each representative outlined the services offered, costs
to the Village, and listed governmental agencies they have represented in the
sale of bonds. The representatives of the other two firms left the room for the
individual presentations.
Trustee Neuman moved, seconded by Trustee Turner, that the matter be
put on the agenda for the next meeting, and the manager obtain letters of
r ecummendation from Highland Park, Northbrook and other nearby governmental
agencies listed as references by the firms.
Motion carried unanimously.
A22rove Consent Agenda The Consent Agenda was presented for considera-
tion, with additions and deletions approved
by the Board, as follows:
CONSENT AGENDA
Ordinance amending Sections XXIII,A -2 -b, XXIII,B,2,b and VI,B,(E) of the Zoning
Ordinance to include a public hearing fee of $50.00. (0 -73 -9)
Report and recommendation of the Board of Zoning Appeals re: Fragassi Sign Varia-
tion. Approved, ordinance to be prepared.
Report of Environmental Commission re: Lake County Solid Waste Disposal Plan.
Ordinance prohibiting encroachments on Lake -Cook Road right -of -way. (0- 73 -10)
Ordinance calling regular Village election. (0- 73 -11)
Authorization for President to sign form assuring compliance with Government
regulations in re: Use of Federal Revenue Sharing Funds.
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Trustee Brust moved, seconded by Trustee Neuman, that the rules be waived to
permit action on the above listed ordinances at their first presentation. Motion
c arried unanimously.
Trustee Brust then moved, seconded by Trustee Neuman, that the Consent Agenda
be approved, including passage of the ordinances. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6)
N ays: None (0)
The President pro tem signed the ordinances indlicating approval thereof.
BZA Recommendation A report from the Board of Zoning Appeale recom-
Milwaukee R.R. Variations mended denial of the petition of the Chicago,
Petition Denied Milwaukee, St.. Paul and Pacific Railroad for
variations to permit construction of a building
for housing a wholesale supplier of decorative gravel and stone on a site of less than
5 acres, outside storage of mAterials within 500 ft. of a residentially zoned area;
including parking and an existing encroachment into the required 100 ft. front yard.
Trustee Brust moved, seconded by Trustee Neuman, that the recommendation of the
Board of Zoning Appeals be accepted and the petition be denied.
A representative of the Milwaukee Road Real Estate Department asked the Board
t o.reject the Zoning Board's recommendation. He described the zoning classifcations
of nearby properties and pointed out that Tuohy Lumber Company and the-DX property
had outside storage.
The motion to deny the petition was adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin, Stiehr (5)
Nays: Turner (1)
P.C. Report-Sp. Use Amend. A report from the Plan Commission recommended the
for Deerbrook Jewel Osco amendment of the existing Special Use for the
Authorize Ordinance Deerbrook Shopping Center to permit expansion of
the building leased to and occupied by the Jewel
Food Store, the addition to be occupied by the Osco Division of Jewel Companies, Inc.
Discussion was had on additional landscaping for the Shopping Center. Mr.
Joseph Valenti, owner of Deerbrook, stated additional landscaping is planned but has
been deferred because of the proposed widening of Waukegan and County Line Roads.
Trustee Kelm moved, seconded by Trustee Brust, that an ordinance be prepared
amending the Special Use as recommended by the Plan Commission.
Motion carried unanimously.
P.C. & BZA Reports A report from the Board of Zoning Appeals
Goodyear ServiceStore recommended that a variation be granted to permit
Authorize Ordinances parking 20 ft. from the front property line with a
20 ft. greenbelt planting as a screen for the
proposed Goodyear Service Store at the northeast corner of Waukegan and County Line
Roads.
A report from the Plan Commission recommended that a Special Use be approved
to permit the Goodyear Service Store subject to compliance with the Site Plan as
s ubmiited, and the following conditions: 1) Hours be stated from 8 A.M. to 5:30 P.M.
5 .days per week, one -half day on Saturdays, no Sunday or evening hours; 2) The pavement
be terminated at the 2# ft. parking setback and the area used for landscaping, approved
by the building commissioner; and 3) Effective landscape screening, as approved by
the building commission, in the area immediately adjacent to and to the north and east
of the building, in lieu of the 8 ft. fence as required by Covenant.
Trustee Stiehr moved, seconded by Trustee Neuman, that the Plan Commission's
recommendation be accepted and the ordinance be prepared including Items 2 and 3
as set forth above, Item 1 to be eliminated.
Trustee Brust moved, seconded by Trustee Turner, that the motion be amended to
include the requirement for landscaping in accordance with plins to be submitted by
the developer and approved by the:Board of Trustees. Adopted by the following vote:
Ayes: Brust, Kelm, Slavin,Turner (4)
Nays: Neuman, TuY'trer (2)
* Stiehr Corrected 3/19/73
[38
The motion as amended failed on a tie vote as follows:
Arat Bxut�:...Keli,..tiehir C3)'
Nays: Neuman,'Slavin, Turner (3)
A lengthy discussion was had on a requirement for Board approval of land-
scaping plans and noise from the operation of a tire service facility.
Trustee Neuman then moved, seconded by Trustee Kelm, that the recommenda-
tion of the Plan Commission be accepted, including Items 2 and 3, and the
ordinance be prepared with the additional provisions that the building be
operated with doors closed at all times except for ingress and egress, and the
building commissioner be authorized to insist on landscaping and.landscape
s creeening designed to abate noise and serve as a sound barrier, the land-
scaping plans,to be submitted with the application for a building permit.
Adopted by the following vote:
Ayes: Kelm, Neuman, Slavin, Stiehr, Turner (5)
Nays: Brust (1)
Trustee Kelm moved, seconded by Trustee Brust, that the recommendation of
the Board of Zoning Appeals be appproved and an ordinance be prepared in accord-
ance with the recommendation.
Motion carried unanimously.
Resolution Approving 3rd Trustee Kelm moved, seconded by Trustee
Amendment to D.eerbrook Annexation Stiehr, that the Resolution be adopted
Agreement-Recreation Bldg. approving a third amendment to the Annexa-
(R -73 -6) tion Agreement between the Village of Deer-
field and Northwest National Bank' of
Chicago, as trustees under Trusts No. 481 and 122, and Joseph E. Valenti, de-
veloper, pertaining to the location of a free - standing recreational building at
the southwest corner of the Deerbrook Shopping Center. Adopted by the following
v ote:
Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6)
N ays: None (0)
The President pro tem signed the resolution indicating his approval thereof.
Ordinance Amending Sp. Use Trustee Kelm moved, seconded by Trustee Brush,
Deerbrook Recreational Bldg. that the ordinance be passed amending a'
(0- 73 -12) Special Use - Deerbrook II - Recreational
Building, a site plan showing all changes
a ttached thereto and made a part thereof. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6)
N ays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
In answer to.Trustee Neuman's question, Mr. Valenti stated a walk would
be provided for pedestrians and bicyclists for access to the recreational
building, and he has referred the matter to Barton ana Ashman, traffic engineers,
for a recommendation on location of the walk. Copies of the engineer's report
will be sent to the Safety Council and manager.
The meeting was recessed at 10:35 p.m. and re- convened at 11 :00 p.m.
Ordinance Approving Planned Trustee Brust.moved,'seconded by Trustee
Development-Hovland Lots 131 Neuman, that the ordinance be passed approving
and 132 (Gustie) a Planned Development of Lots 131 and 132,
(0- 73 -13) Hovland Subdivision, and establishing conditions
for approval of the final plat.
Discussion was had on the condition that the owner covenant and agree to pay
a proportionate share of the cost of full street improvements if a proposed street
is constructed along the south side of Lot 4 of the resubdivision, and whether
this condition is meaningful. Several members..stated the requirement for bond or
escrow for a future street should be reviewed inasmuch as the Board has approved
several exceptions.
Trustee Stiehr moved, seconded by Trustee Kelm, that the ordinance be amended
to include the provision that the -owner, Mrs. Pat Gustie, post bond or escrow for
the proposed street for a 5 year period, deleting the requirement for a covenant.
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Adopted by the following vote:
Ayes: Kelm; Slavin, Stiehr, Turner (4)
Nays: Brust, Neuman (2)
The President pro tem questioned whether the ordinance should be passed without
Mrs. Gustie present since a substantial change has been made. The Village attorney
suggested that, in lieu of a covenant, a technique be used which would in effect, be a
mortgage on the property, the land being security, thereby securing a promise to pay
if a street is put in. Special assessments for a future street were suggested.
Trustee Stiehr pointed out that the whole property would not be assessed, but only
those lots created by a resubdivision of Lot 4.
The ordinance, including the requirement for bond or escrow for 5 years, was passed
with the following vote:
Ayes: Brust, Kelm, Slavin, Stiehr, Turner (5)
N ays :. None (0)
Pass: Neuman (1)
The ordinance will be re -typed for the President's approval and signature.
Postpone Action -Ordinance Trustee Neuman moved, seconded by Trustee Brust,
Re: Human Relations Corp. that action on the ordinance amending Article XII
of Chapter 27 of the Municipal Code, pertaining
to the Human RelationsCommission, its powers and procedures, be postponed until the
next meeting. Adopted by the following vote:
Ayes. _ iBrus-t;. _Neuman: Slavin, Turner (4)
Nays: Kelm, Stiehr (2)
No Exclusion -Class Action
Suit- Auto Corporations
Corporation, Trustee Brust moved,
request exclusion from the class.
Motion carried unanimously.
In connection with a class action suit filed by the
Attorney.General of the State of Illinois against
General Motors, Ford Motor Company and Chrysler
seconded by Trustee Stiehr, that the Village not
Re: Sewer Improvement Discussion was had on proceeding with storm and
Priorities sanitary sewer improvements covered in the bond
referendum, and establishing priorities for this
work. Baxter and Woodman would prepare plans and specifications based on these
priorities in order to start construction as soon as possible. It was suggested that
the question of priorities be referred to the Sewer Committee and Citizens Flood
Committee for their recommendations.
Trustee Brust moved; seconded by Trustee Neuman, that the Village engineer submit
recommendations on priorities for sewer improvements, and his report be put on the
agenda for the next meeting.
Motion carried unanimously.
Supplemental Resolution The manager reported that Cook County Highway
$1000 MFT for CS 33 Department had asked the Village to appropriate
Revoke'$36000 Resolution $36,000 for right turn lanes at the Waukegan - County
"(R -73 -5) Line Road intersection. A resolution appropriating
$35,000 from Motor Fuel Tax funds had been adopted
September 20, 1971, for this work, designated as Section CS 33. At the last meeting,
a resolution was adopted appropriating the.full amount of $36,000, which has not been
f orwarded to the State for approval. A Supplemental Resolution appropriating an
additional $1,000 has been prepared which, with the previously appropriated $35,000,
will provide the $36,000 requested by Cook County.
Trustee Kelm moved, seconded by Trustee Turner, that the resolution appropriating
$36,000 be revoked, and the Supplemental Resolution be adopted appropriating an
additional $1,000 from Motor Fuel Tax Funds for right turn lanes at the Waukegan- County
Line Road intersection, Section 33 CS. Adopted by the following vote:
Ayes: Brust,-Kelm, Neuman, Slavin, Stiehr, Turner (6)
N ays: None (0)
Accept_ Proposal Ernst & Because of a conflict of interests, President pro tem
Ernst for Audit $8,000 Slavin left the meeting, and Trustee Kelm presided.
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*Turner Corrected 3/19/73
Five firms submitted quotes for audit of the Village's finances. Trustee
Brust moved, seconded by Trustee *Kel&T that the proposal of Ernst and Ernst be
accepted for audit of Village funds, at a cost not to exceed $8,000.
Trustee Brust explained reasons for acceptance of the Ernst and Ernst
proposal, stating that while the cost seemed to be highest, it best meets the
type of audit report desired by the Board and includes preliminary clerical
work such as trial,balances, preparation of account analyses, etc., which in the
past has been prepared by the Finance Director.
The motion was adopted by the following vote:
Ayes: Brust, Neuman, Stiehr, Turner (4)
N ays: None (0)
P ass: Kelm (1)
The manager stated he will ask the finance department to give full assist -
a nce.to the auditors, as in the past, and he is sure the staff will do its ut-
most to comply.
Trustee Slavin re- entered the meeting and presided as President pro tem.
Trustee trust then moved, seconded by Trustee Neuman, that the.Ernst and
Ernst proposal dated February 5, 1973 be modified as follows: 1) The necessary
fixed assests records be developed so that the firm can present an unqualified
opinion; 2) The Village staff to supply clerical services as in the past; 3) The
Finance Committee shall provide liaison with Ernst,,and Ernst, and will have peri-
odic conferences with the firm during the audit, all reports to be distributed
to the entire Village Board; 4) Ernst and Ernst will wait until October, 1973
to analyze the finance systems then in use, except as indicated below, and 5)
Ernst and Ernst will reconstruct and analyze the appropriateness of all charges
to the three enterprise accounts, i.e., water, sewer, and refuse collection,
concentrating efforts regarding managementsyatew,,proposals to these three
accounts; Ernst and Ernst to submit a cost estimate for development of the
n.'ecesd�Lry fixed assets records in order that the Board may get an unqualified
o pinion.
A lengthy discussion ensued on the need for a fixed assets record and the
analysis of the water, sewer and scavenger collection accounts.
The motion was adopted by the following vote:
Ayes: Brust, Neuman, Stiehr, Turner (4)
N ays: None (0 )
P ass: Kelm (1)
Abstaining: Slavin (1)
Authorize $500 .-Box In connection with the proposed Homart
County Line Rd'. Traffic Study development on the south side of County
Line Road in Northbrook, the manager reported
the City of Highland Park had engaged Paul Box for a traffic study, and proposed
that Deerfield pay half the total cost of $1,000. Both Deerfield and Highland
Park have opposed the project because of traffic congestion which result from
the development of a shopping center and apartment complex. The Village attorney
stated Highland Park had written to the Chairman of the Lake County Board,
asking that the County desist from cooperation with Cook County in the widening
of County Line', Road.
Trustee Neuman moved, seconded by Trustee Turner, that the Board authorize
the expenditure of $500 for a traffic study jointly with Highland Park to be
made by Paul Box Associates. Adopted by the following vote:
Ayes: Brust, Kelm, Neuman, Slavin, Stiehr, Turner (6)
N ays: None (0)
There being no further business, on-motion-by Trustee Turner, seconded
by Trustee Stiehr, the meeting was adjourned at 12 :25 a.m.
APPROVED:
President
ATTEST:
Village Clerk