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October 1, 1973
The regular meeting of the President and Board of Trustees of the'Village of
Deerfield was called to order by the clerk, in the absence of the President, in the
Council Chambers of the Village Hall on Monday, October 1, 1973 at 8:03 p.m. The clerk
then called the roll and reported.that the following were
Present: Albert E. Brust
Norma Gavin
Walter H. Moses, Jr.
Werner E. Neuman
Daniel H. Stiehr
Absent: Bernard Forrest, President
George Kelm
and that a quorum was present and in attendance at the meeting. Also present were
Mr. Richard Houpt, Village attorney, and Mrs. Marjorie Emery, assistant to the manager.
Trustee Moses moved, seconded by Trustee Stiehr, that Trustee Brust be appointed
President pro tem. Motion carried unanimously.
Proclamations
The following Proclamations were presented:
American Cancer Society bike- a -thon; October 13 and 14, 1973
March of Dimes Walkathon; October 28, 1973
Lions Club Candy Sale Day; October 12, 1973
Trustee Neuman moved, seconded by Trustee Moses, that the Proclamations be approved,
to be signed by the President. Motion carried unanimously.
trustee Neuman moved, seconded by Trustee Stiehr, that the minutes of the
regular meeting held September 17, 1973 be approved as submitted. Motion carried
u nanimously.
Consent Agenda The Consent Agenda, with additions and deletions,
was presented for consideration, as follows:
CONSENT AGENDA
Ordinance deleting Section 13.203 Minors, Chapter 13, Article II - Billiard and Pool
Halls, Municipal Code of Deerfield. (0- 73 -51)
Ordinance amending Section XVII,B, entitled "Signs" of the Zoning Ordinance, setting
forth, definitions, regulations and permit fees; pamphlet publication. (0- 73 -52)
Plan Commission recommendation and first presentation of ordinance establishing bond
or escrow requirements for R -1 -B zoned Planned Developments.
Appointment of Mrs. -Wayne. Cole to`tfir.ee-.year -term on'.the Environmental .Commission, as
recommended by the Manpower Commission.
Authorization for President to send letters to Bannockburn and Northeastern Illinois
Planning Commission regarding sewage treatment plant expansion and treatment
of a portion of Bannockburn's sewage.
Ordinance vacating south 28 feet of Berkley Court extending easterly from Wilmot Road
to Woodland Park, with Plat of Vacation. (0- 73 -53)
Trustee Neuman moved, seconded by Trustee Stiehr, that the rules be waived to permit
action on the above ordinances, except the Amendment to the Zoning Ordinance, at their
first presentation. Motion carried unanimously.
Trustee Neuman then moved, seconded by Trustee Moses, that the Consent Agenda
be approved, including passage of the ordinances. Adopted by the following vote:
Ayes: Brust, Gavin, Moses, Neuman, Stiehr (5)
Nays: None (0)
President Forrest entered the meeting at 8:10 p.m. and presided thereafter. He
then signed the ordinances passed by the Board, indicating his approval thereof.
Ordinance- Zoning Amendment The ordinance was presented amending Sectinns XXII,C,
Re: BZA, Variations, Signs XXII,F, XXII,G, and III of the Zoning Ordinance,
(0- 73 -54) pertaining to the Board of Zoning Appeals, variations,
signs and a definition of "Zoning Lot ",
-2d 2 2
Trustee Neuman moved, seconded by Trustee Moses, that the rules be waived
to permit action on'the ordinance at its first presentation. Motion carried
u nanimously.
Trustee Neuman then moved, seconded by Trustee Moses, that the ordinance
be passed, and published in' pamphlet form:-.Adopted by the following vote:
Ayes: Brust, Gavin, Moses, Neuman, Stiehr (5)
Nays: Nnne (0)
The President signed the ordinance indicating his approval thereof.
Table Ordinance & Plat The Plan Commission recommended approval of
Chesterfield Laurel Hill #8 and had signed the final plat of Chesterfield's
Laurel Hill Subdivision, Unit No. 8, a three
lot resubdivision of Lot 51, J. S. Hovland's First Addition to Deerfield, as a
Planned Development in the R -1 -B District.
Discussion was had on the letter of credit, good for one year, filed by
Chesterfield Builders for the improvement of a proposed street on the westerly
30 ft. of the subject property, dedicated by the plat of subdivision. Trustee
Stiehr stated a revision of the bond and escrow requirements is planned, and
hoped it would be accomplished in less than a year.
The Village attorney stated the plat could be approved subject to the
submission of the letter of credit or bond, and a letter agreeing to provide
some other security satisfactory to the Board. He pointed out that the Board
had heretofore passed an ordinance approving a two lot planned development of
Lot 51, subject to posting bond or escrow for the proposed street and filing
a final plat conforming to the preliminary plat, as requested by Gordon and
Helen Vines, but no final plat had been submitted. The plat under considera-
tion if for a three lot subdivision, and therefore, it will be necessary to
pass an ordinance approving this planned development, which he has prepared.
Trustee Moses stated he was totally unfamiliar with the background of
the proposed resubdivision and could not vote on any matter of which he had no
k nowledge.
Trustee Neuman moved, seconded by Trustee Brust, that the ordinance and
final plat be tabled. Adopted by the following vote:
Ayes: Brust, Gavin, Moses, Neuman (4)
Nays: Stiehr (1)
Trustee Moses asked that a history of the proposed development be prepared
in order that he might have some knowledge of the background.
Discussion - H.S. Drive Area In connection with complaints about littering,
Littering, Loitering, Damage loitering and property damage on High School
Drive and nearby private property, Youth
Worker Tom Creighton reported he had contacted students, faculty and the High
School administration and discussed the problem. Those he had talked to, in-
cluding the students, sympathized with the homeowners, but had no solutions to
the problem. About 100 to 150 students loiter there, particularly in the morning
before school and after school. During the day about 65 students leave the High
School grounds and congregate there to smoke, eat lunch, meet friends, which
results in litter, is a nuisance to neighbors, with damage to both public and
private property. A profile of students who loiter in this area indicates that
most are antagonistic towards the Police Department, the school and the "Estab-
lishment", and are not amenable to peer pressure.
The suggestion that much of the problem would be resolved by providing
an area on campus for smoking, meeting friends and general "hanging around"
was discussed with students, faculty and other adults, as well as the adminis-
trators of 10 to 12 other schools, but there were no clear -cut answers on what
should be done. Some of the schools permit smoking on campus, others do not.
Some recommendations on possible solutions to this complex problem were made, but
again, there was no consensus.
Mr. Creighton recommended that a committee be formed consisting of a-repre-
s entative from the Police Department, the High School Board, the Village Board,
the North Trails Homeowners Association, the High School P.T.O., the Youth Council,
a youth representative from the Student Council and other youth organizations to'
consider the following: 1) enforcement of present and proposed laws and ordinances
(criminal damage, disorderly conduct, trespass and anti - littering and loitering
laws); 2) look'closely at a smoking area on campus, although the final decision
w ill be made by the High School Board; and 3) provide trash receptacles in the area
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but they may not last too long.
A lengthy discussion was had on the problem, in which members of the High School
Board, the Student Council, North Trail Homeowners and Trustees participated. Dr.
Herbert Neil, President of the High School Board, stated the Board and school admin-
istration had discussed the problem many times over the past four years, and it was the
consensus that the rule prohibiting smoking on school property should be retained. A
large majority of the parents concur. He suggested as a partial solution, the enactment
of anti - littering and anti - loitering ordinances by the Board of Trustees.
The permanent closing of the gate at High School Drive was suggested, but it
was pointed out this would inconvenie ace_ many-studein;ts, who,,use; this - entrance to go to
and from school. Trustee Neuman stated there were enough laws to protect the home-
owners and these laws should be enforced by the Police Department, even if it necessary
to station a police officer at this location for several months during the hours when
students congregate there. Since the problem is mainly one of discipline, he recommended
the student government establish and enforce a strict honor code unless they want the
Police Department, homeowners and Village Board to take over control.
Mr. Seymour Rothstein, a member of the High School Board, stated he did not feel
the Board had authority to control students' actions off campus. Vandalism and trespass
are the Village's responsibility. It was his opinion that School Board, Village Board,
Student Council and Police Department cooperation will be necessary and desirable in
arriving at a solution to the problem.
Mr. William Diamond, 990 Summit Drive, President of the North Trail Homeowners
Association, stated the4Assogia:t; on had passed a resolution asking the Board of Trustees
to request the High School Board to set aside an area on campus for congregating and
smoking, and stating the Association will cooperate with the Board of Trustees in
passing and enforcing an anti - littering ordinance on High School Drive.
Mr. Frederick Finne °,fl 935 Summit, stated the neighborhood was deteriorating
day by.day as a result of.vandalism and littering, and some area must be provided on
campus for students to congregate and smoke. He stated that Mrs. Doris Dickerson,
a resident of North Trails, had spent the day talking with adminstrators of High
Schools on the North Shore. She reported that on campus smoking_areascarerprovided at
Forest View High School, New Trier, Arlington Heights, Lake Forest and Prospect Heights
High Schools. Many stated the number of students who smoke had 'not increased as a
result of setting aside an area for smoking, and the problem of litter on nearby
residential property had decreased. Dr. Karl Plath stated there were many varying
opinions held by administrators regarding on campus smoking, and pointed out that
the question of on campus smoking involved many more people than those in North Trails
.Subdivision. The Board and administration has an open mind on the question, he said.
Chief of Police Warren Whitton stated the Police Department has not been too
successful in enforcement of ordinances on littering, vandalism and trespass in the
area.-:since it is necessary for a witness to sign a. complaint. He has not studied the
new legislation but it appears to be comprehensive enough to be helpful in controlling
littering and loitering. He stated he could not see strict enforcement as a permanent
solution to the problem.
President Forrest proposed proceeding with the establishment of a committee as
recommended by Mr. Creighton, who was asked to submit a written report. Trustee
Stiehr offered to serve on this committee as a representative of the Board of Trustees.
The President also will serve. Trustee Brust stated he would like to see a smoking
area provided by the School Board, at least temporarily, while the committee is in-
vestigating the problem. Dr. Neil stated this would be taken up at the next Board
meeting, and they will proceed with the formation of a committee.
.The meeting was recessed at 9:40 p.m., and reconvened at 9:50 p.m.
Postpone Finance Com. Report Trustee Brust stated Trustee Kelm had asked for
Countryside Water Request postponement of the Finance Committee's report on
water rates for Glenbrook- Countryside Water Company.
He stated the Municipal Code sets rates for water service to premises outside the
corporate limits, and also prohibits the resale of water.
P.C. Report - Laurel Hill #7 A report from the Plan Commission recommended the
Rezoning & Subdisivion rezoning of property on the south side of the 1100
block of Country Lane to the R -2 Single - family
District, and approval of the preliminary plat of subdivision with cul -de -sacs 80 feet
in diameter and 50 feet .in width, to be known as Chesterfield's Laurel Hill Unit V.
Authorize Ordinance- Approve . Trustee Neuman moved, seconded by Trustee Moses,
Preliminary Plat Laurel Hill #7 that the Plan Commission's recommendation be accepted,
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the Village attorney be directed to prepare the ordinance rezoning the subject
property, and the preliminary plat of Laurel Hill Unit #7 be approved.
Motion carried unanimously.
P.C. Report - Laurel Hill #9 A report from the Plan Commission recommended
Authorize Ordinance approval of the planned development of the
Approve Preliminary Plat 16 lot resubdivision of property on Rosewood
Avenue between Fairview and Willow Avenues,
to be known as Chesterfield's Laurel Hill Unit #9, with the Burr Oak Court cul-
de-sac 343 feet in length.
Trustee Stiehr moved, seconded by Trustee Neuman, that the Plan Commission's
recommendation be accepted, the preliminary plat be approved, and the Village
attorney be directed to prepare the ordinance approving the planned development.
Motion carried unanimously.
Attorney's Report Re: The Village attorney reported the Municipal
Littering & Loitering Code covers loitering but similar ordinances
have been held invalid by the Court as too
broad. Only loitering which impedes traffic, either vehicular or pedestrian, can
be prohibited and sustained. The Municipal Code has adequate provisions to con-
trol littering. The State law on litter control will become effective January 1,
1974. This law can be enforced by the Police Department with prosecution by the
State's attorney, or can be incorporated in the Municipal Code with enforcement
and prosecution by the Village, in which case, the Village will get any fine.
Report-P.D. Incentive Program The Chief of Police reported the incentive
Appraisal by Finance Committee program had been established to provide addi-
tional compensation for outstanding work to
Lieutenants, Sergeants, radio operators, Officers in Charge, and other specialists
serving in positions of added responsibility. The program is administered by the
Department head, and personnel are evaluated periodically; if the employee does
not merit the additional compensation, he does not receive it. He stated the
effectiveness and overall performance of the Department had been elevated by the
program although not all of the funds allocated had been spent.
Discussion was had on the pros and cons of longevity and merit salary
increases. The Chief stated he-did not believe in longevity raises after the
top salary grade is attained; raises then should be based solely on merit.
Trustee Neuman stated there had been no appraisal of the incentive program by
the Board as long as he had been a member, and it was his opinion such an appraisal
should be made to evaluate the program.
Trustee Brust moved, seconded by Trustee Moses, that the incentive program
for the Police Department be referred to the Finance Committee for review and
evaluation.
Motion carried unanimously.
Finance Committee Report The Finance Committee reported the Treasurer's
on Monthly Treasurer's Report report is now in good working order, and
proposed that the next report be presented as
an agenda item with a fifteen to twenty minute explanation by the Treasurer at
the October 15th meeting. Thereafter, these reports would be put on the Consent
Agenda on the same night as the pre -list of bills is presented, unless some
questions are raised.
Trustee Moses stated he could not understand the Treasurer's reports.
Trustee Neuman stated the format had been devised to alert the Board on problem
areas, such as cash flow. He suggested the present format be used for several
months to determine if it provides the information needed. He stated he was
not opposed to a workshop meeting on the subject, but suggested that any Trustee
having questions on the report take them up with the Treasurer before any meeting
is scheduled.
Engineer's Report- Lincolnshire A report from the Village engineer stated an
Storm SEwer Outfalls application has been filed with the Department
of Waterways for the construction of outfall
sewers on the West Fork of the North Branch of the Chicago River in Lincolnshire.
Development of a 41 acre site with multiple family dwellings and offices is pro-
posed by the Hawthorne Realty Group, and the sewers are designed only for a five
year storm. On -site detention facilities will be provided as required by the Lake
County .County Ordinance.
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President Forrest stated this matter had been brought to his attention by
State Senator Karl Berning and, because of concenr about possible flooding of down-
stream communities, Senator Berning had filed an objection to the issuance of the
permit. This morning a letter was received from the Division of Waterways stating
action would be held in abeyance until the Village can study the matter.
It was suggested to the developer that he set up a meeting this Thursday to
discuss the proposal with President Forrest, Senator Berning and the Village Engineer.
President Forrest asked Mr. Soyka to review the County Ordinance on site storm water
detention, and to keep the Board informed on any developments.
Accept Kennedy Bid $468,148 Decision was made at the September 17th meeting to
Oxford Storm Sewer in Street postpone a vote on the motion, duly made and seconded,
to reject all bids on the Oxford Road storm sewer
construction, to re- advertise for bids for under the street pavement installation of
the storm sewer, all bidders required to attend a pre -bid conference, and qualification
of bidders to be established prior to distribution of bid forms. Upon roll call, the
motion to reject all bids failed by the following vote:
Ayes: Brust, Neuman (2)
Nays: Gavin, Moses, Stiehr (3)
Discussion was had on whether the George W. Kennedy Construction Company,.the
low-bidder, could do a satisfactory job. It was pointed out that a performance bond
from a reliable company must be filed before the contract is executed. Trustee Gavin
stated the public eye would be on the job and it was therefore probable that Kennedy
would do a better "housekeeping" job than in the past. A member of the audience stated
Mr. Kennedy's bid was based on Village plans and specifications after consultation
with an independent engineer, and inspection by the engineer would insure that the
work was done in compliance with plans. Several residents of Oxford Road urged that
the sewer be installed under the.street pavement to avoid damage to trees and shrubs.
Trustee Moses moved, seconded by Trustee Gavin, that the Board reconsider the
low bid submitted by the George W. Kennedy Construction Company for under the street
construction of the Oxford Road sewer which, by roll call vote, had not been accepted at
the September 17th meeting. Adopted by the following vote:
Ayes: Gavin, Moses, Stiehr (3)
Nays:- Brust, Neuman (2)
Trustee Moses moved, seconded by Trustee Gavin, that the low bid of $468,148
submitted by George W. Kennedy Construction Company for the Oxford Road storm sewer
installation under the street pavement be accepted. Adopted by the following vote:.
Ayes: Gavin, Moses, Stiehr, Forrest (4)
Nays: Brust, Neuman (2)
Authorize Stratford Sewer Discussion was had on the manager's memorandum
Bids for Under Street requesting guidance on Phase II storm sewer improve -
Construction ments and whether bids should be requested for
both parkway and under the street construction.
The next project is a new storm sewer in Stratford Road, an older neighborhood with
mature trees and plantings. Both Trustees Moses and Neuman stated that each project
should be considered separately, and decisions on parkway or in the street construction
should be based on conditions. Mr. Soyka stated it was his opinion there would be
problems if bids were requested for both parkway and under the street construction.
Trustee Stiehr suggested that bids be taken for under the street construction, with
parkway installation as an alternate bid; the Board could then base its decision on
location on a known cost differential.
Trustee Moses stated that four of the five bids received for the Oxford Road
project were not substantially higher for.under the street installation, and in one case
/ was less. If alternate bids are requested, and bids are too high, the Board can
reject them.
Trustee Neuman moved, seconded by Trustee Moses, that bids on the Stratford Road
sewer project be taken for under the street installation. Adopted by the following
v ote:
Ayes: Brust, Gavin, Moses, Neuman (4)
Nays: Stiehr (1)
Trustee Neuman commended the Village engineer, and stated that the criticism
of bidding procedures in connection with the Oxford Road sewer were /in any way directed
toward him. * not
* Corrected 10/15/73
2)
Authorize Ordinance The Village engineer recommended that the
Maint. of Water Mains Village maintain all water service lines
from the main to the service shut -off. The
present ordinance limits Village maintenance to mains only.
Trustee Neuman moved, seconded by Trustee Stiehr, that the Village
attorney prepare the necessary amendment to effectuate Mr. Soyka's recommendation.
Motion carried unanimously.
Trustee Moses stated the Safety Council has not discussed the ordinance
prohibiting vehicles from exiting onto Chestnut Street from the south driveway
at the railroad station, and asked that it be removed from the agenda until a
report is received from the Council.
Request Paul Box Proposal Trustee-Moses stated that resubdivision•and
Hovland Traffic Study developments in Hovland Subdivision have
brought about many requests for stop signs
and reductions in speed limits. The Safety Council has, from time to time, recom-
mended erection and the taking down of stop signs, but he felt it was time to
hove Paul Box and Associates make a study of the area and come up with a plan
for stop signs and speed.limits. He recommended that Mr. Box be hired to make
a traffic study in the Hovland area.
Trustee Neuman moved, seconded by Trustee Gavin, that Paul Box and Asso-
ciates be asked to submit a proposal for a traffic study in accordance with
Trustee Moses' recommendation.
Motion carried unanimously..
Table Ordinance:Re Nursing Homes An ordinance was presented establishing regu-
lations and fees for nursing homes. Trustees
Moses and Brust stated they saw no reason to license and regulate nursing homes.
Trustee Brust pointed out nursing homes are licensed and inspected by the State.
Trustee Neuman moved, seconded by Trustee Moses, that this item be tabled.
Motion carried unanimously.
Ordinance -Mun. Code Amend.
The ordinance
was presented establishing a
Sec. 13.302 -Fee for Bowling
license fee,
the amount not specified, for
Lanes
each bowling
lane in the licensed premises,
(0- 73 -55)
an amendment
to Section 13.203 of the Municipal
Code.
Trustee Neuman moved, seconded by Trustee Gavin, that the annual license
fee be set at $10.00 for each bowling lane. Motion carried unanimously.
Trustee Neuman moved, seconded by Trustee Gavin, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
u nanimously.
Trustee Neuman moved, seconded by Trustee'Gavin, that the ordinance be
passed as presented, with a license fee of $10.00 for each bowling lane. Adopted
by the following vote:
Ayes: Brust, Gavin, Moses, Neuman, Stiehr (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Postpone C of 0 & Special A letter from the Deerfield State Bank
Use Ordinance -815 Waukegan requested the issuance of a Certificate of
Occupancy for the Potting Post at 815 Waukegan
Road, and stated that the parking needs of this will be satisfied by the demolition
of the building formerly occupied by Harry's Grill and converstion of the site to
a parking lot. The wrecking permit will have been applied for by October 1, 1973.
Trustee Neuman moved, seconded by Trustee Stiehr, that the issuance of
the Certificate of Occupancy be postponed until required parking is available.
Mr. Allyn Franke stated that anything that be done to expedite the issuance
of the permit would be appreciated, since the owners of the business are most
anxious to get started. The Village attorney stated an ordinance granting the
special use must be passed to permit two businesses in one building. If there is
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a determination of the required number of parking spaces, the ordinance can be passed
and the Building Department can issue the Certificate of Occupancy upon compliance
with parking requirements.
Mr. Franke stated he was sure the bank would make every effort to provide the
necessary parking spaces. Motion and second were withdrawn, and President Forrest
stated the matter would be on the agenda for the next meeting.
Reports - Communications In connection with a letter from the Continental Air
Transport, an airport bus sign will be installed
at the bus stop. Trustee Stiehr suggested the schedule also be posted.
A report was received from the Village attorney on new legislation. President
Forrest stated he felt the Village ordinance should conform to the new State law
which permits the sale and consumption of beer and wine to persons 19 years of age.
Trustee Moses stated the new law which permits leaf buring if authorized by local
ordinance is under study by the Environmental Commission. It was suggested the Safety
Council look into the law which permits right turns on red unless posted that such
turns are prohibited. President Forrest asked the Village attorney to prepare an
ordinance authorizing the Village to remove garbage and debris from private property.
Trustee Brust asked that a report on Police Department training be put on the
agenda very soon.
President Forrest reported that a letter from the For.estjPr.esekve'District stated
the sawmill site is being reopened for disposal of Dutch Elm diseased trees.
Ordinance Approving7k, D.Lot 51, Mr. Fred Hillman, Chesterield Builders, asked
Hovland Sub. (Chesterfield) the Board to reconsider its tabling of the Laurel
(0- 73 -56) Hill Unit #8 Subdivision. He explained he is
anxious to start work before inclement weather sets
in. The Village attorney explained it will be necessary to pass the ordinance he has
prepared approving the planned development of Lot 51, Hovland Subdivision, as a three
lot subdivision. A previous ordinance approved the planned development as a two lot
subdivision for Gordon and Helen Vines, but no final plat had been presented for
approval. Trustee Neuman left the meeting at 11:55 p.m.
Trustee Moses moved, seconded by Trustee Stiehr, that the matter be taken off
the table. Motion carried by the following vote:
Ayes: Gavin, Moses, Stiehr, Forrest (4)
Nays: Brust (1)
Thesordiaiaace was presented approving the planned development of Lot 51,
Hovland Subdivision. Trustee Stiehr moved, seconded by Trustee Moses, that the rules
be waived to permit action on the ordinance at its first presentation. Motion carried
u nanimously.
Trustee Moses moved, seconded by Trustee Stiehr, that the ordinance be passed
as presented. Adopted by the following vote:
Ayes: Gavin, Moses, Stiehr, Forrest (4)
Nays: None (0)
P ass: Brust (1)
The President signed the ordinance indicating his approval thereof.
Approve Final Plat
Laurel Hill Sub. Unit #8
authorized.
Motion carried unanimously.
Trustee Stiehr moved, seconded by Trustee Moses, that
the final plat of Chesterfield's Laurel Hill Sub-
division, Unit #8, be approved and execution thereof
There being no further business, on motion by Trustee Stiehr and seconded by
Trustee Moses, the meeting was adjourned at 12:00 midnight.
ATTEST: ,y
Village Clerk
APPROVED: 1
President