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April 7, 1975
The regular meeting of the President and Board of Trustees of the Village
of Deerfield was called to order by the President in the Council Chambers of the
Village Hall on Monday, April 7, 1975 at 8:12 p.m. The clerk called the roll and
reported that the following were
Present: Bernard Forrest, President
Norma Gavin
George Kelm
Lester T. Moate
Walter H'. Moses, Jr.
Daniel H. Stiehr
-Absent: None
and that a quorum was present and in"lattendance at the meeting. Also present were
Messrs. James Stucko, representing the'Village attorney, and Norris Stilphen, manager.
Trustee Kelm moved, seconded by Trustee'gavin, that the minutes of the
rcgular meeting held March 17, 1975 be approved as submitted. Motion carried, Trustee
Moses, who had not been present at the meeting, passed.
The applicant was not present for. "a Public Hearing on the request of Travel
Assist, Inc. for a Certificate of Public Convenience and Nessity to operate a livery
swvice for the handicapped.
Approve Consent Agenda The Consent Agenda, with one deletion, was
presented for consideration, as follows:
CONSENT AGENDA
Ordinance granting a sideyard variation from the provisions of the Zoning Ordinance
at 1155 Hackberry Road (DePersio). (0- 75 -10)
Resolution appropriating $19,000 from Motor Fuel Tax funds for traffic signal
modification at Deerfield Road, Kenton and.Kipling Avenue.
Designation by the President of April 17, 1975 as Arbor Day, as requested by the
Environmental Commission.
Trustee Kelm moved, seconded by Trustee Moses, that the Consent Agenda be
alproved, including passage of the ordinance. Adopted by the following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof..
Authorize Atty. to Negotiate re Discussion was had on a proposed agree-
Package S.T.P., Recapture & ment between the Village of Deerfield
Ag Bement and James DiPietro, Salvatore Buccola,
S. Guy Fishman, Joseph Ceisel, James
O'Halloran, Jr., and Chesterfield Builders regarding the package sewage treatment
plant to be installed by the developers. Mr. Stucko stated the Village cannot
reserve two - thirds of the capacity of the facility for -the developer ,as requested,
the remaining one -third to be made available to other users who would.pay costs;on a
a pro rata basis. The Village must permit taps on a first -come first served basis.
He said there is risk in a recapture ordinance for sewage treatment facilities
which cannot list specific properties subject to the recapture, and the Village
cannot guarantee against attack by a third party, Trustee Moses stated he was
opposed to a recapture which provides for profit and interest.
The Village engineer said improvements and expansion of the Village-Is
se7age treatment plant will take 2 to 2 -1/2 years to complete, whereas the package
plant can be in operation in 4 to 5 months. He stated it would be more economical
to use the sewage treatment plant when completed, and discontinue the use of the
p ackage plant.
Trustee Moses moved, seconded by Trustee Kelm, that the Village attorney be
directed to carry on further negotiations with the developers regarding the re-
cq)ture ordinance, and to redraft the Agreement.
Motion carried unanimously.
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Mr. Buccola stated the developers would like to proceed as quickly as possible.
Hesaw no reason why the package plant should not continue to be used-after completion
of the Village's plant, but if it is to be phased out there is equipment that can be
salvaged. Mr. Stucko stated that when the Village plant is completed the Agreement is
null and void, but the Board could contractually reconvey the package plant to the
developers ' for salvage.
P.C. Report- Annexation & A report from the Plan Commission recommended
Zrning- Flodstrom Property that the Flodstrom property south of County Line
Road east of Pfingsten Road be zoned and classified
as an Office and Research District upon annexation. The Board of Zoning Appeals will
hdd a public hearing on variations requested on April 9, 1975, a quorum not having been
pmsent for previous scheduled hearings which have been continued.
Authorize.Zoning Trustee Kelm moved, seconded by Trustee Moses,
Amendment that the Plan Commission's recommendation be
accepted and the attorney, be directed to prepare
tte ordinance rezoning the Flodstrom property,.
Motion carried unanimously.
_Ordinance-Zoning Map Amend... Trustee Moses moved, seconded by Trustee Stiehr,
Fbdstrom Property 0 & R that the ordinance amending the Zoning Map by
(0- 75 -11) classifying the 4.58 acre Flodstrom property south
of.County Line Road be taken off the table and
passed.
Trustee Kelm stated he was concerned about annexation, and it was his opinion
that it .was 'prema -ture to .take action. on the zoning of this tract before annexation.
Twstee Moses stated that Mr. Flodstrom was anxious to proceed with construction on
tde subject property. He said the Annexation Agreement was basically acceptable and
clanges had been discussed and approved by Mr. Flodstrom's attorney.. Delays in filing
the petition for annexation are due to the Board of Zoning Appeals lack of a quorum
to hear the petition for variations.
Mr. Linscott Hansen, attorney for Mr. Flodstrom, stated a good faith effort has
been made to complete all matters pertaining to annexation, and a petition for annexa-
tion will be filed as soon as possible. -The clerk suggested the ordinance be passed
and the President withhold his signature until the Board of Zoning Appeals has held
tle hearing on variations and the annexation petition has been received.
The motion to pass the ordinance was adopted by the following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr (5)
Nags: None (0)
Ordinance- Variations Trustee Moses moved, seconded by Trustee Stiehr,
Fbdstrom Property that the ordinance granting variations from the
(0- 75 -12) provisions of the Zoning Ordinance with respect
to the Flodstrom property be taken off the table
aid passed. Adopted by the following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr (5)
N ays: None (0)
President Forrest stated he would withhold his signature at this time.
Approve Riverwoods The Riverwoods Water Agreement was presented for
Water Agreement consideration. Trustee Ahrens of Riverwoods
asked the Board to reconsider the rate to be
cdarged. He pointed out that Deerfield need read only one meter; Riverwoods has
paid for the meter and cross connection and will pay for the maintenance of Riverwoods
w& er lines and will bill for water service. He stated the cost to Riverwoods of
115 per cent the rate paid by Deerfield residents was excessive in his opinion, and
agLin asked for reconsideration. Trustee Moate stated he had checked the audit report
on water:.furid -cop" and he was opposed to selling water to someone else at a lower
rate than that.charged-:residents of the Village.
Trustee Kelm moved, seconded by Trustee Moate, that the Riverwoods Water Agree-
ment be approved, and execution of the Agreement and the Addendum to the Highland Park
Water Contract be authorized.
Motion carried unanimously.
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.Consideration.of the.Resolution to include the Village in the Greater Lake
County Transit District was postponed by the President. Trustee Moses suggested
that the Resolution be re- drafted.by the Village attorney.
Partial Release of Covenants
Lot 2, Mallin Sub.
Delete Restaurant Use-
limiting the use of the property,
restaurant are released, all othe
force and effect. Adopted by the
Trustee Kelm moved, seconded by Trustee
Moate, that the Partial Release of Restric-
tive Covenants on Lot 2, John A. Mallin's
Subdivision, be approved; restrictions
now occupied by the Goodyear Tire store, for a
r portions of the Covenants to remain in full
following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr (5)
Nays: None (0)
Accept Rossetti Bid $59515 Trustee Moses moved, seconded by Trustee
Lake-Cook Briarwood Vista Sewer --.Stiehr,, that the low bid of $59,515 sub-
mitted by Rossetti Contracting Company
f(r the construction of the Lake -Cook Briarwood Vista sanitary sewer be accepted
as recommended by the Village engineer: Adopted by the following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr. (5)
N ays: None (0)
Accept Bid $2073.50 Trustee Moses moved, seconded by Trustee
Barrington Nurseries Moate, that the low bid of $2,073.50 sub-
Elm Tree Dormant Spray mitted by Barrington Nurseries, Inc. for
elm tree dormant spray be accepted.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr (5)
N ays: None (0)
Accept Bid $9587.89 Trustee Moses moved, seconded by Trustee
Fowler Tree Surgery Gavin, that the low bid of The Fowler
Tree & Stump Removal Tree Surgery Company for tree and stump
removal be accepted in an amount not to
exceed $9,587.89, the bid being based on an unknown number and diameter of trees
to be removed. Adopted by the following vote:
Ayes: Gavin, Kelm, Moate, Moses, Stiehr (5)
N ays: None (0)
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Approve Commere.ial Scavenger Trustee Stiehr moved, seconded by Trustee
License to Glen Golf Disposal Gavin, that a commercial scavenger license
be issued to Glen Golf Disposal, Inc. sub-
ject to proof that Glen Brook Disposal and C. Groot Automatic Disposal Co. are
tte same company.
Trustee Kelm moved, seconded by Trustee Gavin, that the motion be amended
by substituting the phrase "subject to obtaining license bond and certificate of
insurance in the-name of the applicant ". Motion carried unanimously.
The motion,as amended, carried unanimously.
Resolution Designating H.P. Trustee Moate moved, seconded by Trustee
To Represent Deerfield Re: Gavin, that the Resolution be passed desig-
W ater Allocation nating the City of Highland Park as the
h earings called
• pplying for an
• uthorization t
Village of Deerfield's representative at all
to establish the Water Allocation for the community and in
obtaining a Water Withdrawl Permit for water from Lake Michigan; and
execute the form so designating the City of Highland Park.
Motion carried unanimously.
Resolution- Authorize Application
Trustee Moses moved, seconded
by Trustee
Kelm,
for Commuter Parking Grant
that the Resolution be passed
authorizing the
filing of an application for a grant for
financial aid under the State of
Illinois, State Commuter Parking Program.
Motion carried unanimously.
Resolution -Open Records
Trustee Moses moved, seconded
by Trustee
Stiehr,
C ompliance
that the Resolution be passed
certifying
com-
pliance with the Open Records
provisions
of
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the 1970 Illinois Constitution and State Records Act for the purpose of the State of
Illinois, Mass Transportation Grant Programs.
Motion carried unanimously.
Resolution -Civil Rights Trustee Moses moved, seconded by Trustee Gavin,
Compliance that the Resolution of Civil Rights Compliance
be passed.
Motion carried unanimously.
Resolution. -,abot Agreement Trustee Stiehr moved, seconded by Trustee Kelm,
13(c); Authorize DOT to Sign that the Resolution be passed adopting an Agree-
ment pursuant to Section 13(c) of the Urban Mass
Transportation Administration of 1964, as amended, and authorizing the Division of
Piblic Transportation, State of Illinois Department of Transportation to sign-said
Agreement on behalf of the Village of Deerfield.
Motion carried unanimously.
Approve Alignment "A" The Village engineer prepared two sketches of
Waukegan Rd. Sidewalk sidewalk alighments on Waukegan Road from Birch
Court to Telegraph Road. Alternate A will not
require the acquisition of additdonal right -of -way and the sidewalk will be approxi-
mately 7 feet from the edge of the road. Alternate B will require the acquisition of
17 feet of right -of -way at an estimated cost of $16,000 to $20,000, and _the sidewalk
will be 21 feet from the edge of the pavement. No cost estimate for the construction
of the sidewalk has been prepare4.
Trustee Kelm moved, seconded by Trustee Gavin, that the Board approve Alignment
A, and the engineer prepare plans and specifications for the sidewalk.
She reminded Trustees that Statements of Economic Interest must be filed with
the County Clerk on or before April 30, 1975.
Reports - Communications Trustee Moses stated a letter from the Village
attorney enclosed a copy-of a recent decision of
the Appellate Court invalidating a provision of the Des Plaines sign ordinance
which is similar to the Village's ordinance. He suggested a meeting between the Plan
Conission and attorney to see if anything should be done.
A mini - survey of Glencoe, Northbrook and Highland Park fence ordinances was
received from Lawrence Magill, administrative intern. Trustee Moses stated both the
Village's fence ordinance and the swimming pool ordinance should be reviewed..
Refer Fenm & Swimming Pool Trustee Moses moved, seconded by Trustee Gavin,
to Plan Commission that the fence ordinances and the swimming pool
ordinance be referred to the Plan Commission
with the view of getting recommendations.
Motion carried unanimously.
Reports - Communications President Forrest reported that the Illinois Commerce
Commission had ordered that the pedestrian gates
at the Milwaukee Railroad -Hazel Avenue crossing shall be installed by the Milwaukee
R (ad at Village expense, and thereafter maintained by the railroad. The manager stated
tle cost of the crossing gates can be paid from Motor Fuel Tax funds.
Authorize Engineer- Prepare Trustee Moses moved, seconded by Trustee Moate, that
Phns & Specs for RR Gates the Village staff be authorized to prepare plans
and specifications for the Railroad -Hazel Avenue
pedestrian crossing gates. Adopted by the following vote:
Ayes: Gavin, Moate, Moses, Stiehr (4)
Nays: Kelm (1)
Motion carried unanimously.
Clerk's Reports
The
clerk reported that April 10th is the last
ballots by mail for the Village
day
election
for absent voter to f}le application for
to be held April 15th. April 12th is the
last date to apply for.ballots
in person. The clerk will be at the Village Hall on
Saturday, April 12 from 10 a.m,
to 3 p.m.
for voters who expect to be out of the County
on April 15th.
She reminded Trustees that Statements of Economic Interest must be filed with
the County Clerk on or before April 30, 1975.
Reports - Communications Trustee Moses stated a letter from the Village
attorney enclosed a copy-of a recent decision of
the Appellate Court invalidating a provision of the Des Plaines sign ordinance
which is similar to the Village's ordinance. He suggested a meeting between the Plan
Conission and attorney to see if anything should be done.
A mini - survey of Glencoe, Northbrook and Highland Park fence ordinances was
received from Lawrence Magill, administrative intern. Trustee Moses stated both the
Village's fence ordinance and the swimming pool ordinance should be reviewed..
Refer Fenm & Swimming Pool Trustee Moses moved, seconded by Trustee Gavin,
to Plan Commission that the fence ordinances and the swimming pool
ordinance be referred to the Plan Commission
with the view of getting recommendations.
Motion carried unanimously.
Reports - Communications President Forrest reported that the Illinois Commerce
Commission had ordered that the pedestrian gates
at the Milwaukee Railroad -Hazel Avenue crossing shall be installed by the Milwaukee
R (ad at Village expense, and thereafter maintained by the railroad. The manager stated
tle cost of the crossing gates can be paid from Motor Fuel Tax funds.
Authorize Engineer- Prepare Trustee Moses moved, seconded by Trustee Moate, that
Phns & Specs for RR Gates the Village staff be authorized to prepare plans
and specifications for the Railroad -Hazel Avenue
pedestrian crossing gates. Adopted by the following vote:
Ayes: Gavin, Moate, Moses, Stiehr (4)
Nays: Kelm (1)
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Trustee Stiehr stated he had read -the reports from Sgt: Davenport and.
Mr. David Newman of Pedersen & Houpt on Alcoholism and Intoxification Treatment
Act and termination of public drunkeness offenses, and he suggested getting
another opinion from the Village attorney's office.
Trustee Moate stated,he felt it was a great compliment to be appointed
to the Board of Trustees, and expressed his appreciation.
In connection with the extension of Carriage Way and the bridge, Mr. Soyka
stated he has an appointment to talk to Mr. Bruce Blietz about easements and
s milar matters on Thursday.
The manager reported that he and the engineer will meet with the attorney
fcr the East Drainage Ditch on April 8th.
']here being no further busines, on motion by Trustee Moses and seconded
by Trustee Stiehr, the meeting was adjourned at 10:05 p.m.
ATTEST:
C1� . -�6 IO
Village Clerk
APPROVED
Presi ent
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