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07/06/198288 4. July 6, 1982 The regular meeting of the Board of Trustees of called to.order by the Clerk, in the absence. of ber of the Village Hall on Tuesday, July 6, 1982 the roll and announced the following were: Present: Absent: the .Village of Deerfield was the Mayor, in the Council Cham- at 8:02 P.M. The Clerk called Marvin W./Ehlers Jerold L. Heisler Edwin B. Seidman Vernon E. Swanson J. Robert York Bernard Forrest,.Mayor Cynthia J. Marty and that a quorum was present and in attendance. Also present were Asst. Village Manager Marjorie Emery and Village Attorney James K. Stucko. Upon motion by Trustee Ehlers, second by Trustee Swanson, and unanimous Board approval, Trustee Heisler was named Mayor pro tem. Trustee Seidman moved, seconded by Trustee Swanson, that the minutes of the previous Board meeting be approved as presented. Motion carried unanimously. Mayor pro tem'Heisler read a letter to Mr. Nick Nelson, Chairman of Family Day, from Mayor'Forrest expressing, on behalf of Village residents, appreciation for the Family Day Celebration and stating: "You are to be complimented on a fine job of organizing the various events of the two days. Please convey my congratulations to every- one who worked so hard to provide so much enjoyment for so many people. ......Family Days were terrific." DONALD E. GEHRIG Chairman of the Board of Police Commi's - MEMORIAL AWARD - 1981 sioners Daniel H. Stiehr explained that the Donald E. Gehrig award was originated by the Board of Police Commissioners in 1971 in memory of Mr. Gehrig who had served on the Commission until his untimely death in 1971. He added that each year the'Commission selects one officer as the "Outstanding Officer of the Year." Mr. Stiehr announced that the winner of this year's award was Sgt. Gary P. Stryker. He stated that: "Since joining the Deerfield Police Department in October 1969, Sgt. Stryker has consistently displayed the dedication and eagerness to excel in whatever assignment given to him. During the past year he has accepted the additional responsibility of developing and train- ing a team.of officers within the Department to respond to-emergency situa- tions. Sgt. Stryker has successfully developed and trained an Emergency Services Team consisting of ten Deerfield officers. He.has personally de- voted many hours of him own time, without pay, to achieve this success. His efforts have been recognized not only by the Department, but also by many other Departments in our area: "Sgt. Stryker provided a one -week school for Emergency Services Teams to several other Police Departments throughout the State. The school was re- ceived very positively by other Departments, and requests have been received to hold another school in the fall." Mr. Stiehr presented Sgt. Stryker with a plaque, while the Board and all present signaled their appreciation with applause. REAL ESTATE SIGNS I Assistant Manager Emery stated that the PLAN COMM. REPORT /RECOMMENDATION Plan Commission had.held a.pubiic hearing on June 10, 1982 to consider amending those portions of the Zoning Ordinance pertaining to real estate signs. After con- sideration of findings, the Plan Commission recommended that the Zoning Ordi- nance should not be amended at this time, bnd that the 90 -day trial period'set up.by the Board of. Trustees be allowed to run out, at which time the realtors could ask for an extension or apply for a hearing. Trustee Seidman moved, seconded by Trustee Swanson, to accept the Plan Commission's recommendation. Motion carried unanimously.. 1 r • BRICKYARDS PROPERTY Village Attorney Stucko advised that in- FINAL DEVELOPMENT PLAN & asmuch as there were 'a number of items PLAT OF SUBDIVISION yet to come, and the petitioner was not .PLAN COMM. REPORT /RECOMMENDATION yet in a position to'request final action on the final plan, it-would be appropriate and useful, at the present"'stage of the project, for the Board to raise any issues or questions regarding the final plan, subdivision plat, variations, etc. Trustee Seidman inquired of Ms. Barbara Ruffino, Village-Planner, if every- thing seemed to be in order. Ms. Ruffino replied that it did, except that. the square footage of Chi Chi's restaurant was about six hundred feet greater that.when the first "plans•were submitted. Mr. Flodstrom stated that the slight increase will not affect parking. Trustee Swanson noted that there had been some previous discussion regarding access right -of -way width. Mr. Alan Stefaniak, attorney for Mr. Flodstrom, stated that the right -of -way width would:be the required eighty feet. Mr. Stefaniak, also stated that the Plan Commission had felt that sidewalks on both sides of the street were necessary and that Mr. Flodstrom'tiad agreed to their installation. Ms. Ruffino noted that after the p opose� land swap there could beta question of .responsibility for their installation. Trustee York was strongly opposed to requiring sidewalks on both sides.'of the road- way as was Trustee Seidman. Mr. York stated that the sidewalks would not be used and they would be just so much useless concrete.. Mr. Stefaniak, responding to Board inquiry, stated.that Mr..Flodstrom was reviewing a proposed'10 -year maintenance agreement for those utilities in the public right -of -way and on land -fill soil. Trustee Swanson inquired about the landscaping plan which did not specify Lake -Cook Road landscaping all the way to the railroad as-was previously agreed to as. part of the Phase I development. Mr. Stefaniak acknowledged the previous landscape agreement.. He stated.that another plan was being prepared.to address certain required adjustments and that he would see to it that the plan specified. Lake -Cook Road landscaping up to the railroad tracks. There being no. further questions, Trustee Swanson moved, seconded by Trustee. Seidman, to'direct the attorney to prepare an ordinance approving the final plan for the C -.2 and westerly I -1 PUDs. Motion carried unanimously. Trustee Ehlers moved, seconded by Trustee Seidman, to direct the Mayor to exe- cute the plat of subdivision upon submission and approval of all remaining re- quired documentation. Motion carried unanimously. CADWELL CORNERS SIGN MODIFICATIONS BZA REPORT /RECOMMENDATION mit: 1) continuance of'an exist the permitted 120 sq. feef, and Mandy's south elevation in lieu Assistant Manager Emery stated that a public hearing was held on June 22, 1982 to consider a request by Cadwell's Corners Partnership for sign modifications to per - ing permanent 131 sq., ft. pylon sign in lieu of 2) two business. wall signs to be located on T.H. of the one permitted. The Board of Zoning'Appeals recommended, on a vote of 6 -0, that the modification for the pylon sign be granted, since the size increase is insignificant and was caused by an engineering problem. The BZA also recommended, on.a.vote of 6 -0, that.the requested modification for an additional,wall sign for T.H., Mandy be granted due to the peculiar location,. length of frontage, and possible number of signs (a total of 10) which .would be' allowed.if T:H. Mandy's ten spaces were leased individually. A short discussion ensued wherein Mr. Salvatore Buccola, General Partner of Cad well's Corners,explained the engineering problem which had- resulted in a slight increase of the area of the sign's lettering, and the desirability of more sign - age for T.H. Mandy's long frontage. Trustee York stated that the signs at Cad - well's Corners.are very conservative, and he complimented Mr. Buccola and his partners, on the "nice job they have done in completing the center." Trustee York moved, seconded by Trustee Ehlers, to accept the BZA's recommenda- tion to grant both.requested. modifications, and to instruct the attorney to.pre- pare the necessary ordinances.,.Motion carried unanimously. 'Trustee'Seidman requested ..,that Staff examine the sign ordinance inasmuch as it does not-stipulate a maximum size for pylons or standards. He was of.the opinion that such stipulations are important: r r., 90 �• • 725 LAKE -COOK ROAD (GETZ CO.) SIGN MODIFICATION BZA.REPORT /RECOMMENDATION Illinois, for a,sign modification to luminated sign having an area of 128 the rear of the property which abuts The Board of Zoning Appeals held a hearing on June 22, 1982'to consider the request of Andrew S. Jaffe, Vice Pres.,of Burton T.'Getz Co., 770 Foster Ave., Bensenville, permit the continuance of a V- shaped, it -. sq. feet per face, to be maintained along the Edens Spur. The BZA, on a vote of 4 -2, recommended denial of 'the petition, as this type of. sign (a permanent leasing . sign) is not covered by the Zoning Ordinance. The BZA requested that'the Mayor and Board of Trustees consider the need.for a defini- tive resolution on how to deal with the type of signage requested in this peti- tion. BAZ Chairman Richard Lorenz, who was present, stated that there divergent opin- ions on -the matter. The sign is not • a temporary real estate sign... the owners wish to keep it permanently. He stated that the BZA also wanted direction about what to do about signs along the Edens Spur property, even though such signs can not be seen in Deerfield. Trus'tee'Swanson noted that a variation had been originally granted in 1971 fora "For Sale" sign which would be .discontinued when all units of the pro- perty were sold.' When the. Getz Co. bought the entire building, the sign which should have come down,was repainted to advertise rental units. He stated that he agreed completely with Mr. Lorenz that a rental sign might continue for years. Mr. Jaffe was present and stated that their company needed rental / signage in order to conduct their business, and that they could be.seen only from the Edens Spur. He likened his signage to the Stein and.AnderAon signs on the Edens Spur, but was advised that those signs were for a specified time only. Trustee Seidman•moved, seconded by Trustee Swanson, to-, -accept the BZA recom- mendation to deny the request for continuance of a sign facing the Edens Spur on the property at 725 Lake -Cook Rd. Motion carried unanimously. ". Trustee Seidman requested that Staff be advised not to enforce the ordinance and to permit continuance of the sign until Staff has an opportunity to review the matter and make a recommendation to the Board. Mr. Jaffe was advised that he will be notified when the Board is ready to consider Staff's recom- mendation in order that he can be present and participate in discussion of the matter. CHI CHI'S RESTAURANT Finance Director. Geo. Valentine reported INDUSTRIAL REVENUE BONDS that the Village.had. received an applica- FINANCE COMMITTEE RECOMMENDATION tion for industrial revenue bonds in the amount of 1.'6 million dollars for Chi.Chi's Restaurant. Rules of procedure for such applications require a cursory review by the Finance Committee which may decide whether the application should'be further reviewed by a financial consultant. Mr. Valentine reported that the Finance Committee had determined to recommend that the application be-referred' to R.V. Noreen and Associates for review of fiscal information. Trustee Seidman moved, seconded by Trustee Ehlers, that the application for industrial revenue bonds for Chi Chi's Restaurant be referred to R. V. Noreen, and Associates for fiscal review.' Trustee Swanson stated ,"I am utterly opposed to using industrial revenue bonds for commercial purposes, and I'd hate to see the Village of Deerfield's name among those in Illinois who have used bonds for this purpose. One of the basic reasons industrial revenue bonds are going to be curtailed in•the near future is because of this type of.abuse." The motion to refer the application to R.V. Noreen & Associates, bond•counsels, carried, Trustee Swanson voting Nay. ELECTRICAL CODE MUN. CODE AMENDMENT CONSENT AGENDA First reading of ordinance. JOHN BLUMBERG TOT LOT North Trail Tot Lot renamed .to John Blumberg Tot Lot in memory of and recognition of Mr. Blumberg's contribution to the community. 1 Trustee Ehlers moved,.seconded by Trustee Seidman, to approve the Consent Agenda.' Motion carried unanimously. UNITED CONVEYOR - SPECIAL USE First reading of ordinance to permit con- OUTDOOR RECREATIONAL FACILITY ` struction of•an outdoor.running track. RUNNING TRACK Mayor pro tem Heisler stated that the United Conveyor Corporation had requested waiver of.the rules to permit pas - sage of the ordinance at first reading. However, due to the controversial nature of the matter, Mayor Forrest had..indicated that he favored the usual two readings, and Trustee Seidman fully agreed, stating that the residents should have full opportunity'.for presentation of their views if they so wished. The Board was in receipt of a revised plan submitted by.United Conveyor'which showed specific landscaping as had been requested by.the Board on June 21,' 1982. Discussion ensued regarding landscaping, with Mr. Hornig, Director of Human Relations for United Conveyor, agreeing to fill in an apparent gap in plantings shown on'the plan. In addition, Trustee Seidman requested that a corrected drawing be submitted to the Board. 91 Mr.. Jay Turner, 315 Forsythia Lane, stated that residents had not had,an oppor- tunity to view the latest plan. Trustee Heisler replied that copies would be made available to residents wishing to study it before the next Board meeting. He advised residents that written as well as personal presentations of their views would be considered by the Board. Mr. Richard Krase expressed concern about a basketball court indicated on the plan. Mr. Hornig replied that the Special Use being sought was for a running track only. Mr.., Norman Rosenfeld,• -1789 WeGo Trail, again entered strong opposition'to the proposed track which he termed a "mini- amusement center." He stated that if the entire proposal was not to be denied, he had a compromise proposal to which United Conveyor might agree... placement of the entire track along the south . property line abutting Walgreen's. He expressed concern,regarding the policing of the facility, calling it an "attractive nuisance" which would burden both homeowners and the Deerfield police, particularily after business hours, since United Conveyor employs no watchman. He requested the Board..to consider requir- ing the placement of the track on the south property line,,away rom residences. Mayor pro tem Heisler advised Mr. Rosenfeld that United.Conveyor's original.plan had been revised to reflect input by nearby residents and the.Plan Commission, and that the revised plan was presented­ to the Board at the June 21st Board meeting. The plan being considered at the present meeting (the third plan pre- sented by United Conveyor) was the result of the Board's request for a detailed landscaping plan. He added that the residents should approach United Conveyor with their proposal, since the Board does not engage in designing facilities. Mr. Hornig reiterated that United Conveyor was requesting only a running track on their private property separated from residences by a.6 -foot berm and landscap- ing. He submitted that they had twice revised their original plan to accomodate the wishes of residents, Plan Commission, and the Board'. AWARDING OF BID Deferred until .later Board meeting. $500.000 /CORPORATE PURPOSE BONDS AWARD BIDS FOR 1982 MFT MAINTENANCE - SIDEWALKS -Trustee-Seidman moved, seconded by Trustee REMOVAL 6 REPLACEMENT Swanson, to award the bid for removal and replacement of sidewalks to Schroeder.& Schroeder, Inc., Mt. Prospect, Ill., in an amount not to exeeed $3,155.60. Motion carried on the'following vote: AYES: Ehlers, Heisler,.Seidman, Swanson, York (5) NAYS:. None (0) .CONCRETE STREET PATCHING Trustee Seidman moved, seconded by Trustee Ehlers' to award the bid for concrete street patching to Alliance.Contractors, Inc., Woodstock, Illinois, in an amount not to, exceed $29,714.34. 'Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) • q. Trustee Ehlers moved,.seconded by Trustee Seidman, to approve the Consent Agenda.' Motion carried unanimously. UNITED CONVEYOR - SPECIAL USE First reading of ordinance to permit con- OUTDOOR RECREATIONAL FACILITY ` struction of•an outdoor.running track. RUNNING TRACK Mayor pro tem Heisler stated that the United Conveyor Corporation had requested waiver of.the rules to permit pas - sage of the ordinance at first reading. However, due to the controversial nature of the matter, Mayor Forrest had..indicated that he favored the usual two readings, and Trustee Seidman fully agreed, stating that the residents should have full opportunity'.for presentation of their views if they so wished. The Board was in receipt of a revised plan submitted by.United Conveyor'which showed specific landscaping as had been requested by.the Board on June 21,' 1982. Discussion ensued regarding landscaping, with Mr. Hornig, Director of Human Relations for United Conveyor, agreeing to fill in an apparent gap in plantings shown on'the plan. In addition, Trustee Seidman requested that a corrected drawing be submitted to the Board. 91 Mr.. Jay Turner, 315 Forsythia Lane, stated that residents had not had,an oppor- tunity to view the latest plan. Trustee Heisler replied that copies would be made available to residents wishing to study it before the next Board meeting. He advised residents that written as well as personal presentations of their views would be considered by the Board. Mr. Richard Krase expressed concern about a basketball court indicated on the plan. Mr. Hornig replied that the Special Use being sought was for a running track only. Mr.., Norman Rosenfeld,• -1789 WeGo Trail, again entered strong opposition'to the proposed track which he termed a "mini- amusement center." He stated that if the entire proposal was not to be denied, he had a compromise proposal to which United Conveyor might agree... placement of the entire track along the south . property line abutting Walgreen's. He expressed concern,regarding the policing of the facility, calling it an "attractive nuisance" which would burden both homeowners and the Deerfield police, particularily after business hours, since United Conveyor employs no watchman. He requested the Board..to consider requir- ing the placement of the track on the south property line,,away rom residences. Mayor pro tem Heisler advised Mr. Rosenfeld that United.Conveyor's original.plan had been revised to reflect input by nearby residents and the.Plan Commission, and that the revised plan was presented­ to the Board at the June 21st Board meeting. The plan being considered at the present meeting (the third plan pre- sented by United Conveyor) was the result of the Board's request for a detailed landscaping plan. He added that the residents should approach United Conveyor with their proposal, since the Board does not engage in designing facilities. Mr. Hornig reiterated that United Conveyor was requesting only a running track on their private property separated from residences by a.6 -foot berm and landscap- ing. He submitted that they had twice revised their original plan to accomodate the wishes of residents, Plan Commission, and the Board'. AWARDING OF BID Deferred until .later Board meeting. $500.000 /CORPORATE PURPOSE BONDS AWARD BIDS FOR 1982 MFT MAINTENANCE - SIDEWALKS -Trustee-Seidman moved, seconded by Trustee REMOVAL 6 REPLACEMENT Swanson, to award the bid for removal and replacement of sidewalks to Schroeder.& Schroeder, Inc., Mt. Prospect, Ill., in an amount not to exeeed $3,155.60. Motion carried on the'following vote: AYES: Ehlers, Heisler,.Seidman, Swanson, York (5) NAYS:. None (0) .CONCRETE STREET PATCHING Trustee Seidman moved, seconded by Trustee Ehlers' to award the bid for concrete street patching to Alliance.Contractors, Inc., Woodstock, Illinois, in an amount not to, exceed $29,714.34. 'Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) 92 r. BID AWARDS FOR 1982 MFT MAINTENANCE (CON'T.) SLURRY SEAL Trustee Ehlers moved, seconded -by Trustee Swanson, to award.the bid for.slurry..seal to A.C. Pavement Striping Co.,.DesPlaines, Illinois, in an amount not to exceed $49;140.75. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) MFT MATERIALS SAND - (BIRDS EYE) (500 TONS) Trustee Swanson moved, seconded by Trustee Ehlers, to award the bid for 500 tons of Birds Eye Sand.to Schlegel Material'�'Co., Inc. of Mt. Prospect, Illinois in amount not to exceed $3,000. Motion carried on,the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None • (0) CLASS X READY MIX CONCRETE Trustee Swanson moved, seconded by Trustee (90 CUBIC YARDS) Ehlers, to award the bid for 90 cubic yards of Class X Ready Mix,Concrete to Mutual Ser- vices of Highland Park, Ill., in an amount not to exceed,$4,128.30. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) TRAFFIC MARKING.PAINT Trustee Ehlers moved, seconded by Trustee (350 GALLONS) Seidman, to award the bid for 350 gallons of Traffic'Marking Paint to Cellucoat Corp. in amount not to exceed $2,040.50. Motion carried-on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) PRE -MIX BITUMINOUS PATCHING Trustee Seidman moved,, 'seconded by Trustee MATERIAL -COLD PATCH (800'Tons) Ehlers,.to award the bid for 800.tons of pre -mix bituminous patching material - cold. - patch to Peter Baker and Son Co. in amount not to exceed $19,000. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) CLASS C LIQUOR LICENSE The Board was in receipt of a letter from PASTA FRESCA Mr. Laszlo Frescka requesting a Class C Liquor License for Pasta Fresca, 617 Cen- tral Avenue'. He had also inquired whether customers could supply their own beer and. wine. Mayor pro tem Heisler advised Mr..•Frescka that Deerfield as no ordinance per - witting customers to supply their own liquor. Trustee Swanson inquired whether Deerfield's code prohibits the sale of alco- holic beverages near residences. He noted that heretofore establishments granted liquor licenses had been in strictly commercial areas. Attorney Stucko advised. that the code contained prohibition of sale within 150 feet of schools and churches only. - Assistant Village Manager Emery stated that because Pasta Fresca is a,delica- tessen with only a very small eating area, she had checked -with the Health De- partment and learned that it has the same equipment required for restaurants. Therefore, if a license is issued, the business would be classified as a restaur- ant under Deerfield's code. It more-than meets code requirements for square foot area and can provide the extra parking spaces for restaurant qualifications. Mayor pro tem Heisler pointed out that Mayor Forrest was the Liquor Commissioner, but that the Board should consider whether it cared to create another Class C Liquor License. After a short discussion on procedures, Trustee York stated that he favored creating and issuance of another license provided Mr. Frescka could meet the 4. proper requirements. The other Trustees concurred, and Mr. Frescka was advised he could submit a formal application for.a Class C' liquor, license, to be.followed by an investigation and subsequent consideration by the Liquor Commissioner, Mayor Forrest.-. i" NORTHBROOK LAWSUIT Mayor pro tem Heisler read a memorandum SW COR. TOLLWAY/LAKE -COOK RD. from Mayor Forrest wherein he reviewed events leading to a request.by Northbrook to join them in a lawsuit against LaSalle.Partners, Inc. He pointed out that about .a year ago, LaSalle.Partners had sought annexation to Northbrook of the property at the southwest corner of the Tollway.and Lake -Cook Rd.. and zoning approval for two 7 -story office buildings. Unable to negotiate their differences, LaSalle Partners is presently seeking to to build two 130 -foot high buildings under Cook County Zoning which would involve installation of a force main east on Lake -Cook Rd. to Waukegan_Rd.'and thence south.to an interceptor at the Tollway Spur. When LaSalle'Partners had originally sought annexation to Northbrook, Mr. Richard Houpt of Pedersen & Houpt, legal counsel for the Village.of Deerfield,, had advised the Board that his firm had been retained by LaSalle Partners to represent them in negotiations with Northbrook.. The Board had advised him that it had no objections to Mr. Houpt's participation on.behalf of LaSalle Partners. 93 However, Mr. Houpt has advised that in the event Deerfield elects to join Northbrook in their lawsuit against LaSalle Partners, Pedersen & Houpt would not be able to represent Deerfield and would also withdraw'as attorney for LaSalle Partners. Mayor Forrest recommended.a Staff .review and report be made. After discussion, the,Board decided to accept Mayor Forrest's recommendation submitted in his memorandum, and directed Staff to review the current pending proposal before the Cook Count° authorities and report to the Board for con- sideration-on the next. agenda. FIRST FEDERAL OF.WILMETTE Mr. Robert J. Lerch, Vice,President of the 630 OSTERMAN AVENUE First Federal Savings and-.Loan Assn. of Wil- SPECIAL USE - 1 YR. EXTENSION mette,.was present to request a 1 -year ex- tension of a Special Use"permitting a Drive- in savings and loan.facility and certain variationsfor fear-yard screening for their property at 630 Osterman Avenue. He stated that economic conditions had prevented their proceeding.with construc- tion as they had hoped. He added, "We are ultimately planning to undertake the construction of the savings and loan facility, but we want to postpone the start of'construction until next year." Trustee Swanson expressed his concern re- garding the unsightly, boarded -up former filling station in the business dis- trict, and expressed his disappoinment that First Federal wishes to postpone its plans. He pointed.out that given the economic conditions which the industry.is suffering, there was no guarantee that building would commence within.a year. Howeve'r', Mr. Lerch stated that the felt their particular savings and loan com- pany would be in a position'to proceed within.the'coming year Trustee Ehlers inquired of Mr. Lerch whether consideration would be', given to re- moving the boarded -up building prior to later construction. Trustee Swanson pointed out.that the building was not only unsightly, but it was becoming a trouble spot, attracting the parking of cars, RVs, etc. Mr. Lerch had,no ob- jection'to razing the building and stated they would also place car -stop bump- ers across the driveways to prevent cars entering the property. Trustee'York moved, seconded by Trustee Seidman, to grant. a 1 -year extension of the Special Use and all provisions granted with it for the property at 630 Oster - man Avenue, contingent upon the removal of the building and installation of car stop bumpers across the driveways within 30 days of the J} ly 6,/1982 Board meet- ing. Motion carried unanimously. / There being no further business to come before the Board, upon motion by Trustee Seidman, the meeting was adjourned at 9:45 P.M. ATTEST: Village Clerk APPROVED: Mayor