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10/05/1970AIR October 5, 1970 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, October 5, 1970 at 8:20 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President George Kelm George P. Schleicher Stephen M. Slavin M. Jay Turner, Jr. Absent: Charles R. Bootz and that a quorum was present and:�in attendance at the meeting. Also present were Messrs. Richakd Houpt, Village attorney, and Norris Stilphen, manager. Trustee Slavin moved, seconded by Trustee Turner, that the minutes of the regular meeting held September 21, 1970 be approved as, submitted. Motion carried unanimously. Discussion was had on the proposed Business amendment which would tend to give the Plan Commission greater control over commercial development. Mr. John Angle, attorney for the petitioner, stated the request for rezoning to B -1 had been filed in May, 1969, and public hearings had been held in January and February, 1970. He pointed out that the subject property and the Marshall tract are the only two parcels on the west side of Waukegan Road that are zoned B -4, the re- mainder being zoned B -1 or Manufacturing. He stated the owner has been unable to sell or develop the property under the highly restrictive B -4 classifications, and asked the Board to grant the relief the owner is entitled to by approving the requested rezoning. Mr. John Jursich, also an attorney for the petitioner, stated the owner pro- posed to subdivide the tract ihtd six lots for six free - standing buildings each with individual parking plus a common parking area. In discussing the proposed development, He stated an oil company and a smorgasboard restaurant were interested in building on two of the proposed lots, and the dedication of 30 feet for Kates Road right -of -way would be no problem. He declared the present zoning was confiscatory since neither the sale or development of the tract was economically feasible under the B -4 classi- fication. . In view of the fact that the Plan Commission is considering amendments to the zoning ordinance with respect to the business classification, Trustee Slavin moved, seconded by Trustee Kelm, that the request for the rezoning of the Sackheim property be tabled for a period of six weeks to permit the Plan Commission to hold the public hearing on the proposed amendments and submit its recommendations to the Board of Trustees. Motion carried unanimously. P.C. Report -Sub. A report from the Plan Commission recommended 1400 Block - Waukegan Rd. approval of the plat of subdivision of three lots in the 1400 block of Waukegan Road. The B -1 classification-rungs diagonally across the property, and as long as the property is used for residential purposes, there will be no problem. If the B -1 classification is desired for the entire property, a public hearing will be required. The owners have been informed of the two zoning districts in which the property is located. Table Ordinance Re: Gas Fire Chief Elmer Krase recommended that the Tank Storage to 11/2/70 adoption of the proposed ordinance providing for gasoline gtorage tank testing be delayed for further consultation and study. Mr. Robert Hamilton of the Illinois Oil Council stated he opposed the ordinance as proposed, and pointed out that the testing procedures P.C. Report- SackheinhRezoning A report from the Plan Commission recommended Tabled for 6 Weeks denial of the petition of Mr. Norman Sackheim to rezone his property at Waukegan and Kates U Road from the B -4 to the B -1 classification. The Plan Commission will hold a public hearing on October 15th to consider an amendment to the Zoning ordinance to establish Q a Business classification to replace the present B -1, B -2 and B -4 classifications. The report also pointed out the north 30 ft. of the Sackheim property is required for additional right -of -way for Kates Road. Discussion was had on the proposed Business amendment which would tend to give the Plan Commission greater control over commercial development. Mr. John Angle, attorney for the petitioner, stated the request for rezoning to B -1 had been filed in May, 1969, and public hearings had been held in January and February, 1970. He pointed out that the subject property and the Marshall tract are the only two parcels on the west side of Waukegan Road that are zoned B -4, the re- mainder being zoned B -1 or Manufacturing. He stated the owner has been unable to sell or develop the property under the highly restrictive B -4 classifications, and asked the Board to grant the relief the owner is entitled to by approving the requested rezoning. Mr. John Jursich, also an attorney for the petitioner, stated the owner pro- posed to subdivide the tract ihtd six lots for six free - standing buildings each with individual parking plus a common parking area. In discussing the proposed development, He stated an oil company and a smorgasboard restaurant were interested in building on two of the proposed lots, and the dedication of 30 feet for Kates Road right -of -way would be no problem. He declared the present zoning was confiscatory since neither the sale or development of the tract was economically feasible under the B -4 classi- fication. . In view of the fact that the Plan Commission is considering amendments to the zoning ordinance with respect to the business classification, Trustee Slavin moved, seconded by Trustee Kelm, that the request for the rezoning of the Sackheim property be tabled for a period of six weeks to permit the Plan Commission to hold the public hearing on the proposed amendments and submit its recommendations to the Board of Trustees. Motion carried unanimously. P.C. Report -Sub. A report from the Plan Commission recommended 1400 Block - Waukegan Rd. approval of the plat of subdivision of three lots in the 1400 block of Waukegan Road. The B -1 classification-rungs diagonally across the property, and as long as the property is used for residential purposes, there will be no problem. If the B -1 classification is desired for the entire property, a public hearing will be required. The owners have been informed of the two zoning districts in which the property is located. Table Ordinance Re: Gas Fire Chief Elmer Krase recommended that the Tank Storage to 11/2/70 adoption of the proposed ordinance providing for gasoline gtorage tank testing be delayed for further consultation and study. Mr. Robert Hamilton of the Illinois Oil Council stated he opposed the ordinance as proposed, and pointed out that the testing procedures could create leaks in an otherwise sound tank. He recommended an ordinance similar to those adopted by the City of Des Plaines and other municipalities. He requested an opportunity to work with the Fire Chief and Village attorney to prepare a mutually acceptable ordinance. Trustee Schleicher.moved, seconded by Trustee Turner, that the matter be tabled until the November 2, 1970 regular meeting. Motion carried unanimously. Report - Hovland Improvements The manager reported that Laurel Avenue street pavement.has beenccompleted and sidewalksinstallations finished shortly. The Public Service Company will move poles within the next two weeks which will permit filling in the gaps in walks. Zera Construction Company has been notified that the so- called topsoil with stones, bricks and other rubble, which was put on parkways for seeding, is not acceptable, and must be removed and replaced with topsoil as specified. Proper driveway grades have been worked out and corrections will be made. The Village is holding approxi- mately $38,000 which is sufficient to complete all work. Trustee Slavin asked the Village attorney to review the contract with Zera since the specified comple- tion date has passed. In connection with Mr. George Kennedy's request for the release of payments for underground improvements in Hovland Subdivision, a letter from his insurance company advised that claims for damages have been received and are being reviewed. Re: Sewer Survey Letters regarding the proposed sewer survey were received from Baxter & Woodman and Consoer, Townsend Associates. Baxter & Woodman suggested a meeting with the Board to discuss the survey. Consoer, Townsend Associates outlined procedures for such a survey, and proposed a postcard survey as an initial step. A letter from Mr. Alan Schultz, 241 Forestway, included a list of firms to which inquiries would be directed, and the suggestion the firm be selected forrregatiation whose proposal seems most suitable. He submitted the draft of a letter which could be sent to engineering firms. Discussion was had on whether the cost of the proposed survey might not better be spent to correct known deficiencies in the sewer system. Several members stated it was their opinion a survey would be desirable inasmuch as it would serve to inform the residents about the problem and would establish priorities and estimated costs for corrections to alleviate flooding on an overall rather than a piecemeal basis. The manager urged discussion of the proposed survey with. BAxter & Woodman who are familiar with the Village sewer system. A workshop meeting will be held Monday, October 12 at 8:00 p.m. to discuss the proposed survey. Trustee Slavin asked that Messrs. Alan Schultz and Kerwin Knoelk be invitdd to the meeting because of their interest in the problem. Re: Brand Lane Storm Sewer The manager reported that installation of a storm sewer to'drain Brand Lane would create no problem since the storm sewer to which connection would be made is ade- quate to receive the additional storm water flows. Plans for the storm sewsr were not ready, and therefore approval and acceptance of easements for the sewer in- stallation were held over to the next meeting: Trustee Schleicher left the meeting at 9:30 p.m. Report- I.C.C. Hearing The Village attorney reported that he had Telephone RAtes appeared before the Illinois Commerce Commission and had stated the Village's objection to the rate differential between Highland Park and Deerfield as proposed by Illinois Bell Telphone Company. He stated that exhibits revealed that a number of communities situated like Deerfield were required to pay the $2.50 differential and others were not. The matter was taken under advisement by the Commission. Trustee Schleicher re- entered the meeting thereafter. 1st Presentation - Ordinance The first D.H.S. Fire Lanes ordinance Deerfield been posted on the bulletin board in the lobby. at 9:35 p.m. and was present presentation was made of an establishing fire lanes at the High Scho®tl: The ordinance has The meeting was recessed at 9:38 p.m.', and re- convened at 9 :50-p'.m., all members present. 1 • . J••' • "' " Discussion -Sump Pump Inspections The manager submitted a progress report on sump pump inspections, showing 189 houses inspected, 137 approved, and 49 with a sump pump discharge of footing tile drainage into the sanitary sewer. Some houses were constructed when the discharge of footing .drain tiles into the sanitary sewer was permitted by Village ordinance. Others were connected to the sanitary sewer after the ordinance was passed prohibiting such con- nections. Homeowners with illegal connections will be notified that correction must be made within three weeks. The manager proposed that a period of six months be allowed for disconnection of footing drain tiles from the sanitary sewer.where such connections were legal at the time of construction, and adoption of an ordinance to that effect. A lengthy discussion was had on the sump pump inspection survey. A number of residents from Briarwood Vista Subdivision questioned why a substantial expenditure for an additional sump pump installation should be required when the houses were con- structed in compliance with Village ordinances in effect at the time. The clerk listed the numerous amendments to the ordinance relating to the use of sewers. Trustee Slavin pointed out that these changes confirmed his previous statements about the need for an overall survey of the sewer system to alleviate flooding. He stated he would oppose the adoption of any ordinance relating to the use of sewers until such time as an informed decision could be made. Decision was made that a three week notice for correction be sent to owners of houses with illegal connection of footing drain tile discharge.to the sanitary sewer. The matter of footing drain tile connections to the sanitary sewer which were d., legal at the time of construction will be discussed at the workshop meeting on October 12th. Q Accept Bid -Peter Baker & Son The manager reported that bids for resurfacing Resurfacing - MFT CS 30 of certain streets, Motor Fuel Tax project CS 30, had been received as follows: Peter Baker & Son - $58,137.00; Libertyville Asphalt - $60,689.00; Skokie Valley Asphalt - $60,683.00. Trustee Schleicher moved, seconded by Trustee Kelm, that the low bid.of $58,137 submitted by Peter Baker & Son be accepted subject to the approval of the Division of Highways. Adopted by the following vote: Ayes: Kelm .,,, , Schleiceh 'r:;.r�Slavig, Turner (4) Nays: None (0) lst Presentation - Ordinance No Parking, North Ave. bulletin board. The first presentation was made of an ordinance prohibiting parking on a part of Notth Avenue. The ordinance has been posted on the lobby Ordinance Amending Variation The ordinance was presented amending the 956 Deerfield Rd. ordinance granting a variation with respect to (0- 70 -44) the property at 956 Deerfield Road, passed January 7, 1963, by deleting the last sentence thereof which restricted ownership and occupancy of the building to Mrs. Bendinelli (Brueggeman) or her daughter. Mr. Walter Moses, Jr.,attorney for the purchaser, requested the adoption of the ordinance at its first reading, since the property has been under contract to purchasa- since July. Trustee Slavin moved, seconded by Trustee Turner, that the rules be wiaved to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Slavin.then moved that the ordinance be adopted. Seconded by Trustee Turner, and adopted by the following vote: Ayes: Kelm, Schleicher, Slavin, Turner (4) Nays: None (0) The President signed the ordinance indicating his approval thereof. Approve Final Plat The Plan Commission recommended approval of the McElwain's Sub. final plat of McElwain's Subdivision, a combining of Lots 10 4W 11, Block 22, H.M. Cornell's Briarwoods Resubdivision, into one lot. Trustee.Schleicher moved, seconded_by Trustee Turner, that the subdivision be approved and texecution of the plat be authorized. Motion carried unanimously. 91 Approve Plan Consultant Contract - Carl Gar ner After a brief discussion of seconded by Trustee Slavin, ized. Adopted by the follo, The Plan Commission recommended approval of the contract with Carl Gardner Asso- ciates for planning consultant services. the terms of the contract, Trustee Kelm moved, that the contract be approved and execution author - wing vote: Ayes: Kelm, Schleicher, Slavin, Turner (4) Nays: None (0)1 Authorize NCR 33 Billing The manager reported that the additional Machine (Used) Acquisition billing for scavenger services has limited billing toene machine. He stated that a reconditioned billing machine can be purchased from National Cash Register Company for $3,000. He proposed that he be authorized to advertise for a used National Cash Register machine, Model 33, and that the Model 32 machine which cannot now be used 'for billing be offered to the High School without charge, since it is doubtful that more than $50 would be received on a trade -in or sale. Trustee Schleicher moved, seconded by Trustee Kelm, that the manager be autkcqrized to proceed as outlined above. Adopted by the following vote: Ayes: Kelm, Schleicher, Slavin, Turner (4) Nays: None (0) Re: Anti- Pollution Bond Referendum A letter was received from the Water Pollution and WAter Resources Commision requesting support of the proposed $750 million bond issue referendum, with a list of dates of hearings on the patter. A letter from the League of Women Voters also urged support of the anti - pollution bond issue. Public Works Director Klasinski was requested to attend the meeting in Waukegan on October 19th where the bond issue will be discussed. Ordinance -Sign Variation. The:::ordinance was presented granting a Union Oil Co. 836 Deerfield Rd. variation from the provisions of the Zoning (0- 70 -45) Ordinance to permit the erection of a sign at 836 Deerfield Road, to be located not less than 37.5 feet from the center line of Deeffield Road, 18 inches from the south property line and 3.5 feet from the west property line; the said sign to be free standing, globe shaped, non - revolving, illumin-ItBd and with the numerals 176 ", and six feet in diameter and 113.04 square feet in surface area, as requested by the Union Oil Company. A representative from the Union Oil Company requested that the ordinance be passed at its first reading since the new building on the property is almost completed. Trustee Turner moved, seconded by Trustee Slavin, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Slavin moved the ordinance be adopted. Seconded by Trustee Turner and adopted by the following vote: Ayes: Kelm, Schleicher, Slavin, Turner (4) Nays: None (0) The President Ai Reports- Communciations the State at a price of been sent to the State, advised that Motor Fuel ;ged the ordinance indicating his approval thereof. The manager reported that salt for snow and ice control will be purchased through $11.08 per ton. Requisitions for squad cars have also giving specifications. The Division of Highways has Tax funds can now be used for street signs. A letter pertaining to annexations was received from the Park District. Trustee Slavin asked that the question of restricing Halloween activities to onee night be taken up at the next meeting. There being no further business, on motion by Trustee Slavin, seconded by Trustee Turner, the meeting was adjourned at 11:35 p.m. APPROVED: ATTEST: ` Preside Village 0-1-erk