03/04/1963f '�
s
March 4, 1963
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 Chambe rs
of the Village Hall on Monday, March 4, 1963 at 8 :30 p.m. The clerk called the
roll and reported the following were
Present: David C. Whitney, President
John F. Aberson
Ira K, Hearn, Jr.
John A. S. Lindemann
James E. Mandler
Maurice C. Petesch
Winston S. Porter
Absent:. None
and that a quorum was present and in attendance at the meeting. Also present
were Messrs. Seymour Axelrood, representing the Village attorney, and Norris
Stllphen, manager.
Moved by Trustee Aberson, seconded by Trustee Petesch, that minutes of
the regular meeting held February 18, 1963 be approved as submitted. Motion
carried unanimously.
Trustee Aberson reported the ordinance establishing excess facility rates
was udder study, and would be ready for consideration at the next meeting. He
stated the committee had met with representatives of Sara Lee, Kleinshcmidt and
Allis Chalmers to discuss the proposed ordinance.
Trustee Porter reported he had met with the Plan Commission to discuss
proposed amendments to the R -6 and R -7 District regulations, and certain changes
had been agreed upon. The report from the Plan Commission will be forthconing
shortly setting forth recommended lot size requirements. Trustee Aberson
asked the manager to make a survey of all the areas zoned two - family and
multiple family that are vacant or improved with single family dwellings.
Ordinance - Northern I
Co. Franchise (0 -63 -6)
for 25 years, to serve
Adopted by the followi
Ayes: Aberson, Hearn,
Nays: None (0)
11. Gas Trustee Porter moved, seconded by Trustee
Petesch, that the ordinance be adopted granting
a franchise to the Northern Illinois Gas Company
the area south of the north line of County Line Road.
ng vote:
Lindemann, Mandler, Petesch Porter (6)
The President signed the ordinance indicating his approval thereof.
0 & R Discussion A lengthy discussion was had on the proposed
0 & R zoning west of Wilmot Road and south of
County Llne Road. Trustee Hearn succintly stated the problem of the School
District in the development of the land as a residential district, and cited the
alternatives in land use: (1) development of the land west of Wilmot as a park
and recreational area; (2) all residential, with great hard'shJp to.'theschobl
district; or (3) development as part residential and part 0 & R, whereby the
residential development would be at least partially offset by the 0 & R.
Mr. Louis Klein, owner of the property south of the Clavey tract, stated
he was opposed to 0 & R zoning on his tract, since it might be years before it
would be developed, due to restrictions placed on the use of land under 0 & R
regulations. He asked that he be permitted to develop the tract as residential
with R -1 and R -1 -A zoning classifications upon annexation to the Village, or
he would find it necessary to develop under County zoning with acre lots and
cheaper houses.
I'n answer to the request from residents that the Village Attorney advise
what effect non - residential zoning west of Wilmot Road would have on the Hovland
Subdivision, Mr. Axelrood stated that 0 & R zoning outside the Village would
have no effect on property within the Village.
Trustee Lindemann stated he agreed to 0 & R zoning south of County Line
Road, since a trend to non - residential uses had been started by the Volkswagen
development, however, it was his opinion that the case for 0 & R north of
County Line and west of Wilmot was not entirely convincing. He stated that
249
acceptance of Mr. Valenti's proposal for the Clavey tract would protect the north-
west corner of Wilmot and Deerfield Road, where it is reported a gas station drive-
way permit has been requested from the Division of Highways.
Mr. Valenti, through his attorney, submitted an ordinance providing for
automatic classification of the Clavey tract as R -1 and R -2 districts.up9n,,annexa-
tion. The attorney stated adoption of the zoning amendment was the first step in
the procedure established by the Board at the January 22nd meeting, which would
permit Mr. Valenti to petition for annexation as heretofore agreed. The ordinance
was read in full. President Whitney stated the Village attorney had recommended
that no action be taken on the ordinance, and that there might be serious problems
which should be studied.
Further discussion ensued, and minutes of the January 22nd meeting were read.
President Whitney re- affirmed his previous statement that he di-d not want the
zoning resolved on a piecemeal basis. Mr. Klein again asked that he be permitted
to develop his property as residential, since construction of homes would proceed
slowly and would not create a problem for the school district. President Whitney
pointed out developers had contributed $350 per house to the school district to
partially alleviate the problems of the schools.
C
a-- The meeting was recessed at 10 :40 p.m. to permit the Board to discuss the
00 matter as a Committee of the Whole. The meeting was reconvened at 10 :55 p.m.,
"T all members present.
1st Presentation - Ordinance Trustee Petesch moved, seconded by Trustee
Zoning Amendment -R -1 & R -2 Lindemann, that the reading of the ordinance
Classification on Annexation constitute its first presentation under the rules
for Clavey tract of the Board, as a sign of confidence in Mr.
Valenti, and to permit him to .;o ahead on filing
a petition for annexation. Adopted by the following vote:
Ayes: Aberson, Hearn, Lindemann, Mandler, Petesch, Porter (6)
Nays: None (0)
Appoint Robert Seiler The Manpower Commission submitted recommendations
Bd, of Zoning Appeals for appointment to the Board of Zoning Appeals
to fill the vacancy created by the resignation
of Mr. Ned Mitchell. President Whitney appointed Mr. Robert Seiler, 928 Castlewood,
to the Board of Zoning'Appeals to full the unexpired portion of Mr. Mitchell's
term. Trustee Lindemann moved, seconded by Trustee Hearn, that Mr. Seiler's
appointment be confirmed. Adopted by the following vote:
Ayes: Aberson, Hearn, Lindemann, Mandler, Porter (5)
Nays: Petesch (1)
A letter was received from Deerfield Commons requesting permission to hold a
Free Fall Parachute act during the summer of 1963. The Board was favorably disposed
to this request provided the manager ascertain that no liability would accrue to
the Village, and adequate insurance coverage was secured by the firm.
School Crossing Guards A letter was received from the State Department of
Use of Patrol Boys Public Works stating School Crossing lights must
be operated by adult crossing guards or school
patrol boys. Trustee Mandler recommended that School'District #109 be notified,
since they had heretofore represented that only adult crossing guards were permitted
to operate school crossing lights. Trustee Hearn moved, seconded by Trustee
Mandler, that the Board be put on record that, if the small tax increase to pay the
costs of school crossing guards is not passed in the April 16th election, this
burden will be turned back to the schools in view of the.letter from the State
indicating that school patrol boys are authorized to control the children and to
turn on school crossing lights to control traffic; the schools to be notified of
this action by the Board and copies of the letter from the State to be sent them.
Adopted by the following vote:
Ayes: Aberson,Hearn, Lindemann, Mandler, Petesch, Porter (6)
Nays: None (0)
Request Plan Commission Report Trustee Petesch moved, seconded by Trustee Mandler,
that the manager be directed to send a letter to
the Plan Commission requesting their report on the 0 & R revised regulations and
the jurisdictional area map amendment proposed by the Board.
Motion carried unanimously.
250
Outside Water Users The manager reported that he had notified all
persons using Village water and sewer service
for properties outside the Village that these services would be discontinued
after 6 months unless annexation petitions were filed, in accordance with
Board policy. The 6 month period having expired, he asked for Board direction
as to the next step to be taken. Mr. Eric Graham, attorney representing almost
all of the persons affected, stated he had discussed the matter with the Village
attorney, and had pointed out that these connections were made after formal
action and authoriziation by past Boards, as shown in the minutes. He asked
th t the full six months be allowed before any action is taken by this Board,
in order that the matter be studied further. He stated that, in at least one
case, the Village had initiated the connection to water and sewer lines, and
in all cases, additional fees of $75.00 were paid, and in his opinion, this
constituted a contract. It was the consensus of the Board that no action be
taken before April 1, 1963, and the Village attorney be consulted on the matter.
Deny Pedersen Bldg. Permit The Building Commissioner recommended approval
747 Central Avenue of a Building Permit for a warehouse at 747
Central Avenue as requested by Arnold Pedersen.
The Building Board of Appeals reported review and approval of plans. The Building
Commissioner stated it was his opinion that the east lot line could be considered
a rear property line, since the warehouse would be served by a driveway along
the west side of the property, which driveway would be considered as frontage.
The site plan was reviewed, and Trustee Porter pointed out that the tract fronted
on Central Avenue, and therefore only the south property line could be considered
the rear lot line, and the sideyard requirements of the zoning ordinance must
be applied. Trustee'Petesch moved, seconded by Trustee Mandler, that Mr. Pedersen's
application for a building permit be denied on the basis that the location of
the proposed warehouse does not comply with ordinance requirements for sideyards.
Adopted by the following vote:
Ayes: Aberson, Hearn, Lindemann, Mandler, Petesch, Porter (6)
Nays: None (0)
Trustee Petesch reported he had noticed construction of what seemed to
be an addition at 699 Waukegan Road, and that no building permit was posted.
He asked that the Building Commissioner check tosee if a building permit is
required for the work being done at that location.
Trustee Petesch left the meeting at 11 :55 p.m.
Authorize Foreclosure Taxes The manager reported that he had been notified
Lot 1, Sherman Sub. by Mr. Karl Berning, County Treasurer, that the
State's Attorney would approve foreclosure of
delinquent taxes on Lot 1, Sherman's'Subdivision, for a minimum bid of $100.00.
He stated it was desirable that the Village acquire this lot since a lift station
has been constructed on it. Trustee Lindemann moved, seconded by Trustee
Porter, that the Village attorney be directed to prepare the necessary papers
for the foreclosure. Adopted by the following vote:
Ayes: Aberson, Hearn, Lindemann, Mandler, Porter (5)
Nays: None (0)
Approve Variations The Board of Zoning Appeals recommended that
3 Trucks in Res. Dist. variations be granted to Messrs. Soprani,
Bengston and Fuller to permit the outside
storage of trucks on their property in residential districts. Discussion was
had on the enforcement of the ordinance which prohibits parking of commercial
vehicles in a residential district, and whether such an ordinance should be a
zoning ordinance or be prosecuted as a nuisance. A letter was received from
the Village attorney stating that the parking of trucks can be prohibited under
the zoning ordinance, but he felt there might be some question about the
parking being prohibited outside a garage, but permissible if parked inside.
Trustee Hearn suggested that, in order to put the Village in the strongest
position, it might be well to delete the phrase concerning parking in a garage,
and the ordinance state only that storing commercial vehicles in a residential
district is prohibited. Trustee Aberson moved, seconded by Trustee Hearn,
th t the Board accept the recommendation of the Board of Zoning Appeals regarding
the three variations, and the attorney be directed to prepare the ordinance
granting said variations.
Motion carried unanimously.
The manager was directed to ask the Attorney to prepare the amended
ordinance as proposed by Trustee Hearn, and refer same to the Plan Commission
for a publ i c' hearing.
The meeting was adjourned at 12 :20 a.m., and was immediately thereafter
convened to pass the 1963 election ordinance.
Ordinance - 1963
(0-63-7)
Trustee Porter m
permit action on
following vote:
251
Election The 1963 election ordinance was presented, calling
for the election of three Trustees and the
Municipal Justice, to be held April 16, 1963.
Dved, seconded by Trustee Lindemann, that the rules be waived to
the said ordinance at its first presentation. Adopted by the
Ayes: Aberson, Hearn, Lindemann, Mandler, Porter (5)
Nays: None (0)
Trustee Porter then moved, seconded by Trustee Hearn, that the 1963 election
ordinance be adopted. On roll call, the ordinance was passed by the following vote:
�Tb
Ayes: Aberson, Hearn, Lindemann, Mandler, Porter (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
There being no further business to come before the meeting, the President
adjourned the meeting at 12:25 a.m.
ATTEST:
Village Clerk
1
APPROVED:
President