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06/01/196497 June 1, 1964 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order in the Council Chambers of the Village Hall on Monday, June 1, 1964 at 8 :30 p.m. The clerk called the roll and reported the following were Present: John A. S. Lindemann James E. Mandler George P. Schleicher Ellis W. Smith James M. Wetzel Absent: I. K. Hearn, President and that a quorum was present and in attendance at the meeting. Also present were Messrs. Byron Matthews, representing the Village attorney, and Norris Stilphen, manager. Trustee Lindemann moved, seconded by Trustee Wetzel, that Trustee Mandler be appointed President pro tem. = Motion carried unanimously. V V Moved by Trustee Wetzel, seconded by Trustee Lindemann, that minutes of the regular meeting held May 18, 1964 be approved as submitted. Motion carried unanimously. Approve P. C. Report A report was received from the Plan Commission Tennaqua Conditional Use recommending that the zoning ordinance be amended to provide that, upon annexation, a conditional use be granted to permit the operation of a swimming and tennis club and related uses, as requested by the Tennaqua Club. Trustee Schleicher moved, seconded by Trustee Smith, that the recommendation of the Plan Commission be accepted and approved, and the attorney be requested to prepare the ordinance to effectuate the conditional use. Motion carried unanimously. Ordinance - Electricity The ordinance was presented amending Sections Application, Fees (0- 64 -20) 22.802, 22.803 and 22.804 of the•Municipal Code, relating to the use of rigid conduit, applica- tions for electrical permits and fees. Trustee Smith moved, seconded by Trustee Wetzel, that the said ordinance be adopted. Upon roll call the ordinance was passed by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. Ordinance - Commission on Human Relations (0- 64 -21) changes in language were propose seconded by Trustee Smith, that by the following vote: The ordinance establishing a Commission on Human Relations, the membership, terms of office and duties and functions was presented. Several ad and approved. Trustee Schleicher moved, the ordinance be adopted. The ordinance passed Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) ;i? The President pro tem signed the ordinance indicating his approval thereof. At Trustee Wetzel's suggestion, the request of Kennedy Development Company for permission to install gas street lights in Scatterwood and Colony Point Sub- divisions was tabled, and will be placed_on the agenda for the next meeting. Annexation Ordinance The ordinance annexing the following described Lyle Petersen (0- 64 -22) property was presented and read in full: The West 200.0 feet of the East 433.0 feet of the South 203.0 feet of the North 1032.0 feet of the South East Quarter of the North East Quarter of Section 30, Township 43 North, Range 12, East of the Third Principal Meridian (except the South 20.0 feet thereof) in Lake. County, Illinois. w • Trustee Schleicher moved the ordinance be adopted; seconded by Trustee Wetzel. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. At Trustee Wetzel reported a notice of hearing had been prepared for variations and annexation of property south of County Line Road, and sent to the attorney for Mr. Carl Metz for his approval. Trustee Schleicher proposed, and the Board approved, that the hearing be advertised for a Monday evening other than a regular meeting date. The manager reported an error had been made in the bid of the low bidder on three police cars, and new bids,would be received at the next meeting. The report of Baster and Woodman regarding the separationrof sewers in the business district was read. The engineer proposed that the 8 inch dry weather outlet from the diversion chamber of the sewage treatment plant be blocked during one or two rainstorms, to see if flow at the plant would be materially reduced. The report stated the cost of sewer separation in the central business district might be a serious objection (to this reconstruction. The manager was directed to arrange for the blocking of the outlet during several rainfalls, and report the results to the Board. A report was received from the Superintendent of Public Works on the Maintenance Agreement with the Department of Public Works and Buildings cover- ing maintenance of Waukegan and Deerfield Roads. He recommended that the allowance for maintenance be increased by $500, and $100 additional for street cleaning. The manager was directed to write to the State Highway Department requesting these additional amounts. Approve Transformer Location A letter was received from Mr. Ronald Waytula Lake Eleanor Subdivision requesting permission to install transformers in the islands of the cul -de -sac streets in the Lake Eleanor Subdivision.cHe stated the islands would be landscaped and maintained at no cost or obligation to the Village. Trustee Smith moved, . seconded by Trustee Wetzel, that the Board approve the construction of trans- formers in the cul -de -sac streets, as requested, subject to an agreement that the islands would be improved with curb and gutters, landscaped, and main- tained in perpetuity by the Lake Eleanor Association heretofore agreed to be established. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) A letter was received reporting that the Society of the Divine Word, Techny, propose to operate a sanitary land -fill on their property. The Society will petition Cook County for a zoning classification that will permit this operation. The manager proposed that the Village Board support this petition since it is estimated the Highland Park operation wi l l be finished in 10 years. Authorize Transfer $4800 - Water, In connection with the proposed Hazel Avenue $11,000 -St. t Brdg. Hazel improvement, the manager reported one property Ave. Improvement owner had deposited a check for her share of the cost, the Park District had written to confirm the agreement to pay cash, and the third owner had written he would accept the proposal to proceed with the improvement on a cash bases, but the check had not yet been received. He stated the Village's share of the cost of the project could be covered by the transfer of funds, and proposed that $4800 be transferred from the Water Fund, and $11,000 from the Street and Bridge Fund. These transfers would provide sufficient funds to pay for the water main loop and street improvements as public benefits. Trustee Wetzel moved, seconded by Trustee Smith, that the transfer of funds be authorized, as stated above. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) A letter was received from the Chairman of the United Fund offering a plaque for display in the Village which had been presented to the United Fund by the Grove School for Handicapped Children in recognition of contributions 99 made by citizens to the school. The manager was•directed to'write to the chairman accppting the plaque and thanking them for the gift. Waive Charges A letter was received from the Junior Chamber Deerfield Family Day of Commerce asking the Board to waive permit fees for booths, rides, etc, for Deerfield Family Day, pointing out that any profits would be used for Jaycee civic projects. Trustee Wetzel moved, seconded by Trustee Smith that all permit fees be waived for Deerfield Family Day rides and inspections be made by Village employees without charge. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) RR Crossings The attorney reported that the Illinois Commerce Commission had ordered that crossing gates be installed at the Hazel Avenue Osterman Avenue, and Greenwood Avenue railroad crossings, the State to pay 75 percent of the cost, the Village 15 %, and the Milwaukee Railroad IM The Commission ordered the Telegraph Road vehicular crossing closed, with a pedestrian crossing protected by flashing lights at that location. If pedestrian gates are to be installed at Osterman, Hazel and Green- wood Avenues, the total cost must be paid by the Village, estimated to be $15,000. The Railroad was ordered to provide a flagman at the Osterman crossing when, trains are switching, and the gates are not in operation. Trustee Lindemann moved, seconded by Trustee Smith, that the Village author- ize and approve the additional cost for,pedestrian gates at the three crossings, the manager be authorized to negotiate with the State Highway Department for payment of the cost of gates from Motor Fuel Tax Funds, and the attorney be directed to write to the Commerce Commission before June 9, 1964 advising them the Village wants the pedestrian gates installed. Adopted by the following vote: Ayes: Lindemann, Mandler,,Schleicher, Smith, Wetzel (5) Nays: None (0) Ayes: Lindemann, Mandler, Schleicher,- Smith, Wetzel (5) Nays: None (0) Refer St. Light Improve- The manager submitted a report proposing ments to Safety Council improvements and extensions to the Waukegan Road street lighting system. Upgrading lights from the Sara Lee plant to County Line would add $165 per year; Upgrading lights from the North end of the business district to Telegraph Road would amount to an additional $492 per year. Trustee Smith suggested the extension of street lights to the High School be investigated for reasons of safety. Decision was made to refer the matter, including a study of street *..I lights for the High School area and the entire length of Waukegan Road, to "[ the Safety Council for its recommendations. U V 1st Presentation- Discussion was had on the first presentation Ordinance - Jurisdictional of an ordinance amending the Jurisdictional Map Amendment Map to show residential zoning west of Wilmot Road from County Line Road to the south end of the Klein We -Go Park Subdivision. Mr Matthews atated it was his opinion a public hearing should be held, since more than a year had elapsed since the original hearing. It was the consensus of the Board that the question be referred to the Plan Commission, and if the Commission feels no hearing is required, the ordinance can be voted on at the next meeting; or the Commission can proceed to advertise a public hearing if it is deemed advisable. Authorize $400 The manager reported an inquiry has been received Petersen Sewer Study on a proposed development of the Petersen tract lying south of the High School. He stated this tract had been a part of Bannockburn at the time Baxter L Woodman made the study of the Deerfield sewerage system, therefore was not included in the pro - jection of capacities and design of the system. He estimated a study of the effect of the additional area on the system would cost about $350. Trustee Smith moved, seconded by Trustee Lindemann, that the Board authorize Baxter and Woodman to make a study of additional sewerage liaci 1 i ties needed for the Petersen tract at a cost not to exceed $400.'. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) RR Crossings The attorney reported that the Illinois Commerce Commission had ordered that crossing gates be installed at the Hazel Avenue Osterman Avenue, and Greenwood Avenue railroad crossings, the State to pay 75 percent of the cost, the Village 15 %, and the Milwaukee Railroad IM The Commission ordered the Telegraph Road vehicular crossing closed, with a pedestrian crossing protected by flashing lights at that location. If pedestrian gates are to be installed at Osterman, Hazel and Green- wood Avenues, the total cost must be paid by the Village, estimated to be $15,000. The Railroad was ordered to provide a flagman at the Osterman crossing when, trains are switching, and the gates are not in operation. Trustee Lindemann moved, seconded by Trustee Smith, that the Village author- ize and approve the additional cost for,pedestrian gates at the three crossings, the manager be authorized to negotiate with the State Highway Department for payment of the cost of gates from Motor Fuel Tax Funds, and the attorney be directed to write to the Commerce Commission before June 9, 1964 advising them the Village wants the pedestrian gates installed. Adopted by the following vote: Ayes: Lindemann, Mandler,,Schleicher, Smith, Wetzel (5) Nays: None (0) loo Offer $150 Settlement The manager reported on flooding problems at A. J. Schaps the Methodist Church and the A. J. Schaps residence on Berkley Court in the unincorporated area. He stated Mr. Schaps had alleged that damages to his basement amounting to $280 had resulted from flooding caused by Village employees who had pumped water from the Methodist Church onto Mr. Schaps' property. A drainage line in- stalled by the WPA had been disrupted by the developer, which contributed to the problem. The manager reported he had offered Mr. Schaps.$150 in settlement of his claim, subject to Board approval, which offer had.been rejected. Trustee Wetzel stated he felt Mr. Schaps should be given an opportunity to present his case. After a brief discussion, Trustee Smith moved, seconded by Trustee Schleicher, that the manager b e authorized to extend an offer of $150 to Mr. Schaps, in settlement of all claims against the Village. .Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith (4) Nays: Wetzel (1) The manager reported a representative of the Lake County Contractors Association had advised him that the North Chicago Contractors Licensing ordinance had been held invalid by the Lake County Circuit Court. Discussion was had on the Village's ordinance relating to the licensing of contractors. Mr. Matthews stated it was his opinion that decisions rendered in the Chicago and North Chicago cases did not apply to Deerfield's ordinance. He stated the decision in the North Chicago case may be appealed to the Supreme Court and recommended that the Board take no action at this time and await further developments. The manager reported the Court had found in favor of the Village in the Hunter vs. Deerfield, and the Village is not required to furnish water to property outside the corporate limits. Decision was made to invite those outisde water users to annex to the Village after the 60 day period for filing an appeal has expired.' 1st Presentation - Ordinance The first presentation was made of an ordinance Sub. Flood Plain Amendment amending the Subdivision Regulations of the Munidipal Code by adding an Article covering Flood Plain Regulations. No Action on Parking- The manager reported the Safety Council had Wilmot Road recommended that an ordinance be adopted to prohibit parking on the east side of Wilmot Road from Deerfield Road to Greenwood Avenue. It was stated complaints on parking had been received from residents living near Pear Tree Park, and that additional parking problems would arise as a result of the new swimming pool at Floral Park. Trustee Wetzel moved, seconded by Trustee Smith, that the recommendation of the Safety Council be approved, and an ordinance prepared. Discussion was had on the advisability of restricting parking, and it was the opinion of several that the Park District should be asked to gravel an area for parking. The motion failed to carry by the following vote: Ayes: Lindemann, Smithy, Wetzel (3) Nays: Handier, Schleicher (2) The manager was directed to write to the Park Board asking them to provide a parking area. Kenmore Sewer The manager reported that construction of a Extension Dropped sanitary sewer extension on Kenmore Avenue on a cash basis had been dropped and checks had been returned to the propoerty owners. He stated owners had decided to employ a contractor who would do the job at a lower cost without protection to trees and shrubs, and he had approved this action. The Lake County Health Department will be asked to continue to check.into the sanitary problem in order to abate any health hazard promptly. Report S/A s Mr. Matthews reported on the current status of Special Assessment projects as follows: S/A 101 - Greenwood Storm -Sewer Pre -trial June 1, 1964 and continued 1 1