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07/20/1964 (2)110 July 20, 1964 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, July 20, 1964 at 8 :20 p.m. The clerk called the roll and reported the following were Present; I. K. Hearn, President John A. S. Lindemann James E. Mandler George P. Schleicher Ellis W. Smith Absent: James M. Wetzel and that a quorum was present and in attendance at the meeting. Also present were Messrs. Byron Matthews, Village attorney, and Norris Stilphen, manager. Trustee Mandler moved, seconded by Trustee Schleicher, that minutes of the regular meeting held June 16, 1964 be approved as corrected. Motion carried unanimously. Trustee Wetzel entered the meeting at 8 :25 p.m. and was present there- after. Approve Bills June Payroll Postmaster First Nat]. Bk. of Deerfield Mola Sewer Contract Carolyn Breitling Fred G. Breitling Northern Trust Valenti Builders Elmer Krase Recorder of Deeds Lutz Construction Fred G. Breitling Carolyn Brei tl,i,ng County Treasurer Eric Bolander Eric Bolander Baxter & Woodman Lakeland Construction Baxter & Woodman American Meter Co. American Public Wks. Assoc. BadgerMeter Mfg. Peter Baker & Spn Ball Pen Co. Beco Business Robert E. Bowen Bowman Products Co. B. A. T., Inc. Thomas Butler James B. Clow & Sons Commons Paint & Glass Craftwood Lbr. Co. W. S. Darley & Co. George A. Davis, Inc. Deerfield Electric Co. Deerfield Oil Co. Deerfield Paint & Glass Deerfield Review Del Chemical Dery Press E & H Utility Everett Garage Helen Finnell C. B. Foelsch, M. D. Carl C. Freiman The following bills were presented for consideration: $ 26,660.63 53.52 2,057.68 1,000.00 224.70 224.70 1,556.50 180.00 168.00 49.50 270.00 224.70 224.70 1,178.07 6,861.53 1,247.48 278.15 902.14 490.4] 297.35 30.00 259.98 1,207.20 15.35 53.84 10.05 89.52 541.24 25.00 327.00 87.50 90.00 17.15 96.00 122.54 15.20 117.83 117.59 142.60 2.50 580.80 9.00 34.12 22.50 2.50 1 1 Trustee Mandler moved, seconded by Trustee Smith, that the bills as listed above be approved for payment. Adopted by the following vote: Ayes: Lindemann, Nays: None (0) Ordinance - Tenna Conditional Use - Tennaqua Swimming swimming and tenn Mandler, S qua (0-64-23) and Tennis is Club and I l t chleicher, Smith, Wetzel (5) Trustee Mandler moved, seconded by Trustee Schleicher, that the ordinance be adopted granting a permanent conditional use to the Club to permit the use of the Club property as a to use their private well for their swimming pool. Grimm- Hansen - Treland 26.65 Grove Dodge Sales 121.50 Helanders Inc. 3.90 Highland Automotive 70.09 City of Highland Park 23,582.52 Highland Park Fuel 1,163.82 Homelite 25.22 Howell Tractor 74.99 Illinois Bell 237.80 I. B. M. 4.14 Irv's Fire Exting. Phil Johnson 17.75 7.95 Joseph Lumber Co. 27.99 Kale Uniforms 232.50 Kee Lox Mfg. Co. 9.18 Ed. Klasinski 7.05 Wm. Loving 25.00 R. ZH. Lyons Equip. 55.30 Thomas A. Matthews 1,885.86 Menoni 8 Mocogni 411.84 Meyer t Wenthe 14.40 �y Minnesota Mining 395.00. lf� Motorola 902.00 Tom Murray Co. 7.50 Mutual Service 56.90 V Myers Brothers 77.50 National Cash Register 338.90 Nelson- Eismann 32.90 Ann S. Olesak 3.50 Olson Printing 67.50 Pavlik Bros. 4.51 David Petersen 3.25 Petty Cash 98.71 Postmaster 100.00 Joseph G. Powell 13.95 Catherine Price 19.25 Public Service 1,624.92 David Quinn 3.16 Village of Deerfield 21.84 Recorder of Deeds 54.00 Reiland & Bree 12.09 Road Material Corp. 199.18 Sanfax Corp. 130.15 Sears, Roebuck 62.79 Sinclair Mineral 225.00 Charles J. Smalley 3.00 N. W. Stilphen 6.85 Sunray DX Oil Co. 65.60 Swiss Maid 71.40 Talens t Sons 15.45 - Tri -Test Munitions 508.50 Henry L. Uteg 100.00 Verako Products 45.15. Village of Deerfield 25.00 Village of Deerfield 86.46 Village of Deerfield 25.00 Village of Deerfield 25.00 Village Hardware 25.17 Visi -Flash Rental 17.00 Frank Wagner 31.05 Ward Brothers 324-00 Westminster 178.98 Zep Mfg. Co. 75.05 Trustee Mandler moved, seconded by Trustee Smith, that the bills as listed above be approved for payment. Adopted by the following vote: Ayes: Lindemann, Nays: None (0) Ordinance - Tenna Conditional Use - Tennaqua Swimming swimming and tenn Mandler, S qua (0-64-23) and Tennis is Club and I l t chleicher, Smith, Wetzel (5) Trustee Mandler moved, seconded by Trustee Schleicher, that the ordinance be adopted granting a permanent conditional use to the Club to permit the use of the Club property as a to use their private well for their swimming pool. 1.1.2 Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Deny Kennedy A report was received from the Safety Council Gas Lights recommending denial of the request of Kennedy Development Co. for permission to install gas lights on the property line of each home in Scatterwood and Colony Point Subdivisions. The Council pointed out street intersections and mid -block lights would not be provided under Mr. Kennedy's proposal, as required by Village ordinance, and the Village would have no control over maintenance. Trustee Mandler moved, seconded by Trustee Lindemann that the recommenda- tion of the Safety Council be acoepted, and Mr. Kennedy's request be denied. Motion carried unanimously. The President directed the manager to send a copy of the Safety`Council's letter to Mr. Kennedy, adding that if Village requirements fori-lights are met, favorable consideration would be given to his proposal. _Approve Waukegan Rd. Lights A report was received from the Safety Council approving the proposed upgrading of the Waukegan Road street lighting system, and recommending that the Board give consideration to the extension of lights north from Telegraph Road to the High School for the protection of students and adults after dark. The manager stated a proposed development of the Petersen tract south of the HighSchool included a street to the High School which would be lighted and would be used by students. He proposed the matter be held in abeyance until September. Trustee Mandler moved, seconded by Trustee Lindemann, that the manager be authorized to proceed with a contract for Waukegan Road light upgrading at a cost of $165 per year south of Deerfield Road and $492 north of Deerfield Road to Telegraph Road. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smifbh, Wetzel (5) Nays: None (0) Sub. Flood Plain The second presentation was made of a pro - Amend. Dropped posed amendment to the Subdivision regula- tions relating to flood plain requirements. A letter was received from the Village attorney stating he saw no necessity to repeat the Flood Plain Zoning regulations in the Subdivision regulations. Trustee Wetzel moved, seconded by Trustee Smith, that the Board vote on the proposed ordinance. The motion failed to pass, those voting Aye: None; Nay: Al 1 . lst Presentation - Bldg. Code The first presentation was made of an Amend. Re. Flood Plain Const. ordinance amending the Building Code by adding regulations relating to construction in a Flood Plain District. Appoint H. Winer Trustee Mandler reported that Mr. Harold Prosecuting Atty. Winer, who has been acting as Prosecuting attorney for the Village, has been doing a good job, and recommended that he be asked to continue. It was the consensus of the Board that the manager be authorized to notify Mr. Winer of the approval of his appointment as prosecuting attorney for the Village.on a permanent basis, with fees in accordance with the standard schedule. The attorney was directed to prepare an ordinance to establish the position of prosecuting attorney. Trustee Mandler reported he had discussed the question of a children's Benefit Tag Day with Mr. Harry Henderson, Chairman of the United Fund. The Board of the United Fund is opposed to any separate fund raising drive since such activities tend to defeat the purpose of the United Fund. The manager was directed to write the sponsors of the tag day suggesting they apply to the United Fund for participation in the Fund. 1 1 1 113 President Hearn stated it was the consensus of the Board that the present 0 & R zoning indicated on the jurisdictional map for the area west of Wilmot Road south of the Klein property remain unchanged. Letters had been received from residents and the Board of Education of School District No. 110 strongly opposing any change. Trustee Schleicher pointed out that a public hearing would be required before any rezoning and annexation of the property, and the proposed use would be known. Trustee Mandler urged that a strong effort be made to get some one to develop the land, and not wait until a developer comes along asking for a use that may not be compatible. Appropriation Ordinance Trustee Lindemann moved, seconded by Trustee 0 -64 -24 Mandler-, that the Appropriation Ordinance for the year beginning May 1, 1964 and ending April 30, 1965 be adopted. Upon roll call, the ordinance passed by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) The President signed the Ordinance indicating his approval thereof. Safety Council Report A report was received from the Safety LO Council stating they planned to continue their Adult Education Program, and suggesting that the bicycle safety and •� licensing program be handled by the Police Department, with some assistance by V Council members. They requested that a Police officer be appointed to attend V Council meetings and work with them on safety matters. The officer would replace Lt. George Hall who has been appointed Juvenile Officer, and the Council proposed the appointment of Sgt. Robert Charles. Discussion was had on the bicycle program, and it was the consensus of the Board that the program should be continued if financially feasible. The manager was directed to take up the matter of costs with the Chief of Police as wellas the appointment of a Police officer to the Safety Council, and report to the Board at the next meeting. Authorize TV Sewer Inspection A lengthy discussion was had on flooding Engineer Study on Flooding problems and possi$le solutions. Residents of Rosemary Terrace stated flood conditions were worsening, and asked the Board to require disconnection of downspouts. Trustee Mandler moved, seconded by Trustee Wetzel, that Baxter and Woodman, engineers, be directed to study the feasibility of a pump installation at Carlisle Place-and Cumnor Court.to alleviate flooding, and that the Board authorize an increase in the amount available for the TV inspection of sewers from $1500 to $5000, as recommended by the manager. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) Insurance proposals were referred to the Finance Committee for study. President Hearn asked for a preliminary report from the committee in 30 days, or the nearest meeting date. Plan Commission Report The report of the Plan Commission was read, So. Waukegan Zoning recommending denial of the petitions of Tu 1 District Messrs. Irl Marshall, Arthur Ullmann and others, to rezone property on the west side of South Waukegan Road to the B -2 Central Business classification, and further recommending that the Zoning Ordinance be amended to establish regulations for a new Transitional Use District. The proposed ordinance was read in full. Mr. Stanley Grosshandler, attorney for Mr. Marshall, stated they had not been notified of the hearing, and objected to several requirements of the proposed ordinance relating to minimum lot size, setbacks, a separate building for each use and the minimum size of buildings. He suggested several modifications which would make the proposed ordinance acceptable to his client. He will submit a letter giving his suggestions. A letter was received from Mrs. William P. Bradley opposing the petitioned rezoning. Mr. Bradley and several other residents of the Briarwood Vista Subdivision spoke in opposition to the rezoning, and asked that further study be given to the area. Theysstated they feared a "Glenview strip" type of development which would be unattractive, increase traffic congestion, and adversely affect development on the east side of Waukegan Road. It was pointed out that the property in question had been purchased with a residential classifi- 114 cation. Mr. Bradley stated petitions were being circulated and 158 signatures had been obtained objecting to the proposed business use of the property. Mrs. Marian Cole urged that no change be made in the present 0 t R classification. of these properties, and pointed out that variations from the greater restrictions of the proposed Transitional Use District were being proposed prior to the enactment of the ordinance, and downgrading would almost certainly result. President Hearn stated the proposed TU 1 District set up greater restrictions than either of the present Business District regulations, which would prevent a Glenview type development. Mr Richard Ross, attorney for Messrs. Weisenberg, Ullmann and Sackheim, stated his clients would be satisfied with the TU 1 District as proposed. The Plan Commission's recommendations will be given further study by the Board. MFT Audit The audit report of Motor Fuel Tax Funds by the State Auditors was received. Trustee Mandler moved, seconded by Trustee Smith, that the audit be accepted and placed on file. Motion carried unanimously. Resolution - Establishing Trustee Lindemann moved, seconded by Trustee Improvement t Extension Acct. Schleicher, that a resolution be adopted authorizing the Treasurer to establish a separate improvement and. Extension Account under the Water Department, as authorized by the Water Revenue Bond Ordinances of 1959 and 1960, and to post $950 per month from water revenues in said account commencing August 1, 1964. Motion carried unanimously. Award Contract - Hackberry Paving Mayer Paving - $4,197.55 Eric Bolander Co. E. A. Mayer Construction Co. Mayer Paving Co. Sealed bids for the paving of a portion of Hackberry Road were opened and read as follows: $ 4,784.70 4,393.20 4,197.55 Trustee Smith moved, seconded by Trustee Mandler, that the contract be awarded to the low bidder, Mayer Paving Co., at the bid price of $4,197.55. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) Resolution Establishing Trustee Smith moved, seconded by Trustee Prevailing Wages Mandler, that a resolution be adopted establishing prevailing wages in the Village of Deerfield for public works coming under the jurisdiction of the President and Board of Trustees. Motion carried unanimously. 1st Presentation - Ordinance Plan Commission Amendment payment of wages to a secretary who The first presentation was made of an ordinance relating to the appointment of the Chairman of the Plan Commission and is a member of the Commission. Ordinance Wilmot Road An ordinance was presented amending Section Parking (0- 64 -25) 20.511 of the Municipal Code to prohibit parking on Wilmot Road on the west side from Deerfield Road to hazel Avenue, and on the east side from Montgomery Avenue to Garand Drive. Trustee Lindemann moved, seconded by Trustee Smith that the rules be suspended to permit passage of the ordinance at its first presentation. Motion carried unanimously. Trustee Smith then moved, seconded by Trustee Schleicher, that the said ordinance be adopted. Upon roll call the ordinance passed by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) 1 1 1 M l.P0i T U v 11'S The;-President signed the ordinance indicating his approval thereof. Bd. of Zoning Appeals Report The report of the Board of Zoning Appeals Approve Viking Sideyard was read recommendi'ng,- denial of the petition Variations of Mr. Clifford Johnson for a variation from the requirements of the Zoning Ordinance to permit a total of sideyards of 14 feet on Lots 1 to 6, inclusive, in the Viking Resubdivision. Discussion was had on the ordinance relating to sideyard requirements for lots less than 75 feet in width, and the attorney was requested to prepare an ordinance to clarify these requirements. After further discussion, Trustee Lindemann moved, seconded by Trustee Mandler, that the Board not concur with the recommendation of the Board of Zoning Appeals and a variation be granted to permit sideyards totalling 14 feet on Lots 1 to 6, inclusive, Viking Resubdivision, and the attorney be directed to prepare the necessary ordinance. Motion carried unanimously. Resolution Accepting Dedication Hackberry Road the right -of -way of Hackberry Road Motion carried unanimously., Trustee Mandler moved, seconded by Trustee Schleicher, that a resolution be adopted accepting the dedication of a portion of by the Park District, for street purposes. The President signed the resolution and the plat of dedication. Ordinance - Variations A report was received from the Board of Lots 13 & 37, Kings Cove Zoning Appeals recommending that varia- Sub. (0- 64 -26) tions be granted from the rear yard requirements of the Zoning Ordinance to permit the construction of residences on Lots 13 and 37, Kings Cove Subdivision, with rear yards of not less than 34 feet and 31 feet, respectively. A letter was received from Mr. Irwin Blietz requesting prompt action on this matter since he is ready to start construction. Trustee Mandler moved, seconded by Trustee Schdei.cher, that the Board accept the recommendation of the Board of Zoning Appeals and the variations be approved. The ordinance was presented granting the variations as requested. Trustee Wetzel moved, seconded by Trustee Smith, that the rules be waived to permit action on the said ordinance at its first presentation. Motion carried unanimously. Trustee Schleicher moved, seconded by Trustee Mandler, that the ordinance be adopted granting a variation to permit construction of residences on Lot 13 with a rear yard of not less than 34 feet, and on Lot 37 with a rear yard of not less than 31 feet, in Kings Cove Subdivision. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Shepard Law Suit Lost A letter was received from the Village attorney stating that the Appellate Court had reversed the decision of Judge Moran in the Shepard lawsuit, and directed the Village to approve the plat of subdivision of land lying south of the Deerfield Garden apartments with access to Osterman Avenue across Lot 37, Osterman's Subdivision, Authorize Settlement The manager reported that the Village Mauer Suit attorney had recommended that a settlement should be obtained in the Mauer law suit, and three Trustees, Mandler, Schleicher and Wetzel, had informally approved the settlement at the meeting of1'Ju1y 13, 1964, when a quorum was not present. Trustee Lindemann moved, seconded by Trustee Schleicher, that the attorney be authorized to effect a settlement in the Mauer case to establish a non- conforming ese for one doctor's office in the residence at 924 Deerfield Road. Motion carried unanimously. 116 Approve Scavenger A letter was received from Mr. Gene Kieft, Rate Increase Deerfield Disposal, requesting the Board to permit an increase in the rate for scavenger service from $3.50 to $3.85 per month, basing his request on increased costs. Trustee Wetzel moved, seconded by Trustee Lindemann, that Mr. Kieft's request be approved, and the attorney was directed to prepare an amendment to establish a maximum charge of $3.85 per month for scavenger service. Motion carried unanimously. Ordinance - Variation St. Improvements (0- 64 -27) zoned for 20,000 square feet lots constructed in accordance with pl, and Board of Trustees even though An ordinance was presented amending Section 9.212 of the Municipal Code to provide that where property on both sides of a street is for single family residences, streets shall be ans and specifications approved by the President these differ from the standard requirements. Trustee Mandler moved, seconded by Trustee Lindemann, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Lindemann moved, seconded by Trustee Schleicher, that the ordinance be adopted. Upon roll call the ordinance passed by the following vote: Ayes: dindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) The President signed the ordinance indicating his approval thereof.' Resolution - Refer Hovland Trustee Mandler moved, seconded by Trustee S/A Ordinance to Committee Schleicher, that a Resolution be adopted referring the Ordinance for improvements in the Hovland Subdivision by Special Assessment, be referred to the Committee of the Whole for study. Motion carried unanimously. Approve $1880 Additional The manager reported there had been a mis- For Hazel Ave. Paving understanding in the pro- ration of costs for the Hazel Avenue paving project, due to the installation of part of macadam base by the Park District with no provision made to cover the cost of top surfacing. He recommended that the Board pay the cost of the additional surfacing. Trustee Wetzel moved,-seconded by Trustee Smith, that the expenditure of an additional $1880 be approved in connection with the paving of Hazel Avenue. Adopted by the following vote: Ayes: Lindemann, Mandler, Schleicher, Smith, Wetzel (5) Nays: None (0) President Hearn requested the Building Inspector and Fire Marshal to re- inspect the Legion Building in connection with corrections of ordinance violations, and report to the Board at the next meeting. The manager reported one bid had been received for a tar kettle. Trustee Schleicher suggested the matter be tabled until the eext meeting, and further bids be requested. The manager reported the air conditioner serving the Board room was not operating properly due to a valve malfunction, and other part failures. Crown Temperature Engineers estimated the cost of parts' and labor to be $895.00. It was the consensus of the Board that repairs to the air condition- ing unit be deferred to the next fiscal year. There being no further business, on motion by Trustee Wetzel and seconded by Trustee Mandler, the meeting was adjourned at 12 :10 a.m. APPROVED. ATTEST: President —6 Village Clerk