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12/06/1965December 6, 1965 The regular meeting of the President and Board of Trustees of the Village of Deerfield was called to order by the President In the tdun6il Chambers of the Village Hall on Monday, December 6, 1965 at 8 :10 p.m. The clerk called the roll and reported the following were Present: H. Ross Finney, President Raymond L. Craig Bernard Forrest Charles H. Raff George P. Schleicher Ellis W. Smith James M. Wetzel Absent: None and that a quorum was present and in attendance at the meeting. Also present were Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager. Ordinance -Mun. Code Amend. Trustee Schleicher moved, seconded by Sub. Bonds t Escrows Trustee Wetzel, that the ordinance be 0 -65 -46 adopted amending Sections 9.119 and 9.119A of the Municipal Code of 1963, pertaining to subdivision improvement bonds, maintenance bonds, and deposits or escrows in lieu of bonds. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Trustee Schleicher moved, seconded by Trustee Craig, that the above - described ordinance be published in pamphlet form. Motion carried unanimously. Ordinance - Zoning Amend. Trustee Forrest moved, seconded by Trustee Time Limit on Variations Schleicher, that the ordinance be adopted 0 -65 -4 amending Section XXII, sub - section F of the Zoning Ordinance to provide that no ordinance granting a variation shall be valid for a period longer than one year unless a building permit is obtained and construction started within such period. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Trustee Craig moved, seconded by Trustee Smith, that the above - described ordinance be published in pamphlet form. Motion carried unanimously. Ordinance- Mun.Code & Moved by Trustee Craig;, seconded by Trustee Raff, that minutes of Zoning Amend. Re: Appointmt. the regular meeting held November 15, 1965 be approved as submitted. Chairman, BZA (0- 65 -48) amending Section XXII.A of the W Motion carried unanimously. Ordinance and Section 8.1001 of the Municipal Code to provide for the appointment of the Chairman of the Board President Finney stated no action-wonld be taken on the ordinance the amending the Zoning Ordinance to include the definition of "Story, one - half ", which has been referred back to thePPlan Commission with Mr. Edward Walchli's letter. Ordinance -Mun. Code Amend. Trustee Schleicher moved, seconded by Sub. Bonds t Escrows Trustee Wetzel, that the ordinance be 0 -65 -46 adopted amending Sections 9.119 and 9.119A of the Municipal Code of 1963, pertaining to subdivision improvement bonds, maintenance bonds, and deposits or escrows in lieu of bonds. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Trustee Schleicher moved, seconded by Trustee Craig, that the above - described ordinance be published in pamphlet form. Motion carried unanimously. Ordinance - Zoning Amend. Trustee Forrest moved, seconded by Trustee Time Limit on Variations Schleicher, that the ordinance be adopted 0 -65 -4 amending Section XXII, sub - section F of the Zoning Ordinance to provide that no ordinance granting a variation shall be valid for a period longer than one year unless a building permit is obtained and construction started within such period. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Trustee Craig moved, seconded by Trustee Smith, that the above - described ordinance be published in pamphlet form. Motion carried unanimously. Ordinance- Mun.Code & Trustee Raff moved, seconded 5y Trustee Zoning Amend. Re: Appointmt. Smith, that the ordinance be adopted Chairman, BZA (0- 65 -48) amending Section XXII.A of the Zoning Ordinance and Section 8.1001 of the Municipal Code to provide for the appointment of the Chairman of the Board of Zoning Appeals by the President with the advice and consent of the Board of Trustees. Adopted by the following vote: 10 Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President ii ;gned the ordinance indicating his approval thereof. Trustee Raff moved, seconded by Trustee Forrest, that the above- described ordinance be published in pamphlet form. Motion carried unanimously. Appoint R. Seiler Chairman, Bd.of Zoning Appeals Wetzel moved, seconded by Trustee ment be confirmed. Motion carried unanimously. President Finney appointed Mr. Robert Seiler as Chairman of the Board of Zoning Appeals. Trustee Forrest, that Mr. Seiler's appoint- Ordinance- Mun. Code Amend. Trustee Raff moved, seconded by Re: Traffic, Chapter 20 Trustee Schleicher, that the 0 -65 -49 ordinance be adopted amending certain sections of Chapter 20 of the Municipal Code of 1963, as follows: Section 20.104 -Signs and Signals; Section 20.305- Driver's Signal; Section 20.309- Vefii,cle turning left; Section 20.314 -Drive on right side of roadway; Section 20-'317 - Overtaking vehicles on the right; Section 20.318- Limitations on Over- taking on the Left; Section 20.336- Backing; and adding Section 20.717 - Mirrors. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: Wetzel (1) The President signed the ordinance indicating his approval thereof. Trustee Schleicher moved, seconded by Trustee Raff, that the above - described ordinance be published in pamphlet form. Motion carried unanimously. Attorney's Reports - The Village attorney reported that Easements, Annexations,BZA grants of easements had been sub- mitted to the Park Board and the Presbyterian Church for the proposed street connecting the Broege property and the Village Hall parking (l)ot, and both easements would be executed shortly by the respective parties. He reported he had conferred with the owner of the RCA tract south of County Line Road, who had indicated he was willing to petition for annexation provided he.is protected by an annexation agreement covering the operations of the company. The property is two plus acres-A ncluding a 60 ft. strip recently purchased from North Shore Gas. He stated the attorney for the owner will prepare an annexation agree- ment for the next meeting. Mr. Houpt reported that the State Supreme Court had sustained the Mundelein ordinance, similar to Deerfield's, which prohibits the sale of food (Good Humor) on the public streets. The attorney's written report on amendments pertaining to the Board of Zoning Appeals was referred to the Plan Commission for a public hearing. He suggested that these sections be removed from the Municipal Code with a eeferral to the Zoning Ordinance. Release $3380.83 - Waytula A request was received from Peter F. Lake Eleanor Escrow Waytula, Inc. for approval of the payment of $4,410 to Frisch Contracting Service for sewer improvements completed in the Lake Eleanot Subdivision, said payment to be made from the Waytula escrow fund. Trustee Raff moved, seconded by Trustee Smith, that the payout of $3,380.73 be approved from the said escrow, as recommended byL.the building commissioner. Adopted by the following vote: 11 Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) Authorize Application Trustee Smith moved, seconded by Trustee Sewer Extension -North Trail Sub. Raff, that the Board authorize the execution of the application to the State Sanitary Water Board for the extension of sanitary sewers in the North Trail Subdivision. Motion carried unanimously. Approve Gracie's Acres Sub.- Juri;Oictional Area area. Trustee Raff moved division oe approved, aid she p l a y on behalf of the Approval was requested for Gracie's Acres Subdivision, a County subdivision located within the Village's jurisdictional seconded by Trustee Schleicher, that the sub - the President and Clerk be authorized to sign Village. Adopted by the tollowing vote: Ayes: Craig, Forrest, Ratf, Schleicher, Smith, Wetzel (6) Nays: None (0) The Village attorney suggested that it might be possible to establish a jurisdictional line so that subdivisions in the unincorporated areas need not be approved by all the municipalities within one and one -half miles of the subdivision. Authorize Pre - Annexation A lengthy discussion was had on the request Agreement - Nordenberg of Mr. Seymour Nordenberg for connection to the Village's sewer and water mains to serve the property south of County Line Road on which he plans to construct a factory for Hirsch Fixtures Company. The Plan Commission recommended the Discussion- Fuller Request A letter was received from the Reverend 1158 Holly S/A 101 Dwight A. Fuller, 1158 Holly Lane, requesting the Board to set aside the assessment spread against his property for the Greenwood Park Interceptor Storm Sewer, Special Assessment No. 101. He stated he had owned the property since September, 1961, he had not received notice of the hearing, and that his property, the East 1/2 of Lot 5, Block 10, Deerfield Park Land t Improvement Assn. Subdivision, was not benefitted by the improvement. Discussion was had on the Reverend Fuller's request. The manager stated the engineer's drawings showed that all of 'Lot 5 was served by the improvement. Trustee Schleicher urged that the Commissioner of Special Assessments make every effort to notify the property owners involved in a special assessment proceedings, not mere compliance with the law on notification, since this is not the first occurrence of this kind. He recommended the water list be checked for ownership. It was pointed out by the clel:k that two errors in the assessment rolls had been brought to the attention of Mr. Byron Matthews, who was then Village attorney. President CO Finney suggested the attorney check into this matter, and it be placed on M the agenda for the next meeting. w Engineer's Fee- An invoice in the amount of $18,132.62 Hovland Improvements was received from Chattes W. Greengard Associates, for engineering services in connection with the design of the proposed Hovland improvements. The manager explained that a credit would be given for this amount if the Board decides to go ahead with the improvement at a later date; if the improvements are constructed under a special assessment proceedings, the Village would be reimbursed by the engineer, and payment made to him from special assessments paid by the property owners. He also stated if the subdivision is taken over by a developer, it might be possible to sell the improvement plans to him. Means of payment to the engineer were discussed. It was the consensus of the Board that the manager should notify him that no funds for this purpose had been budgeted for this year, but it will be included in next year's appropriations. The Village attorney recommended that it be made clear to the engineer that credit is to be allowed if the special assess- ment is undertaken, and the Village would be permitted to sell the improvement plans to a developer if the property is taken over by a builder. Authorize Application Trustee Smith moved, seconded by Trustee Sewer Extension -North Trail Sub. Raff, that the Board authorize the execution of the application to the State Sanitary Water Board for the extension of sanitary sewers in the North Trail Subdivision. Motion carried unanimously. Approve Gracie's Acres Sub.- Juri;Oictional Area area. Trustee Raff moved division oe approved, aid she p l a y on behalf of the Approval was requested for Gracie's Acres Subdivision, a County subdivision located within the Village's jurisdictional seconded by Trustee Schleicher, that the sub - the President and Clerk be authorized to sign Village. Adopted by the tollowing vote: Ayes: Craig, Forrest, Ratf, Schleicher, Smith, Wetzel (6) Nays: None (0) The Village attorney suggested that it might be possible to establish a jurisdictional line so that subdivisions in the unincorporated areas need not be approved by all the municipalities within one and one -half miles of the subdivision. Authorize Pre - Annexation A lengthy discussion was had on the request Agreement - Nordenberg of Mr. Seymour Nordenberg for connection to the Village's sewer and water mains to serve the property south of County Line Road on which he plans to construct a factory for Hirsch Fixtures Company. The Plan Commission recommended the 12 Village enter into a pre- annexation agreement with the company, based on the building commissioner's report that the operations of the company would comply with the Village's "M" zoning regulations. Building Codes were discussed. The building commissioner stated there was some vari- ation in the Cook County Code and the Village,Code, the Village requiring protected non - combustible construction, Cook County requiring non-com - busti b` &; . Trustee Craig moved, seconded by Trustee Smith, that the Village enter into an-agreemen•t!,toi , ser•ve-•the �Nordenber.g- propertyawi th-. sewer. and water-subj,4 ttt to1.Ahe -)cdnd1ti.on that the owners execute a pre - annexation agreement with the Village. Trustee Forrest moved, seconded by Trustee Raff, that the motion beamedded by adding that the builder be required to meet all building regulations of the Village as well as zoning requirements. The amend- ment to the motion was passed by the following vote: Ayes: Forrest, Raff, Schleicher, Smith, Wetzel (5) Nays: Craig (1) The motion as amended was then passed by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The meeting was recessed at 9:35 and re- convened at 9:45 p.m., all members present. The manager reported he had talked to Mr. Nordenberg during the recess and had advised him of the Village's action. Mr. Nordenberg will discuss the Village's requirement for protected non - combustible con- struction with the architect, with whom he was meeting. P.C. Report - No Change A tepbet-WasAreceived from the Plan in Manhole Spacing Commission recommending that no change be made in the requirement that man- holes be spaced not more than 300 feet apart, and variations i,n spacing be permitted at the discretion of the Board. Trustee Craig moved, seconded by Trustee Smith, that the Plan Commission's report be accepted and approved. Motion carried unanimously. Refer Picchietti Plat Back The Plan Commission recommended to Plan Commission approval of the preliminary plat of the Picchetti Subdivision of six lots at Berkley and Wilmot Road, with a variation in lot width and area requirements for four lots. The Village attorney advised that a public hearing on a variation was required before the Board of Zoning Appeals. Trustees Schleicher and Raff expressed concern about substandard lots, and Trustee Schleicher then moved, seconded by Trustee Raff, that the plat be returned to the Plan Commission for re -study because of non - compliance with the Zoning Ordinance. Motion carried unanimously. Approve Preliminary Plat The Plan Commission recommended Hastings Sub. approval of the preliminary plat of the Hastings Subdivision of five lots at Wilmot and Central, all lots meeting all zoning requirements. Trustee Raff moved, seconded by Trustee Craig, that the preliminary plat of the Hastings Subdivision be approved. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) Approve Preliminary Plat A report from the Plan Commission Mc6uire's Resub. recommended approval of the preliminary plat of McGuires Resubdivision of Lots 13, 14, 15 and 16, Block 9, Cornell's Briarwoods Subdivision, into five lots, all meeting the zoning requirements. Trustee Raff moved, 13 seconded by Trustee Craig, that the preliminary plat of resubdivision be approved. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) Discussion - Proposed Mrs. Mary Mazur read a statement from the Library Referendum League of Women Voters in support of a Village library, and asked,.-.the Board to issue a statement in favor of such a library. She pointed out that Deerfield's present library is not comparable to libraries in similar communities, and the League felt, after studying the prolalem, that the establishment of a Village library was the solution. She stated the requirement for a referendum on,the question of a Village library was a petition signed by 50 legal voters of Deerfield, and the support of the Trustees was of the greatest importance. She said the Library Board favored the LeaguesIs proposal and could cooperate fully. Discussion was had and President Finney and several Trustees stated they personally favored a Village library. It was agreed that public support of the library should be obtained through the efforts of the Library Board, the League of Women Voters, Friends of the Library and other civic groups. It was the consensus of the Board that the Village should adopt a W resolution supporting the establishment'-of a Village library after the U petition is filed and the date set for the referendum. V The Village attorney stated a petition for a referendum on the establishment of a Village library is filed with the clerk. An ordinance can then be passed by the Board setting the date for a special election on the question. If no ordinance is passed, the question is submitted to the voters at the next regular Village dlection. Trustee Raff pointed out that a library board should be elected at the time the question is submitted to the voters. President Finney asked the manager to inform the League of Women Voters and the Library Board that Board members support the proposed Village library, and will adopt a resolution at the proper time. Defer Action on Approval A request was received from the Engineer of Lake Eleanor Improvements for approval of all underground improve- ments in Waytula's Lake Eleanor Subdivision, and the acceptance of a one year maintenance bond issued by the Glen Falls Insurance Company, a $400 check to be retained by the Village to cover the installation of headwalls on Lake Eleanor Drive. The building commissioner recommended acceptance of the improvements subject to a one year maintenance bond equal to 10' /0 of the cost of the improvements, the $400 check to be retained until the headwalls are completed and approved. The Village attorney suggested that approval be deferred to the next meeting in order that he may investigate the Village's position with respect to the law suit filed against Waytu-la, which also names the Village. The Board concurred. Trustee Raff asked about the approved list of insurance and bonding companies, and it was suggested that the list be referred to the insurance agent for the Village for his comments. Reports - Communications The manager reported he had checked with Public Service Company on multi vapor lights, but they were not available. He stated the company will install color corrected lights which will give 60'/o added output. Notice was received from the Northeastern Illinois Planning Commission announcing a public hearing in Chicago on Thursday, December 9, 1965. A member of the Plan Commission and several employees will attend with Board approval. A communication was received from the Illinois Municipal League pertaining to the new Police Training Act, which provides for reimbursement to a participating municipality of one -half the cost of all expenses, or $500, whichever is less, for police training during the first year of the 14 officer's employment as a policeman, at schools to be established by the State. The manager reported he had turned the letter over to the Police Chief and Board of Police Commissioner for their comments on the program. Approve Radio Contract The manager reported the new radio contract had been received from Lake County, with price increases approved by resolution of the County Board. Trustee Schleicher moved, seconded by Trustee Wetzel, that the President be authorized to sign the said contract. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) Reports - Communisations The manager reported the Portland Cement Assocnation had prepared an ad about Deerfield streets to be published in the Municipal League magazine. The text of the ad was read and approved by the Board. The manager reported the application for a building permit for tthe 'sewage treatment faci 1 i ty had been received from Kitchens of Sara Lee and the permit would be issued the next day. Bulletin No. 5 was received trom Baxter andWoodman regarding the substi:%ution'ot an Everson chlorinator, a reduction of $128 in the contract price, the total now reduced to $41,921.46. A permit was received trom the State SAnitary Water Board for the extension of the 8 incn sanitary sewer to serve the Earl Broms Subdivision. The manager reported no permit trom the State was required for the separation of sewers in the central business district. A breakdown in the neat excnariger at the sewage treatment plant nad occurred, the manager reported, and oii the advice of the company, all tubes were replaced at a cost of approximately $593. A letter was received from the International Managers Assocation asking if the Village would be interested in participating in a exchange program of municipal employees with other participating municipalities for periods of several weeks to promote better understanding of problems. The assoication would make all arrangements. It was the consensus of the Board that no benefit would accrue to the Village from such a program, since its location in a metropolitan area insured an exchange of ideas::and helpful cooperation with nearby communities. Trustee Schleicher suggested that the new welder generator unit be tested at full capacity. ` Trustee Smith stated the treasuref's report of October 31st covered half the fiscal year, and suggested it was a good time to look into the Villagers financial condition for next year's budget, which may include the purchase of the Broege property, a water reservoir and separatnon of sewers in the business district. The manager will pcepare a report. Trustee Craig proposed the Board give consideration to setting a date to meet with Greenwood Avenue residents to discuss Greenwood Improve - ments. The plans have been completed by Baxter and Woodman. Trustee Raff suggested and the Board approved that the meeting be held Rlionday, January 24, 1966 at 8 p.m. in the Village Hall. Letters will be sent to all property owners who will be affected by the improvements. President Finney reported he had received a letter from the Commanding Officer at Fort Sheridan, expressing thanks to elected and appointed officials in the area, at Thanksgiving. A discussion meeting was proposed by the President for Monday, December 13, 1965 at 8 p.m. in the Village Hall. Items to be discussed include the sewer separation project, Hovland improvements, the proposed King's Cove Subdivision and Trustee Forrest's report on the bridkyards.