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12/05/1966162 December 5, 1966 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 Mondgy, December 5, 1966 at 8 :10 p.m. The clerk called the roll and reported that 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. Moved by Trustee Raff secpnded by Trustee Schleicher, that minutes of the regular meeting held November 21, 1966 be approved as corrected. Motion carried unanimously. In connection with a proposed meeting on off - street parking, decision was made that the Parking Committee meet with the merchants prior to scheduling a meeting with the Board of Trustees to discuss implementation of the off - street parking program. Re: Off- Street Parking A letter from the Village attorney Ordinance listed certain changes in language for purposes of clarification in the proposed amendment to the Zoning Ordinance requirements for off - street parking and loading. Trustee RAff asked that the attorney prepare the ordinance including recommended changes for, presentation at the next meeting. The Board concurred. Discussion -St. Lights The manager reported that the cost for OK Test Installation installation of seven street lights in Table for Policy Decision the Bayberry- Timber Hill area, as requested by residents, would be $250 per light with an aluminum pole and $125.50 per light if a galvanized iron pole is used. He also reported that a petition for the installation of street lights had been received from residents of the Woodland Park area. A lengthy discussion was had on street lighting, methods of financing the installation of lights, whether gas or electric lights should be used, and maintenance and operational costs on the basis of a village -wide program. The manager said a representative from Commonwealth Edison had offered to install an electric Colonial fixture without charge to demonstrate the greater illumination provided by electric lights as compared to gas lights. It was pointed out that the initial cost for electric lights was greater than gas lights, but operational and maintenance costs for electric lights were less than for gas lights. Decision was made that the offer of Commonwealth Edison be accepted, the light to be installed in the near vicinity of the renovated gas light, for ease in comparison of illumination. After further discussion, it was the consensus of the Board that no request for street lights should be approved until a policy on street lighting has been formulated. Ordinance - Variation The Plan Commission's report on drive - for Bulko Signs way widths was read in which it was 0 -66 -38 stated that it was their opinion that the 27 foot width specified by Ordinance was not overly restrictive. A report from the Plan ConsultaDtL was attached stating the 27 foot width was reasonable. Discussion was had, Trustee Raff pointing out that all other service stations had driveways at least 35 feet in width, and that the Board of Zoning Appeals had recommended the granting of a variation to Bulk Petroleum Corporation for 35 foot driveways on the basis of hardship. The Village attorney 163 discussed briefly the legal aspects of non - conforming driveways, and the reasonableness of the 27 foot restriction. Trustee Raff then moved, seconded by Trustee Smith, that the Ordinance granting variations to the Bulk Petroleum Corporation, heretofore 'tabled by Board action, be considered at this time. Motion carried unanimously. The Ordinance granting a variation for signs at the proposed Bulko service station, 663 Waukegan Road, was presented, the vacation to permit two 35 foot driveways having been deleted by Board action at the November 7, 1966 meeting. Trustee Forrest moved, seconded by Trustee Craig, that the Ordinance be adopted as presented: Adopted by the following vote: Ayes: Craig, Forrest, Schleicher, Wetzel (4) Nays: Raff, Smith (2) President Finney stated he was withholding his signature and would veto the ordinance at the next regular meeting. The Village attorney pointed out C7 that a veto of the ordinance would nullify the sign variation. The attorney in for Bulk Petroleum Corporation asked that the record show that the Company's �+ petition for a,tvariation for 35 foot driveways had been denied by the Board of W Trustees, although the variation for signs had been granted. V Downspout Disconnections The manager reported that.practically all downspout disconnections in the Woodland Park area had been completed, and that smoke testing had been discontinued for the winter. He stated that other work on infiltration problems would continue through the winter as time and weather permit. Trustee Smith asked for a complete report on downspout disconnections, including how many homes had been tested, and how many remained to be tested. The manager reported that 125 tons of salt had been spread on icy roads on Sunday night. Approve P.C. Request Trustee Raff moved, seconded by TrusteeCraig, Community Discussion Dinner that the Board authorize the Plan Commission Meeting to hold a Community Discussion dinner meeting at a time and place of their selection. Trustee Wetzel questioned the expenditure of Village funds for this purpose, and stated there had been no report from the Plan Commmission on the success of the last meeting, nor any program presented for the proposed meeting. He pointed out that other advisory groups might well feel that the benefits of a dinner meeting should be extended to them. Upon roll call the motion authori.zing.the meeting was adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: Wetzel (1) Trustee Smith asked that the manager, in transrmi.ttgng the Board's authorization for the meeting, ask that the Plan Commission submit an objective report on all facets of the meeting within the month. Communications - Deerfield A letter from the Deerfield Home Owners! Asso- Home Owners' Assocetion ciation was read, asking that the Board do all they can to annex landbetween the corporate limits and the Toll Road and development as a single- family residential district. Development under the County 0 & R classification does not represent the wishes of the people by reason of esthetics, depreciation of property values and the general welfare. Trustee Schleicher moved, seconded by Trustee Wetzel, that receipt of the communication be acknow.ledged,.thanking the Home Owners group for their interest in Village problems. Motion caried unanimously. Trustee Craig stated the letter should have been presented to the County Board since the Village has no control over the area. Trustee Schleicher asked that the Village attorney familiarize himself with the Riverwoods - Baxter suit challenging the legality of the County's zoning, and keep the Board informed of any developments in the matter. r 164 A second letter from the Deerfield Home Owners' Association was read, stating that the organization does not approve illuminated signs in residential areas, such as the Clavthihi. property where permission for an illuminated sign was recently granted, since these signs are not in keeping with the character of the neighborhood. The group is also opposed to resi- dents bearing the cost of providing downtown parking for merchants. Trustee Raff moved, seconded by Trustee Schleicher, that receipt of the Home Owners' Association be acknowledged. Motion carried unanimously. Refer Proposed B -1 Zoning Amend. to Plan Commission County Line Roads as a B-1 read in full. The Village covenants submitted by Mr. by the Plan Commission. The Ordinance amending the Zoning Map to classify the property at the southwest corner of Waukegan and Neighborhood Business District was presented and attorney stated the ordinance and the restrictive Joseph Valenti will accomplish the end recommended Mr. Valenti stated that both he and the Plan Commission had over- looked a provision of the B -1 District regulations which provides that no one use shall occupy more than 20,000sq. ft. of floor area. He said the proposed Jewel -Osco store would be.approximately 30,000 sq. ft. in area, and a Junior department store might exceed 80,000 sq. ft. in floor area. Discussion was had on whether this provision of the Ordinance should'bb. deleted or a variation sought to permit a greater floor area. Trustee Schleicher proposed that consideration be given to an amendment that would permit more than 20,000 -sq. ft. of floor area for one use on parcels of land exceeding a certain: si-ze... Several members expressed approval of this suggestion, and Mr. Valenti stated he would prefer such an amendment rather than petitioning for a variation. Trustee Schleicher moved, seconded by Trustee Forrest, that the question of amending the B -1 regulations to permit a floor area of more than 20,000 sq. ft. for a single use on properties exceeding a certain size be referred to the Plan Commission for a public hearing, and the Village attorney be requested to prepare such an amendment. Motion carried unanimously. Mr. Valenti asked that the Board delay consideration of the Zoning Map amendment until the Plan Commission report is received. The meeting was recessed at 10 :00 p.m. and reconvened at 10:10 p.m., all members present. Resolution - Annexation Agreement A Resolution was presented approving Park District & Village (R- 66 -21) the Annexation Agreement between the Deerfield Park District and the Village with respect to the property commonly known as the Clavey property now acquired by the Park District. Trustee Forrest moved, seconded by Trustee Schleicher, that the Resolution'be adopted, and execution bf the agreement by the President and Clerk be authorized. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) Ordinance Annexing Pk District A petition for annexation having been Property ( Clavey) (0- 66 -39) received and notice having been given the Deerfield- Bannockburn Fire Pro- tection District, as provided by statute, the ordinance was presented and read in full annexing the following described territory: A. That part of the southwest quarter of the southeast quarter of Section 30, Township 43 North, Range 12, East of the 3rd P.M. lying west of :. the ealt 9 acres ihereof'and east of the east line of the Illinois Toll Road parcel T- 11 -A -50 and north and east of Toll Road Parcel T -I1 -A -50.3; also The east 9 acres of the southwest quarter of the southeast quarter of Section 30, aforesaid; also The west 4.5 acres of the southeast quarter of the southeast quarter of Section 30, aforesaid. 165 B. The east 10 acres of the west 20 acres of the south half of the north half of the southeast quarter of Section 30, aforesaid (except that part taken for Toll Road), all in Lake County, Illinois. Trustee Schleicher moved, seconded by Trustee Raff, that the rules be waived to permit action on the above - described ordinance at its first presentation. Motion carried unanimously. Trustee Forrest moved, seconded by Trustee Raff, that the said Ordinance be adopted. Upon roll call the ordinance passed by the following vote: i Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President signed the ordinance indicating his approval.thereof. Ordinance - Zoning Map Amend. An Ordinance was presented and read in full Park. -Dist. (Clavey) Property amending the Zoning Map of the Village by (0- 66 -40) zoning and classifying Parcel A of the Park District (Clavey)property heretofore annexed in the "R -1" One- Family District, and Parcel B in the "R -2" One- Family District. C7 Trustee Craig moved, seconded by Trustee Raff, that the rules be waived to Cf+ permit acti on on the above - described ordinance at i-ts first.presentation. W Motion carried unanimously. U U Trustee Forrest moved, seconded by Trustee Schleicher, that the said Ordinance be adopted. Upon roll call the ordinance passed by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. r, Trustee R ff moved, seconded by Trustee Schleicher, that the said Ordinance be published in {pamphlet form. Motion carried unanimously. Approve Final Plat The final plat*.of, Park View Subdivision, being Park View Sub. part of the Park District property, was presented. Trustee Smith moved, seconded by Trustee Forrest, that the final plat of Park View Subdivision be approved and execution authorized. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith , Wetzel (6) Nays: None (0) Discussion- Library Tax Discussion was had on the abatement of the Abatement Village Library Tax levy, since the Township Library Tax levy has been filed and it appears unlikely that the Township levy will be abated. The Village attorney stated it was his opinion that there should be a recommendation or resolution from one of the Library Boards as to whether the Village Board should or should not abate the Village Library levy. The Board directed that the matter be placed on the agenda for the next meeting: No Parking Enforcement The manager reported that the Deerfield Commons at Deerfield Commons Association had written to the Chief of Police asking the Police Department to enforce parking restrictions in the shopping center. He stated that present police action in the Commons was limited to keeping fire lanes open, and that other municipalities had been check and none enforce parkin} regulations on private property. The Village attorney stated that it was questionable that the Village had the authority to enforce parking restricti ons on pri.vate property , although the Illinois Municipal League was preparing legislation that would spell out such authority. Trustee Schleicher moved, seconded by Trustee Forrest, that the manager notify the Deerfield Commons that under present State statutes, enforcement of parking regulations on private property is not a proper execution of the Village's police powers. Motion carried unanimously. 16' Receipt was acknowledged of recommendations for appointment tofill vacancies on several advisory Boards and Commission submitted by the Manpower Commiission. President Finney stated he was not prepared to make appointments at this time and the matter will be placed on the agenda for the next meeting. Discussion- Variations Discussion was had on procedures in Mun. Code & Zoning Ordinance granting variations on lot sizes from the requirements of the Zoning Ordinance, the Plan Commission stating that the Municipal Code grants this authority. The Village attorney was directed to prepare such ordinances as are necessary to clarify the matter. Decision was made the notice to adjacent property owners be handled as an administrative matter for the present. Accept Surface Improvements The building commissioner recommended Colony:iPoint Sub. Unit 2 that surface improvements in the Colony Point Subdivision Unit No. 2 be accepted by the Village, disregarding the one year maintenance provision. Trustee Craig moved, seconded by Trustee Wetzel, that the surface improvements in Colony Point Unit No. 2 be accepted as recommended. Adopted by the following vote :: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) Support Contractor's The manager reported that the Building Licensing Bill commissioner had reviewed the proposed Contractor's licensing bill to be acted on by the General ASsembly, and recommended that the Village support this legislation. Trustee Wetzel moved, seccnded by Trustee Schleicher, that the Village support this bill. Motion carried unanimously. Refer Community Unit Provision to Plan Commission referred to the Plan Commission for under this section for 90 days. Motion carried unanimously. Trustee Smith moved, seconded by Trustee Forrest, that the Community Unit provision of the Zoning Ordinance be study, thereby freezing any applications Reports - Communications The manager reported that plans and specifications for the Village Hall addition had been prepared by the architect and bids will be received on' January 4, 1967. The manager reported he had mettwith a representative from Sara Lee regarding surcharges for excess BOD content of sewage, and procedures had been worked out to resolve any differences in testing results. Trustee Raff asked the manager to arrange a meeting with Sara Lee after the first of the new year to discuss the sewage treatment contract which expires at the end of January. It was suggested that the matter of excessive suspended solids be added to the contract. and the manager was directed to ask Baxter and Woodman how this should be handled. The manager reported that plans for the Hazel Avenue bridge had been received and the Village will acquire necessary easements. Plans and specifications for the heat exchanger have been received and forwarded to the State Sanitary Water Board. Approve Contract -Radio Trustee Raff moved, seconded by Maintenance - Lake County 1,,rustee Forrest, that the contract witth the Lake County Board of Super- visors for Police radio maintenance be approved and execution authorized. Adopted by the followi.ng vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays: None (0) The manager reported that the s4=44tmp has been received, is on the pad, and will be installed and tested. 16'7 The Board approved the manager's attendance at the Illinois Assembly of the State and its Communities at the Dunes State Park. Approve Macadam Driveway The manager reported that the developers of Approaches -North Trail Sub. North Trail Subdivision had requested permission to construct macadam driveway approaches in the subdivision as permitted by the Village ordinance as an alternative to concrete. The building commissioner recommended the request be approved. Trustee Raff moved, seconded by Trustee Schleicher, that macadam driveway approaches be approved for North Trail Subdivision. Adopited by.the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith, Wetzel (6) Nays None (0) President Finney reported he had received an invitation to a meeting at Mundelein on December 8, 1966 to discuss water pollution and other Federal Aid programs. Neither he nor other Trustees were able to attend. The President reported he had attended the first meeting of the Mayor's Summit Agreement on Housing Committee, and would attend the December 6th meeting. Motion carried unanimously. There being no further business, the meeting was adjourned at 11 :05 p.m. APPROVED: President ATTEST: Village Clerk Authorize House Moving A letter was received asking permission to move ltl� Permit from 1280 Waukegan Rd. a house from 1280 Waukegan.Road to 860 Halfday c}+ Road, Highland Park. The building commissioner stated bond had been posted and all state permits obtained. Trustee Schleicher moved, seconded by Trustee Wetzel, that the Board approve the issuance of the permit provided there is compliance with all Village and statutory provisions. Motion carried unanimously. There being no further business, the meeting was adjourned at 11 :05 p.m. APPROVED: President ATTEST: Village Clerk