06/05/1967 (2)230
June 5, 1967
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, June 5, 1967 at 8 :45 p.m. The
clerk called thei-roll and reported that the following were
Present: H. Ross Finney, President
Raymond L. Craig
Bernard Forrest
George Kelm
Charles H. Raff
George P. Schleicher
Absent: Charles R. Bootz
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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, seconded by Trustee Schleicher, that minutes
of the regular meeting held May 15, 1967 be approved as submitted. Motion
carried unanimously.
Referendum June 10 Dr. Ira Niederman, a member of the Steering
N.S. Jr. College Committee,, spoke briefly on the proposed
North Shore Junior College and the refer-
endum to be held Saturday, June 10th. Under the State's Master Plan for Higher
Education, the State will pay 75 percent of construction costs and up to 50 per
cent of operating costs for Junior Colleges. He stated present plans of the
University of Illinois to phase out the first two years of college, and the ever -
increasing number of students will require the construction of Junior Colleges
fif needs of young people are to be met. He pointed out that the High School
District must pay tuition for students attending Junior Colleges if the
school is not in a Junior College District. Tuition is paid from Educational
Funds with provision for a 3 cent per $100 levy if educational funds are not
adequate. Estimated enrollment at the proposed North Shore Junior College is
4,000 students in 1971. Students will be charged tuition which will be set
by a Junior College Board to be elected if the referendum passes. The ceiling
on the tax rate for a Junior College is 23 cents per $100 assessed valuation.
Dr. Neiderman urged a favorable vote in the referendum.
Defer Action - Bergmark At the request of Mr. Eugene Bergmark, whose
Kottrasch Rezoning Petitions attorney was unable to be present, the Board
deferred action on the Plan Commission's
report and recommendation regarding M'r. Bergmark's petition to rezone certain
lots on Elm Street to the R -7 District. Mr. Richard Ross, attorney representing
the Kottrasch . interests on a similar rezoning petition for adjoining property,
stated he was not averse to deferring action on the Kottrasch matter until the
next meeting since it would seem advantageous to consider both petitions at the
same time. President Finney reported he had received a letter from Mr. Irwin
Plagge, owner of the property which is the subject of the Bergmark petition,
stating that he would like to be present when the matter is discussed. Copies
of Mr. Plagge's letter will be distributed to the Board. Decision was made
that both petitions will be taken up at the next meeting.
Request for Alley Paving Mr. Robert Porter, 1015 Greenwood, presented
Greenwood to Fair Oaks a letter signed by a majority of the 14
owners whose property abuts the alley located
parallel to Chestnut Street between Greenwood and Fair Oaks. They request
that the Village undertake the pavement of said alley, either on a cash basis
or by special assessments. He stated the residents felt that a lower price
could be obtained at present due to the Greenwood Avenue paving project.
Several members urged that 'the wok be done on a cash basis which would result
in substantial savings to residents. The manager was directed to prepare a;cost
estimate for the improvement to be given to Mr. Porter before the next meeting.
Mr. Porter will contact the owners giving them approximate costs, and the
matter will be taken up at the June 19th meeting.
1st Presentation - Ordinance The first preeentation was made of an ordinance
Rezoning Carlson Property amending the Zoning Map by reclassifying and
rezoning certain property described by metes
and bounds and Lot 2, Edward florenberger's Subdivision from the R -1 Single
Family District to the R -1 -A Single Family District. The ordinance was read in
full.
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1st Presentation - Ordinance "The first presentation was made of an ordire nce
Rezoning Hocenberger Property - amending the Zoning Map by reclassifying and
rezoning certain property described in metes and
bounds and Lots 3 and 4, Edward Horenberger's Subdivision from the R -1 Single
Family District to the R -1 -A Single Family District. The ordinance was read in
full.
Trustee Raff noted that there were apparent discrepancies in the metes and
bounds descriptions, which will be checked by the Village attorney prior to the
next meeting.
Ordinance Granting Sideyard Trustee Forrest moved, seconded by Trustee Craig,
Variation Variation -1308 that the ordinance be adopted granting a variation
Hackberry (0- b7 -23) from the strict provisions of the Zoning Ordinance
to permit a side yard of 17 feet 22 incnes
on Lot 6, Second Addition to Deerfield Park Subdivision, commonly known as 1308
Hackberry Road, as petitioned by Mr. Richard Freeman. The ordinance was adopted
by the following vote:
Ayes: Craig, Forrest, Kelm. Raff, Scnleicher (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
d'{
W Ordinance Granting Rear Yard The report from the Board of Zoning Appeals
v Variation -624 Apple Tree was read, recommending tnat a variation from
(0-67-24)- we strict provisions of trie Zoni iig ordinance
be granted to permit a rear yard of 18 teet
at 624 Apple Tree Lane, as petitioned by Mr. Richard H. Eisenstaedt.
Trustee Ratf moved, seconded by Trustee Forrest, that toe report of the
Board of Zoning Appeals be accepted.
Motion carried unanimously.
The ordinance granting said rear yard variation was presented and read in
full. The owner having requested the Board to expedite passage of the ordinance,
Trustee Craig moved, seconded by Trustee Raff, that the rules be waived to
permit action on the said ordinance at its first presentation.
Motion carried unanimously.
Trustee Schleicher then moved, seconded by Trustee Kelm, that the ordinance
be adopted granting a variation from the strict provisions of the Zoning ordinance
to permit a rear yard of 18 feet on Lot 53, Deerfield Park Subdivision Unit 5,
commonly known as 624 Apple Tree Lane. Adopted by the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
Th6 President signed the ordinance indicating his approval thereof.
BZA Report- Variation The report of the Board of Zoning Appeals
Sunray DX Illuminated Sign recommended that a variation be granted from
the strict provisions of the Zoning Ordinance
to permit the Sunray DX Oil Company to erect a double -faced illuminated sign in
the front yard of the Company's service station at 1460 Waukegan Road.
Trustee Craig moved, seconded by Trustee .S.chleicher, that the report of
the Board of Zoning Appeals be accepted.
Motion carried unanimously.
Trustee Craig pointed out that a request for an illuminated sign for a
grocery store on adjacent property had been denied recently by the Board on the
basis that it was across from residential property. Trustee Forrest proposed
that it might be well to reconsider the Board's policy on signs for automobile
service stations.
lst Presenatation- Ordinance The first presentation was made of an ordinance
Sunray DX Sign Variation granting a variation from the strict provisions
of the Zoning Ordi.nance to permit the erection of
a double -faced illuminated sign of approximately 29.166IYeSf vn the front yard of
the premises commonly known as 1460 Waukegan:,Road, as petitioned by Sunray.DX Oil
Company. The ordinance was read in full.
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BZA Report- Variation The report of the Board of Zoning Appeals
Mobil Oil Price Sign recommended that a variation be granted
from the strict provisions of the Zoning
Ordinance to permit the Mobil Oil Company to erect a double -faced illuminated
sign of 32 square "feet, restricted to a price sign only, at 750 Waukegan Road.
Trustee Craig moved, seconded by Trustee Raff, that the report of the
Board of Zoning Appeals be accepted.
Motion carried unanimously.
1st Presentation - Ordinance The first presentation was made of the
Mobil Price Sign Variation ordinance granting a varation from the strict
provisions of the Zoning Ordinance to permit
the erection of an illuminated, double -faced sign of 32 square feet, restricted
to price only, located 2 feet 3 inches within the front property line on the
property commonly known as 750 Waukegan Road. The ordinance was read in full.
The meeting recessed at 9:35 p.m. and was re- convened at 9:50 p.m.
1st Presentation - Ordinance The first presentation was made of an ordinance
B -4 Dist. in Fire Limits amending Section 22.301 of the Municipal Code
of 1963 to include the B -4 Limited Business
District in the Fire Limits of the Village. The ordinance was read in full.
Resolution 1967 MFT Trustee Raff moved, seconded by Trustee
Maintenance $47,000 Forrest, that a Resolution be adopted
R -67 -11 appropriating $47,000.00 of Motor Fuel Tax
Funds for the maintenance of arterial streets
in the Village for the year 1967. Adopted by the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
1st Presentation - Ordinance The first presenation was made of an ordinance
Rebates S/A 25,42,46,& 60 declaring rebates on Special Assessment
Warrants Nos. 25, 42, 46 and 60, with
schedules of rebate payments attached. The text of the ordinance was read in
full.
Resolution Authorizing Agreements for the maintenance of State
Agreements Maint. of State Routes by the Village and a schedule of
Routes in Village payments to the Village for such maintenance
R -67 -12 were presented for consideration. Trustee
Raff moved, seconded by Trustee Craig, that
a Resolution be adopted authora_zing execution of the agreement between the
State Division of Highways and the Village for the maintenance of State routes
in the Village and the Supplemental Agreement for median cleaning, both for
the year ending June 30, 1968, and extended to cover the year ending June 30,
1969 unless 30 days written notice is given by either party prior to June 30,
1968. Adopted by the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
Accept Deeds Hertel Lane In connection with the acquisition of
Right -of -Way right -of -way for Hertel Lane and the improve-
ment thereof, Trustee Raff moved, seconded
by Trustee Craig, that Deeds of Dedication and an easement be accepted from
the following persons: Robert F. and May Herrmann; Alvin C. and Gertrude
Hertel; Marie Petersen; Jens E. Petersen; and Wayne A. and Janice Petersen
(easement). Adopted by the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
P.C. Report - Glorioso Rezoning The report of the Plan Commission was read
N. Waukegan Rd. Tract recommending that the Glorioso tract on
North Waukegan Road be rezoned to the R -1 -A
Single Family District including the vacated South half of North Avenue, the
vacation thereof being recommended with easements for utilities reserved;
that the rezoning be granted provided that the property is subdivided into no
more than 22 lots, with no more than 8 lots along the east boundary, and
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only 2 of the 8 lots abut Peterson's Addition to Northwoods Subdivision; the
petitioner to covenant that no lot will be resubdivided and there be no access
to Waukegan Road across rear lot lines.
Trustee Raff moved, seconded by Trustee Craig, that the Plan Commission's
report be accepted.
Motion carried unanimously.
Discussion - Proposed Discussion was had on a proposed plat of subdivision
Glorioso Plat for the Glorioso tract with a cul -de -sac approximately
685 feet long to provide access to all lots. Decision
was made that two cul -de -sacs were desirable for reasons of safety, and Mr.
Glorioso indicated approval. Trustee Forrest stated it was his opinion that if
the South half of North Avenue is vacated for the Glorioso property, the entire
south half not needed for street purposes should be vacated also.
Approve R -1 -A Zoning Trustee Raff moved, seconded by Trustee Craig, that
Glorioso Tract -Atty. to the Plan Commissi.on's recommendation to rezone the
Prepare Ordim nces Glorioso tract to the R -1 -A Single Family District
be approved subject to the conditions set torth
therein; the Village attorney to prepare the necessary ordinances to effectuate
the recommendation; and the plat of subdivision to be laid out with two cul -de -sacs
meeting ordinance requirements.
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Trustee Forrest stated that the Planning Consultant had recommended that
v the rezoning not be granted since the property in surrounded by R -1 Single- Family
District zoning, and it was his opinion it would be a mistake to downgrade the
area.
The motion was adopted by the following vote:
Ayes: Craig, Kelm. Raff (3)
Nays: Forrest, Schleicher (2)
Approve Final Plat Mr. R. Nathan, attorney for Ar -lin Homes, Inc.,
Briarwood County. Club requested approval of the final plat of Briarwood
Estates Sub. (Liebling) Country Club Estates Subdivision (former Liebling-
Shapiro- Morton Development tract), stating he was
prepared to comply with all conditions heretofore set by the Board for approval
of the final plat. He presented the following: (1) Deeds for street right -of -way
from Bundock and McCarthy; (2) Agreement with the Deerfield Park District for
street right -of -way for the extension of Margate Terrace; (3) Letter of credit
in the amount of $212,975.39 for subdivision improvements; (4) Receipt from the
Village showing payment of $7,511 for subdivision acreage fees, and (5) Indemnity
Agreement signed by Mr. Shapiro, individually, and Ar -lin Homes, Inc. with a
check for $1,000 to cover any costs in connection with the use of the 16 ft. x 60 ft.
strip of land claimed by Mr. Robert Ramsay =.arid needed for the extension of Margate
Terrace. Mr. Nathan stated that both he and the Village attorney felt there was
minimal risk in using the strip of land since it had been used as a public road
for more than 20 years, and he had later learned that an easement for road purposes
had been recorded in 1924. To insure that the Village would incur no liability
through the use of the strip of land, the Indemnity Agreement would continue in
force indefinitely.
The Village attorney stated that the Indemnity Agreement was in Proper form,
but he would want to check all details hefore giving a final answer as to whether
all conditions for approval of the plat had been met.
Discussion was had on the ditch easement. The Village attorney stated he
had received no definite answer to his question about an easement from either the
Chicago Title & Trust Co. or the attorney for the drainage district. He stated
that the Board had approved the preliminary plat on the basis of a 30 ft. ditch
easement, and if the drainage district established a 50 ft. easement it would not
be a matter which would involve the Village.
Trustee Raff moved, seconded by Trustee Kelm, that the President be authorized
to sign the final plat of Briarwoods Country Club Estates Subdivision, subject to
and after the Village attorney has certified that all conditions for approval have
been met., and the Village engineer has certified that the plat meets all requirements,
and that the $1,000 check and Indemnity Agreement be accepted as satisfying all
conditions for the Margate Terrace extension. Adopted by the following vote:
Ayes: Craig, Kelm, Raff, Schleicher (4)
Nays: Forrest (1)
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Approve Recommendation Trustee Forrest moved, seconded by Trustee
Bd. of Local Improvements Schleicher, that the Board accept and approve
Re: Greenwood Sidewalks the recommendation of the Board of Local
Improvements for the passage of an ordinance
providing for the construction of a sidewalk along the north and south sides of
Greenwood Avenue from Wilmot Road to Waukegan Road pursuant to ArticJ.e 11,
Division 84, Illinois Municipal Code. Adopted by the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
Ordinance- Greenwood Sidewalk An ordinance was presented and read in full
Construction by Special Tax providing for the construction of a sidewalk
(0-67-25) pursuant to and in accordance with Article.l],
Division 84, Illinois Municipal Code, along
the north and south sides of Greenwood Avenue from Wilmot Road to Waukegan Road.
Trustee Craig moved, seconded by Trustee Schleicher, that the rules be
waived to permit action on the said ordinance at its first presentation.
Motion carried unanimously.
Trustee Craig then moved, seoonded by Trustee Schleicher, that the said
ordinance be adopted. Upon roll call the ordinance was passed by the following
vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
The Pre sident,signed the ordinance indicating his approval thereof.
Authorize Bids on
Reservoif
Village go out for bids on the w
moved, seconded by Trustee Raff,
advertise for bids on the entire
as approval is received from the
Motion carried unanimously.
The manager reported that the excavation
for the reservoir was almost completed, and
that the engineer had recommended that the
hole job with deductions. Trustee Forrest
that Baxter and Woodman be authorimd to
reservoir project with deductions,as soon
State Sanitary Water Board.
Approve Preliminary Plat The Plan Commission recommended approval
Willman Subdivision of the preliminary plat of the Willman
Subdivision of six lots on Greenwood
Avenue, the existing old house to be removed. Trustee Schleicher moved, seconded
by Trustee Kelm, that the Plan Commission's report be accepted.
Motion carried'unanimously.
Trustee Raff moved, seconded by Trustee Kelm, that the preliminary plat
of Willman's Subdivision be approved in accordance with the recommendation of
the Plan Commission. Adopted by the following vote:
Ayes: Forrest, Kelm, Raff, Schleicher (4)
Nays: None (0)
Pass: Craig (1)
Autborize Application Trustee Schleicher moved, seconded by Trustee
Sewers -Ar -Lin Homes Craig, that the President be authorized to
execute the application to the State San-
itary Water Board for sanitary sewer extensions in the Briarwoods Country
Club Estates Subdivision, as requested by Ar -lin Homes, Inc. Adopted by the
following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicner (5)
Nays: None (0)
Communications - Reports In connection with the permit for a whole -
sale auto auction at the National Brick
Company property, a letter was received stating tnat an appeal must be filed
within 30 days to reverse the decision of the County Zoning Officer. The Village
,-.having objected to the issuance of the permit heretofore, no action was taken.
Co
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A bill for Public Officials Bonds for the newly elected Library Directors
was referred to the Library Board.
The Village attorney reported that the Board of Trustees has no authority
over appropriations and levies of the Library Board, the matter having been
clarified by a new law enacted by the Legislature.
A notice was received from the Illinois Commerce Commission showing the
Commission's authorization for abandonment of service by the Deerfield- Highland Park
Transit.
A Notice of Heari:pg on June 20, 1967 on the petition of Waukegan -North
Chicago Transit for service to include Deerfield was received from the Illinois
CommerceCommission. The Board directed that a letter be sent in support of the
petition.
A letter from Mr. James Mitchell, President of the Deerfield Park District,
proposed a meeting of the Plan Commission, Park Board and Board of Trustees to
discuss the use of a tri:engl6 6f land. The Board approved the proposed meeting.
The manager suggested that the Board meet with the Village's insurance
agent to review coverage. Trustee Kelm asked that a summary of insurance
coverage be prepared for review, and a meeting then be arranged.
The Board will inspect Village facilities on Saturday, June 17th at 7:30 a.m.
The manager submitted a summary of basement flooding problems in the area
served by the west lift station. Six houses had water in the basement from
sanitary sewer backup. Copies of the report will be sent to the residents who
had water with the suggestion that they disconnect footing drains.
The Police Department submitted an ordinance on bicycle licensing. There was
a question of enforcement of such an ordinance, although it was recognized that
it would be helpful from the standpoint of safety.
The manager reported that a suit had been filed against Kitchens of Sara
Lee and the Vi.11age by Maureen Gottlieb in connection with alleged injuries.
The Su*ons was referred to the Village attorney, who referred it to the insurance
company.
Approve PeyMents C H Electric
$3159-Gal.l i ger Heating $2550
The architect recommended:payments to C H Electric.
in the amount of $3150 and to Galliger Heating
in the amount of $2550. Trustee Schleicher
moved, seconded by Trustee Forrest, that the payments be approved as recommended
by the architect, 10' /o being withheld. Adopted by the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleigher (5)
Nays: None (0)
Approve Change Orders Change orders for the Village Hall addition were
G -2 Add $393 presented as follows: G -2 for block walls, an
G -3 Add $46 addition of $393.00; G -3 for counter top, an
addition of $46.00. Trustee Forrest moved,
seconded by Trustee Schleicher, that the Change orders be approved. Adopted by
the following vote:
Ayes: Craig, Forrest, Kelm, Raff; Schleicher (5)
Nays: None (0)
The manager reported that Motorola had completed the radio console, and
the architect had asked for a delay of two weeks in delivery.
Approve Payments The architect recommended payment of $12,714.30
Fritscher S Erbach $12714.30 to Fritscher and Erbach with 10' /o retained, and
Di Pietro Plumbing $2850 $2,850 to DiPietro Pluinbigg with 5% retained.
Trustee Schleicher moved, seconded by Trustee
Forrest, that payments be approved as recommended by the architect. Adopted by
the following vote:
Ayes: Craig, Forrest, Kelm, Raff, Schleicher (5)
Nays: None (0)
The manager was requested to get information from the architect on what
is the basis of the retention percentage.
in connection with the sidewalk safety program, the manager reported
that 50 owners have been notified to repair or replace sidewalks. Of these,
15 have paid the Village for the repairs, 6 owners will do the work themselves.
A letter from Commonwealth Edison stated that, in addition to free
electric service to the Village Hall, electricity will be furnished without
charge to the Fire Station, the Village Garage and the Library.
The manager reported that it was expected that the Hazel Avenue bridge
would be completed this summer.
President Finney reported he had received a letter from the architect
for the new Lindemann building, expressing the hope that the Board would permit
several trees on the property to remain although several parking spaces would
be eliminated thereby. The owner does not wish to seek a variation, although
the residential character of the Village would be enhanced by the trees. After
reviewing the site plan, it was the consensus of the Board that the owner should
be permitted to keep the trees provided that at such time as the trees are
removed, the area shall be paved and used for parking in accordance with the
parking plan for the site.
Churches will be requested to ring bells on July 4th in connection with
the "Let Freedom Ring" day program.
A Proclamation for National Flag Week will be prepared.
The manager reported that the recommendation of the Safety Council that
a Stop Sign be erected at ;journal Place and Hazel Avenue had been taken care of
and the sign erected.
A letter from the Safety Council reported that Mr. Frank Connelly had
been elected Chairman of the Council effective June 1, 1967.
A letter from the Safety Council recommended that parking be prohibited
within 200 feet of the Waukegan - Deerfield Road intersection effective May 1,
1968. The manager will notify the Council that the matter is under study.
No action was taken on a bill for $100 from the National League of
Cities Town Affiliation Group.
The President reported that he had received a letter from State Senator Karl
Berni.ng who stated he would support House Bills 2140 and 2147, as requested
by the Village, and also Sen &te Bills 929 and 930 relating to distribution of
Motor Fuel Tax Funds.
The manager reported that the complaint of a rear yard drainage problem
had been taken care of by the builder.
Discussion was had on the traffic and parking problems at the Waukegan -
Deerfield Road intersection. President Finney stated he had not urged the
Parking Committee to arrange a meeting since there was no certainty as to what
property should be acquired for parking. He reported that the results of a
traffic count at the intersection had been sent to the State Highway Department
in econnection with the request for a left turn signal, but no answer had been
received. Trustee Schleicher suggested that the owner of the building to be
vacated by Lindemann pharmacy be notified that it is the intent of the Board
to prohibit parking at the curb in the area. It was the consensus of the Board
that positive action would be taken as soon as the report rrom the State on
the lett turn signal is received.
Tne manager reported that the Contract with Sara Lee for Sewage Treatment
had been signed by officers of the company and returned.
There being no further business, on )motion by Trustee Forrest, seconded
by Trustee Raff, the meeting was adjourned at 12 :20 a.m.
APPROVED:
l
President
ATTEST:
Village Clerk