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08/18/1969 (2)244 August 18, 1969 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, August 18, 1969 at 8:30 p.m. The Clerk called the roll and reported that the following were Present: Bernard Forrest, President Jayman A. Avery. Jr. Charles R. Bootz George P. Schleicher Stephen M. Slavin M. Jay Turner, Jr. Absent: George Kelm and that a quorum was present and in attendance at the meeting. Also present were Messr. Richard Houpt, Village attorney, and Robert Bowen, building commissioner. Moved by Mr. Slavin, seconded by Mr. Schleicher, that the minutes of the regular meeting held August 4, 1969 be approved as submitted. Motion carried unanimously. Approve Warrant No. W -69 -8 Trustee Schleicher moved, seconded by Trustee Bootz, that Warrant No. W -69 -8 - Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Avery, Bootz, Schleicher, Slavin, Turner (5) Nays: None (0) Re: Northwoods Drive Drainage Mr. Bowen reported that the Northwoods Drive Association had met at the Village Hall and decided that a previous drainage study should be updated by the engineer, Mr. Ciorba, and when the study is completed, the association will determine whether to petition the Board of Trustees for installation of storm sewers. President Forrest asked that the matter be removed from the agenda until such time as the Association asks the Board to consider the matter. Approve $250 to Youth Council Mr. Donn Wright of the Youth Council stated that for Cigarette Pamphlet Mailing the Council had reports of the sale of cigarettes to underage persons. The Council wishes to send a letter to all vendors of cigarettes in the Village reminding them of the laws regarding the sale of cigarettes. They also wish to send to all residents of the community a pamphlet on cigarette smoking prepared by the American Cancer Society with a covering letter from the Youth Council. The cost of the mailing would be approximately $250.00. Trustee Slavin suggested that the Youth Council call to the attention of the Police Department any violation of laws pertaining to the sale of cigarettes. Mr. Wright stated that cigarette machine sales were the main problem. Trustee Schleicher moved, seconded by Trustee Slavin, that the Board authorize the expenditure of $250.00 by the Youth Council for mailing pamphlets and letters to the residents and vendors of cigarettes. Adopted by the following vote: Ayes: Avery, Bootz, Schleicher, Slavin, Turner (5) Nays: None (0) Report -Pine St. Traffic A report from the Chief of Police was read regarding traffic speed on Pine Street, and listing the number of vehicles and citations ind warning issued during the survey. President Forrest asked that the Police Department continue its survey and report further in six weeks. Authorize Issuance Masonic Temple Bldg. Permit Waukegan Road, provided correct seconded by Trustee Schleicher, issue the permit as recommended Motion carried unanimously. A report from the Building Board of Appeals recommended the issuance of a building permit for the Masonic Temple- office building at "711 ions are made as listed. Trustee Slavin moved, that the building commissioner be authorized to by the Building Board of Appeals. n 245 BZA Report- Variation A report from the Board of Zoning Appeals was 918 Waukegan Rd. No. read recommending denial of the petition for of Dwelling Units a variation from the requirements of the Zoning Ordinance to permit the construction of 12 multiple family dwelling units in lieu of the 5 dnits permitted under the present ordinance on the property commonly known as 918 Waukegan Road. Mr. Fox of the Zoning Board urged the-Board to deny the petition since the variation, if granted, would increase density: beybnd,)what'•.the'- Villag4-- :wants: Mr. Laurence Dunlap, attorney for the petitioners, asked to amend the petition to permit 10 dwelling units in lieu of the 12 originally requested. He stated that properties in the vicinity had been developed under the old 'ordinance and variations had been granted in two instances, the Mokrasch and Vetter properties, to give relief from the more xegtrictive requirements of the present ordinance. He pointed out that the only variation requested was the number of dwelling units, all other require- ments for lot width, rear, front and sideyards, lot coverage and parking being in accordance with present standards. If the variation is granted, the west 30 feet of the property would be dedicated for street purposes. He stated that the plea of hardship 'was justified by the price of the property and the multiple family develop- ments in the immediate vicinity. I-CID Discussion was had on the Library Board's plans for expansion of facilities O and acquisition of additional land to the north of the present building. Mr. Stanley in Appelbaum, the prospective purchaser of the subject property, stated that he had C� met with the Library Directors who had indicated they were interested only in the V three properties north of the library building. He added that he had a contract V to purchase the property adjacent to the library, which he has agreed to turn over to the Library Board. Table BZA Recommendation Mr. Dunlap proposed that the matter be tabled for 30 Days until the next meeting to provide an opportunity for clarification of the Library Board's plans. Trustee Avery moved, seconded by Trustee Schleicher, that the recommendation of the Board of Zoning Appeals be accepted and the petition be denied. Trustee Slavin stated that Mr. Dunlap's request was reasonable, and, super - sedingthe motion to deny the petition, he moved, seconded by Trustee Bootz, that the recommendation be tabled for 30 days. Adopted by the following vote: _Ayes: Bootz, Slavin, Turner (3) Nays: Avery, Schleicher (2) Approve BZA Report Rear A report from the Board of Zoning Appeals Yard Variation -700 Waukegan recommended that a variation be granted to Authorize Ordinance permit a rear yard of 20 feet in lieu of the required 50 feet at 700 WAukegan Road, as requested by the American Oil Company. Trustee Bootz moved, seconded by Trustee Slavin, that the recommendation of the Board of Zoning Appeals be accepted and the Village attorney be directed to prepare an ordinance granint said variation. Motion carried unanimously. S.G. Recommendation -Stop Signs A report from the Safety Council recommended Hermitage & Longfellow and that the Hermitage- Longfellow intersection be Kipling & Longfellow made a 4=way stop, and a 2 to 2 tie vote had been recorded on the question of a three -way stop at Kipling and Longfellow. Trustee Avery who lives in the area, stated it was his opinion that a three -way stop was needed at Longfellow and Kipling due to the large number of school children crossing at that location. Mr. Laura Lee Chri•stoph, a member of the Council, stated that care must be taken in the location of the stop sign in order to provide adequate room for the school buses to turn the corner. Trustee Avery moved, secon ded_by Trustee Schleicher, that.the report of the Safety Council be accepted, and the Village attorney be directed to prepare an' ordinance establishing a 4 way stop at the Hermitage - Longfellow intersection and a 3 way stop at Kipling and Longfellow. Motion carried unanimously. Discussion was had on the establishment of load limits to prohibit truck traffic on Longfellow, Hermitage and Kipling, and the matter will be placed on the agenda for ° the next meeting. 246 P.C. Report Rezoning to R -7 A report from the Plan Commission recommended S. of Regency Apts. -Deny Request denial of the petition to rezone the property commonly.known as the area south of the Regency Apartments from the single - family classification to the R -7 multiple- family district. Mr. Stanley Grosshandler, attorney for the petitioners, formally objected to the report of the Plan Commission without limitation, to the findings of fact and law, and the recommendations contained in said report. Trustee Slavin moved, seconded by Trustee Turner, that the recommendation of the Plan Commission be accepted, and the request for rezoning be denied. Motion carried unanimously. Approve Preliminary Plat The Plan Commission recommended approval of McMaster Sub. 1060 Deerfield Rd. the preliminary plat of the McMaster Sub - division of two lots at 1060 Deerfield Road. The plat meets all ordinance requirements. Trustee Slavin moved, seconded by Trustee Turner, that the preliminary plat be approved as recommended by the Plan Commission. Motion carried unanimously. The meeting was recessed at 9:50 p.m. and re- convened at 10:05 p.m. 1st Presentation - Ordinance The first presentation was made of an ordinance Affidavit with B ids amending Section 10.208 of the Municipal Code to provide that an affidavit affirming that the bidder has not netered into any agreement or disclosed the terms of his bid to any other bid shall accompany all bids submitted to the Village. Trustee Slavin moved, seconded by Trustee Schleicher, that a provision be added to the ordinance that the requirement for an affidavit shall not apply in instances where the Village is engaged in joint bidding with other municipalities. Motion carried unanimously. 1st Presentation - Ordinance The first presentation was made of an ordinance Re:Contracts "Most Favored Nation" amending Section 10.204 of the Municipal Code pertaining to contracts to provide that if a seller reduces his price to any other customer during the period of the contract the purchase price to the Village shall be reduced to such lower price so long as such lower price remains in effect.. Trustee Slavin moved, secon ded by Trustee AVery, that a provision be added to sub =paragraph b of the ordinance to the effect that the seller shall notify the Village of any such lower price during the period of the contract. Motion carried unanimously. Ordinance - Broadmoor Sidewalks (0- 69 -26) east and west sides of Broadmoor the ordinance providing for such from residents of Broadmoor Plac at its first presentation. The Board of Local Improvements having recom- mended that an ordinance be adopted providing for the construction of sidewalks along the Place between Hazel Avenue and Greenwood Avenue, construction was presented and read. A letter was received asking that the ordinance be adopted Trustee Avery moved, seconded by Trustee Slavin, that the rules be waived to permit action on the ordinance at its first presentation. ADopted by the follwoing vote: Ayes: Avery, Bootz, Slavin (3) Nays: Schleicher, Turner (2) A lengthy discussion was had on the desirability of sidewalk:,construction before drainage problems are resolved and underground improvements installed. Several residents of Broadmoor Place pointed out that all owners except those who had already installed sidewalks, objected to construction of the sidewalks at this time. Concern was expressed about culverts under the sidewalk as presently planned as being hazardous to children. Trustee Schleicher moved,seconded by Trustee Turner, that the ordinance be amended by striking "Greenwood Avenue" and substituting "Somerset Avenue ". The motion failed by the following vote: Ayes: Schleicher, Turner (2) Nays: Avery. Bootz, Slavin (3) 247 Trustee Avery moved, seconded by-Trustee Bootz, that the ordinance be adopted providing for the construction of sidewalks along the east and west sides of Broadmoor Place between Hazel and Greenwood Avenues, in accordance --� with Article II, Division 84, Illinois Municipal Code. Adopted by the following vote: Ayes: Avery. Bootz, Slavin, (3) Nays: Turner (1) Pass: Schleicher (1) The President signed the ordinance indicating his approval thereof. -i 1st Presentation- Ordinances Add 14(� Sales & V Service Tax The first presentation was made of ordinances providing for an additional 1/4 of 1% sales tax and 1/4 of 1% service occupation tax. Authorize Execution- Orchard Trustee Bootz moved, seconded by Trustee Turner, St. Storm Sewer Contract that the President and clerk be authorized to execute the contract with DiPaola Company for construction of the Orchard Street storm sewer, when the contract is received. Motion carried unanimously. Refer Likes Petition for Trustee Turner moved, seconded by Trustee Avery, ® Underground Improvements that the petition of Mr. and Mrs. Glenn Likes to Bd. of Local Imprvoements for construction of underground improvements to U serve Lots 31 and 32, Deerfield Acres Subdivision, (> be referred to the Board of Local Improvements. Motion carried unanimously. 1st Presentation -Tax Levy Ord. The first presentation was made of the ordinance Post on Bulletin Board in Lobby levying taxes for the year 1969 -70. Trustee Slavin moved,;,seconded by Trustee Schleicher, that thb ordinance be posted on the bulletin board in the lobby for inspection by the public. Motion carried unanimously. Approve Payment $119.42 to Trustee Bootz moved, seconded by Trustee B & W, E. Side Sewer Schleicher, that payment of $119.42 be approved to Baxter and Woodman for engineering services in connection with the construction of the east side interceptor sewer. Adopted by the following vote: Ayes: Avery, Bootz, Schleicher, Slavin, Turner (5) Nays :. • None (0). Approve Payment $5633.15 to. Trustee Schleicher moved, seconded by Trustee Robinson & Brock, E. Side Turner, that payment of $5,633.15 be approved Interceptor SEwer to Robinson and Brock Construction Company for work completed on the east side interceptor sewer as, recommended by Baxter and Woodman, Adopted by the following vote: Ayes: Avery, "Bootz, "Schleicher," Slavin,•Turner (5) Nays: None (0) Accept Surface Improvements Trustee Schleicher moved, seconded by Trustee Willman's Sub. Avery, that the surface improvements in Willman's Subdivision be accepted subject to one year's maintenance, as recommended by the building commissioner. Motion carried unanimously. Approve Payment­$3321.32 Trustee Slavin moved, seconded by Trustee B & W - Traffic Lights Schleicher, that payment of $3,321.32 be approved -from Motor Fuel•Tax funds to-Baxter and Woodman for services in connection with traffic light installations. Adopted by the following vote: Ayes: Avery, .tootz, Schleicher, Slavin, Turner (5) Nays: None (0) Approve•Payment $348.66 Trustee Schleicher moved, seconded by Trustee B & W. Orchard St. Sewer Avery, that payment of $348.66 be approved to Baxter and Woodman for engineering services in connection with the Orchard Street storm sewer.. Ad ®peed by the following vote: Ayes: Avery, Bootz, Schleicher, Slavin, Turner (5) Nays: None (0) 1 . Approve Payment $383.97 to Trustee Schleicher moved, seconded by Trustee B & W- Cleanout Manhole Turner, that payment of $383.97 be approved to Baxter and Woodman for services in connection with the Southwest interceptor sewer inverted siphon cleanout manhole. Adopted by the following vote: Ayes: Avery, Bootz, Schleicher, Slavin, Turner (5) Nays: None (0) Time -Life Withdrawal CATV Receipt was acknowledged of the notice from Application for franchise Time -Life Broadcasting Inc. withdrawing its application for a CATV franchise. Approve Payment $3447.07 Trustee Schleicher moved, seconded by Trustee Wolf & Co. Audit Bootz, that payment of $3,447.07 be approved to Wolf and Company for audit of the books of the Village for the year ended April 30, 1969. Adopted by the following vote: Ayes: Avery, Bootz, Schleicher, Slavin, Turner (5) Nays: None (0)� I 1 Waive Inspection Fees A certificate of insurance having been filed, Fun Fair Trustee Slavin moved; seconded by Trustee Turner, that fees for the inspection of rides at the Fun Fair to besheld September 3 -7 be waived, and the letter advising the sponsoring organizations of this action strongly urge the organizations to increase the liability coverage. Motion carried unanimously. REports- Communications A report on the progress of work on improvements in the Lake Eleanot Subdivision was received from the building commissioner, as well as a report regarding excavation of the lake and improvements made by property owners. The Board authorized the Village attorney to write to Mr. Waytula stating that obligations. under the previous agreement with the Board regarding excavation of the perimeter of Lake EJanor are satisfied, and reminding that an easement must be granted. The matter of the bridge to be constructed by Mr. Waytula will be on the agenda for the first meeting in October. The Village attorney reported that an inquiry had been received from Mr. Don Morrison regarding the law suit Ramsay vs. Village of Deerfield -and Deerfield Park District. An easement whould be prepared for the extension of Margate Terrace through the park. Mr. Bowen reported that Cook County has no traffic count at the Waukegan - County Line Road intersection later than May 8, 1968, and that the Division of Highways at Elgin had estimated the cost of upgrading the traffic lights at this location would be approximately $3,500. mr. . Katch and Mrs'. Christoph, residents of Briarwoods Vista Subdivision, urged that this work be undertaken before there is a serious accident, and that funds be obtained from some source even if it'meant an increase in the tax levy. TrusteeSSlavin asked that the manager report to the Board at the next meeting on what funds may be available for this purpose. A letter was received from a resident of Wicklow Court thanking the Board for its decision to clean the drainage ditch, and suggesting that an ordinance be adopted prohibiting dumping in the ditch. A letter was read from the First National Bank of Deerfield regarding the gatherings on the parking lot on property owned by the bank and leased to the Village for a municipal parking lot. They asked the Board to enforce the terms of the lease under which the Board is responsible for the operation of -the parking facility. President Forrest suggested the matter be referred to the Youth Council. A letter from the Muscular Distrphy Association regarding a tag day on September 26 was referred to the United Fund Committee. The Village attorney reported that the Village titeasurer has worked out a schedule regarding.delinquent special assessments owed by the School Districts, and it may be possible to work out a settlement between the school districts and the bond holders. Copies of correspondence with Mr. Allyn Franke regarding the special assessments were given to the Board.