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11/03/1969 (2)274 November 3, 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 6f the Village Hall on Monday, November 3, 1969 at 8:20 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 Messrs. Richard Houpt, Village attorney, and Ed Klasinski, Public Works Director. Trustee Slavin moved, seconded by Trustee Bootz, that the minutes of the regular meeting held October 20, 1969 be approved as submitted. Motion carried unanimously. Bids - Wilmot Relief Storm Sewer Sedled bids for the Wilmot Road relief Variations -Union Oil Co. storm sewer were opened and read as follows: BIDDER BID COMPLETE BOND Lakeland Construction Co. $15,478.00 30 days Ck. $1800 McHenry, Illinois Glenview Sewer & Water Co. 15,551.00 30 days X Northfield, Illinois Wm. Zeigler & Son., Inc. 13,500.00 50 days X Round Lake, Illinois Rossetti Contracting Co. 19,197.50 30 days * X Rolling Meadows, Illinois Di Paolo Company 12,916.60 30 days ** Ck. $1300 Niles, Illinois Tremar, Inc. 16,000.00 90 days Ck.' $2000 Chicago, Illinois * 30 days pipe installation - 170 days restoration ** Restoration Spring 1970 or as weather permits Trustee Schleicher moved, seconded by Trustee Bootz, that the bids be referred to Baxter and Woodman for review. Motion carried unanimously. BZA & P.C. Reports Re: The report of the Board of Zoning Appeals on the Variations -Union Oil Co. petition of the Union Oil Company for variations 836 Deerfield Rd. from the provisions of the Zoning Ordinance with respect to the Pure Oil station at 836 Deerfield Road was reviewed. Approval of all variations was recommended, except the proposed sign. Plan Commission Chairman Albert Brust reported that it was the opinion of the Planning Consultant that the proposed new building would not interfere with the relocation of Park AVenue; however, the Plan Commission recommended the acquisi- tion of a 50' �x 50' tract at the northeast corner of the subject property, and an agreement with the company that the west driveway onto Park Avenue would be closed and an east driveway provided when the street is relocated. 'Messrs.' Link and O'Mara, representing the Union Oil Company, stated there was no objection to a change in driveway locations when Park Avenue is re- aligned, and the company has no plans or need for the 50 sq. ft. tract required for the future street, and would be willing to sell to the Village at a mutually agreed price. Trustee Bootz suggested a price of $1.00. Mr. O'Mara said he had no f 1 1 1 Ln U V 1 1 275 authority to dedicate or negotiate the sale of the tract to the Village, but would take up the matter with officials of the company and was sure they would be willing either to dedicate or sell at a nominal price. Trustee Slavin moved, seconded by Trustee Bootz, that the matter be tabled for further consideration of Plan Commission recommendations for the Central Business District. Trustee Kelm entered the meeting at 8:37 p.m. and was present thereafter. Mr. O'Mara suggested that the Board authorize the attorney to prepare the ordinance granting the variations, conditioned upon the company satisying the Village on the conveyance of the 50' x 50' tract whether by payment of money or by dedication. The motion to table failed by the following vote: Ayes: Slavin (1) Nays: Avery, Bootz, Schleicher, Turner (4) Pass: Kelm (1) Authorize Ordinance- Variation Trustee Schleicher moved, seconded by Trustee Avery, Union Oil Co. -836 Deerfield Rd. that the Village attorney be directed to prepare an ordinance granting variations requested by the Union Oil Company at 836 Deerfield Road, except the sign variation which is denied, all in accordance with the recommendation of the Board of Zoning Appeals. Adopted by the following vote: Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6) Nays: None (0) BZA Report - Sideyard Variaion The report of the Board of Zoning Appeals was read R. Schiffels -443 Hermitage recommending, by a majority vote, that a variation Authorize Ordinance be granted from the provisions of the Zoning Ordinance to permit side yards of five feet and a combined ,total of 10 feet at 443 Hermitage Drive, as requested by Mr. Richard Shiffels. Trustee Bootz moved, seconded by Trustee Turner, that the Board concur,in the recommendation of the Board of Zoning Appeals, and the attorney prepare the ordinance granting said variation. Motion carried unanimously. BZA Report -Sign Variations The report of the Board of Zoning Appeals was Golden Bear Pancake House read recommending denial of variations from the Authorize Ordinance -Sign 'provisions of the Zoning Ordinance with respect to Setback -360 County Line Rd. the area and bottom elevation of the proposed Golden Bear Pancake House sign at 360 County Line Road, and the granting of a variation to permit the erection of a sign c6mplying with the pro- visions of the Zoning Ordinance within 2ft. 6 in. of the front property line. Trustee Kelm moved, seconded by Trustee Avery, that the Board concur in the recommendation of the Board of Zoning Appeals to deny size and height variations requested by Golden Bear Pancake House, and to approve the positional variation, The Village attorney to prepare the ordinance granting the setback variation. Motion carried unanimously. BZA Report -Sign Variations The report of the Board of Zoning Appeals was read Ned. Sign & Signal Corp. recommending denial of a variation to permit a sign Authorize Ordinance -Sign with a bottom elevation of 6 ft. at 360 County Line Setback - 360 County Line Rd. Road, and the granting of a variation to permit a setback of 1 ft. 8 in. from the front property line for a sign complying,-with the sign regulations of the Zoning Ordinance, as requested by the Federal Sign and Signal Corporation. Trustee Slavin moved, seconded by Trustee Kelm, that the Village attorney be directed to prepare the ordinance granting a variation in accordance with'-the recommendation of the Board of Zoning Appeals. Adopted by the following vote: Ayes: Avery, Kelm, Schleicher, Slavin, Turner (5) Nays: Bootz (1) Trustee Bootz stated he was concerned about the sign variations granted, whether for size, height or setbacks, and this Village would soon have a clutter of signs like many other municipalities. 276 Re; Rosk Reaub.. The Plan Commission recommended approval of 133YGreenwood a resubdivision of the property at 1332 Green- wood Avenue into two lots, each with a width of 72 feet provided a tract 25' x 30' at the northwest corner of the property is dedicated for a possible future street extension. Plan Commission Chairman Albert Brust stated the owner, Mr. Roskamp, had agreed to the dedication. It was pointed out that adjoining property owners must be notified inasmuch as a variation in lot width is required, The Board indicated when these conditions are fulfilled the resubdivision would be acceptable. No Objection to M.I.Williams A report from the Plan Commission stated there Sub. 3000 Duffy was no objection to the proposed Marc I. Williams Subdivision of property in the 3000 block of Duffy Lane in unincorporated territory although it was doubted that the proposed subdivision was within one and one -half miles of the corporate limits of the Village. Trustee Bootz moved, seconded by Trustee Schleicher, that the Board take no action to object to the proposed subdivision. Motion carried unanimously. Authorize Bldg. Permit A report from the Board of Building Appeals Sara Lee Addition recommended the issuance of a building permit to Kitchens of Sara Lee for a freezer storage addition subject to corrections listed therein. Trustee Slavin moved, seconded by Trustee Bootz, that the issuance of the building permit be authorized provided corrections are made in accordance with the report of the Board,of Building! Appeals. Motion carried unanimously. Accept Bid DiPaolo Co. Trustee Slavin moved, seconded by Trustee Bootz, $12916.60 - Wilmot that the low bid of $12,916.60 submitted by Storm SEwer Mi Paolo Company be accepted for installation of the Wilmot Road relief storm sewer, as recommended by Baxter and Woodman. Adopted by the following vote: Ayes: Avery., Bootz, Kelm, Schleicher, Slavin, Turner (6) Nays: None (0) The Board approved the return of the bid check to Tremar, Inc. Letters Re: We -Go Flood In connection with We -Go Park flooding problems Water Diversion and the proposed diversion of storm water to Lake El" anox uacletter was received from Charles W. Greengard Associates stating that a meeting with Toll Road engineers was scheduled for November 6th. Letters expressing concern about the proposed div- ersion were received from the Lake Eleanor Association, Union Drainage District No. 1, and Mr. Charles Caruso, School District No. 110. The Village attorney stated that, although he had been unable to find any comparable cases, there have been some dicta in cases that would lead him to advise the Board there may be some liability exposure because of diversion of surface water drainage. Stop Order - Kipling ,,Mr. Gerald Marlatt, 435 Deerfield Road, asked Traffic Limits that work on the traffic light installation at Kipling Place and Deerfi &ld Road be halted temporarily to permit a traffic engineer to re -study the locatfon and effects of the installation. He presented a petition signed by nearby residents in support of his request. A lengthy discussion was had on the safety of school children, installa- tion of traffic lights at the KetLton intersection to avoid probable traffic backups due to the signals, and the restrictive curh at the entrance to Kipling Place where school buses turning the corner encroach on the opposing traffic lane. Dr. Fenelon, School District No. 109, stated there would be no objection to the removal of the restrictive curbing, and parking could be prohibited on Kipling Place since an adequate parking lot has been provided on school property. He stated that, while his primary concern was the safety of the children, he was aware of the - traffic congestion which could result from the traffic signal in- stallation as presently planned. The reclbcation of signal controls, and the sidewalk was also discussed. Trustee Slavin requested that the impact of the traffic light instIllat-ion be studied in connection with Warrington and Oxford. Roads, as well as the Kenton intersection. 277 Trustee Bootz moved, seconded by Trustee Turner, that work be stopped on the signals at the Deerfield - Kipling intersection for a re -study and report on this installation as soon as possible, and the contractor be directed to proceed with the remainder of the work at other locations. Motion carried unanimously. The meeting was recessed at 9:50 p.m., and reconvened at 10:05 p.m., all members present. Accept Zera Const. Bid A report from the building commissioner stated that Broadmoor Sidewalk two contractors had submitted quotations on the installation 6f sidewalks on Broadmoor Place as follows: Zera Construction Company $1.20 per sq. ft. Gulbrandsen Cement Contractor $1.25 per sq. ft. Trustee Slavin moved, seconded by Trustee Turner, that the Board waive the taking of bids for the construction of sidewalks on Broadmoor Place. Adopted by the following vote: O Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6) t� Nays: None (0) U V Trustee Slavin then moved, seconded by Trustee Turner, that proposal of Zera Construction Company be accepted. Adopted by the following vote: Ayes: Avery, Bootz, Kelm, Schliebhar, Slavin, Turner (6) Nays: None (0) Ordinance =Mun. Code Amend. The ordinance adding Section'28,031 -,- Interference Sec. 28.031 Interference with Police Officers and Section 28.032 - Loitering, With Police Officer to the Municipal Code was discussed. Trustees (0- 69 -42) Slavin and Kelm stated their opposition to Section 28.032 - Loitering. Trustee Slavin pointed out the the proposed section would not meet the needs of the Police Department who had re- quested an anti - loitering ordinance to regulate the conduct of teen - agers. Trustee Slavin then moved, seconded by Trustee Kelm,that Section 28.032 - Loitering be deleted. Motion carried unanimously. Trustee Schleicher moved the adoption of the ordinance with section 28.032 deleted; Seconded by Trustee Kelm. Mr. Gerald Penner, 15 Pine Street, urged that Section 28.031 also be amended. He stated that the charge of interfering with a police officer might be sustained even though the person arrested might be found not guilty on the other charge which occasioned the alleged interference. Trustee Slavin moved that the ordinance be tabled for further study. The motion failed for lack of a second. The ordinance was adopted by the following vote: Ayes: Avery, Kelm, Schleicher, Turner. (4) Nays: Bootz, Slavin (2) The President signed the ordinance indicating his approval thereof. Table Ordinance Granting The ordinance authorizing the President to proclain Emergency Powers the existence of civil emergency, impose curfews, and regulate the conduct of certain businesses during civil emergencies was discussed at length. Trustee Slavin questioned the definition of a riot or unlawful assembly in paragraph A. (1) a). He stated it was his opinion that the entire concept of riot or unlawful assembly by three or more persons was a grave infringement on civil liberties. Trustee Slavin moved, seconded by Trustee Bootz, that paragraph A. (1) a) be deleted. The motion failed by the following vote: Ayes: Bootz, Schleicher, Slavin (3) Nays; Avery; Kelm, Turner (.3) Pass; Forrest (1) 278 Trustee Slavin declared that there are existing State and local laws which enable the Police Department to deal effectively with individuals who break laws, and questioned the concept of the proposed ordinance. Trustee Bootz moved, seconded by Trustee Avery, that the ordinance be adopted. Trustee Slavin moved, seconded by Trustee Kelm, that hn-- additioh be made to the second sentence of Paragraph E to read "The Presiddnt shall, with the advise and consent of the Board of Trustees, have the power to reproclaim the existence of a civil emergency - - - - ". (Words underscored added.) Adopted by the following vote: Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5) Nays: None (0) Pass: Avery (1) The motion and second to adopt the ordinance were withdrawn, and Trustee Bootz moved, sec onded by Trustee Turner, that the ordinance be tabled and re- written for clarification. Adopted by the following vote: Ayes: Bootz, Kelm, Turner, Fofrest (4) Nays: Avery, Schleicher, Slavin (3) Drop Carlisle Extension A report from the building commissioner gave estimated costs for the extension of Carlisle Avenue through the Blietz property. The estimate for a direct street including the bridge was $144,368; a curved street with bridge was $149,850. Dr. Fenelon stated the cost for busing school children was $8,950 per year. Mr. Loren Anderson, 1235 Courier Court, urged the Board to consider the tax advantage in allowing the Blietz property developed with town houses, and the Carlisle extension would be constructed as part of the development without cost to the taxpayers. Trustee Schleicher suggested that legal descriptions of the street right -of- way be prepared for consideration by the Board in determining the best plan for the street extension. Trustee Kelm stated it was difficult to justify the expense for the street from public funds in an area which will be developed within the next few years. President Forrest stated the matter should be dropped from the agenda. Authorize Com. Ed. Franchise Mr. Glen Boyd of the Commonwealth Edison Company stated that the present franchise expires in 1976. The company would be interested in a new 50 year franchise and would agree to replace 2500 ft. of overhead wire with an underground installation within each five year period. Trustee Bootz moved, seconded by Trustee Slavin, that the company be requested to prepare a new franchise for consideration by the Board. Motion carried unanimously. Resolution- Authorize Transfer A resolution was presented to nauthorize the S/A Funds to Gen. Fund transfer of old Special Assessments funds, not (R- 69 -20) to exceed $51,000, to the General Fund, and directing the Village treasurer to return to the Special Assessment Funds such amounts as may be required to pay amounts due on Special Assessment bonds presented. A letter from the treasurer stated that, from funds proposed to be transferred, $15,000 would be advanced to the Water Fund and $30,000 to the Sewer Fund. Trustee Slavin moved that the resolution be adopted. SEconded by Trustee Avery, and adopted by the following vote: Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6) Nays: None (0) Report Fox Chapel Improvements Mr. Klasinski reported that improvements have been completed in Fox Chavel Subdivision and would be inspected shortly to insure compliance with specifications. Street lights have been installed and will be in service within a few days. President Forrest asked that a report be submitted after inspection. Re: Police Survey President Forrest reported that funds may be ?. available from the Illinois Law Enforcement Commission to help defray the cost of a Police Management Survey. He stated a bid of $5,500 had been received from Public Administration Service, and $9,200 from the T— 1.0 Ln V V International Association of Police Chiefs. Northwestern University has not yet submitted a bid. There was no objection to Trustee Bootz' suggestion that the matter be discussed in an executive.session. 1st Presentation - Ordinance Granting Variation -Shell 2 Waukegan Road The ordinance was read in full. Ordinance- Variation 1119 Greentree (F.T. Kapple) (0- 69 -43) requested by Mr. Frank T. Kapple. this time since he wishes to start The first presentation was made of an ordinance granting a variation from the provisions of the Zoning ordinance with respect to the property at 2 Waukegan Road, as requested by Shell Oil Company. An ordinance was presented and read granting a variation from the provisions of the Zoning ordinance to permit a rear yard of 10 feet in lieu of the required 25 feet at 1119 Greentree Avenue, as Mr. Kapple asked the Board to pass the ordinance at construction as soon as possible. Trsutee Schleicher moved, seconded by Trustee Kelm, that the rules be waived to permit action on the ordinance at tis first presentation. Motion carried unanimously. Trustee Kelm moved that the ordinance be adopted. Seconded by Trustee Schleicher and adopted by the following vote: Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6) Nays: None (0) President Forrest signed the ordinance indicating his approval thereof. No Action on WAde Request A letter from Mr. Paul Wade alleged that construction for Manholes & Costs Re; of Lake Eleanor Drive had caused flooding problems Flooding on his properties adjacent thereto, and asked that the Village reimburse him for a part of the expense of improving the drainage ditches, and also construct two manholes and install tile to carry storm water to the drainage ditches. Discussion was had on the drainage of the area nad it was the consensus of the Board that this was a private matter and a letter be.sent to Mr. Wade informing him that the Board would take no action on his request. Accept Smprovements Laurel Hill Sub. Unit 2 Unit 2 Laurel Hill Subdivision, /subject seconded by Trustee Avery, that recommendation. Motion carried unanimously. Accept Water Main Lot 146 Hovland Sub. as recommended by the building Motion carried unanimously. A report was received from the building commissioner recommending the acceptance of underground and surface improvements, except street lights, in to one year's maintenance. Trustee Slavin moved, the improvements be accepted in accordance with the Trustee Avery moved, seconded by Trustee Kelm, that the water main for Hovland Subdivision Lot 146 be accepted subject to one year's maintenance, commissioner. A letter was received from the Division of WAterways expressing thanks to the Village for notifying them of an obstruction in the Middle Fork of the North Branch of the Chicago River, near Dundee Rodd. There being no further business,'on mation by Trustee Bootz, seconded by Trustee Slavin, the meeting was adjourned at 11:45 p.m. I . , APPROVED: La-�� President ,ATTEST: Village Clerk