11/17/1969 (2)280
November 17, 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, November 17, 1969 at 8:10 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 Kelm
George P. Schleicher
Stephen M. Slavin
Absent: M. Jay Turner, Jr.
and that a quorum was present and in attendance atcthe meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager.
Trustee Bootz moved, seconded by Trustee Slavin, that the minutes of the
regular meeting held November 3, 1969 be approved as submitted. Motion carried
unanimously.
Approve Warrant W -69 -11 Trustee Schleicher moved, seconded by Trustee
Bootz, that Warrant No. W -69 -11 -- payment of
bills, including fund transfers and reimbursements, be approved. Adopted by the
following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
Procedures Re: Subd. Variations In connection with the proposed Roskamp Sub -
(Roskamp Subdivision) division, the Plan Commission requested clari-
fication of procedures regarding subdivision
variations. The Village attorney stated that the Zoning Ordinance had heen amended
to permit the Plan Commission to recommend variations from the provisions of the
Zoning and Subdivision Ordinances without a public hearing in order to expedite
the handling of such matters, but in lieu of the public hearing, notice must be
given to adjoining property owners and an affidavit filed attesting to such notifi-
cation. Such notice will permit an adjoining property owner to be present at the
Plan Commissinn meeting to express his objection or approval of the proposed vari-
ation. He stated that the requirement for notification and the affidavit should be
covered in the Rules bf_�Pfad dUtd of the Plan Commission. It was reported that an
affidavit form has been sent to Mr. Roskamp.
P.C. Report- Rezone Tracts South A report from the Plan Commission recommended
of Regency Apts.on Deerfield Rd. denial of the petition to rezone two tracts
Deny Rezoning Petition south of the Regency Apartments on Deerfield
Road to the R -7 Multipl& family District.
Trustee Kelm moved, seconded by Trustee Slavin, that the Board approve the recom-
mendation of the Plan Commission and the petition be denied.
Motion carried unanimously.
P.C. Report Ace Hosts Sub. Discussion was had on the Plan Commission
Refer Back to P.C. report on the proposed Ace Host (Roy Rogers)
Subdivision, a resubdivision of Lot 2, Mallin's
Subdivision. The Plan Commission recommended denial of the subdivision until such
time as adequate control ms attained over the remainder of Lot 2. The Village
attorney pointed out that lot frontage on two streets is a violation of the Code.
Trustee Schleicher proposed that the matter be discussed with the Village attorney
in an executive session.
The meeting was recessed at 8:30 p.m., and reconv4pdd at 8 :45 p.m.
Trustee Bootz moved, seconded by Trustee Slavin, that the matter be tabled
and referred to the Plan Commission for further study.
Motion carried unanimously.
The manager stated that there was no further report from Greengard Associates
on the Toll Road -We -Go flooding probe and diversion of flood water to Lake Eleanor,
The Union Drainage Commission has invited a representative from Greepgard,'Assoe aces
and the Board to a meeting in the Village Hall on Tuesday evening, November 18.
Either the manager or the director of public works will attend
2 8 1.
Report - Completion of Fox Chapel The manager reported he will meet with Mr. John
Sub. Improvements Glorioso on Wednesday to try to set a time schedule
for completion of improvements in Fox Chapel
Subdivision, which include hooking up the street lights, black dirt and landscaping of
parkways and a few other minor things. He will report on progress at the next meeting.
Ordinance- Variation Trustee Avery moved, seconded by Trustee Slavin,
2 Waukegan Rd. (Shell) that the ordinance be adopted granting side
(0- 69 -44) and front yard variations from the requirements
of the Zoning Ordinance with respect to the
property located at 2-Waukegan Road, as requested by Shell Oil Company. Adopted by the
following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
The manager will meet with the two licensed scavengers to discuss proposed speci-
fications for scavenger service.
1st Presentation - Ordinance The ordinance was presented granting a vAtiation
O Variation -Union Oil Co. from the provisions of the Zoning Ordinance
836 Deerfield Rd. with respect to the property at 836 Deerfield Road
(Pure Oil station),as requested by the Union Oil
V Company.
V
Messrs. O'Mara and Link, representing the Union Oil Company, stated they had
initiated procedures regarding.the conveyance of the northeast 50 ft. x 50 ft. corner
of the property to the Village for the future re- location of Park Avenue, and expect
an answer shortly. Trustee Slavin proposed that this stand as a first reading of the
ordinance, and no further action be taken until a definitive reply is received from the
company.
Ordinance- Variation The ordinance was presented and read granting a
443 Hermitage (Schiffels) variation from the provisions of the zoning
(0- 69 -45) ordinance to permit a sideyard of 5 feet at each
lot line and a combined total of 10 feet at
443 Hermitage Drive, as requested by Mr. Richard M. Schiffels.
Trustee Avery 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 Bootz then moved, seconded by Trustee Avery, that the ordinance be adopted.
Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
The.President signed the ordinance indicating his approval thereof.
1st Presentation - Variation The first presentation was made of an ordinance
Golden Bear Sign -360 County Line (D) granting a variation from the provisions of the
Zoning Ordinance to permit the erection of a
free- standing sign 2 ft. 6 in. from the front property line at 360 County Line-Road (D)
as requested by the Golden Bear Pancake House Restaurants, Inc.
1st Presentation- Variation The first presentation was made of an ordinance
Sign -360 County Line (DiPietro) granting a variation from the provisions of the
Federal Sign & Signal Zoning Ordinance to permit the erection of a
free -- standing sign (DiPietro) at 360 County Line
Road (A) within 1 ft. 8 in. of the front property line, as .requested by Federal Sign
and Signal Corporation.
Post Ordinance Com. Ed. An ordinance granting a franchise to Commonwealth
Franchise Edison for a term of 50 years was submitted by
Mr. Glen Boyd of Commonwealth Edison Company.
Trustee Schleicher left the meeting at 8:55 p.m.
A letter from the Village attorney stated that the proposed ordinance is in the
same form as the present Drdinance. Mr. Boyd had stated the company, by separate
Letter Agreement, will provide free electrical service to all municipal buildings in
the Village, and'will replace overhead power lines with underground lines at the rate
of 2500 lineal feet every five years. In answer to President Forres C s question. Mr.
282
Boyd stated it is the policy of the company to treat all municipalities alike,
and any agreement with another municipality for additional footage of underground
installation of power lines would be granted to all other municipalities with which
the company has franchises.
The franchise ordinance will be posted on the bulletin board in the lobby
for inspection by the public, and its first presentation will be mdde at the next
meeting. Trustee Schleicher re- entered the meeting and was present thereafter.
Approve 4 St. Lights A report from the manager recommended the
Waukegan Rd.: -North Ave. installation of four street light on Waukegan
to H.S. Drives Road, one at North Avenue, one at mid- block,
the cost to the
power supply no
and one at each of the High School drives,
Village being $37.91 per month for the four lights, underground
w available from North Trail SuBUivision.
Trustee Bootz moved, seconded by Trustee Slavin, that the manager be
authorized to order the installation of the four lights in'the specified locations.
Adopted by the'following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
Re- affirm Bid Award to The bid of Amadeo Ritacca & Sons, Inc. for
DiPaolo Co. Wilmot Rd. Lhe-'igstallatiori'of the Wilmot Road relief
Storm Sewer storm sewer having been overlooked at the
bid opening on November 3, 1969, and the said
bid having been opened by the engineer and Director of Public Works and found to
be $16,027.50, Trustee Slavin moved, seconded by Trustee Bootz, that the Board re-
affirm the acceptance of the low bid of the DiPaolo Company in the amount of
$12,916.60. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
Report-Deerfield-Kipling Traffic A detailed report was received from Baxter
Lights - Remove Stop Order and Woodman on the installation of traffic
Authorize $950 for Curb Removal lights at Kipling and Deerfield Rodd, with
the recommmendation that the lights be
installed as originally planned. The removal of the curb restriction on the west
side of Kipling Place to provide more space for school buses to turn was estimated
to cost $950.00. A lengthy discussion was had on the report and recommendation.
Items discussed included the effect of the lights on traffic at the Warrington and
Oxford Road intersections, the hazard of traffic light standards in the narrow side-
walk, and suggestions that extra large red traffic lights be used or the lights
be installed over Deerfield Road traffic lanes for greater visibility. Trustee
Kelm proposed that parking be prohibited for about 50 feet on Kipling Place south
of Deerfield Road.
Trustee Bootz moved, seconded by Trustee Schleicher, that the stop work
order be removed and the contractor notified to proceed with the work as originally
planned at the Kipling- Deerfield Road intersection, and the expenditure of $950.00
he approved to round off the corner. Adopted by the following vote:
Ayes: Bootz, Kelm, Schleicher, Slavin (4)
Nays: Avery (1)
Report -Lake Eleanor Improvements The manager reported that Mr. Ronald Waytula
had been unable to get A contractor to replace
sidewalks damaged when equipment was brought in for Lake Eleanor grading, but he was
willing to give the Village $925.00 to cover the cost of replacing approximately
925 sq. ft. of sidewalk which would then be installed by the Village when weather
permits. If the Board approved, the Lake Eleanor grading escrow could be released.
There was no objection to this proposal.
Approve Payment $4470 to Trustee Kelm moved, seconded by Trustee Bootz,
]DiPaolo Co. Orchard St. Sewer that final payment of $4,470.00 be approved
to DiPaolo Company for Orchard Street sewer
construction, as recommended by Baxter and Woodman. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, (5)
Nays: None (0)
Approve Payment $98.34 to Trustee Bootz moved, seconded by Trustee Kelm,
Baxter & Woodman- Orchard St. Sewer that final payment of $98.34 be approved to
1
1
1
28
Baxter and Woodman for engineering services in connection with the installation of the
Orchard Street sewer. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
Reports - Communications The manager reported that a letter from Attorney
General William Scott stated that an investigation
of identical salt bids was being initiated, and asked for Village records of salt bids
for the years 1966 through 1969.
A letter from Dr. W. J. Fenelon, Superintendent of School District 109, thanked
the Board for its consideration of the request to restudy the traffic light installa-
tion at Kipling Place and Deerfield Road, and expressed disappointment that no action
was taken to extend Carlisle Avenuettopopen the street from Deerfield Road to County
LIne Road.
The Municipal Problems Commissinn will hold a hearing at DesPlaines on Thursday,
Narch 19, 1970.
Request Further Study The Village manager reported that Mr. Paul
WAde Property Drainage Problem WAde had requested further consideration of his
® Lake Eleanor Drive request that the Village install two manholes
and pay for the ditching required to alleviate
flooding problems on his properties on Lake Eleanor Drive, outside the Village limits.
t,y He further reported that Mr. Jens Peterson had discussed this matter with Public Works
C.� Dftector Klasinski and informed him taht septic tank effluent from two properties is
being discharged into the ditch and storm water from street inlets in Lake Eleanor
Drive flows onto Mr. Wade's properties. Mr. Klasinski will notify owners using septic
tanks to connect to the sanitary sewer. The Board requested further study of Mr. Wade's
request.
Appoint Wm. J. Burns to S.C. President Forrest proposed the appointment of
Mr. William J. Burns, 1110 Somerset, to fill
the vacancy on the Safety Council. Trustee Bootz moved, seconded by Trustee Kelm,
that this appointment be approved.
Motion carried unanimously.
Appoint David Cavins The President reported that Mr. Donn Wright had
Chairman Youth Council resigned as Chairman of the Youth Council although
he would continue to serve as a member. He
proposed the appointment of Mr. David Cavins as Chairman. Trustee Kelm moved, seconded
by Trustee Bootz, that the Board approved this appointment.
Motion carried unanimously.
Re: Co- Counsel Brickyard Case A letter from the Village attorney stated that
Mr. Donald Morrison was willing to withdraw -vas
co- counsel in the brickyard case if the Board felt there was any conflict in his
representation of the contract purchaser of the Moraine Hotel in legal proceedings
against the City of Highland Park in connection with the voter approved acquisition of
the Moraine Hotel property. The Village attorney stated that no further action on the
part of the Village or Mr. Morrison is required in the brickyard case, and it is
hoped the judge's decision will be given shortly. Mr. Morrison is being paid an hourly
rate, with no retainer.
Re: Water Fund In answer to trustee Kelm's inquiry regarding the
net loss in operations in the WAter Fund, the
manager stated that increased revenue was being received from greater summer water use,
but if Highland Park increased its water rate due to higher operating costs, the Village
water rates may have to be increased in accordance with the provisions of the Water
Revenue Bond Ordinances.
President Forrest asked the Village attorney to check Village and State laws
on air pollution with particular reference to leaf burning. The manager suggested that
provision be made for the issuance of warning tickets rather than citations for violations
on leaf burning.
Approve Z. President Forrest reported that the Village attorney
Regency Law Suit recommended that Mr. Jack Siegel be retained as
co-counsel in the zoning and civil rights suit
filed in connection with the tract south of the Regency Apartments, to be paid at the
rate of $40 per hour, with no retainer.
Trustee Slavin moved, seconded by,Trustee Bootz; that -the,:Board approve
the retention Qf Mr, Jack $ie eX:.a�,.co cQUn$, l�a ,..recon�}ended: tb�' :alage
attorney.
Trustee Kelm questioned whether there is a need for two lawyers on
litigation and stated he did not know how to evaluati the question in light of
the Village attorney's recommendation. Trustee Slavin stated he agreed with
Trustee Kelm as a metter of policy, but in view of the importance of the
case and the attorney's recommendation, he felt the expenditure for the services
of co- counsel was justified.
The motion to retain the services of Mr. Jack Siegel as co,- counsel was
adopted by the following vote:
Ayes: Bootz, Schleicher, Slavin, Forrest (4)
Nays: Avery, Kelm (2)
There being no further business, on motion by Trustee Bootz, seconded by
Trustee Slavin, the meeting was adjourned at 9:50 p.m.
ATTEST:
Village Clerk
APPROVED: 1:��
Presi a t-
1
1
1