12/15/1969 (2)290
December 15, 1969
The regular meeting of the President and Board of Trustees of the Village
of Deerfield was called to order by the clerk, in the absence of the President,
in the Council Chambers of the Village Hall on Monday, December 15, 1969 at 8:15 p.m.
The clerk called, the roll and.reported.that the following were
Present: Jayman A. Avery, Jr.
George Kelm
George-P. Schleicher
Stephen M. Slavin
M. Jay Turner, Jr.
Absent: Bernard Forrest, President
Charles R. Bootz
and that a quorum was present and in attendance at the meeting. Also present were
Messrs. Richard Houpt, Village attorney, and Norris - Stilphen, manager.
Trustee Kelm moved, seconded by Trustee Avery, that Trustee Schleicher be
appointed:President pro tem. Motion carried unanimously.
Trustee Slavin moved, seconded by Trustee Avery, that the minutes of the
regular meeting held December 1, 1969 be approved as submitted. Motion carried
unanimously.
Approve Warrant W -69 -12 Trustee Slavin moved, seconded by Trustee
Avery, that Warrant No. W-- 69-12 payment of
bills, including fund transfers and reimbursements, be approved. Adopted by the
following vote:
Ayes: Avery, Kelm, Schleicher, Slavin, Turner (5)
Nays: None (0)
Approve Final Plat
Neumayer Sub.
890 Brand Lane
4.60 ft. on Lot 2, as recommended by
plat be authorized. Adopted by the
Trustee Slavin moved, seconded by Trustee
Kelm, that the Board approve the final plat
of the Neumayer Subdivision of two lots at
890 Brand Lane with a rear yard variation of
the Plan Commission, and execution of the said
following vote:
Ayes: Avery, Kelm, Schleicher, Slavin, Turner (5)
Nays: None (0)
Report -We -Go Drainage I'n connection w-itfi ttie proposed di:verson of
storm water from the We�,,Go Park, area to tb.e
north along the Toll RDad, the manager that no quorum had been present at the Lincoln-
shire Board of Trustees meeting and therefore there was no definitive answer on the
timing of the proposed Lincolnshire Subdivision, but the engineer, Mr. Chard.es Green-
gard had estimated it would be three years before development. A letter from Mr.
Charles Caruso, Superintendent of School District No. 110, registered concern about
the proposed diversion and pointed out that additional st&nim water would add to
flooding problems on the Junior High School parking lot. The manager stated this
Plodding was due primarily to the failure of the Toll Road Commission to maintain
drainage ditches along the Toll Road in good condition.
The manager stated that the Board must decide whether to divert storm water
flows to the north with the recognition that additional storm water will enter the
drainage ditch from the new subdivision in Lincolnshire, the Toll Road Commission will
require a "hold harmless" agreement, and the Drainage Commission, School District
No. 110 and residents north of Deerfield Road are opposed to the diversion. The
Village attorney asked if the Mailfalds, owners of property abutting We -Go Park on
the south, hdd been approached for a drainage easement, the manager answering that
they had not. Trustee Kelm stated the flooding problem would become much worse
when property west of the Toll Road is developed. Trustee Turner stated it seemed
there was less concern about people who are being flooded than those who may or may
not be flooded.
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The manager was directed to contact School District No.
110, and to keep
this
matter on the agenda.
Report -Fox Chapel
The manager reported he
had not been able
to
Improvements
arrange a meeting with Mr.
John Glorioso,
the
developer of Fox Chapel
Subdivision, to discuss
the completion of subdivision
improvements. He stated street
lights have been
installed
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and connected by the power company, but are burning continuously due to installation of
wrong heads. The Superintendent of Public Works has talked to Mr. Glorioso, who had
indicated that he would be willing to give the Village a ltter agreeing to pay the costs
of putting the street lights in proper condition and for required landscaping. Trustee
Slavin asked that this matter be kept on the agenda.
Ordinance- Variation
Union Oil Co.
836 Deerfield Road
(0- 69 -47)
Trustee Kelm moved reconsideration of the ordinance
granting a variation from the provisions of the
Zoning Ordinance with respect to the property at
836 Deerfield Road. Seconded by Trustee Avery,
and carried unanimously.
Discussion was had on the 50' x 50' tract at the northeast corner of the property
which the Plan Commission had recommended be acquired in connection with the proposed
re- location of Park Avenue. Messrs. Link and O'Mara, representing the Union Oil Company,
stated the tract had been appraised at $12,500, and due to income tax considerations
the company was not prepared to dedicate the property to the Village at this time,
They pointed out that the re- location of Park Avenue was in the tentative planning stage
and if the plan were to be carried out in the foreseeable future, they would look with
favor on the dedication. After a brief discussion on the appraised value of the tract,
its use, and tax advantages, Trustee Slavin proposed a sale of the 50' x 50' tract to
the Village for $1.00, and moved that the ordinance be tabled pending consideration of
this proposal. The motion failed for lack of a second. Mr. O'Mara again stated the
Company would Imok with favor on the dedication of the tract when the plan for re-
location of Park Avenue is being implemented.
Trustee Avery moved, seconded by Trustee Kelm, that the ordinance be adopted
granting a variation from the provisions of the zoning ordinance to permit the construc-
tion of a pump island and canopy and free - standing sign in the otherwise required 50 '
front yard at 836 Deerfield Rbad, as petitioned by Union Oil C6MpanY. Adopted by the
following vote:
Ayes: Avery, Kelm, Schleicher, Turner (4)
Nays: None (0)
Pass: Slavin (1)
The President pro tem signed the ordinance indicating his approval thereof.
Ordinance- Variation
Golden Bear Sign Location
360(D) County Line Rd.
(0- 69 -48)
Trustee Kelm moved, seconded by Trustee Slavin,
that the ordinance grantd•ng a variation from the
provisions of the zoning ordinance to permit the
erection of the Golden Bear Pancake House free -
`r ;� ^staHd i ngns i,gn7i n,lthe requ i r6d .front yard at 360
County Line Road, (D), be removedjfrom the table. Motion carried unanimously.
A letter from the building commissioner stated that the petitioner had submitted
revised plans for the sign to comply with all requirements except that of location.
Trustee Slavin moved, seconded by Trustee Turner, that the ordinance be adopted
granting a variation from the provisions of the zoning ordinance to permit the erection
of the Golden Bear Pancake House sign 2.6 ft. from the front property line at 360 County
Line Road (D) in lieu of the required 50 ft. Adopted by the following vote:
Ayes: Kelm, Schleicher, Slavin, Turner (4)
Nays: Avery (1)
The President pro tem signed the ordinance indicating his approval thereof.
Ordinance - Variation
Sign -360 County Line Rd. (A)
Bederal Sign (DiPietro)
(0- 69 -49)
be removed from the table. Motion
Trustee Kelm moved, seconded by Trustee Slavin,
that the ordinance granting a variation from the
provisions of the Zoning Ordinance to permit the
erection of a free - standing sign 2.6 ft. from the
front property line at 360 County Line Road (A),
carried unanimously.
Trustee Slavin then moved, seconded by Trustee Turner, that the ordinance be
adopted as requested by the Federal Sign and Signal Corporation (DiPietro). Adopted by
the follwoing vote:
Ayes: Kelm, Schleicher, Slavin, Turner (4)
Nays: Avery ( I ) I
.
The'President pro tem signed the ordinance indicating his approval thereof.
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Attorne to Prepare Ordinance Discussion was had on the number of sign
l�n pp i,ca ion to Accompa variations requested, and it was suggested
Bldg. Permit Application that the sign ordinance should be reviewed.
Mrs. Naomi Clampitt, a member of the Board of
Zoning Appeals, stated that the foregoing variations for location of signs had been
recommended because the design of the building was such that a sign could not be
placed flat against the wall as permitted by ordinance; therefore, the erection of
free - standing signs in the required front yard was recommended since it was a hard-
ship to the owner if the location of his business could not be readily identified
by the public.
Trustees Turner and Slavin proposed that, in order to avoid the necessity
fdr granting sign variations, it might be advisable to require the application for
a sign permit to be submitted with the building plans when it would be possible
to make changes to provide for signs conforming to ordinance provisions. President
pro tem Schleicher recommended that the question of signs be discussed with the
Board of Zoning Appeals and the Plan Commission in a wor.kshbopmeeting. Mr. Werner
Neuman, a former member of the Board of Zoning Appeals, agreed that much time was
spent by both Boards on sign variations, but pointed out that the non - conforming
Sara Lee signs had been permitted to remain because they had been shown on the
building plans which had been approved by the Board of Trustees.
Trustee Slavin moved, seconded by Trustee Turner, that the Village attorney
be directed to prepare an amendatory ordinance or ordainances to require that the
plans for any proposed sign be submitted with the application for a building permit.
Adopted by the following vote:
Ayes: Avery, Kelm, Slavin, Turner (4)
Nays: Schleicher (1)
P.C. Report -Burns Property A report was received from the Plan Commission
to B -I or B -2, Waukegan & recommending that Dr. William Burns' property
Central Avenue at the southwest corner of Waukegan Road and
Central Avenue be rezoned from the R -6 two -
family district to the B -2 central business district, subject to the following re-
strictive covenants: (1) Ingress and egress be restricted to Central Avenue as long
as it remains a two -way street; and (2) No resubdivision of the property be permitted.
Mr. Donald Morrison, attorney for Dr. Burns, stated the owner would accept
the covenant regarding no resubdivision, but would not agree to a covenant restricting
ingress and egress to Central Avenue.
Table Burns Rezon;hng Mrs. G. F. Clampitt, 1455 Greenwood Avenue,
stated it was her opinion that Dr. Burns was
entitled to construct a6f6fifice building on his property, but proposed a rezoning
to 0 & R which would permit professional offices and would not have the adverse effects
on the neighbbohood that could result from a business classification. She pointed out
that when the first Comprehensive Plan for the development of Deerfield had been pre-
pared 17 years ago, the Planner had provided single - family, two - family and multiple -
family districts to meet the various needs of the people who would wish to live in
Deerfield. She stated that, while most owners of property in the Osterman - Central
Avenue area had chosen to continue to enjoy their'homes as single - family residences,
ther=e is a definite need for housing other than single - family, and if this area is
deleted as a two - family district without designating a comparable area , the integrity
of the plan may be upset which could invite the accusation that the Village has not
provided zoning districts to meet the needs of the people.
A brief discussion was had on traffic and the Plan Commission's recommendation
that ingress and egress for the Burns' property being restricted to Central Avenue,
Trustee Slavin moved, seconded by Trustee Kelm, that the Plan Commission's report on
the Burns' petition for rezoning be tabled until the next meeting to permit consulta-
tion with the Plan Commission and the Village attorney. Adopted by the following
vote:
Ayes: Kelm, Schleicher, Slavin, Turner (4)
Mays,,, Avery ( 1 )
The meeting was recessed at 9:40 p.m., and re- convened at 9:50 p.m.
Ordinance Granting Com. Ed. President pro tem Schleicher stated that he would
Franchise Failed to Pass abstain from any discussion or vote on the pro -
posed ordinance granting a franchise to Common w.
wealth Edison for a term of 50 years, since he is an employee of a utility company.
The provisions of the ordinance were expiieined br&6fy and the letter whereby the
Commonwealth Edison Company will agree to furnish electric service without charge for
municipal buildings and to replace 2500 lineal feet of overhead wires with under-
ground installation each five years of the franchise period.
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Mr. Werner Neuman, 338 Ramsay Road, presented petitions signed by 109 residents of
the Village opposing the granting of a "franchise for a term of fifty years at this time.
Their objection was based on the air pollution caused by the operations of the Common-
wealth Edison Company. Mr. Jack Maddox, 1114 Davis, a member of SAVE (Society Against
Violence to Environment), stated that he supported Mr. Neuman's petitd,on. Trustees Kelm
and Slavin questioned the advisability of granting a long term franchise when.the present
fronchise will not expire tuntil 1976 and the only advantage to the Village would be the
replacement of 2500 feet of overhead wires with underground installation each five years.
Mr/ Glen Boyd of the Commonwealth Edison Company explained the continous efforts
and expenditOres made by the Company to abate the pollution of the air. The manager
dtated that the Village had initiated the action that brought about consideration of a
new franchise y when the Park Board had solicited the help of the Village in getting the
overhead wires at Jaycee Park installed underground.
Trustee Avery moved, seconded by Trustee Turner, that the ordinance be adopted
granting a 50 year franchise to the Commonwealth Edison Company, Upon roll call the
ordinance failed to pass by the following vote:
Ayes: Avery, Turner (2)
Nays: Kelm, Slavin (2)
£a6s: Schleicher ( I ) Abstain (Corrected 1/5/70)
Rat-i-fy CCPA Agreement The Agreement between the Village of Deerfield and
Authorize Execution the Cook County Police Association was presented and
read in full. The Agreement covers recognition of
the CCPA, check -off of dues, grievance procedures, overtime pay, vacations, wages and
seniority, management rights, strikes, and duration of the agreement which remains in
effect until April 30, 1971. The agreement regarding sick leave cahlbb(�handled by a
letter.
Trustee Slavin stated that the agreement prepared by special counsel correctly
reflects the agreements reached by the bargaining committee and the representatives of
the Cook County Police Association. He then moved ratification of the agreement and to
authorize executl6nn thereof by three officers of the Village. Seconded by Trustee
Turner, and adopted by the following vote:
Ayes: Avery, Kelm, Schleicher, Slavin, Turner (5)
Nays: None (0)
Authorize Temporary Sign
Red Balloon Coffee Shop
County Line & Waukegan
in the Deerbrook Shopping Center.
standard size temporary sign and
distances in all directions.
Discussion was had on the request for a permit for
a 8' x 20' temporary sign for the Red Balloon
Coffee Shop which is under construction at the
southwest dorner of County Line and Waukegan Roads
The company representative stated this is their
it would be located so as to provide adequate sight
Trustee Slavin moved, seconded by Trustee Kelm, that the issuance of a permit be
approved for a temporary sign for the Red Balloon Coffee Shop, the exact location to be
determined by the building commissioner with due regard for safety. Adopted by the
following vote:
Ayes: Kelm, "Schleicher, Slavig, Turner (4)
Nays: Avery (1)
Ist Presentation - Ordinance The first present) Lion was made of an ordinance
Sideyaed Variation - Sacks granting a variation from the provisions of the
849 Osterman Zoning Ordinance with respect to sideyards at
849 Osterman Avenue, as requested by Mr. Henry J.
Sacks. The ordinance was read in full.
Attorney to Prepare Ordinance A report from the Village attorney stated there
Prohibiting Open Burning was no Village, County of State law to prohibit
the burning of leaves. He stated that some
municipalities have adopted ordinances prohibiting open burning on public and private
property basing them under the general authority of promoting pub:hi,elhealth and safety.
He recommended an exception for barbecues, and stated that an extended period of education
of the public through the issuance of warning tickets was advisable.
Trustee Turner moved, seconded by Trustee Kelm, that the Village attorney be
instructed to prepare an ordinance prohibiting open burning.
Motion carried unanimously.
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Mr. Avr6n Katch, 170 Hyacinth, stated that both MacDonald's and Sara Lee
have incinerators, and urged that the use of incinerators be prohibited.
Report - Sludge Dumping The manager reported that the digester sludge
Riverwoods C.C. dumped at the Riverwoods Country Club had been
plowed under, and the Lake County Health
Department had reported that everything was satisfactory.
Table Scavenger Proposal The manager reported he had prepared speci-
fications for scavenger service and had met
with the two licensed scavengers. Ag a result of this meeting a counter proposal
has been submitted to the effect that if one scavenger is given an exclusive fran-
chise to perate for four years, he will buy out the other scavenger. Mr. Van Der
Molen, owner of the Deerfield Disposal Service, stated he had reached an agreement
with Mr. A. H. Gastfield, the owner of the other service, but he did not know how
long it would take to close the deal. Discussion was had on the number of licenses,
the Village attorney pointing out that one licensee could not hold two licenses. He
also stated there was a question as to whether the Village can enter into a contract
along the lines proposed.
Trustee Slavin stated there should be more definite evidence +of an agreement
to purchase between Deerfield Disposal and Mr. Gastfield, such as a letter of intent
signed by bollith parties, before the Municipal Code is amended to provide for only one
scavenger license.
Trustee Slavin then moved, seconded by Trustee Turner, that the matter be
tabled until after discussion has been had in a workshop session.
Motion carried unanimously.
Approve Payment $3321.32 Trustee Avery moved, seconded by Trustee Kelm,
To Baxter & Woodman that payment of $3,321.32 be approved from
MFT Sec. 28- TL -CS. Motor Fuel Tax funds to Baxter and Woodman
for engineering services in connection with
traffic light improvements, MFT Secttuon 28- TL -CS. Adopted by the following vote:
Ayes: Avery, Kelm, Schleicher, Slavin, Turner (5)
Nays: None (0)
Approve Payment $5650 to Trustee Kelm moved, seconded by Trustee Turner,
Aldridge Electric that payment of $5,650.00 be approved from
MFT Sec. 28 -TL -CS Motor Fuel Tax funds to Aldridge Electric, Inc.
for work completed on traffic light improve-
ments, MFT Section 28-TL CS, as recommended by Baxter and Woodman, engineers for the
project. Adopted by the following vote:
Ayes: Avery, Kelm, Schleicher, Slavin, Turner (5)
Nays: None (0)
The ordinance increasing salaries of Village employees was presented.
The meeting was recessed at 11:40 p.m., and re-convened-'at 11:55 p.m.
Ordinance - Salary Amendment The ordinance providing for salary increases
(0- 69 -50) for Village employees, effective November I,
1969 was presented and read in full.
T Trustee Turner moved, seconded by Trustee Slavin, that the rules be waived to
permit action on the said ordinance at its first presentation. Motion carried
unanimously.
Trustee Kelm moved, seconded by Trustee Turner, that the ordinance be adopted
as read. Adopted by the following vote:
Ayes: Avery, Kelm, Tchleicher, Slavin, Turner, (5)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
Lake - Cook - Waukegan Intersection Plans for the Waukegan -Lake -Cook Road inter -
Plans & Sidewalks Referred to section were reviewed. The manager stated the
Safety Council Village could request sidewalks where they are
not provided. Trustee T- turner moved, secodded
by Trustee Slavin, that the matter be referred to the Safety Council. Motion carried
unanimously.
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Reports - Communications The manager reported a letter had been received
from Excalibur Chapter DeMolay, requesting per-
mission to erect a tent on the Ist National Bank - Village parking lot where they
propose to serve hot coffee 24 hours a day for 12 days, from December 18th to 31st.
Maps and information will be given to visitors. Trustee Slavin recommended that no action
be taken on the request, and the organization'direct its inquiry to the bank.
The manager reported that.Lakeland Construction Company has started dredging the
East drainage ditch. The sump pump discharge drainage problem at the Barry Clark
residence has been taken care of by the builder, he stated.
A report from the Safety Council recommended the installation of sidewalks along
the Deerbrook Shopping Center property. The Council also reoommended that the Village
require a plan for the installation of sidewalks before any new building permits are
issued.
A letter was received from State Senator Karl Berning regarding a Neaflng in
Waukegan next Wednesday on House Bill 1241, a mandatory annexation law, and laws
pertaining to townships and mobile homes. The manager was directed to attend the
hearing and report to the Board.
A letter from the Deerfield Area Historical Society stated Tag Days were planned
for February 6 at the Milwaukee Railroad station and February 7 in the shopping area.
The funds raised will be used for the Ott cabin which was given to the Historical Society
by the Baxter Corporation.
The manager reported a letter had been received from the All State Insurance
Company suggesting that fire extinguishers be placed in all Village vehicles, all
employees be given a physical eex�mination with a re- examination every three to five years.
They adito suggested 90% co- insurance, and an appraisal of the value of all buildings, to
be updated every year or two.
Trustee Slavin stated that in consideration of the CCPA Agreement which establishes
grievance procedures, a similar provision-should be made available to all Village
employees. He then moved, seconded by Trustee Turner, that the manager be directed
to prepare a recommendation on amendments to the Personnel Rules to establish grievance
procedures. Motion carried unanimously.
There being no further business, on motion by Trustee Slavin, seconded by Trusteee
Turner, the meeting was adjourned at 12.30 a.m.
ATTEST:
Village Clerk
APPROVED:
President