01/19/1970I
January 19, 1970
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, January 19, 1970 at 8:10 p.m. The
clerk called the roll and reported that the following were
Present: Charles R. Bootz
George Kelm
George P. Schleicher
Stephen M..Slavin
M. Jay Turner, Jr.
Absent: Bernard Forrest, President
Jayman A. Avery, Jr.
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 Schleicher moved, seconded by Trustee Bootz, that Trustee Kelm be
appointed President pro tem. Motion carried unanimously.
TV Moved by Trustee Slavin, seconded by Trustee Bootz, that the minutes of the
regular meeting held January 5, 1970 be approved as submitted. Motion carried
unanimously.
zi
Approve Warrant No. W -70 -1 Trustee Schleicher moved, seconded by Trustee
Q Turner, that Warrant-No. W -70 -1 - payment of
bills, including fund transfers and reimbursements, be approved. Adopted by the
following vote:
Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5)
Nays: None (0)
Report -Staff Assistance The manager submitted a report on the practices
to Plan Commission of Lake Forest, Northbrook and Highland Park
in providing staff assistance to the Plan Commission.
The matter will be kept on the agenda, and will be reviewed by the Board and the
Finance Committee in connection with the 1970 -71 budget.
Re: Plan Commission Report A brief discussion was had on the workshop meeting
Burns Rezoning to B -2 with the-Plan Commission wherein the Plan
Atty- to Prepare Ordinance Commission's.recommendation for the rezoning of
the Burns property.at the southwest corner of'.
Waukegan Road and Central Avenue was reviewed, with particular reference to the Plan
Commission's forthcoming proposal for the expansion of the Central Business District
southward to the Sara Lee plant. Mr. Dan Stiehr,.a member of the Plan Commission,
stated that no precedent would be set by the development of the Burns property for
business with a smaller lot area than that contemplated for the properties to the
west, inasmuch as the Burns property is peripheral and is located on Waukegan Road.
He stated that the Plan Commission's recommendation with respect to the rezoning of
the area between the Commons Shopping Center and the Sara Lee plant is being reviewed
by the members of the Commission and will be voted on this week.
Trustee Bootz moved, seconded by Trustee Slavin, that the Village attorney be
directed to prepare an ordinance rezoning the Burns property to the B -2 Central
Business District classification, no resubdivision of the property to be permitted,
but two driveways allowed, one on Waukegan Road, the second on Central Avenue. Adopted
by the following vote:
Ayes: Bootz, Schleicher, Slavin (3)
Nays: Turner (1) .
Not Voting: Kelm (1)
The Village attorney pointed out that the proposed ordinance would merely re-
zone the property; any restrictions would be established by covenants filed by the
owner.
Re: We -Go Flooding Problem The manager summarized his report on discussions
of Charles W. Greengard Associates and the Toll
Road engineers regarding the proposed.diversion of storm water from the We -Go Park
area northward to Lake Eleanor. Mr. Greengard had stated the diversion was not
advisable in light of the recent Court decision, inasmuch as the Toll Road Commission
will require, the Village to assume all liability for any damage caused by flooding
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which may result from such diversion. The manager recommended that the storm
sewer installation on Wilmot Road proceed as planned. Trustee Turner expressed
great concern about the proposed Baxter development wast of the Toll Road which
will bring large volumes of storm water runoff into the We -Go Park area where
periodic flooding occurs at present.
Trustee Avery engered the meeting at 8125 p.m. and was present thereafter.
Discussion was had on present Village liability for flooding, and the
Village attorney was requested to report on recent Court decisions regarding
drainage.
The matter of scavenger service will be on the agenda for the next meeting.
Ordinance -Mun. Code.Amend.
Sec. 18.413A -Open Burning
(0 -70 -3)
of leaves, brush, refuse or
erty in the Village, the pr
or grills for cooking food,
ployees; the said ordinance
following vote:
Trustee Bootz moved, seconded by Trustee
Schleicher, that the ordinance be adopted
amending the Municipal Code by adding a new
Section 18.413A to prohibit the open burning
other combustible material on public or private prop -
)hibition not to apply to fires in outddor fireplaces
or to the burning of diseased trees by Village em -'
to be published in pamphlet form. Adopted by the
Ayes: Bootz, Kelm, Schleicher, Slavin, Turner (5)
Nays: 'Avery (1)
The President pro tem signed the ordinance indicating his approval thereof.
Trustee Slavin moved, seconded by Trustee Bootz, that the manager be directed
to send copies of the above ordinance to Senators Percy and Smith and Congressman
Robert McClory.urging similar actt6n against air pollution at the Congressional
level.
Motion carried unanimously.
Ordinance -Mun. Code Amend. Trustee Bootz moved, seconded by Trustee
Sec. 22.104 -Sign Ptais to Slavin, that the ordinance be adopted
Accompany Bldg: Permit Appli- amending Section 22.104 of the Municipal
cations (0 -70 -4) Code to provide that building permit appli-
cations for non - residential structures shall
be accompanied by plans for all signs to be constructed in connection with such
structures disclosing the design, size and location thereof; the said ordinance to
be published in pamphlet form. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm,.Schleicher, Slavin, Turner (6)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
lst Presentation - Ordinance The first presentation was made of the ordinance
Vacating 50'x50' Tract vacating the 50ft. x 50 ft. tract at the south -
1137041 Deerfield Rd. east corner of the property known as 1137 -
1141 Deerfield Road, heretofore dedicated for
street purposes. The ordinance was read in full.
Discussion - Pullman Inc, ]Letter Discussion was had on the letter from
Re: Waste Disposal Proposal Pullman Incorporated, Chicago, which outlined
plans to develop sites for the disposal of
solid wastes in strip mines located in Stark County, Illinois. Wastes would be
taken by scavengers to collection points on the Northwestern Railroad, loaded into
containers or covered cars, and hauled by rail to the landfill site. The manager
stated it was the goal of Pullman Inc. and the Northwestern Railroad to get all
communities on the North Shore to join in rail disposal of refuse, but the problem
was one of costs. The cost of the rail haul would be $6.10 per ton while present
costs for disposal are $4 to $5 per ton. The higher cost for hauling by rail would
undoubtedly warrant a rate increase for residents.
Mr. Robert Benton, 75 Mulberry, Deerfield, representing the Northwestern Rail-
road, stated the proposal is being submitted to all North Shore suburbs. Many
aspects, including loading locations, rates and type or railroad cars or containers
are still to be determined. Rates quoted are tentative since volumes are not known.
Costs per ton will decrease as volume goes up. Contracts for rail hauling are being
sought from municipalities which will be billed for the service: 'Alotzer pricerchn be
provided for municipalities under the Commerce Act regulations than the rate for
individual shippers. He stated the Village will be kept informed as additional
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information becomes available.
The manager suggested that the hauling of sewage sludge be investigated, since
disposal is becoming a problem. If a good price can be obtained, large amounts would
be shipped by rail.
Re: Police Outside Employment The Village attorney's report on outside employ-
ment of Deerfield police officers by the Police
Departments of other municipalities will be continued on the agenda until President
Forrest returns.
Ordinance -Side Yard Variation
651 Barron Ct . - Boyle
(D -70 -S)
was read in full.
The ordinance was presented granting a variation
from the provisions of the Zoning Ordinance
with respect to side yards at 651 Byron Court,
as requested by Mr. Thomas Boyle. The ordinance
Mr. Boyle asked the Board to pass the ordinance at its first reading since he
is anxious to contract for the construction of the addition to his residence. Trustee
Turner moved, seconded by Trustee Slavin, that the rules be waived to permit action on
the ordinance at its first presentation. Motion carried unanimously.
Trustee Bootz then moved that the ordinance be adopted. Seconded by Trustee
Slavin, and adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
The President pro tem signed the ordinance indicating his approval thereof.
Discussion - Safety Problem .
Milwaukee RR Station
station on December 24, 196
tracks and were almost stru
by the northbound train. H
a pedestrian crossing gate.
thing be done at,the north
the tracks.
Discussion was had on a letter from Mr. John
Harwood, 810 Summit Drrve, who stated that a
near accident had occurred at the railroad
9, when paasengers from a northbound train crossed the
ck by a southbound express which had been hidden from view
e urged that the Village require the..railroad to install
Mr. Harwood, who was present, also suggested that some -
and south ends of the fence, where passengers also cross
Mr. Owens of the Milwaukee Road stated he would investigate the matter further.
He said that operating rules of the railroad provided that a train remain standing
at the station until a train from the opposite direction has passed. In connection
with the proposed crossing gates, he stated the gates would be lowered before the
train gets into the station and could cause people to miss the train. He also pointed
out that an underpass has been provided on Deerfield Road, and there is only one
authorized crossing.at track level.* Trustee Slavin suggested that matter be taken up
with the Illinois Commerce Commission. A warning bell was suggested as an alternative
to crossing gates, it having been pointed out that trains sometimes switch tracks
at the station which would keep a crossing gate lowered for an extended period. Mr.
Uwens stated he would .take up these suggestions with his superiord. Trustee Schleicher
suggested that the manager write to the Milwaukee Road expressing thanks for having
a representative at the meeting, and asking them to respond with positive suggestions
for improved safety.
Cadwell PTO Letter Re: A letter was received from Mrs. George Marty,
Snowplowingn Pine St. Sidewalks President of the Cadwell School PTO, who requested
the village to plow snow from the-carriage walks
on Pine Street, which is used by many small children going to and from school who
must now walk in the street. The manager stated it was vittually impossible to clear
the carriage walks without damaging lawns and shrubbery with regular snowplowing
equipment. If the walks are to be cleared it would-be necessary to purchase a snow
blower at a cost of approximately $5,000, which could also be used-in the central
business district. He pointed out that if carriage walks on Pine Street were cleared
it would lead to many more requests for sidewalk plowing.
Trustee Slavin suggested that matter be held open and the questiotir =of an expendi-
ture for a snow blower be referred to the Finance Committee for consideration in
connection with the upcoming budget. Mrs. Marty urged that action be taken since many
very small children must now walk in the street .
Discussion- Proposed Multiple Use Discussion was had on a report from the building
M.Bldg. Cullman Wheel Property commissioner regarding a proposed building on
the former Cullman Wheel property south of
County Line Road which is in the M- Manufacturing District. The builder proposed to
lease space to not more than 20 separate tenants. The Village attorney stated there
issno prohibition against such a building in the ordinances of the Village, but
there must be compliance with all other provisions of the Zoning Ordinance with
respect to permissable uses and parking requirements.
Trustee Turner moved, seconded by Trustee Schleicher, that the matter be
referred to the Plan Commission for review. Motion carried unanimously.
Trustee Schleicher asked the Village attorney to review all ordinances
controlling the M- District to determine what can be done to limit a building to
one use or owner.
The meeting was recessed at 9:35 p.m., and reconvened at 9:50 p.m.
Mgr. to Attend ICC Hearing Trustee Schleicher left the meeting at
Telphone Rate Changes 9:50 p.m. The manager reported that a
letter from the Illinois Commerce Commission
indicated that the Village's letter of--objection to a discriminatory rate increase
}rdpbsed by:;theel- Afteals Bell Telephone Company had been misinterpreted. After a
brief discussion, Trustee Slavin moved, seconded by Trustee Turner, that the manager
attend the hearing on February 2, 1970 to state the Village's prosition in objection
to the proposed rate increase as being discriminatory.
Motion carried unanimously.
Trustee Schleicher re- entered the meeting at 9:55 p.m. and was present
thereafter.
Accept Northern Trust Co. Offer An offer was received from the Northern Trust
$1035000 Library Bonds Company to purchase $1,035,000 Library bonds
dated December 1, 1969 at par and accrued
interest, with an interest rate of six per cent per annum and a retirement schedule
of nine years. The offer was accompanied by a check in the amount of $20,700.00.
Mr. Joseph Kaymen, 938 Hemlock, questioned the advisability of expending
over a million dollars for a library building when methods of making library
materials available to borrowers were changing so rapidly. He also pointed out
that excellent sbhool libraries are•provided for students. Mr. Thomas Parfftt,
President of the Board of Library Directors, stated he agreed with Mr. Kaymen's
facts, but not with his conclusions. It was pointed out that the issuance of bonds
for a new library building had been approved by the voters.
Trustee Bootz moved, seconded by Trustee Slavin, that the offer of the
Northern Trust Company to purchase $1,035,000 Library Bonds be approved and
accepted. Adopted by the followipg:•vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
An ordinance was presented amending Sections
Ordinance Amending Sec. 2,4,5, Two, Four, Five, Six and Eight of Ordinance
6 & 8 of Ordinance No. 0 -69 -51 No. 0 -69 -51 entitled "An Ordinance providing
Issuance of Library-Bonds for bberowing money and issuing bonds of the
(0 -70 -6) Village of Deerfield, Lake and Cook Counties,
Illinois, to the amount of $1,035,000 for
the purpose of paying the cost of acquiring a library site and erecting a library
building thereon in said Village and providing 65r the levy and collection of a
direct annual tax for the payment of the principal and interest of said bonds ".
The ordinance was read in full.
Trustee Slavin moved, seconded by Trustee Turner, that the rules be waived
to permit action on the ordinance at its first presentation.
Motion carried unanimously.
Trustee Bootz then moved that the ordinance be adopted as read. SEconde_d
by Trustee Slavin, and adopted by the following vote:
Ayes! Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Approve $400 to Youth Council A letter from the Youth Council requette.d
that an additional $552..50.be made available
to the Youth Council to carry outiits planned programs from January 1 to June 30.,
1970. It was pointed out that the amount requested could be reduced by one -third
since two months of the period for which funds were requested would fall within the
next fiscal year.
Trustee Bootz moved, seconded by Trustee Turner, that $400.00 be made avail-
able for the use of the &a €ety Council. Adopted by the following vote:
Youth (Corrected 2/2/70) 6,11
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Resolution Appropriating $51000 Trustee Slavin moved, seconded by Trustee
MFT Street Maintenance Schleicher, that a resolution be adopted appro-
(R-70-2) priating $57,000 from Motor Fuel Tax funds
for maintenance of streets in the Village for the
year 1970. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Set Feb. 12 Hearing Mr. Joseph Valenti, builder of the Deerbrook
Valenti Zoning & Annexation Shopping Center, stated he had acquired the
Agreement -P. C. & Board 30 acre tract immediately south of and abutting
on Deerbrook Center, and proposes to develop
it as an additional shopping area as part of the Deerbrook project. While the tract
can be developed under Cook County zoning, he would prefer annexation to Deerfield.
He plans to construct a Montgomery Ward store, a building for recreation, a theatre,
�. and a restaurant with space for luncheon--: or dinner meetings for organzations. He
requests B -1 zoning, two licenses for the sale of alcoholic liquor, and certain,-
d- variations from the provisions of the Zoning Ordinance. He submitted a proposed
Annexation Agreement.
A Hearings by both the Board of Trustees and the Plan Commission will be regdtred,
for consideration of Mr. Valenti's proposal. With due regard for legal publication
of notice of hearings, Trustee Schleicher moved, seconded by Trustee Turner, that
notice of public hearings on February 11, 1970 by the Board of Trustees and the Plan
Commission be published in the Deerfield Review on the zoning classification and
annexation agreement requested by Mr. Valenti.
Motion carried unanimously.
Youth Council Appointment The appointment of Mr. Al Binder, Recreation
Mr. Al Binder Director of the Deerfield Park District, to
the Youth Council was proposed. Trustee Slavin
moved, seconded by Trustee Bootz, that Mr. Binder's appointment be approved. Motion
carried unanimously.
Reports The manager reported that Charles W. Greengard
Associates had filed liability claims with the
Hartf6rd Insurance Company against George W. Kennedy Construction Company in connection
with sewer and water improvements in HovlAnd Subdivision.
Notice was received of a Con -Con Conference on January 23, 1970 at the
Chicago Sheraton Hotel.
The manager reported that Mr. John Glorioso had paid for street lights in
Fox Chapel Subdivision, had Oasds$125,00 to the Village for the landscaping of cul-
de -sacs, and the Village held $5000 as a one -year guarantee on improvements.
There being no further business, on motion by Trustee Slavin, seconded by
Trustee Bootz, the meeting was adjourned at 10:50 p.m.
APPROVED:
President
ATTEST:
Village Clerk