03/02/1970 (2)14
March 2, 1970
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, March 2, 1970 at 8:17 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
M. Jay Turner, Jr.
Absent: None
and that a quorum was present and in attendance at the meeting. Also present
were Messrs. James STucko, representing the Village attorney, and Norris Stilphen,
manager.
Minutes of the regular meeting held February 16, 1970 were approved as
submitted on motion by Trustee Slavin, seconded by Trustee Bootz, and carried
unanimously.
P.C. Report Re: 521 -547 A report from the Plan Commission recommended
Deerfield Rd. Rezoning denial of the petition to rezone properties at
521 to 547 Deerfield Road from the R -2 Single
family and R -7 Mutltiple ^family Districts to the B -2 Central Business District
classification.
Deny B -2 Rezoning Trustee Turner moved, seconded by Trustee
521 -547 Deerfield Rd. Slavin, thgt the recommendation of the Plan
Commission be accepted, and the petition to
rezone properties at 521 to 547 Deerfield Road to the B -2 Central Business
District classification be denied.
Mr.Richard Ross, attorney for the petitioners, objected to the Plan
Commission's reasons for recommending denial of the rezoning. He took particular
exception to the Commission's use of the term "economic hardship ", and also
pointed out that no precedent could be set as a justification for further re-
zonings since no other property is similarly located. He urged the Board to
grant the petitioned rezoning.
The motion to deny the petition to rezone the subject properties was
adopted by the following vote:
Ayes: Aver:; Kelm, Schleicher, Slavin, Turner (5)
Nays: Bootz (1)
Re: Development Cullman In connection with a proposed development of
Wheel Property the Cullman Wheel property, Mr. Albert Brust,
Chairman of the Plan Commission, reported that
progress is being made with the developer who will submit alternate plans for
development with a lesser density of land use. Decision was made that this
matter be taken off the agenda until the Plan Commission's report is received.
Approve Final Plat -Ace Hosts A report from the Plan Commission recommended
Sub. Subject to Covenants & denial of the Ace Hosts (Roy Rogers) Subdivision.,
P.C. Approval but stated that if the Board was of the opinion
the subdivision should be approved, such
approval be subject to the six covenants and restrictions already agreed to by
Ace Hosts, and an additional covenant be obtained to provide that if the B -3
Planned Unit Development zoning classification is adopted by the Board, Ace Hosts
will accept this classification for the property. Mr. Tom Conrardy, representing
Ace Hosts, submitted photocopies of the six covenants and restrictions signed by
Ace Hosts, and stated they would accept the B -3 classification if adopted.
After a brief discussion of the development of the remainder of the Mallin
property of which the Ace Host property was a part, Trustee Bootz moved, seconded
by Trustee Kelm, that the fifnal plat of the Ace Hosts Subdivision be approved,
subject to the covenants submitted by Ace Hosts, and approval 6f the plat by the
Plan Commission.
Trustee Slavin moved, seconded by Trustee Bootz, that the motion be amdnddd
15
by adding that approval of the plat be subject to obtaining an additional covenant
providing that in the event the B -3 Planned Unit Development classification is
adopted by the Board, Ace Hosts will accept this classification. Adopted by the
following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
The motion as amended was adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Slavin, Turner (5)
Nays: Schleicher (1)
P.C. Hearing - Mallin Trustee Schleicher moved, seconded by Trustee
B -1 to R -5 Slavin, that the Plan Commission be requested to
hold a public hearing as soon as possible on a
change in the zoning classification of the remainder of the Mallin property presently
zoned B -1 Neighborhood Business District to the R -5 Single - family Residence District.
Motion carried unanimously.
d" Re: Sidewalks On Pine & A letter from the Village attorney stated that
Deerbrook by S/A - Salting Sts. it was his opinion that sidewalks on Pine Street
& Snow Removal from Walks could be constructed under special assessment pro -
ceedings, since the value of the property would
be increased by such construction, the existing carriage walks being unuseable
Q during part of the year, and hazardous to children due to proximity to the street.
However, he stated that if would be more difficult to establish benefitto the owner
for sidewalks constructed on County Line and Waukegan Roads at the Deerbrook Shopping
Center, and suggested that appraisers be consulted to determine what their testimony
would be regarding benefits to the owner.
Discussion was had on Public Works Director Klasinski's reporto oncesfimated
costs of salting all streets and snow removal from all sidewalks and carriage walks.
A first year cost of $119,871 was estimated for the complete program, including
purchase of equipment, salaries for additional employees and costs for material,
excluding snow removal from carriage walks. Snow removal from carriage walks after
each 6 inch snowfall would cost approximately $22,216 after an initial expenditure
of $6,000 for a snow blower. Several members stated it was their opinion that it
was not an appropriate Village function to salt all streets or clear all walks.
The manager stated that a snow blower and sidewalk plow would be included in the
budget for the coming year at a total cost of $11,000.
Mrs. Laura Lee Christoph, Evergreen Place, stated that homeowners are taxed
at the same rate and therefore services should be relatively equal. She stated the
cul -de -sac on which she lives had been in poor conditionhll winter and had never
been salted. With respect to sidewalks which are on Village property, she said
few homeowners shovel, their walks, but parents come to the Safety Council complaining
their children must walk in the street because walks are not cleared. She urged
the Village to take over the plowing of all sidewalks and carriage walks.
It was the consensus of the Board that the present policy of salting major
streets and intersections and snow removal from sidewalks near schools should be
continued. Mrs. Robert Mazur, Stratford Road, stated she approved this policy, but
questioned whether an excessive amount of salt was being used which damages or kills
grass on parkways.
Re: Lake - Cook - Waukegan Discussion was had on the plans for widening
Intersection Plans - Request Lake -Cook Road and the traffic signals, including
Pedestrian Lights & Walks left turnssignalization, at the Waukegan -Lake-
Cook intersection, to be constructed in 1970 by
the Cobk County Highway Department. Messrs. Wolfson and Katch and Mrs. Christoph,
residents of Briarwood Vista, urged the Board to install left turn signals as soon
as possible to improve the safety of this intersection where numerous accidents
have occurred. They also stressed the need for sidewalks. State Senator Karl
Berning stated that if the Board felt there was merit in the installation of left
turn signals now as a temporary measure to provide some relief, he would be willing
to take up the matter with the Highway Department. It was pointed out that additional
right -of -way must be acquired for a satisfactory left turn signal installation, and
costs would far outweigh benefits since the installation would be in use for only
a very short time before the upgrading of the road and traffic lights is started
by the Cook County Highway Department. Mr. Katch suggested that a policeman be
assigned to direct traffic at the intersection at times of peak traffic.
Rud
Mr. Albert Brust stated that left turn signals had been installed on
the Dundee - Waukegan Road traffic lights and suggested that this installation
be investigated since it appeardd to be working successfully. Trustee Slavin
suggested that the Warwick, Westgate and Hazel Avenue intersections with
Wauekgan Road be investigated with respect to the need for traffic signalization.
Mrs. Robert Mazur proposed that the study include the Greenwood - Waukegan Read
intersection also. The manager pointed out that the new traffic light installa-
tion at Hazel Avenue would improve traffic conditions at Westgate Road as well
as the Hazel Avenue intersection.
The need for pedestrian signals at Lake -Cook and Waukegan Road and
sidewalks was discussed. Trustee Turner moved, secon ded by Trustee Kelm, that
the manager be directed to request the Cook County Highway Department to install
pedestrian signals and to construct sidewalks on Lake -Cook Road from Wilmot Road
to the East Village limits.
Motion carried unanimously.
The meeting was recessed at 10:00 p.m., and re- convened.'atL10:15 p.m.,
all members present.
Re: Hovland Storm Sewer Mr.Albert Moen, 200 Fairview, objected to the
& Streets use of the Laurel Avenue storm sewer for storm
water from the We -Go Park area. He stated
the sewer had been installed by special assessments, and We -Go Park properties
had not been assessed for the improvement. The manager stated that We -Go Park
improvements had been installed by the developer to conform with facilities
existing at that time, and drainage to the Laurel Avenue sewer was required by
flooding problems. Mr. Moen asked that the Diamond Electric trailer parked on
the lot adjacent to his lot be checked since it detracts from the appearance of
the neighborhood.
Mr. Otto Schtidt, Kenmore Avenue, asked that the street be restored to
its original condition. It has been impassable and hazardous ever since the
Kennedy Construction Company installed sewer and water mains. He will try to
get his neighbors to petition for street improvements by special assessments.
The manager was directed to investigate conditions and report at the next meeting.
Ordinance - Zoning Map Amend. Trustee Bootz moved, seconded by Trustee Kelm,
SW Corner Central & Waukegan that the ordinance be adopted amending the
to B -2 Central Business Dist. Zoning Map of the Village to rezone Lot 1,
(0 -70 -9) Block 5, Hall and Osterman's Addition to
Deerfield and part of Lot 19, Owner's First
Addition to Deerfield, located at the southwest corner of Central Avenue and
Waukegan Road from the R -6 Two - family district to the B -2 Central Business Dis-
trict classification, subject to execution and receipt of a covenant restricting
the use of the property to one building with accessory buildings,and providing
that no resubdivision shall be made.
A lengthy discussion ensued on the proper zoning classification for the
property the proposed B -3 Planned Unit Development classification, and the fact
that the owner, Dr. William Burns, had submitted no plans for development of
the property. Trustee Avery moved that the ordinance be changed to rezone the
subject property to the 0 & R Office and Research classification. The motion
failed for lack of a second.
Upon roll call the following vote was recorded:
Ayes: Bootz, Kelm, Slavin (3)
Nays: Avery, Turner (2)
Pass: Schleicher (1)
The pass vote being counted with the majority, the ordinance was declared
passed, and the President signed the ordinance indicating his approval thereof.
Ordinance -Sign Variation Trustee Kelm moved, seconded by Trustee Bootz,
Red Balloon that the ordinance be adopted granting a
(0- 70 -10) variation from the provisions of the zoning
ordinance with respect to the property located
at Waukegan and Lake -Cook Roads (Red Balloon Restaurant) to pezmit the erection
of one free - standing illuminated d6ghle -faced sign not exceeding 75 feet in area
nor 27 feet in height to be located not less than l0 feet from the property line
adjoining the Waukegan Road or Lake -Cook Road right -of -way. Adopted by the
following vote:
�J
Ayes: Bootz, Kelm, Schleicher, Slavin (4)
Nays: Avery. Turner (2)
The President signed the ordinance indicating his approval thereof.
1st Presentation - Ordinance- The first presentation was made of an ordinance
Stop Sign- Carriage Way at amending Section 20.203(b) of the Municipal Code
Millstone Road by adding to the list of designated stop streets
Carriage Way at Millstone Road (from a southerly
direction). The ordinance has been posted on the bulletin board.
Accept Offer -Free Disposal ;_for A letter was received from the Metropolitan Dis-
Spring clean -up Refuse posal Company, Inc. offering free disposal privi-
leges for refuse and trash picked up in the annual
spring cleanup. Trustee Bootz moved, seconded by Trustee TUthdR, that the offer
be accepted.
Motion carried unanimously.
Motion carried unanimously.
Complaint -Sara Lee Noise President Forrest reported that he had received a
& Fumes letter from Mr. George Blakey, 635 Central Avenue,
complaining of a nuisance from the operations of
the Kitchens of Sara Lee plant, particularly the noise and fumes from diesel trucks
which load at the north end of the Sara Lee property adjacent to Mr. Blakey's house,
often until late at might. The manager reported that Mr. Blakey's many letters
regarding the problem had been taken up with Sara Lee and the company has attempted
to cooperate, but truck operations are a part of the business and cannot be dis-
continued. He stated the Village has no ordinance to prohibit this operation of
trucks. Mr. Stucko stated that the only basis for prosecution would be as a
nuisance, which would be quite difficult to prove. He suggested that Mr. Blakey
file a complaint.
. Discussion was had on what the Village could 'do to alleviate the problem.
President Forrest asked that Mr. Blakey be informed that the matter would be
kept on the agenda, and that Sara Lee be notified of the complaint.
Authorize Atty. Defend A suit having been filed by Elmhurst - Chicago Stone
Suit - Elmhurst Chicago Stone Company vs. George W. Kennedy Construction Company
vs. Kennedy & Village and the Village of Deerfield in connection with
Special Assessment No. 107, Hovland sewer and
water .improvements, Trustee Slavin moved, seconded -,by .Trus.tee -Schleicher, that
the V11lage Aftofrieji Be AufH6k1Y d :fa APPEAR Arid dbfi id fh &Sa&fT6n- ;oiL.behalf of the
Village. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Release Shepard Drainage & Trustee Bootz moved, seconded by Trustee Schleicher,
Sidewalks Escrow that the Board authorize the release of $310 held
as a driveway deposit and $1,952 held in escrow for
completion of public walks and storm drainage facilities to the developer of the
Shepard'property at the west end of Osterman Avenue, as recommended by the building
commissioner. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Resolution- Consent to Vacation A letter from the Village attorney stated that
Park View Subdivision the resolution adopted.by the Board on October 6,
(R -70 -4) 1969 pertaining to the vacation of Park View
Subdivision did not meet the requirement for
Atty. Consult Appraisers
In connection with
the Safety Council's recommend -
Re: Deerbrook Sidewalks
tion that sidewalks
be constructed on the Waukegan
and Lake -Cook Road
perimeter of the Deerbrook
Shopping Center, alletter
from the Village attorney advised
that there are no case
decisions on special assessment
for similar sidewalk
installation, and it was his
�}+
opinion that it would be substantially
more difficult
to establish benefits. He
suggested that appraisers
be 'consulted to see what their
testimony on benefits would
be. Trustee Slavin moved,
seconded by Trustee Bootz,
that the Village attorney be
authorized to consult with.appraisers
on this matter.
Motion carried unanimously.
Complaint -Sara Lee Noise President Forrest reported that he had received a
& Fumes letter from Mr. George Blakey, 635 Central Avenue,
complaining of a nuisance from the operations of
the Kitchens of Sara Lee plant, particularly the noise and fumes from diesel trucks
which load at the north end of the Sara Lee property adjacent to Mr. Blakey's house,
often until late at might. The manager reported that Mr. Blakey's many letters
regarding the problem had been taken up with Sara Lee and the company has attempted
to cooperate, but truck operations are a part of the business and cannot be dis-
continued. He stated the Village has no ordinance to prohibit this operation of
trucks. Mr. Stucko stated that the only basis for prosecution would be as a
nuisance, which would be quite difficult to prove. He suggested that Mr. Blakey
file a complaint.
. Discussion was had on what the Village could 'do to alleviate the problem.
President Forrest asked that Mr. Blakey be informed that the matter would be
kept on the agenda, and that Sara Lee be notified of the complaint.
Authorize Atty. Defend A suit having been filed by Elmhurst - Chicago Stone
Suit - Elmhurst Chicago Stone Company vs. George W. Kennedy Construction Company
vs. Kennedy & Village and the Village of Deerfield in connection with
Special Assessment No. 107, Hovland sewer and
water .improvements, Trustee Slavin moved, seconded -,by .Trus.tee -Schleicher, that
the V11lage Aftofrieji Be AufH6k1Y d :fa APPEAR Arid dbfi id fh &Sa&fT6n- ;oiL.behalf of the
Village. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Release Shepard Drainage & Trustee Bootz moved, seconded by Trustee Schleicher,
Sidewalks Escrow that the Board authorize the release of $310 held
as a driveway deposit and $1,952 held in escrow for
completion of public walks and storm drainage facilities to the developer of the
Shepard'property at the west end of Osterman Avenue, as recommended by the building
commissioner. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Resolution- Consent to Vacation A letter from the Village attorney stated that
Park View Subdivision the resolution adopted.by the Board on October 6,
(R -70 -4) 1969 pertaining to the vacation of Park View
Subdivision did not meet the requirement for
passage by a three - fourths vote of the Trustees, and therefore a resolution
should be adopted consenting to the vacation in accordance with statutory
requirements. Trustee Slavin moved, seconded by Trustee Schleicher, that the
resolution be adopted consenting to the vacation of Park View Subdivision, as
requested by the Board of Park Commissioners. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Appoint Police Matrons A memorandum from the Chief of Police stated
L. Kemp & G. De Bartolo that Police Matrons must be appointed annually
in accordance with State statutes. Trustee
Bootz moved, seconded by Trustee Schleicher, that Lois Kemp and Gloria De Bartolo
be appointed Police Matrons.
Motion.carried unanimously.
Refer Use of RR Property In connection with the question of the building
for Storage to Atty. commissioner regarding the use of railroad
property for storage purposes, Trustee Slavin
moved, seconded by Trustee Turner, that the matter be referred to the Village
attorney for his opinion. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Approve Payment $19,900-to Trustee Schleicher moved, seconded by Trustee
Aldridge Electfic 28 -TL -CS Kelm, that payment of $19.900.00 be approved
Traffic Lights to Aldridge Electfic for work completed on
traffic light installations, 28 -TL -CS from
Motor Fuel Tax funds, as recommended by Baxter & Woodman. Adopted by the
following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Approve Payment $602.34 to Trustee Kelm moved, seconded by Trustee
B & W, 28 -TL -CS Schleicher, that payment of $602.34 from
Motor Fuel Tax funds be approved to Baxter
& Woodman for engineering services in connection with traffic light installa-
tions, Section 28- TL -CS. Adopted by the follwoing vote:
Ayes: Avery, Boot ;, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Reports - Communications A letter from the Village attorney reported
thht exemption certificates had been filed
with the State Department of Revenue for property owned by the Village.
A letter from the Library Board stated the architect for the new library
building was attempting to develop a design that would be compatible with other
public buildings.
President Forrest stated that he would postpone the appointment of a
Codification Committee due to Con Con. He-stated the budget had been completed
and referred to the Finance Committee consisting of Trustees Schleicher, Slavin
and Bootz.
President Forrest appointed Trustees Turner and Kelm to a committee to
recommend appointments to fill vacancies on the various Boards and Commissions,
Trustee Turner to serve as Chairman.
The President stated a meeting of the Lake County Municipal League will
be held in Barrington on March 12, 1970 at 8:00 p.m. Trustee Turner will
attend if possible. .'
Trustee Schleicher moved, seconded by Trustee Bootz, that the question
of installation of traffic lights at Wilmot and Deerfield Roads be referred to
the Safety Council, and at Trustee Slavin's suggestion, traffic signals on
north Waukegan Road were included.
Motion carried unanimously.
Accept Trustee Avery President Forrest stated he had received a
Resignation letter from Trustee Avery, submitting his
resignation from the Board, occasioned by
his moving from the Village to Wheaton. The President express @d"appreciation