07/06/1970 (2)July 6, 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, July 6, 1970 at 8:12 p.m. The clerk called the roll and
reported that the following were
Present: Bernard Forrest, President
Charles R. Bootz
George Kelm
George P. Schleicher
M. Jay Turner, Jr.
Absent: Stephen M. Slavin
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 Turner, that the minutes of
the regular meeting held June 15, 1970 be approved as submitted. Motion carried
unanimously.
BZA Report - Deerfield. State A report from the Board of Zoning Appeals
Bank Parking Variation recommended denial of the petition of Deer -
Deny Variation field State Bank for a variation from the
parking requirements of the Zoning Ordinance.
A review of the plans by the Plan Commission was recommended.
Plan Commission member Andrew Ebert stated he had attended the hearing, but
could offer no specific plans to improve traffic flow except removal of the fence
between the Bank and National Tea parking lots. If the Plan Commission approves,
he proposed the matter be referred to the Planning Consultant for a study of parking
and traffic flows in the northeast quadrant.
Trustee Bootz moved, seconded by Trustee K61m, that the recommendation of
the Board of Zoning Appeals be accepted and the petition of Deerfield State Bank
be denied.
Motion carried unanimously.
Report - Maplewood Sewers The manager reported that work had been started
at Maplewood School to correct sewer connections
to eliminate. storm water from the sanitary sewer. Sewers have been smoke tested
and locations where separations must be made have been determined. President Forrest:
asked that the matter be kept on the agenda for reports on the progress of the work.
North Ave. Widening The manager reported he had received no reply
Approve Est.of Cost from the Trinity United Church of Christ re-
By Baxter & Woodman garding the widening of North Avenue by the
installation of the north half of the street
pavement. Receipt was acknowledged of letters from two neighbors who opposed the
widening. President Forrest stated the improvement of North Avenue had been shown
on the 1953 Master Plan, and recommended the pavement be installed by special assess-
ments.
Trustee Turner moved, seconded by Trustee Bootz, that Baxter and Woodman
be directed to prepare the estimate of cost of the & mprovement. Adopted by the
following vote:
Ayes: Bootz, Kelm, Schleicher, Turner (4)
Nays: None (0)
The manager was directed to notify the owners of property involved of the
Board's intention to construct the improvement by special assessments.
Ordinance -Mu ,u Lode Amend. Trustee Kelm moved, seconded by Trustee Bootz,
No Parking Waukegan Rd. that the ordinance be adopted amending Section
(0- 70 -25) 20.501 of the Municipal Code to prohibit
parking at any time on Waukegan Road, on both
sides, from Central Avenue to Lake -Cook (County Line) Road. Adopted by the following
vote:
Ayes: Bootz, Kelm, Schleicher, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
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Youth Council Appointments President Forrest proposed the appointment of the
following to the Youth Council: Rev. Philip
Desenis, Allen Binder, Mrs. John Auwaerter, William E. O'Donnell, Jerry O'Leary, and
John DeFrancesco.
Trustee Bootz moved, seconded by Trustee Schleicher, that the appointments be
approved.
Motion carried unanimously.
Appropriation Ordinance Trustee Bootz moved, seconded by Trustee Schleicher,
(0- 70 -26) that the Appropriation Ordinance be adopted for the
year May 1, 1970 - April 30, 1971. Adopted by the
following vote:
Ayes: Bootz, Kelm, Schleicher, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Trustee Kelm moved, seconded by Trustee Turner, that the Appropriation Ordinance
be published in the Deerfield Review. Adopted by the following vote:
to Ayes: Bootz, Kelm,
Nays: None (0)
Ordinance - Zoning Am
►� Sec. XIII -E Planned
Center
(0- 70 -27)
Schleicher, Turner (4)
E!ndment The ordinance was presented amending the Zoning
Shopping Ordinance by adding a new Subsection E - Planned
Shopping Center to Section XIII - Neighborhood
Business District.
Mr. Berle Schwartz, attorney representing the Glenbrook Property Owners' Associa-
tion, filed with the Village Clerk a petition protesting the rezoning of the recently
annexed Valenti property for the addition to the Deerbrook Shopping Center; the petition
was signed by owners of 20 per cent of the frortage opposite the Valenti property,
pursuant to the provisions of Chapter 24, Section 11- 13 -14, Illinois Revised Statutes
1969. Mr ;- Schwartz- .asked.,for-,a_ delay of -.two_ . weeks ,to,;pgrmit..him..to . become_ more..familiar
with all matters pertaining to the proposed zoning amendments and to make an effective
presentation of his clients' objections.
Mr. Stephen Malato, attorney for Mr. Valenti, stated that he could not consent to
a delay and asked the Board to act on the ordinances. He pointed out that the public
hearing on the Annexation Agreement and zoning amendments had been held on February 19,
1970, and many additional hours of meetings with full discussion of all aspects of
the proposed annexation, zoning and development, all of which were attended by representa-
tives of the Glenbrook Association, who had been apprised of their rights by the Village
attorney. Trustee Kelm stated the matter had been on the agenda for months and he
could see no reason for a last minute delay.
Trustee Bootz moved, seconded by Trustee Kelm, that the ordinance be adopted as
presnted..
Mr. Schwartz again asked for a two week delay. He stated that he had been
informed that the published notice of hearing did not list all provisions encompassed
in the annexation agreement and zoning amendments, and therefore he questioned the
propriety of enacting ordinances containing provisions not included in the notice of
hearing. He pointed out no hearing had been held on a Planned Shopping Center Amendment.
Mrs. Lucile Loarie, editor of the Scoop Newsletter, confirmed Mr. Schwartz's statement.
The Village attorney stated the notice of hearing and hearings complied with
statutory requirements, and it was proper to consider the adoption of the ordinance at
this time. The meeting was recessed at 8:55 p.m. and reconvened at 9:05 p.m.
Upon roll call, the ordinance was adopted by the following vote:
Ayes: Bootz, Kelm, Schleicher, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance- Zoning Map Amend. B -1 The ordinance was presented amending the Zoning
& Exceptions - Deerbrook Add. Map by classifying the property commonly known as
(0- 70 -28) First Addition to Deerbrook in the B -1 Neighbor-
hood Business District, and authorizing exceptions
and variations as set.-forth in the Annexatinn Agreement dated May 16, 1970.
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Mr. Schwartz asked the Board to reconsider his request for a two week
extension. In connection with the Village attorney's statement that it appeared
that his clients' protest was inadequate because it was not acknowledged, he
said there was no statutory requirement for acknowledgement. He stated the ordin-
ance amending the zoning map and authorizing variation or exceptions dealt with
matters not included in the notice of hearing, and further questioned the author-
ity of the Board of.Trustees to hold a hearing on variations, a Board of Zoning
Appeals having been established for that purpose.
Trustee Bootz.stated a two week extension would only bring a repetition of
objections, and moved the adoption of the ordinance. Seconded by Trustee Schleicher
and adopted by the following vote:
Ayes: Boot, Kelm, Schleicher, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance -Side Yard Variation The ordinance was presented granting a variaT..
193 Ramsay Rd. (Franke) tion from the provisions of the Zoning Ordin-
(0- 70 -29) ance to permit the construction of a garage
within 7 feet 6 inches of the East property
line at 193 Ramsay Road, as requested by Paul W. and Barbara Franke. A letter
from Mr. Franke requested action on the ordinance at its first presentation.
Trustee Kelm moved, seconded by Trustee Bootz, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unan-
imously.
Trustee Kelm then moved that the.ordinance be adopted. Seconded by Trustee
Schleicher, and adopted by the following vote:
Ayes: Bootz, Kelm, Schleicher, Turner (4)
Nays: None (0)
The President signed the ordinance indicating his approval..thereof.
Scavenger Bids Referred to Bids on scavenger service were opened and
Committee of Whole read as follows:
Deerfield Disposal (Van Der Molen): 3 Year Contract: Twice per week collection,
unlimited amounts, $5.75 per month; Once per week collection, limited
amounts, $3.90 per month.
5 Year Contract: Twice per week collection, unlimited amounts, $5.52 per
month; Once per week collection, limited. amounts, $3.68 per month.
Annual General Clean -up, 3 and 5 year contracts: $10,800 per year.
Exclusive License, 3 and 5 year contract, without clean -up, same as abpve.
Rates with clean -up, 3 year contract: Twice per week collection, $5.95 per
ihonth; Once -per week collection, $4.10 per month. Rates with cleanyug,5
year contract: Twice per week collection, $5.72 per month; Once per week
collection, $3.88 per month.
An accompanying letter stated no bid was submitted on a one year contract,
rates will be adjusted in accordance with Cook County wage scales, the Village is
to bill for scavenger service, and service to commercial and industrial establish-
ments to be provided by private contracts individually negotiated.
A. H. Gastfield Service: No bid on.one or three year contracts: 5 Year Contract:
Twice per week collection, unlimited amounts, $5.75 per month; Onee per
week collection, limited amounts, $3.85 per month.
No bid on clean -up. .Commercial and industrial service by private contract.
Village to bill.
Trustee Schleicher moved, seconded by Trustee Bootz, that the bids be referred to
the Committee of the Whole, to be considered at a workshmp meeting.
Motion carried unanimously.
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Accept Dedication -17 Ft. Trustee Bootz moved, seconded by Trustee Schleicher,
Waukegan Rd. Right -of -way that the Pl$t 6f Dedication of a 17 foot strip of
land adjacent to the Addition of Deerbrook Shopping
Center for-Waukegan Road right -of -way be approved and accepted.
Motion carried unanimously.
Approve Purchase Copier $1272.50 The manager reported that the present copier is
not satisfactory, and recommended the purchase of
an A. B. Dick copier at a cost of-$1,272.50. Although a new copier was not included in
the Budget, he suggested payment of $310 from the General Office EQuipment fund, and
$481.25 each from the microfilming funds of the Finance. and Building Departments. He
stated the present copier would be satisfactory for use by the Police Department.
Trustee Schleicher moved, seconded by Trustee Bootz, that the purchase of an
A. B. Dick copier be approved at a cost of $1,272.50. Adopted by the following vote:
Ayes: Bootz, Kelm, Schleicher, Turner .(4)
Nays: None (0)
Re: Survey, Ill. Inspect. Bureau
Meet with Fire District
be requested to make a survey on a
certain of a change from Class 6-to
would be given. There would be no
no reason for a survey at.this time
to homeowners.
The mananger stated taht substantial improvements
had been made by the Village and Fire District,
and proposed that the Illinois Inspection Bureau
fire rating for the Village. He stated he was
Class 5, and it was possible that a Class 4 rating
charge for a survey. Trustee Kelm stated he saw
if a Class 5 rating would not result in a saving
Mr. Jan de Jong of the Board of Trustees of the Deerfield- Bannockburn Fire
Protection District asked that the request for a survey be deferred since the regularly
scheduled survey will be made next year and contemplated improvements will insure a
better rating. He suggested a meeting of the two Boards to discuss matters of mutual
interest. Trustee Schleicher expressed agreement with Mr. De Jong's suggestion and
asked the manager to arrange a meeting at a mutually convenient time.
Ordinance -Mun. Code Amend.
Sec. 15.009 No. of Liquor
Licenses
(0- 70 -30)
and no more than one Class D license.
The ordinance was presented amending Section 15.009
of the Municipal Code to establish the number of
.liquor licenses to be in effect at one time as
no more than one Class A license; no more than two
Class B licenses; no more than one Class C license,
Trustee Schleicher moved,.seconded by Trustee Bootz, 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
Schleicher, and adopted.by the following vote:
Ayes: Bootz, Kelm, Schleicher, Turner (4)
Nays None (0)
The President signed the ordinance indicating his approval thereof.
Accept Bid Clavey Nurseries Bids on parkway trees were received from F. D.
Parkway Trees Clavey Ravinia Nurseries, Charles Fiore Nurseries
and Schroeder Nurseries. The manager stated that
F. D. Clavey Ravinia Nurseries was-the low bidder. Trustee Bootz moved, seconded by
Trustee Turner, that the low bid.of F. D. Clavey Ravinia Nurseries be accepted.
Adopted by the following vote:
Ayes: Boot, Kelm, Schleicher, Turner (4)
Nays: None (0)
Mr.. James Clavey, Westgate Road, urged the Board to,select.low- growing Species
for plaintingoon,pakkways to avoid interference with power lines...
Discussion- Proposed Kennedy Discuss -on was had on a proposed plan-for settle -
Const. Co..Escrow went of the debts of the George W. Kennedy Con-
struction Company by the establishment of an
escrow accout in which the proceeds of a $350,000 Small Business Administration loan
would be deposited as well as other funds owed to the company including payment owed
by the Village for work completed on Hovland sewer and water improvements, Special
Assessment No. 107. Funds in the escrow account would be used to pay debts owed by
the company, complete existing projects.and provide working capital. The Village
attorney explained that it would be to the Village's advantage to approve the plan
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since the filing of.a one year maintenance bond for.Hovland improvements would
be a condition of settlement. The..company furnishing the.original bond is de-
funct, and there is now no provision for correction of any defects. .
Trustee Bootz moved, seconded by Trustee Kelm, that the Village attorney
be ihstructed to work out a contract as discussed for consideration at the next
meeting. Motion carried unanimously.
Air Pollution Ordinance Jack Leslie, speaking for Y..S.S.()5outh for
Proposed by Y.E.S. Environmental Salvation) presented Ringel-
mann Smoke Charts -to the Board and an ordi-
nance on air pollution which is more stringent than the Village's present ordinance.
He asked the Board to consider the adoption of the proposed ordinance, and pointed
out that the new Air Pollution Act authorizes enforcement by local Police Depart-
ments rather than complaints by an individual. He stated Y.E.S. has notified
the Milwaukee Railroad of violations of'air pollution standards by smoke emission
from trans, giving dates, times and train numbers, but they had received only
excuses, and no corrective action has been taken.
President Forrest directed the manager to write to the Milwaukee Railroad
regarding smoke emission, and referred the proposed ordinance to the Village
attorney for his comments.
Approve-Vehicular Gate A letter from the High School Board of Educa-
High School Drive tion asked the Board to reconsider its decision
to install a fence with only a pedestrian gate
across the end of High School Drive, and to. all
a vehicular gate for emergency
use also, as originally requested. The vehicular gate.would be kept locked at all
times and keys provided to the police and fire chiefs and other officials for use
in emergencies. The manager reported both the Police.and Fire Department would
like a vehicular gate also.
Mr. Richard Dickerson, Summit Drive, stated he and his neighbors were opposdd
to the installation of the gate and doubted that it would be kept locked. He
stated he had attended High School Board meetings, and it was his understanding
that the gate would be kept locked during school hours, but would be unlocked the
rest of the time. It was his opinion the gate was unnecessary and the first step
in opening High.School Drive to.school.buses and other traffic which would be
undesirable.in a residential neighbmrhood. He felt police and fire department
vehicles could crash the fence in emergencies
Trustee Bootz moved, seconded by Trustee Kelm, that a vehicular gate be
installed in the fence across High School Drive, to be kept locked at all times
other than emergencies. Adopted by the following vote:
Ayes: Bootz, Kelm, Schleicher (3)
Nays: Turner (1)
Discussion - Curfew Repeal A letter from the High School Student Council
No Action by Board Executive Committee requested repeal of the
Village's curfew ordinance. The Village
attorney stated the Village's ordinance is identical with the State statute and
nothing would be accomplished by repeal.since the State law would still be in effect.
Steve Jacobson, Highland Park, stated they were aware of the State law but felt
repeal of the Village ordinance would be a first step toward repeal of the curfew
law by the legislature. He felt the ordinance could be enforced in Deerfield as
it is in Highland Park where young people are stopped and questioned by the police
and are permitted to go home without arrest.. He stated those.who are doing wrong
can be charged by the police with violation of other ordinances and the Curfew
ordinance was unreasonable since there was no differentiation between wrongdoers
and those who happened to be out after curfew. Several students urged repeal of
the Village's ordinance. Police Lieutenant Thomas Rogge was present but had no
comment.
Trustee Schleicher stated he was happy to see the students present to
observe the problems the Board faces. He pointed out that most laws are passed
because of the actions of a few.people and widespread vandalism and similar problems
made it necessary to authorize police powers to stop and.question individuals to
ascertain whether there was some good reason for being out after curfew. No action
wastliakengo.nsthe request to repeal the curfew ordinance. The clerk will sent copies
of the ordinance to Steve Jacobson who has been unable to obtain a copy from the
Police Department and is working during the hours the Village Hall is open.
1st Presentation - Ordinance The first presentation was made of an ordinance
Sinclair Variation - 745 Waukegan granting variations from the provisions of the
Zoning Ordinance with. respect to the Sinclair
Service Station and Garage at 745 Waukegan Road. The ordinance has been posted on
the bulletin board in the lobby.
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Termination of Lease Notice of termination of the lease on the parking
Parking Lot 733 Waukegan lot at 733 Waukegan Road was received from the
First National Bank. The manager reported that,
in accordance with the terms of the lease agreement, the bank will pay $1,645.20 to
the Village.
Oil for North Ave. The manager reported that for many years Deerfield
and Bannockburn had discussed the improvement of
North Avenue. This year it has been proposed that 2 inches of hot mix be installed
by Peter Baker and Son at a cost of .$6,750.00 to be shared equally by Deerfield and
Bannockburn. Trustees Schleicher and Turner they were opposed to the use of public
funds to improve a street, Trustee Schleicher suggesting a special assessment for the
improvement. It was pointed out.that all Deerfield property on North.Avenue was side
lot lines which would mean a substantial part of the cost would be paid from Public
Benefit funds. The manager stated that as a boundary street, Motor Fuel Tax funds
would be used for the improvement.,. but it was doubtful whether Bannockburn would be able
to accumulate sufficient funds for the purpose. It was the consensus of the Board
that North AVenue be given an oil treatment as in past years to keep down the dust.
Reports - Communications A letter was received from the attorneys for the
Sackheim property requesting action on the
petition for rezoning the property to the B -1 classification. The letter was referred
to the Plan Commission.
A letter from the Department of Public Works and Buildings advised that the
permit for.the sanitary dewer at the West Drainage Ditch does not expire until
December.31, 1970.
A'letter from Mr. Don Manhard requested payment of $300 for engineering services
in connection with the Lake Eleanor bridge. Decision was made that no payments should
be made from escrow funds without Mr. Waytula's consent.
The Board approved the expenditure of $155 for an aerial photo of the Village
to be delivered in September.
P.C. Resignation The President reported he had received a letter
Web Leslie from Mr. Web Leslie submitting his resignation from
the Plan Commission.
A copy of a letter sent by the JCs to the Deerfield Review complained that
little Deerfield news was published. Trustee Kelm stated he concurred and he had
heard many comments from,residents. who expressed the same opinion.
The Board approved the manager's attendance at a Legislative Policy Committee
meeting in Springfield on July 17, 1970.
There being no further business, on motion by Trustee Bootz, seconded by
Trustee Turner, the meeting was adjourned at 10:50 p.m.
ATTEST:
Village Clerk
Y'
APPROVED:
I Presi ent
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