06/16/1969 (2)421
June 16, 1969
The regular meeting of the Board of Trustees of the Village of Deerfield was
called to order in the Council Chambers of the Village Hall on Monday, June 16, 1969
at 8:05 p.m. The clerk called the roll and reported that the following were
Present: Jayman A. Avery, Jr.
Charles R. Bootz
George Kelm
George P. Schleicher
Stephen M. Slavin
Absent: Bernard Forrest, President
M. Jay Turner, 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.
Moved by Trustee Bootz, seconded by Trustee Schleicher, that Trustee Slavin
be appointed President pro tem. Motion carried unanimously.
b Minutes of the regular meeting held June 2, 1969 were approved as submitted.
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Approve Warrant No. W -69 -6 Trustee Schleicher moved, seconded by Trustee Bootz,
�a 'J that Warrant No. W -69 -6 - Payment of bills, including
a fund transfers and reimbursements, be approved. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
Re: Osterman Drainage Problem Discussion was had on the rear yard drainage
Retain $1000 Escrow for Drainage—problem on the north side of Osterman Avenue which
Mr. Salmer Olson, 1122 Osterman, states has been
caused by the construction of three houses to the west and the roadway extending
northerly along the drainage ditch, which provides access to the apartments. Mr. Olson
and his neighbors contend that this construction has blocked the natural drainage of the
area, resulting in stagnant ponding of Storm water, loss of trees, mosquitoes, and
unpleasant odors.
Mr. Shepard, who owns the three houses and the apartment site, presented a 1959
plat of survey of the subject properties showing elevations which indicate a lower area
where ponding now occurs. He stated that ponding now occurs in this low area as a result
of filling in a ditch that had been dug across his property by trespassers. This state-
ment was confirmed by the builder of the three houses, whocstated that elevations had
not been changed. Mr. Shepard asked for the return of the $1,000 held in escrow by the
Village pending resolution of the drainage problem, as required by the building commis-
sioner.
Mr. Shepard's statements were denied by the residents, who stated the problem
began when the road to the apartments was constructed, and was aggravatdd�by the con-
struction of the three houses. It was pointed out that the elevations Shown on the
1959 topographical survey were those that existed prior to the construction of the road.
In answer to Trustees' questions the building commissioner stated it was his opinion
that the road and houses were the cause of the ponding. To resolve the drainage problem
he suggested a drainage swale along the south line of Out Lot A to a point on the north
line of Lot 2, the water then piped under the road into the drainage ditch, or a storm
drain between Lot 4 and Mr. Olson's property.soutk7ard, then piped under Osterman Avenue
and tied into the storm sewer on the south side of the street. The first solution would
cost less than $1,000 and could be done by any contractor proposed by 1#. Shepard.
Mr. Shepard stated he would assume some element of liability and Mould be willing
to pay part of the cost, but it was not entirely his responsibility since the problem
was inherent in the terrain, and was only emphasized by building the houses.
Trustee Avery moved, seconded by Trustee Bootz, that the $1,000 escrow be retained
by the Village until the drainage of the area has been corrected by lr. Shepard. Adopted
by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: None (0)
Reports- Cert., Grading Survey A report from the building commissioner recommended
& Storm Drainage Amendments that a builder be required to submit to the building
commission two copies of a certified grading survey
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giving the actual grades, and further certifying that the grades are in accord -
ance with the approved plans filed with the Village; one copy of the certified
grading survey-'.to be attached to the Certificate of Occupancy when issued to the
owner. The building commissioner stated that he felt that his proposed amendments
to the Municipal Code to require a certification of grades and his recommendation
with respect to storm sewers would solve problems of storm drainage and eliminate
conditions of ponding such as those experienced in the North Trail Subdivision.
Trustee Avery moved, seconded by Trustee Schleicher, -thatdthe Board deviate
from the published agenda in order to take up the building commissioner's recom-
mendation regarding proposed storm sewer amendments. Motion carried unanimously.
The report of the building commissioner was read in which he recommended
that the Municipal Code be amended to permit the connection of downspouts and sump
pumps to the storm sewer; to require, in all new subdivisions, a storm sewer service
for each platted lot; and, in addition, rear yard basins shall be provided at
intervals of not more than 300 feet.
Several residents of Shannon Road in Colony Point Subdivision questioned
whether downspout and sump pump connections should be permitted to add mores water
to a drainage ditch that presently overflows during periods of rainfall. They stated
their rear yards adjacent to the drainage ditch had been flooded for four days after
a recent rain storm. They urged that the ditch be cleared of debris which impedes the
flow of storm water, especially near the foot bridge where the Park District employees
and workment in King's Cove Subdivision have dumped large quantities of waste material.
The manager was directed to write to the Park District and the developer of King's
Cove, asking their cooperation in keeping the ditch clear and to stop any further
dumping.
Discussion was had on ditch maintenance which, it was pointed out is the
responsibility of the several Drainage Commissions. THe Village attorney reported
that he is working with the Drainage Commission to take over the southerly portion
of the East Drainage Ditch, where the Commission is defunct. He will keep the Board
informed on progress.
Trustee Kelm moved, seconded by Trustee Schleicher, that amendments to the
Municipal Code be prepared with respect to certification of grades and storm sewers,
as recommended by the building commissioner.
Motion carried.-unanimously.
Re: School Delinquentr.S /W', The Village attorney reported he had received
the description of school properties against
which ;-"special assessments are owedrttoo late to check when the properties were ac-
quired by the School Districts, but would have a report for the next meeting. He
stated that the Statutes do not give authority to a municipality to write -off or
settle delinquent special assessments, but neither is such action prohibited.
1st Presentation - Ordinance The first presentation was made of an ordinance
Amend. License Insect Sprayers amending Article V, Chapter 18 of the Municipal
Code to require applicants for Village licenses
for the commercial application of insecticide to be licensed by the State. The
ordinance was read in full.
Authorize Execution Deerbrook Trustee Schleicher moved, seconded by Trustee
Fire Lane Agreement Kelm, that the President and clerk be authorized
to execute the Agreement with the Northwest
National Bank of Chicago regarding the etablishme,ancz4intenance of fire lanes
in the Deerbrook,Shopping Center in locations designated on the plat attached thereto.
Adopted by the following vote:
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Ayes: Avery, Bootz, Kelm, Schleicher, Slavin (5)
Nays: Nome (0)
The meeting was,recessed at 9:25 p.m., and reconvened at 9:35 p.m.
Re: Air Conditioner Repairs The manager reported he had received proposals
for the repair of air conditioners as follows:
Northern Weathermakers: large unit - $3,400. Small unit - $836.
North Town Refrigeration: large unit - $3,900. Small unit --$300 plus labor and
materials, estimated at $517.60 to $952.80, complete installation.
The manager stated that $3,750 had been budgeted for the Village Hall, and
proposed that only the large unit be repaired at this time, and repairs to the small
be deferred. Trustee Bootz sug
other than Carrier could repair
contracts were also mentioned.
1st Presentation - Ordinance
Hamilton Lane
was read in full.
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vested that the manager investigate whether some company
the units at a lesser cost. Insurance and service
The manager will check these suggestions.
The first presentation was made of an ordinance
naming the unnamed dedicated street in the Heaney -
Galente Subdivision "Hamilton Lane." The ordinance
Re: Proposed CATV Ordinance A proposed ordinance granting a CATV franchise was
presented. Trustee Schleicher left the meeting at
9:50 p.m. The ordinance was prepared by the North Shore Committee, the manager stated,
but no franchises have been granted at this time. Two applications for franchises have
been filed, After a brief discussion, decision was made to defer further discussion
for one month to give Board members an opportunity to become familiar with material on
CATV.
Thustee Schleicher re- entered the meeting at 9:55 p.m. and was present thereafter.
BZA Report Silverstein Variatinn The manager summarized the report of the Board of
Rear Yard -885 Mountain Drive Zoning Appeals on the petition of Mr. Milton
Silverstein, 885 Mountain Drive, for a variation
® to permit the construction of a roof and screened windows on an existing patio extending
10 feet 7 -1/4 inches into the required 50 foot rear yard. Two members of the Board
of Zoning Appeals had voted to recommend approval of the variation, and two members had
U voted to decommend denial. Trustee Kelm congratulated the Board of Zoning Appeals on its
U excellent and complete report.
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Mr. and Mrs. Silverstein stated they had requested a variation on the basis of
hardship as a result of Mrs. Silverstein's allergy to the sun. He stated that Mrs.
Silverstein cannot enjoy fully the benefits of a home in Deerfield unless shade can
be provided. They have looked at portable shelters but felt they were not attractive
and would be detrimental to the appearance of the neighborhood. Trees planted for
shade have died due to poor drainage in the area. Mr. STanley White, Chairman of the
Board of Zoning Appeals, stated he favored the granting of a variation since the
SSilversteins had affidavits from neighbors and Mrs. Silverstein's doctor, and each
petition should be judged on its own merits.
Mrs. Naomi Clampitt, a member of the Board, stated that she was concerned about
setting a precedent for other variations. She stated that while she was sympathetic
to Mrs. Silverstein's problem, she felt it was a personal problem rather than a hardship
as defined by the Zoning ordinance. In answer to a question, she stated she had seen
moot attractive gazebo type screened shelters which could bd erected close to the house
and would not constitute an encroachment on the rear yard.
Trustee Avery moved, seconded_by Trustee Kelm
the attorney prepare the necessary ordinance granting
by the following vote:
Ayes: Avery, Slavin (2).
Nays: Bootz, Kelm, Schleicher (3)
that the variation be.approved and
the variation. The motion failed
1st Presentation - The first presentation was made of the Appropriation
Appropriation Ordinance Ordinance for the year May 1, 1969 - April 30, 1970.
The ordinance will be posted on the bulletin board
in the lobby of the Village Hall for inspectiori by the public.
Discussion -Ditch in North The manager reported that when the High School
Trail Sub. Adjacent-to-H.S. property was?.being improved, a culvert had been
installed from,an inlet on Waukegan Road, a ditch
dug on North Trail'Subdivision and another culvert installed on the east end. Houses
are now being constructed on lots which have the ditch across the rear yards. He asked
for guidance from the Board whet�er corrugated pipe may be installed or drain tile
s hall be required. He stated he had approved corrugated pipe for two properties, but
future owners of the other lots would also wantoto put in pipe and fill in the ditch,
and if corrugated pipe is used there would be problems later. The two owners stated
they had purchased the corrugated pipe which is lying in their back yards awaiting in-
stallation. After discussion of the problem, Trustee Bootz moved, seconded by Trustee
Schleicher, that the Board allow the owners to proceed with the instgllation of the
corruugated pipe, and the managep write to the owners of other lots advising them of
the Board's action. The motion agd second were withdrawn, and decision was made,on the
advice of the attorney that the ditch was not the responsibility or t}nder the jurisdiction
of the Village, that the property owners can take care of the drainage in any way they
decide.
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Re: Closed Telegraph Rd. -RR Mr. Jacques Dulin, 1103 Davis.., stated that
Crossing Hazards there had been several..accidents at the
barricaded railroad crossing. at Telegraph Road.
He reported that the street light is out at this location and the reflective signs
have been knocked down by motorists who have had to swerve at the last minute when
the see that the crossing is closed. He asked that warning signs be posted and
the barricade be painted,-! -3ith white or reflective paint in the interests of safety.
He agreed that drivers were often exceeding the speed limit of 30 mph, but the loose
gravel from seal coating, a slight dip in the road and a flat curve, a dark barri-
cade and .lack of warning signs were conducive to accidents.
The manager stated he would notify the power company to reppir the street
light, and will cause warning signs to be erected and the barridade painted white.
The reflective signs will be replaced and he suggested that the street be marked
with a center line.
Discussion -Red Balloon Mr. Joseph Valenti, developer of the Deerbrook
Restaurant - Deerbrook Shopping Center, stated it has been his opinion
Shopping Center - Liquor License that a family type restaurant is needed in
the Village. He proposed the construction of
a restaurant at the reserved corner of the Shopping Centerand introduced Mr. Jerry
Sebastian, Chairman of the John R. Thompson Company, who operate the Red Balloon
restaurants. Mr. Sebastian presented a three dimensional model of the restaurant
and photos of the interior. He invited the Board to visit their restaurants in
Niles or DesPlaines and stated he would be happy to arrange a tour of these facilities.
The Red Balloon resturants are 5400 square feet in area, of which 900 square feet
is used for a cocktail and dining area, the remainder being the dining room and coffee
shop. He asked for the issuance of a liquor license for the restaurant.
Trustee Schleicher pointed out that Mr. Valenti could build a restaurant
on property to the south of the Shopping Center and get a liquor license from North-
field Township. Mr. Valenti stated that this was possible, but he would prefer
that the Village get the revenue. He reported that business at the Deerbrook
Shopping Center had exceeded'tleir --expectations, with sales of $200,000 at Jewel
the first week, and $345,000 at Turnst *le.
Trustee Kelm asked if a dining room for meetings of organizations would
be provided. Mr. Sebastian stated he was aware of the need for this type of
facility, but it was not feasible from an economic standpoint unless it is in
conjunction with a motel or hotel.
Trustee Schleicher proposed that the matter be put on the agenda for the
next meeting, which will give the Board an opportunity to determine what is in the
public interest, The Village attorney was requested to ascertain what changes
would be required in the Municipal Code if a liquor license is to be issued. The
Board agreed with Trustee Schleihher's proposal.
Award Contracts MFT Maint. The manager submitted a tabulation of bids for
Materials Motor Fuel Tam maintenance materials and recom-
mended that low bid of Peter Baker & Son
be accepted for Pre Mix Patching Material at the bid price of $8.20 per ton, a total
of $5,953.20; Witco Chemical's bid of $45.30 per ton, total bid $906, was low ,
and he recommended acceptance. Five bids on sodium chloride rock salt were identical
at $13.80 per ton, total $5,520, and he recommended acceptance of Cargill Salt
Company's bid on the basis of excellent service in the past. Trustee Slavin stated
that he was almost certain that a consent decree had been filed with the Clerk of the
Court of Northern Illinois, which would prevent identical bids.
Trustee Bootz moved, seconded by Trustee Schleicher, that thelbw'bidfof
Peter Baker & Son be accepted for Pre Mix Patching Material; the low bid of
Witco Chemical be accepted for Asphalt Crack Filler PAF -2; and the bid of Cargill
Salt Company be ,accepted. Adopted by the followign vote:
Ayes: Avery, Bootz, Kelm, Schleicher
Nays: Slavin (1) �- V, (o
Reports - Communications The manager reported that the crossing gate
installations at Osterman, Hazel and Greenwood
had been accepted by the STate.
The Department of Public Works has approved arreduction to 45 miles per hour
on Waukegan Road near the Deerbrook Shopping Center after a traffic engineering study.
Signs will be installed as soon as possible.
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The Board of Trustees will meet with the Park Board and the Civil Defense
Director on Thursday, June 19th, the manager reported.
Mrs. Laura Lee Christoph reported that six picnic tables had been observed
outside the roast beef restaurant on North WAukegan Road, in violation of the Village
ordinance. The manager stated the Building Department had notified the owner to remove
the tables.
There bbinggno further business, on motion by Trustee Schleicher, seconded by
Trustee Bootz, the meeting was adjourned at 11:25 p.m.
APPROVED:
President-
ATTEST:
Village Clerk
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