07/21/1969234
July 21, 1969
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 21, 1969 at 8:00 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. Richard Houpt, Village attorney, and Norris Stilphen, manager. -
Trustee Slavin moved, seconded by Trustee Schleicher, that the minutes of
the regular meeting held July 7, 1969 be approved as corrected (page 232 - Mr.
Robert Mazur to act as liaison between School District No. 110 and the Village).
Motion carried unanimously.
Approve Warrant No. W -69 -7 Trustee Schleicher moved, seconded by Trustee
Bootz, that Warrant No. W -69 -7 - Payment of
bills, including fund transfers and reimbursements, be approved. Adopted by the
following vote:'
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Bids - County Line Cleanout Manhole Se&led bids for the south interceptor sewer
& Orchard St. STorm SEwer siphon cleanout manhole and Orchard Street
storm sewer were opened and read as follows:
BIDDER C.O. MANHOLE-:-: ORCHARD S.S. TOTAL BOND ,
Di Paolo Company $17,500.00 $4,470.00 $21,970.00 Ck.
Niles, Ill.
Nu -Way Contracting 9,930.00 9,665.00 19,595.00 X
Chicago, Ill.
Gluth Bros. 19,500.00 7,895.00 26,395.00 X
Woodstock, Ill.
Trustee Schleicher moved, seconded by Trustee Slavin, that the bids be
referred to the engineer for review and recommendation.
Motion carried unanimously.
Report = Blietz Property The building commissioner reported that he
Drainage Problem received a letter from the Blietz organization
regarding a meeting on July 10th, attended
by representatives from the Park District and School District No. 109, and the
building commissioner, to discuss drainage problems on their properties. The
letter summarized agreements reached at the meeting, as follows: The building
commissioner will establish grades for drainage swales; Mr. Blietz will provide
equipment for the work; and the Park and School Districts will pay for any work
done on their property. The existing swales heretofore graded by Mr. Blietz, will
be deepened and extended to carry surface water to the drainage ditch.
Mr. Avron Katch, 160 Hyacinth, who has complained at previous meeting about
the ponding of water due to dumping, which has caused water to back up into his
basement, stated that he did not believe the proposed work would provide proper
drainage. Decision was made that the work should be done and see if it solves the
problem.
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Report - North Suburban Flood
Control Committee The manager submitted a report on the present
status of the North Suburban Flood Control
Committee. He stated that the former Chairman
of the committee, the Mayor of Morton Grove, had been defeated for re- election, and
turned over all records to Morton Grove Trustee, Richard Flickinger. All the member
municipalities have indicated they desire to continue their efforts to get relief
from flooding. The Metropolitan Sanitary District has also expressed interest.
Trustee Kelm suggested that the Council of Governments established at the request of
Governor Ogilvie, might be helpful in this objective. The streams are under the
jurisdiction of the Division of Waterways. A brief discussion was had, and Presi-
dent Forrest suggested the matter was of sufficient importance to be taken up at a
workshop meeting.
Accept 1968 -69 Audit A representative from Wolf and Company, auditors
for the Village, was present and briefly dis-
cussed the Audit for the year 1968 -69. He stated it was doubtful that there would be
any surplus funds for any extraordinary expenditures, in particular the Water Fund,
which may run into a deficiency in the current year and necessitate an increase in rates.
Trustee Schleicher moved, seconded by Trustee Bootz, that the Audit be
accepted. Motion carried unanimously.
P.C. Report -Deny Resub. The report from the Plan Commission recommended
Mallins Sub. (Roy Rogers) denial of the plat of resubdivision of Lot 1,
Mallin's Subdivision as submitted by the Ace
Hosts of Illinois (Roy Rogers). The proposed lot is "L" shaped with access to both
County Line and Waukegan Roads. The Plan Commission expressed concern about a
piecemeal development of the tract, and recommended that a street be dedicated to
serve the whole area for a planned and orderly development.
The attorney and representatives of the company described the proposed Roy
Rogers restaurant operation in detail, and told how they had changed their building
plans, had agreed to screen the property so as not to be an ann6yance to neighbors,
and would pick up paper not only on their own and adjoining property, but also along
roads in the vicinity. They pointed out that they had first come to the building
department early in January, and were told June 6, 1969 that a resubdivision would be
required. In the interim, they had worked conscientiously with the department to
be good neighbors.
Trustee Kelm pointed out that Village ordinances prohibited lots with frontages
on more than one street unless a corner lot, and that a resubdivision.was necessary
before building on part of a lot. Several residents stated they feared the restaurant
would develop into a drive -in despite the intent and wishes of the management.
Discussion was had on the two driveways proposed and resulting traffic hazards,
and the future development of the remainder of Lot 1 which would mean additional
driveways. Trustee Schleicher then moved, seconded by Trustee Slavin, that the resub-
division be denied in accordance with the recommendation of the Plan Commission.
Motion carried unanimously.
Approve Sara Lee Bldg. Permit A report from the Board
recommended approval of
the Sara Lee addition if changes are made as listed.in the re
Trustee Bootz moved, seconded by Trustee Kelm, that the Board
of the building permit subject to changes listed by the Board
Motion carried unanimously.
of-Building Appeals
the building permit for
port of July 15, .1969.
authorize the issuance
of Building Appeals.
Accept Resignation from P.C. President Forrest reported that Mr. Bernard Katz
Bernard Katz had submitted his resignation from the Plan
Commission due to business commitments. Trustee
Avery moved, seconded by Trustee Schleicher, that Mr. Katz's resignation be accepted.
Motion carried unanimously:
Appoint Richard Opfer President Forrest proposed the appointment of
to Plan Commission Mr. Richard Opfer to the Plan Commission to
replace Mr. Katz. Trustee Schleicher moved,
seconded by Trustee Bootz, that Mr. Opfer's appointment be confirmed. Motion carried
unanimously.
Appoint`Hardld Geilmri;'Ctigirman, The President proposed the appointment of Mr.
Bd. of Bldg. Appeals Harold Geilman, a member of the Board of Building
Appeals, as Chairman of.the said Board. Trustee
Bootz moved, seconded by Trustee Schleicher, that Mr. Geilman's appointment be confirmed.
Motion carried unanimously.
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Discussion - Drainage Ordinances biscussion was had on the three proposed
amendments to the Municipal Code pertaining
to drainage. There was general agreement that the amendment regarding rear yard
drainage and to require certificates on grading surveys was acceptable, as well
as the amendment regarding obstructions to drainage. Several members expressed
their objections to the amendment which would require connection of roof drains and
downspouts to storm sewers in new subdivisions. Trustee Slavin stated it was his
opinion that it would only move the problem from one area to another.
Mr. Richard Gilbert, a commissioner of Union Drainage District No. 1 (west
ditch) stated that rapid runoff was the problem for the Drainage Commission. He
proposed that consideration be given to the installation of field and granular
material to carry away surface water over a longer period from rear yards than
would result if sewer pipes and beehives are installed. Connection of downspouts
to storm sewers would also increase the rapid runoff and add to the volume of water
in the drainage ditch. He explained that the Commission is responsible for the
west ditch from Duffy Lane to Dundee Road, and while the Commission has attempted
to keep the ditch clear of debris, unless the ditch is kept clear south of their
area of responsibility, there is nothing they can do about flooding. Trustee
Schleicher pointed out that the Village hopes to acquire the brickyards for a
storm water reservoir. Mr. Gilbert stated that the Division of Waterways has been
attempting to get funds from the legislature to alleviate flooding in many areas,
but so far little money has been made available.
Ordinance- Mun. code Amend.
Sec. 9.210 & 9.213
Rear Yard Drains; Grading Surveys
(0- 69 -21)
Registered Professional Engineer that
with approved grading plans; the said
Adopted by the following vote:
Trustee Avery moved, seconded by Trustee
Schleicher, that the ordinance be adopted
amending Sections 9.210 and 9.213 of the
Municipal Code pertaining to rear yard
drains and to require certification by a
the actual grades of lots are in accordance
ordinance to be published in pamphlet form.
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Table Ordinance Re: In connection with the ordinance amending
Downspout Connections to certain sections of Chapter 24 of the Municipal
Storm Sewers Code pertaining to the use of sewers, Trustee
Slavin proposed that Section 2 of the proposed
ordinance which would require connection of roof drains and downspouts to storm sewers,
be deleted. Trustee Schleicher moved, seconded by Trustee Slavin, that the said
ordinance be tabled. Adopted by the following vote:
Ayes: Avery, Schleicher, Slavin, Turner (4)
Nays: Bootz, Kelm (2)
Ordinance - Municipal Code Amend. Trustee Slavin moved, seconded by Trustee Kelm,
Sec. 18.403 - Prohibit that the ordinance be adopted amending Section
Obstruction of Water Courses 18.403 of the Municipal Code to prohibit the
(0- 69 -22) obstruction or pollution, of any water course,
drainage ditch, swales or natural drains,
provided that such drains may be sewered or piped if approved by the Village engineer;
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 signed the ordinance indicating his approval thereof.
Report - Delinquent S/A The Village attorney reported that he had checked
School Properties when properties were acquired by the School.Dis
tricts on which delinquent special assessments
are owed, and that these properties were acquired after the assessments had been levied
and the schools therefore should have been aware of the assessments. Reproposed, and
the Board concurred, that he take up this matter with Mr. Allyn Franke, attorney for
the school district, and have him adcthe Boards to reconsider payment.
Ordinance Re: Class D Liquor Discussion was had on the ordinance amending
License Failed Section 15.008 of the Municipal Code to establish
a Class D license for the sale at retail of
alcoholic liquor for consumption on the premises where sold, provided that no such
license shall be issued for any premises where such sale is prohibited by law; and
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Section 15.009 to provide for the issuance of 2 class D licenses. Trustee Slavin
moved, seconded by Trustee Bootz, that an addition be made to the ordinance to provide
that a class D license shall be issued only to a restaurant, a restaurant to be defined
as a place where food is regularly sold and the service of food occupies 50 percent or
more of the available floor space. Adopted by the following vote:
Ayes: Bootz, Kelm, Slavin (3)
Nays: Avery, Turner (2)
Pass: Schleicher (1)
A Pass vote being counted with the majority, the motion was declared passed.
Trustee Bootz moved that the annual license fee for a Class D license be set
at $2,500. The motion failed for lack of a second.
The Village attorney was required to revise the ordinance in accordance with
the Board's decision.
The meeting was recessed at 10:05 P.M. and reconvened at 10:20 P.M., all
members present. The ordinance was read as revised by the attorney. Trustee Slavin
moved, seconded by Trustee Bootz, that the ordinance be adopted. The motion failed
by the following vote:
i, Ayes: Bootz, Slavin (2)
Nays: Avery, Kelm, Schleicher, Turner (4)
Re: Sara Lee Complaints Aletter was received from Kitchens of Sara Lee
iB Withdraw Request for Sign outlining steps taken to alleviate problems of
smoke and noise. They also withdrew their re-
quest for permission to erect a temporary sign while construction of the addition to
the plant is underway.
Authorize Preparation Ordinance Trustee Slavin reported that as a result of
Re: Affidavit from Bidders & identical bids of rock salt for Motor Fuel
"Most Favored Nation " Clause Maintenance materials, he had investigated the
consent decree and court decision on collusive
bidding by the salt companies, which is now prohibited. He moved that the attorney
prepare amendments to the Municipal Code to provide that an.affidavit be submitted
by all bidders, signed by an officer of the company, that the bid has been arrived
at independently and without consultation with any other bidder, and secondly, that
a requirement be written into all contracts to provide that no municipality in the
State of Illinois shall be given more favorable terms than those given to the Village
of Deerfield, and if more favorable terms are given within the period of one year,
the contract shall be subject to rebate from the bidder of the difference between
the more favorable price and the price to the Village, commonly known as the "most
favored nation" clause. Seconded by Trustee Avery.
Discussion was had..on the proposed-amendments. The manager stated he was
fearful of the consequences if the procedure is adopted, and pointed out that some
bids for supplies have been pooled with other taxing bodies. He added that a recent
meeting of managers, there had been discussion of Lake Forest, where contrac tors are
required to do a good clean up job, resulting on only two bids on their last project.
He also stated that some municipalities purchase much greater quantities of materials
than Deerfield and get a lower price as a result. This was answered by Mr. Jacques
Dulin, an attorney who lives in the Village, and stated that the "most favored nation"
clause applied only to similar materials and quantities.
Motion to request the Village attorney to prepare the proposed amendments
was adopted unanimously.
Ordinance Granting Variation The ordinance was presented and read in full
1351 Stratford Rd. (Renaud) granting a varhtion from the requirements of the
(0- 69 -23) Zoning ordinance to permit construction of a de-
tached garage at 1351 Stratford Road with a side
yard of 3 feet in lieu of the required 5 feet, as requested by Mr. Victor Renaud. Mr.
Renaud asked that the rules be waived and the ordinance passed in-order that he might
proceed with the construction of the garage as soon as possible. Trustee Kelm 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, seconded by Trustee Kelm, that the ordinance be
adopted granting the variation. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
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1st Presentation - Ordinance
3 way Stop- Greenbrier & Eastwood The first presentation was made of an ordinance
amending Section 20.203 (b) of the Municipal
Code to add "Greenbrier Drive at Eastwood
Drive (3- way)" to the list of designated stop streets. The ordinance was read in full.
1st Presentation - Ordinance The first presentation was made for an ordinance
No Parking -757 Deerfield Rd. amending Section 20.501 of the Municipal Code by
adding to the list of places where parking is
prohibited at any time the following: On the south side of Deerfield Road, west of
Waukegan Road in front of that property commonly known as 757 Deerfield Road. The
ordinance was read in full.
Discussion- Broadmoor Sidewalk A lengthy discussion was had on the proposed
Installation- Prepare Report on installation of sidewalks on Broadmoor Place.
Drainage Mr. Jerry Schweitzer, 1409 Greenwood, whose side
lot is on Broadmoor, stated he and his neighbors
were opposed to the construction of sidewalks at this time. He stated that Broadmoor
was an old street, not properly graded, drained by ditches and that sidewalks now
would later have to be replaced when the street is improved and a correct grade
established. Sidewalks would add to drainage problems and would be unuseable at least
part of the time. Several other residents sppke in opposition to sidewalks at this
time. One resident pointed out that Broadmoor was an old street improved with blacktop
many years ago, and shrubs and trees had been planted which would be destroyed if a
sidewalk is installed. It was pointed out that sidewalks on Broadmoor had been pro-
posed by the Woodland Park PTA in 1963 and had been dropped along with Greenwood due
to drainage and lack of proper grades.
Trustee Slavin moved, seconded by Trustee Schleicher, that the building
commissioner be directed to prepare a report on drainage and other aspects of the
proposed sidewalk construction on Broadmoor Place.
Motion carried unanimously.
$400 for H.S. Engineering The manager reported that a letter had been received
Traffic Lights for Electric Work from the Division of Highways stating the State
would erect school entrance signs at the High
School driveway, and authorized the Village to install flashing yellow signals over
the signs, the cost to be paid by the Village. Trustee Kelm moved, seconded by
Trustee Slavin, that the $400 previously authorized for the preparation of plans
and specifications for the lights be used for electrical work in connection with the
installation. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Bids - Traffic Lights The manager reported that bids for replacing the
Accept Aldridge Electric existing school crossing lights and a light at
Hoffman Place had been received July 10, 1969
as follows:
BIDDER
Aldridge Electric, Inc.
Lake Forest, Ill.
BID
$46,982.40
G. A. Rafel & Co., Inc. 51,080.70
Chicago, Ill.
Although the low bid exceeded the estimated cost, the engineer, Baxter & Woodman,
recommended the acceptance of the low bid, since it was their opinion re- advertising
would not result in a lower bid.
Trustee Slavin moved, seconded by Trustee Kelm, that the low bid of Aldridge
Electric, Inc., in the amount of $46,982.40 be accepted, subject to approval by the
State. Adopted by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
Resolution $3,000 MFT Trustee Kelm moved, seconded by Trustee Slavin,
Traffic Lights that a resolution be adopted appropriating an
(R- 69 -14) additional $3,000 from Motor Fuel Tax funds for
the traffic 'Lights, MFT Project 26 -TL. Adopted
by the following vote:
Ayes: Avery, Bootz, Kelm, Schleicher, Slavin, Turner (6)
Nays: None (0)
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Re: CATV A brief disc.iission...was _had on requests for CATV
Franchises and an implementing ordinance. The
Board approved Trustee Slavin's suggestion that the applicants be invited to make a
presentation to the Board on their services, and a copy of the proposed ordinance be
sent to them.
Request to Live in A letter was received from Mr. William Beckman, Jr.
Coffee House Referred to BZA thanking the Board for waiving the license fee for
the Youth Coffee House in the Masonic Temple and
asking that he be permitted to live on the ground floor in the Coffee House although
ground floor occupancy for dwelling purposes is not permitted by Village ordinances.
He explained why he made this request and stated he would be there only until September.
Trustee Bootz moved, seconded by Trustee Turner, that the request be referred to the
Board of Zoning AppeAls and no action be taken until a report is received from the
Board.
Motion carried unanimously. qq
Cook County Police Assn. Mr. Gene Wolf, of the/County /P olice Association,
Requests stated that all patrolmen of the Deerfield Police
Department had joined the Association, and he was
addressing the Board on their behalf. He asked that the Cook County Police Association
be recognized; that the Cook County Police Association be granted the right to negotiate
grievances through the regular chain of command; and that the Board authorize the
O deduction of $2.00 dues per pay check for each officer authorizing such deduction.
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A lengthy discussion followed on purposes of the organization and similar
(, matters. In answer to Trustee Slavin's questions, Mr. Wolf stated he was a police
officer at the present time, and that 100 per cent of the Deerfield patrolmen had
joined the association, as evidenced by the cards authorizing dues deductions. Trustee
Slavin moved, seconded by Trustee Turner, that a special committee be formed to meet
with the Cook County Police Association representatives and discuss objectives.
Motion carried unanimously.
Mr. Jacques Dulin, a member of the Board of Police Commissioners, suggested
that the Commission be represented on the committee, but Trustee Slavin pointed out the
areas of responsibility were completely separate. President.Forrest stated a date for
a meeting would be set and the Police Association notified of time and place.
There being no further business, on motion by Trustee Bootz, seconded by Trustee
Turner, the meeting was adjourned at 12:00 midnight.
ATTEST:
Village Clerk
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APPROVED:
Presi ent