06/03/197432
June 3, 1974
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, June 3, 1974 at 8:05 p.m. The clerk called the roll and
reported that the following were
Present: Bernard Forrest, President
Norma Gavin
George Kelm
Walter H. Moses, Jr.
Daniel H. Stiehr
Absent: .Werner E. Neuman
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,
m anager.
Trustee Moses moved, seconded by Trustee Gavin, that the minutes of the
regular meeting on May 6, 1974, at which no quorum was present, and the regular
meeting on May 20, 1974 be approved as submitted. Motion carried unanimously.
Police Weapons Proficiency Awards were presented by Officer William Behnke
to the following: Tyro -class - Officer Michael Downar; Marksman - Officer John
E lofsen; Sharpshooter - Cadet Kevin Tracz; Expert - Officer David Turnbaugh;
Master - David Moon, dispatcher; Match award - Officer William Behnke; and Most
Improved Shooter - Kevin Tracz. The first place trophy won by the Police Depart-
ment in match competition was presented to the Board of Trustees. The Donald E.
G ehrig award was presented to Sgt. Donald Tiffany by Police Commissioner James
B ente. President:Forrest presented a Special Achievement Award to Sgt. Jeffrey
McDermott.
Bldg. & Zoning Report Mr. Charles Smally submitted a report on the
work of the Building and Zoning Department.
He said certain records have been removed from the files and stored in the loft
area, but none have, or will be destroyed until they have been microfilmed. The
Zoning Map has been updated, and work is continuing on the Plat Book. The Permit
fee survey has been completed as well as the Central Business Parking Report which
was prepared by the Planning Aide. A new Zoning Map will be undertaken. The reR
modeling of the Annex has been completed and office space provided for additional
staff. The amount budgeted for the department is satisfactory, and expenditures.
may be less.
Approve Consent Agenda The,Consent Agenda, with certain items deleted,
was presented for consideration as follows:
CONSENT AGENDA
Ordinance amending Section 20.501 of the Municipal Code; No parking, Montgomery
Road west of King Richards Court. (0- 7433)
Ordinance amending Section 22.106 of the Municipal Code; Building Permit fees.
(0- 74 -34)
Ordinance amending Section 11.201(b) of the Municipal Code; Residential driveway
deposits and fees. (0- 74 -35)
Ordinance amending Section 23.304 of the Municipal Code; Water rate per month,
$.63 per 100 cubic feet. (0- 74 -36)
Ordinance amending Section 24.1100 of the Municipal Code; Sewer rate per month,
$.37 per 100 cubic feet of water used. (0- 74 -37)
Ordinance granting front and side yard variation, Beck property, 1155 Park Avenue.
(0- 74 -38)
Resolution appropriating $2,508 from Motor Fuel Tax funds for North Suburban Mass
Transit District,�Section 38- TD -CS. (R- 74 -10)
Authorization to release escrow funds in the amount of $310.50 to W. T. Bowler &
Associates for work completed in Chesterfield's Laurel Hill Unit V.
*Corrected by Ill. Dept. of Transportation Section 34- TD -CS.
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Trustee Kelm moved, seconded by Trustee Stiehr, that the rules be waived to
permit action on the above listed cordinances at rheir first presentation. Motion
carried unanimously.
Trustee Stiehr moved, seconded by Trustee Moses, that the Consent Agenda be
approved, including passage of the ordinances. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: None (0)
The President signed the ordinances indicating his approval thereof.
Ordinance -Mun. Code Amend. The ordinance was presented amending the Municipal
Sec. 20.338 -Truck Traffic Code by striking Section 20.339 thereof and
R estriction(Deerfield Rd.) amending Section 20.338 - Truck Traffic Restrictions,
(0- 74 -39) and adding to the list of restricted streets
Deerfield Road between the westerly corporate
limits and Waukegan Road (prohibited to trucks exceeding 12 feet in height and whose
point of destination is on the far side of the underpass from point of entry onto
D eerfield Road) .
Trustee Moses stated copies of the ordinance had been sent to the Riverwoods
attorney and Trustee Walter Hardy. He asked the manager to check with Riverwoods
before contacting the Tell Road Commission.
Trustee Moses moved, seconded by Trustee Stiehr, that the ordinance be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance - Zoning Variation The ordinance was presented granting a variation
939 Deerfield Rd. (Sheahen) from the .provisions of the Zoning Ordinance to
(0- 74 -40) permit the construction of an enclosed porch
and a rear yard of 14.44 feet at 939 Deerfield
Road, as requested by Mrs. MyrtletSheahen.
The building commissioner stated construction of the enclosed porch had been
started before it was discovered by the Building Department. Relatives of Mrs.
S heahen had subcontracted the construction, and each had assumed the other -had obtained
the Building Permit. The Board bf Zoning Appeals held a public hearing on the petition
for a variation and had recommended that the petition be granted.
Trustee Moses moved, seconded by Trustee Kelm, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Trustee Kelm moved, seconded by Trustee Moses, that the ordinance be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays' (0)
The President signed the ordinance indicating his approval thereof.
Approve Final Plat- Chesterfield's The final plat of Chesterfield's Laurel Hill
Laurel Hill #9 - Phase I Unit #9 - Phase I was presented for approval.
Discussion was had on the ordinance passed - -`at the . last -meeting -- (Ordinance No.
0-74.-30) which approved Phase I of Unit #9.,-.and whether there was compliance with all
conditions. Mr. Stucko stated there was full compliance.
Trustee Moses stated that if all of Lots 37, 38 and 39, Hovland's Subdivision,
had been included in Laurel Hill Unit #9 the subdivision would have exceeded five acres
and been subject to flood retention requirements. The preliminary plat of Unit #9
included only the east 150 feet of these lots which had been or were being acquired by
Chesterfield, and the total area was less than five acres, and therefore, not subject
to flood retention. By division of these three lots, the west 150 feet became non-
conforming in the R -1 -B District, which requires lots of 20,000 square foot area, or
10,800 square feet if a part of a planned development. A public hearing was held by
the Board of Zoning Appeals for a variation in lot size, but it was his understanding
that the Board of Zoning Appeals had no jurisdiction since there was no basis of hard-
ship. He asked when a determination of flood retention comes before the Board. The
manager stated this matter is handled by the Plan Commission
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Mr. Fred Hillman of Chesterfield Development Corporation stated that
Laurel Hill #9 and the preliminary plat thereof had been approved by both the
Board of Trustees and the Plan Commission. The error which caused the non-
conforming lots was discovered after final approval of Phase I by the Plan
Commission. Engineering plans for improvements and bond for Phase I and II
have been filed with the Village engineer. He stated the question of the three
non-conforming lots would arise only if a building permit were sought.
Trustee Kelm stated that an "end run" around the Subdivision Ordinance
was made when the rear half of the three lots were bought, but Laurel Hill #9
had been approved and nothing could be done at this time. Mr. Hillman stated
he would include the entire lot area in future resubdivisions.
Mr. Robert Brown, Commissioner of Union Drainage District No.. 1, urged
strict enforcement of the flood retention ordinance, and no future subdivision
be approved unless the entire lots have been included.
Trustee Kelm moved, seconded by Trustee Stiehr, that the final plat of
Chesterfield's Laurel Hill Unit #9 - Phase I be approved. Adopted by the
f ollowing vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: None (0)
President Forrest asked.the Planning Aide and Building Commissioner to
check out Hovland Subdivision, and submit a report to the Board.
The meeting was recessed at 9:07 p.m. and reconvened at 9:17 p.m.
Accept John Hancock Proposal A report from the Village treasurer on
Hospitalization Insurance hospitalization for Village employees
recommended acceptance of the proposal sub-
mitted by John Hancock Insurance Company. The manager stated the Combined
Counties Police Association has been advised and has approved -a •change =in
insurers.
Representatives of John Hancock answered questions on maternity coverage,
and existing disabilities. If an employee is permanently disabled, the
company waives premiums. The company will submit monthly premium and claim
r eports .
Trustee Moses'moved, seconded by Trustee Kelm, that the Board accept
the proposal submitted by John HancoO.ck Insurance Company. Adopted by the
f ollowing vote:
Ayes: Gavin, Kelm, Moses, Stiehr
N ays : None (0 )
Ordinance -Mun. Code Amend.
Add Sec. 10.202A(d)
Qualification of Bidders
(0- 74 -41)
(4)
The ordinance was presented amending the
Municipal Code by adding a new Section
10.202A(d) , reserving to the Village the
right to refuse to solicit, issue or accept
bids -from bidders for reasons listed therein.
The Village engineer stated the manager keeps a list of-bidders. If a
bid proposal is requested by someone who is not qualified, the decision on
qualifications would be made by the engineer and - manager or the consulting
engineer in some cases.
Trustee Moses moved, seconded by Trustee Kelm, that the rules be waived
to permit action on the••ordinance at its first presentation. Motion carried
unanimously.
Trustee Doses moved, seconded by Trustee Kelm, that the ordinance be
passed. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Re: Sewage Dumped A letter was received from Mr. Robert Brown,
into Drainage Ditch Commissioner of Union Drainage District
No. 1, regarding the pumping of raw sewage
into the west drainage ditch at Osterman Avenue.
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Public Works Director Klasinski.reported.that sanitary sewers in the Osterman -
Jonquil Terrace area had backed up during an extremely heavy rainfall on May 17th,
resulting in flooded basements in the area. When rodding failed to restore sewer
flow, he had no alternative but to direct that sewage be pumped into the ditch to
prevent further damage to property. The bypass sewer had been cemented up several
years ago at the direction of the Environmental Protection Agency. Village owned
r odding equipment and a hydraulic jet rodder have been used to removed obstructions,
and a T.V. inspection is scheduled' for the week of June 3rd.
Mr. Brown stated that - basically, he could accept Mr. Klasinski's report, but he
has been told by residents on Osterman Avenue that this has happened before. He
strenuously objected to the pumping of raw sewage into the ditch. Mr. Klasinski
stated it was not done deliberately,.and every effort was being made to keep the
ditch clean.
President Forrest reported that he had received a call from Baxter & Woodman
that $73 million was available for funding sewage.treatment plants on applications
received by the end of June. The manager stated he had been notified by the engineers
that data must be filed by the end of the week, and this was impossible. He said
easements have not be obtained and submitted.
Mrs. Laura Lee Christoph, 90 Evergreen, stated surveys for easements were made
before the snows came, and she saw no reason for the delay. Mr. Arthur Rollin of
the Flood Control Advisory Committee urged that every effort be made to file the
necessary documents to come under the 1973 grant program.
The treasurer of the Drainage Commissinn stated that, in one community, the
Girl Scouts had undertaken the cleaning of the drainage ditch as a community project,
and suggested this could be done in Deerfield. Trustee Kelm stated the Boy Scouts
do this each year. Mrs. Christoph stated that, in some cases,' it would take a derrick
to remove the debris which she believes is dumped by Village residents. President
F orrest.stated cleaning the ditch would be a worthwhile project for some organization,
and the-Village will cooperate by supplying the trucks to haul the debris away.
B & W Report,
Sump Pump Survey
recorded by 58 recording meters.
An interim report on the Sump Pump Survey was
recevved from Baxter & Woodman, which gave
preliminary information on the average pumpage
Trustee Kelm stated he was concerned about ParagraP. 6 of the report regarding
location of meters. He questioned whether the locations are such that data are
meaningful. Baxter & Woodman will be asked to clarify this paragraph. Mr. Klasinski
stated five or six residents had not been willing to'have the recording meters
installed in their homes, and two or three had asked that the meters be removed.
Deerbrook State Bank; A report from the Village treasurer stated that,
_Approved as Depository, on the basis of comparative financial advantages,
Prepare Documents the Deerbrook 'State Bank should be designated as
a depository for Village funds. President
Forrest stated the accounts for payroll and payment of bills would be transferred,
and the Village will get interest on a daily basis on funds over the minimum balance.
Trustee Moses moved, seconded by Trustee Stiehr, that the Deerbrook State Bank
be approved as a depository, and the necessary documents be prepared to implement
this action.
Motion carried-unanimously.
Resolution Approving Annexation Discussion was had on the Annexation Agreement
Agreement - Florence Ave. Property between the Village and the owners of properties
(R- 74 -11) on Florence Avenue in Cook County. Changes for
clarification regarding deceleration lanes and
an easement for access to Deerbrook were approved by the Board and the developers
and will be incorporated in the Agreement:
Mr. Arthur Rollin, 115 Eastwood, asked when connections would be made to the
s anitary'sewer which also serves Briarwood Vista Subdivision where sanitary sewage
backups have beern'a problem for niany' years. Additional connections will aggravate
the flooding problem. The Briarwoods Vista Homeowners Association will meet on
June 4th and will discuss the impact of the development on the sanitary sewer, and
he-advised the Board that the Association may take action to prevent additional in-
flow to the sanitary..sewar.
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Mr. James DiPietro, one of the developers, stated the first connection
to the sewer would be for the nursery, which would discharge a minimum amount of
sewage, "and it was unlikely that major buildings would be completed before
September, 1975. He pointed out that flooding occurs only in Briarwoods Vista,
and there is no problem west of Waukegan. Road. Mr. Klasinski; stated "the sewer
had been cleaned and several bricks and other debris removed. Some repairs are
necssary and this work will be done in the next few weeks. He is awaiting a
report on the T.V. inspection of the line. The President asked Mr. Klasinski to
keep the Board informed.
Mrs. Laura Lee Christoph, Evergreen Place, confirmed Mr. Rollin's statment
that flooding has been a problem for many.years, ever since the subdivision was
developed, and while assurances hove been given many times that the problem would
be solved, homes are still flooded with sanitary sewage, a definite health
hazard. Mr. Rollin stated the Association would proceed on the basis that
additional connections are not in the best interests of the homeowners.
The Resolution was presented approving.the Annexation Agreement between the
Village and the owners of the Florence Avenue properties and authorizing execution
of the Agreement by the President and clerk, with changes heretofore approved.
Trustee Kelm moved, seconded by Trustee Stiehr, that the Resolution be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr, Forrest (5)
N ays: None (0)
Ordinance- Manager's The ordinance was presented amending Ordin-
Salary $31,185 ance No. 0- 74-28 by establishing an annual
(0- 74 =42) compensation for the manager of $31,185,
effective May 1, 1974 and until April 30,
1975.
Trustee Stiehr moved, seconded by Trustee Kelm, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
u nanimously.
Trustee Skelm moved, seconded by Trustee Stiehr, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Gavin, Kelm, Stiehr, Forrest (4)
Nays: Moses (1)
The President signed the ordinance indicating his approval thereof.
Vino Veritas Request A letter from Vino Veritas, Inc. requested
Wine License permission to submit an application for a
Authorize Ordinance retail wine license for the operation of a
health food and wine department in Ward's
at the Deerbrook Shopping Center.
Mr. James Haugh of Vino Veritas, Inc. stated wine and health food departments
are operated in many Chicago area Ward stores. The department is not owned by
Wards and the license would be issued to Vino Veritas. Messrs. Haess and Van Etta
of Wards stated the department would be operated under an agreement between Vino
Veritas and Wards,.and would be responsible to Wards for proper operation of the
d epartment.
Trustee Kelm moved, seconded by Trustee Moses, that the attorney be directed
to prepare an ordinance to provide for a license for the retail sale of wine only,
and to look into the matter of license fees.
Motion carried unanimously.
Re: Sidewalk Costs-
Lake-Cook Road
be $85,861. A letter
cannot use Motor Fuel
ment of existing walks
V illage funds could be
A report from the Village engineer estimated
the cost for construction of a concrete side-
walk on the north side of Lake -Cook Road to
from the Cook County Highway Department stated the County
Tax funds to construction of sidewalks except for replace-
.which have been removed by reason of highway improvements.
expended for the walk..
Construction of an asphalt path at a much tower cost was discussed, but
the Village engineer stated that a path with two inches of asphalt on fill would
not last. The manager stated the cost of the sidewalk could be paid from Motor
Fuel Tax funds. President Forrest asked for a report on projected Motor Fuel Tax
expenditures for the next five years. Trustee Kelm stated he would be reluctant
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to expend Village funds for a sidewalk on Lake -Cook Road. Trustee Gavin asked that
the report be sent to those who attended the meeting on bicycle paths.
Re: Dumping on Wagner Property President Forrest stated the Kennedy Construction
Company is still dumping fill on the Wagner
property at the east drainage ditch. The Village engineer stated the fill is being
dumped in compl'i'ance with the regulations of the Village's flood plain ordinance.
Trustee Kelm stated it appeared that the channel has been narrowed by the dumped fill.
President Forrest asked the Village engineer to check the dumped fill again, and stated
fill is also being dumped on the Baptist Church property on Wilmot Road.
Accept Bid Zera Const. Co. The Village engineer reported bids had been
Sidewalk, Curb & Gutter received for sidewalk and curb and gutter replace-
Replacement ment, and recommended that the Board accept the
low bid of $1.35 per square foot for sidewalks
and $9.75 per lineal foot for curb and gutter replacement submitted by Zera Construc-
tion Company.
Trustee Moses moved, seconded by Trustee Stiehr, that the bid of Zera Construc-
tion Company be accepted. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Stiehr (4)
N ays: None (0)
Appoint R. Kissling President Forrest reported that Mr. James Russell
Chaifnan Blood Bank had resigned as Deerfield Chairman of the Highland
Park Hospital Blood Bank, and proposed the appointment
of Mr. Roy Kissling as Chairman.
Truste'e.Moses- moved, seconded'-by Trustee Stiehr, that Mr. Kissling's appointment
be approved.
Motion carried unanimously.
There being no further business to come before the meeting, on motion by
Trustee Stiehr and seconded by Trustee Moses, the meeting was adjourned at 11:15 p.m.
ATTEST:
Village Clerk'
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APPROVED:
President