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09/05/1967F September 5, 1967 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 Tuesday, September 5, 1967 at 8:15 p.m. The clerk called the roll and reported that the following were Present: H. Ross Finney, President Charles R. Bootz Bernard Forrest Raymond L. Craig George Kelm Charles H. Raff George P. Schleicher 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. Moved by Trustee;.Raff, seconded by Trustee Schleicher, that minutes of the Board of Local Improvements and minutes of the regular meeting, both held August 21, 1967 be approved as submitted. Motion carried unanimously. Award Reservoir Contract A letter from Dr. H. S. Sundin, A. Pedersen Bldg. Corp. engineer for Baxter and Woodman, was $283,23 read, reporting that the Arnold Pedersen Building Corporation, the low bidder on the reservoir project, was not experienced in this type of construction, but architects with whom the company has worked on school and commercial buildings reported favorably on their work. The second -low bidder, Keno Sons Construction Company, are fully qualified. Discussion was had on the qualifications of the low bidder. Dr. Sundin stated the subcontractors listed by Mr. Pedersen were established tirms with good reputations, and the project was not considered a ditficult type of construction. Trustee Schleicher pointed out that the 210 days for completion was considerably less than that given by other bidders. Dr. Sundin explained that if the project is not completed within the specified time limit, the costs for inspections thereafter must be paid by the _contractor. The manager was directed to check if the bonding company which will furnish the performance bond is qualified under Village requirements. Trustee Kelm moved, seconded by Trustee Craig, that the contract.for reservoir construction be awarded to the low bidder, Arnold Pedersen Building Corporation, without deductions, at the bid price of $283,232.00. Adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) Award Contract Water Main The letter from Dr. Sundin recommended Additions to Scully, Hunter that the contract for water main addi- Scull:y..- $25,088 tions be awarded to the low bidder, Scully, Hunter & Scully. Trustee Raff moved, seconded by Trustee Bootz, that the contract for water main additions for the reservoir project be awarded to the low bidder, Scully, Hunter and Scully, at the bid price of $25,088.00. Adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) Discussion - Accounting System Mr. Krampert of W61f and Company Accept 1966 -67 Audit Report reported that in,addition to the regular audit, he had evaluated the accounting system of the Village. He stated that he would not recommend any changes in the system of the equipment at this time, since controls are I satisfactory, necessary information is readily available, can be performed efficiently on the present National Cash machines. He stated it was a good idea to review any acco four of five years, but felt no changes should be made at Cleven, Village treasurer, reported he was working on and old special assessment accounts, and was commended by the 277 and all operations Register bookkeeping inting system every this time. Mr. gradually clearing up Board for this work. Trustee Kelm moved, seconded by Trustee Craig, that the Annual Audit report be accepted. Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) The manager was directed to notify the Cook County Zoning Board by letter that the Village opposes the sign. The Village attorney will prepare a Resolution to be filed with the Cook County Board of Commissioners to formalize the Village's opposition. Discussion - Off -St. Parking It was reported that rain had again stopped the Z; Right Tunn Lanes traffic count at the Waukegan- Deerfield Road intersection on a Saturday, and the juvenile officer is arranging for the count to be made by the Boy Scouts. in connection with the acquisition of off - street parking areas, Trustee Raff proposed that the Board give consideration to the use of sales tax funds paid by merchants who have a parking deficiency, such funds to be accumulated in a Parking Fund for the 41cqui si tion of public parking lots. He stated he would not be averse to making these funds retroactive for three to five years, and was sure that the local banks would cooperate in mak ng this information available to the Board. The Village attorney stated that a new law would permit the use of Motor Fuel Tax funds for off - street parking. Trustee Craig suggested that sales tax funds be used as proposed by Trustee Raff, with Motor Fuel Tax funds used to make up any deficiency in the purchase costs of property. Decision was made to refer Trustee Raff's suggestion to the Parking Committee for consideration and suggestions. Ordinance- Vacation -North Ave. Trustee Raff moved, seconded by Trustee Craig, in NorthWoods Sub. that the ordinance be adopted vacating that 0 -67 -50 portion of North Avenue described as follows: The North 40 feet of Lots 3 and 4, Gershuny's Subdivision, and the North 33 feet of Lots 8, 9 and 10 in McGuire and Orr's Northwoods Subdivision Motion carried unanimously. Deny Mobil Price Sign Discussion was had on the request of Mobil Oil Company for a variation to permit the erection of a price sign at 750 Waukegan Road, the Board of Zoning Appeals having recommended by a 5 to 1 vote that the variation be granted, and the vote on the ordinance granting a variation having resulted in a tie at the June 19th meeting. Trustee Forrest stated that he had noticed that most North Shore municipalities were taking steps to remove signs, and urged the strict enforcement of the sign ordinance. Mr. Andrew Ebert, president of the Homeowner's Association, stated the association was opposed to the installation of advertising M signs and urged that the variation not be granted. Trustee Forrest moved, seconded by Trustee Schleicher, that the request of W Mobil Oil Company for a variati on to permit the erection of a price sign be U denied. Adopted by the following vote: U Ayes: Craig, Forrest, Raff, Scnleicner (4) Nays: Bootz, Kelm (2) Oppose Socony Mobile Sign A notice was received from the Zoning Board 65' in Height, Cook Cty. of Appeals of Cook County regarding the-hearing on September 18, 1967 at the Northbrook Village Hall. on the peti:ti:on of Socony Mobile Oil Company for a special use at the south- west corner of Lake -Cook Road and Skokie Avenue to increase the sign height requirement of 35 feet to 65 feet. Trustee Raff moved, seconded by Trustee Forrest, that the Village go on record as opposing the increaee in sign height to 65 feet, as requested by Socony,Mobile Oil Company. Adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) The manager was directed to notify the Cook County Zoning Board by letter that the Village opposes the sign. The Village attorney will prepare a Resolution to be filed with the Cook County Board of Commissioners to formalize the Village's opposition. Discussion - Off -St. Parking It was reported that rain had again stopped the Z; Right Tunn Lanes traffic count at the Waukegan- Deerfield Road intersection on a Saturday, and the juvenile officer is arranging for the count to be made by the Boy Scouts. in connection with the acquisition of off - street parking areas, Trustee Raff proposed that the Board give consideration to the use of sales tax funds paid by merchants who have a parking deficiency, such funds to be accumulated in a Parking Fund for the 41cqui si tion of public parking lots. He stated he would not be averse to making these funds retroactive for three to five years, and was sure that the local banks would cooperate in mak ng this information available to the Board. The Village attorney stated that a new law would permit the use of Motor Fuel Tax funds for off - street parking. Trustee Craig suggested that sales tax funds be used as proposed by Trustee Raff, with Motor Fuel Tax funds used to make up any deficiency in the purchase costs of property. Decision was made to refer Trustee Raff's suggestion to the Parking Committee for consideration and suggestions. Ordinance- Vacation -North Ave. Trustee Raff moved, seconded by Trustee Craig, in NorthWoods Sub. that the ordinance be adopted vacating that 0 -67 -50 portion of North Avenue described as follows: The North 40 feet of Lots 3 and 4, Gershuny's Subdivision, and the North 33 feet of Lots 8, 9 and 10 in McGuire and Orr's Northwoods Subdivision 278 the Village of Deerfield reserving its interest in all existing easements for public utilities in the vacated portion. Adopted by the following vote: Ayes: Bootz, Craig, Kelm, Raff, Schleicher (5) Nays: Forrest (1) The President signed the ordinance indicating hiss approval thereof. Ordinance Increasing Max. The ordinance increasing the maximum Gen. Corp. Tax Rate general corporate tax rate to .25G (0-67-51) over a two year period was discussed at length. Several Trustees stated that failure to pass the ordire nce would impose restrictions on revenues that should not be imposed, since no one could predict future necessary expenditures. Trustee Forrest pointed out that the higher sales and service taxes will provide additional revenue with a substantial, increase when the Valenti Shopping Center and the Kroger store are completed, and therefore the higher tax rate was unnecessary. He stated the tax rate for this year's tax levy would be the highest in five years without increasing the general corporate rate, and in each previous year there had been a surplus. Trustee Craig stated that the legislature had authorized a higher tax rate by decision of the corporate authorities which had heretofore required voter approval, and he was opposed to the ordinance on the basis that the line on taxes should be held at the local level. 'Future expenditures of undetermined amounts for odor control and other improvements were cited as reasons for the higher rate. Trustee Raff stated he would favor a reduction in the price of vehicle licenses if the revenue is not needed. Mr. Andrew Ebert of the Homeowners' Association questioned the wisdom-of increasing the tax rate without a referendum, since the Village has consistently supported higher rates and bond issues for demonstrated needs. President Finney stated that the press had given adequate information on the matter and no adverse comments had been received. Trustee Schleicher moved, seconded by Trustee Raff, that the ordinance be adopted increasing the maximum tax rate for general corporate purposes. Adopted by the following vote: Ayes: Kelm, Raff, Schleicher, Finney (4) Nays: Bootz, Craig, Forrest (3) The President signed the ordinance indicating his approval thereof. Ordinance - Tax Levy Trustee Forrest moved that the 0 -67 -52 ordinance levying taxes for corporate purposes for the year May 1, 1967 to April 30, 1968 be adopted. Seconded by Trustee Bootz, and adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff:; Schleicher (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Re -Pass Ordinance North The ordinance vacating that portion Ave. Vacation (Glorioso) of North Avenue lying westerly of 0 -67 -3 the East line of the Northwest quarter of the Northeast quarter of Section 29, Township 43 North, Range 12, East of the 3rd P.M. and easterly of the center line of Waukegan Road (Glorioso Subdivision) having been passed by a 4 to 1 vote at the July 17th meeting, with 5 favorable votes required for passage, Trustee Raff moved, seconded by Trustee Craig, that the ordinance be re- passed. Adopted by the following vote: Ayes: Bootz, Craig, Kelm, Raff, Schleicher (5) Nays: Forrest (1) The President signed the ordinance indicating his approval thereof. Ordinance- Abate Bldg Tax (0- 67 -53) $11,950 for Municipal Lake and Cook Countie vote: Bond Trustee Forrest moved, seconded by Trustee Craig, that the ordinance be adopted abating the tax of Building Bonds, and directing the County Clerks of s not to spread the said tax. Adopted by the following Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays.: None (0) The President signed the ordire nce indicating his approval thereof. The meeting was recessed at 10:00 p.m, and reconvened at 10:10 p.m., all members present. Ordinance - St. & Bridge Trustee Raff moved, seconded by Trustee Kelm, Levy (0- 67 -54) that the ordinance be adppted.providing for an additional levy for street and bridge purposes. Adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) President Finney signed the ordinance indicating his approval thereof. Approve Final Plat Trustee Raff moved, seconded by Trustee Bootz, Addition to Fox Chapel Sub. that the final plat of the Addition to Fox Chapel. Subdivision be approved and execution authorized. Adopted by the following vote: Ayes: Bootz, Craig, Kelm, Raff, Schleicher (5) L4 Nays: Forrest (1) U U Ordinance -Muo. Code Amend. Trustee Schleicher moved,.seco nded by Trustee Sec. 16.404 Use of Sales Raff, that the ordinance be adopted repealing Tax (0- 67 -55) the repealer of Section 16.404 of the Municipal Code, said section providing for the use of sales tax funds for payment of principal and interest on Municipal Building Bonds, Trustee Schleicher stated the ordinance should be passed to keep faith with the residents who voted for the bond issue for construction of the Village Hall on the basis that sales taxfunds would be used to pay for the bond issue. The ordinance was adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) The President signed the ordinance indicating his.approval thereof. Trustee Raff moved, seconded by Trustee Schleicber, that the said ordinance be published in pamphlet form. Motion carried unanimously. Resolution Opposing Rezoning Trustee Forrest moved, s.econded by Trustee Kelm Krembs Property -Cook Cty. that the resolution be adopted Apposing the R -67 -15 rezoning of the Krembs property in Cook County for a large apartment development, certified; copies of the resolution to be filed with the Cook County Board of Commissioners, the Zoning Board of Appeals of Cook County, and the petitioner. Motion carried unanimously. Amend Burglar Alarm Discussion was had on the "hold harmless" Contract Re: "Hold Harmless" provision of the contract with Metropolitan Alarm Service for a central burglar alarm system, the Village attorney reporting that the insurance agent for the Village- had advised him that insurance coverage for this provision would be difficult to obtain. Trustee Raff moved, seconded by Trustee Kelm, that the Board approve an amendment to the agreement with Metropolitan Alarm Service providing for a waiver from each subscriber of any claim against the Village in lieu of the requirement for contractual insurance coverage for a "hold'harmless" agreement. Adopted by the following vote: Ayes: Bootz, Craig, Forrest, Kelm, Raff, Schleicher (6) Nays: None (0) The Village attorney will amend the agreement and notify the company of the Boacd's action. 280- Report.- .Hackberry. Rd.� Vacation In connection with the request of the Park District for the vacation of part of Hackberry Road, the report of the bui Ming commissioner stated that the minutes of the P.lin Commtssion meeting of June 6th showed that the Plan Commission would give priority to this matter in its Master Plan - study, and that Mr. James Mitchell of the ',Park District and Dr. Fenelon of School District 109 had no objection to the purchase of the vacated street for $10 at any time during a ten year period if needed for street purposes. Report -Bd. of Bldg. Appeals A report was read from the Board Re: Adoption of Nat. Bldg. Code of Building Appeals recommending the 1967 Edition Approved adoption of the National Building Code, 1967 Edition, with amended sections 102.3, 316 -d, 401, 401.3 and an added section 808.4. Trustee Forrest moved, seconded by Trustee Schleicher, that the Board approve the recommendation of the Board of Building Appeals, and the Village attorney be requested to prepare the ordinance for the adoption of the 1967 edition of the National Building Code with amendments. Motion carried unanimously. Re: Brickyards & Flood Trustee Forrest reported that he and Control President Finney had attended a meeting at Underwriters Laboratories to discuss use of the clay hole on the National Brick Company property for flood control, and financing for the purchase of the property. The Labora- tories are very interested since the Matropolitan Sanitary District is considering condemnation of their property for flood control. The company will hold an open house on September 15th. A copy of the letter sent by North Shore municipalities to Governor Kerner asking for completion of studies on drainage and flooding problems and control was read and placed on file. Joint P.C. S Board ' Meeting A joint meeting of the Plan Commission on Brickyard Sept. 7 or 8th and the Board of Trustees was discussed for consideration of the proposed planned development for the National Brick Company property, and other possible uses for the property. It was decided that the meeting would be held either Thursday, September 7th or Friday, September 8th, and the manager's secretary should notify the Board after checking with the Plan Commission Chairman. 1st Presentation - Ordinance The first presentation was made of the Hertel Ln. S!A No. 106 ordinance providing for the improvement of Hertel Lane by special assessments, Warrant No. 106. The ordinance was read in full. Approve Improvement Plans & Specs. Trustee Craig moved, seconded by Trustee Fox Chapel Sub.- Authorize Application Bootz, that improvement plans and San. Sewer Extension specifications for Fox Chapel Subdivision be approved, and execution of'the appli- cation to the State Sanitary Water Board for sanitary sewer extensions in said subdivision be authorized. Adopted by the following vote: Ayes: Bootz, Craig, Kelm, Raff, Schleicher (5) Nays: Forrest (1) Reports- Communications The manager reported that a letter had been received from the Zion Lutheran Church, commending the Public Works Department for elm tree re- moval and the prompt clean -up. A letter was read from Mrs. Ruth Koral, Forestway Drive, approving the proposed planned development for the brickyard property. A letter from Mr. James Bente, Lin2lb,n.Avenue, was read. He wrote he was strongly opposed to the proposed apartment development, which would overload streets, stores and schools, and stated that most people in the Village do not want apartments. A letter from Mr. Donald Pilger, Director ott'tne Deerfield Park District, requested the appointment of Messrs. Anthony Kambic�, John Sullivan and Donald Pilger as special policemen with authority to regulate the Legion Hall premiees and surrounding areas during the teen age dances sponsored by the Park District. The Village attorney stated the Village would nave the same liability for these special policemen as for regular police, but the Board could limit the time aiid place of tneir autnority. It would be necessary for them to come to the Police station to sign any complaints. Trustee Craig moved, seoDnded by Trustee Bootz, that the appointment of the three men be approved. After Trustee Schleicher recommended that the matter be referred to the Chief of Police and the Board of Police Commissioners for their opinions before taking any action, the mention and second were withdrawn. The matter will be on the agenda for the next meeting. A memorandum from the Chief of Police reported that two policemen had' resigned. One vacancy has been filled by the appointment of Royce Lacy, the first man on the eligibility list. The second man has refused the appointment, and the third does not wish to be appointed at this time. The manager was directed to write to the Board of Police Commissioners requesting them to make an appointment to fill the vacancy, funds being available for that purpose. President Finney reported that he had learned that Mr. Thomas Wolf, Chairman of the Board of Police Commissioners, had sold his home and will be M moving from Deerfield shortly. 1t1J President Finney read a letter from Mr. Henry Dalyrimple, who stated he W was pleased with the enlargment and improvement of the Police Department, and asked that ordinances on bicycle riding, speeding and parking in fire lanes inCthe Deerfield Commons be enforced. President Finney pointed out that the Village has cno control over traffic in the Commons. The manager was directed to write Mr. Dalyrimple, and the letter was referred to the Police Department. The manager reported that he, the Civil Defense director and Mr. Charles Caruso would attend the Civil Defense meeting at Pheasant Run on September 15th. Trustee Schleicher will also attend the meeting. A bulletin giving information on courses at the Northwestern Traffic Institute was-referred to the PoliceDepartment. A letter to the Mayor of Luedinghausen, Germany, was read regarding Trustee Raff's daughte H s trip to Europe and a visit to Luedinghausen. A copy will be sent to the Sister City Committee. A letter from the Village attorney stated that an ordinance to require certification of lot sizes by the surveyor on subdivision plats was not needed since it is already covered in the subdivision ordinance. The clerk repotted that a notice of dismissal had been received from the Illinois Commerce Commission in the application of the North Chicago - Waukegan Transit Co. Letters from the State Department of Revenue stated that the increased sales tax would be effective August 1st, and the occupation tax on September 1st. In answer to Mrs. Laura Lee Christoff's question on water rates, the manager explained that funds are accumulated from water revenues to pay for improvements to the system and $10,000 is transferred to the General Fund for rental charges. The manager reported that the Village of Glenview has leased and improved the parking lot at the Railroad station, the Village paying parking charges for residents, non- residents must pay individually. He will get full information for the next meeting. Trustee Schleicher pointed out that a larger bicycle rack is needed. There being no further business, on motion by Trustee Forrest, seconded by Trustee Schleicher, the meeting was adjourned at 11 :30 p.m. APPROVED: President ATTEST: Village Clerk'