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07/17/197255 July 17, 1972 The regular meeting of the President and Board of Trustees of the Village of Deerfield was called to order by the clerk in the Council Chambers of the Village Hall on Monday, July 17, 1972 at 8:15 P.M. Upon roll call the following were Present: Albert E. Brust George Kelm Werner E. Neuman M. Jay Turner, Jr. Absent: Bernard Forrest, President Stephen M. Slavin Daniel H. Stiehr and a quorum was present and in attendance at the meeting. Also present were Messrs. Richard Houpt, Village attorney and Norris Stephen, Manager. Trustee Turner moved, seconded by Trustee Neuman, that Trustee Kelm be appointed President pro tem. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Turner, that the minutes of the adjourned meeting held July 10, 1972 be approved as submitted. Motion carried unanimously. Approve Warrant No. W -72 -7 Trustee Neuman moved, seconded by Trustee Tur- ner that Warrant No. W -72 -7, Payment of bills, including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Turner (4) Nays: None (0) Approve Consent Agenda The Consent Agenda was presented for consider- ation as follows: CONSENT AGENDA Authorization for Village Manager to attend 58th Annual ICMA Conference in Minneapolis, Minnesota, September 17, 1972 Trustee Brust moved, seconded by Trustee Turner, that the Consent Agenda be approved.- Motion carried unanimously. E.C. Water Quality Report_ A report was received from the Environmental Accept Recommendation Commission o n the water quality of the West and Middle Forks of the North Branch of the Chicago River. Tests show extensive contamination, and the Environmental Commission recommended that: 1) An informal complaint be filed with the Illinois Pollution Control Board, in order to detect and halt further sewage contamination of these streams, and 2) Warning signals be placed in areas where the public could come in contact with the streams in order to protect public health. Following discussion of possible sources of sewage contamination, Trustee Brust moved, seconded by Trustee Neuman, that warning signs be posted at Village expense and an informal complaint be filed with the Pollution Control Board as-recommended by the Environmental Commission. Motion carried unanimously. Re: Dutch Elm Disease The manager reported that President Forrest had been unable to contact Professor Smalley of the University of Wisconsin, who is on vacation, regarding a test program for treatment of elm trees with Methoxychlor and a fungicide, but would do so this week. He stated he had discussed the program with Hamer Hargrave who will treat all parkway trees (approx. 800) for $3.60 each, or scattered trees for $8.00 each. The work must be done before August 15th. Trustee Brust suggested only part of the trees be sprayed, for a comparison of loss between sprayed and unsprayed trees. Trustee Neuman suggested that no action be taken until a report is available from Park Ridge 56 on the effectiveness of the program. The matter will be on the agenda for the next meeting. Trustee Neuman asked that the Treasurer's reports show monthly cash flows in addition to cash balances. Re: Vines Planned Development In connection with the Vine's petition for Bond or Escrow approval of a planned development, a report from the Village attorney stated he had received all previous ordinances approving planned developments, and in all instances except the Gasparac Subdivision which is adjacent to church property, a bond or escrow for surface and underground future streets has been required. In his opinion this policy best serves the Village's interests, as well as the interests of owners of interior lots. The Vine's attorney presented a petition signed by owners of interior lots, stating they were opposed to the proposed street. He questioned whether the Village has the right to require a bond or cash escrow of $6,000 when it is not known when, if ever, a street will be constructed. Discussion was had on the proposed Vines Resubdivision and dedication of 30 ft. for a future street. The Vine's attorney stated they were willing to dedicate right -of -way for the steet, and if there were plans for the street to go in within a reasonable time, there would be no objection to the escrow; however, it would be a real hardship to tie up $6,000 for an unlimited period of time for a future street that may never be constructed. The establishment of a time limit for bonds or escrows required in an R -1 -B planned development was discussed. Trustee Brust moved, seconded by Trustee Neuman, that the Village attorney be directed to draft an ordinance setting a 10 year time limitation on escrows in an R -1 -B district, the said ordinance to be referred to the Plan Commission for a public hearing. Motion carried unanimously. Discussion - Retention Ponds The manager reported he had discussed data Sewer Cleaning & Inspection on flood retention basins north of the Village with Mr. William Byers of the North Shore Sanitary District, and had requested additional information from the North- eastern Illinois Planning Commission Water Resources Management and the Soil Conservation Service. Trustee Stiehr entered the meeting at 8:55 P.M. and was present thereafter. Discussion was had on the effectiveness of retention basins in alleviating flooding of streams. Dr. Sundin of Baxter and Woodman and Trustee Stiehr stated that during the present heavy rainfall, streets were flooded in various areas, and the receiving streams'levels were low. Trustee Stiehr questioned the efficacy of retention basins, pointing out the Baxter basins were 80% complete, but flooding was occurring in the We -Go Park area. Trustee Neuman stated if sewers flow freely, flooding of streets should be lessened; however, if streams are full or overflowing flooding will occur. A report from Public Works Director Klasinski estimated the first year cost for an annual cleaning of all sewers to be $144,800 for salaries, equipment and materials. Trustee Neuman stated he had not recommended that every foot of sewers be cleaned every year; all sewers should be inspected each year and cleaned where needed. After data is accumulated on where the problem areas are, some may require inspection every six months, while others may be inspected every two or three years. He suggested that an additional sewer maintenance crew working for three to six months would provide sufficient information to determine the effectiveness of the program. Authorize Hiring 2 Men Trustee Neuman moved, seconded by Trustee for Sewer Maintenance Brust, that the Board authorize the Public Works Dept. to hire an additional two -man work crew to implement the inspection and cleaning program on the sanitary and storm sewer system; the Public Works Director to report on the results at the meeting closest to Nov. 15, 1972. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Stiehr, Turner (5) Nays: None (0) 57 Mr. Klasinski stated he would give weekly progress reports, and the overall report in November. Trustee Brust suggested the Budget be amended to provide the $12,000 required for the additional sewer maint. crew. The manager will check availability of funds and report at the next meeting. Re: Flood Insurance The Village attorney reported that additional information had been requested from H.E.W. but had not yet been received, and therefore he had not prepared the ordinance relative to flood insurance. The ordinance will be available for the next meeting. 1st. Presentation - Ordinance The first presentation was made of an Storm Water Retention ordinance amending the Municipal Code by adding a new Section 24.322, entitled "Storm Water Detention ", and setting forth requirements therefor. Trustee Neuman stated the Ordinance would have limited affect, but enactment would give added leverage in requesting the adoption of similar ordinances by Lake County and Municipalities to the north. Re: New Force Main Discussion was had on the proposed larger force main from the East lift station and its effect on alleviation of flooding problems. Dr. Sundin agrees with Trustee Neuman, who stated that both repair of the East side sanitary sewer and additional pumping capacity and the larger force main were necessary for relief. Authorize Citizens' Sewer A memorandum from Trustee Brust was read in Imp. Advisory Committee which he proposed the appointment of a Citizens' Sewer Improvement Advisory Committee, Trustee Kelm as temporary chairman, to develop special programs to be submitted to the Board for approval. He gave as examples of the types of activities the committee could undertake the following: 1) Develop an action plan for homeowners direct- ed at immediate short term flood relief; publicize, impress, conduct area meet- ings, go door -to -door if necessary; 2) When invited, inspect homes, advise owners in such matters as splash- blocking downspouts, etc.; 3) Promote improve- ment of drainage ditches; petitionresponsible commissions; 4) Promote flood control legislation at County and State levels - acquisition of flood control basin sites, ordinances to control run -off from future developments; and 5) Work for approval of bond issue to finance improvements to Village sanitary and storm sewer systems. After discussion of the functions of the proposed committee, Trustee Kelm moved that Item 1 be stricken. Motion failed for lack of a second. Trustee Neuman moved, seconded by Trustee Turner, that appointment of Citizens' Sewer Improvement Advisory Committee be authorized to consist initially of six members, the Committee to elect its own Chairman, to undertake the res -ponsi- bilities that the Board will designate to it falling within the functions outlined in Trustee Brust's memorandum. Motion carried unanimously. Trustee Neuman recommended that the Board form a subcommittee to study and recommend means of financing sewage treatment plant improvement and correction of the sewer system. The subcommittee would investigate Federal and State grants, Special Assessments, General Obligation and Revenue Bonds. This matter will be on the agenda for the next meeting. Sightline Ordinance Tabled Trustee Brust reported that the Chairman of to 2nd. meeting August the Safety Council could not be present and had asked that consideration of the proposed Sightline Ordinance be deferred until August. Decision was made that the proposed ordinance.will be put on the agenda for the second meeting in August. Ord. Special Use Trustee Brust moved, seconded by Trustee 110 Waukegan Rd.(DiPietro) Neuman, that the Ordinance be passed authoriz- (0-72-41) ing a special use at 110 Waukegan Rd. for an automobile accessory store (Firestone Service Center) and a'contractor's office (Pile Swimming Pool Co.), as requested by James DiPietro. Adopted by the following vote Ayes: Brust, Kelm, Neuman, Stiehr, Turner (5) Nays:; None (0) The President pro tem signed the ordinance indicating his approval, thereof. )8 Report - Health & Hospitali- A report from the Manager listed three altern- zation Insurance for Retired atives regarding health and hoapitalTzatton or Disabled insurance coverage for retired or disabled employees, as follows: 1) Terminate Village's payment for coverage upon retirement or disability, giving full information needed to obtain coverage on a direct basis; 2) Continue to pay for group coverage for the individual, billing monthly for one half family coverage; 3) Pay for coverage of the employee and one half for family on an individual basis, with a decision on what portion of costs Village should pay if premium differs from cost for group coverage. Trustee trust moved, seconded by Trustee Turner, that the Manager develop cost figures for option 3 above for employees with 15 years or more employment. Trustee Neuman moved, seconded by Trustee Stiehr, that cost figures for option 2 be developed also. Motion carried unanimously. The motion as amended was adopted by the following vote: Ayes: Brust, Neuman, Stiehr, Turner (4) Nays: Kelm (1) Adopt Resolution Trustee Stiehr moved, seconded by Trustee Approving Annexation Turner, that the Resolution be adopted approv- Agreement - United ing the Annexation Agreement between United Conveyor (R- 72 -16) Conveyor Corporation and authorizing execution of said agreement. The meeting was recessed at 10:20 P.M. and reconvened at 10:35 P.M. Trustee Brust moved, seconded by Trustee Neuman, that, on Page 7 of the Agreement, the phrase, "subject to the approval of the Illinois Environ- mental Protection Agency" be added at the end of the second sentence in the paragraph pertaining to the municipal sanitary sewer system. Motion carried unanimously. Discussion was had on Paragraph 5 -F of the Annexation Agreement pertain- ing to leasing. Trustee Brust moved that paragraph 5 -F be deleted. The motion failed for lack of a second. Trustee Neuman moved, seconded by Trustee Kelm, that the phrase "subject, however, to the provision of paragraph 5 -D (lighting) which shall be included in any lease to be executed hereunder," shall be added. The Resolution, with the amended Annexation Agreement, passed with the following vote: Ayes: Brust, Kelm, Neuman, Stiehr, Turner (5) Nays: None (0) Ordinance Annexing The Village attorney stated the United Conveyor United Conveyor Tract Corporation had filed petitions for annex - (0- 72 -42) ation of the following described property to the Village and Deerfield Park District: That part of the South East Quarter of Section 31, Township 43 North, Range 12, East of the 3rd P.M., described as follows: Commencing at a point 100 rods North of the South East corner of said Section; thence North 30 rods; thence West 80 rods';-thence South 30 rods; thence East 80 rods, toIthe place of beginning, in Lake County, Illinois Trustee Turner moved, seconded by Trustee Stiehr, that the rule be waived to permit action on the said ordinance at its first presentation. Motion carried unanimously. Trustee Turner moved, seconded by Trustee Stiehr, that the Ordinance be passed. Adopted by the following vote: Ayes: Brust, Kelm, Neuman, Stiehr, Turner (5) Nays: None (0) The President protem signed the ordinance indicating his approval thereof. 1 '1 Approve Final Plat The final plat of the Stryker Subdivision Stryker Sub.. was presented for consideration with a letter from Wessley A. Stryker dated June 29, 1972, granting the Village an option to purchase Lot 3, for a period terminating July 10, 1974, setting forth the method for determining the purchase price of the said Lot 3, and further, granting the Village the right of first refusal for an additional period terminating July 10, 1977; the said Agreement to terminate immediately if adjoining property to the East (Regency) is rezoned by the Village or the Court for Multiple Family development. Trustee Stiehr moved, seconded by Trustee Turner, that the final plat of the Stryker Subdivision with the variation in lot widths be approved as presented with the option to purchase and refuse as presented in the letter dated June 29, 1972. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Turner (4) Nays: Brust (1) Authorize Application Extension & Connection Sewer Permit connection to the %V.illage's Trustee Stiehr moved, seconded by Trustee Turner, that the President be authorized to sign the application to the Environmental Protection Agency for the extension and sanitary sewer system. Motion carried unanimously. Hyper -Video Cable T.V. Representatives of Hyper -Video of Highland Franchise Presentation Park presented a detailed proposal for a franchise for-Cable Television for Deerfield, a franchise fee of 3% of the gross local revenue to be paid to the Village. The monthly charge for service would be $6.00. Information was given on new FCC regulations which will require some local programming. Trustee Brust left the meeting at 11:40 P.M. It was pointed out that several other firms had expressed interest in a cable TV franchise, and these should be notified, as well as the High School. Hyper -Video will have equipment at the next meeting for inspection, and the matter will be on the agenda for the next meeting. The company will also provide an ownership list. Table Sears Tower Pre- An invoice was received for costs of the sentation Costs presentation material.prepared for the Sears Tower Suit, with a'letter from the Village of Skokie that Deerfield pay one third, or $941.87. The Village attorney stated Northbrook had proposed that the costs be shared on a population basis. Decision was made that this matter be tabled until the next meeting. Approve Payment $204.14 The real estate tax bill on the Yous property R.E. Tax - Yous property on Park Avenue which was acquired by the Village having been prorated, Trustee Neuman moved, seconded by Trustee Stiehr, that payment of $204.14 be approved from the contingency fund of the Village Board and Clerk budget. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Turner (4) Nays: None (0) 1st. Presentation - Ord. The first presentation was made Library Parking lot, as requested by lobby bulletin board. amending the Municipal Code by regulations for parking in the the Library Board. The ordinance has been of an ordinance setting forth library parking n posted on the .59 Approve Grant Application Trustee Stiehr moved, seconded by Trustee Commun. Serv. Intern Turner, that the Board approve and authorize execution of the application for a grant for the Com¢nunity Services Intern Program. Motion carried unanimously. Table C.D. Personnel & Trustee Stiehr moved, seconded by Trustee Administration Funding Turner, that consideration of the Civil Defense Personnel and Administrative Fund- ing proposal be tabled until the next meeting. e Motion carried unanimously. 1st. Presentation - Ord. The first presentation was made Library Parking lot, as requested by lobby bulletin board. amending the Municipal Code by regulations for parking in the the Library Board. The ordinance has been of an ordinance setting forth library parking n posted on the .59 (� 0 Table Bid Award As proposed by the Village attorney, Trustee Recodification Neuman moved, seconded by Trustee Turner, con- sideration of bids for recodification of the Municipal Code was tabled until the attorney has had an opportunity to review the bids. Motion carried unanimously: Accept Casey Equip. Bid Bids having been received for a rubber tired Paver - $3,975 truck mounted paver, Trustee Neuman moved, seconded by Trustee Stiehr, that the bid of Casey Equipment Company, Inc. in the amount of $3,975.00 be accepted. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Turner (4) Nays: None (0) Table Bids Front End Loader Bids for a rubber tired articulated front end loader having been received, the manager recommended that the bid of D.D. Kennedy Co. be accepted in the amount of $25,225 for an Allis - Chalmers loader, model 545 -B. He stated it was not the low bid, but the company provides excellent service and has given maintenance and equipment to the Village without charge. Discussion was had on whether the Board should accept any bid on any other basis than costs. Trustee Neuman suggested that before accepting any bid, the manager give cost data over the expected life of the gquipment. Trustee Stiehr moved, seconded by Trustee Turner, that the bid of D.D. Kennedy Co. be accepted for model 545 -B. Trustee Neuman then stated he could not vote for acceptance of the bid on the basis of present information and moved that the matter be postponed to the next meeting. Seconded by Trustee Turner, and carried unanimously. Accept Sunniday Bid Police Car = $3873 Department which is partia to any action of the bids, manager stated the car was car due to an accident. The Manager recommended acceptance of the bid submitted by Sunniday Chevrolet in the amount of $3873.00 for a car for the Police Lly funded by a grant. Trustee Neuman objected since the matter was not on the agenda. The needed since the Police Department is short one Trustee Turner moved, seconded by Trustee Stiehr, that the bid of Sunniday Chevrolet in the amount of $3873.00 be accepted. Adopted by the following vote; Trustee Neuman's Pass vote being counted with the majority: Ayes: Kelm, Stiehr, Turner (4) Nays: None (0) Pass: Neuman (1) Approve Payments - Trustee Neuman moved, seconded by Trustee Paul Box, $169.50 Turner, that payment of $169.50 to Paul Box Harland Bartholomew,$1596.85 Associates and $1,596.85 to Harland Bartho- lomew and Associates be approved for services in connection with the Shepard - Melchiorre law suit. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Turner (4) Nays: None (0) Table Gardner Bill until the next meeting. Motion 4 Table Village Engineer Proposal until the next meeting. Motion Trustee Neuman moved, seconded b.y.Trustee Turner, that the Carl Gardner bill be tabled carried unanimously. Trustee Turner moved, seconded by Trustee Stiehr, that consideration of the proposal for employment of a Village engineer be tabled carried unanimously. L 1 Resolution Approving Trustee Neuman moved, seconded by Trustee Purchase Piersen Progert .., Turner, that a Resolution be adopted approv- (R- 72 47) ing the purchase of the Piersen property, to formalize'the informal action taken at the last meeting. Adopted by the following vote: Ayes: Kelm, Neuman, Stiehr, Turner (4) Nays: None (0) The proposed Central Business Parking Fund will be on the agenda for the next meeting. A meeting with the Chief of Police will be arranged to discuss structure of the Department, as he has requested. The Manager was asked to get costs on a chopper for diseased elm wood, which should result in saving in disposal costs. Trustee Neuman moved, seconded by Trustee Turner, that the Village attorney prepare an ordinance to eliminate conflicts between the Fair Housing law and the Village ordinance. Motion carried unanimously. There being no further business, on motion by Trustee Neuman and seconded by Trustee Stiehr, the meeting was adjourned at 12 :45 A.M. ATTEST: Village Clerk Li APPROVED: President hl