04/29/1974April 29, 1974
The adjourned 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, April 29, 1974 at 8:30 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.
Werner E. Neuman
Daniel H. Stiehr
Absent: None
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, manager.
Trustee Moses moved, seconded by Trustee Stiehr, that the minutes of the
meeting held April 8f;. 1974 be changed as follows, as requested by Mrs. Cynthia Marty,
Plan Commission Chairman: Page 8, strike last line of second paragraph pertaining to
Laurel Hill Unit 9, Phase I; substitute "The three non - conforming lots referred to in
the Plan Commission's recommendation - if included in Unit #9 - would then make the
entire Unit over five acres and subject to the requirements of the storm water deten-
tion ordinance ".
Motion carried unanimously.
Trustee Moses moved, seconded by Trustee Gavin, that the minutes of the regular
meeting held April 15, 1974 be approved as submitted. Motion carried unanimously.
Approve Consent Agenda The Consent Agenda, with several items deleted,
was presented for consideration, as follows:
CONSENT AGENDA
Ordinance amending:Section 20.501 of the Municipal Code; prohibit parking or standing
on south side of Sunset Court.-and north side of Sunset Court between 10:00 a.m.
and noon. (0- 74 -22)
Ordinance to adopt a Salary Administration Program and to establish compensation of
employees for the year 1974 -1975. (0- 74 -23)
Ordinance approving a Planned Development of Lot 50, Hovifand Subdivision and approval
of final Plat of Resubdivision (Chesterfield's Laurel Hill 3 -A). (0- 74 -24)
Ordinance vacating Roskamp.'s Resubdivision including the dedication for public purposes
with Plat of Vacation attached. (0- 74 -25)
Authorization to release escrow funds for a partial payment of $6,034.40 to W. T. Bowler
& Associates for work completed in Chesterfield" s''Laurel Hill Unit V.
Authorization to release escrow funds for final payment of $385.52 to W. T. Bowler &
Associates for work completed in Chesterfield's Laurel Hill -Unit #8.
Authorization to release escrow funds for a partial payment of $4,124.70 to W. T. Bowler
& Associates for work completed in Chesterfield's Laurel Hill Unit #9.
Resolution appropriating $122,000 of Motor Fuel Tax funds for street maintenance for
the year January 1, 1974 to December 31, 1974. (R -74 -5)
Referral of request for vacation of a p'o'rtion of Somerset Avenue to Plan Commission.
Resolution approving Implementation Plan for the North Branch of the Chicago River,
prepared by Soil Conservation Service of the U.S. Department of Agriculture.
Authorization for attorney to prepare an ordinance amending Section 18.203 of the
Municipal Code to permit the use of plastic containers having a capacity of
45 gallons.
Approval of Urban Mass Transit Agreement regarding assumption of 13C liability for
Parking Lot Grant.
Trustee Stiehr moved, seconded by Trustee Moses, that the rules be waived to
Wei
permit action on the ordinance pertaining to parking on Sunset Court at its
first presentation. Motion carried unanimously.
Trustee Neuman moved, seconded by Trustee Moses, that the term "12:00 P.M."
in the above ordinance be corrected to read "12:00 noon ". Motion carried
unanimously.
t
Trustee Kelm moved, seconded by Trustee Moses, that the Consent;Agenda
be approved, including passage of the above- listed ordinances. Adopted by the
following vote:
Ayes: Gavin, Kelm, Moses„ Neuman, Stiehr (5)
N ays: None (0)
The President signed the ordinances indicating his approval thereof.
Reject Sidewalk Bid Village engineer James Soyka reported that
_
Readvertise + Curb & Gutter only one bid had been received on side-
walk construction. Franzese Construction
Co. submitted a bid of $1.30 per sq. ft. of sidewalk. He stated it was his
opinion, based on prior performance, that the bidder was not qualified. He
recommended that the bid be rejected and that sidewalk bids be combined with the
Central Business District curb and gutter and readvertised.
Trustee Neuman moved, seconded by Trustee Gavin, that the engineer's
recommendation be accepted, the bid be rejected, and sidewalk bids be readver-
tised combined with bids for curb and gutter replacement.
Motion carried unanimously.
Accept Bid - Bolander Const. Mr. Soyka reported that four bids had been
$21170.15 - Wilmot /Deerfield received for Wilmot /Deerfield Road improve-
Improvement MFT 36 -TL -CS ment, MFT 36- TL -CS. A bid of $21,170.15
was submitted by Eric Bolander Construction
Company, the low bidder, and he recommended its acceptance.
Trustee Kelm moved, seconded by Trustee Neuman, that,, .the bid of $21,170.15
submitted by Eric Bolander Construction Company.,be acepted:, Adopted by the
f ollowing vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
Trustee Neuman moved, seconded by Trustee Stiehr, that execution of the
contract with Eric Bolander Construction Company be authorized without further
Board action, with the approval of the attorney and engineer.
Motion carried unanimously.
Table Ordinance - Laurel Hill Sub. The ordinance approving the Planned Develop-
Unit #9 - Phase I ment of Chesterfield's Laurel Hill Subdivision,
Unit #9, Phase I,,was presented. Mr. Fred
Hillman of Chesterfield Development stated he had been unable to get all tAe
necessary signatures required for the entire Unit #9, and he will file a petition
with the.Board of Zoning Appeals for a hearing on a variation in lot size. He
asked the Board to pass the ordinance in order that he may be able to proceed
with the development of Phase I, Unit #9.
Trustee Moses pointed out that the ordinance stated "having filed" a
p etition.with the Board of Zoning Appeals, and this has not been done. Mr.
Hillman stated he would follow through on this matter.
Trustee Moses moved, seconded by Trustee Kelm, that the ordinance be
tabled until a report is received from the Board of Zoning Appeals. Adopted by
the following vote:
Ayes: Gavin, Kelm, Moses, Neuman (4)
Nays: Stiehr (1)
Atty. to File Appearance Mr. Stucko stated a law suit had been filed
Chesterfield-Lanning Suit by Chesterfield Development Corp. vs.
Catherine B. Lanning, Chicago Federal Savings
& Loan Association and the Village of Deerfield for the purpose of getting the
Court to partition the East 150 feet of Lot 38, Hovland Subdivision, Catherine
B. Lanning being the owner of an undivided half interest in the premises. There
1
r
21
are outstanding Special Assessments on Lot 38, and that is probably why the Village
is named as a Defendant.
Trustee Moses moved, seconded by Trustee Kelm, that the attorney be authorized
to file an appearance on behalf of the Village and he keep informed on the suit.
Adopted by the following vote:
Ayes: .Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0) .
S.C. Report- Montgomery In connection with a request for no parking on
West of King Richard's Ct. King Richard's Court, the Safety Council recommended
No Parking that: 1) No Parking signs be erected on both sides
of Montgomery Road west of King Richard's Court
including the lane into the school; 2) On the Park District - School sign, an arrow be
placed on the remaining board indicating the lane to the parking lot; and 3) Request
the Baseball Association to notify parents and participants of this restriction and
request their cooperation.
It was pointed out that the Village could prohibit parking on Montgomery Road
west of King Richard's Court only for the depth of two lots, the remainder of the
property, included in the Safety Council's recommendation being owned by the Park
D istrict.
Trustee Moses moved, seconded by Trustee Stiehr, that the attorney be authorized
to prepare an ordinance prohibiting parking on both sides of Montgomery Road west of
King Richard's Court, and a letter be sent to the Park District requesting that the
No Parking signs and the arrow be erected as recommended by the Safety Council.
Motion carried unanimously.
Trustee Kelm moved, seconded by Trustee Stiehr, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Discussion was had on proposed water and sewer rates increases,as stated in the
Budget Message, and Trustee Neuman proposed the following changes.since it is not
known at present what rates will be established: Second paragraph, regarding sewer
rates, delete last two sentences; Third Paragraph to end with "53� ". The President
will make these changes.
Trustee-Kelm moved, seconded by Trustee Moses, that the ordinance be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
Trustee Neuman asked that per capita costs be added to pages 2, 3 and 4.
The President signed the ordinance indicating his approval thereof.
Tax Levy Ordinance The ordinance was.presented levying taxes for
(0- 74 -27) corporate purposes for the year May 1, 1974 to
April 30, 1975.
Trustee Stiehr moved,.seconded by Trustee Neuman, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried unanimously.
• Trustee Neuman moved, seconded by Trustee Stiehr, that the ordinance be passed.
Discussion was had on the amount to be levied in order to receive the maximum
amount permitted by law, since it is not known what the assessed valuation will be.
Trustee Neuman moved, seconded by Trustee Kelm, that the levy for General
Corporate Purposes be increased from $,275;000,to $300,000. Motion carried unanimously.
S.C. Report - Maintain Stop Sign
A report from the
Safety Council recommended that
M eadowbrook & Margate
the Stop Sign for
westbound traffic at the Meadow -
brook /Margate intersection be maintained.
Trustee Neuman stated the
Stop Sign is authorized
by an existing ordinance and
therefore no,••acition is, necessary:.:;
Ordinance Adopting Annual
The ordinance was
presented approving and adopting
Budget for 1974 -75
the annual Budget
for the fiscal year May 1, 1974
(0- 74 -26)
to April 30, 1975.
Trustee Kelm moved, seconded by Trustee Stiehr, that the rules be waived to
permit action on the ordinance at its first presentation. Motion carried unanimously.
Discussion was had on proposed water and sewer rates increases,as stated in the
Budget Message, and Trustee Neuman proposed the following changes.since it is not
known at present what rates will be established: Second paragraph, regarding sewer
rates, delete last two sentences; Third Paragraph to end with "53� ". The President
will make these changes.
Trustee-Kelm moved, seconded by Trustee Moses, that the ordinance be passed.
Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
Trustee Neuman asked that per capita costs be added to pages 2, 3 and 4.
The President signed the ordinance indicating his approval thereof.
Tax Levy Ordinance The ordinance was.presented levying taxes for
(0- 74 -27) corporate purposes for the year May 1, 1974 to
April 30, 1975.
Trustee Stiehr moved,.seconded by Trustee Neuman, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried unanimously.
• Trustee Neuman moved, seconded by Trustee Stiehr, that the ordinance be passed.
Discussion was had on the amount to be levied in order to receive the maximum
amount permitted by law, since it is not known what the assessed valuation will be.
Trustee Neuman moved, seconded by Trustee Kelm, that the levy for General
Corporate Purposes be increased from $,275;000,to $300,000. Motion carried unanimously.
L �\
Trustee Neuman then moved, seconded by Trustee Kelm, that the levy
for Street and Bridge purposes be increased from $110,000 to $120,000.
Motion carried unanimously.
The ordinance, including changes, was passed by the following vote;
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ay: None (0)
The ordinance with approved changes will be prepared for the President's
a pproval.
Ordinance- Manager's Salary The ordinance to establish the compensation
(0- 74 -28) of the Village manager for the year 1974 -75
was presented.
Trustee Moses moved, seconded by Trustee Gavin, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Stiehr, moved, seconded by Trustee Kelm, that the ordinance be
p assed .
Trustee Moses moved, seconded by Trustee Gavin, that the compensation of
the Village manager be changed from $31,185 to $28,350. Motion carried unani-
m ously. .
The ordinance, as amended, was passed by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
Nays: None (0)
The President signed the ordinance indicating his approval thereof.
Ordinance -St. & Bridge Levy The ordinance relative to tax levies for
(0- 74 -29) street and bridge purpgses* was presented.
Trustee Moses moved, seconded by TrusPee•.Kelm,o,that the,rul,es be waived
to permit action on the ordinance at its first presentation. Motion carried
u nanimously.
Trustee Kelm moved, seconded by Trustee Moses, that the ordinance be
passed as presented. Adopted by the following vote:
Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5)
N ays: None (0)
The President signed the ordinance indicating his approval thereof.
Trustee Neuman stated it had been brought to his attention that the
option to purchase the lot for the extension of Sunset Court would expire this
year. President Forrest stated this matter had been referred to the Plan
Commission. Trustee Neuman also stated that plans for construction of the
King's Cove bridge should be considered within the next year inasmuch as
$20,000 will be contributed by the Blietz organization if construction is started
or contracts let before March, 1976.
Reconsider Ord. No. 0-,74-21 Mr. Stucko stated that two ordinances were
Zoning Amend. Hearing Fees passed at the April 15, 1974 meeting pert -
Ordinance Failed aining to hearing fees; the first was an
amendment to the Municipal Code and the
second amended the Zoning Ordinance. The Zoning amendment should have been
referred to the Plan Commission. In addition, several corrections will be
r equired.
Trustee Moses moved, seconded by Trustee Kelm, that,Ordinance No. 0- 7421,
pertaining to hearing fees, be reconsidered,�j Motion,carrigd unanimously.
Trustee Neuman moved, seconded by Trustee Moses, that the ordinance be
passed on reconsideration. The motion failed by the following vote:
Ayes: None (0)
Nays: Gavin, Kelm, Moses, Neuman,,Stiehr (5)
Trustee Moses moved, seconded by Trustee Neuman, that the matter of
Hearing fees be referred to the Plan Commission. Motion carried unanimously.
Resolution-Request Co. Board
Implement S.B. 138 Re: Taxes
(R -74 -7)
as penalty dates for installment
following vote:
1
Trustee Neuman moved, seconded by Trustee Moses,
that the Resolution be adopted requesting the
County Board to take action to implement Senate
Bill #138 which establishes March 1 and August 1
payment of real estate taxes. Adopted by the
Ayes: Gavin, Kelm, Moses, Neuman (4)
N ays: Stiehr (1)
B & W Infiltration /Inflow Discussion was had with Dr. H. S. Sundin on the
Analysis to EPA infiltration /inflow analysis of sewers prepared
by Baxter & Woodman.
Trustee Neuman moved, seconded by Trustee Moses, that the report be approved
and its submission to the Environmental Protection Agency be authorized.
Motion carried unanimously.
Authorize Execution - Permit
for Storm Sewer Outlets
Trustee Moses.moved, seconded by Trustee Gavin,
that the President be authorized to execute the
acceptance of the Permit from the Division of
Waterways for the construction of three storm sewer outlets on the West Fork of the
North Branch of the Chicago River.
Motion carried unanimously.
Discussion -Loan to °Union Mr. Richard Buxbaum, Commissioner of Union
Drainage District No. 1 Drainage District No. 1, stated that Court
approval of the assessment for work on the ditch
had been blocked by Mr. Paul Hamer, a property owner, who as asked that all property
b enefitted by the improvement be annexed to the District.* Trustee Neuman stated
the Board in January had voted to advance up to $25,OOO.to the Commission for the
work, to be repiad when funds are received by the Commission.
Trustee Kelm pointed out that if repayment is not possible because the Court
has not approved the assessment, residents on the East side of the Village will
b e paying, for',the'limprovefftents - 6n-the East ditch and also for the West ditch, . and
will bear a double burden. I
Mr. Buxbaum stated that the money lent by the Village would.be expended only
for ditch cleaning within the Village, approximately 40 per cent of the District,
After further discussion, Trustee Neuman moved, seconded by Trustee Gavin, that
the Finance Director be authorized to disburse up to $25,000 in a loan to Union
Drainage Ditch No. 1 for use in ditch cleaning work as per the plans dated January 15,
1973 from the General Fund surplus, to be repaid in 12 months.
Trustee Stiehr, stated he would have no objection to the loan if the Court
had approved the assessment, and there should be some documents to review before
t aking action.
Trustee Neuman moved, seconded by Trustee Gavin, that the vote on his previous
motion be postponed, the Village attorney to consult with the attorney for the
Commission on details of the notes-and a legal opinion on the matter.
Motion carried unanimously.
Re:_BOD Composite'Samples A report on a BOD Composite Sample taken April 19,
1974 was received from Public Works Director Ed
K lasinski, which showed a population equivalent of 11,319, and a propulation equivalent
of 84 for Sara Lee. Discussion was had on the wide variation in test results and
possible reasons for this variation.
President Forrest suggested that Mr. Klasinski consult with Dr. Sundin and
stated he would like several additional tests run before the next meeting. The
V illa& engineer suggested it might be possible to rent a sampling machine, and the
Board approved this suggestion.
Authorize Ordinance -Truck Trustee Moses asked that the question of banning
Ban, Deerfield Rd, trucks with a height more than 12 ft. 2 in. be
put on the agenda for the next meeting. He stated
that the Village of Riverwoods..has_ indicated they would like to ban these large trucks
also, and the "Toll Road /has agreed to put up an appropriate sign.
Commission