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08/02/1976�i 43 August 2, 1976 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, August 2, 1976 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President Norma Gavin Cynthia J. Marty Edwin B. Seidman Daniel H. Stiehr Vernon E. Swanson Absent: D. Jeffrey Blumenthal 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 Seidman moved, seconded by Trustee Stiehr, that the minutes of the regular meeting held July 19, 1976 be approved as corrected. (Page 40- line 7 - delete Ayes: Swanson, line 8 - add Nays: Swanson). Motion carried unanimously. Engineer's Report The Village engineer submitted a written report on the status of engineering objectives. He said the pump equipment for Deerpath Drive has been received and will be tested; the Cranshire Court pump installation has been completed and tested. The State is not going forward with the resurfacing of traffic laned on Waukegan Road and the work will probably not be done before 1980. The resurfacing could be done by the Village but before the project is approved, the State should agree to reimburse the Village for the 40 feet of traffic lanes. He said the cost would probably be in excess of $50,000. The suggestion did not meet with the Board's approval. Regarding the reconstruction of Lake -Cook Road west of Waukegan Road, Mr. Soyka stated two lanes would be ready about September 1, including two weeks for hardeging.�of concrete. President Forrest stated there have been many complaints from businesses and manufacturing firms as a result of the construction. Gravel should be provided for temporary access to businesses and to Pine Street. He has written to the Cook County Board President asking for a timetable for the opening and completion of this road. The one -lane pavement at Soil Testing has created problems for traffic, and he asked that the barricades be moved back to give adequate warning to motorists. Officer David Turnbaugh stated he had investigated conditions at the road con - struction and the contractor had agreed to put down gravel for temporary access; how - ever the'construction people had complained about the traffic using Lake -Cook Road and asked that traffic be diverted in order that construction may proceed more expeditiously. Discussion was had on construction of the railroad crossing and it was decided that the railroad should be asked to provide a flagman or, as suggested by a resident, portable lights be used tied in with the gate circuit. Mr. Soyka will report on what can be.done at the next meeting. Mr. Soyka stated the Carriage Way bridge should be completed within 30 days. The Carlisle- Carriage Way connection may be delayed because heavy undergrowth and trees may prevent the surveyor getting in until the leaves fall. He estimated the cost to be about $37,000. The cost of the bridge and land is $133,000 less $20,000 contributed by the Blietz organization. President Forrest stated he would like to have the street in by fall. Mr. Soyka will report at the next meeting. The sewage treatment plant improvements and expansion is about six weeks ahead of schedule. The Finance department is developing a rate schedule with 75 per cent re- imbursement by the Federal Government. Approve Consent Agenda The Consent Agenda, with two deletions, was presented for consideration as follows: CONSENT AGENDA Authorization for President to sign agreement with the Illinois Department of Trans- portation for maintenance of Greenwood Avenue traffic lights. First presentation: Ordinance providing for the rezoning and resubdivision of the Cooper - Chandler property. M Authorization for President to sign and accept contract for supplemental resurfacing of various streets under Motor Fuel Tax program. Trustee Stiehr moved, seconded by Trustee Marty, that the Consent Agenda be approved. Motion carried unanimously. Table Ordinances Granting Trustee Seidman moved, seconded by Trustee Variations = Preliminary Plat Stiehr, that the ordinance be tabled granting Bauman's Sub. 1218 Wilmot variations in lot depth and size as shown & Lake Eleanor Drive on the preliminary plat of Bauman's Sub- division, 1218 Wilmot and Lake Eleanor Drive, as recommended by the Plan Commission. Motion carried unanimously. Trustee Stiehr moved, seconded by Trustee Seidman, that the ordinance be tabled granting a variation to permit a rear yard of 25 feet as shown on the preliminary plat of Bauman's Subdivision, as recommended by the Board of Zoning Appeals. Motion carried unanimously. Approve Appointments President Forrest proposed the following Bicycle Path Committee appointments to the Ad Hoc Bicycle Path Committee: James L. Fischer, Chairman, Patricia M. Nelis, Robert A. Hart, and Richard J. Buxbaum. Trustee Marty moved, seconded by Trustee Gavin, that the appointments be approved. Motion carried unanimously. Discussion -Youth Bound Discussion was had on the report from Mr. Not - for - Profit Corp. Stucko on the proposed Youth Bound not - for- profit corporation and contributions from charitable foundations. Mr. Stucko stated he did not feel that the Village should be a party to a not - for - profit corporation inasmuch as the Internal Revenue Code establishes regulations for foundations and excludes tax -free contributions to a municipality or other governmental unit. A contribution from a foundation funneled through the Village might incur a 15 per cent tax on the amount of the contribution. Contributions from the Township and Village to a not - for - profit corporation were discussed as well as payment of salaries to employees of the Village and Township, equipment and insurance coverage for persons participating in the program. Mr. Stucko stated the buses could be leased to a not - for - profit corporation, but the manager expressed concern about the Village having no control over the program. Trustee Stiehr stated he would like to see a written report on sources of funding, expenses, and how a not - for - profit corporation would work. Decision was made that the matter would be discussed at a workshop meeting with Youth Worker Tom Creighton. Discussion - Chesterfield's Resub. Plans for Solomon's Sub. (Marshall Property) plan, which retains Somerset would be one 60 ft. lot, all Mr. Fred Hillman, Chesterfield Developers, presented two plans of resubdivison of Solomon's Subdivision in an attempt to develop 9,000 sq. ft. lots. The first Avenue, can be resubdivided into 65 lots. There others having a frontage of 66 ft. or more. The second plan, with Somerset vacated, shows resubdivision into 69 lots all having frontages of 66 ft. and all but 8 having an area of 8500 to 9000 sq. ft. The loss of three lots can be made up by the savings resulting from the vacation of Somerset, which would be replaced by a 10 ft. pedestrian walk. Mr. Hillman stated he could accept this layout. Trustee Swanson stated he was concerned about the length of Stratford Road if Somerset is vacated. The pedestrian crossing would be dangerous if a too long street is approved without a break. Trustee Seidman stated there were complaints of speeding on Oakley Avenue, another two -block street. Mr. Hillman said the length of Stratford was not unusual in Deerfield and not out of character with streets in the area. He pointed out that 56 lots are im- mediately buildable in Solomon's Subdivision, the remainder would require variations. He cannot upgrade the resubdivisio.n to present minimum standards. 45 He will maintain a front yard of 25 ft. and a 15 ft. total of side yards, and will have to put in all of Prairie. The improvement of Wayne is a special case, only 30 ft. having been dedicated for street purposes. The President stated a petition for the vacation of Somerset had been filed with the Plan Commission in 1974. Acquisition of Lot 17, Hillside Subdivision, will complete Somerset from Cherry Street to Forest Avenue. Trustee Seidman said there were split votes on both the Plan Commission's recommendation for approval of the resubdivision and the Board of Zoning Appeals' recommendation for denial of variations, and he would like both boards to see the modified plans. Trustee Seidman moved, seconded by Trustee Swanson, that the matter be tabled to the next meeting and the Plan Commission be asked to review and comment on the two plans. Motion carried unanimously. P.C. Report -6 Month Extension A report from the Plan Commission recommended Lipowich's Sub. Plat Approved that the deadline for final approval of Lipowich's Subdivison be extended for a period of six months, to February 2, 1977. 00 Trustee Marty moved, seconded by Trustee Gavin, that the six month extension W be approved, as recommended by the Plan Commission. Motion carried unanimously. Trustee Seidman stated the notice sent to owners of property within 250 ft. of the Lipowich Subdivision stated nom variations were required, a deceptive statement, and suggested the wording of notices be checked by either the building or planning departments. Trustee Stiehr stated the notices are, and should be, the developer's responsibility. Ordinance -Mun. Code Amend. Trustee Stiehr moved, seconded by Trustee Marty, Add Sec. 16.601- 16.604 that the ordinance be passed amending Chapter 16 Vending Machines Licensed of the Municipal Code be adding a new Article VI (0- 76 -40) providing for the licensing of coin operated vending machines, license fees and penalties for violations. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. 1st Presentation - Ordinance The first presentation was made of an ordinance Add Class E Liquor License amending Section 15.009 of the Municipal Code by increasing the number of Class E liquor licenses to five, to be in effect at any one time. The ordinance will not be passed until the application for the Class E license is rete -Pre&. successfully processed. (corrected 9/16/76) Ordinance -Mun. Code Amend. The ordinance was presented amending Section Sec. 20.323 25 mph Speed 20.323 of the Municipal Code by adding Overland Overland & Summit Drive Trail and Summit Drive to the list of streets (0- 76 -41) where the speed limit is established at 25 miles per hour. The manager stated a speed survey conducted, by the Police Department showed that 85 per cent of the vehicles were traveling at 25 miles per hour or less. Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Swanson, that the ordinance be passed as presented. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) The President signed the ordinance indicating his approval thereof. Accept Mead Bid -$5235 Painting Village Bldgs. Only one bid was received for painting Village buildings at 850 Waukegan Road, 860 Waukgan Road, W and the two buildings at 826 Deerfield Road. Alfred Mead, Inc. submitted a bid of $5,235 for painting the four buildings. Discussion was had on the colors of paint to be used. Trustee Marty moved, seconded by Trustee Swanson, that the bid of $5,235 submitted by Alfred Mead, Inc. be accepted and paint colors of Hawthorne, Sesame and Classic Gray be approved. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) Accept Bid Pickup Truck Northside International, the only bidder, $5295 - Northside International submitted a bid of $5,985 for a 1977 pick- up truck meeting all specifications. As an alternate, a bid of $5,295 was submitted for a 1976 truck, chassis and cab meeting all specifications except three. Trustee Seidman moved, seconded by Trustee Marty, that the alternate bid of $5,295 submitted by Northside International be accepted. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) Discussion -Curb Replacement Mr. Ray Bronikowski, 740 Chestnut Street, Policy- Ray Bronikowski questioned the Village's policy of re- placing portions of curbs, and pointed out that time is spent by the contractor in moving equipment and it was probable that a better rate would be bid if larger sections of curb were replaced. He presented pictures of curbs which he said were in worse condition than those replaced. He said there are cracks in curbs at intersections which are dangerous for pedestrians and places where the sidewalk has sagged, and no backfill. The manager said curb replacement was a phased project and $5,000 was budgeted each year for this purpose. A lengthy discussion ensued on curb re- placement and it was pointed out that the work could be done by special assess- ments. Decisions on what curbs should be replaced each year are made by the Director of Public Works, who selects the most dangerous sections. Trustee Marty stated she sympathized with Mr. Bronikowski but he can ask for a special assessment. Mr. Bronikowski said he plans to replace his driveway and will include curb replacement. Decision was made that no change would be made in the Village policy on curb replacement. Authorize $325 P.W. Dept. The manager explained that Mrs. F. R. Hodges, Labor & Equip. Alley 1107 Forest Avenue, has an off - street 1107 Forest parking problem for two cars, and the best solution is to open up the unimproved alley to give access to her rear yard. Mrs. Hodges has agreed to pay $300 for gravel if Public Works employees will clear the underbrush, grade and spread the gravel in the alley at a cost to the Village of $325. Trustee Seidman moved, seconded by Trusteee Marty, that the expenditure of $325 be authorized for labor and equipment to be provided by the Public Works Department to clear, grade and spread gravel on the alley at the rear of 1107 Forest Avenue provided Mrs. Hodges will pay $300 for gravel. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) ...Accept Bid & Award Contract Trustee Marty moved, seconded by Trustee Aldridge Electric $19305.12 Gavin, that the low bid of $19,305.12 Waukegan- Greenwood Traffic Lights submitted by Aldridge Electric be accepted and the contract awarded for installation of traffic signals at the Waukegan- Greenwood intersection, a Motor Fuel Tax project, as recommended by the Village engineer. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) 4i Clerk's Reports The clerk reported that the Plat Book is being corrected to show the vacation of the alley abutting on the north and east of Block 3, Deerfield Park Land and Improvement Sub- division, which was vacated by the owners in February, 1901 before the incorporation of the Village in 1903. There have been delays in Plat Committee approval of Village subdivision plats due to personnel changes in the Lake County Public Works and staff. The Amendment to the Annexation Agreement regarding the former Strub property was approved by the Board and signed by the President on July 19th, but not signed by the property owners who are a party to the Amendment. Mr. Guy Fishman, one of the owners, has agreed to get the signatures of the owners, one of whom, James O'Halloran, is on vacation. The original Resolution approving the Amendment, the signed Amended Agreement, development and site plans, and the Ordinance amending the Special Use with development and site plans must be recorded with the Recorder of Deeds of Cook County with copies for various Cook County departments. Only the originals were signed and the only copy of the development and site plans were marked up by the Planning Department. Mr. Fishman will provide the additional copies of the site and development plans. The Agreement with Millburn Bros. on the use of 00 a part of the brickyard property was not signed by Millburn prior to approval of (o the Agreement by the Board and signature by the President, and arrangements had to be made later for signature by Millburn. The clerk strongly recommended that only signed Agreements be presented to the Board for approval. The President's signature on the Resolution regarding LEADS, passed June 21, was attested to by Marjorie Emery, not the clerk. A photocopy of the Resolution was given to the clerk several weeks later, which should have been retyped for correct wording. Approve Lease - Purchase Xerox Copy Machine two Xerox copiers. Under a 2400 Xerox copier is $6,246 year, a potential saving of period. Trustee Stiehr moved, the 2400 Xerox copy machine A report from the Village treasurer recommended the Village enter into a lease - purchase contract for a Xerox copy machine to replace the present lease - purchase contract the first year cost for the and the second to fifth year will cost $5,076 each . $10,365 on the current contract over the five year seconded by Trustee Gavin that the lease - purchase of be approved. Adopted by the following vote: Ayes: Gavin, Marty, Seidman, Stiehr, Swanson (5) Nays: None (0) Approve Foundation Height The manager reported that Variation - 1549 Wilmot to the north and south of are 7.5 feet and 6.5 feet the present ordinance allows a foundation height of 2.5 feet. recommends that a variation be granted for the house at 1549 foundation height will be in harmony with the existing nearby the height of foundations 1549 Wilmot Road above the curb, and The Village engineer ailmot Road so that the structures. Trustee Marty moved, seconded by Trustee Gavin, that the variation be granted. Motion carried unanimously. The manager reported that the house now on the post office site will be moved to Highland Park on Friday, August 6th at 10 a.m. There being no further business, on motion by Trustee Stiehr and seconded by Trustee Swanson, the meeting was adjourned at 10:27 p.m. APPROVED: President ATTEST: A / � Village Clerk