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09/07/1965 (2)263 September 7, 1965 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 7, 1965 at 8 :10 p.m. The clerk called the roll and reported the following were Present: H. Ross Finney, President Raymond L: Craig Bernard Forrest Charles H. Raff George P. Schleicher Ellis W. Smith Absent: James M. Wetzel and that a quorum was present and in attendance at the meeting. Mr. Norris Stilphen, manager, was also present. Motion carried unanimously. Appoint Richard V. Houpt The President appointed Mr. Richard V. Houpt to Village Attorney the office of Village attorney. Trustee Forrest moved, seconded by Trustee Raff, that the appointment be confirmed. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Mr. Houpt accepted.the appointment, and was seated as legal advisor to the President and Board of Trustees. Discussion - 'Audit Report Mr. Albert Cleven, representing Wolf and Company, Auditors for the Villagg, answered questions regarding the Audit report. He stated the Village's finances were in good condition, and controls and procedures were adequate for a municipality the size of Deerfield. In connection with surplus Special Assessment funds in several warrants, he stated a ,suit had been filed by the City of Park Ridge to determine to whom such surplus finds-'should be paid. He recommended that no payments be made from these funds until a decision is handed down by the Court. Authorize Transfer $28310.54 Following discussion of an excess of $56,621,08 to Water Impr. t Ext.. fund in water revenues over expenditures for the year ended April 30, 1965, Trustee Smith moved, that the Board authorize the transfer of $28,310.54 to the Water Improvement and Extension Fund, this amount being 50 per cent of the surplus. Seconded by Trustee Schleicher, and adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Trustee Schleicher commended Mrs. Ann Olesak for her excellent work in presenting financial reports through the years, and with the annual Treasurer's report and the Audit, gives a complete picture of the flow of funds into and out of the Village accounts. The meeting was recessed at 8 :40 p.m. for a meeting of the Board of Local Improvements. The meeting was re- convened at 8 :50 P.M. Moved by Trustee Craig, seconded by Trustee Raff, that•the'.minutes',of the regular meeting held August 16, 1965 be approved as submitted. ifs eC Motion carried unanimously. V V Accept Resignation - Matthews President Finney reported he had received a Village Attorney letter of resignation from Mr. Byron Matthews, attorney for the Village, effective September 1, 1965. Trustee Raff moved, seconded by Trustee Forrest, that Mr. Matthews resignation be accepted. Motion carried unanimously. Appoint Richard V. Houpt The President appointed Mr. Richard V. Houpt to Village Attorney the office of Village attorney. Trustee Forrest moved, seconded by Trustee Raff, that the appointment be confirmed. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Mr. Houpt accepted.the appointment, and was seated as legal advisor to the President and Board of Trustees. Discussion - 'Audit Report Mr. Albert Cleven, representing Wolf and Company, Auditors for the Villagg, answered questions regarding the Audit report. He stated the Village's finances were in good condition, and controls and procedures were adequate for a municipality the size of Deerfield. In connection with surplus Special Assessment funds in several warrants, he stated a ,suit had been filed by the City of Park Ridge to determine to whom such surplus finds-'should be paid. He recommended that no payments be made from these funds until a decision is handed down by the Court. Authorize Transfer $28310.54 Following discussion of an excess of $56,621,08 to Water Impr. t Ext.. fund in water revenues over expenditures for the year ended April 30, 1965, Trustee Smith moved, that the Board authorize the transfer of $28,310.54 to the Water Improvement and Extension Fund, this amount being 50 per cent of the surplus. Seconded by Trustee Schleicher, and adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Trustee Schleicher commended Mrs. Ann Olesak for her excellent work in presenting financial reports through the years, and with the annual Treasurer's report and the Audit, gives a complete picture of the flow of funds into and out of the Village accounts. The meeting was recessed at 8 :40 p.m. for a meeting of the Board of Local Improvements. The meeting was re- convened at 8 :50 P.M. 264 President Finney stated the report from the Zoning Board of Appeals on the Vetter variation request had not beenr:received. Mr. Richard Ross, attorney for the pd-.titioner, asked f.dr_a report at the next meeting. Defer Carriage Walk Removal A report was received -ifrom the 1100 Montgomery- Caruso Building Commissioner recommending.. that the 3 ft. carriage walk at IIOO?dontgomery Drive not be removed at this time, and suggesting that a connecting walk be constructed at Village expense between the carriage walk and the sidewalk to the north. This solution is acceptable to the owner, Mr. Charles Caruso, who will re- locate plantings this fall. Discussion was had on this proposal. It was the Board's decision that the carriage walk remain, and no connecting walk be constructed since -it would serve only one property; when the Clavey property to the south is developed, the carriage walk will be removed and a five ft. sidewalk constructed at Village expense. The Village attorney wa Special Assessment, which will 1st Presentation - Ordinance Zartler Annexation in the NE U4 of the NE 1/4 of the 3rd P.M. s asked to review the proposed Hovland be taken up at the next meeting. The first presentation was made of the ordinance for the annexation of the Zartler property on Wilmot Road Section 30, Twp. 43 N, Range 12, E of Re: Greenwood Traffic Check A report was received from the Chief of Police giving the results of a traffic count on Greenwood Avenue by radar checking for 14 hours during a period of over two weeks, and showing that 8 citati6ns::were issued for violations of the posted speed. It was the opinion -of Board members that speeding violations were probably no more numerous on Greenwood than on other Village streets, however the large volume of ,the-fa¢tthere are no sidewalks presents additional pedestrian hazards. The manager reported Baxter and Woodman have started the pre- paration of plans and specifications for Greenwood improvements, and sidewalks could be constructed next summer if the work is done on a cash basis; however, special assessments would delay construction. Bushes at Crabtree Lane and Greenwood have been cut back for better visibility, he said. Trustee Craig stated it was his opinion the traffic situation had improved, probably due to the publicity given on the speed survey. The recommendations of the Safety Council on signs on Greenwood is expected by the next meeting. The meeting was recessed at 9:30 p.m. and reconvened at 9:45 P.M. 1st Presentation - Parking Amendment - Waukegan Rd. S. of Orchard center line of Orchard Street to a The first presentation was „made of an ordinance amending the Municipal Code to prohibit parking oW the east side of Waukegan Road from the point 64 ft. south thereof. Resolution - Approve Agreement Trustee Craig moved, seconded by Waukegan-County �Line �Traffic Trustee Schleicher, that a Resolution Lights Maintenance (R -65 -21 be adopted approving an agreement between the Department of Public Works and Buildings, State of Illinois and the Village of Deerfield for the maintenance of traffic control signals at Waukegan Road and Lake - Cook Road (County Line Road), and authorizing execution of said agreement by the President and Clerk. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) A request was received from Kennedy Development Company for payouts from the Colony Point Escrow Account to reduce the 10% retained for maintenance to 5;6, with the Building Commissioner's recommendation that the payouts be approved. It was the consensus of the Board that no variations from ordinance requirements of 10% should be granted. 'fraff i c..add 1 265 Approve Payout $27886.50 Trustee Craig moved, seconded by Deere Park Sub. Trustee Forrest, that the Board approve payment of $27,886.50 to C.B. Construction Company for sewer and water improvements in deere Park Subdivision; said payment to be made from funds other than the Deere Park Subdivision escrow account. Adopted by the following.. vote: O prove Bldg. Permit Trustee Schleicher moved, seconded by Trustee P.S.Co. 525 County Line Craig, that the Board approve the issuance of a Building Permit fo -the .Publ i c Service Company for the removal of the 4 KV station and construction of a 12 KV station at 525 County Line Road, as recommended by the Building Commissioner. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Approve Payment $8050 to Trustee Raff moved, seconded by Trustee Smith, Geo. Kennedy- Indian Hill that the payment of $8,050 be approved to Sewer George W. Kennedy Construction ComPeny for replacement of 185 ft. of sanitary sewer at Indian Hill Road and Central Avenue, this amount being the contract price of $9,500 less 10% for maintenance and $500 for curb reconstruction. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (b) Approve Payout $1200 Trustee Raff moved, seconded by Trustee Gooder 2nd Add. Escrow Forrest, that the payout of $1,200 for engineering services be approved from the Gooder's Second Addition Subdivision escrow. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Approve Agreement Re: Trustee Raff moved, seconded by Trustee Hazel Ave. Bridge Schleicher, that the Board approve and authorize execution of the agreement between Lake County and the Village of Deerfield pertaining,to the construction of the Hazel Avenue bridge, the estimated cost of construction Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Approve Payout $17032.95 Trustee Forrest moved, seconded by Clavinia #2 Escrow Trustee Schleicher, that the Board approve the payment of $17,032.95 from the Clavinia Subdivision Unit #2 escrow for surface improvements in the said Subdivision. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Re:Scatterwood West Plat The final plat of Scatterwood West Sub- division was presented. Trustee Craig moved, seconded by Trustee Smith, that the plat be approved and execution U authorized. Mr. and Mrs. Joseph Furo, owners of the property located east U of the proposed subdivision, asked the Board to require Kennedy Development Company to maintain a passable surface on the easement providing access to their property, inasmuch as their former easement had been given up at the request of the Plan Commission in its consideration of the proposed subdivision. The manager pointed out the Village has no authority to act in a private matter. Discussion was had on what could be done to assist in the enforcement of the private easement agreement. Trustee Forrest stated construction of a house had been started in the proposed subdivision. Decision was made to withhold approval of the plat and motion and second were withdrawn. The manager was directed to contact Mr. Kennedy regarding the maintenance of the easement and removal of the Public Service Company pole located therein. The matter will be taken up at the next meeting. O prove Bldg. Permit Trustee Schleicher moved, seconded by Trustee P.S.Co. 525 County Line Craig, that the Board approve the issuance of a Building Permit fo -the .Publ i c Service Company for the removal of the 4 KV station and construction of a 12 KV station at 525 County Line Road, as recommended by the Building Commissioner. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Approve Payment $8050 to Trustee Raff moved, seconded by Trustee Smith, Geo. Kennedy- Indian Hill that the payment of $8,050 be approved to Sewer George W. Kennedy Construction ComPeny for replacement of 185 ft. of sanitary sewer at Indian Hill Road and Central Avenue, this amount being the contract price of $9,500 less 10% for maintenance and $500 for curb reconstruction. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (b) Approve Payout $1200 Trustee Raff moved, seconded by Trustee Gooder 2nd Add. Escrow Forrest, that the payout of $1,200 for engineering services be approved from the Gooder's Second Addition Subdivision escrow. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Approve Agreement Re: Trustee Raff moved, seconded by Trustee Hazel Ave. Bridge Schleicher, that the Board approve and authorize execution of the agreement between Lake County and the Village of Deerfield pertaining,to the construction of the Hazel Avenue bridge, the estimated cost of construction 2'66 having been increased to 550,000, one -half the cost to be paid by the County and one -half by the Village. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Resolution - MFT Appropriation Trustee Raff moved, seconded by X25,000 for Hazel Ave:, Bridge Trustee Smith, that a resolution be (R- 65 -22) adopted appropriating $25,000 from Motor Fuel Tax Funds for one -half the cost of construction of the Hazel Avenue bridge. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Deny Request for Burglary A letter was received from Mr. Walter Alarm Connection - Bannockburn Wecker, Bannockburn, requesting per -' system in his home to the report from Chief Petersen the consensus of the Board offered only,to Deerfield mission to connect a burglary alarm Deerfield Police Department facilities.- A recommended denial of this request. It was that this and similar services should be residences and businesses. Discussion - Downspout Disconnection Discussion was had on the matter of a downspout disconnection case where compliance with orders to disconnect is obtained except for one downspout which is located in a place where a hardship would result from dis- connection. The manager pointed out the downspout disconnection program might be hindered if a Court case on disconnection is' lost. The attorney stated it was his opinion a Court might question the reasonability of a disconnection order if the property owner is able to demonstrate that a substantial hardship would result from compliance. He said the Board may want to exercise some discretion in cases of hardship, or the decision left to the Court. Trustee Smith proposed that the Superin- tendent of Public Works ask for Board approval on all hardship cases. Authorize $580 for The manager reported the Hudson Boiler Boiler Repairs and Welding Company had quoted a'price of $580 for materials and labor for replacement of tubes in the Village Hall boiler, and no other firm could be found to do the work. Trustee Raff moved, seconded by Trustee Forrest, that the Board authorize the expenditure of $580 for boiler repairs in accordance with the offer submitted by Hudson Boiler and Welding Company. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) Nays: None (0) Reports - Communications The manager reported he had received notice that Workmen's Compensation benefits had been increased under a new law, and there would be an estimated 1%. increase in insurance costs. A notice was received that bids on the construction of the Cedar Street bridge were returnable to the State of Illinois on September 13, 1965 at 10 a.m. The manager reported a Water Operators Conference would be held in Springfield on September 28 and 29, 1965. Receipt was acknowledged of the final order from the Court in the Arnold Pedersen vs Deerfield suit relating to Contractors licenses, which declared the Village's ordinance invalid. The manager reported a notice of suit on a personal injury has been referred to the insurance company. He stated the injury had occurred on private, property. A letter was received from Hamer Hargrave Tree Service, stating the claim of a Greenwood Avenue resident was being settled by having the car repainted at a,-cost of $115, and asking for payment of the $200 L' 1 1 267 due on the contract for elm tree spraying. It was the decision of the Board that no payment should be made until a letter is received from the resident stating that the claim has been settled. The manager was directed to notify the company of this action. Trustee Traig suggested that a Certificate of Insurance be required in the future before the award of a contract for tree spraying. President Finney signed a Proclamation designating September 13, 1965 as World Law Day. The question of games to permitted at the Beth Or Fun Fair was referred to the Village attorney. Approve Payment $5058 Trustee-.Forrest moved, seconded by Trustee Gooder's 2nd Add. Sub. Smith; that the Board approve the payment of $5,058 to E. A. Meyer for surface improvements in Gooder's Second Addition Subdivision from Gee Builders escrow, as recommended by the Building Commissioner. Adopted by the following vote: Ayes: Craig, Forrest, Raff, Schleicher, Smith (5) n Nays:. None (0) Oppose M Zoning West A letter was received from the Plan Commission, of Wilmot stating Weber Marking Systems, Inc., Mount Prospect, Illinois, was interested in the 13 acre tract at the northwest corner of Wilmot and County Line Roads as a possible site for a factory, and asked if the Village Board wished to consider the rezoning and annexation of the tract. A brief discussion was had, the Village attorney stating the proposed rezoning would affect the development of the Hovland area. Trustee Schleicher moved, seconded by Trustee Forrest, that the Board reply to the inquiry by stating the Village is not - interested in manufacturing in this part of the Village, and would actively oppose such rezoning. Motion carrked unanimously. A sample ordinance on 'a leasing tax was received from the Illinois Municipal League. .The matter will be•placed on the agenda for the next meeting. President Finney reported he had received a letter from the White House asking that October 24th be proclaimed United Nations Day and a Chairman be appointed. The letter was referred to the Committee on Community Relations. Discussion was had on access from the Broege property. The manager reported Mr. James Mitchell, President of the Park District, had indicated-the Board would be willing to give 132 ft. for a roadway from the Broege•property to the storage building at the rear of the Village Hall parking lot. A sketch prepared by the Presoyterian Church showed at 25 ft. drive at the rear of the church property. Trustee Raff stated it was his opinion that at least 35 ft. should be obtained for a street, parkway and sidewalk. The Building Commissioner was requested to prepare a sketch of the entire project for Board consideration. Trustee Forrest stated he was concerned about the landfill operation at the National Brick Company property, and suggested that a committee be appointed to keep in touch with this matter. Discussion was had on the appointment of a committee to look into Village problems, and the use of Federal grants to obtain recreational and open space areas. It was the consensus of the Board that such a committee should be appointed, and President Finney asked fbr' suggestions for membership. The manager opened and read two quotes for the resurfacing certain streets, as follows: Skokie Valley Asphalt, $1+,878.00 Peter Baker & Son 13,328.00 Since quotes exceeded $1500, the manager stated he would advertise for bi ds. There being no further business, on motion by Trustee Craig, seconded by Trustee Forrest, the meeting was adjourned at 1111 :45 p.m. ATT ST: APPROVED: �i-�,i President