09/17/1973215
September 17, 1973
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, September 17, 1973 at 8 :15 p.m. The clerk called the roll and
reported that the following were
Present: Bernard Forrest, President
Albert E. Brust
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. Richard Houpt, Village attorney, and Norris Stilphen, manager.
The Proclamation designating Friday, September 28, 1973 as Kiwanis Kids Peanut
Sale Day in Deerfield was read, and signed by the President.
Trustee Moses moved, seconded by Trustee Stiehr, that the minutes of the regular
meeting held September 4, 1973 be approved as submitted. Motion carried unanimously.
Approve Warrant No. W -73 -9 Trustee Stiehr moved, seconded by Trustee Kelm, that
Warrant No. W -73 -9 - Payment of bills, including
fund transfers and reimbursements, be approved. Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
Approve Consent Agenda The Consent Agenda was presented for consideration,
which included two deletions and one addition, as
follows:
CONSENT AGENDA
Ordinance amending Section 20.203(b) of the Municipal Code; delete stop sign at
Woodvale and North Avenue. (0- 73 -48)
Addendum to Agreement with Illinois Department of Transportation re: Waukegan Road
pavement replacement. MFTLSec.tion 32 -CS.
Supplemental Resolution appropriating $50,000 of Motor Fuel Tax funds for Waukegan
Road additional work as per Addendum. MFT Section 32 -CS. (R- 73 -20)
Resolution appropriating $48,000 of Motor Fuel Tax funds for traffic light installa-
tion and pavement improvements at the Deerfield - Wilmot Road intersection.
MFT Section 36- TL-CS. (R- 73 -21)
Authorization for release escrow funds in amount of $4,344.88 for Earl's Court paving,
Laurel Hill Subdivision #5.
Ordinance amending Section 20.501 of the Municipal Code; prohibit parking at any time
on both sides of Jewett Park Drive (Park Avenue extension). 0- 73 -49)
Trustee Neuman moved, seconded by Trustee Kelm, that the rules be waived to
permit action on the above ordinances at their first presentation. Motion carried
unanimously.
Trustee Brust then moved, seconded by Trustee Stiehr, that the Consent Agenda be
approved, including passage of the ordinances. Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
The President signed the ordinances indicating his approval thereof.
Northbrook Letter Re: Mr. Robert Weidaw, Village manager of Northbrook,
Huehl Rd. Annexation read a letter from Northbrook,'s Village President
IIr. Gerald Freidman, regarding Deerfield's proposed
annexation of Huehl Road between the Tollway and Lake -Cook Road. In summary, the
letter stated as follows: Northbrook's Board of Trustees respectfully objects to the
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highly questionable annexation; the Deerfield Village Board and Plan Commission
are presently considering an Annexation Agreement and the zoning classification
of the former Strub property located south of Lake -Cook Road and west of Huehl
Road, and annexation of Huehl Road at this time is "putting the cart before the
horse"; owners of the former Strub property first sought annexation to North-
brook via the "strip annexation" of Huehl Road, were denied and advised to seek
annexation to Deerfield; urged the Village Board of Trustees of Deerfield not
to proceed with the illegal and unnecessary "strip annexation" of Huehl Road.
Mr. Friedman stated, on behalf of the Northbrook Village Board, "North -
b rook agrees and pledges to inform you and discuss with you any possible and/
or serious petition to annex in the land area between the two communities."
President Forrest stated he was happy to see the letter but could not
understand Northbrook's concern about the annexation. Mr. Weidaw stated North-
brook was interested only in the Gun Club and the tract of 60 plus acres east
of Huehl Road, but felt that annexation of Huehl Road prior to annexation of
the Strub property was incorrect and possibly illegal procedure.
Several members stated the development of the property south of Lake -Cook
Road would have a direct effect on property north of the road, which is zoned
for single - family residences. It was also pointed out that the Village has an
agreement with Volkswagen for annexation when the boundaries are contiguous.
Ordinance Annexing The ordinance was presented annexing that
Huehl Road portion of Huehl Road from Lake -Cook Rodd
(0- 73 -50) southerly to the north line of the Illinois
Toll Highway (Edens Spur) in Section 5, Town-
ship 42 North, Range 12, East of the Third Principal Meridian, in Cook County,
Illinois.
Trustee Brust moved, seconded by Trustee Stiehr, that the rules be waived
to permit action on the ordinance at its first presentation. Motion carried
unanimously.
Trustee Kelm then moved, seconded by Trustee Moses, that the ordinance
be passed. Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
The President signed the Ordinance and Plat of Annexation indicating
his approval thereof.
President Forrest will respond to the letter from Northbrook. The Village
attorney will advise Volkswagen its property is now contiguous and a petition
for annexation should be filed.
Postpone Consideration of
Bids - Oxford Rd. Storm SEwer
BIDDER
George W. Kennedy Const.
Scully, Hunter & Scully
DiPaolo Company
Kuch & Ingram, Inc.
Lakeland Const.. Co. Inc.
The Village engineer submitted an analysis-of
the bids received for the installation of the
storm sewer on Oxford Road, as follows:
Under Sidewalk Under Street Cost Diff.
$45831110 $468,148 + $10,038
458,552 516,157 + 57,605
588,161 586,870 - 1,291
591,450 600,218 + 8,768
689,007 677,862 :.11,145
He recommended acceptance of the bid of $458,552 for under the sidewalk construc-
tion submitted by Scully, Hunter & Scully, the lowest responsible bidder.
Trustee Moses pointed out thffit only one of the five bidders had submitted
a bid that was substantially higher for under the street construction, and in
two cases, the bids were lower. Mr. Soyka explabed bids were submitted on unit
prices and payments to the contractor would be made on that basis. The manager
stated there would be a delay of three to four weeks if bids were re- advertised
for under the street construction.
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Trustee Stiehr moved, seconded by Trustee Kelm, that the bid of $458,552
for under the sidewalk construction submitted by Scully, Hunter & Scully be accepted.
Discussion was hdd on possible damage to trees and shrubs near the construction
under the sidewalk. Mr. Soyka stated no large trees would be removed although there
might be some root damage, but the contractor would take every reasonable precaution
to minimize damage. Several residents of Oxford Road urged that the sewer be con-
structed under the street, and asked that the motion be defeated.
Mr. Richard Ross, attorney for Mr. Kennedy, pointed out the Kennedy Construction
Company was the low bidder on both under the sidewalk and under the street construction.
Discussion was had on the past poor performance by the company. Mr. Kennedy stated
he Chas done more than $1 million worth of work in the Village, and on all projects
but one had been commended for an excellent job. On the Hovland water and sewer
project, Special Assessment No. 107, he had financial problems, but had been able to
refinance and had completed the work to the satisfaction of the engineer.
The motion to accept the Scully, Hunter & Scully bid failed by the following vote:
Ayes: Stiehr (1)
Nays: Brust, Gavin, Kelm, Moses, Neuman, (5)
Trustee Kelm moved, seconded by Trustee Moses, that the bid of $468,148 for
under the street construction submitted by George W. Kennedy Construction Company be
accepted.
Trustee Neuman stated he could not vote to accept any of the bids on the basis the
bids were taken. He said the Village should have.a requirment that bidders be present
at a pre -bid conference, and qualification of bidders should be established prior to
distribution of bid forms. He would rather have a delay of a month and have the job
done right. The manager stated if bids are rejected.and re- advertised, bid prices
would undoubtedly be- substantially higher, and it was probable that fewer bids would
be received.
The motion to accept Kennedy Company's bid failed by the following vote:
Ayes: Gavin, Kelm (2)
Nays:.Brust, Moses, Neuman, Stiehr (4)
Trustee Moses moved, seconded by Trustee Neuman, that all bids be rejected,
and bids for under the street construction be advertised, all bidders required to
attend,a pre -bid conference, and qualification of bidders be established prior to
distribution of bid forms.
Trustee Kelm stated the rejection and-re-advertising for bids was a disservice
to residents since costs would be increased. The manager stated the Village would
be exposed to little risk inasmuch as performance bonds from a reliable company had
been filed by bidders.
The motion to reject all bids and re- advertise was superseded by.the motion of
Trustee Brust, who moved, seconded by Trustee Gavin, that consideration of bids be
postponed until the next meeting during which time the manager shall investigate the
performance on recent jobs done by Kennedy Construction in the area. Adopted by the
following vote:
Ayes: Brust, Gavin, Kelm, Moses, Stiehr (5)
Nays: Neuman (1)
The meeting was
present.
Appointments
recessed at 9:45 p.m. and reconvened at 9:55 p.m., all members
Youth Council: Rosemary Sazonoff
Joan Freund
Manpower Commission:- Lee Johnson
Charles Wulf
President Forrest proposed the following appoint-
ments to Boards and Commissions:
Term expiring in 1974
three year term
Term expiring in 1974
Three year term (Chairman)
Human Relations Commission: Jerold L. Heisler Three year term^- - .
Environmental Commission: Michael Zelmar- Three year term
Henry Schmalz Three year term
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Safety Council: Bette Block Three year term
Douglas Thornton to replace Dr. B. L. Hodes as Chairman
Trustee Brust moved, seconded by Trustee Kelm, that these appointments be
approved.
Motion carried unanimously.
Re: Complaints, Loitering President Forrest stated he had met with resi�-.
& Littering, Summit at H.S. Dr. dents of Summit Drive near High School Drive
and discussed the problem of student loitering
and littering in this area.
Mr. Frederick Finne stated he and his neighbors had seen the deteriora-
tion of their neighborhood brought about by High School students whoAtuse High
School Drive and adjacent private property as a place to loiter, smoke, eat
lunch and generally trespass on the rights of owners. Complaints to the High
School administration about loitering, littering, damage to both private and
public fences' and trespasses have brought no relief, although sympathy was ex-
pressed. In 'response to a request that the school designate an area for loung-
ing and smoking, the assistant superintendent stated the policy of no smoking
on school grounds would be continued. Mr. Finne stated he and his neighbors
have cleaned up the litter for five years, but were no longer willing to do so,
and the area will look like a slum in three days. He presented pictures showing
the debris and damage to property. He asked the Board to use its influence
to have an area set aside on the school property for smoking, or, --as a last
resort, a permaneht fence be erected to close High School Drive, or if a gate
is necessary,' it be kept locked and the Fire Department be given a key.
The Village attorney stated an anti - loitering ordinance would not be
valid but there can be prosecution for trespasses or damage to public property.
Mr. Finne stated he had put up a "No Trespassing" sign, but it had been torn
down and the ',trespassing has continued.
Youth Worker Tom Creighton stated the problem had been brought to his
attention only today. He has talked to several students and will take up the
matter with the Student Council. He stated the students should be involved
in any decisions, and warned against any hasty action which could result in
retalitation.'
President Forrest stated this problem should also be brought to the
Youth Council. He will attend theTmeeting,;as well as the property owners.
He said he hoped the problem can be resolved within the next two weeks before
the next Board meeting, when the matter will be on the agenda. Trustee Stiehr
suggested a member of the High School Board be invited to the next meeting since
the school is involved as well as the Village.
1st Presentation
Sign Ordinance
The Plan Commission and Planning Committee
recommended passage of the new sign ordinance.
Trustee Neuman moved, seconded by Trustee Moses, that a change be made
in the ordinance to delete the permit fee of 25� per two sq. ft. for political
signs, no change in'the $50.00 deposit requirement, and this stand as a first
presentation.
Motion carried unanimously.
Discussion -Com Ed Franchise Discussion was had on the request of Common-
wealth Edison Company for passage of an
ordinance granting an exclusive 50 year franchise to the company, and in con-
sideration thereof, in each 5 year period of the franchise, to remove and place
underground not less than 2,500 lineal feet of wires and cables on public
property.
Trustee Neuman stated the underground placement of 500 ft. per year
was ridiculously low. He stated Boulder, Colorado had worked out an agreement
with the utility company whereby the city, by levying a small tax, had greatly
accelerated the installation of underground service. Trustee Kelm stated he
would ratherlsee underground installations on private property, rather than
limited to public property.
The manager was directed to write to Commonwealth Edison regarding the
franchise, soliciting proposals for accelerated installation of underground
service, and:refering the company to the Boulder plan. The matter will be on
the agenda when a response is received.
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Accept Peter Baker Bid A report was received from the Village engineer
_MFT Maint. Mat. $7200 listing bids received on 1973 Motor Fuel Tax 1973
MFT St. Resurfacing $35258.15 maintenance and the Park Avenue extension, and
Park Ave. Extension MFT 35 CS recommending acceptance of the low bids submitted
$42886.70 by Peter Baker & Sons.
Trustee Moses moved, seconded by Trustee Gavin, the acceptance of bids sub-
mitted by Peter Baker & Sons of $7,200 for 1973 Maintenance Materials, $35,258.15 for
1973 Street Resurfacing, and $42,886.70 for the Park Avenue extension, Section 35 C.S.,
all Motor Fuel Tax projects. Adopted by the following vote:
Ayes: Brust, Gavin, Kelm, Moses, Neuman, Stiehr (6)
Nays: None (0)
Discussion - Village Policy Discussion was had on the Village policy of water
M aint. of Water Lines line maintenance. Trustee Neuman stated he had
questioned the policy because a water leak in the
Reed Landis Subdivision had been repaired and costs paid by the property owner. He
had been told the Village maintains-only-.-the.-mains'-in private streets and easements.
Public Works Director Klasinski stated he has followed the tong standing
policy which he inherited of maintaining water mains and house services to the shutoff
valve or Buffalo box in dedicated streets; in private streets and easements, only
the water main is maintained.
It was pointed out this policy does not conform to the Village ordinance
which states that all repairs on service pipes from the mains to the premises served
shall be made by and at the expense of the owner.
President Forrest asked for recommendations from the Village engineer for
consideration at the next meeting.
Authorize Ordinance- Strike
Prohibition - Minors in Billiard
or Pool Halls
or pool hall. The letter stated
all ages.
A letter from the Brunswick Corporation requested
the Board to pass an ordinance to delete the section
of the Municipal Code which prohibits minors under
the age of eighteen from entering into a billiard
billiards has become a family participation game for
Trustee Stiehr moved, seconded by Trustee Kelm, that the Village attorney be
directed to prepare an!"ordinance striking Section 13.203, pertaining to minors in
billiard and pool halls, from the present Code.
Motion carried unanimously.
It was suggested by the Youth Worker give recommendation on the operation of
the billiard room to preclude any undesirable activities, such as gambling. Trustee
Gavin suggested that the Brunswick Corporation, with recreational activities attractive
to the youth of the Village, would have influence in providing an acceptable bicycle
path in the Deerbrook Shopping Center: She and Trustee Moses will work on this
project.
Re: Bicycle Ramp The manager reported he had discussed the construc-
lst National Bank tion of a bicycle and wheelchair ramp at the First
National Bank driveways with bank personnel. They
have agreed to the construction and have offered to pay 50 per cent of the total cost
or all of the cost of material if the Village provided the labor. He stated the
50/50 total cost proposal seemed to be the best approach, and felt this was not an
unreasonable policy.
It was the consensus of the Board that the Bank should pay the entire cost
of the ramp construction, as was done by Sara Lee, and the manager was directed to
so notify the bank.
Re: P.W. Dept. Report Trustee Neuman proposed that the Public Works
Department report be postponed until the second
meeting in October, when the Public Works Director will be present. He asked the
staff to prepare maps to supplement the report, showing streets patched, crack-
filled and resurfaced in 1972 and. 1973, and another map showing sewer lines inspected
in 1972 and 1973. He felt information depicted on maps was more easily understood
than a list of mileage of street repaired or sewers inspected and could be the basis
on which decisions are made on whether the amount of work on the projects should be
increased or decreased. He commended the Public Works director on the amount work
done on streets this year which he said look considerably better.
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Re: Sewer Inlets ,& Discussion was had on caveRins in street pave -
R.R. Crossings: ment around sewers. Public Works Director
Klasinski stated pavement overlayment results
in a slight dip at sewer inlets, and when a car hits these depressions the inlet
cannot withstand the jolt. He suggested a policy to require raising inlets to the
pavement elevation. On other streets, he thought poor compaction during construc-
tion was the cause. Trustee Stiehr stated 80 per cent compaction was spelled out
in Phase I sewer improvement specifications, and questioned whether these specifi-
cations were tight enough.
Trustee Moses stated bicycle wheels are sometimes caught in street inlets
with bars parallel to the curb and could result in injury to the bicyclist. He
suggested that street inlets.be :turned;- if,fbasible,- so;bars are perpendicular to
the curb and can be ridden across safely. The inlet across the Commons driveway
was mentioned as a particularly hazardous location for bicyclists. President
Forrest asked that a letter be sent to the Commons, requesting correction of this
dangerous condition.
Trustee Neuman stated the barriers erected at the former Telegraph Road
railroad crossing were too narrow to permit passage of bicycles. Mr. Klasinski
stated the barriers were installed in accordance with the Safety Council's recom-
mendation. Track work at the Greenwood and Osterman Avenue railroad crossings were
mentioned as having resulted in definite "humps ". Mr. Klasinski will take up this
matter with the home office of the Milwaukee Road.
Reports - Communications In response to a letter from the Flood Control
Steering Committee requesting passage or ordin-
ances relating to Flood Plains and Flood Ways, a letter will be sent stating the
Village has passed such ordinances and has complied with the recommendations.
The manager reported that the Northeastern Illinois Planning Commission had
approved the expansion of the Deerfield Sewage Treatment plant, conditioned upon
written assurances from Deerfield and Bannockburn regarding treatment of a part
of Bannockburn's sewage by Deerfield's plant, and , in addition, written assurances
that the Village will cooperate and consult with the Lake County Department of
Public Works on any future plant expansion. These written assurances will be given.
The Plan Commission had no objection to.proposed changes in the ordinance
on bond or escrow requirements for Hovland Planned Developments, and the ordin-
ance will be on the agenda for the next meeting.
There being no further business, on motion by Trustee Stiehr and seconded by
Trustee Moses, the meeting was adjourned at 11:25 p.m,
ATTEST:
Village Clerk
0
APPROVED:
Presiders
1