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05/20/197425 May 20, 1974 The regular meeting of the President and Board of Trsutees of the Village of Deerfield was called to order in the Council Chambers of the Village Hall on Monday, May 20, 1974 at 8:00 p.m. The clerk called the roll and reported that the following were Present: Norma Gavin George Kelm .'.Walter H. Moses, Jr. Werner E. Neuman Daniel H. Stiehr Absent: Bernard Forrest, President 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 Neuman, that Trustee Kelm be appointed President pro tem. Motion carried unanimously. Trustee Stiehr moved, seconded by Trustee Moses, that the minutes of the adjourned meeting held April 29, 1974 be approved as submitted. Motion carried unanimously. Certificates of Appreciation for participation in the Blood Donor Program were presented to Ms. Georgia Bloom and Messrs. Charles Beattie, John Brawders and Roy Kissling. Building commissioner Charles Smalley also received a Certificate of Appreciation. Wilmot Junior High students who will serve as Village officers•aad employees on Student Government Day were introduced. Approve Warrant No. W -74 -5 Trustee Stiehr moved, seconded by Trustee Moses, that Warrant No. W -74 -5 - Payment of bills, in- cluding fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: 4avin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) Report- Finance Dept. Status -' The treasurers report on „the Finance Department was received. Projects completed include the budget, sewer and water rate surveys and a report on bank depositories. Ernst & Ernst will commence the audit about May 27, 1974, and the fixed asset inventory will be completed this summer. Employees have been replaced where necessary due to retire- ment and resignation. A personnel manual will be completed by fall. The group hospital policy is being reviewed and a recommendation will be submitted in June. Trustee Neuman questioned the preparation of the personnel manual and the interviewing of applicants for employment by the treasurer if the Finance Department is working close to its capacity. Mr. Valentine stated the intern is assisting with the manual, and he does only the preliminary screening of applicants, who are then referred to the Department head. Trustee Neuman suggested that the initial screening could be delegated to almost anyone in the Administrative Department if there is a conflict with other duties. Ordinance Amending Approval-,6f Trustee Moses moved, seconded-,by Trustee Stiehr, Planned Development (Laurel that the Ordinance amending approval of a planned Hill #9 - Phase I) development (Chesterfield's Laurel Hill Unit No. (0- 74 -30) 9) be taken off the table. Motion carried un- animously. Chesterfield having filed a petition with the.Board of Zoning Appeals for a lot area variation for Lots 37, 38 and 39, Hovland's Subdivision, which is a condition for approval of Laurel Hill Unit 9, Phase I, Trustee Moses moved, seconded by Trustee Neuman, that Section Two and the word "further” in Section Three of the ordinance be deleted, and the Sections be re- numbered accordingly. Motion carried unanimously. . Trustee Moses then moved, seconded by Trustee Stiehr, that the ordinance be passed. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. 26 Ap2rove Consent Agenda The Consent Agenda, with additions and deletions, was presented for consideration as follows: CONSENT AGENDA Authorization to release eqcrow funds in the amount of $2,056.77 to contractor for Earl's Court maintenance, Chesterfield's Laurel Hill Unit 5. Approval of Estimate of Cost for 1974 Motor Fuel Tax maintenance, and authori- zation for President to sign. Approval of report on fill on Wagner property, 2074 Deerfield Road. Ordinance amending Section 18.203 of Municipal Code to permit the use of plastic refuse containers of 45 gallon capacity. (0- 74 -31) Ordinance prohibiting parking on Montgomery Road; first presentation. Ordinance banning trucks of over 12 feet in height from Deerfield Road from Toll Road overpass to Waukegan Road; first presentation. Report and recommendation of Board of Zoning Appeals re: rear yard variation at 939 Deerfield Road, requested by Myrtle Sheahen; authorize ordinance. Report and recommendation of Board of Zoning Appeals re: side and front yard variations at 1155 Park Avenue, requested by Herbert Beck; authorize ordinance. Trustee Neuman moved, seconded by Trustee Stiehr, that the rules be waived to permit action on the ordinance amending Section 18.203 of the Municipal Code at its first presentation. Motion carried unanimously. Trustee Neuman then moved, seconded by Trustee Moses, that the Consent Agenda be approved, including passage of the ordinance. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) N ays: None (0) The President pro tem signed the ordinance indicating his approval thereof. Appointments The President pro tem proposed the appointment of the following to Boards and Commissions, as recommended by President Forrest: Plan Commission: Mrs. Cynthia Marty to a three year term Robert G. Ducharme to a three year term Board of Zoning Appeals: James Katz to a five year term Board of Police Commissioners: James W. Bente. - to a three year term Police Pension Board: Robert Mackin to a two year term Board of Building Appeals:- Ted Galvani to a five year term Gurdev Singh to unexpired term to 1978 Safety Council: James R. Conley to a three year term Youth Council: William Rauch ) Robert Hart ) Mrs. Sally Martin ) to three year terms Mrs. Rosemary Sazonoff ) Human Relations Commission: Mrs. Susan Peaster to a three year term Mrs. Ruth Bleyler to a three year term Mrs. Barbara J. Presler to unexpired term to 1976 Miss Doris Roethlisberger to unexpired term to 1976 Michael R. Mead to unexpired term to 1975 Environmental Commission: William H. Prokop to a three year term Gerald Geren to a three year term Henry. Schmalz to be appointed Chairman H. W. Diamond to a three year term 1 27.. Manpower Commission: Mrs. Lee Johnson to a three year term Home Rule Study Committee: Richard Daskal to be appointed Chairman Mini' Bus Committee: Peter Leech Citizens Flood Control Advisory.Committee:. Richard A. Miller Trustee Stiehr moved, seconded by Trustee Moses, that the above appointments be approved. Motion carried unanimously. Resolution- Waiver by Village of Lake - McHenry LEC Grant (R -74 -8) grant to be awarded by the Illinois Motion carried unanimously. Trustee Stiehr moved, seconded by Trustee Gavin, that the Resolution be passed establishing a waiver on the part of the Village of Deerfield for the Lake - McHenry Law Enforcement Commission Law Enforcement Commission from Federal funds. Re: Legal Fees - Homart Suit Discussion was had on the statement from Martin, Karganis & Gail Ltd. for legal services in connection with the Homart suit. The fee -of $6,000 is to be paid by splitting the cost; $3,000 as the City of Highland Park's share, and $3,000 by the Village of D eerf ield . Several members stated that fees had not been discussed when the Village had agreed to join in the suit, and they had understood there would be no charge. Trustee Moses asked the manager to check with the Village attorney on any agreement to pay a part of the legal fees, and also asked that the minutes be checked. The matter will be on the agenda for the next meeting. Refer CBD Parking Study to The Off- Street Parking Study of the Central Chamber of Commerce & Business District, prepared by Planning Aide Parking Committee James Burke, was discussed. The manager stated that President Forrest had suggested the study be referred to Paul Box Associates for review and evaluation of the parking in the Southwest, Southeast and Northwest quadrants to develop recommendations for improve- ments. The cost would be $2,500 to $3,000 and would be completed in about 90 days. Trustee Stiehr stated direct guidance must be given to Paul Box Associates on what the firm is to do. Trustee Moses stated it would be premature to refer the Study to Paul Box Associates at this time,. and suggested referral to the Chamber of Commerce and the Parking Committee. He,said he could not justify the expenditure of $2,500 to $3,000 for a plan the Chamber.of Commerce would not support. The Planning Aide's excellent Study would be a good starting point for the Parking Committee and Chamber of Commerce to begin discussions. Trustee Stiehr moved, seconded by Trustee Moses, that the Study be referred to The Chamber of Commerce and the Parking Committee for review, a report to be sub- mitted in 30 days if possible. Trustee Neuman stated parking had been discussed for over three years, and it was futile to refer the matter to another committee when the Village has no funds to implement any recommendations. He asked if the Board is prepared to pass a bond referendum, issue revenue bonds, or increase taxes to straighten out parking in the Central Business District. Trustee Stiehr stated as a member of the Parking Committee h -e did not share Trustee Neuman's opinion, and an effort will be made to get this matter back on the agenda with recommendations. The motion to refer was adopted by the following vote: Ayes: Gavin, Kelm, Moses, Stiehr (4)' Nays: Neuman (1) C P.0 Report- Redraft In a report dated April 25, 1974, the Plan Annexation Agreement Commission recommended that, upon annexation. the Florence Avenue properties be classified as a B- Business District with a Special Use as a Planned Unit Development in accordance with the site plan dated April 11, 1974. Plan Commission Chairman Cynthia Marty stated that, with two changes (no eastbound deceleration_,,lane and Page 8, paragraph 6 of the Annexation Agreement pertaining to EPA approval of sanitary sewer connection) the Plan Commissinn recommended approval of the Annexation Agreement. C3: • The provisions of the proposed Annexation Agreement were discussed. In connection with the installation of traffic lights on Lake -Cook Road at the entrance to the development when needed, the question was asked Who would pay for the relocation of traffic lights if installed on a two --lane road if the pavement is later widened to four lanes. The Village engineer stated the cost of relations would be part of the improvement and would ordinarily be paid by the County. Mr. James DiPietro, one of the developers, stated he would take full responsibility for the cost of the original installation under these con- ditions. Mr. DiPietro stated the developers would pay all fees required by Village and recapture ordinances, and Trustee Kelm suggested that these fees be stated in the Agreement. Discussion was had on the number and location of driveways serving Deer- brook and the proposed development. Trustee Neuman suggested that one service driveway for both developments would be desirable for traffic safety. Mr. Stephen Malato, attorney for Mr. Joseph Valenti, the owner of_Deerbrook stated Mr. Valenti would probably object to a common.service driveway. He pointed out that , in order to carry out the road, bike path and sidewalk connection with Deerbrook, approval must be given by the Brunswick Corporation and Montgomery Ward, as well as Mr. Valenti. Mr. Valenti is in basic agreement on this connec- tion with Deerbrook, Brunswick has indicated approval and asked for an identif- cation sign at the entrance to the proposed development, but Ward's as not yet approved the connection although no problem is anticipated. Discussion was had on signs, but no definite assurances could be given by the developers'on what signs would be required. There was agreement on a height limitation of 42 feet for the recreational building, including any pent- house for mechanical equipment. The phrase "including, but not limited to" was deleted from Section 5 C. Mr. DiPietro explained plans for storm water detention and stated this .would be no problem. Mrs. Laura Lee Christoph, secretary.of Brarwoods Vista Homeowners Associ- ation, stated the Association was opposed to any additional connections to the County Line Road sanitary sewer. Homes in Briarwoods Vista have been flooded with sanitary sewage and this problem will be aggravated by additional connections. Mr. Soyka stated the sewer was adequate to handle additional sewage if certain adjustments are made, and this was being done. Trustee Moses moved, seconded by Trustee Neuman, that the attorneys re- draft the agreement in accordance with the changes discussed. Motion carried unanimously. The President pro tem suggested that, in addition to the redrafting of the Annexation Agreement, the :Village attorney prepared the annexation, zoning and special use ordinances. P.C. & BZA Report Re: A report from the Plan Commission recommended Rezoning, Resub. & Variation that the petition for rezoning and resubdivision 355 Wilmot Rd. (Clohecy) of property at 355 Wilmot Road be denied, as Petition Denied requested by Mr. and Mrs. Charles Clohecy. The Board of Zoning Appeals reported that three of the four members voting had recommended denial of the petition for a front yard variation. The attorney for Mr. and Mrs. Clohecy stated they had agreed to a 30 foot setback from Wilmot Road. Mr. Gerald Ernst, 370 Wilmot, and Mrs. William Marquardt, 415 Wilmot Road, gave reasons for their opposition and objection to the rezoning and variation. A petition opposing the rezoning was presented. Trustee Neuman moved, seconded by Trustee Moses, that the Plan Commission's recommendation be accepted and the petition be denied. Trustee Stiehr moved that the matter be referred back to the Plan Commission for further consideration. The motion failed for lack of a second. The motion to deny the petition was adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) The meeting was recessed at 10:15 p.m. and reconvened at 10:25 p.m. GO Bldg. Commiesioner's Report The building commissioner presented a report and on Fees - Authorize Ordinance schedule of recommended increases in building permit fees. Trustee Neuman moved, seconded by Trustee Gavin, that the attorney prepare an ordinance establishing building permit fees in accordance with the building commissioner's r ecommendation. Motion carried unanimously. In connection with fill dumped on the Wagner property adjacent to the East drain- age ditch, the building commissioner reported there was now compliance with the flood p lain ordinance. Loan to Union Drainage Dist. Discussion was had on the proposed loan to Union No. 1 Rejected Drainage District No. 1 for ditch cleaning and the letters from the attorneys for the Village and the Drainage'Commission. There is no assurance that the assessment of $25,000 for ditch cleaning will be approved by.the Court although there is some indication that the pending objection would probably fall away after annexation of all property in the drainage area. If the assessment is not confirmed, a loan cannot be repaid until such time as an assessment is approved by the Court. Drainage Commissioner Richard Buxbaum stated that the Court has confirmed a $5,000 maintenace assessment to be levied each year, and if necessary the loan could be repaid from these funds. . Several members stated they could not approve a loan of $25,000 to benefit one section of the Village, which, if not repaid,by the Commission, would be paid for by the entire Village. Trustee Stiehr asked that the Board vote on the motion of the previous meeting wherein a $25,000 loan to the Drainage Commission was authorized. The motion failed by the following vote: Ayes: None (0) Nays: Gavin, Kelm, Moses, Neuman, Stiehr (5). Authorize.Qrdinante A report from the Village.treasurer recommended Water Rate Flat 63(,, that water rates be increased to a flat rate of 63(,% per 100 cubic feet. Trustee Moses moved, seconded by Trustee Stiehr, that the recommendation be approved and the Village attorney be directed to prepare the ordinance . Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) Authorize Ordinance Sewer Rate 37p A report from the Village treasurer recommended that the sewer rate be increased from 30 ;:to 37�. Trustee Moses moved, seconded by Trustee Gavin, that the recommendation be approved and the Village attorney be directed to prepare the ordinance. Adopted by the following vote: Ayes: GAvin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) Report- Composite Sewage A report was received on the results of composite Tests sewage sample tests performed by the Village engineer, the operator of the sewage treatment plant and Dearborn Laboratories. All showed different results. Discussion was had on the validity of the testing method and possible reasons-for the variance in the.results. Trustee Neuman asked that tests be continued and a report be prepared for the next meeting. Ordinance Allocation $2508 The ordinance was presented allocation $2,508 from MFT to NSMTD Motor Fuel Tax funds of the Village to the North (0- 74 -32) Suburban Transit District for the year July 1, 1974 to June 30, 1975. Mr. Shelgren of the Transit District stated this amount was based on the proposed budget of the District. Trustee Neuman moved, seconded by Trustee Moses, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried u nanimously. Trustee Neuman moved, seconded by Trustee Gavin, that the ordinance be passed allocating $2.508 from Motor Fuel Tax funds to the North Suburban Mass Transit District. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. Authorize Ordinance State Bidding Specs. The Village engineer recommended that the ordinance on contracts be amended to include State bidding specifications. Trustee Neuman moved, seconded by Trustee Stiehr, that the Village attorney be directed to prepare an ordinance in accordance with the engineer's recommendation. Motion carried unanimously. Postpone Bank Depositories Trustee Neuman moved, seconded by Trustee Moses, that consideration of the treasurer's report on bank depositories be postponed until President Forrest is present. Motion carried unanimously. Approve Agreement between The Agreement between the Village of Deerfield NSMTD & Deerfield Re: and the North Suburban Mass Transit District, R.R. Station regarding the railroad station, was received. Trustee Moses briefly outlined the provisions of the Agreement as follows: The District will acquire the present railroad station from the Chicago, Milwaukee, St. Paul & Pacific Railroad Company; the District will pay for the renovation of the station in accordance with plans and specifica- tions approved by the Village, District and railroad, at a cost not to exceed $66,000 plus an additional 10 per cent, if available, for improvement of the station area; Deerfield will provide maintenance of the structure, including janitorial service; the District will-; pay the Village $1,500 per year for main- tenance, using funds provided by the railroad; Deerfield will pay for fire and extended coverage insurance in the amount of $80,000 and public liability coverage in the amount of $300,000. The term of the Agreement is 25 years. Trustee Moses stated the cost for fire insurance will be $1,300 with $1,000 deductible, and $250 for liability coverage. Discussion was had on the cost of maintenance, which Trustee Stiehr stated could exceed the amount received from the District, and said this money could better be spent for other needs such as improvement of the Police Department's facilities. Trustee Neuman stated it was his opinion this was a legitimate expenditure for a service provided by the Village for the entire community. Trustee Moses moved, seconded execution of the Agreement, which is concomitant agreement of the District the following vote: Ayes: Gavin, Kelm, Moses, Neuman (4) Nays: Stiehr (1) by Trustee Neuman, thAt the Board authorize not to be- delivered until such time as the and the railroad is received. Adopted by The President pro tem signed the Agreement which will be retained by Trustee Moses until the condition'for approval has been met. Trustee Moses stated plans and specifications for renovation of the station, to be approved by the Village, District and railroad, must be prepared. Trustee Neuman suggested that Mr. Don Wrobleski, who has done much of the pre- liminary work that culminated in the Agreement, be asked to submit a proposal. Accept Bid $10500.44 A report from Public Works Director Ed Barrington Nurseries Klasinski stated two bids had been received Elm Tree & Stump Removal for removal of diseased elm trees and stumps, and recommended that the low bid of $10,500.44 submitted by Barrington Nurseries be accepted. Trustee Stiehr moved, seconded by Trustee Neuman, that the bid of $10,500.44 1 submitted by Barrington Nurseries for elm tree and stump removal be accepted. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) Accept Low Bid Parkway Trees A report from the Public Works Director stated Arthur Weiler Arthur Weiler was the law bidder on parkway trees and recommended acceptance of this bid. Trustee Neuman moved, seconded by Trustee Gavin, that the bid submitted by Arthur Weiler be accepted. Adopted by the following vote: Ayes: Gavin, Kelm, Moses, Neuman, Stiehr (5) Nays: None (0) Reports - Communications Trustee Kelm .stated that the Plan Commission has recommended that the Board seek an extension of the option to purchase Lot 3, Stryker's Subdivision, on Jonquil Terrace, which will expire July 10, 1974. The right of first refusal is retained until July 10, 1977. Trustee Kelm suggested that the Village staff confer with Mr. Wessley Stryker on a one or two year extension of the option to purchase. Engineer's Report The Village engineer reported that Phase I of the _Sewer Improvements storm sewer improvements had been completed except the installation on Deerfield Road at the railroad underpass. In the recent heavy rain 14 homes were flooded in the area where the new sewer was - installed, and this is beingrJnvestigated. He stated that at no time was the storm sewer on Warwick Road more than half full. Mr. Wheelock of Baxter & Woodman stated the storm was one with a relative intensity of 25 year frequency and the ground was wet from previous rains and there was little or no absorption which would alleviate flooding. He said the problem was centered in the Warwick Road sewer. The area will be checked out to locate the problem. Village to Intervene The manager reported that School District 113 will Suit Re: Tax gate file a petition to intervene in the law suit and (R -74 -9) ask that the Department of Local Government Affairs be directed to establish a multiplier to bring all property assessments to 50 per cent of the fair cash value. The suit filed by the State's attorney for Lake County .will result in a substantial reduction in the amount of tax money received by taxing bodies if upheld by the Court. The School District has asked all other taxing bodies to join in the suit. The loss to the Village of Deerfield would be approximately $18,000, but the loss to School Districts would be much larger. The School District must be advised by Thursday if the Village joins as an intervener. Discussion was had on the matter. Trustee Gavin stated she understood the legal fees would be costly and questioned whether the intervention of the Village would be allowed since no objection had been expressed heretofore. Trustee Moses moved, seconded by Trustee Gavin, that School District 113 be authorized to include the Village of Deerfield in its suit at no cost to the Village, and the necessary Resolution be prepared. Motion carried unanimously. Trustee Neuman moved, seconded by Trustee Gavin, that a telegram_.be sent to Governor Walker informing him that the Village is supporting the School District and requesting him to instruct the Department of Local Government Affairs to set a multiplier for Lake County for a proper assessment of property. The motion failed by the following vote: Ayes: Gavin, Neuman (2) Nays: Kelm, Moses, Stoehr (3) There being no further business, on motion by Trustee Moses and seconded by Trustee Neuman, the meeting was adjourned at 12:130 a.m. APPROVED PresiAmt ATTEST: Village Clerk