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06/16/1975164 June 16, 1975 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, June 16, 1975 at 8:10 p.m. The clerk called the roll and reported that the following were Present: Bernard Forrest, President D. Jeffrey Blumenthal Norma Gavin Cynthia J. Marty Walter H. Moses, Jr. Edwin B ..Seidman Daniel H. Stiehr Absent: None and that a quorum was present and ins - attendance at the meeting. Also present were Mr. James Stucko, representing the Village attorney, and Mrs. Marjorie .Emery, acting Village manager. Trustee Moses moved, seconded by Trustee Gavin that the minutes of the regular meeting held June 2, 1975 be approved as corrected. (Page 162 - Correct 3rd and 5th Roll Calls, Page 163 - Add "consider" and "if necessary ".) Motion carried unanimously. Approve Warrant No. W -75 -6 Trustee Moses moved, seconded by Trustee Seidman, that Warrant No. W ^75 -6 - Payment of-bills including. fund transfers- axid . reimbursemeint, be approved. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays : None (0 ) President Forrest introduced the new Chief'of, Police Richard C. Brandt who then took the Oath of Office administered by the clerk. The President presented paperweights bearing the Village seal to Board members and the clerk, and expressed his appreciation for their service. Approve Consent Agenda The Consent Agenda, with two items deleted, was presented as follows: Appointments to Boards and Commissions: Plan Commission: Warren Allabastro Term expiring in 1977 Safety Council: Richard Daskal Term expiring in 1978 Michael Cramer Term expiring in 1978 Joan Burbank .:Term.expiring in 1977 Elliot Bacall Term expiring in 1976 Russell Ferris, Chairman Home Rule Implementation Committee: Harriet Rosenthal Ordinance amending Section 22.802 of the Municipal Code; adoption of National Electrical Code, 1975 edition. (0- 75 -30) Ordinance amending Section 24.1100 of the Municipal Code providing for a special annual sewer charge of $4.00 from July 1, 1975 to June 30, 1977,;inclusive, payable quarterly. (0- 75 -31) Authorization for President to execute reciprocal cab agreement between Deerfield and Highland Park. Resolution appropriating $140,000 from Motor Fuel Tax funds for 1975 maintenance. Approval of material proposal for 1975 Motor Fuel Tax maintenance. Trustee Seidman moved, seconded by Trustee Gavin, that the Consent Agenda be approved including passage of the ordinances. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) Nays: None (0) The Presideht signed the ordinances indicating his approval thereof. 1 1 1 165 Approve Plans & Specs. Trustee Moses moved, seconded by Trustee Marty, Resurfacing Deerfield Rd. that plans and specifications for resurfacing Underpass to Rosemary MFT Deerfield Road from the underpass to Rosemary Terrace from Motor Fuel Tax funds be approved and the President be authorized to sign the cover sheet. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays: None (0) Police & P.W. Dept. Reports The Police Department submitted a report on Dangerous Intersections accidents which have occurred at intersections designated by ordinance as dangerous intersections. A report from the Public Works Director Ed Klasinski stated a follow -up inspection had been made of the intersections listed in the dangerous intersections ordinance and sightlines have not changed since last fall. The Department will continue to make inspections, notifying residents when additional trimming is required. S.C. Report - Intersection A report.from the Safety Council recommended that Authorize Ordinance the North Avenue - Wincanton Drive intersection be declared a dangerous intersection and be added to the Sightine Ordinance, and all visual obstructions be removed in accordance with ordinance requirements. Trustee Moses moved, seconded by Trustee Stiehr, that the attorney be instructed to prepare-the ordinance adding the North Avenue - Wincanton intersection to the list of dangerous intersections, as recommended by the Safety Council. Motion carried unanimously. P.C. Report -P.D. 1354 Laurel A report from the Plan Commission recommended (Holzmacher) Authorize Ordinance= approval of the Planned Development of Lot 71, Hovland Subdivision, as requested by Mrs. Helen H olzmacher, 1354 Laurel Avenue, subject to the installation of the required water main or establishment of a bond or escrow for the improvement, payment of $1,000 to the Public Benefit Fund, and approval by the Village engineer of all plans for improve- ment and provisions for drainage. The three lot resubdivis:ion meets the requirements of the R -1B District. Trustee Marty pointed out that -an owner can change the drainage after the property is occupied. The Village engineer suggested the ordinance on drainage be modified, but further study will be required. He stated the owner has paid all fees. Trustee Moses moved, seconded by Trustee Marty, that an ordinance be prepared approving the Planned Development of Lot 71, Hovland Subdivision. Motion carried unanimously. Ordinance to Require Heavy The ordinance was presented amending the Municipal Walled Conduit FAILED Code to provide that all service entrances be of igid galvanized heavy - walled conduit; but the electrical inspector may authorize flexible cable of the conduit could not be installed in a safe and practical manner. A letter from Mr. T. J. Galvani of the Electrical Commission gave reasons why he felt the heavy walled conduit should be required. Discussion was had on the pro- p osed ordinance. Trustee Moses moved,,-seconded by Trustee Gavin, that the ordinance be passed as presented. The motion failed by the following vote: Ayes: None (0) Nays: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) Discussion-Ordinance Trustee Blumenthal reported he had met with three *urglar Alarm Systems- representatives of the Chamber of Commerce, a Include Changes representative from the Deerbrook State Bank, a homeowner and two members of the Police Department for discussion of the ordinance providing for regulation of burglar and holdup alarm systems. He submitted a detailed memorandum listing deletions, substitutions.-and changes which had been agreed on by the committee. Discussion was had on the proposed changes and in particular, the number of false alarms and penalties for false alarms. Trustee Moses moved, seconded by Trustee Marty, that the ordinance be amended in accordance with the changes proposed by Trustee Blumenthal, excluding the number and 166 penalties for false alarms. Motion carried unanimously. Mr. Robert York of the Chamber of Commerce•stated that, although he felt the ordinance could be simpler., the fees were fairer. He said the ordinance should be explained before it becomes effective. Trustee Blumenthal moved, seconded by Trustee Stiehr, that charges for false alarms be set at $10.00 during the first year, $15.00 during the second year, and $25.00 in the third and subsequent years after the effective date of the ordinance. Motion'carried unanimously. Trustee Blumenthal moved, seconded by Trustee Marty, that no payment shall be required for five false alarms during the first calendar year, four during the second year, and three during the third.and subsequent years after the effective date of the ordinance. Motion carried unanimously. Trustee Moses moved, seconded by Trustee Seidman, that the ordinance be corrected to include the foregoing changes and a date on which the ordinance will become effective. Motion carried unanimously. President Forrest said copies of the ordinance should be sent to each person or firm with an alarm system. The meeting was recessed at 9:30 p.m. and re- convened at 9:45 p.m., all m embers present. Ordinance Authorizing Spec. Use The ordinance was presented authorizing a N. Suburban Evangelical Free Special Use for expansion of the existing Church - Subd. Plat Required church facilities of the North Suburban (0- 75 -32) Evangelical Free Church at 164 Lake -Cook Road. Representatives from the Church asked that the ordinance be passed in order to get a building permit so that construction may be started. Trustee Stiehr stated the church owns.the two adjoining lots described in metes and bounds, but for simplification and clarification of records, a one,lot Plat of Subdivision should be required. He then moved, seconded by Trustee Marty, that the ordinance provide that no certificate of occupancy will be issued until a Plat of Subdivision is submitted. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Gavin, that the rules be waived to permit action on the ordinance, as amended, at its first presentation. Motion carried unanimously. Trustee Moses moved, seconded by Trustee Stiehr, that the ordinance as amended be passed. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays : None (0 ) The President stated he would sign the ordinance when the provision regarding the certificate of occupancy has been added. Letter of Intent Mr. Stucko reported there were no specific Lake- Cook /Wilmot Traffic Lights regulations or written policy on the installa- tion of traffic lights by the Department of Transportation but in practice, if a municipality requested-•the traffic lights, about one -third of the cost of the installation must be paid by the municipality or the project is dropped. The Village engineer stated the cost to the Village of traffic signalization at the Lake - Cook /Wilmot intersection is estimated to be $18,666. Trustee Seidman moved, seconded by Trustee Stiehr, that an expenditure not to 1 1 1 167 5 exceed $19,000 be authorized and a letter of intent to participate in the installation 0 of traffic lights at the Lake -- Cook /Wilmot intersection be sent to the Cook County w Highway Department. Adopted by the following vote: U 01 'n Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) 0 Nays: None (0) U ' A22rove Judgment Order Mr. Stucko reported thatthe attorneys had reached Brickyard Property agreement and a Judgment Order has been prepared o $950,000 for the acquisition by the Village of approximately ti 79.2'acres of the brickyard property for $950,000. =,T he Order provides that the owners of the remaining property will have the right of 'H oa ccess to Lake -Cook Road only if the road goes through. t5 .0 Trustee Stiehr moved, seconded by Trustee Marty, that the Board authorize and ':> wa pprove the Judgment Order. Adopted by the following vote: w Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) v �N ays: None (0) Mrr Stucko stated'-that, although a Performance Bond is not required by the Bid Specificatidns,'he wil•1 request the filing of a Performance Bond and a completion d ate of September 30th. Trustee Seidman moved, seconded by Trustee Moses, that the bid of $1.70 per sq. ft. of sidewalk submitted by Franzese Construction Company be accepted, the attorney to request a Performance Bond. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays: None (0) Accept Skoglund Bid $5550 Trustee Moses moved, seconded by Trustee Marty, Curb & Gutter Replacement that_ the low bid-of $5,550 -for curb and gutter replacement submitted by Skoglund Bros., Inc. be accepted, as recommended by the.�Village engineer. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays: None (0) Clerk's Reports The clerk reported that a copy of the Court Order had been received directing the Treasurer of Lake County to refund to Commonwealth Edison $2,199,815.02, the portion of the Personal Property tax paid by the company which was illegally assessed. The company paid the Village $3,358.80 and the tax illegally levied is $1,586.69 which is ordered refunded. The prevailing wages of two unions have been received. The clerk reported that the ordinances annexing the Flodstrom property and the vacation of Flodence Avenue have not been recorded with the Recorder of Deeds of Cook County. In the first instance a Plat of Survey accompanied the Annexation Ordinance instead of a Plat of Annexation showing Village boundaries and a new Plat must be prepared. The Village attorney has advised Mr. Flodstrom's attorney that a Plat of The remainder of the brickyard property will be annexed involuntarily but the ,r Qzoning classification could not be resolved* Mrs. Willard Loarie, Oxford Road, stated ±' Nt he property should be zoned. b c4 Retain N.S. Gas Co. A letter from North Shore Gas Company requested In $ 5000 Performance Bond . the Village to accdpt Public Liability Insurance coverage in the amount of $1,000,000 in lieu of the $5,000 Performance Bond required by the Franchise Ordinance. Mr. Stucko stated b he saw no reason for any change in the present arrangement. a� Trustee Stiehr moved, seconded by Trustee Moses, that the Public Liability a� �+ Insurance Policy carried by North Shore Gas be accepted to replace the $5,000 Per - o f ormance Bond. The motion failed by the following vote: U 9c Ayes: None (0) Nays: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr. (6) Accept Franzese Bid $1.70 Sq.Ft. The Village engineer recommended acceptance of Sidewalk Replacement the low bid of $1.70 per sq. ft. submitted by Franzese Construction Company for the 50- 5O•and Safety Sidewalk Replacement Program, subject to a performance bond and assurances that all work will be completed by September 30, 1975. Mrr Stucko stated'-that, although a Performance Bond is not required by the Bid Specificatidns,'he wil•1 request the filing of a Performance Bond and a completion d ate of September 30th. Trustee Seidman moved, seconded by Trustee Moses, that the bid of $1.70 per sq. ft. of sidewalk submitted by Franzese Construction Company be accepted, the attorney to request a Performance Bond. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays: None (0) Accept Skoglund Bid $5550 Trustee Moses moved, seconded by Trustee Marty, Curb & Gutter Replacement that_ the low bid-of $5,550 -for curb and gutter replacement submitted by Skoglund Bros., Inc. be accepted, as recommended by the.�Village engineer. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays: None (0) Clerk's Reports The clerk reported that a copy of the Court Order had been received directing the Treasurer of Lake County to refund to Commonwealth Edison $2,199,815.02, the portion of the Personal Property tax paid by the company which was illegally assessed. The company paid the Village $3,358.80 and the tax illegally levied is $1,586.69 which is ordered refunded. The prevailing wages of two unions have been received. The clerk reported that the ordinances annexing the Flodstrom property and the vacation of Flodence Avenue have not been recorded with the Recorder of Deeds of Cook County. In the first instance a Plat of Survey accompanied the Annexation Ordinance instead of a Plat of Annexation showing Village boundaries and a new Plat must be prepared. The Village attorney has advised Mr. Flodstrom's attorney that a Plat of 168 Annexation is required. No Plat of Vacation of Florence Avenue has been received but Mr. Buccola stated he is.still negotiating with a builder. Both ordinances were passed May 19, 1975. The President asked that both ordinances be put on the agenda for the next m eeting. In connection with the installation_.of traffic lights at the Lake - Cook /Wilmot intersection and the requirement the Village pay part of the cost, a call was received from the Cook County Highway Department regarding the annexation of the former Strub property with only a 33 ft. dedication for Lake -Cook Road, rather than the 50 ft. dedication needed for the Lake -Cook Road widening project. Cook County has in the past been most cooperative and generous. Accept Tazioli & Glader The President reported there has been a fire Est. $3475 -Wreck 3 B1dgs, in the former Favelli property just Brest of the underpass on Deerfield Road and the Fire Chief has stated the building was .a hazard and should be removed. Attempts ,to get the Federal Government's approval for reimbursement of removal.costs from the Parking Grant were not successful. Tazioli and Glader submitted an est" te•of..$3;475for wrecking the Favelli property and the former Petersen house and garage. Discussion was had on the former Petersen house which is rented until June 30th. Trustee Stiehr moved, seconded by Trustee Gavin, that, as an emergency measure, Tazioli and Glader be directed to wreck and remove the Favelli building and the two buildings on the Petersen property at a cost not to exceed $3,475.00. Adopted by the following vote: Ayes: Blumenthal, Gavin, Marty, Moses, Seidman, Stiehr (6) N ays: None (0) President Forrest stated that some Motor Fuel Tax expenditures may be delayed because of unforeseen projects such as the Lake - Cook /Wilmot traffic lights and recommendations will be made. Trustee Blumenthal stated that inasuch as the Board had approved proceeding with the Deerfield Road underpass, at some point a revised budget should be prepared. There being no further business, on-motion by Trustee Blumenthal and seconded by Trustee Moses, the meeting was adjourned at 10:42 p.m. ATTEST: Village Clerk APPROVED :� I I President 1 1