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05/18/1981243 May 18, 1981 The-regular meeting of the President and Board of Trustees of the Village of Deerfield was called Ito order by the President in the.Council Chamber of the Village Hall on Mon= day,.May 18, 1981, at 8:02 P.M. The Clerk called the roll "and reported that the fol- lowing were Present: Bernard Forrest, President Marvin W. Ehlers Jerold L. Heisler Cynthia. J. Marty Edwin B. Seidman Vernon E. Swanson ° J. Robert York and that a quorum was present and in attendance at the meeting. Also present were Village Attorney Jas..Stucko and Village Manager Robert Franz. Trustee ,Seidman moved, seconded by Trustee Heisler, that the minutes of the previous meeting be approved with an addition to "Overhead Banners ", line 25, reflecting Staff's report that no municipality surveyed permitted (by ordinance) overhead banners. Motion carried unanimously. APPROVE WARRANT NO. W -81 -5 for payment. Motion carried by the AYES: Ehlers, Heisler, NAYS: None (0) Trustee Heisler moved, seconded by Trustee Swanson, that payment of bills, including fund transfers and reimbursements, be approved following vote: Marty, Seidman, Swanson, York (6) MIRAGLIA RESUBDIVISION Mgr. Franz stated that Mr. Miraglia wished to 1300 SOMERSET AVENUE tesubdivide his property at the corner of PLAN COMMISSION RECOMMENDATION Somerset and Prairie Avenues into three lots. The lot on which his house sits (facing Somer- set) is presently non - forming as the lot is only 60 -feet wide. The proposed resubdivi- sion would not increase the non- conformity and the two newly created lots that would front•on'Piairie would be conforming. The Plan Commission held a public hearing on April 9, 1981 and following deliberation of findings,_recommended that the subdivision be approved as proposed and that no dedication for a future street be required. Trustee Marty stated that: 1) she was very much opposed to the proposed resubdivision, 2)without a dedication for a future street the interior of the block could never develop", 3) and while the present owners do not wish to sell the rear of their lots for interior development, future owners may feel differently. Trustee Seidman agreed, citing - the undesirable California practice of rear lot development with an outlet to the `street through a long driveway. Mr. Allen Berman, attorney for the petitioner, submitted that while the proposed sub- division would prevent a future street through the interior of the block, all the lots are only 60 -feet wide, and being non - conforming, could not be built on. Trustee Seid- man stated that lots could be combined to produce conforming frontage widths. Mr. Philip Prass, Plan Commission member, stated that: 1) at least two.prope'rty owners would be required for resubdivision, 2) a good representation of property owners was present at the hearing, 3) many owners stated they would never want the back portion of their property dedicated at all. Trustee Swanson speculated that the average age of the present owners of the block , was probably 50 -55 years, and that the next few years would present new owners. Trustee Forrest stated that the granting of resubdivision of corner property many years ago has resulted in present -day difficulties for the Village with solutions requiring variations. Trustee Seidman moved, seconded by Trustee Marty, to.accept the Plan Commission's .r"ec6mmendation. Motion failed, all Board members voting Nay. LAUREL HILL UNIT 414 CHESTERFIELD DEVELOPMENT APPROVE FINAL PLAT Trustee Seidman moved, seconded by Trustee Marty, that the Mayor be authorized to sign the final plat for Laurel Hill Unit #14. Motion carried unanimously. 244- FRANKEN AVE. STORM SEWER Mgr. Franz stated that Mr. Trevlyn Pottenger POTT8NGER..kEQUEST was requesting that the Board waive general rules and procedures of the subdivision code which requires that a plat of subdivision be submitted and approved before.any: work_ on the site be performed. In a letter of May 4, 1981, Mr. Pottenger asked that per.-._ - mission be given for the installation of a storm sewer on Franken Avenue prior to sub- mission of a plat to the Plan Commission and Board approval, and.that a 5 -foot carriage walk be allowed along Franken Avenue (on the North side) instead of the normal side- walk set back 10, feet. A report from Vill. Eng. Soyka stated that Mr. Pottenger's_ request to install 405 feet of 1.0 -inch storm sewer had been reviewed by the Community Development Group who recommended denial of the request since: 1) a development plan had not been sub- mitted, and it is therefore not known how the property will be subdivided, and _2) a . precedent would be set in allowing subdividers to install utilities and surface im- provements before a preliminary plan has been approved. Responding to Board inquiry, Mr. Soyka stated that a 10 -inch storm sewer would probably be of sufficient capacity, but he objected to a "cart before the horse" procedure since the Village had nothing to indicate just what was proposed for the site. Discussion ensued regarding carriage walks in the area which the Village no longer allows. Mr. Pottenger said that he had intended only to apply at this time for per- mission to install the storm sewer, because if the,.-.Village would grant him in the future permission to install a carriage walk it would be placed over the sewer, and the ground there would have had a.year to settle. Mr. Pottenger stated that Jas. Anderson Engineering Co. was preparing an 8 -lot (single family) subdivision plan to be presented to the Plan Commission. Upon inquiry by Trustee 'York, Attorney Stucko stated that Mr. Pottenger could pro- ceed at his own risk, but that such "backwards procedure is not often seen ". Mr. Pottenger stated that if he had to absorb the full cost and responsibility of meeting Village specifications a year or two from now, he was willing. Attorney Stucko stated that permission to grant Mr. Pottenger's request should be conditioned upon the re- quirement that all standards and procedures of the subdivision code be met when a plat of subdivision is presented. Trustee Heisler asked Mgr. Franz his opinion regarding granting the originally denied request in view of Mr. Pottenger's agreement. Mgr. Franz replied that reversal of the usual procedures creates an unhealthy precedent and that bonds must be furnished by the petitioner to protect the Village. Trustee Marty moved, seconded by Trustee Ehlers, that Mr. Pottenger be permitted to install a storm sewer on the North side of Franken Ave. not to be connected to the Village storm system at this time. Also, that permission be granted on the condition that upon any subdivision or development, of the property, Mr. Pottenger will fully comply with all engineering requirements of the subdivision code. Motion carried. unanimously. BARBARA WALDSCHMIDT APPOINTED - YOUTH COUNCIL seconded by Trustee Swanson, that Mayor carried unanimously. YOUTH SOCIAL WORKER AUTHORIZE AGREEMENT WITH WEST DEERFIELD TWNSHP. carried unanimously. Mayor Forrest stated that he wished to recom- mend that Barbara Waldschmidt be appointed to the Youth Council. Trustee Seidman moved, Forrest's recommendation be approved. Motion Trustee Marty moved, seconded by Trustee Heisler, that the Mayor be authorized to sign an agreement with West Deerfield Town- .. ship for a Youth Social Worker. Motion OVERHEAD BANNERS Zoning Text and Municipal Code Amendments ZONING TEXT AND MUN. CODE AMEND. regarding Overhead Banners were considered by the Board. Trustee Seidman questioned, whether a signed agreement indemnifying the loss, cos*_, damage, or expense is suffi- cient. Village Attorney Stucko replied that the only other way was to require an insurance policy or evidence of insurance coverage. Trustee Swanson stated that _ insurance was better than an agreement and that in general he shared Trustee Seidman's concern, but that the cost for such insurance is very high. Mr. Jacobs, Deerfield Commons merchant, stated that the banner would be put up by a commercial firm and normally the installer would provide insurance. :- Village Attorney Stucko requested that the proposed ordinance stand as first .reading and he will consider language on the insurance matter that can be incorporated ins tha ordinance for review at the next Board meeting. He will also will clarify the text to require all types of organizations requesting banners to receive Board approval. 1 SCAVENGER'SERVICE OPTIONAL- CURB SERVICE curb' service and '.270" opposed; with 5 $52.08 per-year. Mgr. Franz stated that a survey regarding optional curb pick -up for scavenger service resulted in 544 replies -.269 in favor of neutral. Curb -side pickup would save a resident Trustee Heisler stated that, the survey notwithstanding, he had reservations about' curb service. Though-he is in favor saving money, there are even at the present time Goo many violations regarding refuse placed at the curb. Trustee Seidman agreed citing numerous instances of refuse placed out on Saturday and not picked up until Wednesday of the following week as well-as hardware items unpicked up and on the parkway for days: Considerable discussion ensued as to whether there should be optional curb service offered. Trustee York thought that half of the residents would probably opt for curb service which would "run the Theta people crazy. I don't know how.they could keep it 'straight ". David Fox, 355 Wilmot Rd., agreed with Trustee Heisler that curb service would increase the unsightly problems. Trustee Swanson stated that with only 544 respon- dents out of a possible 5,000, and with only 269 in favor of curb service, he didn't have a "feeling" as to how widespread the wish for curb service actually is. Trustee Heisler agreed, stating that the response didn't give evidence of strong sentiment . for curb service and he was of the opinion that monetary savings-was the sole con- sideration of those wishing curb service. Trustee York moved, seconded by Trustee Heisler, that the present program of weekly back door pick -up be continued at this time. Motion carried unanimously. OLAV MATHISEN Mgr. Franz stated that a letter had been $5 ;000 LETTER OF CREDIT received from Mr. Ralph Boches, attorney representing Mr. Olav Mathisen, requesting that the Village not apply the 10 -year requirement for a Letter of Credit regarding the Mathisen resubdivision. Mr. Boches stated that he felt that the agreement of :: five years was set at the time the Letter of Credit was prepared and extended to ten years after the fact. Therefore, he asked the Board to release the Letter. of Credit now held by-the Village. He stated that he did not think the Village should impose additional time periods simply because other properties in the area had not yet been subdivided and might not be for many years. Attorney Stucko stated that the Board had reviewed the situation in the same connection with respect to Chesterfield Development Corp. several meeting ago. Due to the un- anticipated delay in development and installation:of street improvements. in.the Hov- land area', it was felt that the community interests were served by extending bond and excrow requirements for an additional 5 -year period. He stated he believed the interests of public health, safety,.and welfare can overide the individual interest and can be legally sustained. He stated that it was incumbent upon the property" owner to bear his "share of the freight" in providing street'improvements. Upon inquiry by Trustee Seidman, Attorney Stucko stated that if the money was refunded,. the Mathisen portion of the street could be paid for through special assessment. However, Trustee Seidman pointed out that if the money was refunded there would probably be many similar requests. Trustee Marty agreed, stating that five years ago there was considerable development taking place in the Hovland area. Trustee York stated that "the Board often votes on things where there's a hardship; this -is-a' hardship ". He was of the opinion that to renew and extend 5 -year escrow requirements because development had not proceeded as expected was unfair. Trustee Swanson stated that he felt extension of the original 5 -year agreement was a hard - 'ship in any case. Trustee Ehlers stated that there had been a mutual understanding of a 5 -year period and "the five years are up ". Trustee York moved, seconded by Trustee Seidman, that the $5,000 impounded by a Letter of Credit be released to Mr. Olav Mathisen. Motion carried unanimously. Trustee Marty requested that Mgr. Franz, Eng.' Soyka, and Planning and Zoning Officer submit for the next Board meeting a report on how many dedications there are, how much escrow there is, and when each piece of it expires. IRB FINANCING Mayor Forrest stated that discussion of this TERADYNE CENTRAL, INC. item was being postponed until completion of an-analysis of the application and report by R.V. Norene 1 Assoc., consultant, and will be on the agenda at the next Board meeting. 246 AWARD BIDS Trustee Seidman moved, seconded by Trustee MFT MAINTENANCE, 1981 Ehlers, to accept the recommendation of the Village Eng. for PCC Concrete Street Patching, Bituminous.Sfreet*Resurfacing, Sidewalk Work, Thermoplastic Pavement Marking Materials - in the amounts specified in the recommendation as follows: PCC CONCRETE STREET PATCHING Lakeland Construction Co., McHenry, Ill. (Low Bidder) $15,280.00 BITUMINOUS STREET RESURFACING Peter Baker & Son, Libertyville, Ill. (Low Bidder) 74,181.10 SIDEWALK WORK C & L Paving Co., Lincolnshire, Ill. (Low Bidder) 3,567.20 THERMOPLASTIC PAVEMENT. MARKING A.C. Pavement Striping, DesPlaines, Ill. (Low Bidder) 8,477.50 MFT MATERIALS Bituminous Patching Mixture (800 tons) Liberty Asphalt, Grayslake, Ill. (Low Bidder) 18,800.00 Crack Sealant (27,000 pounds) Kenneth Hartman, Kankakee, Ill. (Low Bidder) 13,230.00 Sand (Birds Eye) (500 tons) McHenry Sand & Gravel, McHenry, Ill. (Low Bidder) 3,250.00 Class X Ready Mix Concrete (90 Cubic Yards) Menoni & Mocogni, Highland Park, Ill. (Low Bidder) 4,122.00 Motion passed on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Mr. David Fox, 355 Wilmot Rd., inquired of the Board regarding the "staking and.mea'suring" going on along Wilmot Rd. It was explained that a 3 -phase program of Planning., Design, and Construction is underway with the first phase in process now, at the end of which, the engineering company will hold a public hearing. There being no further business to come before the Board, upon motion by Trustee Seidman, the meeting was adjourned at 9:43 P.M. APPROVED: Village President ATTEST: Village Clerk 1 � r