Loading...
09/06/1983233 September 6, 1983 The regular.meeting of the Board of Trustees of the Village of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on Tues- day, September 6, 1983 at 8:03 P.M. The Clerk called the roll and announced the following were Present: Bernard Forrest, Mayor Also present were Village Manager Robert D. Franz and the Village Attorney, James K. Stucko. Mayor Forrest announced that he wished to appoint James L. Marovitz to the Board of Trustees and requested Board approval and immediate administration of the oath of office. Trustee Marty moved, seconded by Trustee York, that James L. Marovitz be appointed to the Village Board and sworn in immediately. Motion carried unanimously. Following administration of the oath of office, by the Village Clerk, Mr. Marovitz took his seat on the Board. Trustee Seidman moved, seconded by Trustee York,that the minutes of the previous meeting be approved as presented. Motion carried unanimously with Mayor Forrest voting and Trustee Marovitz abstaining. DECEPTIVE PRACTICES ORDINANCE A report from Chief of Police Richard Brandt CHIEF BRANDT REPORT /RECOMM. pointed out that over the past several years the Village has been very successful in adopt- ing local ordinances to more effectively deal with minor criminal problems. He stated that the passing of bad checks is victimizing Deerfield business people, but that where the amount is small, the State's Attorney's office is reluctant to prosecute offenders. A local ordinance would enable the police department to handle minor cases more efficiently, leaving serious offenders to be pro- secuted under State statutes. Trustee Marty moved, seconded by Trustee Seidman, to instruct the Village Attor- ney to work with Chief Brandt in the preparation of an ordinance for Deceptive Practices. Motion carried unanimously. TAX LEVY 1983/84 Ordinance levying taxes for fiscal year May, ORDINANCE NO..0 -83 -29 1983 until April 30, 1984. Trustee Seidman moved, seconded by Trustee Marty, to approve'the 1983/84 Tax Levy Ordinance. Motion carried on the following vote: AYES: Marovitz, Marty, Seidman, York (4) NAYS: None (0) SPECIAL USE /PRD 1210 GORDON TERR. (BLUS) ORDINANCE NO. 0 -83 -30 property at the northwest corner Mgr. Franz stated that Mr. Blus was question- ing the requirement that he place funds in escrow for future street improvements as a condition of subdivision of his 300'x120' of Gordon Terrace and Willow Avenue. Considerable discussion followed with Mr._ Blus stating that he had already paid special assessments twice ... for 120 feet along Willow and 300 feet along Gordon. He pointed out that he was required to dedicate along the west of his property a 30'x120' strip for a future street to permit development of the rear of two lots to the north, neither',of which had ever been assessed for more than 120 feet. He stated that while he was willing to dedicate the land necessary for the future street, he feltithe owners of the two lots benefited should pay for 'the street and that the usual bond and escrow requirements be waived in this particular instance. Attorney Stucko stated that the bond and escrow requirements for developers was incorporated into the subdivision code to avoid cost and delay of installa- tion by special assessments and that the practice had been followed in the Hovland area as a condition of subdivision when necessary. Trustee Marty concurred with Attorney Stucko's statements, but noted that Mr. Blus' situation was unique in that he had already paid special assessments for two streets. Cynthia J. Marty Edwin B. Seidman J. Robert York Absent: Stephen 0. Jackson Vernon E. Swanson Also present were Village Manager Robert D. Franz and the Village Attorney, James K. Stucko. Mayor Forrest announced that he wished to appoint James L. Marovitz to the Board of Trustees and requested Board approval and immediate administration of the oath of office. Trustee Marty moved, seconded by Trustee York, that James L. Marovitz be appointed to the Village Board and sworn in immediately. Motion carried unanimously. Following administration of the oath of office, by the Village Clerk, Mr. Marovitz took his seat on the Board. Trustee Seidman moved, seconded by Trustee York,that the minutes of the previous meeting be approved as presented. Motion carried unanimously with Mayor Forrest voting and Trustee Marovitz abstaining. DECEPTIVE PRACTICES ORDINANCE A report from Chief of Police Richard Brandt CHIEF BRANDT REPORT /RECOMM. pointed out that over the past several years the Village has been very successful in adopt- ing local ordinances to more effectively deal with minor criminal problems. He stated that the passing of bad checks is victimizing Deerfield business people, but that where the amount is small, the State's Attorney's office is reluctant to prosecute offenders. A local ordinance would enable the police department to handle minor cases more efficiently, leaving serious offenders to be pro- secuted under State statutes. Trustee Marty moved, seconded by Trustee Seidman, to instruct the Village Attor- ney to work with Chief Brandt in the preparation of an ordinance for Deceptive Practices. Motion carried unanimously. TAX LEVY 1983/84 Ordinance levying taxes for fiscal year May, ORDINANCE NO..0 -83 -29 1983 until April 30, 1984. Trustee Seidman moved, seconded by Trustee Marty, to approve'the 1983/84 Tax Levy Ordinance. Motion carried on the following vote: AYES: Marovitz, Marty, Seidman, York (4) NAYS: None (0) SPECIAL USE /PRD 1210 GORDON TERR. (BLUS) ORDINANCE NO. 0 -83 -30 property at the northwest corner Mgr. Franz stated that Mr. Blus was question- ing the requirement that he place funds in escrow for future street improvements as a condition of subdivision of his 300'x120' of Gordon Terrace and Willow Avenue. Considerable discussion followed with Mr._ Blus stating that he had already paid special assessments twice ... for 120 feet along Willow and 300 feet along Gordon. He pointed out that he was required to dedicate along the west of his property a 30'x120' strip for a future street to permit development of the rear of two lots to the north, neither',of which had ever been assessed for more than 120 feet. He stated that while he was willing to dedicate the land necessary for the future street, he feltithe owners of the two lots benefited should pay for 'the street and that the usual bond and escrow requirements be waived in this particular instance. Attorney Stucko stated that the bond and escrow requirements for developers was incorporated into the subdivision code to avoid cost and delay of installa- tion by special assessments and that the practice had been followed in the Hovland area as a condition of subdivision when necessary. Trustee Marty concurred with Attorney Stucko's statements, but noted that Mr. Blus' situation was unique in that he had already paid special assessments for two streets. 234 Moreover, it was noted that the already dedicated west portion of the road was. no longer covered by escrow funds since the originally required $5,000 letter of credit (given by Chesterfield Builders) had expired. Trustee Marty moved, seconded by Trustee Seidman, that the ordinance granting a subdivision for 1210 Gordon Terrace be amended to waive the bond and escrow requirements. Motion carried unanimously. Trustee Marty moved, seconded by Trustee. Seidman to waive the rules to permit passage of the ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, to pass the amended ordinance granting a Special Use /PRD for 1210 Gordon Terrace. Motion carried on the following vote: AYES: Marovitz, Marty, Seidman, York (4) NAYS: None (0) VACATE WAUKEGAN RD. ENTRANCE Attorney Stucko explained that when it was DFLD. COMMONS SHOPPING CENTER hoped that the State would participate in ORDINANCE NO. 0 -83 -31 funding a traffic light on Waukegan Rd. at the Deerfield Commons Shopping Center entrance, roughly 100 feet of the driveway was dedicated to the Village as public right - of -way in order to meet State requirements. Since the State will not be parti- cipating and the cost of the light will be borne solely by the Bank, Commons, and the Village, it is timely to vacate the prior dedication for right -of -way. Trustee Marty moved, seconded by Trustee York, to waive the rules to permit passage of the ordinance on first reading. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marty, to pass the ordinance vaca- ting the previously dedicated portion of the entrance to the Deerfield Commons Shopping Center at Waukegan Road. Motion carried on the following vote: AYES: Marovitz, Marty, Seidman, York (4) NAYS:. None (0) SALES TAX COLLECTIONS Mayor Forrest stated that he had repeatedly CONSIDER STATE PROCEDURES questioned accounting procedures of the Illi- nois Department of Revenue in collecting and distributing tax receipts.- He noted that due to an error by.the State, Deerfield must relinquish $19,337.01 that should have been credited to Libertyville. Other municipalitites have reported serious problems, too. The Village has asked for a more thorough explanation of the $19,337.01 error before agreeing to monthly adjustments to compensate Libertyville. Mayor Forrest felt it was time to. initiate action to assure correctly recorded and distributed sales tax receipts. He favored State legislation toy require the Illinois Department of Revenue to provide municipalities with each business add - ress.and sales tax receipts listed at every particular location. Businesses are presently listed by categories only, making it difficult, if not impossible, to verify sources of sales tax revenues. He favored requesting the Illinois Munici- pal League and the Municipal Finance Officers' Assn. in drafting appropriate legislation. He added that he felt sure Senator Barkhausen and Representative Peterson will work with Deerfield in introducing a bill in the Illinois General Assembly. After a short discussion, Trustee Seidman moved, seconded by Trustee York, to adopt a Resolution urging the legislature to present such a bill to the Senate and the House. Motion carried unanimously. PUBLIC HEARING Amendment of Existing Annexation Agreement for Fishman Property (formerly Strub Farm) Mr. James O'Halloran, one of the owners and attorney for the owners of the Fish- man property, represented the petitioners He stated that at the Plan Commission public hearing two major items had been considered: 1) his discussions with Vil. Att'y. Stucko and adjoining property owners regarding the improvements of Huehl Road, and 2) the discussion by Bax- ter Travenol Laboratories (present leasee and holderof purchase option) with the Village Planners regarding construction of another building on the site. *j 235 ►,v Mr. O'Halloran weNVolkswagen to say that during discussions with all the attorneys for the petitioner, tlage, and adjoining property owners, it was the consensus that now was the riate time to wrap up all the outstanding issues and at- tempt to resolve 11 in the ammended annexation agreement. He pointed out'thm had agreed to dedicate to the Village 25 feet along its east property so t ere would be no question that Huehl Road can be built, thereby ending a tandi question as to the actual dedicated right -of -way. He added that Fisas also elinquishing the right (contained in the original agreement) to haystaurant nd cocktail lounge on the site. Morever, they would agree to exheir front e road to the westernmost edge of their site in order to servi Volkswagen operty at this time. Mr. O'Halloran stated that Baxte r would e building under the new I -1 classifi- cation and that the amended annexation sp aks to specific variations that are required if the proposed plan is considere in light of the present I -1. He noted that the dedication of the,25'strip fo Huehl Road would leave a shortage of parking spaces, necessitating a variation, d that Baxter wished to bank some parking spaces (for future use if. require in order to plant additional greenery. He noted that Baxter would be a sing -use occupant requiring few- er parking spaces than a multiple -use tenant. Mr. Michael Schwartz of the Plan Commission stated t t they had. unanimously agreed that the proposed amendment was in the best in rest of Deerfield and they had found few negative aspects. They were particu arly interested in the possibility of a permanent easement for the Volkswag n property if annexed to the Village. He did not forsee any lack of parking sp es. The Plan Com- mission approved of deletion of a restaurant and cocktail 1 unge and the dedica- tion for Huehl Road. Trustee Seidman asked whether there would be offices in the ba ment of the new building which is planned to serve as a storage department. Mr. O'Halloran stated that the Plan Commission hearing,. Baxter's representative ubmitted that there would be no offices in the basement, only storage. At Trustee Marty's request, Attorney Stucko submitted his views on t e proposed amended annexation agreement. He stated that the proposal does solve number of issues of long standing, not the least of which is the final dedica 'on for Huehl Road which will provide direct access to the southern portion of e Volkswagen property. Also provided, is the continuation of the frontage ad between the Stein property on the east and the Volkswagen property on the est. Both agreements are preconditions to the execution of the amended annexatio agreement by both the petitioner and the Village Board. He pointed out that before the Village adopts a resolution authorizing signing of an amended agre - ment, the Village will have the plat of dedication for Huehl Road, the recipro all easement to the east and an agreement with property owners of Volkswagen to,the west. Attorney Stucko went on to say that there had been many negotiations with Arthur Chapman, attorney for the Volkswagen ownership, who had continually expressed the desire to annex to Deerfield. Huehl Road has always been an important con -, sideration to Volkswagon who have wanted a direct access to their - southern site from Lake -Cook Road. Also, the Village has been interested for some time in elimi- nating the hazardous Volkswagen entrance onto Lake -Cook Road. Mr. O'Halloran had expressed concern, whether or not a straight easement from Volkswagen directly across the front of the Fishman property would be overencumbered'in the event the entire 38 -acre Volkswagen property, south and west, was developed. He went on to state that Mr. O'Halloran's group has agreed to grant the easement to serve the Volkswagen .property under its current development, but if it is to be developed further later ofi,'after annexation, they will consider an expanded easement,for a 2,36 Mr. O'Halloran went on to say that during discussions with all the attorneys for the petitioner, the Village, and adjoining property owners, it was the consensus that now was the appropriate time to wrap up all the outstanding issues and at- tempt to resolve them all in the ammended annexation agreement. He pointed out'that Fishman had agreed to dedicate to the Village 25 feet along , its.east property line so there would be no question that Huehl Road can be built, thereby ending a long standing question as to the actual dedicated right -of -way. He added that Fishman was also relinquishing the right (contained in the original agreement) to have a restaurant and cocktail lounge on the site. Morever, they would agree to extend their frontage road to the westernmost edge of their site in order to service the Volkswagen property at this time. Mr. O'Halloran stated that Baxter would be building under the new I -1 classifi- cation and that the amended annexation speaks to specific variations.that are required if the proposed plan is considered in light of the present I -1. He noted that the dedication of the 25'strip for Huehl Road would leave a shortage of parking spaces, necessitating a variation,and that Baxter wished to bank some parking spaces (for future use if required) in order to plant additional greenery. He noted that Baxter would be a single -use occupant requiring few- er parking spaces than a multiple -use tenant. Mr. Michael Schwartz of the Plan Commission stated that they had unanimously, agreed that the proposed amendment was in the best interest of Deerfield and they had found few negative aspects. They were particularly interested in the possibility of a permanent easement for the Volkswagen I property if annexed to the Village. He did not forsee any lack of parking spaces. The Plan Com- mission approved of deletion of a restaurant and cocktail lounge and the dedica- tion for Huehl Road. Trustee Seidman asked whether there would be offices in the basement of the new building which is planned to serve as a storage department. Mr. O'Halloran stated that the Plan Commission hearing,. Baxter's representative - submitted that there would be no offices in the basement, only storage. i At Trustee Marty's request, Attorney Stucko submitted his views on the proposed amended annexation agreement. He stated that the proposal does solve a number of issues of long standing, not the least of which is the final dedication for Huehl Road which will provide direct access to the southern portion of the Volkswagen property. Also provided, is the continuation of the frontage road between the Stein property on the east and the Volkswagen property on the west. Both agreements are preconditions to the execution of the amended annexation - agreement by both the petitioner and the Village Board.. He pointed out that. before the Village adopts a resolution authorizing signing of an amended agree- ment, the Village will have the plat of dedication for Huehl Road, the reciprocal easement to the east and an agreement with property owners of Volkswagen to the west. Attorney Stucko went on to say that there had been many negotiations with Arthur Chapman, attorney for the Volkswagen ownership, who had continually expressed the desire to annex to Deerfield. Huehl Road has always been an important con- sideration to Volkswagon who have wanted a direct access to their southern site . from Lake -Cook Road. Also, the,Village has been interested for some time in elimi- nating the hazardous Volkswagen entrance onto Lake -Cook Road. Mr. O'Halloran had expressed concern whether or not a straight easement from Volkswagen directly across the front of the Fishman property would be overencumbered in the event the entire 38 -acre Volkswagen property, south and west, was developed. He went on to state that Mr. O'Halloran's group has agreed to grant the easement to serve the Volkswagen property under its current development, but if it is to be developed further later ori, after.annexation, they will consider an expanded easement.for a greater use of the Volkswagen property after a.traffic study has been prepared and submitted to the corporate authorities and the P1an'Commission. Mr. Johnson of the Baxter Laboratories indicated he would be willing to leave it to the Village to examine any development of the Volkswagen tract at a future date regarding traffic patterns, traffic needs and what kind of easement from the Fishman property would be required to serve the Volkswagen property. Attorney Stucko stated that Mr. Chapman of Volkswagen had indicated, somewhat, his agreement with these terms, but did furnish an alternative form for paragraph num- ber five dealing with this issue where he speaks of a perpetual easement to the property and wishes to identify the entire Volkswagen piece as the entire 38 acres. He also wants the agreement at this time to expand the easement to take into account for any expanded use of the Volkswagen property. 237 Attorney Stucko went on to say that when the Board decides which approach to take, Mr. Chapman's wish that work on the extension to his property be done promptly, while a good one, was not in the current draft of the annexation agreement. Attor- ney Stucko felt the concept of- a .traffic study at,-the time the Volkswagen piece is' developed should be retained. He.added that he did not think the property owners involved were too far apart. Mr. O'Halloran disagreed with Mr. Chapman's wish for a perpetual easement at this. time (before annexation) and stated that to grant that wish was tantamount to giving them a blank check. He stated that Baxter would not agree to such terms as they were concerned with the possibility of thousands of square feet of office building generating and funnelling traffic through the one entrance, thereby tieing up their own traffic flow. He added that Baxter had eventually agreed to the language in the original paragraph number 5 which puts only two restrictions on the easement: 1) to serve Volkswagen as it now exists, and 2) for an expanded use, Volkswagen will agree . to annexation to the Village with their plans pursuant to a traffic plan approved by the Village and costs borne by the Volkswagen development. Mr. O'Halloran went on to say, "Volkswagen is not in the Village. We're granting it an easement. I'll agree with Village control, but I do not wish an expanded easement subject to-Volkswagen approval." Mr. Bob Goldman, Attorney for the Stein property, stated that he had examined the two paragraphs .(#5) and the answer lay somewhere between the two, but that it would require atily a five or ten minute meeting to finish the document. Mr. O'Halloran reiterated that he was willing to work with the Village and have language accept- able to Attorney.Stucko. Attorney, Stucko felt the language of the agreement could be worked out to the satisfaction of all parties. . There being no further testimony or questions, Mayor Forrest adjourned the public hearing. FISHMAN ANNEXATION AGREEMENT Mr. Franz read the recommendation of the Plan PLAN COMM. REPORT /RECOMM. Commission that the proposed amended annexa- tion agreement be approved (easement provisions for Volkswagon property a separate recommendation) subject to the following con- siderations: a) A tree be added to the easternmost building; b) The wording of the agreement -be updated to reflect the Public Hearing proceedings; c) The landscaping of the south and western property lines be deferred until such time as those adjacent properties are developed or redeveloped; d) These variations set forth in the ammended annexation should be granted, including the eastern perimeter setback encroachment of the existing building which is created by the taking for the Huehl Road right -of -way. Recommendation carried on a vote of 5 to 0. EASEMENT RECOMMENDATION The Plan Commission recommended (on a vote of 7 -0) that the proposed.annexation agreement reflect the following: 1) There be an access easement westward from the Wilmot Road /Frontage Road intersection to'the west line of the Fishman - Baxter property. That easement would allow traffic from the existing Volkswagon facility to exit to the Wilmot and Lake -Cook Road traffic signal. 2) Should the properties to the west and /or south be annexed to Deerfield and developed or redeveloped, any costs for road, signal, 'or other improvements necessitated by the intensification of traffic generated by those.properties should be borne by those properties. While.not a.necessary part to the present requests before the Plan Commission, it is also recommended (on a vote of 5 to 0) that.the Lake -Cook Road traffic signals currently in place and those contemplated in the future be synchronized the length of Lake -Cook Road. The costs of such synchronization should be borne,by the various developments along Lake -Cook Road. Following a short discussion, Trustee Marty moved, seconded by Trustee Seidman that the attorney prepare a resolution authorizing the execution of the amended and restated annexation agreement, with the matter to be returned toithe agenda when all the documents called for in the agreement as exhibits are at hand for Board examination. Motion carried unanimously. The Board asked Att'y. Stucko to look into the possibility of extending the present annexation agreement beyond its expiration date next spring. 23� The Board was in receipt of a report -from the Village Manager regarding a num ber of complaints about Village restrictions on structures in the public right -of -way (ROW). Mr. Paul Daube of Country Lane was present objecting to being ordered to remove or relocate on his private property his decorative fence constructed in the ROW without, a check with the building department which would have advised him that ROW,.structures were prohibited. Mr. Daube was of the opinion that provision should be made for decorative structures in the ROW. It was pointed out that all structures in the ROW were prohibited for the following reasons: 1. In most cases, utilities are located within the ROW. Extensive landscap- ing /fencing make sewer /water main repair work an even more difficult job. Also, snow plowing operations are hindered when residents place decora -, tive structures along the street. 2. By allowing structures within the public ROW, the village assumes a. liability since that area is under village jurisdiction. I After considerable discussion and recognition of the danger in legislating for aesthetic reasons or authorizing the building department to exercise per- sonal discretion in every instance, the Board thought it unwise to alter the present code which impartially prohibits ROW structures throughout the Village Trustee York noted that the water barrels provided for gardeners at the Hoe! Hoe! Hoe! project had been insufficient during the past summer. He asked that Staff review the possibility of running an overland water line into the project from a nearby'water hydrant,with each gardener charged $2 for water. Trustee Seidman inquired about research on collection of sales tax on items sold at Art and Craft Fairs held in the Village. Village intern Jerry Peterson stated that the Finance Director in Lake Forest said that no special effort was made to collect sales tax, but the matter was left to individual fair conductors.' Mayor Forrest.$tated'that he had paid sales tax on items bought at Antique Shows in Lake Forrest and directed Mr. Peterson to try to contact the conductors of such shows and continue research into the matter. Mayor Forrest stated that the Board had a number of reports regarding house construction at 118 Willow Avenue which has not been proceeding satisfactorily. Mgr. Franz stated that on June 6 a building permit was extended for a six months period on a month -to -month review basis and that quite a bit of activity occurred in June and July. But, weekly inspections in August showed little or no activity. Mr. Joel Goldman, the owner's attorney, was notified of the dwindling activity. He replied that his client still hopes to live within the deadline, specifically September 30, as the date by which the exterior and landscaping would be complete. Staff is of the opinion that it is highly unlikely that the 'deadline will be met without an all -out effort by the owner. Mr. Goldman was requested to be present at the meeting to explain the status of the project in order to enable the Board to decide if the permit should be extended. Mr. Goldman stated that within the next three weeks the fireplace, chimney locks, roofing and roof tiling will be in place, and that concrete work will be done on the floors. Regarding installation of windows, Mr. Goldman could not recall exactly what had been promised. Reading from the minutes of the June 6 meeting, Mr. Franz quoted Mr.•Goldman as stating that the exterior and landscaping would be completed by or before September 30 and that a'good deal of the interior would be completed by that time. Mr. Franz stated that the Board had been looking for a date on which anyone driving by on Willow would see a house with a finished exterior which would give the appearance that it was an occupied home. Mr. Gold- man stated that it was his understanding that by September 30 those exact criteria , would be met. Mayor Forrest asked Attorney Stucko if it was possible to require the owner to place funds in escrow to guarantee completion of the house after October 1. Mr. Stucko stated that such a possibility had been discussed at the June meeting with Mr. Goldman who had stated that they had a sum of $10,000 plus a loan commitment. Mr. Goldman agreed with Mr. Stucko's statement. Mayor Forrest asked that the matter be on the agenda for September 19 so that the Board could consider the establishment of an escrow to assure exterior completion after October 1 and before the winter months prevent exterior work and prolong the "eyesore ". Attorney Stucko will be in touch,with Mr. Goldman regarding escrow funds. APPOINT CHRISTOPHER STRONG Mayor Forrest announced that Mr. Thomas CHAIRMAN, DEERFIELD ENERGY COMM. Whaley had resigned as chairman of the Deerfield Energy Commission and that he wished to recommend that Christopher Strong be appointed Chairman to re- place Mr. Whaley. Trustee Seidman moved, seconded by Trustee York, to accept Mayor Forrest's recommendation. Motion carried unanimously. There being no further business to come before the Board, upon motion by Trustee Seidman, the meeting was adjourned at 9:45 P.M. i OVED: Mayor ATTEST: �0- Village Clerk 1 1 239