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03/18/1985March 18, 1985 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 Monday, March 18, 1985 at 8:12 P.M. The Clerk called the roll and announced the following were Present: Bernard Forrest, Mayor Stephen 0. Jackson James L. Marovitz " Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York and that a quorum was present and in attendance. Also present were Village Mana- ger Robert D. Franz and Village Attorney James K. Stucko. Trustee Seidman moved, seconded by Trustee Jackson, to approve the minutes of the previous Board meeting. Motion carried unanimously. APPROVE WARRANT Trustee Seidman moved, seconded by Trustee NO. W -85 -03 Marovitz, to approve the bills and payroll including reimbursement and transfers. Motion carried as follows: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) TREASURER'S REPORT Finance Director George Valentine stated that in view of the fact that there had been no double digit increase in Sales Tax receipts during the past seven months, it was heartening to note the significant increase of 13%, received` in February over that of February 1984, indicating sales tax reported by the stores replacing Montgomery Ward. He reported that expenditures are all performing as budgeted except for Street and Water. The Street budget may exceed its budget due to the replacement of overhead electrical lines with underground cable on Waukegan Road. Water sales are higher than normal, about 7% over the 1983/84 sales. AWARD TO DEERFIELD The.Certificate of Conformance in Financial CERTIFICATE OF CONFORMANCE Reporting has been awarded to the Village IN FINANCIAL REPORTING by the Covernment Finance Officers Associ- ation of the United Stated and Canada. It AND signifies that Deerfield has demonstrated AWARD TO FIN. DIR. GEO. VALENTINE a constructive "spirit of full - disclosure" FINANCIAL REPORTING ACHIEVEMENT effort to make its financial reports clearly understandable to everyone. Of 80,000 governmental units in the United States, 600 have received the award. Of the 6,500 governmental units in Illinois, Deerfield is the 42nd to recei i ve the award. In addition, Finance Director George Valentine has been presented with an Award of Financial Reporting Achievement as the person primarily responsible for Deerfiela's having earned the Certificate of Conformance in Financial Reporting. Mayor Forrest congratulated Mr. Valentine and presented with the "well deserved" award. All present expressed their appreciation. GALVANI COMMERCIAL PUD Manager Franz reported that the Plan Commis - AMENDMENT TO SPECIAL USE sion had held a public hearing February 28, PLAN COMM. REP. /RECOMM. 1985 to consider the request of Mr. Theo. AND Galvani for an amendment to his previously granted C -1 PUD so as to include a Special VCDC REP. /RECOMM. Use for a take -out restaurant. The Plan Commission recommended, on a vote of 4 -0, that the request be approved. Also, the Village Center Development Commission had met on February 21, 1985 to consider Mr. Galvani "s request and recommended approval on a vote of 7 -0. Trustee Seidman moved, seconded by Trustee Jackson, to approve the Plan Commission and VCDC recommendation, and to instruct the Village Attorney to prepare the ap- propriate ordinance. Motion carried unanimously. STEIN ARBORLAKE DEVELOPMENT Manager Franz reported that a public hearing AMENDMENT OF SIGNAGE PLAN was held on February 14-and continued to PLAN COMM. REP. /RECOMIM. February 28, 1985 to consider the request of �1 �J /.�2 e the developers of Arborlake Centre to amend the previously approved signage plan in regard to the site identification sign. The Plan Commission reported: It is the belief of the Plan Commission that the approval of the original pole sign was given in light of testimony that it would not be visible from any residence, in Deerfield. Neither the Plan Commission, Board of Trustees, nor the petitioner considered any area of the Village other than the nearby Hovland area. Approval of the original sign was the result of a good faith mistake by all parties. Therefore, the Plan Commission took a vote on a motion to approve the proposed "artistic element" as an improvement over the already approved sign, resulting in a vote of: Ayes: 2, Nays: 1, Abstain: (1). On the motion to recommend to the Village Board that the previously approved sign was approved with improper information and that the developer is to satisfy the requirement that the sign will not be visible to any of the residences in Deerfield, there were Ayes: 2, Nays: 2. Neither motion carried for lack of a majority. Mr. Ted Novak, attorney for the petitioner, stated that when the original sign was presented there was considerable concern regarding the magnitude of the 75 -foot, 4 -sided sign. Representation was made that it would not be visible from any resi- dential area. However, it was later discovered that a few homes, under certain circumstances, could see a small portion of the sign's top. After the original sign had been approved, Mr. Stein went back to his architects and graphic experts and told them that because of the Board's and neighbor's concerns, they were to readdress this particular issue. Doing so, they designed what is felt to be a much better solution to graphically marketing a product. He presented models -to- scale of the two signs and stated that they considered the new model not a sign but an artistic element. Mr. Andre King, graphic consultant, stated that readdressing the issue, a total new look evolved... a structure having only three 20 -foot sides and a total height of 73 feet, instead of the original 75 -foot sign with four 28 -foot sides. The new structure is to be a crystal type element, with a prismatic look, constructed of diffusing glass so that the interior lighting will produce a soft ivory - colored glow instead of emitting a beam. He said that the lighting was accomplished by interior flood lights at the base, with the light diminishing half -way up and dimming at the top. The shape of the element could be seen for 1,500 to 2.000 feet and the lettering from 400 to 700 feet. Trustee Swanson asked if the lighting could be adjusted. Mr. King said it could. Asked whether the height could be reduced, Mr. King replied that to do so would produce a squat little piece instead of a tall, gracious element. Mr. Novak pointed out that the structure will not be perceived as 73 feet tall since it sits 25 to 30 feet below grade, which necessitates its height in order -to be seen from the tollway, tollway spur, and Lake -Cook Road. Considerable discussion followed with this. Board asking numerous questions about smaller lettering, shorter readability distance than originally represented as necessary, etc. Mr. King stated that while the readability distance has been shortened, passersby had a better visual image to nq(te_ Mr. Novak stated that the flan Commission had requested a new computer analysis, video analysis, and sight line analysis and they had been made and checked with marketing experts. These experts indicate that the new model will accomplish what the original model would have achieved. He stated that the petitioner was enthusiastic about the new model. Mr. Thomas Scheckelhoff, architect, displayed photos and stated that there were three, perhaps four, residences on Forsythia Drive, one -half mile away, where the sign could be seen as a glow but not as a positive shape, under certain circum- stances. He stated that from the second floor window of one residence and at ground level, with proper positioning, at two or three other homes, the sign ,could be seen. Mr. Novak stated that he had great sympathy.for the residents of Clavinia, but felt that the sign was actually a vehicle used by residents of Forsythia Drive to address issues unrelated to the sign ... tollway signs, right -of -way expansion, and other elements in the immediate area which have a negative effect on the residences. Mayor Forrest pointed out that the sign can still be seen from those residences and asked if there was anything thatcould be done to reduce the size of the sign or something else done to shield the homes. Mr. Novak replied that it was the opinion of the professionals that the sign can't be reduced, but there are a number of things that can be done. He stated that he had the authority to offer this group of homeowners $10,000 to landscape their area in the fashion they wish, or have the peitioner do so, so that the sign won't be visible from those particular houses. Seven residents of the Clavinia area were present to object to the size of the sign and the glow factor which they stated would add to the light pollution from the tollway, overpass, and the non - residential uses near their homes. Trustee Seidman was concerned thatk'the size of the sign would set a dangerous precedent. If the entire piece is not called a sign, then "there's another wholly new concept of structure ". Mr. Novak replied that Mr. Stein is willing to construct whichever sign the Board chooses. Plan Commissioner Joseph Koss read a statement wherein he rescinded his approval of the original sign and rejected the new sign. He submitted that the Stein development was positioned on a peninsula, was beautifully designed, and would in itself be a sign. He felt that the new sign was inconsistent with efforts toward harmony along the Lake -Cook corridor, and urged the Board to return the proposal to the Plan Commission. Trustee Marty moved, seconded by Trustee Jackson, to amend the Special Use i ordinance for the Arborlake Centre by eliminating the previously approved 75 -foot pole sign by substituting instead a 73 -foot, 3- sided, free standing, glass structure with interior lighting, including a means of adjusting its foot candle power, and provision by the petitioner for landscaping to render the sign invisible to homes on Forsythia Drive, at a cost not to exceed $10,000. The motion carried, Trustee Seidman dissenting. The Board recessed at 9:45 P.M. and reconvened at 9:55 P.M., all members being present and in attendance. HOVLAND AREA Having been instructed by the Board to re- COMPREHENSIVE PLAN AMENDMENT review the Comprehensive Plan iregarding the Hovland area, the Plan Commission held a.public hearing on January 10, 1985 to consider the area bounded by Wilmot Road, Gordon Terrace, Fairview, and Lake -Cook Road. On February 4, 1985, the area bounded by Wilmot Road, Gordon Terrace, Fairview, and Laurel Avenue was considered. The Plan Commission submitted the following: III.'Recommendation Itis the recommendation of.the Plan Commission that the Lake -Cook Road tier of four blocks be considered separately from the four blocks to the north of that tier of blocks. Four Block Area North of Gordon It is the recommendation of the Plan Commission that the Village continue its current policies and request right -of -way dedications when properties come in for resubdivision and only put interior streets in when they can be provided by the actual resubdivision itself. No effort should be made by the Village to precipitate the resubdivision of the property and the develop- ment of interior streets through those blocks. Whenever possible, cul -de -sacs should be utilized rather than having through streets bisecting the blocks. Four Block Area Bounded by Gordon, Fairview, Lake -Cook Road and Wilmot It is the recommendation of the Plan Commission that the Village concentrate its efforts on the two westernmost blocks of this tier of blocks and that " the following items specifically be.adopted as part of an amendment to the Comprehensive Plan and that the Village take affirmative steps to implement these plans: 1. The area should be restricted to single - family development only. 2. The street layout and lotting configuration of Exhibit "A" be implemented which utilizes the Burning Tree cul- de- sac.arrangement. 3. The extension of Country Lane should not intersect Wilmot Road but should. stop 'east of that point. 4. Where appropriate, variations of frontyard setbacks should be granted so . as to permit homes which would be built on lots adjacent to Lake -Cook Road to have greater setbacks from Lake -Cook Road. " t 5. Alandscaping easement should be required for those lots abutting Lake -Cook Road is 8 Exhibits.were'presented`by Mrs. Barbara Ruffino; Village Planner, and discussion wasihad..regarding•street patterns and suggested lot'configurations. Plan Commis - sion ,iMiLhael.'Schwartz',stateds that the Plan'Commissioh felt.Mrs. Ruffino had done an. excellent.job in coming up',with a'workable and.-flexible plan of development. She had::carefully considered 'ownership patterns ­and had shown how homes with driveways.onto- -Lake Cook Road.could have'idriveways­onto interior streets. He reported that much ;testimony. had, been --given at_�the' hearings by residents who soundly favored the plan. Trustee Marovitz asked'•!whether. the-Plan Commission.had the Village's power of. eminent domain in mind.;when it, recommended affirmative steps by the Village-to implement•the'plan. Mr.-'Schwartz.replied'.that there had been some discussion about-that, and he 'thought- they.:would not,have been adverse to it., They felt the Board should do all-it could to,move.forward.as'the properties came up for development. Trustee,•York'asked how such'a plan could work,. particularly if some one-owner did not'choose to ;co•operate. Mayor Forrest replied that the entire Hovland area' had been developed in exactly this fashion, with the Village giving zoning relief wherever•.street dedications and improvements were required. He stated that in, a few instances, when property owners were unable to get.together to get money to put An the .street,, the Village had put.in the streets by special assessment. A Special Use district could be establ•ished:which cost homeowners even less. Trustee Jackson thought the plan was well thought out, but wondered if anyone else on the, Board would like to see garden type apartments in the Village as he did did�'and'felt'the area suitable for such housing. Mayor Forrest stated that the Board had,gone on record over the last twenty years, three.times in Court, to protect single family zoning in that area, and he would oppose any other type of zoning. Mrs: Marilyn Scholl of.Birchwood Avenue stated that she,had attended the-Plan Commission hearing and heard tremendous support for the suggested plan. as well as support for retaining the area as single family. The Board a,ccep'ted the basic street pattern presented, and favored the possible lot configuration plan, with'the same to be• included in the Opportunity Area section of.the Comprehensive Plan as guidelines for possible developers. Trustee-Marty moved,•seconded by Trustee Seidman, to amend the Comprehensive Plan to include.. the five points recommended by the Plan Commission, and that the appropriate documents be prepared for consideration by the Board. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Swanson, to amend the Comprehensive Plan for the area bounded by Wilmot Rd., Gordon Terrace, Fairview, and Laurel Avenue for development under the current policy except that wherever possible cul -de -sacs should be utilized rather than streets bisecting the blocks.' Motion carried unanimously. HEALTH CLUB - DEERBRO.OK A public hearing was held by the Plan Com- SPECIAL.USE mission on February 28, 1985 to consider PLAN COMM. REP. /RECOMM. the request of Joseph Valenti of Deerbrook Shopping Center for an amendment to his Special.Use for a. PUD to include a Special Use for a health club facility and the expansion of an existingjbuilding.in •the shopping center to permit a swimming pool as part of ,the health club..') On a vote of A- 0,'the•Plan Commission recommend - ed- t•hat•!the Special:Use be approved and the_;signage plan for the building be ap- proved. Trustee Seidman moved,. seconded by Trustee Jackson, to accept the Plan Commis'sion recommendation to amend the Special Use,'for'..a Health Club in the Deerbrook Shop- ping Center, and that the appropriate ordinance.'be prepared,.- Motion carried unanimously. Regarding an interconnection '.of -Dee,rbrook Shopping Center and Lake Cook Plaza, Mr. Valenti stated he was willing,to discuss the matter in an appro- priate forum. ( 3313.'ELMWOOD (WISE) IREZONING - ;& .RESUBDIVISION. JP LAN COMM.: REP. /RECOMM.:. to .R= 3,'single family; and for On a vote of 4 -0, the Plan Co be granted and that sidewalks The Plan Commission held a public hearing on February 28, 1985 to consider the request of Mr.'Wise for the-rezoning of his property at 1333 Elmwood Drive from R -1 single family the resubdivision of that property intd five lots. nmission recommended that rezoning and resubdivision ' and the easement ,to the,park be required. Trustee Marty moved, seconded by Trustee Marovitz, that the Plan Commission recom- mendation be accepted and• the appropriate ordinances be prepared. ra4 Trustee Swanson stated that this area does not generally have sidewalks, and since there are sidewalks across the street, he saw no need to require them for the sub- ject property. Trusstee Swanson moved, seconded by Trustee York, to amend the motion to exclude the sidewalk requirement. Motion carried unanimously. The amended motion carried unanimously. 1985 ZONING MAP PLAN COMM. REP. /RECOMM. ing Map. Motion carried unanimously. VARIOUS TEXT AMENDMENTS ZONING ORDINANCE ORDINANCE NO. 0 -85 -09 i Trustee Seidman moved, seconded by Trustee Marty, to accept the recommendation of the Plan Commission and approve the 1985 Zon- Trustee Marovitz moved, seconded by Trustee Swanson, to pass the ordinance covering various text amendments. Motion carried as follows: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) Attorney Stucko stated that it was the considered opinion of the Plan Commission that when the ordinance containing items applicable to the Matas Corporation was adopted, an amendment to the Matas ordinance should be prepared to give them the benefit of this approval without another hearing. He will prepare the ordinance for Board consideration at the next meeting. HEIGHT MEASUREMENTS First reading of ordinance. TEXT AMENDMENT MAYOR AUTHORIZED TO SIGN Trustee Seidman moved, seconded by Trustee WARRANTY DEED CONVEYING York, to authorize the Mayor to sign the ADDITIONAL BRICKYARD PROPERTY Warranty Deed conveying additional property TO SVEN FLODSTROM in the brickyards to Sven Flodstrom. Motion carried on following vote: AYES. JACKSON, MAROVITZ, MARTY, SEIDMAN -, SWANSON, YORK (6) NAYS: NONE (0) DESIGNATE CANVASSING BOARD Trustee Seidman moved, seconded by Trustee FOR MUNICIPAL ELECTION Marty, to waive rules to pass ordinance on, ORDINANCE NO. 0 -85 -10 the first reading. Motion carried unanimous- ly. Trustee Seidman moved, seconded by Trustee Marovitz, to pass the ordinance designating Mayor Forrest, Cynthia J. Marty, and Village Clerk Clampitt as the Canvassing Board for the Municipal Elec- tion. Motion carried as follows: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) TENTATIVE ANNUAL BUDGET FILED Trustee Seidman moved, seconded by Trustee ORDINANCE NO. 0 -85 -11 Marty, to waive the rules to pass the ordi- on first reading. Motion carried unani- mously. Trustee Seidman moved, seconded by Trustee Marovitz, to pass the ordi- nance providing for filing the Tentative Annual Budget. Motion carried as follows: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) AMEND ILL. BELL AGREEMENT Manager Franz stated that with the divesti -� .RE: FRANCHISE FEES ture of Bell Telephone and AT &T, Illinois ORDINANCE NO. 0 -85 -12 Bell was required to.amend the Franchise Agreements with respect to fees. The amend - ment will increase fees paid to Deerfield. The Illinois Municipal League recom- mends that the amended franchise fee section of the agreement be approved and Staff concurs. Trustee Seidman moved, seconded by Trustee Marty, to pass the ordinance amending the Illinois Bell Telephone Agreement re: Franchise Fees. Motion carried on the following vote: i AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) I- SEARCH (RECOVERING CHILDREN) Police Chief Richard C. Brandt stated that INTERGOVERNMENTAL AGREEMENT the Illinois State Enforcement Agency to MAYOR'S SIGNATURE AUTHORIZED Recover Children (I- SEARCH) is a program RESOLUTION NO. R -85 -10 authorized by the Intergovernmental Missing Child Recovery act of 1984 that allows the Department of Law Enforcement of the State of Illinois to provide grants to local government bodies who combine .to establish an I- SEARCH Unit. A Unit must consist /3a the Department of Law Enforcement of the State of Illinois to provide grants to local government bodies who combine to establish and I- SEARCH Unit. A Unit must consist of two or more governmental entities with adjoining boundaries. The Deerfield Police Department, along with the Bannockburn Police Department, proposes to form an I- SEARCH Unit. An intergovernmental agreement must be executed in conformity with the Intergovernmental Cooperation Act between the two communities. The Village of Deerfield will be the primary contact agency since it maintains a Law Enforcement Agency Data System (LEADS) terminal. In essence the department will be doing much it has been doing in the past; finger printing of children, school programs, etc. Formation of the unit will in a sense help pay for some of the things that are already being done and will enable the department to provide data processing for the juvenile unit. Appli- cation will be made for a grant of $49,000 to provide, primarily, computeriza- tion of the juvenile records. Trustee Marty moved, seconded by Trustee Marovitz, to pass the resolution authori- zing an 'Intergovernmental Agreement between Deerfield and Bannockburn for the formation of an I- SEARCH Unit. Motion carried on the following vote: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) There being no further business to come before the Board, the meeting was adjourned at 11:00 P.M. APPROVED: Mayor ATTEST: Village GlerLj I