03/07/1994March 7, 1994
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 7, 1994, at 8:00 P.M. The
clerk called the roll and announced that the following were:
Present: Bernard Forrest, Mayor
Marvin W. Ehlers
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Michael Swartz
and that a quorum was present and in attendance. Also present
were Village Manager Robert Franz and Attorney James Stucko.
Trustee Swartz suggested that in the minutes of the previous
meeting, the section regarding the traffic signal at Carlisle
Avenue and Deerfield Road should be amended to read, "It is Mr.
Alroth's opinion, however, that the preferred way to deal with
the situation is through intersection improvements, including
separate left turn lanes." Trustee Seidman made a motion,
seconded by Trustee Swartz, to approve the minutes of the
previous meeting as amended. Motion carried unanimously.
Reports
SIGNAGE MODIFICATION, At a public hearing on February 10, 1994
STARLITE CAFE, the Matas Corporation requested an
CORPORATE 500 CENTRE amendment to their signage plan to permit
Starlite Cafe lettering on both sides of
the entrance sign as well as on an additional wall sign to be
erected on the portion of the building between 520 and 540 Lake
Cook Road. The Plan Commission approved the request by a vote of
4 -0.
Charles Mack, representing Matas Corporation, attended the
meeting and responded to trustees' questions. Board members
expressed concern about setting a precedent. Also, since the
restaurant was built as being primarily for the benefit of the
tenants of the building, advertising was deemed unnecessary.
Trustee Swanson moved for acceptance of the recommendation and
preparation of the ordinance. Trustee Ehlers seconded the
motion. Trustee Ehlers voted in favor of the motion. All others
voted no. Motion failed.
Trustee Seidman made a motion to approve the interior wall sign
for Starlite Cafe. Trustee Swartz seconded the motion. Motion
passed unanimously. An ordinance will be prepared for the next
Board of Trustees meeting.
DEVELOPMENT OF FORMER Mayor Forrest began this portion of the
SARA LEE PROPERTY BY meeting by commenting that the
OPTIMA, INC. development of the former Sara Lee
property is one of the most important
projects to come before the Board of Trustees in many years. It
will affect everyone who lives in the Village, especially those
who live near it. He thanked Optima for their responsiveness to
staff and the Plan Commission in modifying their original
proposal.
Mr. Franz read the recommendations of the Plan Commission.
John Murphy, attorney for Optima, reviewed for the Board the
original plan proposed by Optima and the changes they have made
in order to receive the Plan Commission's recommendation. The
changes include: (1) Reducing the number of units by 25 %, from
650 to 498; (2) Changing the mix of units. About 50% of the area
of the development will consist of single family attached and
single family detached homes; (3) Changing traffic egress and
ingress to eliminate Waukegan Road curb cuts; (4) Changing the
site of the proposed fire station to the northern site preferred
by the fire department; (5) Consulting with many experts to
ensure a top quality project. Mr. Murphy added that many of the
consultants are in attendance to answer questions.
Mr. Murphy stated that the Optima development meets or exceeds
all control measures set forth in the Deerfield Zoning Ordinance
with respect to setbacks, density, building height, etc. They
have requested only three zoning variations, of which the
Planning Commission has approved two. The one not approved is
regarding the road width of the eastern ring road. Optima has
requested it be 24' instead of 28'.
Using a series of exhibits, David Hovey, President of Optima,
reviewed for the Board the specifics of the site plan. Optima's
concept for the 52 acre development is a lushly landscaped park
with large areas of lakes, fountains, and reflecting pools.
Along Waukegan Road are one and two family attached townhomes.
In the center are detached single family homes. In the western
portion are three and four story multi - family buildings in a
variety of configurations. The plan allows for 72% open space,
possible because all multi - family buildings have underground
parking. Detached single family homes each have a two car
garage. Overall, in the single family component, there are about
five parking spaces per residential unit. The main access to the
development is off Kates Road. On the north there is an access
onto Central. There are meandering sidewalks and jogging paths
throughout the development that connect to sidewalks on Waukegan
and Central. Mr. Hovey presented plans for extensive landscaping
and added that some existing trees will be relocated. A
clubhouse in the western part of the site will contain a banquet
room, an indoor swimming pool, exercise room and lockers. There
will also be an outdoor pool. Buildings will be in a variety of
shapes and configurations, but will all be made of Williamsburg
Red brick and limestone.
Trustee Seidman began the questioning by inquiring about Optima's
history in caring for private streets. Mr. Hovey replied that
all their developments in the past ten years have had private
streets. Nothing adverse has shown up in that time. Trustee
Seidman then asked about recycling. Mr. Hovey replied that they
are flexible on that issue.
Trustee Ehlers inquired about the trash pick up facilities for
the multi -story buildings. Mr. Hovey said they will have
dumpsters on wheels which will be rolled by the condominium
janitorial service to the pick up site. The condos will have
trash chutes.
Trustee Rosenthal inquired about the discrepancy in the distance
of the setback of the closest building to Waukegan Road. Mr.
Hovey said that the written description has precedence over the
drawing. The closest building to Waukegan Road will be 85' from
the Optima property line. Trustee Rosenthal asked if the four
story condos will be visible from Waukegan Road. Mr. Hovey
replied that because of the berming and the one and two story
buildings, he thinks the condos will not be visible. Trustee
Rosenthal asked about the guardhouses. Mr. Hovey said they are
strictly ornamental and will not be manned. Trustee Rosenthal
asked who will maintain the--sidewalks,' bike paths, etc. Mr.
Hovey replied that everything within the 52 acre property will be
maintained by the association.
Mayor Forrest stated that he is concerned about the marketing
report. The same company who did Optima's report also did the
report for The Fountains, and it was incorrect. He is concerned
about the average price of $568,000 for the single family homes.
What happens if the homes don't sell? Mr. Hovey said that all of
their developments have not only sold but have sold quickly.
Optima has an understanding of the market and confidence in their
product. They have led the north shore market in sales and have
-2-
always exceeded their sales projections. Also, the homes will be
sold over a four to five year period, not all at once. In
addition, only a few of the units will sell for the top price.
The development has a diverse size and price range.
Trustee Heuberger questioned the accuracy of Optima's parking
space analysis and whether the multi - family units have adequate
parking spaces. Mr. Hovey said their plan exceeds Village
requirements. Trustee Heuberger questioned the configuration of
the townhouse driveways. Mr. Hovey believes the design will work
out well and is an asset to the plan.
Trustee Swartz inquired how the condominium sub
interface with one another. Mr. Hovey said the
ownership of the community will be based on the
individual's home. In addition, all aspects of
be clearly defined, spelled out ahead of time,
the deed. This is not a new concept.
associations will
percentage of
value of each
maintenance will
and made part of
Trustee Swanson commented that the traffic studies by Barton
Aschman and by Paul Box and Associates are not in agreement. He
also commented that the Optima exhibits do not show the
geometrics of the intersections. Mr. Hovey said they do have
detailed engineering drawings of the intersections which they can
make available. Jerry Lindgren of Barton Aschman said that the
only difference between the two studies is that the Box study
recommended dual right turn lanes from Waukegan to Kates. Barton
Aschman feels only a single right turn lane will be necessary.
Trustee Swanson questioned whether Central will be able to handle
the volume of traffic generated by the development. Mr. Lindgren
said he feels Kates Road will get the majority of the traffic due
to its signalization. Mr. Hovey said he is flexible as far as
construction access. Trustee Ehlers suggested using the existing
Sara Lee truck entrance area. Mr. Hovey thought this was a fine
idea.
Trustee Ehlers asked about a property management office. Mr.
Hovey said it would be in the clubhouse. Maintenance services
will be provided by subcontractors to the association and will
not require separate facilities or equipment from the
development. The Optima management firm will operate for two
years, after which the association may bring in its own
management company. The two year period begins when 75% of the
development has been sold.
Trustee Heuberger inquired about recreational facilities for
school age children, and about the safety and welfare of the
younger children who live in the development. Mr. Hovey said he
is open to suggestions for recreational facilities, but from past
experience he believes this will be mostly an empty nester
community. Safety features include special planting beds between
Waukegan Road and the ponds to discourage children from falling
in. There is also a safety ledge around the entire lake area.
Trustee Heuberger wondered if consideration has been given to a
back entrance into the subdivision from the fire department. Mr.
Hovey said he is open to the Board's thoughts on that matter.
The only negative is that an entrance to the fire station would
provide a cut through between the development and Waukegan Road.
Trustee Seidman asked if Optima has built anything in Lake
County. Mr. Hovey described a complex in Highland Park. Trustee
Seidman expressed concern about the accuracy of Optima's traffic
study. Mr. Lindgren expressed confidence in the accuracy of the
report, saying that rush hour traffic is actually spread out over
a period of two or three hours. Also, the proximity of the two
train stations will be an incentive for residents of the
development to commute by rail.
Trustee Swartz inquired about cut through traffic and its effect
on Central. Mr. Lindgren said there will be some cut through
traffic, but, in his opinion, the design of the development will
discourage it. Mr. Lindgren estimates 3000 trips in and out of
-3-
the development per day, not considering cut through traffic.
The capacity of the two roads is.estimated to be 10,000 per day,
more with signalization.
Trustee Heuberger asked Mr. Lindgre,n.••if `'there is a way to
encourage cut through traffic, since this is the last available
site in which the Village could alleviate traffic off Waukegan
Road. Mr. Lindgren said a straight road through the development
would provide that relief, but the development, as planned, is
not designed to encourage cut through traffic.
Mayor Forrest asked Mr. Hovey if he is aware that the Plan
Commission has recommended that Optima pay for the intersection
improvements at Kates and Waukegan. Mr. Hovey is aware of that.
Mayor Forrest asked what assurances Mr. Hovey can give the Board
that the development will be completed as proposed, and how will
he finance it. Mr. Hovey said Optima typically puts a lot of
cash into their developments and borrows a relatively small
amount. They have a conservative approach to financing. The
planned development is a "horizontal" development in which one
section is finished and sold as another is being built. Mayor
Forrest inquired if the underground improvement would begin at
once. Mr. Hovey replied that he hopes to begin site work in
early summer, with all roads being in by the end of the year. He
hopes to have models open and have some occupancy by March, 1995.
Trustee Swartz commented he would like to see a cash flow
analysis. Mr. Hovey said the information is available and may be
reviewed by the Village.
Trustee Rosenthal expressed concern about the density of the
project, even with the reduction in the number of units agreed to
by Optima. She is concerned also about the lack of green space.
She is concerned that the development will not be an asset to the
Village overall. Mr. Hovey defended his development by saying it
has 70% open space. As far as traffic on Central, he reminded
the Board that he was told he could not put an access on Waukegan
Road, so Central was the only possible site. The development is
designed to be an empty nester community and, as such, will
generate less traffic than any other kind of residential
community. Many of the planned amenities for the development are
made possible by its density. Each time density is decreased,
there is more of a burden placed on a potential buyer. Mayor
Forrest interjected that while the development may be well and
good for the people who live there, there are concerns about
overburdening the schools, sewers, police department, etc. The
Board needs to balance the number of people and buildings coming
in with the incremental costs which will be incurred. Mr. Hovey
replied that the project will generate 2.6 million dollars in
property taxes per year, and 25 -30 million dollars in TIF money,
in addition to impact fees.
Trustee Ehlers asked about demolition of the present buildings.
Mr. Hovey replied that the present buildings will be demolished
by Sara Lee upon approval of the Optima proposal. The concrete
material from the existing foundation will be crushed to make a
stone aggregate which will be used as a sub surface for the new
roads. The fill for the sites will come from the excavation for
the basements and the lakes. The western portion of the property
will be raised by several feet to deemphasize the presence of the
Milwaukee Railroad tracks. Sara Lee will remove all debris from
the demolition. Asbestos has been removed by Sara Lee, as have
underground tanks. Groundwater has been tested, and the sewage
treatment plan has been decommissioned.
Trustee Heuberger asked about the underground sprinkler system
that will be used for watering the landscaping. Bob Hamilton,
civil engineer for Optima, responded that there is a deep well on
site. It may be used to recharge the lake, with lake water then
used to do the irrigation. If the deep well is not in good
condition, they will use shallow wells.
7 -4-
Deerfield Fire Chief, Jim Quinn, reported that he was pleased to
be granted the preferred northern site for a new fire station,
and is pleased with the cooperation he has received from Optima.
Richard Kamerman, the only member of the Plan Commission to vote
against the Plan Commission recommendation, summarized his
reasons for doing so. He feels the development is still too
dense and would have a negative impact on the community, traffic,
Village services, and the schools.
Trustee Heuberger made a motion to table further discussion of
the Optima plan until the next Board of Trustees meeting.
Trustee Swartz seconded the motion. Motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
Mayor Forrest asked that Paul Box and Associates review the
Optima traffic study before the next meeting.
The Board took a five minute recess.
Consent Agenda
ORDINANCE 0 -94 -06 Trustee Seidman moved for a waiver of the
FILING OF TENTATIVE rules so that the Ordinance could be voted
ANNUAL BUDGET on at the first reading. Trustee Swartz
seconded the motion. Motion passed
unanimously. Trustee Seidman made a motion adopt the ordinance.
Trustee Swartz seconded the motion. Motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
Old Business
ORDINANCE 0 -94 -07 Since Guido's has surrendered its Class C
DECREASING NUMBER OF Liquor License and been issued a Class E
CLASS C LIQUOR License, the number of Class C Licenses
LICENSES FROM 5 TO 4 can now be decreased.
Trustee Seidman made a motion to waive the rules so that the
ordinance could be voted upon at the first reading. Trustee
Swartz seconded the motion. Motion passed unanimously. Trustee
Seidman made a motion to adopt the ordinance. Trustee Swartz
seconded the motion. Motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
NEW LIQUOR LICENSE
CLASSIFICATION FOR
MAIL ORDER BEER
Deerfield warehouse.
to customers monthly
should be forbidden.
applicant would have
checks with the Liqui
New Business
Scott Schweikl, President of Ale by Mail,
explained how his mail order operation
would work. All beer would be purchased
from area distributors and delivered to a
The beer would be repackaged and delivered
by UPS. The Board felt that on site sales
Once a license has been created, the
to make application and go through all the
Dr Licensing Committee.
Trustee Rosenthal made a motion to have the attorney develop an
ordinance. Trustee Swartz seconded the motion. Motion passed
unanimously.
RESOLUTION R -94 -01
ISSUING ACCOUNTING
ORDER TO POST
NEWSWEEK CABLE
Gerald Smith explained
Newsweek Cable has not
information necessary
complete an audit, the
-5-
that since Post
submitted the
for the Village to
Village needs to
issue an accounting order. The purpose is to set the accounting
rules in place, so that.if rates need to be adjusted, the Village
can come back to a certain point in time and make adjustments
retroactive to that date..
Trustee Ehlers, seconded by Trustee Seidman, made a motion to
pass a resolution authorizing an accounting order. Motion passed
unanimously.
DISCUSSION Trustee Seidman asked about the zero
tolerance law. Chief Anderson commented
that the Youth Council is looking at it. Deerfield has zero
tolerance now.
Jon Chester, attorney for Marilyn Enstrom, 312 and 320 Birchwood,
was present to request a temporary grant of waiver of engineering
requirements for resubdivision. These requirements would be
fulfilled prior to the issuance of building permits for any new
construction on the property. Barbara Houpt commented that this
property was developed many years ago before these types of
requirements were in force, so it is hard to know what was
originally done. Mr. Franz commented that since Mr. Soyka was
unable to cite any specific examples of this type of waiver being
granted in the past, staff felt they could not grant it.
Trustee Heuberger, seconded by Trustee Swartz, made a motion to
approve the request to waive the engineering requirement as part
of the resubdivision process', said requirements to be fulfilled
at a later date, prior to the issuance of a building permit.
Motion passed, with Trustee Swanson casting the only negative
vote.
Mayor Forrest read RESOLUTION R- 94 -02, A RESOLUTION REGARDING
PLANS FOR CLEANING THE MIDDLE FORK OF THE CHICAGO RIVER,
supporting the efforts of the West Skokie Drainage District to
clean the Middle Fork of the North Branch of The Chicago River
within its jurisdiction. Trustee Rosenthal moved to adopt the
resolution. Trustee Swartz seconded the motion. Motion passed
unanimously.
Trustee Seidman made a motion to go into executive session.
Trustee Heuberger seconded the motion. Motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ADJOURNMENT There being no further business, Trustee
Seidman made a motion to adjourn the
meeting. Trustee Swartz seconded the motion. Motion passed
unanimously. The meeting was adjourned at 10:55 P.M.
ATTEST:
APPROVED:
Village Clerk
-6-
Mayor