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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