02/15/1982Minutes for March'l, 1982 on pages 40 through 42 incl. 43
February 15, 1982
i
The regular meeting of the Board of Trust,:es of the Village of Deerfield was called
to order by the President in the Council :-.iamber•of the Village Hall.on February.15,
1982 at 8:03 P.M. The Clerk called the roll and announced the.. following were:
-3resent: 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. Also present were, Village Attor
ney Allan Nathan and Village Manager Robert D. Franz.
Trustee Seidman moved, seconded by Trustee Swanson, that the minutes of February
1, 1982 be approved.as presented. Motion carried unanimously.
APPROVE Trustee Heisler moved, seconded by Trustee
WARRANT NO.-O-82-02 Marty, that the bills and payroll, includ-
ing transfers and reimbursements, be ap-
proved. Motion carried on following.vote:.
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None. (0)
TREASURER'S REPORT Finance Director George Valentine reported
that there was "nothing much different
from last'month." Following a short disc�ission regarding types of investments,
rates, and re- investments of the Police Pansion Fund, Mayor Forrest accepted and
thanked Mr.. Valentine for his report. i
s,
PUBLIC HEARING
Proposed Use of Federa. Revenue Sharing Funds"
Finance Director'Gebrge Valentine announced that the Revenue Sharing Act requires
the holding of a public hearing in advance of the preparation and presentation of
the budget to the Corporate Authorities responsible for the budget adoption. He
stated that the purpose of a "Proposed Use,Hearing is to provide a forum in-which
members of the public, through verbal,or ::ritten means, may communicate to the
Board any views they may have concerning.the expenditures.of Revenue.-.Sharing Funds.
Mr. Valentine further stated that the Village Board, in the past, established a
policy of utilizing Revenue Sharing'Funds to abate debt. He.noted that the sched-
ule presented for Board consideration reflected the continuation of this policy.
However, he reported that the Deerfield Historical Society had requested $1,000
of the funds for their use.
Trustee Seidman favored granting the Historical Society's request since $1,000
was a very small portion (approximately .5 %) of the total funds available. Mayor
Forrest stated that he .preferred to see the request, if.granted, met from the
General Fund. Trustee Marty agreed with Mayor Forrest. Following a discussion
of available funds, projected receipts,. etc., Mayor Forrest;called'for further
comments. There being none from the,audience, he declared the - public hearing
ajourned.
PROCLAMATION ''ayor Forrest read a proclamation where
APRIL - CANCER CONTROL MONTH in he designated April 1982,.'i-as Cancer
Control Month. ,Trustee Swanson moved,
seconded by Trustee Seidman, that the proclamation be adopted. ..Motion carried
unanimously.
SIGN MODIFICATION Mgr. Franz stated that the Board of Zon -.°
1415 LAKE COOK ROAD ing Appeals had held a.public hearing on,:
(STEIN PROPERTY) February 2, 1982 to consider-,a petition
by Rudnick & Wolfe, 30 N. LaSalle•.St.,
Chicago, Ill., representing the owners of the;'property at 1415 Lake -Cook Road,
for a sign modification to allow placement of three double faced,illuminated•
real estate signs of 200 square feet per face:in lieu of the permitted 20;square
feet,all to be'erected at a height of 18 feet above ground in lieu of the'.10'feet''
permitted:
r
He stated that the BZA had recommended,.on.a vote of 5 to 1, that the requested
modification to permit a 10'x20'.illuminated sign on the south side of the.pro-
perty.along the Edens spur, be granted with a•30 -month time limit, and that the
sign be constructed with a V to prevent direct illumination being visible from.
Lake -Cook Road. The BZA also recommended (unanimously).that =one, non - illuminated,,
5'x10' double faced sign, erected to a height not. greater than 10 feet at its
uppermost point, centered on the property frontage, be allowed with a 30- month
time limit placed on the modification.
Considerable discussion ensued. Trustee Seidman stated that he was concerned .
about granting the requested amount of leasing signage which could remain in
place even after permanent signage was erected. He asked, why permanent signage
had not been considered simultaneously with the leasing signage request. Ms.
Wuooenma, attorney representing the owner,.replied that permanent signs had riot
been designed, but the petitioner would b.. subject to.the Village's ruling.on
permanent'ground signs and "live with it.
A
Trustee =Marty commented that when the sign ordinance was' written, large tracts
and appropriate signage_ for such was not considered. She, therefore, felt
size allowances and perhaps illumination was called for in this instance.
Trustee Swanson did not feel signs on.Lake -Cook Rd. should be illuminated.
Trustee Seidman, too, was concerned about illumination, inasmuch as..the petition.
was for signage-30 times the amount permitted. He also wondered about color..
Trustee York, on the other hand, favored illumination.
Ms. Wuorenma, attorney for the owner, submitted that: 1) Three 200 sq. ft. signs
were needed to define the 1288 foot frontage and convey the size of the develop
meet, 2)'A smaller sign (in their expert's opinion) would not convey the magni-
tude of the project to be developed over a period of 10.years on a 29 -acre tract.
A sign sized to benefit that type of development is sought. If only one sign
is permitted'it is essential that it "actually does what signage is supposed to
do ... draw.'attention to the property," 3) Lettering readable from Lake -Cook Rd.
would require almost all'the space on a 5'x10' sign ,(recommended by the BZA)
with no..room left for an ar•,tist's rendering of the buildings, 4) Elliot Otis &
Co.(who had been hired to conduct the leasing and marketing for the development)
had advised that two- thirds of all prospects and leads come from leasing signs,
and that it is most important to have the signs illuminated during the'rush hours
to-get the attention of executives travel•.ing to and from work.
Trustee Ehlers expressed surprise that so much emphasis was being placed on
on -site advertising, stating that when looking for office space, he contacted
a broker. He further added.that he was not convinced that leasing signs account
for two - thirds of leasing, pointing out that "leads and leasing" are not one and
the same thing. He rat er suspected that.most'actual real estate "deals" come
through brokers. Mayor Forrest was inclined to agree, feeling that multiple list-
ings would be used.
Trustee Ehlers, then, questioned signage for a development continuing for 10.year6,
the time period'mehtioned by Ms. Wuorenma. Trustee Swanson was of the opinion
that the biggest sign should be erected whin the building is ready'for leasing.
In reply, Ms. Wuorenma stated that while the whole project could extend over"10
years, they needed signage for the initial 36 months to get them through tte',j irst
construction period, at the end of which they would retu`r`n for a review of the
signage.
Mr. Lawrence Freedman of 123 Country'Lane, Deerfield, stated -he did not agree
with his neighbors who had signed a petition opposing the signs. He•did not'
oppose one sign (without a V) in the middle of the frontage, but he was opposed
to illumination if longer than during rush hours'. He approved of settingla. time
limit to enable the Village to reassess the signs.
Mr. David Tomchin, member of the Board of 3oning appeals, stated that their
recommendation was a compromise. But, all members believed that lighting.,on .
Lake -Cook Rd.�should not be permitted as there has never.been an illuminated,,
real estate sign in the Village, and such a sign might set a precedent. He.
noted that the above - ground footage was a concern, due to the houses across the
road, and':that V- construction would make a sign more visible to them.
Trustee Marty stated, "I think we're being a little too restrictive. 'I don't
know.that we should have' two signs on Lake -Cook Rd., but ,I think that if.we're
going to permit only one sign, at the center'of the frontage, it ought to be
visible...I don't think people on Lake -Cook Rd. would notice illumination from
the bottom of the sign."
I.
I
Trustee Ehlers was'of the firm opinion that if there was to be`'illumination',, it
should be limited to rush hours only. M6. Wuuorenma stated that rush- hour --only
lighting would be acceptable and pose no problem. She added that i.t was to
everyone's best interest that the propericy lease-out rapidly.
Trustee Marty moved, seconded by Trustee Ehlers, to grant a sign modification to
permit the erection of an illuminated 10'x20' double faced sign, constructed with,
a V, no more than 13 feet at its uppermost point as measured from•grade, for a
period no longer than 36 months, at the rear of 1415-Lake -Cook Rd. along the Edens
spur, and that the attorney be instructed to,,pr,epare the, necessary ordinance.
Motion carried unanimously.-
Trustee Marty.moved, seconded by Trustee 3hlers, to grant a sign modification to.'
permit the erection of a 10'x20: double faced.sign, constructed with a maximum
30- degree V,'no more than 13 feet at its uppermost point as measured from grade,'.
illuminated.not earlier than 6 A.M. and not later than 7 P.M., for a period,no
longer than 36 months, at 1415 Lake -Cook Rd., and that the village attorney'be
instructed to .,,prepare the necessary ordinance. Motion carried, Trustee Seidman
voting Nay.
APPOINTMENTS - Mayor ForrestVannounced.that he wished
VCDC, YOUTH COUNCIL to recommend the appointment of Mr.
& SAFETY COUNCIL Robert Kraemer to the VCDC until Novem-
ber 1984; Mr. Gerald Bard,, as chair-
man, to the Youth Council until November 1982, and Mr. Eugene Berkowitz as
Chairman of'the Safety Council.-e, Trustee Marty moved, seconded by Trustee Swan-
son, that Mayor Forrest's recommendations be approved. Motion carried unani-
mously.'
ILLEGAL REAL ESTATE SIGNS The Board was in receipt of a staff
recommendation regarding real.estate
signs illegally erected by realtors and.homeowners. Staff,recommended that
realtors'be notified that illegal, signs will be picked up and stored for a per
iod of 30.days, during which time the-signs may be retrieved for a redemption
fee of $5, with unredeemed..signs disposed of after-30 days.
Mayor Forrest strongly opposed the measu-,.. He stated that he•considered it "an
abomination,' a waste of time and effort, and a cause of undue problems for both
the realtor and'the homeowner. We do not have any way of controlling this during
the weekends and I would not like to see the .building department work overtime..
(for weekend enforcement). We enforce it uniformly,�'or we don't have it."
Ttustee Seidman commented that at one ti;na the police department removed illegal
signs. Mgr. Franz replied that the.former policy to notify the realtor before
confiscation of signs opened-the door to.weekend violations. Mayor'Forrest asked
for Board suggestions as to weekend enforcements. Trustee Seidman favored con -
.fiscatiori by the Police Department as "they're on duty." Mayor Forrest stated
the letter which the Building and Zoning Department vlans.to send to realtors,
setting forth criteria for real.estate signs, should point out that all.illegal
signs, even open -house signs needed for only two to three hours, will be confis-
cated on weekends. Trustee Marty moved, seconded by Trustee. Swanson, that'the
village attorney be instructed to prepare an amendment to the Municipal Code to
provide that confiscatgd illegal signs will be kept, for a period of 30'days,
during which time the signs may be retrieved f'or a redemption fee of $5, but
any signs not redeemed during.'the 30 days will'be disposed of. Motion carried
unanimously.
HOSPITALIZATION INSURANCE Trustee Seidman•moved, seconded by
STAFF REPORT /RECOMMENDATION Trustee Heisler, to accept.- .S.taff's
-ecommendation that the Village switch
Health and Hospitalization Insurance cove --age from John Hancock to Prudential,
effective March 1, 1982, and further that the Village elect.the second surgery'
option from Prudential. Motion carried on following vote:
AYES: Ehlers, Heisler, Marty, Seidman ,'Swan8on,--York',',.('6)
NAYS: None (0)
SPECIAL ASSESSMENT 4115
ELM STREET
presented to the Circuit Court by.April
for Elm Street.
The Board was in.receipt of a letter
from David C. Newman of Pedersen•& Houpt`
stating that a status ; report•must -be
6, 19.82 regarding Special Assessment.
A report from Village Engineer Soyka stated that the estimated cost of the project
in 1979 had been $121,000, of which $74,000 was to be paid by the Federal Safer
P
45
46
Off Street Program (SOS), which program,';s.no longer in 'existence.' He advised the
Board: 1) 'that'it was the consensus.ofs'opinion of the Community Development Group .
that the Special Assessment should be continued at a minimum cost,.:2) that the pos-
sibility of a substitute, such as MFT funds or other Corporate funds, could be
considered, and 3) that the matter be discussed with the Finance Co,'mmittee during
the budget hearing to determine the avai'3bility of funding sources:
Trustee'Seidman moved, seconded by Trustee Swanson, that Attorney Newman be
authorized to request a'continuance of the matter beyond April 6, 1982. Motion `
carried unanimously.
INTERSECTION IMPROVEMENTS Mgr. Franz reported that when the engi -.
LAKE -COOK AT PINE & BIRCHWOOD neers for the Stone /Brandel /Andersen
tract requested approval of'.plans and
specification "s for a frontage road, the Community Development Group requested and;:
received plans providing for channelization Co.prevent,exiting traffic from enter-
ing the residential section of the Village via Birchwood and Pine Streets 'd -.
The Board was'in receipt of three sketches (A,B;C). The Community Development
Group recommended sketch C, showing channeliz'ation on the south side of Lake -Cook
Road, with possible channelization,if necessary in the future, on the.north'side
of.Lake -Cook Road as shown in sketch B.
Trustee Marty moved, seconded by Trustee Ehlers, to accept sketch C for channelized'
improvements of the Stein /Teradyne.property on the south side of Lake -Cook Road at
Birchwood.and Pine Streets, and to require the developers to bear the.cost of
any future channelization'necessary on the north, side of'Lake -Cook Road at Birch-
wood and Pine Streets:. Motion carried.unanimously.
TRAFFIC SIGNALS .4gr. Franz stated that late in 1981 when
COMMONS /WAUKEGAN RD. the Board agreed to pursue with the State,
LETTER OF INTENT of Illinois the possibility of a traffic
signal on Waukegan Rd. at the entrance
to the'Commons and the First National Bank,.the State had advised that a plat of
dedication of 100 feet of the Commons property was needed for formal application
for that;'signalization.' The owners of the Commons felt that a letter of intent
was necessary and had submitted such a letter, dated January 27, 1982, for Board
consideration. Mgr. Franz stated that in reviewing the letter Staff had no major
problems ";with it but believed it should be amended by: 1) deleting the word
"installation" in Section 5, and 2) rewording Section�6 to indicate that.in the:
event the State.participates In the funding, the Village and the.'Interested Parties
will share equally the costs.not borne by the State, and if the State does not
participate in the funding, the Village and the Interested Parties will still
split on..a...50 /50 basis the entire cost. The Board agreed with Manager Franz.
Mr. Morton Chesler of.Gottlieb & Schwartz, representing the Interested Parties,
was present and stated he would return to the Ownership and discuss the Board' "s
views with them. Trustee Marty moved, seconded by Trustee Swanson; to approve in
principal-the letter of intent. Motion carried unanimously.
y:
RIGHT TURNS ONLY
MUNICIPAL CODE AMENDMENTS
are not permitted, and certain additions
turns are. permitted.
First reading of ordinances amending the
Municipal Code by certain deletions from
the list of locations at which left turns
to list of locations at which only right
GARRITY RESUBDIVISION Trustee Marty moved, seconded by'Trustee
PRELIMINARY PLAT EXTENSION Swanson, to grant a 1 -year extension to
I Patrick 0. Garrity on the preliminary
plat for his resubdivision'at.Hazel Avenue just west of the bridge.. Motion.carried .
unanimously.
Mayor Forrest recessed the meeting at 9:26 P.M., stating that there'was a Special
Occasion to celebrate that evening, and he wished to say "Happy Birthday to Bob.
York." Everyone present joined him in singing, "Happy Birthday" as Mgr. Franz
presented Trustee York a cake with a lighted - candle for his 79th birthday.. ''Laugh-
ingly, Trustee York cut and served the cake and invited everyone to:his birthday.,
party 21 years from now.
The meeting was reconvened at 9:40,.with all members present and in attendance.
47
AMEND COMPREHENSIVE PLAN rustee Marty moved, seconded by Trustee,-.
ORDINANCE NO. 0 -82 -04 _eidman, to pass.the"ordinance amending the
Comprehensive Plan as.recommended'by the Plan
Commission. After -a short discussion with Mrs.. Barbara Ruffino, Village Planner;
decision was.reached to'reword subsection (c) of that portion dealing with Preferred
Uses. The motion carrijed on�the.following vote:
AYES: Ehlers, Heisler, Marty,'Seidman, Swanson, York .(6).....
NAYS: None (0)
AMEND ZONING ORDINANCES
AREA SOUTH OF DFLD. COMMONS
ARTICLE 4.5 -1 Amendment of Description and.Special Uses
ORDINANCE NO. 0 -82 -05 in General Residence District. (R -5)
Trustee Seidman stated that -while he supported Zoning Ordinance changes:neces-
sary for the development of the area South of the Commons, he "still had a feel=
ing that while we are encouraging the concept of.some form of high density hous-
ing, we are making it impossible to build down- town.type of apartments ";by re
staining old ordinance requirements suitable for one and.two story garden apart-
ments with large grassy areas..
Trustee Marty commented that she felt it better to have tight ordinances for
which variations could be granted aftE_: careful Board review and determination•
that the spirit and intent of the ordinance was met by a petitioner. ;Mayor_
Forrest stated he hoped the Plan Commission would use Density Bonuses `to off -,
set restrictions.
Trustee.Marty moved, seconded by Trustee Seidman.,.to pass the ordinance amending
.Article 4.5 -1 of the'.Zoning Ordinance. Motion carried ;on the following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
ARTICLE.5.3 Amendment to Description and PUD'.s.in
ORDINANCE NO. 0 -82 -06 C -3 Limited'Commercial Office District
Trustee:Marty moved, seconded by Trustee Seidman, to.pass:the ordinance.amending
Article..5.3..of the Zoning Ordinance: Motion carried on the.following vote:
AYES:,•Ehlers, Heisler, Marty, Seidman, Swanson, York (6)'
NAYS :, None (0)
ARTICLE 8.1 -4 & 8.1 -5 Amendment to Off.Street Parking /L8ading...re:
ORDINANCE NO. 0 -82 -07 Change of Use or :Intensity of.Use
Trustee Seidman moved, seconded by Trustee Heisler, to pass .the.ordinance amend-
ing Article 8.1 -4 & 8.1 -5 of the Zoni-•g Ordinance.. Motion carried on following
vote:,, '
AYES:; Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS :' None (0)
j ARTICLE 9.2 -1 Amendment to Sign. Ordinance re: Village
ORDINANCE NO. 0 -82 -08 Center /Planned Residential'-Unit Develop.
Trustee Seidman moved, seconded by Trustee Marty, to pass the.ordinance amending:
Article 9.2 -1 of the Zoning Ordinance. Motion carried on the following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
ARTICLE 9.2 -2 Amendment to Sign Ordinance re:' Village.
ORDINANCE NO. 0 -82 -09 Center /Commercial PUDs.
I
Trustee Heisler moved, seconded by Trustee•Ehlers, to pass the ordinance amend -
ing Article 9.,2 -2 of the Zoning Ordinance be passed. *Motion carried as follows,:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York ('6)
NAYS: None (0)
Trustee Marty requested that.the Plai_ Commission reconsider Article 9:,2 -2 re
garding Commercial Uses.
ARTICLE 12.0,& 12.4
ORDINANCE NO. 0 -82 -10
ki
Y
endment to PUDs &'PRDs re; Intent and
Village Center /Planned Residential Unit
Developments.
Trustee. Seidman moved, seconded by Trustee Heisler, that the ordinance amend-
ing Article 12.0 and 12.4 of the Zoning Ordinance be passed. Motion carried on
the following vote: .
AYES: Ehlers, Heisler, Marty, Seidman, Swanson., York (6)
NAYS: None (0)
ARTICLE 12.6
ORDINANCE NO. 0 -82 -11
Amendment to PUDs and PRDs re: Village
Center /Planned Commercial Unit Develop-
ments.
Trustee Marty moved, seconded by Trustee Seidman, that the ordinance amending
Article 12.6 of the Zoning Ordinance be passed. Motion carried on the following
vote:
AYES:. Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
DENSITY BONUSES Ordinance to provide for Development
ORDINANCE'NO. 0 -82 -12 Incentives.
Trustee Heisler moved, seconded by Trustee Swanson, that the ordinance providing'
for Development Incentives be passed.. Motion carried on,th'e following vote:
AYES:' Ehlers, Heisler, Marty,.Seidman, Swanson, York (6) .
NAYS: None (0)
Mayor Forrest requested Mgr. Franz to.hig'-light these changes of major impor=
tance in the next newsletter. He'request:d Mrs. Barbara.Ruffino to notify Mr.
Harrigan of 649 Central Avenue regarding she Board's action for the area south
of the Commons and advise him that his matter will be on the agenda at the next
Board meeting for formal action.
GUN CLUB PETITION Trustee Seidman moved, seconded by Trus-
RESOLUTION NO. R -82 -02 ` tee Marty, to adopt the.Resolution oppos-
ing a petition to the Cook County. Board
of Zoning Appeals to erect.a telephone transmission equipment building and a 150'
microwave tower on the Northbrook Gun Club. Motion.passed unanimously.
RAFFLES '?gr. Franz stated that the Staff',s pre-
STAFF REPORT sent proposal is the same as made one
and one -half years ago. They feel that
what the State Legislature has passed is really unenforceable and, in Staff's
opinion', causes undue hardship on those who wish to conduct.raffles for a. "good
purpose." Staff believes that if the Board wishe's something done, it should
work with other communities for more enforceable legislation. Deerfield has not
had problems with raffles, and a local ordinance would make regulation of raffles
more difficult than the present policy of responding to any complaint, of which
Deerfield has had few, if any, during the past five years, according to Chief
Brandt. Moreover, Staff feels that any complaint can be handled better informally
.than through legislation. Furthermore, Lake County has taken the position that
the Illinois General Assembly should char..ge what is an unenforceable`.law. Mgr.
Franz stated that he believed that the States Attorney -would'deal - directly:' .with.
the_:Deerf.ield Police.Department in.the.event a complaint.was...lodged with that
office.
PERMIT ISSUANCE First reading of ordinance, amending
MUNICIPAL CODE AMENDMENT Section 1 -26 of Chapter-1 of the Muni-
cipal Code, entitled "Suspension or
revocation,of licenses or permits; refusal to issue licenses or permits."
Mayor Forrest stated that Monday, February 22, 1982, there would be-a meeting
of the Board with representatives from surrounding communities and businesses. to
discuss the tollway interchange.
APPROVAL'FINAL PLAT
STONE /BRANDEL /ANDERSEN
SUBDIVISION - LAKE -COOK ROAD
Cook Road. Motion carried unanimously.
Trustee Marty moved, seconded by Trus-
tee Ehlers, to authorize Mayor Forrest
to sign the final plat of the Stone/
Brandel /Anderson subdivision on Lake-
it