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05/03/198266 May 3, .1982:::;;;..;.. The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the President in the Council Chamber of the Village Hall on May 3, 1982 at 8:02 P.M. The Clerk called.the roll and announced that the following were: Present.: 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 Manager Robert D. Franz and Village Attorney James Stucko. Trustee Seidman moved, seconded by Trustee Ehlers, that the minutes of the previous Board meeting be approved. Motion carried unanimously. Mayor Forrest pointed out that at the previous Board meeting Ordinance No. 0- 82 -19, amending an existing Special Use granted to Teradyne Central, Inc., was passed on a voice vote only, whereas a roll call vote was in order. Trustee Marty moved, seconded by Trustee Swanson, to pass the ordinance amend- ing the Special Use granted to Teradyne Central, Inc. to permit recreational and social facilities to-be included in the structure being built. Motion carried on following vote:. AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) MAYS: None (0) DEPARTMENTAL OBJECTIVES Deferred until the next Board meeting. BUILDING AND ZONING REPORT PROCLAMATION Mayor Forrest read a proclamation NATIONAL PUBLIC WORKS WEEK designating May 23 -29 as National MAY 23 -29 .Public Works Week in recognition of the contribution that public works officials make every day to our health, safety and comfort. PROCLAMATION Mayor Forrest proclaimed May 9 -16 NATIONAL NURSING HOME WEEK as National Nursing Home Week and MAY 9 -16 urged everyone in the community to recognize the high standard of care that long term care facilities are providing in our community. Trustee Marty moved, seconded by Trustee Heisler, to approve both procla= mations. Motion carried unanimously. PARK AVE. /R.R. STATION AREA VCDC REPORT /RECOMMENDATION The Village Center Development section of Park Avenue between widened to accommodate "Kiss -ai Mgr. Franz stated that the report is one of the original recommendations on the entire Access Ave. project. Commission unanimously recommended that the Deerfield Road'and Jewett Park Drive be id- Ride" vehicles and feeder buses. A short discussion followed regarding the present lack of funds to cover the cost ($80,000) of the project, which the Board termed "A good idea ". Trustee Marty moved, seconded by Trustee Seidman,.to accept the VCDC report. Motion carried unanimously. Mayor Forrest stated that the matter will be looked at later in the year for possible funding. NORTH SHORE AUTO PARTS Mgr. Franz reported that a hearing had SPECIAL USE - 756 HOFFMAN LN. been held by the P1an'Commission on PLAN COMM. REPORT /RECOMMENDATION April 15, 1982 to consider the request of Mr. G. S. Boatright, Jr. for a Special Use for his property at 756 Hoffman Lane to permit retail sales and customer services, accessory uses to his principal wholesale use in the I -2 Limited Industrial District.. The Plan Commission recommended on a vote of 6 -0 that the request be approved. 1 r- L Trustee Marty moved, seconded by" Trustee .•Ehlers;:.;;to.accept:`th" Plan Commis- sion's recommendation to grant a Special Use to'G.S. Boatright for the pro- perty at 756 Hoffman to permit retail sales and customer services as acces- sory uses to his permitted I- 2.wholesale business, and that the Village Attor- ney be instructed to prepare the necessary ordinance. Motion carried unani- mously. NON- CONFORMING STRUCTURES Mgr. Franz stated that at the request TEXT AMENDMENT of the Village of Deerfield and the PLAN COMM.-REPORT/RECOMMENDATION Board of Zoning Appeals a hearing was held on April 15, 1982 to amend the Zoning Ordinance regarding backyard and front yard as well as side yard non- conformities of buildings,which conformed at time of construction,to per- mit issuance of building permits,without a BZA hearing,where such additions do not increase the non - conformity.. The Plan Commission recommended on a vote of 6 -0 that the following text amendment be.approved: "No'non- conforming structure located in a residential district shall be structurally altered or enlarged .in such a manner that would further increase the non - conformity.. However, enlargements or struc- tural alterations may be permitted providing there is no increase in the existing encroachments." 'Trustee Seidman moved, seconded by Trustee Heisler, to accept the Plan Con- mission's recommendation, and that the Village Attorney•be instructed to pre- pare the necessary ordinance. Motion carried unanimously. TOWN & COUNTRY PUD Mgr. Franz stated that the Plan Com- NORTH WAUKEGAN RD. mission had originally recommended denial MARSHALL /MENNENOH PROPERTIES of the Town & Country PUD (primarily PLAN COMM. REPORT/RECOMM. because of the density.of the proposed development). The petitioner, appear- ing before the Board on April 5, 1982 stated they could decrease the number of units in the project, and the Board, therefore, sent the PUD proposal back to the Plan Commission for reconsideration. Accordingly, the Plan Commission reviewed the revised Town & Country proposal showing the elimination of three buildings of'four units each, thereby reducing from 76 to 64 the number of dwelling units, but still six units in excess of the maximum 58 units stipulated in the Comprehensive Plan. Right= of- way'.dedi- cations for Waukegan Rd. had been incorporated in the proposal and the developer also agreed to put in a sidewalk along Waukegan Rd. in such a manner as not to disturb existing trees. The Plan Commission .:reported that a motion to approve the plan failed when the votes of four members who had heard the original petition split 2 -2. Two mem- bers who had not heard the original petition, but had considered the revised plan, favored the proposal. Trustee Seidman inquired of Attorney Stucko if it was proper for the Board to consider a Plan Commission report and recommendation of a revised proposal. Attorney Stucko assured.him that.the Board was acting very properly since the Board had not chosen to vote on the original,.Plan Commission recommendation. The Board, seeking further information, had simply requested.the Plan Commis- sion to review a revised proposal (somewhat nearer. the density stipulation' of the Comprensive Plan). Mr. Larry Johannesen of Town.& County Builders.presented the proposed revised plan, showing 16 buildings with a total.of 64 units (6 more than recommended in the Comprehensive Plan).with a density of 11.96 units per acre though the Comprehensive Plan stipulates density of less than-11 units.per acre. Asked why there were two entrances to the project rather than one, Mr. Johannensen stated that two entrances would provide better traffic flow and facilitate police & fire protection. .Mr. Bob Mackin, 906 Northwoods Drive, submitted that the property was extremely beautiful and very suitable for single family devleopment._. He.added that the only persons in favor of the development were the owners and those owning four lots on the. north. He stated= >that;the. developers; want..to.- maximize their profits to the detriment of every one-in the area.':He was paiticulary concerned about the "horrendous" traffic especially at the bend. Mr. B. E. Bergman, 919 Northwoods Drive, President• 70 f"" t' h'e:"Northwoo'ds•.D.rtve-Assn., read-a lengthy statement of opposition to the density of the project and its impact on the sanitary sewers in Northwoods Drive. AAO Village Engineer Soyka stated that the:8" sanitary sewer on the west side of Waukegan Rd. connected to the 8.,Northwoods Dr.' sewer. He stated that an 8" sewer has a very large capacity to handle a development of this particular size. He added, however that since a specific number of units had not been determined for the project, he had not analyzed the engineering plans com- pletely. Mayor Forrest asked about the condition of the sanitary sewer in Northwoods Drive (laid in 1927). Eng. Soyka replied that it seemed to be in good condition. Mr. Vivian Huber, 936 Northwoods Drive, and Mr. Al Jelent, 940 Northwoods . Drive, expressed concern regarding storm water drainage. Eng. Soyka stated that storm water would be retained in the development and released slowly through restricters to a storm sewer running north to the railroad tracks. where it will be discharged. Mr. Jelent felt that when there was ditching along Waukegan Rd. there was natural drainage for Northwoods.Drive. Mayor Forrest pointed out that Northwood Drive could be put in through special assessment but them. Mgr. Franz stated that the storm sewer ous inlets for surface water) had been a State had contacted the State and met with them, but approve additional work. had no storm sewers which that residents had not.favored along Waukegan Rd. (with numer- project. He added that he they stated they would not Mayor Forrest acknowledged a number of letters from Northwoods Drive resi- dents, all in opposition., Trustee Marty stated.that she was not opposed to use of the property as plan- ned but would favor a reduction in density to 58 units. She was concerned about the sewer and would like "hard facts" from Eng. Jas.Soyka as to whether the sewer lines can handle the development and how the present storm water problem would be affected. Mayor Forrest stated that the property is very desirable for development but he-objected to the density proposed. He commented that Waukegan Rd. traffic is heavy now and that additional traffice would make crossing or turning onto Waukegan Rd. from connecting streets even more difficult. Moreover, he was of the opinion that any road serving a development of the property should line, up with Northwoods Drive in anticipation of a future street light. He feared that the proposed development might lower the values of surrounding proper- ties and was therefore opposed to it. Trustee Ehlers,former Plan Commission member who had helped draft the Com- prehensive Plan, pointed out that it calls for low to medium density for the area and that 58 units was absolute maximum for the area. Trustee Swanson agreed with all who called the area beautiful, and said that he had been familiar with it for at least 25 years. However, he asked, "If it's so desirable and 'so appropriate for single family, whylasn't something been built there during the last.25 years? I think there are a few answers to that one." He submitted that "We've been talking for a number of years, and the Comprehensive Plan addressed the fact that there are very few places. in Deerfield where houses can be built at somewhat higher than.average den- sity. This is one of those areas." He went on to say, "I don't have a problem with 11 to 12 units per acre; I think this is an appropriate area for that density. If stipulations regarding sewers, etc. are met, I will vote for the density and number of units proposed." Trustee York stated that he had been more in favor of the proposal two weeks ago, but felt that Town & County Builders had underestimated Deerfield as indicated by their proposal to erect signage on public property on Waukegan Rd. He added that he would like to see the property developed as multi- family but would not vote for it "if it is one unit over, what the Compre- hensive Plan calls for." He stated that.he had computed the approximate value of the acreage based on the known assessed valuation, and felt it was not too high. He said he would like Town & Country to come back with a plan to which they had given more thought. Trustee Marty moved, seconded by Trustee Seidman, to accept the Plan Commis- sion report and reject the Town & Country'revised proposal. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, York (5) NAYS: Swanson. (1) The Board recessed at 9:00 P:M. and' rec'drivened at '9 08 'P 411 members be- ing present and in attendance. STEIN PROPERTY Mgr..Franz stated that the Plan Commis - LAKE -COOK ROAD sion found that the final development FINAL'PLAN APPROVAL plan for the Stein PUD was in substantial conformance with the preliminary develop- ment plan. A lengthy discussion ensued regarding the four phase development schedule and its effect upon landscaping. The Board felt that the entire frontage of Phase I and II should be landscaped at one time for uniformity of tree size, etc. Ms. Wuorenma stated that though they preferred to land- scape each phase as it was developed, the Village's request.was reasonable and they would agree to simultaneous landscaping of Phase I and Phase II. Ms. Wuorenma requested a variation to approve 419 parking spaces (already planned and accepted for each phase)instead of 423 parking spaces required, due to a later decision to increase the foyer entry areas from two to four. stories. Ms.Wuorenma pointed out that increased foyer size did not increase the rentable areas. Trustee Heisler inquired about turning lanes, etc. at Birchwood Avenue. Ms. Wuorenma stated that the plans approved by the Village and Cook County do reflect the barrier type medians and traffic restricters which the Board con - templated. Trustee Marty moved, seconded by Trustee Ehlers, that the Stein final develop- ment plan be accepted and an ordinance prepared incorporating: 1) the varia- tions previously approved as well as the latest parking variation necessitated by enlarged foyers , and 2) a requirement for tree landscaping across the entire frontage of Phase I and II when Phase I is developed. Motion carried unanimously. Ms. Wuorenma stated that the contractor who will be doing frontage road work will.also handle.their construction work. She requested permission to co- ordinate the frontage road work with Phase I foundation work. She statedY, that it would expedite development if the contractor could begin foundation work and a permit issued for such prior to passage of the ordinance approving the final plan. After discussion with the Village Attorney on the advisability of granting such a request and proper protection for the Village, Trustee Heisler moved, seconded by Trustee Ehlers, to permit the issuance of a foundation permit upon the receipt and approval by.the Village Attorney of a letter from the developer which contains a waiver of any.estoppel rights, hold harmless agreement in the event the Village fails to adopt an ordinance approving the final development plan and, lastly, an undertaking to remove the improve- ments on the subject property and restore the premises in the event the ordinance is not passed. Motion.carr,ied, Trustee Seidman voting Nay. Ms. Wuorenma stated that connection /acreage fees for the entire 29 acre parcel would amount to.approximately $50,000. She requested that ;a pro rata share of these fees be charged as each building permit was issued on the four phases of development, rather than the entire amount charged at issuance of a Phase I permit. Discussion was had regarding phasing of fee collections. Mayor Forrest stated that he had never known of the Village phasing such fees. Attorney Stucko pointed out that though property_ is_planned_for, phase develop- ment, from a­planning and zoning concept the property is considered as a whole. Mgr. Franz reminded the Board that the Village does not have annexation fees per-se, and Staff does not think it unreasonable to have "connection /acreage fees paid "up front ". Feeling that the normal Village procedure should be followed, Trustee Swan- son moved, seconded by Trustee Seidman, that the connection /acreage.fee for, the entire development be charged at this time.. Motion carried unanimously. DEERBROOK WALL.SIGN (PASTA SHOPPE) ORDINANCE NO. 0 -82 -23 SIGN MODIFICATION J. EMIL ANDERSON PROPERTY 1345 LAKE -COOK ROAD ORDINANCE NO. 0 -82 -24 CONSENT AGENDA First reading of ordinance. .Modifica- tion to permit sign on a wall other than one housing the Pasta Shoppe. First reading of ordinance. Modifica- tion to permit two-real estate signs exeeding permitted size: one 10'x20' along the Tollway spur and one 5'x10' along Lake -Cook Road....­.. 70 Trustee. Seidman moved, seconded by Trustee Marty, to waive the rules to per- mit passage of the ordinances on first-reading. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Swanson, that the Consent Agenda be adopted. Motion carried on following vote: AYES: Ehlers, Heisler, Marty, Seidman; Swanson, York (6) NAYS: None (0) The Mayor signed both ordinances indicating his approval thereof. CLASS C LIQUOR LICENSE. ADA'S FAMOUS DELI TAXICAB FEE SCHEDULE MUN . CODE AMENDMENT ORDINANCE NO. 0=82 -25 Highland Park's. Motion carried on Consideration deferred until future Board meeting. . . Trustee Seidman moved, seconded by Trustee Swanson, to pass the ordinance. amending the Municipal Code to align Deerfield's taxicab fee schedule with following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) PROPOSED NSSED FACILITY Mgr. Franz stated that the NSSED have ADJOINING KINGS COVE not submitted a report on their proposal to construct a home for emotionally dis- turbed girls on Highland Park property adjacent to Kings Cove. Ms. Sharon Castle stated that she attended the Highland Park Plan Commission's hearing on the matter. Dr. Bristol, head of the NSSED, stated that the facility would serve girls from 22 districts feeding into .North Shore Special.Education District, according to Ms. Castle. She added, however, that Dr. Bristol gave no assurance about the source of future residents... After a short discussion, Board members stated they did not have sufficient information on the matter and decided to take no action. REAL ESTATE SIGNS Mr. Nick Snyder of Coldwell Banker DISCUSSION OF ORDINANCE Realtors, stated that the Deerfield Real Estate Brokers Council was request- ing a recision of the ordinance covering real estate "for sale" and direc- tional signs for the following reasons: 1) the ordinance creates a hard- ship on owners trying to sell their homes (letters from 3 homeowners were read), 2) the cost to the Village for confiscation and storage of signs is disproportionate to the effect, 3) the redemption of signs is costly in money and time spent, and 3) realtors are hamstrung in their efforts to sell homes. Mr. Snyder suggested that signs be placed far enough back from the street to protect the public but visible to potential buyers. He requested a suf- ficient number of directional signs to get people to properties for sale. His requests were for Wednesdays from 9 to 1 for Brokers' Open House and Sunday from 12 to 6. He submitted that the Realtors can police themselves and asked for ninety days to prove it. Mr. Snyder called`on Mrs. Judy Lindgren, 809 Hazel Avenue, who stated that when her house was recently for sale directional signs were removed and very few persons came to.the open house. Mr. Geo..Neumayer, 890_..Brand Lane, who has his house for sale, stated that Brand Lane is-difficult to find and with- out directional signs no-one would have found his house: He felt that the sign ordinance was restrictive to the real estate industry. .R Ms. Marilyn Man of Koenig & Strey Realtors stated.that "the sign ordinance is different for various areas ".whether there are carriage walks, parkways or regular sidewalks and there is a different ordinance for Waukegan Road. She added that children move signs. Trustee Swanson stated that the letters he had .received indicated the belief that the ordinance was passed only two weeks ago, whereas it was enacted . about four years ago when the Village was having difficulty with signs even though there were fewer houses for sale. Trustee Marty stated that realtors were among those the ordinance was writ- ten to benefit since homes are more readilly saleable in an aethestically attractive village. She further stated that the possible number of signs directing buyers and realtors to homes could be very large and very,unsightly:. She added, "I am willing to cooperate to a great degree and am willing to sit down and talk about it, but I am not willing to rescind the ordinance in any way." 1 1 Trustee Seidman stated.that six signs, all pointing in different directions, had been observed on one corner. Mr. Synder acknowledged that such a prob- lem could exist, but they were._not seeking such a privilege. Trustee Marty. pointed out., "You have ignored the'ordinance'as long as it's been on the books, and that's why we had to start-to crack down." "We have ignored it. asked Mr. Snyder. "Yes," Trustee Marty firmly replied. Trustee Ehlers.added, "Until the fine was imposed, we didn't hear anything from realtors." Trustee Heisler commented, "That's the only thing that's different. Signs were originally picked up and brought to the Village for storage." "And then, remarked Trustee Swanson, "when we established a $5 redemption fee, everyone 71 thought it was a new ordinance." Mr. Snyder stated that the Realtors were not so concerned about the.redemption fee but wanted to get customers to the housesfor sale. He added, "We need your. help and are asking for it. Frustration causes violation of the ordinance." Ms. Sarah Winston of Koenig & Strey suggested 'that enforcement procedures be researched,.submitting that in her opinion there were better ways to spend . village money than tape measuring the placement of real estate signs. She added that it was disconcerting'to have .to leave the office to move a sign that may have been misplaced by a child or landscaper. Mayor Forrest stated that enforcement procedures were part of the problem and "sometimes tantamount to harassment." Mgr. Franz immediately requested of Mayor Forrest specific instances to which he referred so that Staff could talk with individuals involved and, if necessary, make corrections in administrative procedures. Mayor Forrest stated information would.be forthcoming. Trustee York felt most violators were out -of =town realtors and suggested that Mr. Snyder appoint a committee of three realtors to meet.with.him and Trustee Marty to discuss the matter. Mgr.. Franz was requested to check with other municipalities regarding their handling of real estate signs and report to Trustee York and Trustee Marty before the meeting. 'Mgr.' Franz stated that he could supply that information within the week, and Mayor Forrest added that perhaps a report could be made at the next Board meeting. V, PARKWAY TREES - 50/50 Trustee Seidman moved, seconded by AWARD OF BID Trustee Ehlers, to award the bid for 50/50 parkway trees to Arthur Weiler, Inc. of Deerfield, apparent low bidder. Motion carried on following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson,' York (6) NAYS: None (0) AWARD OF BID Trustee Heisler moved, seconded.by 50/50 SIDEWALK /CURB REPLACEMENT Trustee Seidman, to accept the recom- mendation of the Village Engineer and award the bid for the 1982 50/50 sidewalk and curb replacement to the apparent low bidder, M & A Cement Work, Inc. of Itasca, Ill. Motion carried on the following voter AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Trustee Ehlers stated that he thought it would be-helpful if the newspapers or D- Tales explained. the 50/50 parkway tree program and particularly the 50/50 sidewalk and curb program. He felt many homeowriers"_may not"­recognize their initial responsibility for maintenance of sidewalks and curbs and just what the 50/50 program does in this regard. There being no further business to come before the Board, upon motion.by Trustee Seidman, the meeting was adjourned at 10:15 P.M. to be followed by a closed session to discuss land acquisition. APPROVED.: ATTEST: Village President. Village Clerk