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10/18/19821 1 l The regular meeting of the'Board of Trustees.of, the•Village of.Deerfield was called to order in the Council Chamber of the Village Hall on Monday, October 18, 1982 at 8:04 P.M. by.the Mayor. .The Clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor Marvin W. Ehlers Jerold L. Heisler Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: Cynthia J. Marty and that a quorum was present and in attendance. Also present were Assist- ant Village Manager Marjorie.Emery and James K. Stucko, Village Attorney. 1.3 5 Trustee Seidman moved, seconded by Trustee Ehlers, that the minutes of.the October 4, 1982 Board meeting be approved as presented. Motion carried unanimously. APPROVE Trustee Heisler moved, seconded by Trustee. WARRANT NO. W -82 -10 Seidman, that the bills and payroll, includ- ing transfers and reimbursements,.be approved. Motion carried on the following vote AYES: .Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) TREASURER'S REPORT Finance Director George-,Valentine reported that General Fund revenues continue to ex- ceed projections; Sales, State Income.and Property taxes being very close to projections with Interest earnings and Building Permits $41,000'a0d $16,000, respectively, beyond projections. The Village expects to hav► received this year 44 -47% of the total Sales Tax projected for the first six �montws, though the r%venue is 11% greater than the same period last year'. . Valentine further reported that October 12th was the closing date on the ad issue (TIF), with the Village receiving,and depositing $501,408.23 on . aeral Obligation Tax. Incremental Financing bonds. rustee Swanson was interested in what percentage of vacancy is'occurring'in he Village parking lots. Mr. Valentine stated a spot check could be made. rustee Swanson favored such a check. ` DE ARTMENTAL OBJECTIVES — Building and Zoning Director Charles Smalley B LDING AND ZONING DEPARTMENT was-present to answer questions and enlarge upon his written report previously submitted. to the Board. Discussion was had regarding the necessity to review and adopt some building code other than the presently used National Building Code which'.will:no,longer be maintained by the American Insurance Association. BOCA and the Uniform, Building Code are being considered. Mayor Forrest stated that much interest is being shown about rooftop. solar units and asked whether Deerfield had a.code governing them. Mr. Smalley re- plied that the Village did not have such a.code. He added that.research into .BOCA.and Uniform Building Codes revealed.that neither fully addresses solar energy for homes, and therefore, it will be necessary to obtain the best in- formation available on solar, regulations in zoning and building and incor- porate i t into whatever code is adopted. He stated that during the past year, four completely solar homes as well.as several solar- assist units have been constructed in the Village. At present solar installation must comply with the National Electrical Code, the State Plumbing Code (if plumbing is involved), and structural codes. He expressed concern that "there could be a problem down the line in zoning due to air rights, shadows, etc." , Mayor Forrest was concerned that absent a.solar code, village residents might be exploited by unscrupulous "operators'.'. He asked Mr. Smalley to check with neighboring communities to find out what they are doing. Mr. Smalley replied that a check with surrounding communities and a report had been begun already, 136 and that it appeared that Lake Forest is the only one which has proceeded in any direction and is trying to assemble some code. He added that he will - find out what is available and.report to the Board at its next.meeting. Trustee York stated that the Chamber of Commerce had received complaints about a company operating in the Deerfield area which invites residents to a P seminar" on solar energy.for- homes'and.then subjects them to high pressure sales tactics. Mr. Smalley will investigate their presentations. Responding to Board inquiry, Mr. Smalley stated thatf`.71)`foundation work on Chi Chi's restaurant is progressing, but slowly,as.caissons'must be -sunk very deep, 2) though violations have been corrected at 118 Willow Ave., no con- struction work is taking place, and 3) information regarding the petition before the Cook County BZA for a 150 ft. monopole at the Gun Club will be forthcoming in order that the Board can make a formal protest. The Board thanked Mr. Smalley for his report. TOWN & COUNTRY DEVELOPMENT MAYOR'S VETO OF ORDINANCES 0 -82 -48 & 0 -82 -49 Forrest read his veto message, At the Board meeting of October.4, 1982,. . Mayor Forrest had announced his intention to veto Ordinances -.N6. 0 -82 -48 and No. 0- 82 -49' passed that evening. Accordingly, Mayor attached hereto and made part of these minutes. Trustee Swanson moved, seconded by Trustee Ehlers, to pass the the Ordinance Amending the Zoning Map'(No. 0- 82 -48), rezoning the property at 1360 -1422 Waukegan Road from R -1 to R -5. Mayor Forrest distributed a drawing of the subject property showing the devel- opment with, rather. than two, only :-one access .point which, he had favored from the beginning of'considerations months ago.. Trustee.York stated that he had concurred when the developer had originally submitted plans.having only one access drive (opposite Northwoods Drive). But, because the fire department and public works department.did not favor the one access point, citing difficulty for maneuvering emergency and maintenance vehicles, the developer redraw his plans to provide for two access points. He did not feel that at this late date the developer should be asked to change his plans. Regarding concerns that the development did not include a recreational areas Trustee Ehlers stated that having worked on drafting the Comprehensive Plan,. he recalled that the Park District would be invited to purchase a portion of the site for a park if they so wished. However, if they did not accept the opportunity, it was-the--intent that the density should apply for the entire parcel. He added that'he has since changed his mind about the desirability of a park in that area, adjacent to a railroad and a major road. Mr. Bud Bergmann and Mr. Bob Mackin of Northwoods Drive urged that another . traffic survey by a disinterested third party be made, commented that only the owner and developer had spoken in favor of the proposal, expressed the opinion that the function of the Board was to reflect citizens' wishes, stated that the development was not in keeping with the single'f'mily character - isticscdf the Village, and that the Park District had not been lln�ited to' acquire.the recommended Park site. Mayor Forrest reported-that--h-e--had personally contacted the Park -District only to learn that they are not interested in land acquisition at this time. Replying-to Mr. Bergmann and Mr. Mackin, Trustee Seidman stated that while he agreed that the Board is responsible for listening to residents, it must . enforce its own ordinances and honor the Comprehensive Plan. He stated that he, too, had favored one entrance road to the development, but that ordi- nances prohibit a road beyond a certain length without a second exit. Trustee.Seidman further stated that he felt.the intent of the Comprehen- sive Plan was to permit the density of the proposed development. He stated that the Board had engaged in detailed discussions to decide whether or not to go along with certain concepts of the Comprehensive Plan, one of which•, was to permit multi - family development in some parts of the Village. Pub- lic hearings were held and the site of the proposed development was approved for multi - family. He commented, "No one was out to object-as-far as I was aware; therefore the Comprehensive Plan's stipulations for this area stood. ". He was of the opinion that until such time as decision is made to alter the Plan, it behooved.the Village to follow the,Plan. 1 I t. 187 Trustee Seidman said that while there were some houses.on the market in Deerfield priced for less than Town and Country units are expected to sell for, they are are older and do not compare favorably with the new units to be built: Trustee Ehlers stated that he felt that the Board; after considering data presented, was in agreement that the proposed development would n #they help nor hinder the drainage problems presently experienced /by Northwoods' Drive ... that the Northwoods' problem is entirely independent of the Town and Country proposal. Mayor Forrest stated that in.his opinion Trustee Ehler's.statement was correct. Mayor Forrest asked Mr. Johannsen of Town and.Country Builders whether it was possible to change to one access point if the Board chooses to request it. Mr. Johannsen replied.that anything was possible, but there were a number of reasons he would not like to do so. He stated that the traffic engineer which he had employed (never used by the Company, and therefore without ties, but who had done considerable work for the Village). stated that one access would not be a satisfactory solution from a traffic, fire and police standpoint. He added that this pr6fessional opinion'.had been in response to Village.staff inquiry (unbe- known to him). The cost of'such a change would be the least important, since he already had all necessary permits except building permit's and a permit to start work. A question was raised as to whether one of .the access.points could.be designa- ted one -way only. It was agreed that this would be possible and could be con- sidered-in the future. Thereafter, the motion to amend- the Zoning Ordinance passed on the follow- ing vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) Trustee Swanson moved, seconded by Trustee Ehlers, to pass the Ordinance No. 0 -82 -49 entitled,. "An Ordinance Authorizing a Special Use Residential, Planned Unit Development. ", The motion carried on the following vote: AYES: ' Ehlers, Heisler, Seidman, Swanson, .York (5) NAYS: None (0) FLOOD ADVISORY COMMITTEE Deferred for later consideration. APPOINTMENT RECOMMENDATIONS MANPOWER COMM. RECOMMENDATIONS Mayor Forrest stated that he wished to. BZA,. SAFETY COUNCIL, VCDC recommend the following :appoiritments: BZA Alan Garfield .until 11/86 VCDC Robert Ducharme until 11/85 SAFETY COUNCIL Kenneth Weigand until 11/85 SAFETY COUNCIL Julie Worthen until'11 /.83. Trustee Heisler moved, seconded by Trustee Seidman, to accept the Mayor's. recommendations. Motion carried unanimously. FAUS RESURFACING PROJECT Trustee Swanson moved, seconded by Trustee WEST DEERFIELD RdAb­­1 to award the contract for 'the Deer ENGINEERING SERVICES- field Road FAUS Resurfacing Project (Rail - road Station to Wilmot Rd.) to Richard A. Miller & Assoc. for an amount not to exceed $8,400 for Phase I and Phase II of the project. J. There followed a short discussion regarding It noted that while Richard A. Miller & practices Assoc. was in awarding contracts. not the low bidder on was Phase II, his proposal for all three phases (Phase III to be awarded later) was $4,300 lower than the next proposal. / The motion carried on the following,vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) J. 1.3.8 ,. TOLLWAY NORTH OFFICES Police Chief Richard Brandt reported that POLICE SERVICES REQUEST Mr. Bernard Hattis, Managing Partner of Tollway North Office Center, had requested . limited police service for-their complex including: 1) a driving patrol- pro-ceeding at raridom,"unscheduled intervals through their parking lot to.check parked cars and entrances,.and 2) a walking patrol inside all their build- ings on the second floor, one to two times per evening; and a check of stairs from the first to fifth floor of one randomly selected building,each evening. Chief Brandt reported that the type of services requested far exceeds ser- vices rendered other businesses, and that inside patrolling under normal circumstances is not provided for private businesses. He stated that while the request is for patrol only,as they plan to rely on the Lake County Sher - riff's office to handle criminal incidents, Deerfield police officers are required by State law to perform their police duties should a crime occur. Hence, officers making arrests would be required to.appear in.court (on Village time and expense). Considerable time would also be spent on fre- quent contacts with the Sheriff's office. For these reasons he recommended that the Village not become involved. He stated, however, that if Tollway North should annex to Deerfield, arrangements might be worked out. Trustee.Heisler concurred-with Chief Brandt's recommendation, since he felt the request was for what is normally provided by a watchman's service. He also stated that should they annex a normal type service could be offered but added that the present request is not appropriate to the type of ser- vice that Deerfield police can be expected to offer. Other Board members agreed. Mr. Hattis will be apprised of the Board's view. REAL ESTATE SIGNS Trustee Swanson.moved, seconded by Trustee Seidman,.to.instruct the Plan Commission to. hold a public hearing to consider permanent rules governing real estate signs. Trustee Seidman asked about the results of the trial period when open house signs were temporarily permitted on parkways,Wednesday and Sunday afternoons. Building and Zoning Director Smalley stated that the self - policing by.the realtors as recommended by Mr. Snyder of Coldwell Banker Realtors had worked very well, and there had been no further problems with open house signs., The ``"motion to refer the matter to the Plan Commission to hold a public hearing carried unanimously. _ CONSENT AGENDA ADMINISTRATIVE COSTS Trustee Seidman moved, seconded by Trustee LIQUOR LICENSE APPLICANTS Swanson, to waive the rules to permit pass- ORDINANCE NO. 0 -82 -53 age on first reading of the Ordinance amending Section 3 -4 of 'Chapter 3 of the Municipal Code to hold applicants.for liquor licenses responsible for all costs incurred in processing the application. Motion carried unanimousl7,. ESCROW RELEASE _ DIMEO BROS. Final`payment to DiMeo Brp s, 1ne. of $4,125 LAUREL..HILL #14/KRAFT, RESUB. for completed underground improvements for Laurel Hill 4114 and.Kraft Resubdivisions. . . ESCROW RELEASE - DIMEO BROS. Final payment to DiMeo Bros, Inc. of $10,839 LAUREL HILL WOODLANDS for completed underground improvements in Laurel Hill Woodlands. Trustee Heisler moved, seconded by Trustee Swanson, to accept the Consent Agenda and pass Ordinance No. 0- 82 -5,3. Motion carried on following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) Mayor Forrest signed the ordinance indicating his approval thereof. MOTORCYCLE SHOP 704 -08 HOFFMAN LANE ZONING ORDINANCE AMENDMENT and SPECIAL USE /MULTIPLE USE Trustee Seidman stated that he would like clarification of the problem being encoun- tered at the point when the Board was ready to pass ordinances amending the Zoning Ordi- nance and granting a Special-Use for a Motor- cycle shop at 704 -08 Hoffman Lane.. 1 1 1 1.1319 Building and Zoning Director Charles Smalley stated. that he Fi4 Department had contacted the owner and required the installation of a sprinkler system or the erection of a fire wall in the building due to its age and the planned use of volatile fluids. Mr. Mordini, representive of the .owner, had come to speak with Mr. Smalley about fire wall specifications. Mr. Mordini stated.that- a sprinkler system might cost $40,000 and require the heating of the.garage to prevent frozen Water pipes,. in which case it might be more economical to extend the present brick wall upward to the roof .and install sprinklers in the work area only. He reported that he had engaged architects to check out the possibilities. He added that the fire department is requesting'a new ceiling, electrical wiring, etc. to which the owner is,agreeable. Mr. Smalley advised the Board that sprinklers.were not a building code re- quirement, but that a copy.of the petition had been forwarded to the Fire Department who in turn had contacted Mr. Mordini. He explained that the building is an existing building and does not come under the present codes. The Board did not wish to approve the ordinances until the problems with the Fire Department were resolved. Accordingly, Trustee York moved, seconded by Trustee Ehlers, to table the matter for two weeks. Motion passed unani- mously. SOLICITATION HOURS (TO 8 PM) Trustee Seidman moved, seconded by Trustee VILLAGE FRANCHISEES Ehlers, to waive the rules to.permit passage MUNICIPAL..CODE'AMENDMENT of the'ordinance on first reading. Motion ORDINANCE NO.. 0 -82 -54 carried unanimously. Trustee Seidman moved, seconded,by.Trustee Ehlers, to pass the ordinance amending the Municipal Code'to permit Village Franchisees to solicit until 8 P.M. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None. (0) Trustee York reported that a. resident had called the Chamber of Commerce saying he had been told that he.could have a free Cable TV hook -up. Mayor Forrest• asked for a report from the Cable Committee in this regard for the next Board meeting. DEERBROOK SHOPPING CENTER Mayor Forrest stated that, following the AMEND PUD last Board meeting, Mr. Joseph Valenti, Sr. ORDINANCE NO. 0 -82 -55 had discussed with him the concerns for traffic safety at the Lake -Cook Road en- trance, and had offered to contract for special police services'to help dur- ing peak -hour traffic. Chief Brandt had investigated the matter and was of the opinion that a special police detail might very well aggravate rather than help the situation. Mayor, Forrest agreed. Trustee Swanson moved,_ seconded by Trustee Heisler, to pass the'amendment to the Pud for Deerbrook Shopping Center., Trustee York stated, "We have heard from the Valentis,and Chuck Buccola, but we have not yet heard what.the major tenants (Wards, Venture, Jewel-, etc., even Marshall ,§) think -about opening the road. I think their views are jmpor- tant to Deerbrook, Lake -Cook Plaza and the Village... Also, we have not heard from residents... until this moment. Last week the Chamber of Commetce comis- sioned the Smith Survey Co. (operating in Deerfield for.20 yearsland serving the largest food and drug manufacturers_ in.the country as //well a� the 10 largest advertising agencies in' the U.S.) to do,a study ot� a very quick tele- phone survey starting last Thursday and finished three hours ago: Larry Ham - mond of Research & Marketing'Co..in Chicago did the tabulating over the week= end so..it would be available tonight." Trustee York then di §tributed.copies of the survey which stated that telephone interviews were; conducted on October 13 and 14 with 100 heads of households, 75 women and 25 men, all . living -within a 2 -mile radius of Waukegan and Lake Cook Roads. Trustee York then read highlights of the survey which gave a strong indication that the access road would increase shopping in both Deerbrook and Lake -Cook Plaza by improving the drawing power of Deerbrook and Lake -Cook Plaza-as a single unit-without canabalizing either.as a.result of the road. Trustee York displayed an aerial map:showing how an access road could be effected without using the area _intended.,for future buildings.. He submitted that Deerbrook would not.lose Marshalls if .a decision was.deliyed,another two weeks 140 ,.. to give the Vale ntis the opportunity to consider this new survey information and reconsider the whole matter'in a realistic way. He. therefore. moved, seconded by Trustee Seidman,to table the final vote for two weeks. The motion failed, Trustees Swanson, Heisler and Ehlers voting-Nay. The :;motion to accept the amendment for the Deerbrook PUD passed on the follow- ing vote: Ir AYES: Ehlers, Heisler, Swanson, Forrest (4) /. NAYS: Seidman, York. (2) Trustee Seidman reiterated his displeasure that the PUD was approved without requiring an access road. Mayor Forrest replied that.he'felt the two shop- ping center owners were now working together and he felt that the agree- ments for a limited access was the first step toward resolution of'the prob- lem in the future. Assistant Manager Majorie Emery reported that St. Gregory's Church is re- questing temporary relief from their Sunday morning parking problems through Village permission to park on'the'east side of Wilmot Rd: for Sunday morn- ing services. Whereas the church once used the'Wilmot School parking lot for overflow parking, that lot is now being used by B'Nai Tikvah for parking. on Sundays. The church plans to expand parking on.its: own property but for the present needs on- street parking. Chief Brandt had reported that he found no problems in granting the request. Trustee Heisler wondered how long it would take.for. completion of the parking lot expansion, how many cars will be parking on the street (where Wilmot Rd. is quite narrow,just north of the church driveway) etc. A suggestion was made to consider overflow parking.on Montgomery Rd. Finally, decision was made to ask a representative of the church'to come in and to ask for an opinion from the Safety Council. 's:The item will be on the agenda at the next Board meeting. There being no further business to come before.the'Board, upon motion by Trustee Seidman, the meeting was adjourned at 9:30 P.M. ATTEST: Village C er APPROVED: i Mayor / r I 0 �i 1 LJ '4 �r • s r INTERDEPARTMENTAL MEMORANDUM TO: Board of Trustees FROM: Mayor Bernard Forrest DATE: October.18, 1982 SUBJECT: VETO OF TOWN AND COUNTRY PETITION 16.,;_ Pursuant to Section 2 -28 of the Municipal code, 1 hereby veto Ordinance 0- 82 -48, entitled "Ordinance Amending the Zoning Map ", and Ordinance 0- 82 -49, entitled "Ordinance Authorizing.a Special Use - Residential Planned Unit Development ", both relating to the Town*and Country Petition for 1360 -1422 Waukegan Road. My objections to these ordinances are as follows: 1. Of primary concern are the traffic and safety hazards that will be created _ by virtue of this development. Although recommended by the petitioner's Traffic Consultant, I object strenuously to the two access points of the proposed development. 'In excess of 20,000 vehicles travel Waukegan Road daily. Adding two additional drives at a point on Waukegan Road where it curves is, in my opinion, inviting accidents. 'While warrants may not now be met for traffic signals, at some future point certain warrants (based on. safety, interruption of continuous traffic or a combination of State warrants) may be met if there were only one access pointy .Add to this the difficulty of entering Waukegan Road during rush hour traffic and there is sufficient justifieat.ion, in my mind, to deny this development.. 2. The Comprehensive Plan of Deerfield never intended to permit the density which this project involves. The Plan specifically calls for a portion of this property to be designated for recreational purposes, thereby reducing the amount of .buildable land and its related.density.. 3. The type of housing proposed is, again in my opinion., not of the quality that has been characteristic.of residential development in Deerfield. 'it is clear that Town and Country proposes to meet only the minimum standards allowed by our Suilding Code. in addition, some portion of the selling price is'being used to "buy down" the interest rate on the mortgage which again inflates the selling price and /or reduces the value in terms of building quality. 4. There are presently 23 houses on the'market within. the Village which will sell for less than the prices of the Town and Country units. There is no pressing.,need to build houses in any specific pricing category, as there are ample;suppplies available. 5. -Finally., allowing this type of.development.will only encourage similar types of development elsewhere in the community. It sets a bad precedent for.other .�f vacant property as well as those potential. areas for redevelopment. It is for these reasons that I.hereby veto - Ordinances 0-82.-48-and 0- 82- 49*and ask the Village .Board_ to reconsider 1 ts, earlier posi tiom.and let, thi s veto stand. BERNARD FORREST Mayor