10/18/19821
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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.
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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,
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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.
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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.
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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. .
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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..
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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
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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:
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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:
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Mayor
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INTERDEPARTMENTAL MEMORANDUM
TO: Board of Trustees
FROM: Mayor Bernard Forrest
DATE: October.18, 1982
SUBJECT: VETO OF TOWN AND COUNTRY PETITION
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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