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11/07/1983?58 r November 7, 1983 The regular meeting of the Board of Trustees of the Village of Deerfield was call- ed to order by Mayor Forrest in the Council Chamber of the Village Hall on Monday', November 7,'1983 at 8:06 P.M. The Clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor` Stephen 0. Jackson James L. Marovitz .� 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 Robert D. Franz, Village Manager, and Village Attorney James K. Stucko. Trustee Seidman moved, seconded'by Trustee Jackson, to approve the minutes of the previous Board meeting as submitted. Motion carried unanimously. LASALLE PARTNERS /VECCHIONE ANNEXATION AMEND. REQUEST TOLLWAY /CLAVINIA . DEER RUN STREET CONNECTIONS ATF REPORT /RECOMMENDATIONS Removed from agenda at the request of Equity Associates. Manager Franz -read the recommendations of the Advisory Task Force (ATF) concerning Deer Run streetconnections as follows: 1. Emergency access only be provided between Deer Run Subdivision and Hyacinth Lane in Briarwood Vista Subdivision on the general alignment of the emergency access as now shown on the preliminary Plat of Subdivision, as approved. 2. Emergency access only also be provided between Deer Run Subdivision and Carriage Way Drive to the south of Colony Point Subdivision on the general align- ment with Lot 72 of Deer Run Subdivision as shown on the preliminary plat,of sub- division dated June 8, 1983 Revision of the Preliminary Plat of Subdivision. 3.'That both such emergency accesses be provided within 60' order that future public access may be provided within either subject to the restrictive covenant described below. rights -of -way in or both rights -of -way 4. That the emergency vehicular paths within the 6Q' rights -of -way shall be no more that 10' in-width and shall be designed..to the current state of the art to discourage non - emergency traffic. 5. There shall be no vehicular access of any kind through Kerry Lane into Colony Point subdivision or through Carlisle Avenue on the south into Briarwood Vista subdivision. 6. That restrictive covenants be placed upon the final Plat of Subdivision and rights -of -way dedications providing that future public access shall not be pro - vided'over either of'the emergency access rights -of -way in the event that 50% or more of the legal homeowners in either of the two subdivisions between which public access is being proposed show formal objections to such access; after due notice. Mayor Forrest stated that at his request Village Attorney Stucko had prepared for consideration that evening a Declaration of Restrictive Covenants as recom -. mended by the AFT (Item 6). Att'y. Stucko explained that.the covenant, in accord with the ATF recommendation, provided that the Village Corporate Authori- ties will not improve either of the two areas in question with a fully improved street unless they conduct a public hearing to consider that. particular issue, following legal notice, and if they have not received written objections from the owners of 51% of either of the two subdivisions affected by either connec- tion. He stated that the covenant would be executed by the owners of Deer Run and placed upon the Final Plat of subdivision and rights -of -way dedications and recorded. Replying to inquiry by Trustee Marovitz regarding the present easements, Att'y'. Stucko explained that the existing grant of easement for a public right -of -way to Colony Point will be vacated and rededicated subject to the provisions of the covenant. Trustee Marovitz and Trustee Seidman questioned the covenant's public hearing sequence, favoring instead a provision calling for a public hearing followed by a time period for receipt of objections from homeowners. 1 1 1 1 1 2�9 Considerable discussion followed regarding the 10' width of the emergency access lanes. Mr. Larry Dondanville, Traffic Consultant and Chairman of the ATF, ex- plained that the lanes would be stabilized turf ... a.gravel base tonned with grass and planted with low shrubs to" discourage any but emergency vehicles which could run over the low shrubs. He stated that emergency vehicles have an 8z' wheel base, and thus, a 10' lane is sufficient. Trustee Marovitz took particular note of the fact that the fire department had not been contacted for its approval of the lane width. Mayor Forrest commented that a strip of stabilized turf. around One Deerfield Place had met with fire department approval. Mgr. .Franz noted that the fire department had indicated to Staff that while 15' strips were preferred, it could live with 10 feet. Mayor Forrest assured Trustee Marovitz that the fire department would be contacted for their comments. Thereafter, Trustee Seidman moved, seconded by Trustee'Jackson, to/ accept the recommendationsof the Advisory Task Force regarding the street connections in Deer Run Subdivision. Mayor Forrest read _a letter from Trustee Marty stating she was in complete ac- cord with the recommendations of the Advisory Task Force. Trustee Marovitz stated that he would have grave misgivings voting on the matter since there were still, in his view, two critical, open issues: 1),lack of fire department approval of emergency lanes, and 2) the covenant provision. in regard. to the timing of a public hearing on public access. Trustee Seidman stated that if the fire department seriously felt it must have a 15' emergency lane, he believed the home owners would have no objections. Also, the homeowners will have an opportunity to examine the covenant, and if there are small changes here and there, he did not anticipate objections from them.. Mayer Forrest stated that he really felt that a 10'lane was an adequate width for emergency vehicles,though 15 feet might be better. He added that he felt confident that the final form of the restrictive covenants would satisfy the Village Attorney, the Board, and the homeowners. He added that what was really being said, in principle, was "this is what we will do." "We don't have to have restrictive covenants until the plats are ready... there is a little time." He favored input by the homeowners. He went on to say that the ATF had done an excellent job, spending a lot of time, and the homeowners had attended a lot of meetings. Thus, he favored voting for the recommendation'. Mr. Arthur Rollin, 635 Carlisle Avenue, stated that the compromise-of the ATF was not acceptable to the Colony Point homeowners who preferred action which ° would permanently prevent a Carlisle Avenue public access... He added that,he.had "grave concern" over the provision for nullification of the covenant upon a two - thirds vote of the subdivision residents. Trustee Jackson stated that the two- thirds vote provision was not in the ATF recommendations. Att'y. Stucko stated that the provision was just a usual in- clusion in such covenants, but it could be deleted. Motion to approve the Advisory Task Force recommendations passed unanimously. Trustee Marovitz requested that it be noted that he had been uncomfortable vot- ing on the recommendations and covenant which were.not yet in their final forms, and that his affirmative vote should not be considered a commitment. Since a number of residents from Colony Point were at the meeting and had ex- pressed concern over effects on their area by Deer Run construction, Mgr. Franz assured them of the temporary nature of such effects and explained how they would be resolved. BAXTER /TRAVENOL PETITION Removed from agenda at petitioner's request. ANNEXATION AGREEMENT AMENDMENT GALVANI PROPERTY Mgr. Franz stated that following a public 768 OSTERMAN AVENUE hearing on September 15, 1983 and its con - REZONING /SPECIAL USE C -1 PUD tinuation, the Plan Commission recommended PLAN COMM. REPORT /RECOMM. (6 -0) that the property be rezoned to C -1 and a Special Use for a Planned Unit Develop- ment and the variations required (to permit the construction of an incubator building) be granted with the stipulation that if the existing screening along the southern portion of the eastern property line is ever removed or needs re- placing, the petitioner will screen that area in accordance w=i tli the applicable Zoning Ordinance provisions. 260 GALVANI PROPERTY VCDC RECOMMENDATION The Village Center Development Commission recommended, on a vote of 7 =0 with one abstention, approval of petitioner's request. Trustee Swanson asked Mr. Galvani what types of retail uses he envisioned for his commercial building. Mr. Galvani replied that he felt that special /packaged merchandise not generally sought by the public would be sold. Mr. Galvani felt that the addition of trees, berms, grass, landscaping, etc. would improve the site and attract low- volume retail uses. Trustee Marovitz moved, seconded by Trustee Swanson, to approve the preliminary plan. Motion carried unanimously. BILL KNAPP'S RESTAURANT Mgr. stated that following a public hearing RESUB. OF MARSHALL SITE held October 13, 1983, the Plan Commission (SOUTH WAUKEGAN ROAD) & (on a vote of 6 -0) recommended that the SPECIAL USE request by Bill Knapp's Restaurant be granted PLAN COMM. REP. /RECOMM. for a subdivision of the Marshall property on south'Waukegan Road and a Special Use for a restaurant and variations from the Zoning Ordinance requirements as follows: size of loading berth decreased,.use of deciduous plantings other than evergreens, required landscaped screening provided in other than owner'sfront yard (off -site parkway), and elimination of curb stops and roping of parking stalls. Mayor Forrest asked Plan Commissioner David Marks what had led them to recommend two curb cuts for the site. Mr. Marks stated that there had been /considerable discussion of the matter, but in view of the fact that the restaurant does not open until after 10 A.M.,-hours which'do not conflict with'the general traffic peak in the area', and the restaurant is a sit -down facility and not a traffic generator, the two curb cuts would not pose a particular problem. Mr. Bill Higgins, Board Chairman of Bill Knapp's Restaurants, stated . that based on past experience, they did not anticipate a problem, but would close one en- trance if a problem arose. Trustee Swanson felt that the traffic study presented was really a listing of data with an opinion. He was concerned that the restaurant would be bracketed between traffic lights at Kates Road and the McDonalds /Cadwell's Corners light. Mr. Stephen Roake, Traffic Engineer for Knapp's, acknowledged that the report was not an in -depth traffic study. However, he submitted, that because of the type of restaurant proposed,there was no need for the type of study required for drive -in facilities, banks, etc. He submitted that the restaurant would hav� N a 50 -60 peak vehicle count per hour and that two entrances would diffuse most of the traffic and get better flow. He stated that a check of the traffic indicated there were sufficient gaps in traffic to. permit safe left -turns onto Waukegan Road. Plan Commission Chairman Harriet Rosenthal stated that they had really delved into the traffic situation and questioned the traffic report until they realized that the amount of traffic generated. by a Bill Knapp's restaurant was just "a drop in the bucket'.' compared to operations having :thousands of feet of retail space requiring in -depth traffic studies to which the Plan Commission had become accustomed. Recognizing that the Knapp's people had been successfully building these low- traffic generating restaurants for years, the.Plan Commission decided to go along with Knapp's sense of traffic conditions. Trustee Seidman felt that the Village's engineering staff.should examine drive- way plans for either two or three lanes. Mayor Forrest stated that Staff would, be so instructed. Trustee Seidman moved, seconded by Trustee York, to accept the Plan Commission recommendation to grant the petition of Bill Knapp's Restaurant and instruct the attorney to prepare.the necessary ordinance. Motion carried. unanimously. The Board recessed at 9:05 P.M. and reconvened at 9:15 P.M. with all members present and in attendance. 1 1 s 1 VARIATION (KOSS) Mgr. Franz stated that the Board of Zoning ACCESSORY STRUCTURE Appeals had held a public hearing on October 243 WILMOT ROAD 18, 1983 to consider the petition of Joseph. BZA RECOMMENDATION Koss, 243 Wilmot Road, for a variation to permit the construction of an accessory build- ing five feet from the rear and side property lines in lieu of the required 10 feet. A motion and second to recommend granting the variation because of "practical difficulties" was followed by a vote of 3 ayes, i nay. The BZA therefore recom- mended denial of the petition since an vote of Four is r qui.i cci i=oc recommendation Lo grant a 261 Discussion ensued on "hardships" and "practical difficulties" and what the Board should find if it wished to override the BZA recommendation. Village Attorney Stucko noted that such terms were very subjective definitions. BZA Chairman Richard Lorenz stated.that he could not find any hardship or difficulty, as defined in the Zoning Ordinance, necessary for granting a variation and had therefore cast the negative vote. Mr. Koss pointed out that his neighbors to the east, having R -3 zoning, could build within five feet of their lot lines, and that unless he could do likewise, he would have to remove 30- year -old trees. Trustee Marovitz stated that he got the impression that Mr. Koss was pleading aesthetic hardship. Trustee Swanson saw economic hardship if mature trees had to be destroyed. Trustee York moved, seconded by Trustee Swanson, to.accept the.BZA recommen- dation to deny Mr. Koss' petition. Motion failed on the.following vote: AYES: None (0) NAYS: Jackson, Marovitz, Seidman, Swanson, York (5) Trustee York moved, seconded by Trustee Jackson, to grant a variation to permit the building of an accessory structure five feet from the rear and side lines of the property at 243 Wilmot Road in lieu of the required ten -foot set back and to instruct the attorney to prepare the necessary ordinance. Motion carried unanimously. - -• - OMNICOM PUBLIC ACCESS STUDIO School,Dist. 109 wishes to lease a room in•the SCHOOL DIST. 109 REQUEST Shepard Jr. High School to Omnicom and con - SPEC. USE SHEPARD JR. HI. vert the room into a "public access studio" the Plan Commission for a public access Following a public hearing on October 27, 1983., recommended (on a vote of 4 -0) that a Special Use /Unique Use studio at the Shepard Jr. High School be approved. Day Care Center. 0 manent Special Use vious stipulations parking and traffic Village Staff, and Use of the Cadwell School for the Deerfield n a vote of 4 -0 the Plan Commission recommended that a per - for the property be granted in accordance with all the pre - and the following: 1) In order to insure traffic safety., a control signage ,plan be developed with the approval of the 2) the parking areas should be striped. Trustee Seidman stated he favored striping of the parking lot. Mayor Forrest inquired as to who would do the recommended signage plan. Mgr. Franz felt the petitioner should present a plan which the Staff could review and Mr. David Marks of the Plan Commission concurred. He stated that there was a lot of traf- fic every morning and that parking was a little disorganized but could be con troKed by directional on -site signage. He felt the area would then be safer. Mrs. Bell Silver, director of the Day Care Center, submitted that there had been no problem with on -site parking. No child is permitted to walk alone across a parking lot, but must be accompanied by a parent into the school and vice versa. She objected to 'a requirement for parking lot signage and submitted that her clientele were very intelligent and did not need such directions. She wondered at the "close monitoring of the day care center by the Village Board." The Board denied any unusual, close monitoring and pointed out that the Special Use granted last year and limited to;a one -year period was to allow the Village-to review the impact of the Center's taking over the entire Cadwell school. It was pointed that the recommendation for signage was.' for safety purposes. Trustee Swanson moved, seconded by Trustee Jackson, to accept the Plan Commis- sion's recommendation to grant a permanent Special Use to the Deerfield Day Care Center and instruct the attorney to prepare the necessary ordinance. Motion carried unanimously. FIAT- ALLIS /MATAS: REZONING All three items deferred for later consid- SPECIAL USE - PUD eration. TEXT AMEND. - MEDICAL /DENTAL USES Trustee Seidman moved, seconded by Trustee York to accept the P1an.C6mmission recommendation and to instruct the attorney to..prepare the necessary ordinance. Motion carried unanimously. i DEERFIELD DAY CARE CENTER The Plan Commission held a public hearing on PERMANENT SPECIAL USE October 27, 1983 at the request of School CADWELL SCHOOL District 109 to renew the.existing Special Day Care Center. 0 manent Special Use vious stipulations parking and traffic Village Staff, and Use of the Cadwell School for the Deerfield n a vote of 4 -0 the Plan Commission recommended that a per - for the property be granted in accordance with all the pre - and the following: 1) In order to insure traffic safety., a control signage ,plan be developed with the approval of the 2) the parking areas should be striped. Trustee Seidman stated he favored striping of the parking lot. Mayor Forrest inquired as to who would do the recommended signage plan. Mgr. Franz felt the petitioner should present a plan which the Staff could review and Mr. David Marks of the Plan Commission concurred. He stated that there was a lot of traf- fic every morning and that parking was a little disorganized but could be con troKed by directional on -site signage. He felt the area would then be safer. Mrs. Bell Silver, director of the Day Care Center, submitted that there had been no problem with on -site parking. No child is permitted to walk alone across a parking lot, but must be accompanied by a parent into the school and vice versa. She objected to 'a requirement for parking lot signage and submitted that her clientele were very intelligent and did not need such directions. She wondered at the "close monitoring of the day care center by the Village Board." The Board denied any unusual, close monitoring and pointed out that the Special Use granted last year and limited to;a one -year period was to allow the Village-to review the impact of the Center's taking over the entire Cadwell school. It was pointed that the recommendation for signage was.' for safety purposes. Trustee Swanson moved, seconded by Trustee Jackson, to accept the Plan Commis- sion's recommendation to grant a permanent Special Use to the Deerfield Day Care Center and instruct the attorney to prepare the necessary ordinance. Motion carried unanimously. FIAT- ALLIS /MATAS: REZONING All three items deferred for later consid- SPECIAL USE - PUD eration. TEXT AMEND. - MEDICAL /DENTAL USES 262 TRUCK HEIGHT & WIDTH CONSENT AGENDA 1st Reading - Municipal Code Amend.Sec. 22 -96. CLASS A & B LIQUOR LIC. FEES 1st reading - Mun. Code Amendment Trustee Seidman moved, seconded by Trustee York to approve the Consent Agenda. Motion carried unanimously. LAKE -COOK OFFICE CENTER Second reading of ordinance to eliminate'cer- AMENDMENT OF PUD tain landscape requirements and permit a ORDINANCE NO. 0 -83 -42 development identification flag. Trustee Seidman moved,.seconded by Trustee York, that the Plan Commission be directed to hold a public hearing to consider permitting sign /flags by ordinance and deletion from the Zoning Ordinance certain present parking lot requirements such as berms, roping, striping, wheel stops, etc. and to reconsider the sign ordinance. Mayor Forrest urged the Board to consider the motion with caution since about six years work on the Zoning could be undone. He stated that review of one or two items would be in order but to ask the Plan Commission to review all of..' the items suggeste'd. would put an undue burden on them, pointing out that the sign ordinance itself was about 35 pages long. The motion failed on a vote of 2 ayes.and 3 nays. Trustee Marovitz moved, seconded by Trustee Jackson, to pass the ordinance amend ing the Special Use /PUD of the Lake -Cook Office Center. Motion passed on the following vote AYES: Jackson, Marovitz, Swanson, York (4) NAYS: Seidman (1) $500,000 CORP. PURPOSE BONDS Trustee.Seidman moved, seconded by Trustee TAX INCREMENT REDEVELOPMENT Swanson, to waive the rules to permit passage ORDINANCE N0: 0 -83 -43 on first reading of the ordinance. Trustee Seidman moved, seconded by Trustee Swanson, to .pass the ordinance authori- zing the issuance -.of $500,OOO.Corporate Purpose.Bonds. under: the Tax Increment Re -. development'Pl'an: Motion carried on.the following vote: AYES: Jackson, Marovitz, Seidman, Swanson, York (5) / NAYS: None (0) INTERCEPTOR SEWER /BRICKYARDS Mgr. Franz reported that the interceptor sewer DISCUSSION OF FUNDING line for the Brickyards should be located on virgin soil along the east and north perimeters of the IDOT /Deerfield property. However, it is unlikely that Deerfield will soon receive approval for an easement requested from IDOT. The Village, therefore, has two options at this time: 1) Await a decision by IDOT on whether they will grant right -of -way needed for extending Pfingsten Road, along which the new sewer would be located, or 2) Retain Soil and Material Consultants, Inc. (at a cost of $4,000) to perform soil testing in hopes that ground conditions would permit the sewer improvement on Flodstrom's property. He stated that Staff recommends Option 2 since it is in the best interests of the Village to move forward with this sewer project at the.earliest possible date. There followed a lengthy discussion of subsurface conditions found in the fill - area where even at a 65 -foot depth a bearing surface has not been found. Village Engineer Soyka felt that testing of the Flodstrom property immediately adjoining the IDOT /Deerfield parcel might disclose a strip ten to thirty feet wide of virgin soil in which to lay a sewer line not needing to be artificially supported. Trustee Seidman moved, seconded by Trustee York, to accept a proposal from Soil and Material Consultants, Inc. of Arlington Heights, Illinois to perform soil testing for a maximum of $4,000. Motion carried on the following vote: AYES: Jackson, Marovitz, Seidman, Swanson, York (5) NAYS: None (0) REPORTS: Mgr. Franz reported that Public Works Director Edmund Klasinski was advisec] by the Cook County Highway Department that it would permit tree planting along the 1 1 1 1 I north side of Lake -Cook Road right -of -way provided Deerfield would provide and maintain the trees at no expense to Cook County. Mayor Forrest favored developing a plan for such landscaping along the entire length of Lake -Cook Road which could be considered at budget time. Staff will proceed to develop such a plan. Mgr. Franz reported that some residents living on private roads had asked to participate in the Village's 50/50 tree program. The policy has been not to expend public funds for plantings on any.but public rights -of =way. The Board favored continuation of the present policy. Mgr. Franz reported that structural problems with the traffic,light standards had been caused by. attaching banners to them. Staff will ask the Board to. reconsider permitting banners to be hung from the lights. There being no further business.to come before the Board, upon motion by Trustee York, the meeting was adjourned at 10:00 P.M. ATTEST: Village Cler OVED: Mayor i6