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11/19/1984November 19, 1984 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on November 19, 1984 at 8 :08 P.M. The Clerk called the roll and announced the following were Present: Bernard Forrest, Mayor Stephen 0. Jackson James L. Marovitz 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 K. Stucko. Trustee Seidman moved, seconded by.Trustee Jackson, to approve the minutes of the previous Board meeting with the following corrections: under SIGNAGE PLAN - BRICKYARDS, change Lyn Flodstrom'to Len Flodstrom; under HANDICAPPED PARKING SIGNS, sixth paragraph, second line, change "out" to "up "; in last paragraph, change the adjournment time to 10:35 P.11. Motion carried unanimously. APPROVE WARRANT NO. W -84 -11 Trustee Seidman moved, seconded by Trustee Jack- son, to approve the bills.and payroll, including transfers and reimbursements. Motion carried on the following vote: AYES: Jackson,.itarovitz, Marty, Seidman, Swanson, York (6) NAYS: None (0) TREASURER'S REPORT Finance Director George.Valentine reported that October had been a very calm month. Revenues and expenditures had proceeded according to the budget plan in general. Departments had operated within their budgets with the exception of the Water Department which is approximately,$7,000 over its projected budget, due to higher than anticipated sum- mer water sales. The Sales Tax for October was less than received during that month last year. Mr. Valentine was of the opinion that the decline was due to the closing of Montgomery Ward but felt that tax receipts would increase as replacement stores open. STUDENT GOVERNMENT DAY Mayor Forrest introduced individually each Stu - OFFICIALS INTRODUCED dent Government Day official who had "served" the Village on November 8 -9, 1984. In behalf of the Village and its Staff, Mayor Forrest thanked them all and led a hearty round of applause in appreciation of their participation. SIGN MODIFICATION Trustee Seidman moved, seconded by Trustee Swan - LAKE -COOK ROAD (IFERGAN) son, to call back from the table the report and BZA REP. /RECOMMENDATION recommendation of the Board of Zoning Appeals regarding a sign modification for the Charles Ifergan property on Lake -Cook Road. Motion.carried unanimously. Manager Franz stated that a hearing had been held on October 16, 1984 to Consider the petition of Charles If ergan for a sign modification to permit the erection of a second free standing sign on his Lake -Cook Road property. The property consists of two lots across both of which has been constructed a single building housing the nationally advertized Pizza Hut restaurant as well as a beauty salon. For zoning purposes, the parcel is considered a single zoning lot entitled to only one ground sign. The BZA recommended denial of the petition inasmuch as a motion to approve the request resulted in a vote of 3 to 1, thereby lacking a majority vote. The petitioner submitted that the Pizza Hut had access to the one sign post on the property, but the hair salon needed identification as well. While a wall sign would be legal, the unique construction of the building affords no wall space on which to erect such a sign, and a roof sign is not permitted by ordinance. Discussion ensued regarding the site for the requested second ground sign ... the site which once accommodated a ground sign and had an electrical feed for .power. The sign would be 10' high and would present no sight line problems for motorists. Thereafter, Trustee Marty moved, seconded by Trustee Swanson, to accept the BZA recommendation to deny the request. Motion failed (0 -6). Trustee Marty moved, seconded by Trustee Marovitz, to grant the petition for a second ground'sign and instruct the attorney to prepare the fie'cessary ordinance. Motion carried unanimously. STEIN - SIGNAGE PLAN Manager Franz reported that the Plan Commission DEVELOPMENT AND OFFICE PORTION had held a public hearing on October 11, 1.984 and PLAN. COMM. REP. /RECOMMENDATION recommended proposed signs as follows: approval as proposed subject to its northernmost point being located no less than 80' from centerline of Lake -Cook Rd. and 25.' from deceleration lane. l:G -2, EC -3, E -4, E -5 - approval as proposed EG -6 - be approved as proposed subject to 20% reduction in sign "faces" (removed from peripheral areas of faces). Trustee Seidman as well as Trustee Marovitz questioned the necessity of a neon wall sign on the hotel as well as hotel identification on the large "lollipop" site sign. Mr. Andre King, sign architect, explained the rationale for design of the signs, site magnitude, visibility distance, etc. He stated that it was appropriate for the hotel to have its own identification sign (visible only by east /west Spur -traffic)* though necessarily subordinate to the large "Iol.l.ipop" sign, which will have a much larger range of visibility. The "lollipop" sign will not be visibile to the residential part of the Village. Mr. Ted Novak, Attor.nc:y for the peti.ti.oner., stated that a wall. sign was part of the "hotel sign package" and part of the hotel management approval. process. lie pointed out that the hotel and site signs were 3,000 feet apart. Further discussion ensued regarding handicapped parking signs. Mr. Novak stated they had some very handsome architecturally designed signs consistent with the state ordinance. Trustee Seidman asked if the designers were aware of the pro- posed ordinance for handicapped parking on the Board's agenda for that evening. Mr. Novak stated they will comply with Village requirements. Thereafter, Trustee Marovitz moved, seconded by Trustee Jackson, to approve the Plan Commission's recommendation regarding signage, with modifications, for the site and office portion of the Stein development. Motion carried unanimously. STEIN PROPERTY (ARBORLAKE) Manager Franz stated that the Plan Commission FINAL DEVELOPMENT PLAN reported that it finds the Final Development Plan for the Stein'property to'he in substan- tial conformance to the previously approved preliminary development plans. The Final Plan shows the following changes which the Plan Commission believes are not substantial: 1) The "footprint" of the hotel reflects some dimensional changes in the size of the hotel with the net result being a decrease in its size, 2) The landbanked area previously designated as a landscaped area would be either landscaped as previously shown or would be developed with tennis courts (the area would always be available to conversion to parking if necessary), 3) Certain changes to both the site plan and the landscaping plan would need to be made in light of the approval of the.signage plan (Lake -Cook Road sign). Accord- ingly the Plan Commission recommended that the Final Development Plan for Arbor - lake be approved. Trustee Seidman moved, seconded by Trustee Swanson, to approve the Final Devel.op- ment Plan and direct the attorney to prepare the appropriate ordinance. Motion carried unanimously. The petitioner demonstrated a shielded, recessed neon sign, with illumination visible from only straight ahead, which they propose for the hotel wall sign. -The .Board recessed at 9 P.M. and reconvened at 9:05 P.M. with all members present and in attendance. MATAS DEVGLOPiNI,NT Manager Franz reported that the Plan Commission FINAL PLAN - ,111IASE I had reviewed the Final. Development Plan for the PLAN COMM. RE11. /RECOMM. first phase of the Matas Corporation I -1 Planned Unit Development on Lake -Cook Road and find that it is in substantial conformance to the Preliminary Development Plan. The Plan Commission recommended approval of the Phase I Plan with the following stipulations: 1) The existing road from Kates Road into the property be connected to the four - lane "boulevard" which the petitioner will be putting in accessing Lake -Cook Road. This temporary connection to Kates Road is for.the use of regular traffic genera- ted by the development as well as emergency vehicle traffic, 2) All construction traffic utilize Kates Road exclusively for access to the site. (Vote: 4 -0) Trustee Seidman asked how the proposed railroad underpass would affect development. 0 I plans. Manager Franz replied that plans are proceeding and construction could. begin as early as 1.986 but more likely in 1.988. Mr. James Bates of Barton- Aschman stated that he had been in touch with the Cook County engineering people on the underpass since its inception and is awaiting details on how much room they are going to need to get retaining walls built. He added that'hecause the developer is applying for Phase I only, the detention pond can be held back from the right - of -way enough that any resonable construction can occur. Close, constant check- ing with the County engineers is going on so that neither impedes the other's work. lie said they are working with full knowledge of the Village as well. He stated that the County engineers understand that they must give the develop- ment access to Lake -Cook Road through access sloping 3' downward to Lake -Cook. They prefer a frontage road from east of the property tied in to a traffic signal. Mr. Bates went on to say that the retaining walls for the underpass will occupy al the present right -of -way. Therefore, additional easements for utilities will be necessary. While he is presently in contact with all the utility companies about easement relocations, the exact sites can only be determined after engineering cross sections on the underpass are received. Trustee Marovitz moved, seconded by Trustee Marty, to accept the Plan Commission's recommendation to approve the Final Development Plan, Phase I, for the Matas Devel- opment, subject to the stipulations set forth, and to prepare a Special Use ordi- nance for an I -1 PUD with provisions for easements along the north side of Lake Cook'Road as may be required. Motion carried unanimously. The petitioner requested permission to start foundation work, at his own risk, prior to passage of the ordinance. Village Engineer Soyka stated he thought engineering plans were far enough along to approve the request. Trustee York moved, seconded by Trustee Seidman, to permit the petitioner to begin, at his own risk, foundation work prior to passage of the ordinance. Motion carried unanimously. BATAS DEVELOPMENT Manager Franz reported that the Plan Commission SPECIAL USE /ACCESSORY USES had held a public hearing on October 25, 1984 at the request of the Matas Corp.. to amend the text of the Zoning Ordinance to - expand the accessory use provisions of the I -1 District, and if approved to grant a Special Use to allow those accessory uses in the Matas 1: -1. PUD. The Bearing was adjourned to December 13, 1.984. so that the text amendments could he considered along with other. I -1. District text amend- ments which have been under consideration for the last.few, months. Mrs. Barbara Ruffino, Planner, explained that since the Plan Commission's recom- mendation will not be finalized until December, the Plan Commission recommended that the petitioner's request for a Special Use to include the following uses as accessory uses in the Matas I -1 PUD be granted with the proviso that the specific retail uses included will be determined shortly: 1) Barbershop /Beauty Salon, 2) Travel Agency, 3) Drugstore /Pharmacy /Sundries, 4) Florist, 5) Photo- copy or Print Shop. She explained that the recommendation was intended to afford some guidance to the petitioner for leasing purposes. Trustee Marty moved, seconded by Trustee Marovitz, to table the matter of Special and accessory uses for the Matas development. Motion carried unanimously. The Board indicated, however, that they had no objection to the five uses re- quested by the petitioner if the text amendment is adopted in December. Trustee Seidman requested clarification on the matter of square footage devoted to re- tail uses in the Matas development. INDUSTRAPLEX - SPECIAL USE The Plan Commission held a public hearing on FOOD PROCESSING (CREAM Or BEAN) October 11, 1984 to consider the petition of PLAN COMM. REP. /RECOMMENDATION Charles Buccola for a food processing facility (Cream of Bean) in the Industraplex Develop- ment, 444 Lake Cook Road. The Plan Commission recommended'denial (4 -0) of the request based on the report from the Village Engineer regarding the high strength of the effluent which the use would generate, and its adverse impact on the sewage treatment plant. Trustee Swanson moved, seconded by Trustee Seidman, to accept the Plan Commission's recommendation and deny the request. Motion carried unanimously. INDUSTRAPLEX SPECIAL USE The Plan Commission held a public,hearing Octo- RETAIL /SERVICE ACCESSORY USES ber 25, 1984 to consider the request of Charles PLAN COrli•IISSION REP. /RECOMM. Buccola for a Special. Use to allow a maximum of 5% of the floor area of each individual use in the Industraplex - facility to be used for service accessory to the pr:i.ncipal c,cse or to 11.1Ow 5% to he used for retail use accessory to the principal use. The Plan Commission recommended (4 -0) that the petitioner's Special Use /PUD be amended so as to include a Special. Use permitting 5% of the gross floor area of a permitted principal use (owing a maxi- mum of 2,000 sq. ft. of gross. leasable area to be used for retail sales or a like amount to be used for service uses accessory to the permitted principal uses. Any use having a.gross leasable area of 2,000 sq. ft. or greater, must return for specific consideration as a separate Special Use. Trustee Swanson saw no reason for retail sales space in small. units. He felt every unit could become a retail warehouse with a "Halsted Street facade." Mrs. Ruffino stated that the problem had been recognized and that the zoning depart - ment'would have a policing problem, but that it could be managed. She stated that Mr. Buccola would have to submit a letter outlining the activities for each unit. However, Trustee Swanson stated he was "strongly against this type of retail in this development." He added that he had seen literally hundreds of such operations... some excellent, some terrible. Trustee Jackson wondered whether each individual unit should be considered separately rather than simply allowed a percentage of floor area for retail use ... he would not want to restrict desirable businesses. Trustee Seidman moved, seconded by Trustee York,to table the matter until the petitioner could be present. Motion carried unanimously. GALVANI - 768 OSTERMAN The Plan Commission held a public hearing on SPECIAL USE /RESTAURANT October 25, 1984 to consider the request of Mr. PLAN COMMISSION & VCDC Ted Galvani for an amendment to his previously REPORTS & RECOMMENDATIONS granted C -1 /PUD so as to,include a Special Use . for a take -out restaurant. The Village Center Development Commission considered the same request at a meeting on November 7', 1984. The Plan Commission recommended (4- 0),and the VCDC (6- 0),that the request to amend the Galvani C -l. /PUD to include a Special Use /take -out restaurant be approved. Trustee Seidman moved, seconded by Trustee York, to accept the Plan Commission's and the VCDC's recommendation and to instruct the attorney to prepare the neces- sary ordinance. Motion carried.unanimously. MORITZ - 1640 IIER'.[EL LANE The Plan Commission held a .public hearing on TEXT A E.NDH EN'C & RESUB. October 25, 1.984 to consider the .request of PLANN COMM. P,EP. /RECOMM. Messrs. Moritz to amend the text of the zon- -inf, or.di.nance govern iii}; the maximum variation that the BZA can recommend from 20% to 30% and to resubdivide their property at 1640 Hertel Lane. The Plan Commission recommended (4 -0) that the petitioners' request for a text amendment to increase the.amount of.variations which the BZA may consider from 20% to 30% be denied and that the resubdivision be denied. Trustee Swanson moved, seconded by Trustee Seidman, to accept the Plan Commission's recommendation to deny both requests. Trustee Marovitz inquired how the limits on variations the BZA can consider was established. Mayor Forrest stated that they were set by the Village Board many years ago and considered appropriate. Trustee Marovitz pointed out that without a determination on the text amendment, resubdivision could not be considered. Mrs. Barbara Ruffino stated that the Plan Commission had commented on the resubdivision request simply to convey to the Board their opposition. Mr. James Dowd, attorney for the petitioner, stated that a real. estate expert had advised them that the request was appropriate since there were lots smaller than R -1. in the immediate area. Trustee Marovitz suggested that the motion be amended to accept the Plan Commis- sion's recommendation and deny the request for a text amendment to increase the amount of variation which the BZA may consider from 20% to 30 %. Trustees Swan- son and Trustee Seidman. agreed to amend their motion. Motion carried unanimously. APPOINTMENTS MANPOWER COMM. RECOMMENDATIONS PLAN COMMISSION Lavlrence Hearn, Joseph Koss and Charles Slavis all reappointed until November of 1987. David Marks reappointed as Chairman until November of 1985 BOARD OF ZONING APPEALS Naomi Clampitt rc ­- hinted until November of 1989. Ms. Laura Keller s:_,ointed until November of 1989. No Chairman designated yet. BOARD OF POLICE COMMISSIONERS Arthur Rollin reappointed until November of 1987. POLICE PENSION BOARD John Cooper reappointed and designated as Chairman until November of 1986. MANPOWER COMMISSION William'Brown reappointed and designated as Chairman until November of 1987. Mrs. Jean Reuther reappointed until November of-1987. Mr. Thomas Needham appointed'to fill unexpired term until November of 1985.. YOUTH COUNCIL Dona Henderson and Alvin Silvian reappointed until November of 1987. Ms. Ellyn Shepard appointed until November of 1987. Richard Wallace appointed to fill unexpired term until November of 1986. Mrs. Lynne Samuels appointed until November of 1987. No Chairman designated yet. HUMAN RELATIONS COMMISSION Catherine Fiorillo reappointed and designated as Chairwoman until November of 1987: Marlene Goldberger reappointed until November,of 1987. Mrs. Shirley Horton appointed to fill unexpired term until November of 1985. David Koheld appointed to fill unexpired term until November of 1986. SAFETY COUNCIL ' Jeffrey Picklin and Nancy Friedman reappointed until November of 1987. ENERGY ADVISORY COUNCIL Steven Freedman and Joseph Furco reappointed until November of 1987. VILLAGE CENTER, DEVELOPMENT COMMISSION Dr. Ronald May reappointed until November of 1987. Mrs. Joanne Leslie appointed until November of 1987. Edwin Josephson appointed until November of 1987. CABLE ADVISORY BOARD David Say.ner reappointed and designated as Chairman until November of 1987. Michael Stickney appointed until November of 1987. Trustee Swanson moved, seconded by Trustee Marty, to approve the 'Mayor's reconwiend- ations. Notion carried unanimously. HANDICAPPED PARKING SIGNS Manager Franz stated that the major concern at HUN. CODE NO. 0 -34 -48 the last meeting was the height of handicapped parking signs on private property. The ordi- nance provides for use of the standard sign but would give some flexibility to the Police and Public Works Departments in working with a developer to locate the handicapped signs on private property in areas that would not require cer- tain heights to protect pedestrians. The standard 7 -foot height would be re- quired in public areas. Considerable discussion ensued regarding how much flexibility can be. allowed on private property and still have Village enforcement backed by the courts; how to avoid sign pollution; and how to encourage aesthetically pleasing treatment. Trustee Marty moved, seconded by Trustee Seidman, to waive the rules to permit passage of the, ordinance on first reading. Motion carried unanimously. Trustee Marty moved, seconded by Trustee Seidman, to pass the ordinance amending Section 22 -67A of the Municipal Code for handicapped parking. Motion carried as follows: AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6) SI:GNAGE PLAN - FLODSTROM EASTERN I -1 /PUD BRICKYARDS State standard sign shows: legend ground, and a background of white. do not conform to State standards would comply. 1.438 WAUKEGAN ROAD ( KONSLER) kEIZONI:NG TO R -5 Oi:DINANCE NO. 0 -84 -49 and SIDE & REAR YARD VARIATIONS ORDINAI4CE NO. 0 -84 -50 NAYS: None (0) First reading of the ordinance. Mr. Len Flod- strom stated he wanted brown and white handi- capped parking signs. He was advised that the and border green, white symbol on blue back - Mr. StuCko advised the Board that signs which are not enforceable. Mr. Flodstrom stated lie Village Attorney Stucko explained that the ordinances for rezoning and variations were tabled at the previous Board meeting to permit changes in the language to conform to the BZA recommendations. Mayor Forrest stated he was firmly opposed to approval of the development. He could conceive of no way to enforce compliance by individual condominium owners with all the Fire Department's access require- ments as cited in the ordinance on variations. Ile reiterated his objc:ct..ions to the density of use which he, felt had caused the fire access problems. Ile stated that the problems were insurmountable despite ordinance covenants, particularly regarding snow removal. "flow do you get residents to shovel. the,fire lane and patios to keep them clear of snow ?" he asked. Trustee Marovitz moved, seconded by Trustee Swanson, to call back from the table both rezoning and variation considerations. Motion carried unanimously. Trustee Seidman moved seconded by Trustee Swanson, to pass the ordinance rezoning the property at 1.438 Waukegan Road to R -5. Motion carried as follows: AYEIS: Jackson, Marovitz, Marty, Seidman, Swanson, York (6) NAYS: None (0) Trustee Seidman moved, seconded by Trustee Swanson, to pass the ordinance granting side and rear yard variations for the property at 1438 Waukegan Road subject to compliance with the Fire Department's emergency access requirements. Motion carried on the following vote: AYES: ..Jackson, Marovitz, Seidman, Swanson (4) NAYS: Marty, York (2) Mayor Forrest stated that he would veto the ordinance at the next Board meeting. DISCUSS LOAN AGREEMENT Mrs. Judith Brill, PrusicJL-nt, Of ll.i.glil.;:111d Park; UNION DRAINAGE DISTRICT Mr. Ruszczak of Glenbrook Countyside; and Mr. (MIDDLE_ FORK) Robert Schlossberg of Deer.f.ield; Caumissioners for the Union Drainage District (Middle Fork) were present with Mr. Berle Schwartz, attorney for the District. Mr. Ted Ander- son, Engineer, was also present. The cost estimate for ditch cleaning presented by James Anderson Co. on April. 27, 1984 was discussed. Trustee Swanson asked about the $9,000 item which was listed at that time as payment to the U.S. Army Corps of Engineers. Mr. Anderson stated that though the Corps will. not be doing any of the work as originally planned, the $9,000 will be needed to pay some other contractor. He pointed out that the $9,000 represented 25% of the Corps' cost estimate of the work they would do ($36,000). He stated that careful checking indicated that a private contractor could do for $9,000 what the Corps had estimate to cost $36,000. Mr. Anderson stated that the estimates for all the other items remained the same as submitted in April, making a total of $83,700. Mr. Schwartz stated that Highland Park had already supplied $20,000 and if. a loan of $60,000 is approved by Deerfield, there will be sufficient funds for the work. He added that the district is in process of assessment procedures and had requested a 3 -year payback arrangement. He exhibited a topographical map show- ing proposed expansion of the district along watershed lines. The present dis- trict is narrow, including land on just each side of the stream. Trustee Swan- son asked'if the loan could be paid back in three years from funds from the pre- sent district. Mr. Schwartz replied, "Assuming we could legally do so, we could make a levy within the original boundaries, though the burden on each property owner would be significantly greater." Ile added that there had been some sugges- tion that it would.be improper 'to levy only on the persons within the original district since they would be, bearing the sole costs for benefits accruing to non - assessed property. This might.constitute a legal objection. Asked about the cost per property, Mr. Schwartz stated that he thought it would be modest. ®r V, Following further discussion with the Board, Trustee Marty moved, seconded by Trustee Jackson, to authorize the Mayor to sign the Loan Agreement for $60,000 to the Union Drainage District (Middle Fork). Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Swanson, Seidman, (5) NAYS: York (1) Trustee Marovitz noted that a recent check had indicated that ou,t.of about 400 parked cars at the train station only about 138 were Deerfield residents. He fel.t preference should be given to Deerfield residents for permit parking out- side of the restricted area. Trustee Seidman concurred. Mayor Forrest stated that a new study by the Police Department will be ready by the end of the year and the matter will be studied in January. Trustee Marty noting that major changes have occured in nearby developments. Trustee Marty moved,' seconded by Trustee Seidman, to request the Plan Commission to consider an amendment to the Comprehensive Plan to include the area generally bounded by Wilmot Road, Lake Cook Road, Gordon Terrace, and Willow as a Possible Development Area in the Comprehensive Plan and to furnish a recommendation to thu Board of Trustees establishing criteria for land use, development design, and street and utility installations for this area. Motion carried, Trustee York voting Nay. In behalf of the residents of the Village, Mayor Forrest thanked Trustee.Swan- son and Trustee Marty for the time and effort devoted for the past several. years to complete the Bicentennial Carden. Nnyor Forrest stated that 42% of the DUI cases since August are directly related to the Snuggery in Cook County. He will discuss with George Ihjnne, Chairman of the Cook County Board, the possibility of restricting the hours the Snuggery c:in stay open. Trustee Marty moved, seconded by Trustee Swanson, to permit the Booster. Cltib to hang a banner at the viaduct reading "Go, Deerfield Warriors ". Motion carried unanimously. There being no further business to come before the Board, Mayor Forrest declared the meeting adjourned at 11:00 P.M. "I "PEST Village Cle k P OVED: Mayor