11/15/1993November 15, 1993
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 Monday, November 15, 1993 at 8:00 PM. The Clerk
called the roll and announced that the following were
Present: Bernard Forrest, Mayor
Marvin Ehlers
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Michael Swartz
Absent: John H. Heuberger
and that a quorum was present and in attendance. Also present
was Village Manager Robert Franz and Attorney James Stucko.
Mayor Forrest read a statement (attached) in which he noted that
several people requested time to discuss a zoning matter that
affects their property. After reports on the agenda.are
completed, they will have an opportunity to discuss this matter.
Trustee Seidman moved, seconded by Trustee Swartz, that the
minutes of the previous meeting be approved. Motion carried
unanimously.
BILLS AND PAYROLL Trustee Seidman moved, seconded by
Trustee Swartz, that the Bills and
Payroll be approved. Motion carried by the following vote:
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None ( 0 )
TREASURER'S REPORT Finance Director George Valentine
reported sales tax receipts are 4% over
the previous twelve month period. Except for water sales, major
revenue items are at or close to projection. Expenditures are
within or are close to budget with the exception of the water
department due to a decline in water sales. As of October 31,
1993, 102% of cash was invested at an average interest rate of
4.41 %.
FINANCE DEPARTMENT Finance Director George Valentine
OBJECTIVES discussed the status report of the
Finance Department. Their objective is to invest 97% of all
Village funds to exceed the 90 -day Treasury rate, This has been
accomplished the past six months. The Village received its ninth
consecutive Certificate of Achievement for Excellence in
Financial Reporting, Vehicle sticker applications for 1993 -94
have increased by 361 from 1992 -93. The Village's AA+ bond
rating was confirmed by Moody's.
STUDENT GOVERNMENT Mayor Forrest congratulated each of the
DAY OFFICIALS students from Caruso Junior High, Holy
Cross and Shepard Junior High Schools
who were elected officials for Student Government Day.
REAPPOINTMENTS TO Mayor Forrest announced the following
BOARDS & COMMISSIONS reappointments: Appearance Review
Commission - 3 year term, Martin Becker;
Board of Building Appeals - 5 year term, Richard Osman; Board of
Police Commisisoners - 3 year term, Arthur Rollin; Cable Advisory
Board - 3 year terms, Jesse Rotman, David Anderson, Martin
Friedman; Electrical Commission - 4 year terms, James Brown, Ted
Galvani, Richard Osman, James Quinn, Richard Seaman; Energy
Advisory & Resource Recovery Commission - 3 year terms, Steven
Freedman, Glenn Swartz; Human Relations Commission - 3 year term,
Stephen Salinger; Manpower Commission - 3 year terms, Richard
Lyon, Jean Reuther; Plan Commission - 3 year terms, Robert
Benton, Joseph Pugliese, Edna Schade; Police Pension Board - 2
year term, Howard Levine; Safety Council - 3 year terms, Albert
Easton, Robert Harvey; VCDC - 3 year terms, Ronald May, Edwin
Josephson, Joanne Leslie; Youth Council - 3 year terms, Patricia
Bornor, Kenneth Shields. Newly appointed to the Cable Advisory
Board - Paul Diambri.
Trustee Seidman moved, seconded by Trustee Swartz, that the
reappointments and appointment be approved. Motion carried
unanimously.
SUBSTANTIAL CONFORMANCE Petitioner requested a finding of
SIGN MODIFICATION - substantial conformance for a recently
PARKWAY NORTH approved sign for the Health Club and
Day Care Center at the Thorngate
clubhouse. The wrong copy was submitted by the sign company.
Petitioner is submitting the revised sign for a finding of
substantial conformance. The Plan Commission recommended that
petitioner's plans to change the previously approved
identification sign are in substantial conformance to the
previously approved final development plan and should be
approved.
Mr. Adamczyk of LaSalle Partners, displayed the revised sign
for the Board's perusal.
Trustee Seidman moved, seconded by Trustee Ehlers, that the
recommendation of the Plan Commission re finding of substantial
conformance for sign modification - Parkway North Center be
approved. Motion carried unanimously.
OPTIMA, INC. Optima Inc.'s request 1) to rezone
500 WAUKEGAN ROAD - property from I -1 Office, Research,
300 KATES ROAD Restricted Industrial District and I -2B
Outlying Limited Industrial District to
the R -5 General Residence District, 2) Special Use for a
Residential Planned Unit Development, 3) certain variations from
the requirements of the Zoning Ordinance - 500 S. Waukegan Road
and 300 Kates Road - former Sara Lee property (Sara Lee
Foundation and Optima Inc.) was denied by the Plan Commission.
Mayor Forrest read a statement (attached) that noted petitioner
failed to address major issues of density, traffic impact and
integrating the project with VCDC objectives. Optima requested
their petition be referred back to the Plan Commission for
further study. Mayor Forrest did not recommend this course of
action. He suggested petitioner re- petition the Village and
present a thorough comprehensive proposal at a new Public
Hearing.
Mr. David Hovey of Optima, Inc. appeared before the Board and
agreed to withdraw their petition and resubmit a revised proposal
at a Public Hearing scheduled for January 27, 1994.
SPECIAL USE - ATM Deerfield Federal Savings requested an
DEERFIELD FEDERAL amendment to previously granted Special
SAVINGS Use to permit installation of a drive -up
ATM, and a necessary amendment to
Article 9, Signs, to permit signage for the ATM. The Plan
Commission approved petitioner's requests. The VCDC approved the
request for a drive -up ATM contingent upon a different facade
which is more architecturally compatible with the surrounding
buildings and streetscape.
Jim Murphy, representing Deerfield Federal, exhibited a rendering
of the proposed ATM facade which will be brick and compatible
with the surrounding buildings.
Trustee Seidman moved, seconded by Trustee Swartz, that the Plan
Commission and VCDC recommendations be approved and the Attorney
directed to prepare the necessary Ordinances. Motion carried
unanimously.
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VILLAGE CENTER ECONOMIC Village Center Development Commission
DEVELOPMENT PLAN has been working with Village staff to
formulate an economic development plan
for the Village Center. The VCDC believed the goals, objectives
and workplan are attainable and will help to revitalize the
Village Center.
Trustee Rosenthal moved, seconded by Trustee Swartz, that the
Economic Development Plan for the Village Center be approved.
Motion carried unanimously.
FRONTYARD SETBACK Mr. & Mrs. Loren Voltrop, 133 Birchwood
VARIATION Avenue, requested a variation to permit
133 BIRCHWOOD the redevelopment of Lot 1 in the Sweeney -
Klopeher Resubdivision with a front yard
setback of 35 feet in lieu of the established front yard setback
of 63 feet for this block. The BZA recommended granting the
front yard setback variation.
Trustee Seidman moved, seconded by Trustee Swartz, that the
recommendation of the BZA be approved and the Attorney directed
to prepare the necessary Ordinance. Motion carried unanimously.
DISCUSSION Attorney James Stucko discussed the
scope of the problem regarding non-
conforming lots. He noted that when changes are made to the
regulations of the Zoning Ordinance, properties may no longer be
in conformity with new provisions. The Zoning Ordinance was
amended in 1979. Provisions which concern people present today
became apparent at a hearing early in 1993. At that time, the
Board directed the staff to analyze the situation and determine
the number of affected properties. The Plan Commission was then
instructed to consider how to resolve the problem of nonconformi-
ties in specific areas of the Village. The only way the Board
can consider which is the best course of action is after a public
hearing is held. State statutes mandate how the hearing process
operates. The Board cannot act without a recommendation from the
Plan Commission following a public hearing. A public hearing on
this issue is scheduled for January 13.
Property owners who spoke at the Board meeting were Derek Ragona,
Barbara Abrahamson, Dr. Kent Payne and Thomas Conway, a former
Deerfield resident.
Meeting was recessed at 8 :50 PM and resumed at 8:55 PM.
Other residents who voiced their concerns in this matter were
Virginia Phillips, Howard Parks, Susan Baxter Blum, Michael and
Michelle Vold, Elizabeth Ellis, Mary Sayre, Susan Ragona, Lance
Jensen, Ed Johnson and Leonard Solof. Residents related they
were unaware the code prevented them from rebuilding on their
property if their houses were destroyed. They requested an early
meeting of the Plan Commission to act on resolving this matter.
The residents were advised this could not be done due to State
regulations.
Consent Agenda
0 -93 -59 ORDINANCE Ordinance re Yield Signs - Burr Oak at
YIELD SIGNS - BURR Rosewood Avenue.
OAK AT ROSEWOOD
0 -93 -60 ORDINANCE Ordinance re Yield Signs - Kenmore
YIELD SIGNS - KENMORE Avenue at Gordon Terrace.
AVENUE AT GORDON TERRACE
Trustee Rosenthal moved, seconded by Trustee Seidman, that the
Consent Agenda be approved and the Ordinances adopted. Motion
carried by the following vote:
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None ( 0 )
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ENGINEERING SERVICES Three written proposals were obtained
CARLISLE /DEERFIELD from traffic consultants to design the
TRAFFIC SIGNAL traffic signal and roadway geometrics at
the Deerfield /Carlisle /Heather
intersection. James Soyka, Director of Public Works and
Engineering, recommended accepting the lowest bid, Paul Box and
Associates proposal in the amount of $9,600.00..
Trustee Swanson inquired what assumptions Paul Box based their
proposal on since there was such a price disparity in the
proposals from the other two consultants. It was agreed that
further information from Paul Box and Associates was needed and a
look at the overall picture of signalization be taken before a
contract is awarded.
Elaine Howe, Grace Tynan, Dave Parker and Alex Howe, who live at
the Carlisle \Deerfield intersection spoke in opposition to the
proposed traffic signalization.
AWARD OF CONTRACT
SLUDGE REMOVAL
this work.
Works and
to Bio -Gro
unit price
It is the
Engineering
(the only
of $13.00
2000 cubic yards of dried sludge must be
hauled from the Wastewater Treatment
Facility. $30,000 has been budgeted for
recommendation of the Director of Public
that the sludge hauling contract be awarded
area company in the sludge business) at the
per cubic yard.
Trustee Seidman moved, seconded by Trustee Swartz, that a
contract be awarded to Bio -Gro to remove 2000 cubic yards of
dried sludge at a cost not to exceed $13.00 per cubic yard.
Motion carried by the following vote:
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
REPLACEMENT OF FIVE As part of regular scheduled
UNDERGROUND PLUG VALVES maintenance, five inoperative
WASTEWATER TREATMENT PLANT underground plug valves at the
Wastewater Treatment Plant must be
replaced. It is the recommendation of the Director of Public
Works and Engineering that the proposal from Hayes Plumbing be
accepted in the amount of $14,400.00.
Trustee Rosenthal moved, seconded by Trustee Swartz, that the
proposal from Hayes Plumbing to replace five inoperative
underground plug valves at the Wastewater Treatment Plant at a
cost not to exceed $14,400.00 be accepted. Motion carried by the
following vote:
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
PORTABLE RADIOS FOR The Police Department wishes to replace
POLICE DEPARTMENT portable radios purchased in 1981 and
seeks authorization to purchase twenty
HT 1000 and eight VISAR radios from Communications Direct, the
low bidder, in the amount of $19,806.00.
Trustee Seidman moved, seconded by Trustee Swartz, that
authorization be given to the Police Department to purchase
twenty HT 1000 and eight VISAR portable radios from
Communications Direct at a cost not to exceed $19,806.00. Motion
carried by the following vote:
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None ( 0 )
COMPREHENSIVE ANNUAL Trustee Rosenthal moved, seconded by
FINANCIAL REPORT Trustee Ehlers, that the Comprehensive
Annual Financial Report for Year Ended
April 30, 1993 be accepted. Motion carried unanimously.
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1
ADJOURNMENT There being no further business, upon
motion of Trustee Rosenthal, seconded by
Trustee Swartz, the meeting adjourned.at 10:00 PM.
C/Village Clerk
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Mayor Forrest's Statement
OPTIMA Proposal for Sara Lee
November 15, 1993 Village Board Meeting
Before us . this evening is the proposal from OPTIMA, Inc. for redeveloping the
Sara Lee property. Over ten months ago, they expressed to the Village their interest in
this project. At that time, they were advised that Deerfield would be very demanding in its
review and evaluation of plans for this 52 acre parcel due to its size, importance and
location in the heart of our community. Issues such as density, traffic impact and
integrating the project with Village Center redevelopment objectives were stressed in these
initial discussions.
These matters were reemphasized to OPTIMA in meetings with staff and in two
pre - filing meetings with the plan commission. The petition was then the subject of a public
hearing on October 14th following which the plan commission recommended it be denied.
Having reviewed all the material and the plan commission findings, I agree that the
petitioner failed to address major issues and concerns raised at earlier meetings. There
seems to have been total reliance on the general language in the Comprehensive Plan
referring to multi - family zoning without attention given to the very specific language calling
for "high quality, innovative development which expands the range of housing options within
Deerfield."
Since the public hearing, OPTIMA has made changes to their proposal in hopes
of convincing the Board to overturn the plan commission recommendation. While I am
pleased to see the petitioner finally dealing with such issues as density, a fire station site
and the relationship of their development with the area south of the Commons, this type of
reactionary, piecemeal planning is in no one's best interest.
That position having been conveyed to OPTIMA, last Friday they requested that
the petition be referred back to the plan commission for further consideration. I
recommend against that course of action. In my opinion, the petition should be withdrawn
by OPTIMA. If they are serious about developing in Deerfield, they should re- petition the
Village and resolve to present a thorough and comprehensive proposal at a. new public
hearing. To do anything less will be wasting both their time and ours.
I also strongly recommend that OPTIMA obtain the best planning professionals
available in preparing and presenting their revised proposal. Redeveloping the Sara Lee
parcel is too important to our community to settle for anything short of expert advice. We
may not always agree with all expert testimony, but final approval of any plan should not
occur until and unless every aspect has been thoroughly studied and discussed.
Prior to calling on the petitioner, are there any comments from Board members?
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Mayor Forrest's Statement
Lots of Record
November 15, 1993 Village Board Meeting
There are several people who have requested time this evening to address the
Board on a zoning matter affecting their properties. I wish to assure them that they will
be given that opportunity after we complete the report section of tonight's agenda.
However, at this point I would like to make a few remarks on the subject.
The issue involves amendments to the zoning ordinance made in the late 70's
which we discovered this past year impact a number of homeowners in their ability to
rebuild should their house be destroyed, for example, by fire. As with most zoning issues,
this is a very technical matter involving legal interpretations and procedures. The attorney
will deal with those when we take up the matter later in the evening.
My concern and the reasons for making these comments up front is the over-
reaction to this issue. Anyone who is familiar with this Village Board and the way it
operates must know that we would not deprive residents of their life -long investment based
on a zoning technicality.
Is there a problem? Yes, and that is why a public hearing has been scheduled
before the plan commission on January 13th to discuss amendments to the zoning
ordinance dealing with this issue. Please understand, however, that the Village Board
cannot act on the matter until that public hearing process is completed.
With that having been said, we will proceed with the Village Board agenda.