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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. -2- 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 ) -3- 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. -4- 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 -5- ��. 1 — .:..rt.t,. V� .�: > t- ,p ! d/5 ♦ n r i 1`. ?.f v Nw'1: —elf" +I _.i. _�W t \n:.•.D:..w/ J ..r.- w:..•r�..» _..ua:r.....n :•... z..............., dit� .mi_......._.4a'..._�L1i�..r w.a..i �... <.,.,s. ....s.. _ti, w.w:....- ...._.. -.ck ar- ��,d, -w _ _� .. Yr.._...-+: t. i+ i;: w. �u:• i_'. a. .i..,...�.L- }.••...�.r.�r....:' _ �i .z_,..•....��.u..,.. 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? �. ..v. .. , .;t.: ..a,.�..... -r� � is - . +-... •a ti .. c �� ;. ...h.�...x...x,. ......� y •.b� �`c'� -�. • .. _ r��3?J.bk•a � "s. r lrcc w . u **';,` A:•eK.... .'�,•, r'..'- �.•�•• � ,,! j r i . F_� 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.