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03/21/1994March 21, 1994 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, March 21, 1994, at 8:00 P.M. The clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. Trustee Seidman made a motion to approve the minutes of the previous meeting. Trustee Swartz seconded the motion. Motion passed unanimously. A number of residents attended the Board meeting to urge the Board to reconsider and rescind Resolution R- 94 -02, which supports the efforts of the West Skokie Drainage District to clean 11.9 miles of the Middle Fork of the North Branch of the Chicago River within its jurisdiction. Several of the group's representatives presented their case against the proposed cleaning. Mayor Forrest commented on the flooding problems Deerfield has had in the past, and the measures that have been taken to solve them. He feels cleaning the creek is another necessary step in protecting the Village from flooding. Mayor Forrest added that it is not responsibility of the Board to determine the scope of the proposed cleaning, and urged residents to go to the drainage district and the Corps of Engineers if they feel the scope of the work needs to be reduced. After additional discussion between residents and Board members, Trustee Rosenthal suggested that staff draft a clarifying letter to go with the resolution. Trustee Swanson commented that he has gotten feedback that there is not a consensus among the homeowners regarding the amount of work that is acceptable, whereupon Mayor Forrest suggested that the homeowners work with staff to draft the letter. The Board took a five minute recess. BILLS AND PAYROLL Trustee Seidman moved, seconded by Trustee Ehlers that the Bills and Payroll be approved. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) TREASURER'S REPORT Finance Director George Valentine reported that sales tax receipts are up 31% for the month and 7% over the previous twelve month period. Major revenue items are at or are close to projection. Street Department expenditures, which had been under budget for most of the year, are now at projection due to the heavy snow and ice during January and February. As of February 28, 1994, 102.1% of cash was invested at an average interest rate of 4.58 %. DEPARTMENTAL OBJECTIVES Barbara Houpt, Director of Community COMMUNITY DEVELOPMENT Development, presented the Report on Departmental Objectives. The Planning Division has been quite busy with the lots of record amendments as well as several lawsuits. Mrs. Houpt has been contacting FEMA as a first step in obtaining a reduced flood insurance rate through the Community Rating System program, but to date she has not gotten any response. The Building Division is working to come up with a recommendation to present to the Board of Building Appeals to update the building codes, which go back to 1984. They will also be making a recommendation regarding fees. They 1 have issued 345 building permits in the past six months and have performed 708 inspections. Mayor Forrest said that our legislators will be contacted for help with getting a response from FEMA. Trustee Ehlers commented that building permit definitions need to be looked at and "clarified. It is difficult to figure out when a permit is required. Trustee Heuberger commented that with the construction season approaching, the review of the building code needs to be put on fast track. APPOINTMENT TO Mayor Forrest recommended that Michael ELECTRICAL COMMISSION Rouse be appointed to the Electrical Commission. Trustee Seidman moved to accept the recommendation. Trustee Swartz seconded the motion. Motion passed unanimously. Reports DEVELOPMENT OF FORMER Trustee Rosenthal made a motion to SARA LEE PROPERTY BY remove the discussion of the rezoning OPTIMA, INC. of the Sara Lee property from the table. Trustee Swartz seconded the motion. Motion passed unanimously. David Hovey, President of Optima, presented a revised site and landscape plan to the Board. The revised plan calls for 428 homes instead of 498. All of the four story units have been changed to three story units, which reduces the total number of units by 48. In addition, the number of single family attached buildings has been reduced, and they have been rearranged to create a more open appearance from Waukegan Road. Six single family homes have been eliminated. The plan for one large lake has been changed to a plan with several smaller lakes separated by grass strips. Three children's park areas have been added. The parking ratio in the multi family area has been increased with the addition of 31 parking spaces. Mayor Forrest commented that the drawing still shows the eastern street being 24' wide instead of 28' wide as specified by the Plan Commission. Mr. Hovey replied that it will be as the Board wishes. Mayor Forrest opened the meeting for comments from the audience. Some residents were in total support of the Optima plan. Other residents expressed concerns about density, traffic, building height, effect on schools, and the need for and placement of a new fire station. After all residents wishing to speak had done so, Mayor Forrest turned the meeting over to the Board of Trustees for questions. Trustee Rosenthal asked if the plan now calls for four fountains. Mr. Hovey replied that it does. Trustee Rosenthal said she likes the new configuration of units on Waukegan Road but is concerned about setbacks. The previous plan had only one building with a setback of 85'. The new plan has three buildings with that setback. She asked about the make up of the fire lanes. Mr. Hovey said they will be made of turf paver which looks like grass. Trustee Rosenthal is still concerned about density and the possible number of school children that the project will generate. Mr. Murphey commented that the most recent figures available were used to arrive at the estimated number of students. Trustee Rosenthal commented that the problem of construction traffic needs to be worked on. She asked about the inside construction of the units. Mr. Hovey said the units will have a lot of natural light and ventilation. Materials used will 'include ceramic tile floors and kitchens with European style cabinets and all possible appliances. Bathrooms will contain ce -ramic tile and marble. Master baths will have showers and whirlpool tubs. Carpeting will be of berber wool. These things N are standard, not upgrades. All units, regardless of size, will have the same high quality materials. Trustee Swartz inquired about the plowing of fire lanes. Mr. Hovey replied that they would check with the fire department to see what is needed. Normally, the size of the fire truck would make it possible to get through snow without plowing. Trustee Swartz asked if all the three story buildings will have elevators. When Mr. Hovey replied that they will, Trustee Swartz asked what effect the penthouse overrides on the roof will have on the buildings' overall height. Mr. Hovey replied that the penthouse override is about four feet above the roof line. That is not included in the stated overall height of the buildings at 28'; however, since the ordinance allows a height of 35', the buildings are within code. The penthouses will be located at the center of the buildings and should not be visible when walking through the site. Trustee Swartz inquired about the placement of air conditioner condensers. Mr. Hovey replied that some will be built into the units, and some will be on the roof. Trustee Swartz commented that Mr. Hovey's plan for getting trash out of the garages is not a good one. He suggested having a tractor haul the trash to a flat area before emptying it. Mr. Hovey thought that was a good recommendation. Trustee Swartz asked if there is a revised fiscal impact statement that shows potential revenue generating possibilities for the taxing districts, and one which shows expenses that will be generated by the development. Mr. Hovey replied that he had not been asked to provide that information. Trustee Swartz asked if bond consultant Ron Noreen has seen the financial materials the Village requested. Mayor Forrest replied that Mr. Noreen and George Valentine have reviewed the pro formas. The Mayor further stated that one condition which should be placed on the development, if it is approved, is that prior to final plat approval, the consultant must obtain proof of a loan commitment from a recognized institution sufficient to satisfy the Village requirement, so that there is no question that the project is financially feasible. Trustee Swartz asked Mr. Hovey to explain how the sub - associations will mesh into one overall condo association, so that the interests of all the groups are met. Mr. Hovey explained that there will be three sub - associations - -one for the 348 condominium owners, one for the 64 townhome owners, and one for the 16 single family home owners. Within each sub - association, each homeowner will have a percentage of ownership based on the purchase price of his home and will have a vote in accordance with that percentage of ownership. Each sub - association will have one vote within the master association. Trustee Swartz asked if that meant, therefore, that in matters concerning common areas, the owners of the 16 family homes would have equal say with the owners of the 348 condominiums. Mr. Hovey said that that was correct. Trustee Swartz asked if there is an updated view from Waukegan with the new configuration. Mr. Hovey replied that a revised elevation has not been done, but most of the trees that are along Waukegan Road can be saved because the townhomes are to the west of them. Other trees can be relocated. The density of the trees will help hide the townhomes. Trustee Swartz inquired about access to townhome garages. With all the right angle turns, he wondered if it is a workable plan. Mr. Hovey assured him that planning consultants have reviewed it. Regarding the impact on schools, Trustee Swartz commented on Mr. Murphey's letter of 3/2/94, which seems to contradict the numbers of the experts. Mr. Murphey replied that the point of using those numbers was to illustrate that, even without considering TIF monies, the property taxes generated by the development would be more than sufficient to cover the annual cost of educating students, even if significant fluctuations in the number of students were to occur. The statistics used in Optima's student projection are the figures that the Village told them to use, and are the same ones used by the Deerfield school districts. 3 Mayor Forrest said he is concerned about traffic and traffic counts. If the preliminary plat is approved, he.wants an agreement that Optima will fund the cost of the intersection improvements at Kates and Waukegan,,and the ones recommended by Barton Aschman and Paul Box. He would also like Optima to assure Corporate 500 that their private road will not be impacted by the new development. Mr. Hovey commented that he has previously agreed to absorb the cost of the street improvements. Mayor Forrest also wants any agreement= between Optima and the Village to include the stipulation that unsold condominium units will not be turned into rental units. Mr. Hovey agreed. Trustee Swanson said he is concerned with cut through traffic, not just with Corporate 500, but also with Poet's Corner. He would like to see an educational process take place at the development, so that from the beginning new residents will know that cut through traffic is unacceptable. Trustee Seidman commented that he has no faith in the traffic study projections. He feels that Barton Aschman's statement that Waukegan Road still has a large amount of reserve capacity is absurd. Mr. Hovey commented that all three traffic consultants have concurred. Waukegan Road is congested at times, but the Optima development will not significantly aggravate the problem. Signalization and turning bays will improve the situation. No other improvements are needed. Trustee Heuberger commented that the traffic impact is real and brings the discussion back to the issue of density. Controlling density may be the only way to control traffic. Trustee Heuberger noted that the ratio of townhomes, condominiums and single family homes has changed and is getting away from the balanced mix of the previous plan. Mr. Hovey replied that the change was made in response to the Board's desire to open up Waukegan Road. Trustee Heuberger inquired if consideration was given to moving some of the single family attached homes to the western end of the development. Mr. Hovey replied that the present configuration is a result of many meetings with the Plan Commission. The development is grouped in such a way that each of the three housing types has its own identity and functions uniquely to itself, yet the three types are unified by the visual element of lakes and fountains. To start mixing building types would not be desirable. Going back to the subject of the association, Trustee Heuberger wondered how well it would work having decisions for the common areas controlled by the eighty single family units. Mr. Hovey said he is open to suggestions. This matter can be worked out by Village staff and consultants. Trustee Heuberger asked how the lakes without fountains will be aerated. Mr. Hovey replied that all the lakes will have fountains. Some will be lower and less visible and have not been shown on the drawings. The association will be responsible for mosquito abatement. Returning to the issue of the ratio of townhomes, condominiums and single family homes, Trustee Swanson commented that the issue is not only physical balance but also social balance. He would have preferred to have more townhomes. Trustee Ehlers asked if there is less lake area than before. Mr. Hovey replied that there is slightly less lake area, but it should not affect water retention. Trustee Ehlers inquired how many employees the development will require. Mr. Hovey replied that there will be a management office in the clubhouse, but most maintenance services will be subcontracted. There are sufficient parking spots to handle employee vehicles, and vehicles such as tractors can be parked in the basement area of a building. Mayor Forrest commented that all of the Board of Trustee's concerns relate back to density. Mayor Forrest is willing to vote in favor of the development on the condition that Building K and the 4 unit northernmost townhome unit be deleted from the plan. With those changes made, and providing that the other 4 issues discussed are accepted as part of the preliminary plat approval, the plan is satisfactory. The Board took a ten minute recess to give Mr. Hovey a chance to consider the proposal. Mr. Franz read the Plan Commission recommendation of February 3. Mr. Hovey reminded the Board that each time he reduces the density of the development, he increases the burden on the potential home buyer. He proposed reducing the number of units to 410, and said that selecting a building to be removed must not be done arbitrarily, but must be based on multiple considerations. He would like to study the plan before making a determination of where the reductions could best be made. Mr. Murphey said that for a preliminary plat it is not necessary to state where the reductions would come from. Mayor Forrest said that this would not be acceptable to him, but that the Board members should make up their own minds. He asked if there is a motion to approve the Plan Commission's recommendations. At Trustee Swanson's request, Mayor Forrest summarized the conditions to which approval of the recommendation would be subject. These involve street improvements, financing, architecture, construction phase site access, and form of ownership. Mr. Hovey asked if Optima could not just agree to a density, with the Board letting him decide where the deletions would take place. He said he has no problem with any of the other conditions and agrees to them. Mayor Forrest replied that the northernmost townhome building is in the wrong place for the development. Mr. Hovey agreed to delete it. Trustee Swanson again brought up the issue of balance. He would like to see the percentage of multi - family homes decrease. Mr. Hovey suggested that deleting condominium unit K and replacing it with eight townhomes would have that effect and would reduce the total number of units to 400. Trustee Swartz said that could not vote to reduce density to a number without knowing what that would entail. He also feels there are some association issues that need to be resolved. He would also like to see an updated fiscal impact study, and a view from Waukegan Road. He said he could not vote favorably on the recommendation tonight. Mr. Hovey replied that he does not want to come back again. His proposal is to delete the northernmost townhome building and to replace Building K with eight townhomes (two buildings) for a total of 400 units. The other issues are technical and can be handled by attorneys and consultants, and they should not have to be resolved before the site plan is approved. Trustee Rosenthal asked about the setbacks on Waukegan Road. Mr. Hovey said he can change them, but he thought the variety in elevation would be more interesting. Trustee Rosenthal agreed that Mr. Hovey's plan might be more interesting. Trustee Heuberger asked for Mr. Hovey's preliminary thoughts on the condominium association issue. Mr. Hovey replied that he will do whatever is necessary to make it function properly. There are many possible solutions. He would be happy to make a submission, with the final decision to be made by the Village's corporate counsel. A motion was made by Trustee Seidman and seconded by Trustee Heuberger to accept the Plan Commission recommendation as to the rezoning of the Subject Property to the R -5 General Residence District and to authorize a Special Use for a Residential Planned Unit Development with the variances noted in said recommendation except that preliminary approval is given to the Site Plan dated March 24, 1994 submitted by Applicant and as modified further by (i) elimination of four townhome units at the northwest corner of 5 the revised Site Plan, and (ii) the elimination of the condominium building "K" and the substitution of townhome units at that location with the result that the permitted number of dwelling units on the Subject Property shall not exceed 400, and that approval is further subject to the following conditions: (1) Street Improvements. OPTIMA with intersection improvements at the entrance of their property on the Barton Aschman Traffic Study & Assoc. letter (March 18, 1994). OPTIMA will meet with the Village agrees to fund costs associated Kates and Waukegan Roads and at Kates Road as recommended in (January 1994) and the Paul Box Prior to final plat approval, and the owner of Corporate 500 to mitigate the impact of traffic from the development on Corporate Drive, a private street. 2. Financing. Prior to final plat approval, OPTIMA agrees to provide the Village's Financial Consultant proof of a construction loan commitment from a recognized lending source sufficient to satisfy the Village of the project's financial viability. 3. Architecture. OPTIMA agrees to submit as part of final plat approval architectural details for all proposed buildings on site. This would include, but not be limited to: type and color of building materials, style of roofs, and other architectural elements to assure compliance with representations made to the Plan Commission and Board of Trustees as part of its petition for rezoning and Special Use. 4. Construction Phase -Site Access. The Village retains the right to decide when access from the development to Central Ave. will be opened to vehicular traffic. Also, construction traffic to and from the site will be limited to locations approved by the Village on Waukegan and /or Kates Rd. 5. Form of Ownership. As a condition Use Permit and also as a condition to the Special Use Permit throughout the agrees to sell, rather than lease, all constructed on the Subject Property in OPTIMA's Preliminary Development Plan Articles 12.09 -C, 1, 1 and 12.09 -C, 1, Ordinance. of issuance of the Special the continued existence of development period, OPTIMA dwelling units to be a manner consistent with submissions pursuant to m of the Deerfield Zoning Motion carried, with Trustee Swartz casting the only opposing vote. Consent Agenda AMENDMENT TO SIGNAGE -- An ordinance authorizing an amendment MATAS CORPORATION to the signage plan of Matas Corporation, for an interior wall sign for Starlite Cafe, Corporate 500 Center. First reading. Old Business NEW LIQUOR LICENSE An ordinance establishing a new liquor CLASSIFICATION license classification for mail order beer at the request of Ale By Mail. First reading. Mr. Stucko explained that this is a change to the existing Class H ordinance. This will stand as a first reading until the applicant qualifies. New Business AUTHORIZATION TO RETAIN The Engineering Department recommends ENGINEERING CONSULTANT that Deerfield Road be rehabilitated between Waukegan Road and the east Village limits, and that Ciorba Group be retained to perform professional engineering services for the project. The project is in the proposed budget. Action must be taken now if the work is to be done this summer. N Trustee Seidman made a motion to retain Ciorba Group to perform professional engineering services for the Deerfield Road rehabilitation project for an amount not to exceed $59,000 plus the cost of material testing. Trustee Swartz seconded the motion. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Discussion RESOLUTION R -94 -03 Trustee Heuberger raised the issue of TMA OF LAKE COOK the proposed toll booth on the Edens spur and bypass of the Deerfield Road exit. After some discussion, Trustee Heuberger made a motion to pass a resolution supporting the Transportation Management Association of Lake Cook in their efforts to oppose tollway improvements that will result in the inability of Edens Spur traffic to exit at Deerfield Road. Trustee Swartz seconded the motion. Motion passed unanimously. Trustee Rosenthal brought up the appeal that the Village has received from District 113 asking the Village to support a resolution on zero tolerance for alcohol. She requested that Chief Anderson respond to their letter, explaining what our ordinance is, and that it is actually stronger than theirs. Trustee Rosenthal brought up the subject of the proposed Metra train station. Mr. Franz indicated that the Village is not yet ready to issue a permit. There are problems which must be resolved. Metra also has problems to resolve with the Cook County Highway Department. Former Deerfield resident Susan Conway attended the meeting to express her outrage at having her account turned over to a collection agency. The charges were for recording fees incurred during the subdivision process. She claimed to have paid her share. Mr. Franz will look into the matter and get back to Mrs. Conway. Trustee Swartz said the VCDC would like the issue of window signage throughout the Village to be examined. Trustee Swartz said it is past time to do it, perhaps starting with liquor stores. Trustee Rosenthal made a motion to have the Plan Commission look at the window signage ordinance. Trustee Swartz seconded the motion. Barbara Houpt said that the Plan Commission had previously made recommendations which were voted down by the Board of Trustees. Mayor Forrest recommended that the motion be withdrawn, and that the Board and the VCDC look at the Plan Commission report. The motion was withdrawn. ADJOURNMENT There being no further business, Trustee Ehlers made a motion to adjourn the meeting. Trustee Swartz seconded the motion. Motion passed unanimously. The meeting was adjourned at 10:50 P.M. APPROVED: Mayor ATTEST: Z446�t a 4ht4d Village Cler 7