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
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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
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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.
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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
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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
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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.
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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
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