04/04/1994u
April 4, 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, April 4, 1994, at 8:00 P.M. The
clerk called the roll and announced that the following were:
Present: Bernard Forrest, Mayor
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Michael Swartz
Absent: Marvin W. Ehlers
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. Trustee
Heuberger suggested that the section on Resolution R -94 -03 should
read, "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." Motion to approve the minutes
as amended passed unanimously..
Reports
PLAN COMMISSION REPORT AND The Plan Commission recommends that
RECOMMENDATION - KIPLING School District 109's request for an
SCHOOL EXPANSION amendment to a previously approved
Special Use to permit an addition to
Kipling School be approved, subject to the Village Engineering
Department's approval of the storm water detention plans and
calculations, and also subject to the relocation of the utilities.
Bill Steed, Architect with Legat Architects, represented School
District 109. He said that storm water retention plans have not
been submitted but are being developed and should be ready for
review by the Village in about a week. There was discussion about
whether the size of the sewer pipe would be increased, about the
slope of the pipe, and about construction costs.
Trustee Rosenthal made a motion to table the discussion until all
necessary submissions have been made to the Village and approved
by the Engineering Department. Trustee Seidman seconded the
motion. Motion passed unanimously.
Mary Oppenheim, School District 109 Board member, came forward to
explain that work on this project must begin as soon as the school
year ends, and to request conditional approval of the plans
contingent upon the Engineering Department's approval of them. She
was assured that the matter would be moved along as quickly as
possible.
EXPANDING JURISDICTION OF
APPEARANCE REVIEW COMMISSION
non - Planned Unit Development,
District.
Mayor Forrest commented that
done an excellent job, but he
jurisdictional boundaries and
The Appearance Review Commission is
requesting that its jurisdictional
boundary be expanded to include the
C -2 Outlying Commercial Zoning
the Appearance Review Commission has -
sees no necessity to expand its
is opposed to doing so.
Michael Tarnow of the Appearance
image of the community begins at
cause no hardship since existing
only new signs would be affected.
Review Commission stated that the
its front door. The change would
signs would be grandfathered, and
After some discussion, Trustee Seidman made a motion to direct the
Village Attorney to prepare an ordinance to amend the current
ordinance which created the Appearance Review Commission and set
forth its jurisdictional area, to include the non - Planned Unit
Development, C -2 Outlying Commercial Zoning District. Trustee
Heuberger seconded the motion. Motion passed by the following
vote:
AYES: Heuberger, Rosenthal, Seidman (3)
NAYS: Swanson, Swartz (2)
SIGN MODIFICATION - Kogen Development Corp. is
BRISTOL ESTATES requesting a sign modification to
permit the display (for one year) of
three 4' x 6' non - illuminated, doubled faced, sandblasted, wood
signs on the site of the future Bristol Estates Subdivision. The
Plan Commission voted in favor of the petitioner's request.
Mr. Stucko stated that due to the complexity of the sign
modification proposal, a variation ordinance should be enacted.
Trustee Seidman made a motion to have Mr. Stucko prepare the
necessary ordinance. Trustee Swartz seconded the motion. Motion
passed unanimously.
SPECIAL USE FOR A PLANNED Miller Builders is requesting a
RESIDENTIAL DEVELOPMENT/ Special Use for a Planned
RESUBDIVISION - 143 WILMOT Residential Development/Resubdiv-
ision for 143 Wilmot Road. The Plan
Commission recommends that the petitioner's proposed plan be
approved. They also recommend that Aspen Way be extended through
the block, that construction vehicles access from the north, and
that the Village monitor the construction project so there will be
as little impact on the neighbors as possible.
Attorney Gene Schepp was at the meeting representing an Aspen Way
family. He had sent Board members a letter earlier in the day
regarding Mr. Miller. Mr. Miller's attorney, Robert DiLeonardi,
was also present. He refuted some statements in Mr. Schepp's
letter and said he will be following up with a letter of his own.
Several Aspen Way residents were in attendance to express their
concerns about dumpsters in the street, trucks destroying their
lawn, and access to the building site. Mr. Case commented that in
a fully approved subdivision dumpsters must be on private
property. This will be monitored. He also commented that Miller
Builders would be responsible for reconstructing any yards damaged
by their equipment. He suggested a construction road be put in to
provide access for machinery.
Trustee Rosenthal made a motion, seconded by Trustee Swartz, to
accept the Plan Commission Report. Motion passed unanimously.
PLAT OF CONSOLIDATION -
FIRSTAR BANK
various parcels of land into
description of the property.
final plat and recommends ap
Firstar Bank, 700 Deerfield Road,
is requesting approval of a plat of
consolidation to combine their
one parcel and shorten the legal
The Plan Commission reviewed the
proval of the petitioner's request.
Trustee Swartz moved to accept the recommendation of the Plan
Commission Report. Trustee Rosenthal seconded the motion. Motion
passed unanimously.
SIGNAGE PLAN AMENDMENT - Old Country Buffet is requesting a
OLD COUNTRY BUFFET larger wall sign than was previously
approved, and wish to change the
letter style of the sign from script to block. They have received
permission from the Deerbrook Mall to change the sign. The Plan
Commission believes that the petitioner's request for an amendment
to the previous approved signage plan is in substantial
conformance to the previously approved final development plan and
that the request should be approved.
2
Trustee Seidman moved to accept the recommendation of the Plan
Commission. Trustee Heuberger seconded the motion.
Trustee Swartz commented that he does not think the proposed sign
is in substantial conformance since it is twice the size of the
current sign. Mr. Stucko explained that if the Board does not
agree with the Plan Commission's recommendation, a public hearing
has to be held, with the petitioner seeking an amendment to the
PUD.
Motion failed. It will be returned to the Plan Commission and a
public hearing will be held. The vote was as follows:
AYES: Seidman, Swanson (2)
NAYS: Heuberger, Rosenthal, Swartz (3)
OBSTRUCTIONS IN PUBLIC Staff is recommending that the Board
RIGHT -OF -WAY consider an amendment to the
Municipal Code providing provisions
or prohibitions for unnecessary obstructions in the public right -
of way. These items, if encountered during the course of a'
project, can adversely affect the cost and speed of repairs to
water mains and sewer lines lying within the right -of -ways.
Mr. Franz explained that what is desired is language in the
Municipal Code which establishes it as policy that the right -of-
way should not have obstructions. This would give staff a better
means of dealing with people who insist on putting decorative
fences, fancy mailboxes, landscaping, etc. in the public right -of-
way. The purpose of the new language would not be to change the
code but to clarify it.
After some discussion, Trustee Rosenthal made a motion to prepare
an ordinance clarifying and codifying Village policy regarding
obstructions in the public right -of -way. Trustee Swartz seconded
the motion. Motion carried unanimously.
Staff will put an article in D -Tales explaining the policy, so
that residents will know that.if these illegally placed items are
damaged during a Village project, the resident will not be
reimbursed for those damages.
Consent Agenda
ORDINANCE 0 -94 -08 At the March 7, 1994, Board of
AUTHORIZING AMENDMENT TO Trustees meeting, a motion was
SIGNAGE PLAN - MATAS CORP. passed to approve an interior wall
sign for Starlite Cafe, located at
the Corporate 500 Center.
Trustee Seidman made a motion to pass the ordinance. Trustee
Swartz seconded the motion.
Michael Levin, President of Matas Corporation, Corporate 500,
attended the meeting to appeal the Board's decision to deny Matas'
other request, which was for lettering for Starlite Cafe on the
Corporate 500 entrance sign. The Board stood by its original
decision.
The motion to pass the ordinance allowing an interior sign only
passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
Old Business
TEMPORARY STATION AND Mr. Franz explained that the Village
PARKING OPERATION - METRA has received a letter from Metra
TRAIN STATION ON LAKE COOK delineating the conditions which
must be met for the Village to issue
a building permit for a temporary train station south of Lake Cook
C
Road. Metra is requesting that Mr. Franz sign the letter to show
that the Village is in agreement. The Village's main concern was
with access to the site. Metra has agreed that it will not be
opened until they have use of the fully signalized intersection.
Mr. Franz is satisfied that Metra is prepared to meet the
Village's requirements for building a temporary facility.
Trustee Swartz stated that he is concerned about not having a
pedestrian crossing signal for the temporary station. Mr. Franz
responded that Metra has indicated that it would cost up to
$100,000 to put in a signal and relocate it. Trustee Swartz said
he would withhold approval until the signal is put in.
Trustee Swartz made a motion that Mr. Franz be authorized to sign
Metra's letter of March 30, 1994, with the exception that the
pedestrian signal be installed when the temporary lot is put in
instead of waiting for the permanent lot. Trustee Rosenthal
seconded the motion. Trustee Heuberger objected to the sentence
in Metra's letter , " Metra shall indemnify the Village throughout
the temporary facility's operation period ". He said Metra should
be indemnifying the Village for entire operations, not just the
parking facility. Trustee Swartz suggested deleting the word
"temporary." Motion carried unanimously.
Discussion
CREEK CLEANING - LETTER Several residents attended the Board
TO CORPS OF ENGINEERS meeting to get the Board members'
response to their draft of a letter
to the Corps of Engineers regarding the cleaning of the Middle
Fork of the North Branch of the Chicago River. Since the letter
had arrived only Monday afternoon, the Board did not have an
opportunity to review it. The Mayor indicated the Village's
letter to the Corps would be sent very soon and that a copy of the
letter would be sent to the group's representative.
Trustee Seidman made a motion to adjourn the meeting and go into
Executive Session to discuss personnel and litigation. Trustee
Swartz seconded the motion. Motion carried by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
There being no further business, the meeting was adjourned at 9:15
P.M.
ATTEST:
Village Clerk
APP OVED:
Mayor