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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