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06/20/1994June 20, 1994 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Village Manager in the Council Chamber of the Village Hall on Monday, June 20, 1994, at 8:00 P.M. The clerk called the roll and announced that the following were: Present: Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Michael Swartz Absent: Bernard Forrest, Mayor Vernon E. Swanson and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney Sheila Beary. Trustee Swartz made a motion, seconded by Trustee Heuberger, that Trustee Rosenthal serve as mayor pro tem. Motion carried unanimously. Trustee Seidman made a motion to approve the minutes of the previous meeting. Trustee Swartz seconded the motion. Motion passed unanimously. BILLS AND PAYROLL Trustee Seidman made a motion, seconded by Trustee Ehlers, that the Bills and Payroll be approved. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) REPORTS REAR YARD VARIATIONS Mr. and Mrs. William R. Chroszy III of 846 846 CENTRAL AVENUE Central Avenue are requesting two variations from the Deerfield Zoning Ordinance in order to permit construction of a second detached garage. When combined, the two garages would exceed the maximum 30% rear yard coverage by 6.5% and would also exceed the area of the principal structure by approximately 497 square feet. The Board of Zoning Appeals failed to recommend that the requested variations be granted. Trustee Ehlers made a motion to accept the recommendation of the Board of Zoning Appeals. Trustee Swartz seconded the motion. Mr. Chroszy and his mother were in attendance and spoke on behalf of the proposed garage. Val Sac, 849 Osterman, and Elizabeth Ellis, 622 Elm, who are neighbors of the Chroszys, gave reasons for not wanting the garage to be built. After discussion, the Board voted to accept the recommendation of the Board of Zoning Appeals to deny the petitioner's request. The vote was as follows: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) MODIFICATION OF Bed, Bath and Beyond is requesting APPROVED PUD PLAN - modification of the PUD to permit BED, BATH AND BEYOND installation of a satellite dish antenna on the roof of their tenant space. The antenna would replace phone lines to the computer and would be used for inventory control, video training, and credit card verification. The Plan Commission recommends that the petitioner's request be granted. Trustee Seidman made a motion to approve the Plan Commission's recommendation to allow the satellite dish antenna. Trustee Ehlers seconded the motion. Motion passed unanimously. FINDING OF SUBSTANTIAL CONFORMANCE OF FINAL PLAT FOR 143 WILMOT RD. previously approved Pre recommend approving the The Plan Commission has reviewed the Final Plat of the Aspen /Wilmot Resubdivision, 143 Wilmot Road, and finds the plat to be in substantial conformance to the liminary Plat of Resubdivision. They documents as submitted. Trustee Swartz made a motion to approve the Plan Commission's recommendation and to direct the attorney to prepare an ordinance. Trustee Ehlers seconded the motion. Motion passed unanimously. The subject of impact fees will be addressed at a future date. REDEVELOPMENT OF THE The Deerfield Park District and School FORMER MAPLEWOOD SCHOOL District 109 are requesting an amendment & PARK AS A PUBLIC PARK to a previously approved Special Use to permit the redevelopment of the former Maplewood School /Park property as a public park. The Plan Commission recommends approval of the request. They further recommend that the Park District review the possibility of adding a 9 -1 -1 telephone. Trustee Seidman made a motion to approve the Plan Commission's recommendation and to direct the attorney to prepare an ordinance. Trustee Swartz seconded the motion. Motion passed unanimously. MARKETING SIGNS - Optima,.Inc. is requesting a text OPTIMA, INC. amendment to the temporary signage section of the Zoning Ordinance to permit marketing signs for residential planned unit developments, and an amendment to a preliminary PUD plan to permit their proposed marketing signage. The Plan Commission recommends adding Article 9.03 -K (Temporary Marketing Signs - Planned Unit Developments) to the Zoning Ordinance. It also recommends amending the preliminary PUD plan for Optima, Inc. to permit the proposed marketing signage plan, with the following stipulations: the setback of the signs is to be measured 50 feet from the sidewalk instead of the curb; any relocation of the signs requires the approval of the Director of Community Development; and the initial approval of the signs is to be for a two year period with annual renewals through the public hearing process before the Plan Commission and Board of Trustees. Thaddeus "T.J." Lenick, Project Manager for the Coromandel development, was in attendance to represent Optima. He showed an artist's rendering of the proposed sign and stated that he is requesting one large sign rather than two smaller ones so all the desired information can fit on it. Trustee Swartz commented that the proposed sign is too large and contains too much information. Other board members agreed, saying that the sign as proposed is a selling prospectus and that taking the time to read it would present a traffic hazard. Trustee Swartz made a motion to approve the Plan Commission recommendation. Trustee Heuberger seconded the motion. Motion failed, with Trustee Seidman casting the only affirmative vote. Mr. Lenick was told that if he submits a downsized signage plan prior to the July 5th Board meeting, the Board will reconsider the petition without it having to go back for a new public hearing. This will save Optima some time. APPROVAL OF FINAL PLAT The Plan Commission reviewed the Final FOR BRISTOL ESTATES Plat of Subdivision and found it to be in substantial conformance to the previously approved Preliminary Plat of Subdivision. 2 'r Mr. Franz explained that since the Plan Commission made that recommendation some things have changed, and the petitioner will discuss these tonight. The Board then will have the option of taking action on the plat at this meeting, referring the matter back to the Plan Commission, or holding off the matter until the next agenda when the issues in question have been resolved. Howard Kogen, Attorney Robert DiLeonardi, and Land Planner Rolf Campbell were in attendance to represent Bristol Estates. Mr. DiLeonardi requested that the Board not send the matter back to the Plan Commission. He requested that the Board act on Phase I, even if there are reservations regarding Phase II. Mr. DiLeonardi explained that everyone thought the final plat had been approved. The County Highway Department, however, is refusing to sign the plat unless fifteen feet of land is dedicated to the future widening of Lake Cook Road. In order to comply with this requirement, berming must be eliminated from the plan or the resulting rear yards of the lots will be too small. Other details of the design, such as fences and landscaping, would remain. On the matter of the proposed bridge to connect Bristol Estates to Gordon Terrace, the Kogens would prefer that the Board oppose it. Mr. Campbell discussed alternatives to the berm, including a six foot wood fence and /or an undulating two foot berm. There was lengthy discussion of concerns raised by Mrs. Houpt in her memo of June 14, 1994 to Mr. Franz. Regarding entrance features, including triangular planting areas, a center island, and pavers, these items were part of the preliminary submittals, but are no longer part of the package. Mr. Franz asked for clarification, stating that if the plat is approved, these items will be required, unless there are valid reasons for deleting them from the plan. There was some confusion regarding whether the entrance features were actually part of the preliminary plat, but Mr. Kogen said he would be willing to eliminate the pavers and add a center island if that is the Board's wish. Mr. Franz asked what the appearance of the homes at Lake Cook and Pfingsten would be from the street and how the plan for berming and fencing would relate to drainage. Using a drawing, Mr. Campbell explained the elevation of the homes in relation to the adjacent Marriott and Pfingsten Road. He explained that the entire length of the berm on both Pfingsten and Lake Cook would be landscaped and fenced. On the side facing the street, the four feet that Bristol Estates is responsible for would be landscaped, and the remainder would be grass. Bristol Estates would agree to maintain the grass on the right -of -way even though it is the county's responsibility. Mr. Kogen explained that it is his intent to build the entire subdivision at once. Dividing the project into Phase I and Phase II will be applicable only if construction of part of the homes is delayed because of the requirements of the highway department. Regarding the existing berm on the west side of the property, the plan is for the east side to be landscaped but to allow the west side to grow wild. Mr. Franz asked for a commitment that any replacement program for the east side of the berm would not be the responsibility of Mr. Kogen agreed. Trustee Rosenthal pedestrian bridge There are several police department monitoring. This the berm. the Village but of the homeowners association. stated that the Village is committed to having a connecting Bristol Estates to Gordon Terrace. alternatives for its design, but staff and the prefer a straight connection for ease of would require cutting a nine foot slice out of Mr. Franz suggested that in order to save the developer some time, a motion could be made tonight to direct the attorney to prepare an 3 ordinance, with the developer simultaneously making changes based on agreements made at tonight's meeting. The issues in question could be worked on during the next two weeks, and the matter could then be on the Board's next agenda. A waiver of rules could also be requested in writing. Trustee Seidman made a motion to have the attorney prepare the ordinance. Trustee Swartz seconded the motion. Motion passed unanimously.. STAFF REPORT'ON The Village's building fees are very low INCREASING BUILDING FEES compared to other communities in the area. Most have not been increased in twenty years. The proposed increases vary, but will place Deerfield at or below average for this area and will more accurately reflect staff's time required to provide services. Trustee Swartz made a motion to accept the report and to direct the attorney to prepare an ordinance amending the Municipal Code. Trustee Heuberger seconded the motion. Motion passed unanimously. Trustee Ehlers commented that definitions need to clarified and the public needs to be educated on when a building permit is required. Staff is currently working on this problem. CONSENT AGENDA ORDINANCE 0 -94 -21 An ordinance amending the Municipal Code INCREASING CHAUFFEUR'S to increase the Chauffeur's License fee LICENSE FEE from $5.00 to $25.00. Second reading. ORDINANCE 0 -94 -22 An ordinance authorizing an amended SIGNAGE PLAN AMENDMENT special use for Walgreens to permit an FOR WALGREENS alteration to the existing signage. Second reading. ORDINANCE 0 -94 -23 An ordinance establishing prevailing wage PREVAILING WAGE RATES rates. Second reading. AMENDED SIGNAGE PLAN - An amendment to a previously approved OLD COUNTRY BUFFET signage plan to allow a wall sign larger than the one previously approved, with lettering style changed from script to block for better readability. First reading. Trustee Seidman moved for adoption of the Consent Agenda and passage of the ordinances. Trustee Swartz seconded the motion. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) NEW BUSINESS RECYCLING /YARD WASTE Gerald Smith explained that the success of COLLECTION AMENDMENT the yard waste program depends on the use FIRST READING of the "Deerfield Recycles" bags. Yard waste not in the proper bags is not picked up by the scavenger service. Sometimes a disgruntled citizen will refuse to move or rebag improperly bagged material. The proposed changes to the Municipal Code will provide staff with language to refer to in dealing with these situations. It will also reduce the amount of time that trash or yard waste may remain at the curb from fifteen days to five days. DISCUSSION CABLE COVERAGE Trustee Swartz made a request that Post Newsweek provide coverage of Deerfield Family Days and the all star youth baseball games. CURFEW Trustee Swartz raised the issue of whether the same curfews that apply to Deerfield 4 juveniles during the school year should apply during the summer months. Staff will direct the Youth Council to -put discussion of a two tier curfew on their agenda. TOLLWAY SOUND BARRIERS Trustee Seidman inquired about the status of sound barriers north of Deerfield Road. Mr. Franz commented that he will inquire about that issue at an upcoming meeting. OPEN MEETINGS ACT Trustee Seidman asked if the recent memo concerning the Open Meetings Act could be summarized for the Board in simplified language. Attorney Beary will see to it. PLAZA PERFORMANCES Trustee Rosenthal commented favorably on recent plaza performances she has attended and encouraged all Deerfield residents to attend upcoming events. REQUEST FOR TREE Roy Linnig, 1047 Wilmot Road, attended the REMOVAL meeting regarding a parkway tree at his rental property at 1105 Greenwood Avenue. The tree has grown so large that it has caused the adjacent sidewalk and driveway to buckle. The Linnigs propose that the Village remove the tree, which the Linnigs will replace with two young trees. In the past, the Village has not provided this service unless a tree is diseased or presents a safety problem. As this could set a precedent, Mr. Franz suggested looking into the matter more thoroughly before making a decision. ADJOURNMENT There being no further business to discuss, Trustee Ehlers made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:25 P.M. ATTEST: Village Cler APPROVED: Mayor t-o TEM 5