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07/05/1994July 5, 1994 The regular meeting of the Board of Trustees Deerfield was called to order by the Mayor in of the Village Hall on Tuesday, July 5, 1994, clerk called the roll and announced that the Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman of the Village of the Council Chamber at 8:00 P.M. The following were: Absent: Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Assistant to the Village Manager Gerald Smith and Attorney James Stucko. Trustee Seidman made a motion to approve the minutes of the previous meeting. Trustee Heuberger seconded the motion. Motion passed unanimously. REPORTS BOARDS AND COMMISSIONS Mayor Forrest recommended the following appointments: to the Board of Building Appeals - Walter Hallford; to the Cable Advisory Board - Joseph Kayne; to the Energy Advisory and Resource Recovery Commission - Randall Soderman; and to the Human Relations Commission - Michelle Dobbs. Trustee Rosenthal made a motion to accept the recommendations. Trustee Ehlers seconded the motion. Motion carried unanimously. CONSENT AGENDA ORDINANCE 0 -94 -24 - An ordinance amending a previously AMENDED SIGNAGE PLAN approved signage plan to allow a wall sign FOR OLD COUNTRY BUFFET larger than the one previously approved, with lettering style changed from script to block for easier readability. Second reading. ORDINANCE 0 -94 -25 An ordinance amending the Municipal Code AMENDING MUNICIPAL CODE by adding language to address the RE RECYCLING /YARD WASTE requirement to use "Deerfield Recycles" Bags, and also reducing the amount of time that trash and yard waste may remain at the curb from fifteen days to five days. Second reading. REDEVELOPMENT OF THE An ordinance amending a previously FORMER MAPLEWOOD SCHOOL approved Special Use to permit the & PARK AS A PUBLIC PARK redevelopment of the former Maplewood School /Park property as a public park. First reading. INCREASED BUILDING FEES An ordinance amending the Municipal Code to increase building fees. First reading. Trustee Seidman moved for passage of the Consent Agenda and adoption of the ordinances. Trustee Ehlers seconded the motion. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -94 -26 - An ordinance approving a Planned PLANNED DEVELOPMENT FOR Development for 143 Wilmot Road. First 143 WILMOT ROAD Reading. Trustee Seidman moved development. Trustee carried unanimously. Trustee Seidman moved ordinance could be vo seconded the motion. for a waiver of impact fees for the Heuberger seconded the motion. Motion for a waiver of the rules so that the ted on at first reading. Trustee Ehlers .Motion carried unanimously. Trustee Seidman moved for adoption of the ordinance. Trustee Heuberger seconded the motion. Motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) ORDINANCE 0 -94 -27 - An ordinance amending the zoning map and AMENDING THE ZONING MAP approving the Final Plat of Subdivision AND APPROVING THE FINAL for Bristol Estates, Kogen. First PLAT OF SUBDIVISION FOR Reading. BRISTOL ESTATES Mayor Forrest read a statement concerning the impact fees for this development. This will be Deerfield's first application of the impact fee ordinance. The Kogens will pay $693,000 on an installment basis as building permits are issued, which comes to $10,500 per unit. The impact fees will be distributed in varying amounts to School District 109, School District 113, the Deerfield Park District, the Village of Deerfield, the Deerfield Library, and the Deerfield /Bannockburn Fire Department. Trustee Heuberger moved for a waiver of the rules so that the ordinance could be voted on at first reading. Trustee Ehlers seconded the motion. Motion passed unanimously. Barbara Houpt summarized her memo dated July 5, 1994, in which she listed aspects of the Kogen development which still need to be addressed and finalized before the Final Plat of Subdivision can be approved. Project Engineer Don Fielding, Howard Kogen, Attorney Robert DiLeonardi and Landscape Architect Chris Miller were in attendance to discuss the proposed Final Plat. After extensive discussion, the following agreements were reached: (1) The connection of Bristol Estates with Gordon Terrace will be accomplished with a straight bridge. In order to accomplish this, the berm will be cut off by about 8' and will then be landscaped. In order to allow pedestrian traffic but not automobiles, the bike path will be 8' wide, but the bridge will narrow to 6' wide. There will be a bollard at either end of the connection to further protect against cars trying to use the bridge. There will be an outright dedication of a 20' right -of -way from Lots 16 and 17. The bridge, which has a proposed 8% grade on the approaches, will meet ADA requirements. (2) Since the County Highway Department is requiring a 15' right - of -way along Lake Cook Road, the previously planned high berms will be eliminated and replaced by a 7' fence located approximately 14' from the taken right -of -way. The fence will be indented at each lot line, including at each end, and a tree will be planted in each indentation. Ivy will be planted on the fence. The Pfingsten Road side of the development will have a 7' fence planted with ivy, with a parkway tree approximately every 501, artistically set. Some of the trees will be evergreens. There will be berming on the north -east side, behind lots 29 and 30, between the sidewalk and the property lines. (3) The entrance to Bristol Estates will not have the island or the pavers shown in the preliminary plan. There will be 10' parkways with a 28' street. There will be a triangular planting island on each side of the entrance, on private property, which the 2 homeowners association will maintain. Irrigation for common areas will be provided. Fencing within the easement area will not be allowed. There will be intersection and sign lighting. (4) There will be a connection to Bristol Place for use by emergency vehicles. It will be a 12' lane consisting of a 5' walk with 3 -1/2' of stabilized.turf on either side. Trees will be planted along the outside of the stabilized turf, possibly with boulders in between. The petitioners will dedicate a 50' strip for this purpose, which will be maintained by the homeowners associations of Bristol Place and Bristol Estates. (5) The berm along the west side of the property will be maintained on its east side according to the wishes of the homeowners association. There will be no requirement to replace plantings on the west side. (6) The Drainage District easement problems have not been resolved, but work is progressing. The assessment for the homeowners association will be about $20 per month per home to be used mostly for lawn maintenance. Trustee Ehlers made a motion to approve the ordinance as submitted, with the provision that the decisions made tonight are incorporated, including an executed impact fee agreement. Trustee Heuberger seconded the motion. Motion carried by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) NEW BUSINESS TAXICAB RATE INCREASE American Taxi Dispatch, Inc. is requesting its first rate increase in three years. Rate increases will be for mileage only, not waiting time or flag drop. They are also requesting that the Village consider deregulating taxi services. Nick Zajac was present to represent American Taxi. Trustee Seidman made a motion to approve the proposed fare increase. Trustee Ehlers seconded the motion. Motion passed unanimously. The Board was not in favor of removing its regulatory control over taxi cab rates. REQUEST FOR TREE Mr. and Mrs. Roy Linnig, 1047 Wilmot REMOVAL Road, are requesting removal by the Village of a parkway tree at 1111 Greenwood Avenue, which is next to rental property they own at 1105 Greenwood Avenue. The tree has caused their driveway and the sidewalk at 1111 Greenwood Avenue to buckle. They have the homeowner's approval to remove the tree, which they will replace with two new trees. Mr. Smith commented that it has been Village policy to remove trees only if they are dead, diseased, or cause a hazard. After discussion, Trustee Ehlers made a motion, seconded by Trustee Heuberger, that the Linnigs be permitted to take down the tree at 1111 Greenwood Avenue at their own expense, provided that the Linnigs produce a letter from the owner of 1111 Greenwood Avenue granting them permission to do so, and also provided that the Linnigs agree to then participate in the 50/50 tree replacement program, and that either the owner of 1111 Greenwood or the Linnigs agrees to participate in the 50/50 sidewalk program. Motion carried unanimously. VARIATION FOR HOT TUB Larry Hanson, 690 Carlisle, is requesting a variance in the Municipal Code to permit 3 construction of an above ground hot tub closer than the required 10' from his house. Mr. Hanson explained that hot tubs are regulated as swimming pools in the Deerfield Municipal Code, and that while the 10' regulation is reasonable for swimming pools, it has questionable merit when applied to hot tubs. Mr. Hanson has a pie shaped lot, and the 10' requirement would force him to place the hot tub in an undesirable location. Mrs. Houpt explained that the Municipal Code provisions pre -date hot tubs, while the newer building codes specifically address hot tubs. The two are not in agreement. Trustee Rosenthal made a motion to vary the application of the ordinance to grant the petitioner's request. Trustee Ehlers seconded the motion. Motion passed unanimously. Staff will submit a report suggesting changes to the Municipal Code regarding hot tubs. MARKETING SIGNS - OPTIMA Thaddeus "T.J." Lenick, Project Manager for Optima's Coromandel development, was in attendance to present a revised marketing sign plan. Trustee Rosenthal made a motion to reconsider the matter. Trustee Ehlers seconded the motion. Motion passed unanimously. Trustee Rosenthal asked how the proposed sign compares with the temporary sign now on the site. Mr. Lenick replied that it is identical. Board members felt that the sign is difficult to read, contains too much information, is too high on the berm, and the colors are unappealing. They felt that both halves of the sign should have the same text. Mrs. Houpt explained that the sign is set where it is due to the 50' setback requirement. She suggested a text amendment to the R5 District Provision for Large Developments. She indicated that provisions should be considered which would permit the sign to be moved, at the discretion of the staff, as the development progresses. The Board was in agreement with Mrs. Houpt's plan. Trustee Ehlers made a motion to table the matter. Trustee Heuberger seconded the motion. Motion passed unanimously. Mr. Lenick was invited to return to the next meeting with a new sign proposal. REQUEST TO ACQUIRE Alonzo Johnson of Highland Park appeared VILLAGE PROPERTY before the Board to request that the Village sell him a piece of property that it owns which is adjacent to his property. The property, which has an area of about 7500 square feet, is north of the Village boundary and contains a Village sign. Mr. Johnson has trouble getting the Village to cut the grass and otherwise care for the property. He has no plans for.the property except to incorporate it into his yard. Mr. Smith explained Johnson, he will be retain the sign and agreed. The Board indicated get an appraisal of INTERACTIVE VIDEO BULLETIN BOARD possible way to imp that if the Village sells the property to Mr. required to grant the Village an easement to the power supply for lighting it. Mr. Johnson an interest in selling the parcel and agreed to the property at the petitioner's expense. DISCUSSION Trustee Ehlers explained that the Interactive Video Bulletin Board is being looked at by the Cable Advisory Board as a rove the dispensing of Village information. 4 Each Board member was sent a sample video, and the CAB is seeking input from Board members regarding their interest in having the system, which would require an investment of about $7,000 and a commitment of staff time for programming. Jesse Rotman, Chairman of the discuss the Interactive Video questions about it. Trustee Ehlers suggested that Bulletin Board and that it be next Board of Trustees meetin, Cable Advisory Board, was present to Bulletin Board and to answer the Board think about the Interactive made an official agenda item at the I- REQUEST FOR FUNDS FOR Trustee Ehlers explained that the National NATOA Association of Telecommunications Officers and Advisors is requesting a $100 legal supplement. The Cable Advisory Board supports the efforts of this group in lobbying against the House Bill which would remove or reduce a municipality's right to charge a franchise fee. The Mayor felt that the Village should pay the $100 and that a Board vote was unnecessary. TELECOMMUNICATIONS Trustee Ehlers discussed Gerald Smith's ORDINANCE memo of 6/13/94 regarding the need to draft a more inclusive telecommunications ordinance to cover the variety of requests that have been and will continue to come to the Village from the providers of fiberoptic services. Board members agreed that a more inclusive ordinance is needed and charged the Cable Advisory Board with the task of drafting it. RESOLUTION R -94 -07 Mayor Forrest commented DEERFIELD FAMILY DAYS successful Family Days. that the Board pass a r commending everyone involved for their endeavors keep up the good work. Trustee Rosenthal made a said resolution. Trustee Heuberger seconded the passed unanimously. on a very He suggested esolution and urging them to motion to adopt motion. Motion ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. Motion passed unanimously. The meeting was adjourned at 10:10 P.M. ATTEST: Village Clerk APPROVED: 5 Mayor 1