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04/03/1995April 3, 1995 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mr. Franz in the Council Chamber of the Village Hall on Monday, April 3, 1995, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Absent: Bernard Forrest, Mayor John H. Heuberger Michael Swartz and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. Given the absence of Mayor Forrest, Trustee Ehlers made a motion, seconded by Trustee Seidman, that Trustee Rosenthal serve as mayor pro tem. The motion passed unanimously. Trustee Seidman made a motion, seconded by Trustee Ehlers, to approve the minutes of the previous meeting. In a letter to the Mayor and Board from Trustee Heuberger, he recommended the following changes to the minutes: that the insurance referred to in Mrs. Houpt's report be clarified as flood insurance, that the stereo installation area referred to in the Best Buy summary be clarified as an automobile stereo installation area, and that the wording of the Optima /Coromandel motion be changed to. . . "subject to the Fire Department's approval of the sidewalk reconfiguration and their agreement to accept maintenance responsibilities for the sidewalk crossing their land." The motion to approve the minutes as amended passed unanimously. PROCLAMATION - YEAR OF Mayor pro tem Rosenthal read a THE FAMILY proclamation designating 1995 as the Year of the Family in Deerfield and urging all members of the community to participate in the development of healthy families. Trustee Swanson made a motion to accept the proclamation. Trustee Ehlers seconded the motion. The motion passed unanimously. PROCLAMATION - BUILDING Mayor pro tem Rosenthal read a SAFETY WEEK proclamation designating the week of April 9 -15, 1995, as Building Safety Week in Deerfield. The proclamation urges all citizens to participate in activities to help promote building,.safety, to create awareness as to the importance of construction and building codes, and to spotlight the role of the dedicated building official in administering those codes. Trustee Swanson made a motion to accept the proclamation. Trustee Ehlers seconded the motion. The motion passed unanimously. The proclamation was accepted by Kiwanis Club President Paul Saydak, Robert Speckmann, and Crissy Speckmann. REPORTS REQUEST FOR FENCE A public hearing was held on March 7, VARIATION FOR 825 1995, to consider the request of Charles DEERE PARK COURT and Sara Ray, 825 Deere Park Court, for a variation to allow replacement of an existing, deteriorated, 6'9" stockade fence with an 8' fence in lieu of the maximum 7' fence permitted by Ordinance. By a unanimous vote, the Board of Zoning Appeals approved the requested variation. Trustee Seidman made a motion to approve the variation. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) The Community Development Department was asked to research why the Zoning Ordinance allows a maximum 7' fence when the standard heights for fencing are 6' and 8'. REPORT AND RECOMMENDATION Thaddeus Lenick, Project Manager for OF PLAN COMMISSION RE the Coromandel development, was in OPTIMA /COROMANDEL attendance to continue discussion begun at the previous meeting regarding the proposed wall entry feature and the proposed retaining wall. At that meeting, the Board of Trustees had accepted the Plan Commission report relative to the change in the site plan on the topographical issue, subject to the Fire Department's approval of the sidewalk reconfiguration and their agreement to accept maintenance responsibilities for the sidewalk crossing their land. Discussion of the wall entry feature was tabled, however, pending additional information from Optima. Trustee Ehlers made a motion to remove the matter from the table. Trustee Swanson seconded the motion. The motion passed unanimously. Regarding the retaining wall issue, Mr. Lenick informed the Board that the Fire Department has been notified about the proposed sidewalk change. At the Fire Department's recommendation, the property line for the fire station will be redrawn slightly to exclude the portion containing the sidewalk. The maintenance of the sidewalk will then become the responsibility of the developer and the homeowners' association. Fire Chief Quinn was in attendance and indicated the Fire Department's approval of the proposed changes. Mr. Lenick requested permission to begin construction of the retaining wall immediately, at the risk of the developer. Staff had no objection. Regarding the wall entry features, Mr. Lenick distributed a photo indicating the proposed length and height. He agreed that "by Optima" will be dropped from the plan, and he explained that no existing trees will be removed to make room for the wall. Trustees debated whether the entry feature is too long, giving the appearance of a walled community, or whether it is in scale with the rest of the development. There was also discussion that perhaps the entry feature would be more traffic informative and driver friendly if it were on both sides of the entrance instead of only on the east side of the entrance, as proposed. Deerfield resident Derek Ragona expressed his opinion that the size and scale of the entry feature are too large and detract from the open feeling of the community. Trustee Ehlers made a motion, seconded by Trustee Seidman, to accept the recommendation of the Plan Commission to permit the construction of the retaining wall, but amended to include the ownership changes agreed to by the fire department. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) Trustee Ehlers made a motion, seconded by Trustee Seidman, to accept the recommendation of the Plan Commission regarding the wall entry features and to direct the Village attorney to prepare the necessary ordinances, subject to the Board's review and adjustment of the entry features. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) W LJ CONSENT AGENDA ORDINANCE 0 -95 -10 An ordinance amending a previously RE TENNAOUA CLUB approved Special Use to permit removal of an existing storage shed, construction of a new storage shed, and addition of a new tennis shop and deck at the Tennaqua Club. First Reading. Trustee Seidman made a motion for a waiver of the rules to allow the ordinance to be voted on at first reading. Trustee Ehlers seconded the motion. The motion passed unanimously. Trustee Seidman made a motion to adopt the ordinance. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) ORDINANCE 0- 95 -11, An ordinance amending a previously RE BRIARWOOD granted special use to permit Briarwood Country Club to redevelop its outdoor swimming pool area, including the construction of an outdoor eating facility, locker room, swimming pool, and other accessory uses. First Reading. Trustee Seidman made a motion, seconded by Trustee Ehlers, for a waiver of the rules to permit the ordinance to be voted on at first reading. The motion passed unanimously. Trustee Seidman made a motion, seconded by Trustee Ehlers, to adopt the ordinance. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) ORDINANCE 0 -95 -12 RE An ordinance to designate a Canvassing CANVASSING BOARD FOR Board for the purpose of canvassing the MUNICIPAL ELECTION results of a regular consolidated election within the Village of Deerfield and to define its duties. First Reading. Trustee Ehlers moved for a waiver of the rules to allow the ordinance to be voted on at first reading. Trustee Seidman seconded the motion. The motion passed unanimously. Trustee Ehlers made a motion to adopt the ordinance. Trustee Seidman seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None Mr. Franz explained that the Canvassing Board consists of three members - the Mayor, a Trustee (Mrs. Rosenthal), and the Village Clerk who will meet to acknowledge what the results of the election are. The meeting, which is open to the public, is scheduled for Thursday, April 6, at 5:00 P.M. OLD. BUSINESS AN ORDINANCE AMENDING PREVIOUSLY APPROVED PUD -SIGNAGE PLAN AND OVERALL PLAN, DEERBROOK MALL/ BEST BUY renovation includes a sign internally illuminated sign An ordinance amending a previously approved Planned Unit Development Signage Plan and overall plan in order to permit a major renovation to the facade of Deerbrook Mall for the Best Buy store. The proposed at the nearby mall entrance and an on the rear wall. First Reading. C Jeff Brownell and Sixto Beltrandy, representing Best Buy, and Michael Lisula, representing Deerbrook Mall, were in attendance to continue discussion of issues left unresolved at the previous meeting. Loading of purchases - Mr. Brownell explained there should be no problem with cars blocking the fire lane because bulky items will be pushed in a shopping cart by the purchaser to his car, or they will be pushed by a store employee using a flat bed cart. There is also a delivery service available for large items. Board members indicated that this is not acceptable. There must be a pick up area in the back. The flat bed cart is inappropriate for a busy suburban mall. Mr. Beltrandy commented that a rear door would cause security problems. Closing off of mall corridor - Mr. Brownell referred Board members to the March 21, 1995, letter written by Deerbrook Mall owner, Joseph Valenti, in which he stated that access between Sportmart and Best Buy would cause unmanageable security problems. Mr. Valenti also reminded the Board that the proposed plan is nearly identical to the original mall configuration. Signage - Some Trustees are not pleased with the proposal to have a large blue feature on the front of the store. They felt that the yellow ticket is the Best Buy corporate logo and is sufficient to help potential customers find the store. A monochromatic background with a yellow ticket on it might be preferable. The Best Buy representatives explained that the prototype electric blue has been toned down to a grey -blue which both Best Buy and mall management find acceptable. Blue is used by Best Buy throughout the country, and it is part of their identity. Eliminating it may not be acceptable to them. Mayor pro tem Rosenthal explained that this will remain as a first reading. There will be no waiver of the rules. She asked the Best Buy representatives to address the issues discussed at this meeting and to return to the next meeting with alternative plans. DISCUSSION RE EXTENSION Mr. Franz explained that several years OF LETTER OF CREDIT - ago the property at 245 Park Lane was 245 PARK LANE resubdivided. At that time the Village received a letter of credit for the street to be improved in front of that property, assuming that the lot across the street would also be resubdivided and the street would be put through. The letter of credit is about to expire, and the Board needs to extend it or authorize its release. John Elliot, owner of 245 Park Lane, was in attendance to request that the letter of credit not be extended and that his money be returned. He named Park Lane residents who do not plan to resubdivide their property or to dedicate the required 30' to the Village, and he enumerated other residents of the street who do, not want the street to be extended. Staff believes that the letter of credit should be extended and that the street should go through. The Village should not have a series of dead end streets. After discussion, Trustee Swanson made a motion to extend the letter of credit for a maximum of eighteen months, to move immediately on plans to acquire the necessary land either through condemnation or negotiation, and to proceed with development. Staff will provide Mr. Elliot with a letter to give to his bank stating that Mr. Elliot is being requested by the Village to extend the letter of credit. RESOLUTION R -95 -05 A resolution authorizing execution of an RE LAND SWAP BETWEEN intergovernmental agreement between the 4 THE VILLAGE AND THE Village and the Deerfield- Bannockburn DEERFIELD - BANNOCKBURN Fire Protection District regarding a FIRE PROTECTION DISTRICT land swap. Mr. Franz reviewed the land in which the Village agreed a parcel owned by Optima on planning to trade the Waukee Bannockburn Fire Protection the current fire station on swap between the Village and Optima to trade property near Kates Road for Waukegan Road. The Village is now jan Road property to the Deerfield - District in exchange for the site of Deerfield Road. The purpose of the trade is to provide the fire protection district with the site they desire for a new fire station. Until they occupy the new facility, the Village will lease back the existing fire station property to the,fire protection district as noted in the lease exchange agreement. The final remaining concern is with the fence which is to be constructed at the south end of the Waukegan Road fire station property. Staff believes they have reached an agreement acceptable both to Optima and to the fire district. Chief Quinn indicated that the language is acceptable to the fire district. Earl Rappaport, attorney for the fire protection district, commented that they are ready to pass a resolution next week authorizing the execution of the agreement for the swap. After discussion, Trustee Swanson made a motion to adopt the resolution. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO ACCEPT Mr. Soyka explained that the twenty PROPOSAL FOR REPLACEMENT year old pump control systems at the OF PUMP CONTROL SYSTEMS Wastewater Treatment Plant have been AT WASTEWATER TREATMENT scheduled for replacement as part of PLANT the 1994 -95 maintenance program. After investigating two types of replacement controls, Mr. Soyka is recommending a system which utilizes submersible pressure transducers and a microprocessor unit to provide level indication and individual set point control. Service and parts for this system, however, are limited at this time to only one supplier /contractor, Gasvoda & Associates. Mr. Soyka recommends that the bid of Gasvoda & Associates in the amount of $24,362 be accepted. After discussion of the two types of replacement controls systems, Trustee Seidman made a motion to accept the bid of Gasvoda & Associates in an amount not to exceed $24,362. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson (4) NAYS: None (0) DISCUSSION NEW YEAR'S EVE ACTIVITY Village resident Oscar Adler attended the Board meeting to request that the Village look into the possibility of putting on a family oriented activity such as one he is familiar with in New Jersey called First Night, a New Year's Eve Festival of the Arts. Mr. Adler passed out brochures for Board members to look over and indicated he would not mind becoming personally involved in putting on the event. ADJOURNMENT There being no further business to discuss, Trustee Ehlers made a motion to adjourn the meeting. Trustee Swanson seconded the motion. The -61 motion passed unanimously. After Mayor pro tem Rosenthal reminded everyone to vote tomorrow, the meeting was adjourned at 9:35 P.M. APPROVED: Mayor (IW6 TE/h) ATTEST: Village Clerk 1 1 I 2