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07/17/1995July 17, 1995 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, July 17, 1995, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Michael Swartz Absent: Vernon E. Swanson 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, seconded by Trustee Swartz, to approve the minutes of the previous meeting. The motion passed unanimously. BILLS AND PAYROLL Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the Bills and Payroll. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None TREASURER'S REPORT Finance Director George Valentine summarized the June Treasurer's Report. Sales tax receipts are up 20o for the month and are 50 over the previous twelve month period. Major revenues are near projection, with the exception of water revenues which are off somewhat due to lower than anticipated sales. Water purchases also reflect the lower sales. As of June 30, 1995, 102.70 of cash was invested at an average interest rate of 5.600. REPORTS RESOLUTION R -95 -12 Due to the large number of people in AUTHORIZING MAYOR TO attendance regarding the Incredible SIGN BOUNDARY AGREEMENT Universe issue, Mayor Forrest moved it WITH NORTHBROOK forward on the agenda. Mayor Forrest read a statement explaining that the document ready for Board action at this meeting provides the formal boundary agreement requested by Northbrook as a condition to denying the Incredible Universal proposal to build on the LaSalle property south of Lake Cook Road and west of I -294. The agreement limits future annexation of that parcel to Northbrook only. Additionally, the boundary agreement limits future annexation of the Baxter property north of Lake Cook Road to Deerfield only; limits future annexation of the Red Roof Inn parcel west of Waukegan Road and north of the Edens Spur to Deerfield only; limits future annexation of the triangle west of Waukegan Road and south of the Edens Spur to Northbrook only; limits future annexation of the Brookside Shopping Center /Hanekamp Funeral Home parcel to Northbrook only; and allows annexation of the Picardy East and Glenbrook Countryside Estates residential development by either community. The document also speaks to use and density for each parcel as a means of controlling impact on neighboring properties. Mayor Forrest urged the Village Board to pass a resolution authorizing him to sign the agreement, and he urged the Village of Northbrook to do likewise at their meeting of July 25. Trustee Seidman made a motion to pass a resolution authorizing Mayor Forrest to sign the boundary agreement. Trustee Swartz seconded the motion. 1 1 1 Discussion returned to the proposed Corporate 500 entry sign. Size, placement, visibility, sight lines, and the competitive marketplace that exists today were all discussed at length, after which Trustee Rosenthal commented that, in her opinion, the signage issue shouldn't be decided now. Too much guesswork would be required. Resolution of this matter should wait until the underpass is in place so that the Board can more accurately assess what is needed. Because of the long period of time required to accomplish a project once it is approved, Mr. Levin said he would prefer to decide the matter now. Mayor Forrest called for a five minute recess. After the recess the following motions were made, and the Village Attorney was directed to prepare an ordinance: (1) Trustee Seidman made a motion to accept the recommendation of the Plan Commission to rezone the entrance parcel from I -2B, Outlying Limited Industrial District to I -1, Office, Research, and Industrial District. Trustee Swartz seconded the motion. The motion passed unanimously. (2) Trustee Swartz made a motion to accept the recommendation of the Plan Commission to amend the Corporate 500 PUD to add the entrance parcel to their site plan. Trustee Ehlers seconded the motion. The motion passed unanimously. (3) Trustee Seidman made a motion to accept the recommendation of the Plan Commission to amend the Corporate 500 signage plan to permit the proposed main ground sign, with the stipulation that the major tenants may be listed only on the main ground sign subject to Village approval, and that no separate ground signs will be permitted for major tenants in the Center. Trustee Ehlers seconded the motion. A roll call was taken, and the motion failed by the following vote: AYES: Ehlers, Seidman (2) NAYS: Heuberger, Rosenthal, Swartz (3) (4) Trustee Rosenthal made a motion, seconded by Trustee Heuberger, to approve the petitioner's plan for a directional sign. The motion passed unanimously. (5) Trustee Ehlers made a motion, seconded by Trustee Swartz, to approve the petitioner's landscaping plan, contingent upon the stipulations that the landscaping not block Kleinschmidt Computers, that the side landscaping be located so that tree canopies will not overhang the Kleinschmidt property, and that the landscaping be maintained in that fashion in perpetuity. The motion passed, with Trustee Swartz casting the only negative vote. REPORT AND RECOMMENDATION The Plan Commission held a public OF PLAN COMMISSION RE hearing on May 25 regarding signs and REGULATING SIGNS AND seasonal decorations. It is their SEASONAL DECORATIONS recommendation that: Regarding Flashing Signs: (1) Article 9.01 -B,8,a should be amended as follows: (...it shall be unlawful for any person to maintain:) a. Any moving, flashing or shimmering sign or any other moving, flashing, or shimmering advertising device inside or outside of a building when visible from any private or public street, or parking lot. Regarding Holiday Decorations: (1) Article 9.01 -A,3 be amended by adding the following after the first sentence: In no event shall any holiday decorations, lights, or other decorative lighting flash, whether or not those decorations, lights, or decorative lighting are located inside or outside of a building for a commercial use in a non - residential L] district if such decorations, lights, or other decorative lighting are observable from the exterior of the building. Holiday decorations must be removed within two weeks after the holiday. Regarding Quasi - Public Signs: (1) Article 9.03 -F should add a new subsection "c" to section 1: C. Content. The content of such temporary signs shall be limited to that information pertaining to the event or activity. In no event shall any commercial signage such as the name or logo of the business or owner of the property on which the sign is displayed be included on the sign. (2) Amend section 2,a by adding the following: If the event or activity is of an on -going nature, the Director of Community Development may extend a permit for a maximum of 14 days. (3) Amend section 2,b by adding the following after the second sentence: Permits may not be issued for consecutive thirty day periods. (4) Amend section 2 by adding a new "c ": c. C -1 Village Center District. In the C -1 Village Center District quasi - public ground signs shall be limited to one sign face and the total area of said sign face may not exceed ten (10) square feet in size. In no event may any such sign be located closer than five (5) feet to any sidewalk whether such sidewalk is located on private or public property. Jack Nelson inquired why these provisions apply only to advertising. He feels that, as a safety issue, they should apply to residential also. He also feels that corporate logos should be permitted as they encourage giving by recognizing corporate support. In regard to the first issue, Mrs. Houpt replied that the reason to apply the provisions to advertising but not to residential is traffic volume. What might not be unsafe in a residential area might be much more so in a commercial district. After discussion, trustees felt that the second issue may need further clarification. Trustee Rosenthal made a motion to accept the recommendation of the Plan Commission and direct the Village Attorney to prepare an ordinance. Trustee Ehlers seconded the motion. The motion passed unanimously. OLD BUSINESS DISCUSSION RE RIVERWOODS Mr. Soyka explained that the contractor WATER MAIN /MONTGOMERY RD for Riverwoods has completed installation PAVING of a water main, and restoration of Montgomery Road has begun. There is a 200' stretch of concrete pavement above and beyond what the contractor is to restore at Riverwoods' cost. Mr. Soyka recommends that the same contractor be hired to restore the additional 200' feet of pavement, which would cost about $23,000. This amount would come from the Infrastructure Replacement Fund. Trustee Seidman made a motion to authorize the expenditure of $23,000 to complete the paving of Montgomery Road. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) DISCUSSION FARMERS MARKET Mayor Forrest reminded residents of the Farmers Market this Saturday, and encouraged everyone to attend. 0 Mayor Forrest opened the meeting for discussion. Glenn Movish, a Northbrook resident who lives near the proposed Incredible Universe site and who has become an informal spokesperson for those who, oppose the Incredible Universe plan, was the first to speak. Mr. Movish urged the Village of Deerfield to add to the boundary agreement a paragraph already in Northbrook's agreement regarding the tollway flyway favored by Deerfield for the I- 294 /Lake Cook Road site. He feels that without such language, Deerfield's boundary agreement is meaningless to Northbrook, and Incredible Universe will be built. Mr. Movish suggested that the Board go into Executive Session and try to resolve the issue tonight. Mayor Forrest responded that the paragraph referred to by Mr. Movish was not received by Deerfield until today. The Board is willing to take the matter under advisement, but it is a complex issue, and the Board will not act hastily. The issue will not be resolved tonight over the phone during an Executive Session. Staff will contact Northbrook tomorrow to set up a meeting time. Trustee Heuberger commented that even if this issue is resolved, there is no guarantee that Northbrook won't come up with new ones. Other Deerfield and Northbrook residents, including Jack Nelson of the Deerfield /Bannockburn /Riverwoods Chamber of Commerce, spoke against allowing Incredible Universe to build on the LaSalle property site and urged the Board of Trustees to continue working against it. After further discussion, a roll call was taken. The resolution passed by the following vote: AYES: Ehlers, Heuberger, NAYS: None (0) REPORT ON DEPARTMENTAL OBJECTIVES - PUBLIC WORKS AND ENGINEERING Engineering Departments. Rosenthal, Seidman, Swartz (5) After discussing the watering ban in effect over the weekend, Mr. Soyka summarized the Report on Departmental objectives for the Public Works and Highlights included: (1) Testing of water samples for lead is nearly complete. If the final three samples in the second round of testing come back satisfactory, the Village will have passed the requirements-for lead and can discontinue the public education program. (2) All fire hydrants have been flushed. One fourth of them will next be sanded and painted. (3) Work on the water tower painting will begin soon. Mr. Soyka is seeking a recommendation from staff or the Board regarding color and logo. (4) A gated entry between Deer Run and neighboring subdivisions does not seem to be a good solution to their traffic problem. A traffic signal is a possible alternate solution, as is coordination of the signals already on Waukegan Road to create bigger gaps in traffic. (5) The Deerpath Drive reconstruction is progressing nicely. Mr. Soyka is particularly pleased with the way the elm trees are being protected. (6) This year, 187 residents have responded to the 50/50 sidewalk replacement offer. REPORT AND RECOMMENDATION Due to the underpass project on Lake OF PLAN COMMISSION RE Cook Road, the Corporate 500 Centre REQUESTS BY MATAS CORP., is requesting changes to the south 500 LAKE COOK ROAD entrance of their development and to their previously approved signage plan. At a public hearing held on June 8, the Plan Commission voted to approve the following: (1) the rezoning of the entrance parcel from I -2B, Outlying Limited Industrial District to I -1, Office, 2 Research, and Industrial District; (2) an amendment to the Corporate 500 PUD to add the entrance parcel to their site plan; (3) an amendment to their signage plan to permit an internally illuminated double faced ground sign at the entrance drive, with the stipulation that major tenants only may be listed on the main ground sign subject to Village approval, and that no separate ground signs be allowed for the major tenants; (4) the petitioner's plan for a directional sign; and (5) the petitioner's landscaping plan, contingent upon the stipulations that the landscaping not block the "Kleinschmidt Computers" wall sign on the south of the Kleinschmidt building, and that the landscaping be located so that the tree canopies will not overhang the Kleinschmidt property. Michael Levin, President of Matas Corporation, and attorney Jim Falls were in attendance to speak on behalf of the proposals. Attorney Joe Morrison was in attendance to represent Kleinschmidt Computers. Mr. Levin explained that the changes he is requesting are a result of the Lake Cook Road underpass construction. Corporate 500 will be losing its visibility as well as its current entrance onto Lake Cook Road. Mr. Levin showed drawings of the planned access road and landscaping. He added that Corporate 500 pays all taxes on the property and will pay for all improvements and upkeep for the property. Since Corporate 500 now owns the former Kleinschmidt front yard, they must provide access to Kleinschmidt, Industraplex, and DiPietro Plumbing. Only Kleinschmidt opposes the proposed landscaping plan, claiming that it will block their air, light, and visibility. There followed extensive discussion of whether or not Kleinschmidt's concerns are justified. Regarding the proposed ground sign, Mr. Levin stated that he needs it because the underpass will decrease his visibility. He showed a video demonstrating what a motorist sees as he drives through an underpass. The sign he is requesting is 22' high because the current sign, which is 15' high, will not be visible to motorists coming through the underpass. Trustee Swartz commented that Mr. Levin is requesting that the Village grant Corporate 500 the same visibility that he wants to take from Kleinschmidt. Mr. Levin responded that Corporate 500 is taking nothing from Kleinschmidt. They are providing Kleinschmidt with a beautiful entry and landscaping on property that Kleinschmidt sold for $600,000. Mr. Morrison spoke in opposition to the proposed Corporate 500 landscaping plan. He related the history of the sale of the Kleinschmidt property front yard to Lake County, which Mr. Gaples thought was in lieu of having it condemned and taken for public use. He added that the transfer of the property to the Corporate 500 Center is not yet complete. Mr. Morrison commented that the goal of the proposed landscaping is to block the view of the Kleinschmidt Computer Building, which Corporate 500 considers ugly, and that the rights of Kleinschmidt Computers must be protected. Trustee Rosenthal inquired what landscaping would be acceptable to Kleinschmidt if the access road is approved as shown. Mr. Morrison responded that the issues of landscaping height and density would have to be addressed. Mr. Falls commented that, contrary to Mr. Morrison's contention, the transfer of the property from Cook County to Corporate 500 is non - contingent. As soon as the road is built, Corporate 500 will get the deed. Corporate 500 will be responsible for taxes, landscaping, etc. According to terms of the sale in 1990, Kleinschmidt Computers would have been landlocked from Lake Cook Road. An ingress and egress easement was later granted, but that is all that was granted. The right to landscape belongs to Corporate 500. 3 1 i f ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion, seconded by Trustee Seidman, to adjourn the meeting. The motion passed unanimously, and the meeting was adjourned at 10:45 P.M. f] APPROVED: ATTEST: W I d 10 'W' 'r Village Cle kJW 1 A Mayor