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.
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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
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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.
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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,
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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.
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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.
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APPROVED:
ATTEST:
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Mayor