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08/07/19951 1 August 7, 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, August 7, 1995, 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 James Stucko. Given the absence of the Mayor, Trustee Swartz made a motion, seconded by Trustee Heuberger, that Trustee Rosenthal serve as mayor pro tem. The motion passed unanimously. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the July 17 meeting. The motion passed unanimously. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the July 24 meeting. That motion also passed unanimously. REPORT ON DEPARTMENTAL Police Chief L. Patrick Anderson OBJECTIVES - POLICE DEPT. presented highlights from his Report on Departmental Objectives. Chief Anderson reported that Deerfield is one of the safest communities in Illinois and that Deerfield is relatively free of juvenile crime. Index crime numbers are similar to last year. The Police Department has investigated two robberies, one aggravated assault, and nine burglaries during the first six months of the year. Most frequent targets for crime were Jewel /Osco and the Chicago Health Club. Vandalism is up this year, but the arrest of three juvenile offenders cleared 20% of the cases. Traffic accidents are up slightly, but injury accidents are down, possibly due to enforcement of the seat belt law. After highlighting his department's activities in the area of gang intervention programs, Chief Anderson responded to questions from Board members regarding thefts at Chicago Health Club, vandalism, gang activity, interaction between the school districts and the police department, and reflective clothing for joggers. REPORTS 'REPORT AND RECOMMENDATION Attorney Stucko explained that the OF PLAN COMMISSION RE criteria for granting or denying a REQUEST FOR A SPECIAL USE special use are defined by the Zoning FOR A RESTAURANT- QUIZNO'S/ Ordinance. These criteria include DEERBROOK SHOPPING CENTER matters of lot size sufficiency, traffic, parking, access, effect on the adjoining neighborhood, facilities (such as utilities), buffering, and compatibility of land uses within the existing development. The Plan Commission found that all of the criteria for allowing the proposed special use were met. It is the job of Board members to decide if they agree with the Plan Commission's determination. From a land use standpoint, the Village has no authority to put itself between a tenant and a landlord and decide whether the 1 proposed use is as good a use as some others might be, nor is it appropriate for them to consider whether they like the tenant or would prefer a different one, or whether they think the use is a good deal for some people and not for others. Mayor pro tem Rosenthal reported that the Village has received the many letters that have been sent regarding this issue. They have been distributed and read by Board members. She reiterated that the Board must make its decision based on whether Quizno's Classic Subs meets the criteria outlined in the Zoning Ordinance. Trustee Heuberger recused himself from the discussion. Mr. Franz read the recommendation of the Plan Commission, which is that the petitioner's plans for a special use to permit the establishment of a Quizno's Classic Subs restaurant in the Deerbrook Shopping Center be approved. Attorney Robert Kenny was in attendance to represent Subway owners Eric and Karen Sacks. Joe Valenti and Michael Lisula were in attendance to represent Deerbrook Mall. Michael Lisula stated that he feels Quizno's meets the requirements for a special use and that it would be a strong tenant for Deerbrook Mall and for Deerfield. Mr. Sacks read a statement in which he expressed concern about competing with a restaurant that is similar to his own and located only two stores away. He feels that both restaurants cannot survive and that VMC is attempting to push Subway out. Mr. Sacks stated that VMC has offered to buy out his lease, but he plans to remain in Deerfield. Mr. Sacks also commented that the conclusions of the parking study done by Quizno's are questionable, as they are based on information gathered between 11:30 A.M. and noon, and do not reflect peak traffic which comes an hour later. Mrs. Sacks read a statement asking the Board to turn down Quizno's because it is morally the right thing to do. Phil Macy, President of Subway Chicagoland, and David Grossman, leasing agent for Subway Chicagoland, reported that Mr. Sacks has done an excellent job with his franchise. They feel his business will be negatively affected by having a Quizno's nearby. Mr. Kenny commented that he is requesting Board members to look at the issue in a broader fashion than simply competition between two similar stores. He has looked to the Zoning ordinance for guidance, and he summarized portions of the ordinance which he feels are pertinent to the Subway / Quizno's issue. He asked Board members to consider issues such as impact on the Village and its tax base, impact on adjacent uses, access, and parking. The Assistant Manager of Old Country Buffet spoke in support of Subway. He concurred with previous comments that parking is a problem, especially for the handicapped, and that the hours of the traffic study do not reflect peak luncheon hours. Mayor pro tem Rosenthal asked those who had attended the meeting in support of Subway to stand and be acknowledged, and she gave those who wished to speak an opportunity to do so. Mr. Valenti commented that in his opinion two submarine sandwich shops can survive at Deerbrook. He summarized the many good decisions made by Deerbrook management in the past few years. He reported that the north end of Deerbrook has 50% more parking than is required by ordinance. After further discussion, Trustee Swartz moved for approval of the Plan Commission recommendation and preparation of an ordinance. Trustee Ehlers seconded the motion. The motion failed by the following vote: N 1 AYES: Ehlers (1) NAYS: Rosenthal, Seidman, Swartz (3) Mayor pro tem Rosenthal called for a five minute recess. REPORT AND RECOMMENDATION School District 109 is requesting an OF PLAN COMMISSION RE amendment to a special use to permit REQUEST FOR AMENDMENT TO additions to Walden School. The SPECIAL USE TO ALLOW proposed additions, which will be EXPANSION AT WALDEN SCHOOL approximately 16,000 square feet in area, are needed as a result of a projected enrollment increase of 25% by the year 2000. At a public hearing held on June 22, 1995, the Plan Commission unanimously voted to approve the request. Bill Steed of Legat Architects was in attendance to answer Board questions concerning the proposed project. He distributed a revised site plan, revised storm water detention plan, and a letter of intent from the park district. After discussion, Trustee Seidman made a motion to approve the Plan Commission recommendation and to instruct the Village attorney to prepare an ordinance. The motion passed unanimously. Jeff Rabin, School Distri, district for its work and ORDINANCE AMENDING A PREVIOUSLY APPROVED PUD, SITE PLAN, LANDSCAPING PLAN AND TEXT AMENDMENTS FOR MATAS CORPORATION ::t 109 Board member, thanked the park cooperation on this project. OLD BUSINESS An ordinance amending a previously approved Planned Unit Development, Site Plan, Landscaping Plan, and text amendments and other necessary action to accomplish the plans for Matas Corporation, 500 Lake Cook Road. First Reading. Trustee Heuberger suggested that Section Three (b) of the draft ordinance be restated in positive rather than negative language. Attorney Stucko will reword the section. Upon questioning from Trustee Heuberger, Mr. Stucko discussed the options available to the Village if Matas Corporation fails to comply with landscaping stipulations mandated by the ordinance. Michael Levin, President of Matas Corporation, was in attendance to discuss his written request of July 31 in which he requested permission to move the Corporate 500 Centre sign to either of two suggested locations, and permission to add Marriott Residence Inn and Starlite Cafe to that sign. Mr. Levin explained that there is no longer a place to put the free standing Residence Inn sign, and there are no plans to replace it when current construction has been completed. Adding their name to the Corporate 500 sign would, therefore, cause no net gain in signage. The addition of Starlite Cafe to the Corporate 500 sign is being requested to aid an estimated 700 visitors per day in finding the restaurant. While the ability to locate the Starlite Cafe is a longstanding concern, and one to which the Board has been unsympathetic, the problem has been exacerbated by the construction activity on Lake Cook Road. Trustee Swartz asked where the Corporate 500 sign would be placed. Mr. Levin responded that, in his opinion,the two best choices are the new Corporate Drive median or the location shown on the new landscaping plan. Trustee Swartz explained that the Board's decision to not permit signage for Starlite Cafe was based on the fact that the restaurant is intended for the benefit and use of those within the development and is not intended to attract people from the outside. Mr. Levin 3 replied that the people who come in are not from the outside. They are invited to seminars, stockholders meetings, etc. by tenants of Corporate 500. Mr. Stucko commented that if the petitioner's requested changes are granted, an amendment of the ordinance before the Board tonight would be required. Trustee Ehlers moved that the requested changes be granted. Trustee Seidman seconded the motion. Trustee Swartz commented that there are three separate questions to decide: (1) May the Corporate 500 sign be moved, and to what location ?; (2) May Marriott exchange their free standing sign for a listing on the Corporate 500 sign ?; and (3) May Starlite Cafe be listed on the Corporate 500 sign? After discussion that allowing signage for Starlite Cafe would set a bad precedent, Trustee Swartz made a motion, seconded by Mayor pro tem Rosenthal, to amend Trustee Ehlers' motion by eliminating the Starlite Cafe signage issue. The motion passed, with Trustee Ehlers casting the only opposing vote. Mrs. Houpt asked about -the location of the sign. It was agreed that the sign will be tried in the driveway median. If this location doesn't work, Mr. Levin may return to staff or the Board. The motion to pass the amended amendment passed unanimously. This will stand as a First Reading. AUTHORIZATION TO APPROVE Edward Kalina of RJN Consultants, Project CHANGE ORDER FOR Manager for Phase IV Streetscape, and STREETSCAPE David Hunter, Project Engineer, explained that the final bid schedule did not contain a line item for 1" PVC entrenched conduit. The work is indicated on the drawings and is required to complete the project as designed. RJN has negotiated a unit price of $5.30, for a total additional amount of $27,560. They recommend that the line item be added, by Change Order No. 1, to the Contractor's Agreement and schedule of unit prices. RJN's fee with the Village will not be affected. Trustee Seidman made a motion to approve the change order. Trustee Swartz seconded the motion. Mayor pro tem Rosenthal chastened RJN for making such a costly omission. Trustee Swartz suggested that RJN voluntarily accept a reduction in their fee to help offset the additional cost to the Village. Mr. Kalina will raise the matter with his superiors. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) ORDINANCE RE TEXT An ordinance amending portions of Article AMENDMENTS REGULATING 9 of the Zoning Ordinance regulating SIGNS AND SEASONAL signs and seasonal decorations. First DECORATIONS Reading. In a memo to the Village Manager, Mrs. Houpt suggested a change in the proposed text of Section Three (c) which would allow a business or owner sponsoring an event or activity to have its name or logo on signage, so long as it does not exceed 200 of the total area of the sign. She further suggested adding a new (d) that exempts signs displayed at an event or activity which indicate the event or activity or its sponsor. Board members agreed that Mrs. Houpt's changes are improvements and should be made part of the amendment. NEW BUSINESS RESOLUTION APPROVING RATE Gerald Smith explained that in November ORDER TO OMNICOM 1994 Post Newsweek Cable informed the 4 CABLEVISION Cable and Telecommunications Commission of a planned increase in the basic cable rates. A subsequent.review of Post Newsweek's records by Crowe Chizek confirmed that the requested increase is allowable under current FCC requirements and does not exceed the FCC designated benchmark. The Cable and Telecommunications Commission therefore recommends that the Board approve the rate increase. Trustee Heuberger commented that the maximum permitted rate for basic programming services is shown in some places in the report as $10.18 and in others as $10.80. Mr. Smith said the inconsistency is probably a typographical error, but he suggested that the matter be held over until the next meeting so he can investigate. ANALYSIS AND AWARD OF Jesse Rotman, Chairman of the Cable and BID FOR BOARD ROOM AUDIO/ Telecommunications Commission, reported VIDEO EQUIPMENT that four vendors were invited to submit a proposal for the acquisition, installation, and maintenance of audio /video equipment for cablecasting from the Village Hall Board Room. Two proposals were received. Mr. Rotman outlined the improvements to be made, then reported that Post Newsweek Cable has agreed to contribute up to $50,000 to the project to show their commitment to upgrading cable services in Deerfield. Mr. Rotman recommended that Post Newsweek's offer be accepted and that the proposal of Video Images, Inc, in the amount of $45,105.96 be approved. He noted, however, that specifications for the microphones are being changed, so the actual dollar amount may differ somewhat from the proposal amount. Mr. Rotman added that he expects Post Newsweek to permit a needed lighting upgrade, not part of this proposal, to be paid from their $50,000. Mr. Rotman is hoping that equipment can be installed by October 1. Trustee Seidman made a motion to accept the proposal of Video Images, Inc., in an amount not to exceed $48,000. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) Mayor pro tem Rosenthal thanked Mr. Rotman for the many hours he has donated to the Village to bring about the Board Room improvements. AWARD OF CONTRACT TO Mr. Franz reported that three quotes were DEMOLISH BUILDING ON received for demolishing the building at VILLAGE OWNED PROPERTY 623 Deerfield Road. Staff recommends AT 623 DEERFIELD ROAD that the low bid of American Demolition Corp. in the amount of $8,900 be accepted. Demolition by the fire department had been considered, but obtaining a State permit proved to be too difficult. Trustee Swartz made a motion to award the contract to American Demolition Corp. in an amount not to exceed $8,900. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) Trustee Seidman made a motion to direct the Village attorney to prepare the ordinance. Trustee Ehlers seconded the motion. The motion passed by the following vote: k AUTHORIZATION TO ERECT Village staff is recommending that the STOP SIGN ON ESTATE DRIVE Board direct the Village attorney to AT PFINGSTEN ROAD prepare an ordinance amending the Municipal Code to include the intersection of Pfingsten Road and Estate Drive for stop signs. Estate Drive would stop for Pfingsten Road traffic. Trustee Seidman made a motion to direct the Village attorney to prepare the ordinance. Trustee Ehlers seconded the motion. The motion passed by the following vote: k AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) DISCUSSION STREETSCAPE TREES Curt Case, Jr. appeared before the Board on behalf of the owners of the Amish Furniture Store, who expected there to be only three Streetscape trees in front of their store. Instead, there are going to be five trees. The owners fear that visibility of their store will be blocked by the trees, and that their business will suffer. They would like to request that fewer trees be placed in front of the I store. Mayor pro tem Rosenthal explained that the Streetscape trees are not randomly planted, but trees will be tall enough that motorists' view of the store will not be blocked. FIRE STATION IDEAS Trustee Seidman inquired if there are any tentative plans for the current fire station once it has been vacated by the fire department. Mr. Franz responded that the fire department is still about a year away from occupying its new station. Planning for the old station has not yet begun. PUMP FAILURE AT Mr. Franz reported that there was a pump RICHFIELD RESERVOIR failure on July 31 at the Richfield Reservoir. Replacement and repairs in the approximate amount of $16,000 have been authorized, and the work should be complete within thirty days. The Richfield Reservoir is able to operate at maximum pumping capacity with one pump out of service. Funding for emergency repairs is provided for in the annual budget. WATER TOWER PAINTING There was discussion on whether the new paint job on the water tower should include the Deerfield name and /or logo. Mayor pro tem Rosenthal suggested that an attempt be made to make the water tower as unobtrusive as possible. She suggested that there be no signage or logo. ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion, seconded by Trustee Heuberger, to adjourn the meeting. The motion passed unanimously, and the meeting was adjourned at 10:25 P.M. ATTEST: Village Cler APPROVED: 31 Mayor C'PAO 7-6fl7 1