08/07/19951
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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
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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:
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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
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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
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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:
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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:
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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
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