08/21/1995August 21, 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, August 21, 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 B. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Michael Swartz
and that a quorum was present and in attendance. Also present
were Village Manager Robert Franz and Attorney James Stucko.
Before starting the regular agenda, Mayor Forrest called on
Gerald Bowman, Public Affairs Director for Commonwealth Edison,
to comment on the handling of power outages in Deerfield as a
result of storms during the past weekend. Some residents were
without power for six hours or more and were unable to obtain an
estimate from Commonwealth Edison regarding how long the power
would be out. Mr. Bowman discussed the automated outage
reporting system used by Commonwealth Edison. He commented that
neither this improved system, however, nor the 300 operators on
duty, could handle the 45,000 calls that came in as a result of
Saturday's storm.
Trustee Seidman made a motion, seconded by Trustee Swartz, to
approve the minutes of the previous meeting. Trustee Rosenthal
noted that the meeting had been called to order by Mr. Franz, not
Mr. Stucko. She also recommended that on page 2, the sentence,
"Mr. Valenti commented that in his opinion two subway shops can
survive at Deerbrook" be changed to "Mr. Valenti commented that
in his opinion two submarine sandwich shops can survive at
Deerbrook." The minutes as amended 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, Swanson, Swartz (6)
NAYS: None (0)
TREASURER'S REPORT Finance Director George Valentine
summarized the July Treasurer's Report.
Sales tax receipts are up 9% for the month and are 50 over the
previous twelve month period. Revenues and expenses are near
projection. As of July 31, 1995, 101.6% of cash was invested at
an average interest rate of 5.890.
REPORTS
REPORT AND RECOMMENDATION A public hearing was held on July 18
OF BZA RE REQUEST FOR to consider the request of Stuart and
VARIATIONS, 850 ROSEMARY Maria Allen, 850 Rosemary Terrace, for
TERRACE a variation to allow the construction
of a detached two car garage to within
two feet of the side and rear property lines in lieu of the
minimum five feet required by Ordinance. Since the requirement
for the variation is a result of an Ordinance change, and since
placement of the garage within Ordinance guidelines would cause
the destruction of a 30' magnolia tree, the BZA unanimously
approved the requested variation.
Trustee Seidman made a motion to accept the report-and to
instruct the Village attorney to prepare an ordinance. Trustee
Swartz seconded the motion. The motion passed unanimously.
REPORT AND RECOMMENDATION A public hearing was held on July 18
OF BZA RE REQUEST FOR to consider the request of David
SIDEYARD VARIATION, 1015 Silber, 1015 Springfield Avenue, who
SPRINGFIELD AVENUE is seeking a variation which, if
granted, would permit construction of
an addition which would connect the existing residence to the
existing detached garage, creating a minimum side yard of 1.1' in
lieu of the required 8', and a combined side yard of 9.3' in lieu
of the required 20'. In the absence of four concurring votes,
the BZA failed to recommend that the requested variation be
granted.
Robert Speckmann, Chairman of the Board of Zoning Appeals, and
the only BZA member to vote for granting the variance, stated
that he had no problem with Mr. Silber's request.. He thought the
appearance of the finished project would not be unlike houses
with attached garages that can be seen all over Deerfield. He
also felt that it would be a safer structure due to fire
regulations which pertain to attached garages.
Trustee Swanson commented that by attaching the garage to the
house, the entire structure would become a nonconforming entity.
Trustee Seidman commented that there are other large homes with
attached garages on Springfield, and Mr. Silber should be able to
have what his neighbors have. Also, Mr. Silber has been able to
show sufficient hardship to warrant having a variation granted.
Not all Board members agreed that a hardship had been proven in
this case.
Mr. Silber was in attendance to present his case. He pointed out
several reasons which he feels justify the requested variation.
These are: (1) the poor quality of soil in his back yard; (2)
the fact that rain water collects in his back yard, which would
make it necessary to raise its level before building, and this
would increase the possibility of getting water in his basement
during rainy periods; (3) two mature trees and other vegetation
that would have to be removed; and (4) safety for Mr. Silber's
handicapped mother who is living with him. Finally, Mr. Silber
noted that attaching the garage to the house would not increase
the nonconformity.
Trustee Ehlers moved to accept the report and to direct the
Village attorney to prepare an ordinance. Trustee Swanson
seconded the motion. The vote, which was tied, was as follows:
AYES: Ehlers, Rosenthal, Swanson (3)
NAYS: Heuberger, Seidman, Swartz (3)
Mr. Stucko pointed out that an affirmative vote of 2/3 is
required to overturn a BZA recommendation. Therefore, the
petition was denied.
REPORT AND RECOMMENDATION The Village Center Development
OF VCDC RE REVISING FIRST Commission is recommending that the
FLOOR RETAIL ORDINANCE First Floor Retail Ordinance be
revised to allow the following five
uses to be added to the list of permitted uses: coffee shops,
nutrition centers, bread and other specialty baked goods stores,
small printing shops, and mailing centers. The VCDC believes
these changes will generate customers for the Village Center
without compromising the integrity of the first floor.
Village Planner Jeffrey Ryckaert and VCDC member Barbara
Struthers were in attendance to answer questions about the
recommendation.
Mrs. Struthers commented that the Village has done a good job of
keeping out the uses it doesn't want in the Village Center but
has done less well at bringing in businesses it does want.
Bringing in a non - permitted use is a long and onerous process of
about six months. Mrs. Rosenthal responded that the problem with
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classifying uses as permitted is that it opens the door to
getting too many of the same thing. She added that a better
solution would be to improve, expedite and perhaps consolidate
the special use process, perhaps with a staff person serving as
facilitator.
After trying to more specifically define the permitted uses being
suggested by the VCDC, the matter was referred back to staff for
clarification. Staff will look over the definitions, will look
into ways of streamlining the approval process for special uses,
and will report back at the next meeting.
Trustee Rosenthal commended the VCDC on the report they had
recently written on improvements and repairs that are needed in
the Village Center.
REPORT AND RECOMMENDATION School District 109 is requesting an
OF PLAN COMMISSION RE amendment to a Special Use to permit
REQUEST FOR AMENDMENT TO an addition to Kipling School. The
A SPECIAL USE TO PERMIT addition would consist of classrooms,
AN ADDITION TO KIPLING an office, a gym with a stage, and a
SCHOOL storage area, and would total 16,500
square feet in area. Proposed site
improvements include an expansion of the parking lot, a hard play
area adjacent to the addition, new pavement, light poles in the
parking lot, and extension of the berm around the parking lot. A
baseball diamond and the soft play area are to be relocated. The
petitioners are planning to start construction in the spring of
1996 for fall 1996 occupancy. At its public hearing held on
August 10, the Plan Commission voted unanimously to approve the
petitioner's plans.
Mary Oppenheim Max McGee and Don Goers were in attendance to
present the school district's plans and respond to questions.
Trustee Swanson led a discussion of storm water management,
commenting that the berms are not tall enough, and some were not
made of the correct material and were therefore breached. Mrs.
Oppenheim discussed plans to deal with the problem. These include
scaling down the number of parking spaces from 122 to 109 (which
would require Village approval), using excavated material from
the next phase of construction to add to the length and height of
the berm, and creating a swale to hold excess water. Another
option would be to curb part of the parking lot and add a drain.
Mayor Forrest noted that the Village has had numerous complaints
about standing water from residents who live near Kipling and
fear that the new construction will exacerbate the problem. He
said that a final inspection of the berm improvements will be
required to be certain they have been done correctly. Mrs.
Oppenheim responded that the school district has hired a
construction manager to oversee the project. Mayor Forrest
suggested that the Village engineers, Baxter and Woodman, also be
brought in to monitor the project. He asked Mr. Soyka to take
care of this. Mayor Forrest also commented that the problem with
the berm needs to be taken care of now, not when excavation from
the new project becomes available. He suggested that contractors
now working within the Village would probably be willing to
provide free fill to accomplish the task. Mr. McGee said this
would be an acceptable solution. Mr. Soyka will contact some
contractors and request that the fill be delivered.
Several residents who live near Kipling School were in attendance
to complain about water problems, failure to be notified of
meetings, use of the gym at night by the park district, height of
the proposed gym ceiling, health problems exacerbated by gasoline
fumes from automobiles parked too near to their homes, snow plow
noise, and the large size of the proposed parking lot expansion.
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Mayor Forrest commented that it has been a longstanding practice
for the park district to use school facilities, and this has
worked well for all involved.
Trustee Heuberger commented that there are few occasions during
the school year at which all the proposed parking spots would be
needed. He proposed that the green space by the administration
building not be turned into parking. Trustee Swartz suggested
land banking that area. Mrs. Oppenheim responded that the number
of parking spaces was chosen in order to comply with Village
code. The district would be happy to lower the number of parking
spots if the Board approves it.
Mr. McGee reiterated that the district will be happy to eliminate
the parking for now, and will come back to the Board if they find
that additional parking is needed. He said that adding to the
berm now rather than later is a good idea, especially if the
district can get free fill from Village projects. He commented
that the school district has a long history of allowing school
district facilities to be used by the park district, and there
has never been a complaint about students "hanging out"
afterwards and causing disruptions.
Trustee Swartz made a motion to approve the Plan Commission
report and direct the Village attorney to prepare an ordinance.
Revised plans for the berm and for parking will be studied.
Trustee Heuberger seconded the motion. The motion passed
unanimously.
Mayor Forrest called for a five minute recess.
REPORT AND RECOMMENDATION Mayor Forrest recommended that Oscar
OF MANPOWER COMMISSION Adler be appointed to the Village
Center Development Commission for a
term expiring in November 1996, and that James Feldman be
appointed to the Plan Commission for a term expiring in November
1996.
Trustee Seidman made a motion to accept the appointments.
Trustee Ehlers seconded the motion. The motion passed
unanimously.
CONSENT AGENDA
ORDINANCE RE STOP SIGN ON An ordinance amending the Municipal
ESTATE DRIVE AT PFINGSTEN Code to include the intersection of
Pfingsten Road and Estate Drive for
stop signs. Estate Drive would stop for Pfingsten Road traffic.
First Reading.
RESOLUTION R -95 -13 As a result of the Boundary Agreement
AUTHORIZING CONSIDERATION with Northbrook, the Red Roof Inn
OF ANNEXATION OF RED ROOF property will be annexed to Deerfield.
INN PROPERTY A Court Settlement Agreement
negotiated in 1987, prior to the Red
Roof Inn being built, requires Deerfield to pass a resolution
indicating its interest in annexation. Deerfield will then file
a petition and follow the regular procedures with the Plan
Commission. The development plan includes, in addition to the
hotel, a full service restaurant and an office building.
Trustee Rosenthal made a motion to pass the Consent Agenda and
adopt the resolution. Trustee Swartz seconded the motion. The
motion passed unanimously.
OLD BUSINESS
ORDINANCE 0 -95 -27 AMENDING An ordinance amending a previously
THE ZONING MAPS AND approved Planned Unit Development,
AUTHORIZING AN AMENDMENT Site Plan, Landscaping Plan, and
TO SPECIAL USE - INDUSTRIAL other necessary action to accomplish
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PLANNED UNIT DEVELOPMENT the petitioner's plan - Matas
(CORPORATE 500 CENTRE) Corporation, 500 Lake Cook Road.
Second Reading.
Trustee Seidman made a motion to adopt the ordinance. Trustee
Heuberger seconded the motion.
Michael Levin, President of Matas Corporation, was in attendance
to request that he be permitted to place his temporary sign on
the location designated on the landscaping plan instead of on the
Corporate Drive median (selected at the previous meeting as the
better spot). Mr. Levin's inspection of the agreed upon site
revealed that the sign would be at an angle. As a result,
traffic going west to east would be able to see the sign, but
traffic going east to west would not.
After discussion, Trustee Seidman made a motion to amend the
ordinance to designate the location shown on the landscaping plan
as the location for the temporary sign, with an alternate site
being the Corporate Drive median. Trustee Swartz seconded the
motion. The motion passed unanimously.
Trustee Seidman made a motion, seconded by Trustee Ehlers, to
adopt the amended ordinance. The motion passed by the following
vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: Swartz (1)
AN ORDINANCE RE TEXT An ordinance amending portions of
AMENDMENTS REGULATING Article 9 of the Zoning Ordinance which
SIGNS AND SEASONAL regulates signs and seasonal
DECORATIONS decorations. Second Reading.
Trustee Rosenthal made a motion to adopt the ordinance. Trustee
Swartz seconded the motion. After a brief discussion of the
ordinance, Mayor Forrest recommended that the matter be held over
until certain clarifications can be made. Trustee Heuberger made
a motion to table discussion until the next meeting. Trustee
Swanson seconded the motion. The motion passed unanimously.
ORDINANCE APPROVING An ordinance authorizing an amended
AMENDMENT TO SPECIAL USE- Special Use to permit expansion of
WALDEN SCHOOL Walden School. First Reading.
There being no discussion, this stands as a First Reading.
NEW BUSINESS
AUTHORIZATION TO DISPOSE On August 18, staff opened bids for a
OF*SURPLUS EQUIPMENT 1987 GMC Jimmy. There was only one
bid accepted, although legal notices
were published and advertised. The estimated value of the
vehicle is $2,500 - $3,000. Staff recommends that the bid of
Michael Halterman in the amount of $2,300 be accepted.
Trustee Seidman made a motion to accept the bid of Michael
Halterman in the amount of $2,300. Trustee Swartz seconded the
motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
AUTHORIZATION TO ACCEPT The comminutor (vertical grinder) at
BID FOR COMMINUTOR the wastewater treatment plant has
REPLACEMENT AT WASTEWATER been scheduled for replacement as part
TREATMENT PLANT of the 1995 maintenance program.
Three quotes were obtained. The plant
supervisor and the Village Engineer recommend that the low quote
of Peterson & Matz, in the amount of $24,466 be approved.
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After discussion, Trustee Seidman made a motion to accept the bid
of Peterson & Matz in an amount not to exceed $24,466. Trustee
Heuberger seconded the motion. The motion passed by the
following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
DISCUSSION
RESOLUTION R -95 -14 As part of the 1995 -96 Budget Review
AUTHORIZING REALLOCATION process, the Finance Committee
OF SURPLUS TIF FUNDS recommended that surplus funds in the
amount of $1,950,000 be transferred
from Tax Increment Financing District 1 to Tax Increment
Financing District 2. The Village attorney prepared a resolution
for this transfer, which is allowed by Illinois State Statute.
Trustee Rosenthal made a motion to transfer $1,950,000 in surplus
TIF 1 funds to TIF 2. Trustee Heuberger seconded the motion.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ANNOUNCEMENT OF COMMITTEE Mr. Franz announced that a meeting of
OF THE WHOLE MEETING the Committee of the Whole has been
scheduled for 8:00 P.M. Monday, August
28. The main topic will be discussion of Comprehensive Plan
amendments. This will be an open meeting.
BOARD MEETING RESCHEDULED Due to Labor Day, the next meeting of
the Board of Trustees has been
rescheduled for Tuesday, September 5.
FARMERS' MARKET Mr. Franz announced that this
Saturday there will be another Farmers
Market. He encouraged everyone to attend.
ADJOURNMENT There being no further business to
discuss, Mayor Forrest adjourned the
meeting at 10:20 P.M.
ATTEST:
APPROVED:
Village Clerk LD
C:
Mayor
LJ