Loading...
05/06/1996May 6, 1996 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Monday, May 6, 1996, 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 Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: Harriet E. Rosenthal and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. Trustee Ehlers made a motion, seconded by Trustee Heuberger, to approve the minutes of the previous meeting. The motion passed unanimously. PROCLAMATION - CLEAN -UP FIX -UP DAY Mayor Forrest proclaimed that May 18, 1996 will be Clean -Up Fix -Up Day in Deerfield. The proclamation urges all governmental agencies, businesses and residents to participate in the Village -wide effort to improve the general appearance of the community. REPORTS REPORT AND RECOMMENDATION OF PLAN On March 28, the Plan Commission held a public COMMISSION RE SHURGARD, FLODSTROM hearing to consider the request of Shurgard Storage Centers, Inc. and Sven Flodstrom for an amendment to a Special Use for a Planned Unit Development, approval of a Preliminary Development Plan, approval of a Special Use to permit the development of a self- storage facility on the northern portion of the property, and approval of a Preliminary Plat of Subdivision for the property to permit a self- storage facility to be built on the property between Deer Lake Road and Pfingsten Road directly south of 155 Pfingsten Road. Although the petitioners agreed to upgrade the Pfingsten Road west facing wall to face brick, to remove any illumination from the lighthouse, and to reduce the height of the lighthouse by 51, the Plan Commission voted unanimously to deny the petition. Trustee Heuberger recused himself from this agenda item. Attorney Robert Kenny, representing Shurgard, reported that the main reason for the Plan Commission denial was the inability of the Shurgard representatives to.commit to "flipping" the site plan. That plan has since received corporate approval. With the flipped configuration, the main entrance and office would be on Deer Lake Road instead of Pfingsten. Shurgard has proposed other improvements since the Plan Commission meeting, including eliminating wash lighting on Pfingsten Road, decreasing the height of the lighthouse to 301, increasing the amount of landscaping, changing a portion of the roof to a gabled roof to decrease visibility from Bristol Estates, changing the location of the lighthouse to the north side of the office space to remove it from the line of sight from Bristol Estates, and eliminating the proposed "stub" road. Mr. Kenny stated that, based on comments made by the Plan Commission, he believes the Plan Commission would be supportive of Shurgard's improved proposal. Mr. Kenny and Shurgard representative Scott Nierman responded to numerous questions from the Board regarding the height of the roof line, proposed roofing material, building dimensions, the possibility of eliminating the lighthouse, and the geographic area from which Shurgard hopes to draw its customers. Trustee Swanson suggested that, given the substantial changes in the plan, it should go back to the Plan Commission for further review. Mr. Kenny stated that they will do that if it is the direction of the Board. Mayor Forrest noted that the Village has received a petition with the signatures of approximately 150 people who oppose the proposed use. Many of those people were in attendance, and Mayor Forrest gave all those who wished to address the Board the opportunity to do so. These included Howard Kogen, developer of Bristol Estates; Sam Stemple, attorney representing the managing agents for the Callahan Office Building; Howard Berkeley, former president of the Fountains of Deerfield; and numerous residents of the area. Marlene Masarack, commercial real estate broker for Sven Flodstrom, spoke in favor of the proposal. After further discussion, Trustee Swanson made a motion to accept the Plan Commission report and recommendation. Trustee Seidman seconded the motion. The motion passed unanimously. At 9:20 P.M. Mayor Forrest called a short recess. REQUEST FOR DRIVEWAY VARIATION, Bernard and Darleen Settler, 1241 Blackthorn, 1241 BLACKTHORN. SETTLER have applied for a building permit to widen their existing 16' driveway by 6' from the garage to the curb. The permit, if approved, would be in violation of Section 19- 22 of the Deerfield Municipal Code, which specifies that the maximum width of a driveway in the public right -of -way shall not exceed 18' in width. Mr. Settler was in attendance to speak in behalf of the variation. He reported that he would like to widen the driveway to 22' accommodate a third vehicle. There are no underground utilities under the proposed addition. Mrs. Houpt reported that previous requests of this type have been turned down for reasons of aesthetics and in order not to set a precedent. Trustee Ehlers suggested that Mr. Settler could widen the throat of the driveway to the permitted 181, then widen it further closer to the house, outside of the Village right -of -way. K Trustee Swartz made a motion to permit the driveway variation. Trustee Seidman seconded the motion. The motion failed, with only Trustee Seidman voting for approval. REPORT AND RECOMMENDATION OF CABLE Commission Chairman Jesse Rotman reported AND TELECOMMUNICATIONS COMMISSION that, at the request of the Board of Trustees, RE PERSONAL COMMUNICATION SYSTEMS the CTC received presentations from representatives of two personal communications systems (PCS) vendors, PCS PrimeCo and AT &T Wireless Services, who wish to offer service in Deerfield and have petitioned to erect antennas in the Village. Mr. Rotman noted that these proposed antennas would be built on private land and therefore do not present the Village with the opportunity to regulate in any way. In the future, however, these companies may require additional towers to be built in Village rights -of -way, providing possible revenue in the form of leases, licenses and /or franchises. Mr. Rotman briefly described PCS technology and reported that the CTC has found it to be a service which would be both useful and beneficial to residents and businesses. The CTC endorses the Plan Commission recommendation to authorize construction of the first three antenna installations that the vendors need to initiate service. Trustee Swanson inquired about towers which may be requested to be built in the Village in the future. Mr. Rotman responded that more towers will probably be needed, and any requests for future transmission sites on public or private sites should be carefully evaluated by the Village. Though 'the Village cannot select the sites, it will be possible to direct the choice of sites. Mrs. Houpt reported that a 150' tower has been proposed by PCS PrimeCo for a site along the tollway at the northwest corner of the Village, near the Lake Eleanor subdivision. Jim Rogers of PCS PrimeCo stated that he is not aware of the proposed tower, a project which may be going through the Milwaukee office. Trustee Seidman made a motion to accept the report of the Cable and Telecommunications Commission. Trustee Swartz seconded the motion. The motion passed, with only Trustee Swanson voting against it. Mr. Rogers reported that he had just checked with his radio frequency engineers, and they have verified that the tollway site in question is being proposed by the Milwaukee office. Mr. Rogers represents PCS PrimeCo for the sites proposed at the Marriott Suites Hotel and at the 520 Lake Cook Road Office Building. Mr. Rogers acknowledged a possible lack of communication between the two offices, but denied there was any attempt to blindside the Village. He said he would be happy to gather any information he can regarding that site. After further discussion, Trustee Swartz moved to table the PCS PrimeCo agenda items until the petitioner has provided additional information about the site along the tollway. Trustee Seidman seconded the motion. The motion passed unanimously. 3 r� REPORT AND RECOMMENDATION OF PLAN AT &T Wireless Services is requesting COMMISSION RE INSTALLATION OF permission to install a cellular tele- TELECOMMUNICATION FACILITY AT 540 communications facility at 540 Lake Cook Road. LAKE COOK ROAD, AT &T WIRELESS At a public hearing held on March 14, the Plan SERVICES AND MATAS CORPORATION Commission voted to approve the request, subject to certain conditions. Vince Stout of Riley and Associates was in attendance to represent AT &T Wireless. Referring back to the previous discussion with PCS PrimeCo, Trustee Ehlers asked Mr. Stout if AT &T Wireless has facilities adjacent to Deerfield that the Village is unaware of. Mr. Stout responded that there are a large number of facilities in unincorporated Lake County, but he is unaware of towers within two miles of Deerfield. Mayor Forrest recommended that, to be consistent, this matter should also be tabled, subject to AT &T Wireless providing the Village with information regarding sites in the Deerfield area. Trustee Seidman so moved. Trustee Swartz seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF CABLE Mr. Rotman reported that MFS Communications AND TELECOMMUNICATIONS COMMISSION has accepted the Village's proposed final RE FRANCHISE AGREEMENT WITH MFS terms for a franchise agreement. MFS is a high speed, high quality fiber optic bypass provider of telephone and telecommunication services to corporate customers. MFS needs a stretch of Village right -of -way to close a loop essential to providing redundancy in their system. The agreement calls for a minimum five -year term with a three percent franchise fee protected against legal challenge for the life of the agreement. The CTC recommends that the Board approve the drafting of a final agreement and enabling ordinance that would allow the Village to enter into a franchise agreement with MFS. fee should have been discussed with MFS. In his opinion, 3% is not an same.percent as the cable franchise for some time to get a 5% franchise more than 3 %. Trustee Swartz commented that the 3% franchise the Board of Trustees before being proposed to acceptable amount. The fee should be 5 %, the fee. Mr. Rotman responded that the CTC tried fee; however, no one in the area is getting After discussion of how the 3% franchise fee would be tracked and what it would be based upon, the use of the Most Favored Nations clause and other matters, Trustee Heuberger made a motion to accept the recommendation of the Cable and Telecommunications Commission. Trustee Ehlers seconded the motion. The motion passed, with Trustees Ehlers, Heuberger and Swanson voting for it and Trustees Seidman and Swartz voting against it. GARBAGE COMPLAINT Northbrook resident Edie Curtain attended the meeting to complain that garbage collection at the southeast corner of Lake Cook and Waukegan has been taking place as early as 5:20 A.M. and has been noisy and disruptive. She asked the Board for assistance. Mayor Forrest thanked Ms. Curtain for bringing the matter to the Village's attention. The situation will be monitored and handled appropriately. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a workshop meeting COMMISSION RE REQUEST FOR FINDING on April 25 to consider the request for 4 OF SUBSTANTIAL CONFORMANCE, FINAL finding of substantial conformance for a PLAT, RED ROOF INN, 340 WAUKEGAN final development plan - Red Roof Inn property /What's Cooking Restaurant. It is their recommendation that the petitioner's final development plans are in substantial conformance to the previously approved preliminary development plan. Trustee Seidman made a motion to accept the Plan Commission Report. Trustee Swartz seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE 0 -96 -20 AMENDING A An ordinance permitting the construction of SPECIAL USE TO PERMIT CONSTRUCTION an additional parking lot /parent drop -off and OF ADDITIONAL PARKING AREAS AT pick -up area at South Park School, south of SOUTH PARK SCHOOL, SCHOOL DIST 109 the Birchwood Avenue parking lot. Second Reading. ORDINANCE 0 -96 -21 AMENDING THE An ordinance amending Sections 22 -46 and MUNICIPAL CODE RE TRAFFIC 22 -166 of Article 21 of Chapter 22 of the RESTRICTIONS IN THE SOUTH PARK Municipal Code regarding traffic restrictions SCHOOL AREA in the South Park School area. Second Reading. RESOLUTION R -96 -04 RE MOTOR FUEL A resolution appropriating and authorizing TAX FOR THE MAINTENANCE OF STREETS expenditures of $346,000 of Motor Fuel Tax AND HIGHWAYS funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code during 1996. Trustee Seidman made a motion for-passage of the Consent Agenda and adoption of the ordinances and resolution. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -96 -22 APPROVING An ordinance annexing the Red Roof Inn ANNEXATION AGREEMENT FOR RED property, 340 Waukegan Road, to the Village ROOF INN PROPERTY of Deerfield. Second Reading. (Held over from 1/22/96). Upon questioning from the Mayor, Attorney Robert Kenny reported that two required items are lacking: the letter of credit has not been submitted, and the development agreement has not been signed yet. After discussion, it was agreed to vote on the annexation ordinance but table the ordinance amending the zoning map and approving a special use. Trustee Heuberger made a motion to pass the ordinance annexing the Red Roof inn property. Trustee Swartz seconded the motion. The motion passed by the following vote: 5 r` r AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) DAYS: None (0) Trustee Swartz made a motion to table the ordinance amending the zoning map and approving a special use. Trustee Heuberger seconded the motion. The motion passed unanimously. NEW BUSINESS ANALYSIS AND AWARD OF BID FOR Three bids were received for the 50/50 Parkway 50/50 PARKWAY TREES trees. While there is some price differential between nurseries on certain species, St. Aubin Nursery submitted the overall low bid price. Mr. Soyka therefore recommends that the 1996 parkway tree contract be awarded to St. Aubin Nursery. Trustee Seidman made a motion to award the contract for the 50/50 Parkway Tree program to St. Aubin Nursery at the unit prices bid. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) AUTHORIZATION TO APPOINT AUDITOR Mr. Valentine is recommending that the firm FOR FISCAL YEAR 1995 -1996 Crowe Chizek once again be appointed to audit Village's financial statements. For the year ending April 30, 1996, the proposed audit cost is $14,300, an increase of $425 over their cost for last year's audit. Trustee Seidman moved to appoint Crowe Chizek at a cost not to exceed $14,300. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) DISCUSSION GERALD SMITH PUBLISHED! Trustee Ehlers reported that an article on cable related issues written by Assistant to the Village Manager Gerald Smith has been published in the most recent issue of the Illinois Municipal Review. OPTIMA BERM PLANTS Mr. Franz reported that after the meeting the Board will be reviewing the berm /seeding proposal submitted by Optima for the Coromandel development. EXECUTIVE SESSION Trustee Swartz made a motion, seconded by Trustee Ehlers to go into Executive Session to discuss land acquisition. The motion passed by the following vote: 6 1 1 AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Swartz made a motion to adjourn the meeting. Trustee Ehlers seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:30 P.M. ATTEST: Village Clerk APPROVED: Mayor f 7 AYES: lers, Heuberger, Seidman, Swanson, Swartz (5) NAYS: Non 0) ADJOURNMENT /the here being no further business to discuss, rustee Swartz made a motion to adjourn the meeting. Trustee Ehlers conded motion. The motion passed unanimously. The meeting was adjourned at 10 3 'P1.M. ATTEST: M Village glerk 7 or 1 1