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