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01/17/1983r t ,. 167 January 17, 1983 /. 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, January 17, 1983 at 8:06..P.M. The Clerk called the roll and announced that the•following were Present: Bernard Forrest, Mayor Cynthia J. Marty Edwin.B. Seidman Vernon E. Swanson1 J. Robert York Absent: Marvin W. Ehlers Jerold L. Heisler and�that a quorum was present and in attendance. Also present were Robert D.'Franz, Village Manager, and Richard V. Houpt, Village Attorney. Trustee Seidman moved, seconded by Trustee. Swanson, to approve the minutes•of the January 3, 1983.Board meeting as presented. Motion carried unanimously'. APPROVE WARRANT After a short discussion, Trustee Seidman NO. W -01 -83 moved, seconded by Trustee York, to approve the bills and payroll,.including transfers and reimbursements. Motion carried on following vote: AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) TREASURER'S REPORT Finance Director George Valentine reported' a continuing improvement in.sales tax reve- nues. He noted.that January receipts were 28% higher than last Januarfs but cau- tioned that those of any specific month do not tell the entire . story. tHe••stated, however, that the trend was certainly encouraging.• An,1ncrease of 13% had been anticipated for the year and, in spite of the fact that the,f irst,tw6'months of this year were not encouraging,.the year to,date increase is,14 %.' The Board thanked Mr. Valentine for his report. MIRAGLIA RESUBDIVISION ..Mgr. Franz reported that a public hearing was 1300 SOMERSET AVENUE held by the Plan Commission on December 9, PLAN COMM. REPORT /RECOMM. 1982 to consider the application of Frank.J. Miraglia for resubdivision of the property located at the northwest corner of Somerset and Prairie Avenues. The Plan. Commission, on a vote of 4 -0, recommended that the resubdivision be•approved as proposed and that no dedication for a future street be required. Trustee Swanson moved,.seconded by Trustee Marty, that the recommendation of. the P1an'Commission be accepted and that.a Preliminary Plat of r, subdivision for the property at 1300 Somerset Avenue be approved. Mayor Forrest stated that an affadavit of support for the resubdivision had., been submitted by a large number of neighbors, many of whom were present. It.. was then determined that.no one was present who wished to speak in opposition to the resubdivision. Motion to' approve the Preliminary Plat.carried unanimously. , PHIL JOHNSON /GIDDAN SUBDIVISION Mgr. Franz reported that a.pubAc hearing had LAKE -COOK AND WAUKEGAN ROADS been held by the Plan Commission on December' PLAN COMM. REPORT /RECOMM. 9, 1982 to consider a petition by the North brook Trust and Savings Bank, Trustee of Trusts Nos. 262 and 471, for a subdivision, a commercial'PUD, and a rezoning of.the southern parcel of the property commonly known as the Phil Johnson.pro- perty. The petition was later amended to.delete the request for rezoning and a. commercial PUD,with the following plan proposed: subdivision of land on which the Phil Johnson restaurant and a residence south of the restaurant are located in order'to create three lots - one containing the restaurant, an f other lot east of the restaurant on which a Pearle Vision store would be built, and a :Lot to the south of the restaurant (containing two zoning classifications, C -2 and R -2) which the owners do not wish to rezone at the present time.. 168 . The Plan Commission, on a vote of 4 -0, recommended granting of the petitioners' request for ,a Special Use.to subdivide the property as proposed, subject to the following requirements: 1. No additional new curb cuts be permitted on Lake- Cook.Road. Access to Lot 2 (Pearle Vision lot) must be.through the existing Phil Johnson Restaurant entrance. 2. Appropriate easements be established across the restaurant }lot so that the Lake Cook and Waukegan Rd. entrances can be used.' 3. When-the plans for the southern lot are presented to the.Village, a complete review of the traff.ic.will be presented. 4. The present recommendation of the Plan Commission in no way indicates ap- proval of a plan of 'development for the southern. lot.. 5. Although the southern lot', after subdivision, will be in two different zoning classes, it will be restricted..to single- family use only. 6. Drainage plans will be in compliance with the Village requirements and no variation should be granted.' Mr. Jack Seigel, Attorney for Joseph Giddan,.contract purchaser, explained that subdivision of the property into three lots was sought in order to create a small lot (already properly zoned C -2) on which -a Pearle Vision facility can be built as.well as a separate lot, with. its long standing C -2 zoning, for the restaurant and its parking, with the third lot, the largest, left with its pre4 sent 2- zoning classifications and single family use until such time.as the owners petition the Board for rezoning to permit development.: He noted that the depiction on the proposed plat of an office building for the southern lot was only for the purpose of showing possible future development. Discussion ensued with considerable attention given by the Board to the. site plan presented. It was determinted that: 1) property to the east and south of the subject site is fully developed residentially,`thereby preventing a com mercial development beyond the subject property. ,2) the restaurant lot con- tains all the parking necessary for the restaurant, 3) the lot for the Pearle Vision store provides parking in excess of the zoning requirements. Trustee York was particularly interested in the - ingress and.egress from the Pearle Vision lot. Mr. Richard Levy, attorney for the Johnson's, stated that they were concerned about a dangerous traffic situation developing due to- cars,entering from Lake -Cook Road,cutting across the restaurant parking lot to exit on Waukegan Rd. and vice versa. They were, therefore, hesitant'to give such an easement. The Johnsons, in order tol prevent Pearle Vision traffic from crossing the restaurant.parking lot, were suggesting a.roadway from Waukegan Rd. along the property line of the contract buyer with_no; access from Lake -Cook Rd. He felt the Johnson's and the contract buyer could agree- ably work out the situation before submitting .a final plat.. Vil. Att "y. Houpt advised that if the Plan Commission recommendations are adopted, appropriate easements must be established across the restaurant lot so that both Lake - Cook and Waukegan Rd. entrances can be used. Mr. Michael Schwartz, Plan Commission member,, stated that when the presenta tion was made to the Plan Commission,it was the Plan Commission's understand ing that there would be access from both roads .... that the'Johnson's concern regarding the Lake -Cook Rd. access was being voiced for the first time at the present Board meeting. Mr. Le.vy'stated that .at­ the time of the Plan Commission hearing, he had not yet contacted Mr. Seigal to work out the easements. They had, however, entered into negotiations later. Mr. Seigal requested approval of the preliminary plat, since without such Ap proval, it would be impossible for them to proceed without the easements as required by the Plan Commission.' Trustee Swanson moved, seconded by Trustee Seidman,.to accept the Plan Commis -. sions's report and recommendation, including the six requirements set forth, for a'Special Use to subdivide the Phil Johnson property. Motion ciarried unanimously.. r JIM TROM Mayor Forrest announced/ would would like to MEMORIAL FUND acknowledge what can only be.described as a WAIVE BLDG. PERMIT FEES community -wide effort - -- reacting to the.fire• tragedy of December 3rd here in Deerfield. 'As'you know, on that date, Jim Trom lost his life as a result of afire 'at his residence at 749 Deerpath Drive. A memorial fund was established for the Trom 1 1 family with several thousand dollars contributed to that fund. "In addition to that, Paul Meintzer is spearheading a drive to rebuild the Trom house. Through the efforts of Mr. Trom's neighbors, the Lions Club and other residents,, work has begun on,that project. "We are proud of this community outpouring. I am asking the Board'to waive any building permit fees connected with the rebuilding of.the Trom home." All Trustees promptly.indicated their approval of the Mayor's request, and upon motion by Trustee Marty and second by Trustee Swanson, the Board unanimously approved waiving any building fees in connection with rebuilding the Trom home. Mgr. Franz announced 'that.Theta Disposal Co. has been contributing, and will. continue to.provide, a dumpster'at the site: MANPOWER COMMISSION Mayor Forrest stated that he wished to recom -. RECOMMENDATIONS mend the following appointments: Lawrence J. Hearn Plan, Commission until November 1984 Nancy Friedman Safety Council /F Trustee'York moved, seconded by Trustee Marty, -to, Accept `tt�e Mayoh's recommenda- tions. Motion carried unanimously. / WILMOT RD. RECONSTRUCTION Trustee Seidman moved, seconded by Trustee AUTHORIZE CONTRACT SIGNING Swanson, to adopt a resolution recommending LEININGER -MID STATES PAVING CO., to the Department of.Transportitio'n the award- RESOLUTION NO. R -83 -01 -ing.to Leininger- Mid.States Paving Co., Inc. a contract in the amount of .$996,295 for the reconstruction of Wilmot Rd. Motion carried on the following vote: AYES: Marty, Seidman, Swanson, York. (4) NAYS: -None (0) WILMOT RD. CONSTRUCTION' Trustee Swanson moved, seconded by Trustee. PHASE III ENGINEERING Marty, that Mayor Forrest be authorized to sign AUTHORIZE SIGNING AGREEMENT an agreement for Phase I.II Engineering with. DONQHUE & ASSOCIATES Donohue and Associates for:.'construction of Wilmot.Road.. During a short discussion it was noted that while Deerfield's share of the expense is.$9,300 more than esti- mated in 1980, an additional contribution of $12,000 from the Illinois-Depart -. went of Transportation will offset the increased costs to the Village. Motion carried on the following vote: AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) ALLEY VACATION Mgr. Franz stated that when a petition was 902 CHESTNUT STREET considered in December for the subdivision. APPRAISAL REPORTS of the Fejes property at 902 Chestnut Street, including a.request to vacate the alley at,. the rear of the property, the Board directed Staff to get appraisals of the value of the alley. Appraisals were submitted as follows: William J. Hahn, -$1 per square foot and T. H. Whipple, $2 per square.foot. Discussion was had regarding.,the two appraisals. 'Trustee Swanson was of the opinion that the alley value should be established on a-square foot basis to be applicable to interior properties as well as those abutting streets. He favored the lower figure of $1 as being realistic in view of the area and'*the'' low -lying topographical aspect ( standing water after, rains). Trustee Marty concurred. Trustee Swanson moved, seconded by Trustee York, that $1 per square foot be es tablished as the value for.the entire alley between Walnut and.Hazel Avenues: Mr. Featherstone of Libertyville and his daughter, Mrs. Ellen Fejes of 386 W. Washington Street, Vernon Hills, were present to represent the*.petitioner. Discussion was had _regarding appraisal fees and alley vacation procedures.. Attorney Houpt advised that the Fejes. surveyor be instructed to prepare a plat of vacation for that portion of the alley he wishes to acquire. Motion to establish $1 per square foot as the value on the alley land passed unanimously. 1•r° O BRICKYARDS Mayor Forrest announced that Mr. Sven Flodstrom LAND SWAP AGREEMENT/ had requested an opportunity to discuss with RELEASE OF $500,000 TIF,FUNDS/ the Board certain critical matters concerning RESTAURANT PROPOSAL. his development of the Brickyards. Mr. Alan Stefaniak, attorney for Mr. Flodstrom, stated that they wished to re- quest: 1) release of the $500,000 Tax Increment Financing (TIF) funds, 2) finali- zation of the land trade agreement, and 3) Board .reconsideration of its negative vote on the restaurant proposed for Lot 3. Mr. Stefaniak submitted that the TIF FUNDS were a critical element for Mr. Flod- strom in beginning the Brickyard project. He pointed out.that,moving from pre- liminary stages to the present stage,commitments and purchases had.been made. He stated. that Mr. Flodstrom had believed that when he was in position-to move for- ward, the TIF funds would be available to him to use. He noted that all involved had contemplated that the C =2 and 1-71 (West) zoning, the land swap, and release of the TIF funds could occur simultaneously. However, despite work by the Village Attorney and his (Stefaniak's) associate..toward this end, "when Mr. Flodstrom was ready to acquire 34 acres of land from private owners, there was no definite user for Lot 3, the site planned for a restaurant, as Wags Restaurant had reversed its decision to locate there. He recalled that at that point the Village Board had become concerned about the developer'.s ability to make repayment on the bond issue without -a user for Lot 3. Mr. Stefaniak reported that Mr. Flodstrom had, however, later exercised the 34 acre option without village funds. But, he now faces certain commitments which he hopes to meet by using TIF funds. He.added that Mr. Flodstrom.feels that real estate and sales tax revenues from the Chi Chi's Restaurant presentkly under construction will be sufficient to retire bond payments.'during the next two years. He noted that the Village would be receiving revenues from other sites within the TIF district. He submitted that "the essential purpose of using the TIF technique was to stimu- late and promote the development of the Brickyard property" by providing the de- veloper with funds. He, therefore, requested that the $5:00,000 be released to Mr. Flodstrom at this time. Regarding the LAND SWAP AGREEMENT, he recalled that there had been a first read- ing of an ordinance authorizing the Mayor's signature upon finalization of the terms of the land swap. He stated that the Village.Attorney and h''s office had been.wo.rking on the agreement and he believed the dollar ampunt,op the trade had been established by the Village and Mr. Flodstrom. / He noted that under the terms of the agreement, Mr. Flodstrom was.to.be given the. opportunity of bidding on improvements for the park land. Also, if Mr,.Flodstrom was the successful bidder, he would be permitted to deduct the cost of such'improve- ments.from the.dollar amount he owed the Village after equalizaton'of the---land values in the swap. He went on to propose that the agreement also include giving Mr. Flodstrom the option of seeding 15 acres of the park land and receiving credit' ' against his indebtedness to the Village. Mayor Forrest pointed out.that as yet it is not known how the park land will be developed... that some areas may not require seeding and that some areas will be come lots for parking. Trustee Swanson agreed with Mayor, Forrest but felt seeding would be beneficial to all. Mr. Flodstrom replied that because he was aware of these facts, he was proposing to work, with the Village and to seed no more than 15 acres. He stated that seeding would "dress,up" the.development and assure:.parties interested in the location that the area designated "park" would indeed be developed as.such. Following discussion, the Board agreed in principle to. the inclusion in the Ex- change Agreement of a provision to permit,'at the option of the developer, seeding of a portion of park land, subject to the approval,of the Village Board. There was discussion regarding a land swap differential (presently estimated at $301,000) to be guaranteed by a Letter.of Credit at the time of the closing of the trade.agreement. Actual cash payment (less any credit for seeding) would occur either two years after the closing or at the issuance of an occupany per- mit in the R -5 PUD development, whichever is first. Returning to consideration of the $500,000 TIF FUNDS, Mayor Forrest asked Fi- nance Director George Valentine about his estimate that Chi Chi's Restaurant and the new assessment of the resubdivided property would generate approximately $41,000. Mr:: Valentine stated.that his figure did-not include-any-sales-tax or- revenues from other areas in the TIF district. However, $54,000 will be needed for Tie initial payment. Possible revenue from that portion of the TIF district in Cook County was considered. Mayor Forrest felt that ;its increased assessed 171 valuation (due to building construction),should generate enough tax revenue which, when added to the anticipated $41,000, would result in enough to meet the first $54,000 payment on the,bond issue. Mr. Valentine stated.that by sight the Cook County projects indicate significant increase, but in Cook County,a great deal depends.upon the multiplier, and it will not be known until next summer, at best, what the revenues will be. However, he stated that unless radical changes occur, he would agree with Mayor Forrest.that there should be at least.$10- 12,000 tax revenue from that area. Trustee Swanson com- mented,.''Basically, we should really look to the Brickyards alone." .Trustee Marty agreed. Trustee York stated that it was time to move on with the Brickyards project: He noted that Mr. Flodstrom had gone as far as having the road constructed and a lot.of grading done and.added. that Chi'Chi's Restaurant now looks assured. Thereafter, Trustee York moved, 'seconded by Trustee Marty, to authorize release of the $500,000 Tax Increment. Financing money, subject to the signing of.proper papers as prepared by the Village Attorney, and to authorize.issuance , of the check to Mr. Flodstrom by the.Finance Director. Discussion followed regarding-the original plans. to have the $500,000 released and the land'swap agreement signed (with a Letter of..Credit for the Village) at the same time. When Attorney Houpt was.consulted about the legality of re- leasing-the funds prior to finalization of the land swap, he replied that it was a policy decision for the Board to make. Mr..Stefaniak submitted that everything was originally. tied'together,because at that time, the $500,000 funds were needed-to excercise their option on the 34 acres which they have now acquired by another method:' Mr,. Flodstrom stated that when the TIF method was first discussed, no mention had'been made of the necessity of releasing funds at the same time as the trade.. He stated that he had thoughtthe TIF technique was to help a developer working with difficult land. He stated that certain conditions were later.imposed..:.a.certain amount of development to be started, land.swap, etc.. He submitted that he had acted' in good faith when he went ahead, because he.thoughthe.would.receive the funds when he exercised the first option. However, the Village had wanted•.to see some action on the property before releasing the funds. He stated he had com- mitments.to meet within two weeks, and did not think he could manage .a Letter of Credit on the trade agreement at this point. He stated, however., that he anticipated that everything could be finalized on the land swap within five or six weeks. Mayor Forrest stated, "I really feel we should go ahead and release the funds. I don't feel there's a significant chance of our losing anything. We may be delayed, at worst, on collecting the money.. It's not that big a problem.' Trustee York agreed, stating, :'There's no risk to the Village under the.present .circumstances." ,. Motion to release the $500,000 TIF FUNDS carried on the fo],lowing/votd: AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) Regarding a PROPOSED RESTAURANT, Mr. Stefaniak stated that,negotiations had been going on to acquire a 6.,500 -8,000 squarefoot restaurant on a 78,000 square, foot-lot ... larger than Wags.but smaller than Cattle Co. He described the res taurant as a high class, family - type. serving breakfast, lunch and dinner. The owner found no difficulty with the 20 %.and 1/3 ratio requirements of the Vil- lage's Liquor Ordinance. There would be no dance floor and no commitment to any certain architectural style,which has been a past concern of the Plan Commission: In order.to move the development along, Mr. Stefaniak asked the Board to recon sides its previous negative vote on a restaurant upon submission of a lesser request,than originally sought.. Also, if the Board requires a Plan Commission review, to refer the lesser request_back.to them fora continuation of the previously published hearing and await another report and recommendation. He added that another possibility was to. reconsider the Cattle Co. Restaurant, . which he felt wo_uld.reduce their liquor service area if the Village would agree to a dance floor. After discussion regarding the difficulty of defining "liquor areas" which change according to the time of day, as well as policing necessary to maintain order, etc. , it was the consensus of the Board that the Cattle Co. Res -. taurant was unacceptable. 172 Mayor Forrest asked Attorney Houpt whether consideration.of a smaller restaurant. would require another public hearing. Mr...Houpt stated that while he would pre fer another public hearing, the.Village ran no legal risk in referring the mat- ter of a lesser restaurant back to the Plan Commission as a continuation of the original hearing. He noted that any risk involved would.be borne by the developer, the. restaurant, and their mortgagee. However, Mr. Stefaniak stated that he would feel comfortable with a referral back to the Plan Commission inasmuch as evenTa finally approved PUD can be amended or'changed without.the necessity of, a public hearing if the change is not substantial. Trustee Seidman felt the Board could consider a new restaurant without referral back to the Plan Commission. The Board, however, did not choose to handle the matter in this manner. Thereafter, Trustee Seidman moved., seconded by Trustee Swanson, to reconsider the.vote to deny the Cattle Co. Restaurant. Motion carried unanimously. Trustee Swanson moved, seconded by Trustee Marty, to refer the matter back to,the Plan Commission for a hearing without the requirement of a.republication. Motion carried unanimously. FLOODING Mayor Forrest stated that since the last re- STATUS REPORT port two weeks ago; the Union Drainage District has decided to request formal bids'for cleaning the West Fork Branch, with opening of bids around mid- February and forty days of cleaning time anticipated. He stated that there had been conflicting news releases, and the Board has made it clear that its`loan to the Drainage District was solely for cleaning. A letter will be sent'by the Village Engineer to engineering firms_ requesting information on their credentials by February l.. The Architectural and Engineering Selection Committee and a representative ofth`e Flood Control Committee will choose three of the respondents to interview and proceed with plans..addressing the local sanitary and.storm sewer problems. The Drainage.District advilies they are very close to completing the administrative work necessary prior to the estab- lishment of a court date for consideration of a District Tax Assessment. Regarding acquisition of the Bannockburn site.for a retention basin, all the principals involved have been contacted, and there appears to be some movement on the part of IDOT and the Forest Preserve District. A further report will .be made.at the next meeting. The Village has been assured by both Senator Percy's and Congressman Porter's offices that money will be available to complete the Army Corps'. study on the North Branch. Lt. Dovas of the Army Corps of Engineers will advise Deerfield when he has official notice. There being no further business to come before the Board of Trustees, the meeting was adjourned by the Mayor at 10:04 P.M. 0 ATTEST: Vill ge C r APPROVED: 1 1 1