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04/07/1997April 7, 1997 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, April 7, 1997, 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 Vernon E. Swanson Michael Swartz Absent: Bernard Forrest, Mayor 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 previous meeting. The motion passed unanimously. PROCLAMATION- BUILDING SAFETY WEEK Mayor Pro Tem Rosenthal read a proclamation designating the week of April 6 -12, 1997, as Building Safety Week in Deerfield. She urged all citizens to participate in activities to help promote building safety, to create awareness as to the importance of construction and building codes, and to spotlight the role of dedicated building officials in administering those codes. Trustee Swartz made a motion, seconded by Trustee Swanson, to accept the proclamation. The motion passed unanimously. Building inspectors Jeff Hanson and Clint Case were in attendance to accept the proclamation. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE APPROVAL OF FINAL DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT - HERITAGE PROPERTY GROUP, 190 WAUKEGAN ROAD development should therefore be ap REPORTS It is the recommendation of the Plan Commission that the final development plan for 190 Waukegan Road submitted by Heritage Property Group is in substantial conformance to the previously approved. preliminary development plan, and the petitioner's final proved. 0 1 Trustee Seidman made a motion to accept the Plan Commission Report and direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. Wendall Hollan and Tony Stevens of Heritage Property Group were in attendance to respond to questions from the Board. ` Trustee Swartz expressed concern that the size and location of the entrance sign would obstruct the line of sight for drivers exiting onto Waukegan Road. After discussion it was agreed that the petitioners will work with staff to determine the best location for the sign. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Mr. Stevens commented that construction on the project will begin on June 1. The building has been approximately 50% pre - leased. REPORT AND RECOMMENDATION OF PLAN Deerbrook Shopping Center is requesting an COMMISSION RE REQUEST FOR AMENDMENT amendment to their previously approved TO PREVIOUSLY APPROVED SIGNAGE signage plan due to the T.J. Maxx store that PLAN, DEERBROOK SHOPPING CENTER, will be opening there soon. At a public T.J. MAXX hearing held on March 27, the Plan Commission voted 4 -0 (with one recuse) to recommend that: (1) the petitioner's request for an amendment to an existing signage plan and a sign modification to permit two business wall signs to be located on the front of the shopping center for T.J. Maxx be approved; (2) the petitioner's request for an amendment to an existing signage plan for the new development identification signs for Deerbrook Mall and a modification of the sign regulations to permit (a) development identification signs of 167 square feet per sign in lieu of the 59 square feet permitted; (b) the name of the mall ( Deerbrook Mall) on the secondary mall entrance signs; and (c) the secondary mall entrance signs to be 167 square feet in lieu of the 64 square feet permitted be approved; and (3) the petitioner's plans to reface the facade of the Deerbrook Mall from Connie Pagano's south to Boston Market be approved. Trustee Seidman made a motion to accept the Plan Commission report and direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. Joe Valenti, Jr. and Michael Lisula of Deerbrook Mall, Vic Laska of North Shore Sign Co. and John Talke of Otis Associates were present to respond to questions from the Board. After a 2 1 discussion, mostly to clarify the design of the neon tube light fixtures, the motion passed unanimously. REPORT AND RECOMMENDATION OF BZA A public hearing was held by the BZA on March RE REQUEST FOR MODIFICATIONS TO 11 to consider the request of Michael Rizzo, SIGNAGE PROVISIONS, MIKE RIZZO, 825 Waukegan Road, for modifications to 825 WAUKEGAN ROAD, AND REQUEST Article 9 of the Deerfield Zoning Ordinance FROM MR. RIZZO FOR A GRANT UNDER to permit a shared business sign in the THE VILLAGE FACADE REBATE PROGRAM existing box on the south wall, a 3' x 3' business wall sign on the east wall, and awning signage on the west wall for a use occupying the second floor. By of vote of 5 -1, the BZA voted to recommend that the signs requested, requiring modification, be granted. The modification would allow a 41x 8' sign box located on the *south elevation, per ARC recommendation, to carry business sign information for the second floor tenant and an additional wall sign in the form of an awning sign for the second floor tenant, to be located over the second floor windows on the west elevation, with the restriction that the existing "My Son The Jeweler" sign be removed prior to the installation of the requested west elevation signs. In a letter to the Mayor and Board dated February 21, 1997, Mr. Rizzo requested a rebate of $20,000 under the Village Center Facade Rebate w Program to help defray the cost of his improvements to the building. Trustee Seidman made a motion to accept the BZA report and recommendation. Trustee Swartz seconded the motion. Michael Rizzo was in attendance to respond to questions from the Board. He summarized the proposed signage which will include two forest green awnings on the west ,wall (with signage), an improved sign on the south wall, and a new identification sign on the east wall. Mr. Rizzo summarized improvements that have already been made to the building and others that are planned and requested that -he be granted a $20,000 rebate under the Village Facade Rebate Program. After discussion regarding how to further improve the appearance of the south side of the building, Mayor Pro Tem Rosenthal explained that a formula is used to determine how much rebate may be granted. The maximum that may be granted is 30% of the total qualifying costs. Based on estimates of the proposed improvements (and including the east, west, and south wall improvements as eligible for the rebate) the maximum amount of Mr. Rizzo's rebate would be approximately $13,000. A vote was taken regarding granting the signage modifications. The vote was as follows: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Trustee Swartz made a motion to authorize a rebate grant to Mr. Rizzo, the amount to be based on the actual cost of qualifying facade improvements and calculated in accordance with the formula stated in the staff memo. Trustee Ehlers seconded the motion. The motion passed by the following vote: 3 AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) OLD BUSINESS AUTHORIZATION FOR MAYOR TO SIGN Attorney Robert Kenny was in attendance to REDEVELOPMENT AGREEMENT AND request authorization for the Mayor to sign APPROVAL OF FINAL SUBDIVISION a redevelopment agreement and approval of the PLAT, AND ORDINANCE 0 -97 -12 final subdivision plat for What's Cooking AMENDING ZONING MAP AND APPROVING Restaurant on the Red Roof Inn property at SPECIAL USE, WHAT'S COOKING 340 Waukegan Road, and to request passage of RESTAURANT, RED ROOF INN PROPERTY, an ordinance amending the zoning map and (TABLED 5/6/96) approving a special use. Second Reading. Trustee Heuberger pointed out two errors in the development agreement which Mr. Kenny agreed to correct. Trustee Heuberger also asked that additional information be provided regarding the financial status of What's Cooking. Mr. Kenny agreed to provide the additional information. A motion to authorize the Mayor to sign the redevelopment agreement and approval of the final subdivision plat, subject to changes in the development agreement as noted and subject to What's Cooking providing the requested financial information, passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Trustee Swartz made a motion, seconded by Trustee Ehlers, to remove from the table the ordinance amending the zoning map and approving a special use for What's Cooking Restaurant. The motion passed unanimously. Trustee Seidman made a motion to approve the ordinance, subject to approval of the financials. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) NEW BUSINESS REQUEST FROM NORTH SUBURBAN YELLOW In a letter to staff dated February 20, CAB TO DEREGULATE TAXI SERVICE OR Walter Kelly, Jr., President of North GRANT A RATE INCREASE Suburban Yellow Cab, Inc. requested that taxi fares be deregulated. As an alternate, Mr. Kelly asked that the initial flag fare be increased from $1.20 to $1.75. He also requested that reimbursement for senior taxi coupons be increased from $3.25 to $3.50 and that the rider's portion of the fare to Highland Park Hospital and the Professional Building be increased from $3.50 to $4.25. 1 Mr. Kelly was in attendance to discuss deregulation and the proposed increases. James Peterson of American Taxi was also in attendance and addressed the Board in support of deregulation. Board members were unanimous in their desire to not deregulate fares. After discussion regarding the various proposed rate increases, Trustee Seidman made a motion to increase reimbursement for senior tax coupons from $3.25 to $3.50 and to increase the rider's portion of the fare to Highland Park Hospital and the adjacent professional building from $3.50 to $4.25. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Mr. Franz noted that senior taxi fare subsidies are not currently addressed in the Municipal Code and that the Village Attorney has suggested that this be done. The ordinance to accomplish this will appear for first reading at the next Board meeting. Trustees then discussed the proposed flag fare increase, what the cost is in neighboring communities, and what the typical cab ride within Village limits costs. There was disagreement about when the flag fare was last increased and whether the proposed increase is excessive. After giving consideration to tabling the matter, Trustee Seidman made a motion, seconded by Trustee Ehlers, to increase the flagpole rate from $1.20 to $1.75. The motion failed by the following vote: AYES: Ehlers, Seidman, Swanson (3) NAYS: Heuberger, Rosenthal, Swartz (3) Mr. Stucko explained that a motion to reconsider can be made later in the meeting or at a subsequent meeting. Mr. Kelly indicated that he will do some information gathering and return to the Board to request further consideration. The approved senior increases will become effective June 1. ORDINANCE 0 -97 -13 REDUCING NUMBER An ordinance decreasing the number of Class OF CLASS E LIQUOR LICENSES FROM C liquor licenses from 9 to 8 due to the NINE TO EIGHT closing of Ermando's Restaurant. Trustee Seidman made a motion for a waiver of the rules to permit the ordinance to be voted on at first reading. Trustee Ehlers seconded the motion. The motion passed unanimously. 5 Trustee Seidman made a motion to adopt the ordinance. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)] NAYS: None (0) AUTHORIZATION TO EXTEND CONTRACT Schroeder & Schroeder has agreed to extend WITH SCHROEDER & SCHROEDER FOR the contract for the 50/50 sidewalk and curb 50/50 SIDEWALK AND CURB REPLACEMENT replacement program at the 1996 unit prices. The unit price for sidewalk is $2.58 per square foot and the cost for curb is $11.60 per lineal foot. The Director of Public Works and Engineers is recommending that the Board accept the Schroeder & Schroeder offer. Trustee Seidman made a motion to accept the offer of Schroeder & Schroeder to extend their contract for an additional year at 1996 unit prices. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) RESOLUTION R -97 -04 RE PLEDGED Village securities are held in a safekeeping SECURITIES account. The Village needs a third party for the custody of these securities, and the Federal Reserve Bank of Chicago has been selected to be this third party. The proposed resolution authorizes the funds held by the Federal Reserve Bank to be released upon signature of any two of the following: Mayor, Village Manager, Finance Director /Treasurer and Assistant to the Finance Director. Trustee Swartz made a motion to pass the resolution. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN In discussions with West Deerfield Township INTERGOVERNMENTAL AGREEMENT WITH it has been discovered that the Village and WEST DEERFIELD TOWNSHIP FOR West Deerfield-Township, are both paying to THE ANNEX insure the Annex Building (property damage only). Mr. Valentine is proposing that the Village become the insuring entity (since the Village policy is somewhat less expensive) with West Deerfield Township to reimburse the Village for their portion of the cost (40 %). Trustee Seidman made a motion to authorize the Mayor to sign the agreement. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) 6 NAYS: None (0) DISCUSSION COMMUNITY SERVICE Upon questioning from Trustee Swartz, Chief Anderson and Mr. Soyka explained the policy for selecting tasks to assign to individuals who have been sentenced by the courts to perform public service hours. CHANGE OF MEETING DATE Mr. Franz announced that due to the Passover holiday on Monday, April 21, the next Board of Trustees meeting has been rescheduled for Wednesday, April 23. EXECUTIVE SESSION Mr. Franz asked for a motion to go into Executive Session to discuss land acquisition. Trustee Seidman so moved. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:40 P.M. 1 ATTEST: 77 U' Village Clerk APPROVED: 7 Mayor �RO IZF4