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11/03/1997November 3, 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 oil Monday, November 3, 1997, at 8:00 P.M. The meeting was immediately removed to the Deerfield High School auditorium because of the need to accommodate the attending public. At 8:15 Mayor Forrest called the meeting to order. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Attorney Sheila Quinn and Village Manager Robert Franz. RECOGNITION FOR FARMERS MARKET Mayor Forrest thanked Joan Reed, Julie Sherman, and Pat and Tom Jester for their successful summer with the Deerfield Farmers Market. RECYCLING PROCLAMATION Trustee Seidman reported that the U. S. Environmental Protection Agency has declared that November 15 will be America Recycles Day. He then read a proclamation designating November 15 as America Recycles Day in Deerfield. Trustee Rosenthal made a motion to accept the proclamation. Trustee Ehlers seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES Trustee Seidman made a motion to approve the minutes of the previous meeting. Trustee Swartz seconded the motion. Trustee Heuberger noted that the section on the skateboard /rollerblade plaza does not show a second on the motion to accept the recommendations of the Plan Commission and the VCDC. Trustee Heuberger had seconded that motion. A motion to pass the minutes as amended passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE FINAL PLAT OF October 10 to consider the request of Bruce RESUBDIVISION, 780 AND 790 Blietz for approval of a final plat of TANGLEWOOD, BLIETZ resubdivision for 780 and 790 Tanglewood Court in the Kings Cove subdivision. By a vote of 4 -0, the Plan Commission approved the petitioner's plans for a preliminary and final plat of resubdivision. Trustee Seidman made a motion to accept the report and recommendation of the Plan Commission and to authorize Mayor Forrest to sign the plat. Trustee Swartz seconded the motion. The motion passed unanimously. PUBLIC HEARING RE PROPOSED AMENDMENTS TO THE VILLAGE CENTER TIF DISTRICT REDEVELOPMENT PLAN - SOUTHEAST AND SOUTHWEST QUADRANTS Mr. Franz reported that a copy of the legal notice of this meeting was sent to every property owner within the TIF district. The legal notice was published in The Deerfield Review on October 9 and October a.a 16, and the legal notice was sent to all local taxing bodies and the Illinois Department of Commerce and Community Affairs. That agency responded in a letter dated October 16, 1997 that, "The information sent to the department regarding the proposed amendment meets the statutory requirements of notice concerning the hearing. . ." No other written comments were received. Mayor Forrest read a statement summarizing the history of downtown development efforts in Deerfield from the time it first became a topic of conversation with the Village Board almost thirty years ago up until the present time. A copy of that statement is attached and made a part of these minutes. Mr. Franz explained that a Tax Increment Financing (TIF) district is a funding mechanism created by the State to promote development or redevelopment in an area that is not experiencing development. He explained how a TIF district works and noted that it can last for a maximum of 23 years. The downtown TIF district will expire in the year 2009. Mr. Franz explained that the redevelopment plan being amended at this meeting is a very broad, general framework of what TIF eligibility creates. It is not a detailed site plan nor a line item budget. Using an overhead projector, Mr. Franz showed the area of Deerfield that is included in the TIF district and described several public improvements made to date. Charles "Chuck" Malk of CRM Properties Group, introduced himself, then gave an brief overview of his plan for the southwest quadrant. The development plan covers an area of about 17 acres, of which 6 acres is the Deerfield Commons Shopping Center, which Mr. Malk owns. The development will include a grocery, drug store, restaurants, and other retail and office space. All buildings are designed as two story with the exception of some outlots which are one story. A boulevard street is planned within the site with on street parking and street lights. In total, 195,000 square feet of retail is planned, 65% more than is in the area currently. The amount of office space will be similar to the current amount. Buildings will be constructed of masonry and stone with slate roofs. A masonry and wrought iron fence will surround the development. Mr. Franz reported that if Mr. Malk's plan is approved, seventeen pieces of property owned by 13 individuals would have to be acquired. Mr. Franz then read the written changes to the redevelopment plan which consist primarily of acquiring additional property. George Valentine reported that in order to accomplish the plan as shown, the Village would need to add approximately $18,000,000 to the existing TIF budget of $20,389,000. The additional funds would be used primarily for land acquisition and site preparation. A bond issue of $18,000,000 to be paid back by 2009 is planned for this purpose. Principal and interest would be paid by revenues from the TIF district. Mr. Franz explained that a statutory requirement of the formation of the TIF district was the formation of a Joint Review Board consisting of representatives from the major taxing bodies. That Board met and reviewed the Malk proposal on October 1. At that meeting a motion was made stating that, "The Joint Review Board finds no objections to the proposed amendments to the TIF Redevelopment Plan." The motion passed unanimously. Mr. Franz noted that the group was not passing judgment on the physical plan but rather on the economics which they believe will benefit them in the long run. Oq 1 1 2.81 Mayor Forrest opened the meeting to public comment. Everyone wishing to make a comment was given the opportunity to do so, and over the next 1 -3/4 hours, approximately 45 people came forward to state their views on the proposed project. Some of the comments of those opposed to the project were: (1) The plan is not fair to current merchants and their employees. Businesses will have to close and jobs will be lost; (2) Merchants should be reimbursed for the loss of business and /or for the cost of relocation; (3) Retail space in the new development will be too expensive for current business owners; (4) Redevelopment of the southwest quadrant should not be undertaken until redevelopment of the southeast quadrant is done; (5) Traffic problems will worsen; (6) Small locally owned businesses are better in many ways than national companies; (7) This area does not meet the criteria for a TIF district; (B) A survey and /or referendum should be done to see what Village residents really want. Some of the comments in favor of the redevelopment included: (1) The downtown is deteriorating and needs to be redeveloped; (2) It is better to redevelop all at once in a uniform way than to redevelop piecemeal; (3) Though some merchants may be hurt, the plan is beneficial for most residents; (4) It is a well thought out and beautiful plan that has-the support of most residents; (5) Deerfield residents are forced to do most of their shopping elsewhere. New businesses should be encouraged to locate in Deerfield; (6) Most of the negative comments regarding the plan are self serving; (7) The Village Center clearly needs a total overhaul, not a facelift. There being no further public comment, at 10:25 Trustee Rosenthal made a motion to close the public hearing. Trustee Swartz seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE APPROVING AMENDMENT TO An ordinance approving an amendment to a SPECIAL USE IN P -1 PUBLIC LANDS special use in a P -1 Public Lands District DISTRICT, SKATE PLAZA IN JEWETT to permit construction of a skateboard/ PARK rollerblade plaza in Jewett Park by the Deerfield Park District. First Reading. ORDINANCE 0 -97 -48 RE An ordinance imposing a municipal telecom - TELECOMMUNICATIONS MUNICIPAL munications infrastructure maintenance fee INFRASTRUCTURE MAINTENANCE FEE on telecommunications retailers operating within the Village. This 1% fee will replace the franchise fee currently being collected. It will not apply to the cable TV franchise fee. Second Reading. Trustee Seidman moved for passage of the Consent Agenda and adoption of the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) OLD BUSINESS AUTHORIZATION TO AWARD CONTRACT Five bids were received for the Waukegan FOR INSTALLATION OF TEMPORARY Road -North Avenue temporary traffic signal TRAFFIC SIGNAL AT NORTH AVENUE installation. It is the recommendation of AND WAUKEGAN ROAD McClure Engineering (Village consultant) Engineering that the bid price of and the Director of Public Works and the contract be awarded to Hecker and Company (low bidder) at $127,543.00. 3 y After discussion, Trustee Seidman made a motion to award the contract to Hecker and Company at a cost not to exceed $127,543. 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 AWARD CONTRACT Work is about to start at the Deer Park FOR ENGINEERING CONSTRUCTION Business Center (Pfingsten and Lake Cook). SERVICES, DEER PARK BUSINESS CENTER TIF funds were committed to the project for public improvements as well as unusual foundation construction consisting of dynamically compacted soil and piles. Charles W. Greengard Associates was requested to submit a proposal for engineering construction services to ensure that the project is constructed in accordance with approved plans and specifications. Ground Engineering Consultants will act as a subconsultant for all geotechnical work. Fees will be billed on an hourly basis for a not -to- exceed amount of $75,000. This will be paid by the Village from committed TIF funds. The Director of Public Works and Engineering recommends that the contract be awarded to Charles W. Greengard Associates for an amount not to exceed $75,000. After discussion, Trustee Seidman made a motion to award the contract to Charles W. Greengard Associates for an amount not to exceed $75,000. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5) NAYS: Swartz (1) Mr. Franz reported that the ordinance amending the Zoning Ordinance to permit building supply stores in the C -2 outlying commercial district, and the ordinance authorizing a special use for a building supply store, METRA /Home Depot, both tabled at the previous meeting, will remain on the table. ADJOOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:40 P.M. ATTEST: I1.A C4*AJ Village anage APPROVED: IMayor 4 c. Mayor Forrest's Statement Downtown Redevelopment November 3, 1997 Village Board Meeting Downtown Redevelopment has been a topic of conversation in Deerfield for nearly three decades. Village Boards, Plan Commissioners, downtown committees and merchants have been working on the problems associated with an old downtown situated at the crossroads of the community which continues to lose retail, experience limited private reinvestment and, in the opinion of most residents, is a visual embarrassment to the community. Although there has and always will be debate on what should be done to improve it, there is clear consensus that we can do better. In the early 1970's, a committee was formed to study the expansion of the Central Business District. In 1978, the Village Center Development Commission was created, and in 1986 the Village established a Tax Increment Financing District in hopes of attracting private /public partnership to accomplish our objective of converting the Village Center into a viable retail area which would serve as the focal point of the community. Well, it just didn't happen! The Village did what it could by planting trees, arranging for fresh flowers, constructing a plaza, putting in new sidewalks and decorative street lights and putting up seasonal decorations. We also acquired several parcels at key locations for future developments. In 1995, the Taxman Corporation took an option on the Knaak Parcel and entered into a Redevelopment Agreement with the Village. As everyone knows, the developer changed his plans several times to where it threatened to disrupt the unified development of the 3.5 acres in the southeast quadrant. The Village terminated the Agreement and is now pursuing the Knaak Property through condemnation. Are we disappointed that the project didn't materialize? Of course! But we do not regret taking the initiative, and are- still convinced that a unified development in that area will occur. The reality is such that, in it's present vacant condition, it is not substantially different than when it was occupied given the very limited retail shopping it offered. It is that type of slow but steady deterioration that threatens our entire downtown. Last year, Charles Malk purchased the Commons Shopping Center and met with Village staff to discuss redevelopment of the southwest quadrant. He was the only one of several developers who approached the Village over the years with a plan for that area that didn't insist that the Village help purchase the Commons. Mr. Malk was told that in developing his proposal he should incorporate ideas generated in workshops held with the Plan Commission and Village Center Development Commission which highlighted what they believed was needed in a redevelopment plan. They included: > a food store of approximately 40,000 sq. ft (not the mega stores which consume downtown areas with excessive parking demands) the need for Robert York Avenue to remain a secondary street in that quadrant more retail and a greater variety of stores a desire for good quality restaurants a need for office space ample parking and a coordinated parking plan a more pedestrian friendly environment, and > an architectural style that is unique, attractive and inviting to both tenants and shoppers. In working with staff on the operational issues of his proposal, Mr. Malk presented a comprehensive plan for all four quadrants. He was told at that time that the Village would focus its attention only on the two quadrants south of Deerfield Road. It is unfortunate that the four quadrant concept plan was circulated and the rumors of additional condemnation were perpetuated. They are simply not true. Last month, Mr. Malk formally petitioned the Village with his 14 acre plan. It already has been the subject of a pre - filing conference with the Plan Commission and will be considered at a public hearing before the Plan Commission on November 13th. Their recommendations will be presented to the Board in early January. There has been no deal worked out with Mr. Malk. If this proposal is found acceptable, a redevelopment agreement must be signed between him and the Village outlining the conditions under which the project would proceed. It cannot occur, however, until he has an approved final plan just as with any other land use petition that comes before this Board. The purpose of tonight's meeting, which is a public hearing on the TIF Redevelopment Plan, is to explain what the Village would consider under tax increment financing and to allow public input and reaction to that proposal. No decisions will be made this evening. The Board is here to listen. Before opening the public hearing, I would like to state the following: Redevelopment and the need to assemble properties is always an emotional issue. You must recognize that the Board is very conscious of this and sensitive to the land owners and tenants impacted by it. If the plan is approved, we'll do our best to mitigate any problems it creates. Downtown redevelopment is not unique to Deerfield. The same controversial issues are presently being debated in Northbrook, Highland Park and Arlington Heights. _ What does surprise us is the anger displayed by some who feel that we should not even be considering it. That is absurd! We have an obligation to look at all development options presented. Assembling properties, through condemnation when necessary, is a commonly used method to achieving a public purpose. Without it, the Village would not have a post office, senior housing or commuter parking. Secondly, time is running out. The TIF District expires, by law, in 2009. It is within that period that the Village is able to recoup whatever funds it spends on redevelopment. I want to emphasize that it will be through the TIF Redevelopment Fund, not additional taxes on your properties that the Village portion of any costs will be paid. Finally, I would hope that regardless of how strongly people feel on the issue of redevelopment, that we can conduct this hearing in an orderly manner. This is not a we vs. them situation. All of us are interested in a better downtown Deerfield. The Board needs to weigh the facts and consider the feasibility of this plan over the next several weeks. I would ask that everyone who wishes to speak tonight do so in a way that leaves time for others and doesn't repeat what has already been stated. This is not a popularity contest. Crowd reaction to comments is not appropriate and will only prolong the meeting. The Board will remain here until everyone is heard. As stated previously, no decisions will be made this evening. At this point, I will ask the Village Manager to present the proposed amendments to the redevelopment plan. LJ 1 Ll