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08/31/1998August 31, 1998 The recessed meeting of the Board of Trustees of the Village of Deerfield from August 17, 1998 was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Monday, August 31, 1998, 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 Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Attorney Shelia Quinn and Village Manager Robert Franz. OLD BUSINESS AUTHORIZATION FOR MAYOR TO SIGN This agreement provides remedies for AGREEMENT BETWEEN THE VILLAGE AND LaSalle Bank and the Village in the event LASALLE NATIONAL BANK RE: DEERFIELD the Developer defaults under either the SQUARE REDEVELOPEMNT PROJECT Redevelopment Agreement or the LaSalle loan. Key points include: LaSalle and the Village will give each other notice of any Developer default; both parties will work together to try to reach a solution in the event of a default, which may include a successor developer; and the Village retains its rights under the Redevelopment Agreement to purchase the Project and either assume the Developer's loan with LaSalle or pay off the loan. Trustee Swartz made a motion to authorize Mayor Forrest to sign an agreement between the Village and LaSalle National Bank regarding Deerfield Square Redevelopment Project. 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 FIRST The agreement amends the Redevelopment AMENDMENT TO THE REDEVELOPMENT Agreement signed in February. It recognizes AGREEMENT BETWEEN CRM PROPERTIES new legal entities established by Charles Malk. AND THE VILLAGE The Developer agrees that it will not lien the project for any fees owed to any of its affiliates. This is also the formal notification that the Village is ready to convey all ,of the property to the Developer with the exception of certain parcels in which the Village has been granted additional time to reach final negotiations. Finally, the Developer agrees not to modify its loan documents without the consent of the Village. Joe Hutchings of Bart's Barber Shop, 702 Osterman Avenue, asked of the status of the property and if it will be needed for the Deerfield Square Development. The Village Attorney indicated that the agreement provides that the Village has six months to work out an agreement with the owner. Mr. Franz responded that no decision regarding the property has yet been made. Mr. Franz also indicated that the intersection on Waukegan and Osterman is part of several intersection improvements planned for Waukegan Rd. Trustee Seidman moved to authorize the Mayor to sign the first amendment to the Redevelopment Agreement between CRM Properties and the Village. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Swanson, Swartz (5) NAYS: Seidman (1) AUTHORIZATION FOR MAYOR TO SIGN The Development Agreement is an agreement DEVELOPMENT AGREEMENT WITH that is required by the Village's Development CRM PROPERTIES Code. Key points include: the acknowledgement that the engineering department has reviewed and signed off on certain plans subject to certain conditions; the Developer has agreed to post the Letter of Credit for the public improvements in an amount equal to 125% of those improvements not picked up by the T.I.F funds; the parties will select an inspection engineer that will closely monitor the project; the mechanisms for how the T.I.F funds are disbursed to the Developer; the Developer has granted an easement to the Village with respect to the plaza park areas; the Developer will pay for and install certain storm water scrubbers and retention areas. Trustee Swartz moved to authorize the Mayor to sign the Development Agreement with CRM properties. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Swanson, Swartz (5) NAYS: Seidman (1) ORDINANCE 0 -98 -37 AUTHORIZING THE CONVEYANCE OF PROPERTIES RE: DEERFIELD SQUARE REDEVELOPMENT PROJECT Trustee Swartz moved for a waiver of the rules to permit the ordinance conveying properties to Deerland Square to be voted on at First Reading. Trustee Ehlers seconded the motion. The motion passed unanimously. Trustee Seidman made a motion to adopt the ordinance. Trustee Rosenthal seconded. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Swanson, Swartz (5) NAYS: Seidman (1) RESOLUTION R -98 -24 AUTHORIZING Pursuant to the proposed agreed order, Artemis THE PAYMENT OF PRELIMINARY will be staying open until the end of December COMPENSATION 1998, and will remain open for breakfast, lunch, and dinner at their normal hours. A reduced rental amount has been negotiated with Artemis. The agreement provides for payment of preliminary just compensation in the amount of $125,000. for termination of their leasehold interest. Trustee Swartz made a motion to adopt a resolution authorizing the payment of preliminary compensation to Artemis for their leasehold interests in the amount of $125,000. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) DISCUSSION POST OFFICE Mayor Forrest read a statement indicating the Village's opposition to the Post Office's plans to expand their current building rather then working with the Village to relocate their operations. The Mayor 2 1 F� LJ described the Village's efforts over the past three years to convince the Post Office that their operations would not be compatible with the new residential development in the area. The Village has been informed that the Post Office plans to expand their current operations without adhering to the Village's zoning procedures. The Mayor asked the Board to authorize special legal counsel Jack Siegel to file an injunction against the post office. Trustee Rosenthal moved to authorize special legal counsel to file an injunction against the post office. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) MAYOR'S PERSONAL REAL ESTATE The Mayor responded to some comments that were made by Marvin Kayne at the August 17, 1998 Board meeting. The Mayor responded that he does not own 1535 Stratford, and according to Township Assessor records it is not tax exempt. He does own two units in Coromandel, but the high listing prices that Mr. Kayne quoted were not the listing prices at the time he purchased the properties. ,EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss personnel. Trustee Seidman so moved. Trustee Rosenthal 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 Swartz made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:30 P.M. F_ _ AP OVED: Mayor Mayor Forrest's Statement Post Office Expansion August 31, 1998 Recessed Village Board Meeting Over three years ago, the Village initiated discussions with the United States Post Office regarding the relocation of their facility on Osterman Avenue. Anticipating redevelopment of the area south of the Commons, it was the Village's position that the Post Office operation would not be compatible with the new residential multi - family planned for the area. Let me emphasize that we want a retail postal service facility within our Village Center. It is the sorting/distribution aspect.,; of their operation involving large semis and substantial employee parking that cause' us concern. Although the Post Office met on occasion to discuss the issue, an alternative location was never seriously considered by them. Now, we have been informed that they intend to proceed with a 13,000 sq. ft. expansion of their current facility without. even adhering to the Village's zoning procedures. They claim that, as a Federal agency, they do not have to go through the public hearing process required of everyone else including all other units of government. While the Village wants the Post Office relocated, not expanded, we must protect the integrity of our zoning process. Therefore, I am asking the Board this evening to authorize Special Legal Counsel Jack Siegel to file an injunction against the U.S. Post Office. Having failed to convince the postal service of their obligation to petition the Village like any other property owner, we have no alternative but t(:i seek relief through the courts.