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03/01/1999March 1, 1999 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, March 1, 1999, 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 Rosenthal and that a quorum was present and in attendance. Also present were Attorney Shelia Quinn and Village Manager Robert Franz. APPROVAL OF MINUTES Trustee Heuberger made a motion, seconded by Trustee Swartz, to approve the minutes of the previous meeting. The motion passed unanimously. VISION 2000 UPDATE Mayor Forrest presented a progress report on the re- development of the Southwest Quadrant, the South- east Quadrant and South Commons. REPORTS REPORT AND RECOMMENDATION OF The Appearance Review Commission held a meeting APPEARANCE REVIEW COMMISSION on February 22, 1999, to discuss signs and window RE SIGNS AND WINDOW DISPLAYS displays for World Wide Liquors. The ARC is in favor FOR WORLD WIDE LIQUORS of uniform signage throughout Marshall Mall, no internally illuminated signs, and nothing affixed to the windows. With regards to the east elevation sign, the ARC is not if favor of relocating the existing Waukegan Road signs to the rear. The proposed lettering for World Wide Liquors is approximately six inches in height, lowercase and a simple letter style. World Wide Liquors would place a few artistic posters on easels approximately 18" from the window. The only window signage would be on the glass door which would state the hours of business. Trustee Seidman asked for a clarification as to whether this could be approved without having the proposed Facade Improvements for Marshall Mall. Attorney Quinn replied that whatever action takes place on World Wide Liquors can be made a part of the overall Ordinance. CONSENT AGENDA ORDINANCE 0 -99 -10 AUTHORIZING The Board discussed an ordinance authorizing a Class B A CLASS B SPECIAL USE AT 833 Special Use at 833 Waukegan Road to permit the WAUKEGAN RD — WORLD WIDE establishment of World Wide Liquors, which plans to LIQUORS — 2 R. relocate from 728 Waukegan Rd. Second Reading. Trustee Seidman asked that this item be removed from the consent agenda. The Board discussed the operating hours of World Wide Liquors. The owner has requested that the closing hour for Monday through Thursday be 9 p.m. rather than 8:30 p.m. which was originally approved. The owner is also requesting that she be open on the five Sundays that are holidays and operate from 11:30 a.m. to 7 p.m. Trustee Heuberger indicated that he feels the request is reasonable since some of the other stores in Marshall Mall are open until 9 p.m. Trustee Swartz indicated that he is opposed to the stacking of liquor boxes so that they could be seen through the windows on the east or west side of the building. Trustee Ehlers made a motion to adopt the Ordinance as amended to incorporate the hours of closing and stacking of boxes. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Swanson, Swartz (4) NAY: None (0) RECUSE: Seidman (1) ORDINANCE 0 -99 -11 AMENDING THE An ordinance amending the Zoning Map and approving ZONING MAP AND APPROVING AN an amendment to Special Use in P -1 Public Lands District - AMENDMENT TO SPECIAL USE IN P -1 Deerfield Park District (Jaycee Park). Second Reading. PUBLIC LANDS DISTRICT — DEERFIELD PARK DISTRICT (JAYCEE PARK) ORDINANCE 0 -99 -12 RE FINAL An ordinance re: final approval of buildings 2, 8 and 10- APPROVAL OF BUILDINGS 2, 8, AND Deerfield Square Redevelopment. Second Reading. 10 — DEERFIELD SQUARE REDEVELOMENT ORDINANCE RE AMENDMENT TO An ordinance re: Amendment to Special Use/PUD to SPECIAL USE /PUD TO PERMIT THE permit the establishment of a food service facility ESTABLISHMENT OF A FOOD SERVICE (Hot Dog Cart) inside of the Home Depot Store — FACILITY (HOT DOG CART) INSIDE OF Cuz Cuisine. First Reading. THE HOME DEPOT STORE — CUZ CUISINE ORDINANCE 0 -99 -13 AMENDING THE An ordinance amending the municipal code re: Police MUNICIPAL CODE RE POLICE Appointments and Promotions. Second Reading, APPOINTMENTS AND PROMOTIONS ORDINANCE 0 -99 -14 PROVIDING FOR An ordinance providing for the filing of the Tentative THE FILING OF THE TENTATIVE Annual Budget. First Reading. Trustee Seidman moved ANNUAL BUDGET for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. Trustee Swanson moved for passage of the Consent Agenda and adoption of the ordinances. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAY: None (0) OLD BUSINESS ORDINANCE RE APPROVAL OF FINAL An Ordinance approving the final development plan DEVELOPMENT PLAN — SOUTH of the South Commons Development. Second Reading. COMMONS DEVELOPMENT — 2 R Mayor Forrest stated that this issue will continue to be tabled until the March 15`h Board meeting. DISCUSSION RE REDEVELOPMENT Discussion re: Redevelopment Agreement with Meisrow AGREEMENT WITH MESIROW STEIN/ Stein/Northern Realty — Southeast Quadrant NORTHERN REALTY — SOUTHEAST Redevelopment. Mayor Forrest indicated that action . QUADRANT REDEVELOPMENT on the agreement will be held over until the March 15`h agenda. Mayor Forrest also read a statement indicating that 2 the First Midwest Bank's concerns over their traffic flow was delaying the project. He further indicated that any outstanding issues need to be resolved by March 15`h so that the Board could approve the document. Mr. Forrest indicated that the bank would receive a copy of the statement. Attorney Quinn stated that the redevelopment agreement is, similar to the other redevelopment agreements that the Village has approved. Key points include: 1. The Developer must demonstrate its creditworthiness to the Village. 2. The Developer must complete the retail portion of the project within 18 months of groundbreaking and the whole project within 24 months. 3. In the event the Developer desires to sell the Project, the Village will have a right of first opportunity to acquire the Project. 4. The Agreement will terminate on October 1, 2009, when the TIF District expires. NEW BUSINESS AUTHORIZATION TO RETAIN The Board discussed retaining engineering services for the ENGINEERING SERVICES FOR water main replacement on Woodvale and a portion of WATER MAIN REPLACEMENT Kenton which is a capital project scheduled for this summer. (WOODVALE AND A PORTION OF A Baxter and Woodman study of the water mains identified KENTON) additional water mains that are in need of repair in this area. Staff recommends combining the funds from budget year 98/99 and 99/00 in order to incorporate the additional water main identified by Baxter and Woodman which would minimize construction disruptions in this area. Teng & Associates proposes to complete the design engineering and construction management for a fee not to exceed $64,700. Trustee Seidman asked if the sizes of the main were going to change. Mr. Soyka replied that the mains were not going to be larger, that what is currently in place is adequate. Mr. Soyka indicated that a new method of replacing the mains may be used. It is a "trenchless technology" that allows for a lesser evasive method of installing pipe. Mayor Forrest asked if the new method was an approved format. Mr. Soyka replied that it has been approved by the EPA and that Teng & Associates were familiar with this method. Trustee Swanson made a motion to accept the proposal of Teng & Associates in an amount not to exceed $64,700. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAY: None (0) AUTHORIZATION TO RETAIN The Board discussed an authorization to retain an ENGINEERING CONSULTANT engineering consultant for the 1999 Street Rehabilitation FOR 1999 STREET REHABILITATION Program. Approximately 1.6 miles of street will be included. PROGRAM The following streets will be included in the 1999 Program: Oakwood Place; Hawthorne Place; Woodbine Court; Wilmot Road (Garand to Greenwood); Alden Court; Clay Court; Greentree Avenue; Myrtle Avenue; Woodruff Avenue; Parkside Lane; Wood Street; River Road; Byron Court (Longfellow to Hermitage Drive); Hermitage Drive; and Whittier Avenue. Ciorba Group has proposed to complete the design and construction engineering for this project for $101,200 plus the cost of material testing which is approximately $3,500. Trustee Swanson moved to retain the Ciorba Group to perform professional engineering services for an amount not to exceed $101,200 plus the cost of material testing. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAY: None (0) RESOLUTION R -99 -03 AUTHORIZING The Board reviewed the resolution authorizing the REALLOCATION OF 1999 VOLUME reallocation of 1999 Volume Cap of Private Activity CAP OF PRIVATE ACTIVITY BOND Bond to Benton, Illinois. If the Village's volume cap of TO BENTON. ILLINOIS $914,000 is not used, it is ceded back to the State. However, the Village can cede the bonds to another municipality. The general price for ceding these bonds is usually 1 %. The Village received three written requests to cede the cap to their organizations. Chapman and Cutler Bond Counsel is representing an agency proposing to construct an assisted living center in Benton, Illinois and they are willing to pay the Village 1.5% of the amount of the cap purchase. Trustee Seidman moved to pass the Resolution and to accept the proposal of Chapman and Cutler in the amount of $13,700. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAY: None (0) DISCUSSION WALGREENS Mayor Forrest advised that several We -Go Trail residents had signed in to speak on the issue of Walgreen's plans to reduce the berm on the north and west sides of the 300 Wilmot Rd. property as part of erecting a new building on the site. Village Manger Franz gave a brief history of the property indicating that approval for the third structure was approved as part of the original plan in 1972. He reported that Walgreens had the legal right to use a portion of the bermed area for parking and only needed a building permit to begin'construction. His contacts with Walgreens, however, indicated that they preferred not to alter the existing screening and may be willing to add to it as part of their overall plan which includes annexation of the 200 Wilmot Rd. property. After several residents addressed the Board and asked for Village help in getting the most effective screening possible, the Board directed staff to work with Walgreens on an agreement that would permit less parking than that required by the zoning ordinance. EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss litigation and land acquisition. Trustee Swartz so moved. Trustee Neuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Seidman, Swanson, Swartz (5) NAY: None (0) ADJOURNMENT There being no further business to discuss, Trustee Heuberger made a motion to adjourn the meeting. Trustee Ehlers seconded the motion. The motion passed unanimously. The meeting was adjourned at 9 p.m. APPROVED: Mayor ATTEST: Village Clerk El 1 1 J 1 VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report March 1, 1999 Southwest Quadrant (Deerfield Square): ➢ Excavation work for the underground parking garage should be completed this week. Concrete work on the new office building will begin next week. Excavation work for the new Walgreens building will begin next week. ➢ Environmental clean up of the old gas station at 750 Waukegan Road should be completed within ten days. Southeast Quadrant (Deerfield Centre): > Although there are still a few open items on the Redevelopment Agreement with Mesirow Stein/Northern Realty, it is on tonight's' agenda and available for public review. Final action is expected at the next Village Board meeting on March 15`x'. ➢ Staff has been working with the utility companies on interim and future service connections to the site. ➢ On March 15'', two abandoned petroleum tanks will be removed from the former Deerfield Garage property. South Commons: ➢ The Development Agreement with the James Company is still. not ready for Board consideration and, therefore, should remain tabled until the March 15"' meeting. > Negotiations continue on acquiring the residential properties along Central Avenue ➢ Quick -take hearings are scheduled for the H.D. Electric property on March e and the Touhy Lumber property on April 19th.