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03/15/1999March 15, 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 15, 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 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. APPROVAL OF MINUTES Trustee Seidman made a motion to approve the minutes of the previous meeting. Trustee Swartz seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Seidman made a motion to approve the Bills and Payroll. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) TREASURER'S REPORT George Valentine presented highlights from the February Treasurer's Report. Sales tax for February (November sales) are up 20% from November 1997. The twelve month total is 1% below the past year. Revenues are performing as projected. Hotel tax and the State Income Tax are still extremely strong. As of February 28, 1999 101.5% of cash was invested at an average interest rate of 5.75% which compares with an average rate of 4.55% for the 90 -day Treasury Bill. REPORT ON DEPARTMENTAL OBJECTIVES, Barbara Houpt presented highlights from the COMMUNITY DEVELOPMENT Report on Departmental Objectives for the Community Development Department. Mrs. Houpt reported that: • The Planning Division spent a great deal of time working on the Local Update of Census Addresses (LUCA). She added that the Census people are having difficulty finding people to work and suggested that the Senior Men's Club be asked to participate. • Plaza Pleasures will continue despite construction in the Southwest Quadrant. • 421 building permits have been issued over the last six months, with a construction value of almost $31,000,000. During this time period $278,688 in building permit fees was collected. VISION 2000 UPDATE Mayor Forrest presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant and South Commons. Dan Kowalewski, Supervisor of Reliability for ComEd, spent more than half an hour outlining ComEd's plans to improve reliability of electrical service in Deerfield. ComEd has identified seven areas in the Village most in need of improvement. For each of these areas Mr. Kowalewski explained the reason for the problems, ComEd's plan for remedying those problems, and the time frame for accomplishing the work. In some of the seven areas, remediation has already begun. Tree trimming and replacement of cable and /or equipment are the two main solutions. Mr. Kowalewski noted that, contrary to popular opinion, underground cable is only slightly more reliable than above ground cable as it is vulnerable to fertilizers and other chemicals as well as to the soil's freezing and thawing cycles. Proactive Reliability Improvement Programs that ComEd is putting into place include a Pole Inspection Program, an Underground Facilities Inspection Program, a'Buried Cable Replacement Program, a Lightening Protection Program, Helicopter patrol of the 34kv lines, a Frequently Interrupted Device Program, and others. In response to questioning from Trustee Rosenthal, Mr. Kowalewski agreed that ComEd will notify the Village when these reliability programs have taken place. Trustees asked several questions which Mr. Kowalewski responded to, after which residents were given the opportunity to address their specific concerns as well. Mr. Kowalewski took the names and addresses of these individuals and agreed to investigate their concerns. Mayor Forrest commended Mr. Kowalewski and Commonwealth Edison on a very ambitious program.and asked that progress reports be sent to the Village periodically. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR A RESUBDIVISION, VACATION OF RIGHT - OF -WAY, AND VACATION OF A BUILDING LINE, LILLIAN GORDON AND NEWPORT HOMES, 1222 COUNTRY LANE Country Lane be approved. The mot The Plan Commission held a public hearing on February 25. It is their recommendation that the petitioner's request for a preliminary and final plat of resubdivision, the vacation of a 30' by 120' piece of Village right -of -way, and the vacation of a building line for the property at 1222 ion passed 4 -0. Trustee Seidman made a motion to accept the report and recommendation of the Plan Commission and to direct the Village attorney to prepare an ordinance. Trustee Heuberger seconded the motion. Mrs. Houpt explained that, although the property was originally to have a Country Lane address, it would be more logical for it to have an Edgewood Court address since the rest of the properties on the cul de sac do. Trustees agreed that this should be made part of the ordinance. After discussion, the motion passed unanimously.' 2 REPORT FROM COMMONWEALTH EDISON ON REPORTS Michael Radziewicz, Commonwealth Edison's MAINTENANCE AND IMPROVEMENT PLANS new Public Affairs Director for Deerfield, WITHIN DEERFIELD TO REDUCE commented that Deerfield has been placed in ELECTRICAL POWER OUTAGES the "red" category, giving it top priority in making reliability improvements. Dan Kowalewski, Supervisor of Reliability for ComEd, spent more than half an hour outlining ComEd's plans to improve reliability of electrical service in Deerfield. ComEd has identified seven areas in the Village most in need of improvement. For each of these areas Mr. Kowalewski explained the reason for the problems, ComEd's plan for remedying those problems, and the time frame for accomplishing the work. In some of the seven areas, remediation has already begun. Tree trimming and replacement of cable and /or equipment are the two main solutions. Mr. Kowalewski noted that, contrary to popular opinion, underground cable is only slightly more reliable than above ground cable as it is vulnerable to fertilizers and other chemicals as well as to the soil's freezing and thawing cycles. Proactive Reliability Improvement Programs that ComEd is putting into place include a Pole Inspection Program, an Underground Facilities Inspection Program, a'Buried Cable Replacement Program, a Lightening Protection Program, Helicopter patrol of the 34kv lines, a Frequently Interrupted Device Program, and others. In response to questioning from Trustee Rosenthal, Mr. Kowalewski agreed that ComEd will notify the Village when these reliability programs have taken place. Trustees asked several questions which Mr. Kowalewski responded to, after which residents were given the opportunity to address their specific concerns as well. Mr. Kowalewski took the names and addresses of these individuals and agreed to investigate their concerns. Mayor Forrest commended Mr. Kowalewski and Commonwealth Edison on a very ambitious program.and asked that progress reports be sent to the Village periodically. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR A RESUBDIVISION, VACATION OF RIGHT - OF -WAY, AND VACATION OF A BUILDING LINE, LILLIAN GORDON AND NEWPORT HOMES, 1222 COUNTRY LANE Country Lane be approved. The mot The Plan Commission held a public hearing on February 25. It is their recommendation that the petitioner's request for a preliminary and final plat of resubdivision, the vacation of a 30' by 120' piece of Village right -of -way, and the vacation of a building line for the property at 1222 ion passed 4 -0. Trustee Seidman made a motion to accept the report and recommendation of the Plan Commission and to direct the Village attorney to prepare an ordinance. Trustee Heuberger seconded the motion. Mrs. Houpt explained that, although the property was originally to have a Country Lane address, it would be more logical for it to have an Edgewood Court address since the rest of the properties on the cul de sac do. Trustees agreed that this should be made part of the ordinance. After discussion, the motion passed unanimously.' 2 ti CONSENT AGENDA ORDINANCE 0 -99 -15 AMENDING SPECIAL An ordinance amending a Special Use /PUD to USE /PUD TO PERMIT THE ESTABLISHMENT permit the establishment of a food service OF A FOOD SERVICE FACILITY INSIDE facility (Hot Dog Cart) inside the Home Depot THE HOME DEPOT STORE, CUZ CUISINE Store. Cuz Cuisine. Second Reading. ORDINANCE DESIGNATING CANVASSING An ordinance designating Village President BOARD FOR APRIL 13, 1999 ELECTION Bernard Forrest, Village Trustee Harriet Rosenthal, and Village Clerk Robert Franz as the canvassing board for the April 13, 1999 election. First Reading. Trustee Seidman asked that the Cuz Cuisine agenda item be taken separately. He asked Attorney Quinn to confirm that the special use will end if and when the current applicant no longer is operator of the food service facility. Mrs. Quinn confirmed that this is the case. Trustee Rosenthal made a motion to adopt 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 ORDINANCE 0 -99 -16 RE APPROVAL OF This agenda item was tabled at the February FINAL DEVELOPMENT PLAN, SOUTH 16th Board meeting. Trustee Swartz made a COMMONS DEVELOPMENT, 2ND READING motion to remove it from the table. Trustee Ehlers seconded the motion. The ::lotion passed unanimously. Mr. Franz explained that the Board had First Reading on the Final Development Plan ordinance on February 13t. Since then staff and the developers have been negotiating the Development Agreement. The issues relate primarily to engineering and the letter of credit. The matter is now ready for Board action. Trustee Swartz made a motion to adopt the ordinance and to authorize the Mayor to sign the Development Agreement. 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 Mayor Forrest reported that the redevelopment REDEVELOPMENT AGREEMENT WITH agreement with Mesirow Stein /Northern Realty MESIROW STEIN /NORTHERN REALTY, was delayed while the developer and the S.E. QUADRANT REDEVELOPMENT Village attempted to resolve access and parking issues. There is now consensus on how these problems will be resolved. First Midwest Bank and the developer have agreed to a traffic flow plan which will serve the entire quadrant. Mayor Forrest commended First Midwest Bank for its willingness to work with the developer and the Village to find the most acceptable resolution to the access problem. In order to ease parking concerns and provide a better buffer between the development and the adjacent neighborhood, the Village will attempt to 3 1 1 purchase two properties on Whittier Avenue. A public hearing before the Plan Commission to address changes to the Plan has been set for April 8. Mrs. Quinn reported that since the last meeting several changes have been made to the redevelopment agreement. These include: addition of the two Whittier properties to the project, impact fees be paid by the developer based on the number of housing units, shortening the amount of time for providing a title insurance commitment from the Village to developer, addition of a statement that both parties need to receive all third party approvals as a condition for the .Village to be obligated to convey the property, addition of language that the developer must have satisfied all conditions to their preliminary planned unit development, and several language clarifications. to the Victor Carapella, President of First Midwest Bank, thanked the Board for their patience and the developer for his willingness to work with the bank on the issues important to them. Still to be resolved is the issue of traffic flow on the interior of the project, related to safety and security for the drive thru. Trustee Swartz made a motion that Mayor Forrest be authorized to sign the Redevelopment Agreement with Mesirow Stein /Northern Realty. Trustee Rosenthal seconded the motion. Derek Ragona, a Whittier resident, expressed concern about the impact that including the Whittier parcels in the project will have on the Poets Corner neighborhood and on the property values of the remaining homes on Whittier. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) RECUSED: Heuberger (1) NEW BUSINESS ACCEPTANCE OF IMPROVEMENTS- HERITAGE The Heritage Group has completed the DEVELOPMENT, 190 WAUKEGAN ROAD improvements for the Deerfield Retail Center at 190 Waukegan Road. All of the improvements have been inspected by the respective departments and are in general conformance with the approved plans and specifications. It is recommended that the Mayor and Board accept the Deerfield Retail Center. Ten percent of the original letter of credit will be held for the one -year warranty period. Improvements related to the parking lot connection to Carson's Ribs are secured with a separate letter of credit. Trustee Seidman made a motion to accept the Deerfield Retail Center. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) 4 DISCUSSION POST NET PETITION Trustee Seidman asked about Post Net's letter in which they claim that their petition and hearing were unnecessarily delayed. Mr. Franz responded that he believes that Post Net has misinterpreted the situation. Two petitions were received for 833 Waukegan Road in the Marshall Mall. World Wide appeared before the Plan Commission first. A subsequent Plan Commission meeting was canceled for lack of a quorum. When World Wide was approved, Post Net withdrew its petition. SOUTH COMMONS ENVIRONMENTAL Testing Service Corporation has been given REMEDIATION approval by the IEPA to proceed with the Phase I work plan for the South Commons Environmental Remediation. The plan has been reviewed by the Village's environmental consultant, Beling Consultants, and by the developer. The physical work should be done by the end of March. The results and report should be available by the end of April. A not -to- exceed budget of $75,000 is being requested for this phase of the work. Trustee Seidman made a motion to approve an amount not to exceed $75,000 for Phase I testing by Testing Service Corporation. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) DEERFIELD VILLAGE CENTRE The Village is responsible for environmental ENVIRONMENTAL REMEDIATION cleanup for the Village Centre project. The only significant clean -up needed is on the site of the former Deerfield Garage at 745 Waukegan Road. The contamination is associated with underground petroleum storage tanks. The tanks have been removed by Brandenburg Industrial Services. The Assistant Village Engineer is requesting that a not -to- exceed amount of $50,000 be approved for removal of contaminated material on the site. Trustee Swartz made a motion to approve an amount not to exceed $50,000 for removal of the contaminated material by Brandenburg Industrial Services. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) RECUSE: Heuberger (1) EXECUTIVE SESSIONS Trustee Seidman made a motion to go into Executive Session to discuss land acquisition. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Trustee Swartz made a motion to go into Executive Session on Saturday at 8:30 A.M. to discuss personnel and salary matters. Trustee Heuberger seconded the motion. The motion passed by the following vote:* 5 1 1 AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swart-7 (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion to adjourn the meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:35 P.M. APPROVED: ATTEST: M VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report March 15,1999 Southwest Quadrant (Deerfield Square): > Construction work continues on three site pads = the 4 -story office building, Walgreens and the retail building on Osterman Ave. > The Transformations Quick -take hearing has been rescheduled to April 19". Southeast Quadrant (Deerfield Center): > The Redevelopment Agreement with Mesirow Stein/Northern Realty is on tonight's agenda. With its approval this evening, the developer can proceed with engineering work required for Final Plan Approval. Our objective is to begin construction work no later than July 1S`. > Environmental remediation work is underway on the old Deerfield Garage property at 745 Waukegan Rd. South Commons: > The Development Agreement with the James Company has been finalized and, therefore, the Final Plan for the South Commons development can be approved by Ordinance this evening. > The H.D. Electric Quick -take hearing is scheduled for March IS'. > Discussions continue with the residential property owners on Central Avenue. Every effort is being made to negotiate settlements rather than filinor for condemnation.