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06/21/1999June 21,, 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, June 21, 1999, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Steve Harris John Heuberger Derek Ragona Harriet Rosenthal William Seiden (arrived at 8:15 P.M.) Vernon Swanson and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. Mayor Forrest asked for a moment of silence in memory of Wayne Luecht, Assistant Fire Chief of the Village of Northbrook, who died earlier today as a result of injuries suffered during an electrical explosion at Northbrook Court on June 11. APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the minutes of the June 7th Board of Trustees meeting and the June 14th Committee of the Whole meeting. Trustee Ragona seconded the motion. Trustee Swanson made a clarification to the June 7th minutes, Page 2, regarding stormwater detention for the Deerfield Centre Development. A motion to approve the minutes as amended passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Swanson (5) NAYS: None (0) 25 YEAR EMPLOYEE SERVICE AWARD Mayor Forrest presented Master Officer Michael Soler with a gold watch in recognition'of twenty -five years of service to the Deerfield Police Department. PRESENTATION BY WALGREENS Ed King of Walgreens presented Mayor Forrest with a check to be used for the purchase of five defibrillators. The defibrillators will be placed in patrol cars. POLICE DEPARTMENT COMMENDATIONS Chief Anderson played a tape of an E 9 -1 -1. call from June 1, 1999. The call was made by a nurse in charge of an elderly wheelchair bound woman who was choking. E 9 -1 -1 telecommunicator Brent Reynolds successfully guided the nurse thru the Heimlich Maneuver process, and the woman's life was saved. Mayor Forrest presented a Departmental Commendation to Brent Reynolds, and an Honorable Mention to his partner Carolyn Bunnell. Chief Anderson presented a Commendation for Professionalism and Teamwork to Lt. Mark Mitchell of the Deerfield Bannockburn Fire Department who'serves as medical officer for the emergency medical dispatch program. 41. VISION 2000 UPDATE Mayor Forrest presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant and South Commons. REPORTS REPORT AND RECOMMENDATION OF CABLE Paul Diambri of the Cable and Telecommuni- AND TELECOMMUNICATIONS COMMISSION cations Commission reported that the CTC is RE METRICOM AGREEMENT recommending the Board accept the June 8,' 1999 Municipal Facilities Use Agreement with Metricom, Inc., a wireless telecommunications vendor. The agreement permits Metricom to locate approximately 44 transponders on poles at various locations within the Village (but none within the Village Center), provides for insurance and bonding, and provides for a fee to the Village. Ken Goldin of Metricom passed around a sample transponder and discussed the technology involved. It is anticipated that service to the Village will be available in the second quarter of the year 2000. After discussion Trustee Swanson made a motion that Mayor Forrest be authorized to sign the use agreement with Metricom, subject to review of recent amendments. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT May 27. It is their recommendation that Home OF.SPECIAL USE /PUD TO PERMIT THE Depot's request for an amendment to a Special ADDITION OF A TOOL RENTAL CENTER Use to permit an addition for a tool rental AT THE HOME DEPOT CENTER, 655 center, a tool rental storage area, and a LAKE COOK ROAD sign modification to allow a tool rental sign be approved. The motion passed 4 -0. Trustee Rosenthal inquired if approval from the fire department had been received. She also asked about the appearance of the sign. The Home Depot representative responded that fire department approval has not been received, but no problems are anticipated. The sign will be the same style as the lumberyard sign. After further discussion, Trustee Swanson made a motion to accept the report and recommendation of the Plan Commission, subject to fire department approval, and to direct the Village Attorney to prepare an ordinance. Trustee Ragona seconded the motion. Trustee Heuberger recused himself. All other trustees voted in favor of the motion. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST TO REZONE June 10. It is their recommendation that the THE PROPERTY AT 611 DEERFIELD ROAD, property at 611 Deerfield Road be rezoned AMEND A COMMERCIAL PUD /SPECIAL USE from R -5 General Residence to C -1 Village AND INCLUDE THE PROPERTY IN THE Center District. The motion passed COMMERCIAL PUD 4 -0 with one recuse. It is also the recommendation of the Plan Commission that the request for an amendment to a Planned Unit Development to allow the proposed development of the 611 Deerfield Road property and the amendment to the Comprehensive Plan to allow the subject property to be included in the Village Center boundary be approved. That motion also passed 4 -0 with one recuse. 2 l Mr. Franz noted that the VCDC did not have a separate report on this matter but, at their meeting of May 19, they did recommend that it be approved as part of their approval of the final plan for the Mesirow Stein /Northern Realty development. Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Ragona seconded the motion. Addressing Trustee Ragona, Mayor Forrest commented that in his opinion a trustee should not speak on any agenda item in which there is possible personal benefit to him(her)self. At the very least, the trustee should recuse him(her)self from the vote. In response, Trustee Ragona withdrew his second of the motion and recused himself from further discussion of the 611 Deerfield Road matter. Trustee Swanson seconded the motion. Trustee Heuberger recused himself from the matter. Trustees Harris, Rosenthal, Seiden and Swanson voted in favor of the motion. REPORT AND RECOMMENDATION OF PLAN . The Plan Commission held a workshop on June COMMISSION RE REQUEST TO APPROVE 10. It is their recommendation that What's FINAL LANDSCAPING PLAN FOR WHAT'S Cooking Restaurant's request for a revised COOKING RESTAURANT, 350 WAUKEGAN RD landscape plan be approved. The motion passed 5 -0. - Landscape Architect Howard Caren explained that the original landscaping plan was done almost ten years ago by the building architect. As the plan for the development changed over the years, the landscaping plan was not also changed, and it is no longer appropriate for the property. Mr. Caren added that the new plan has fewer shrubs but more trees and more plant materials as a whole. In response to a questions from Trustee Rosenthal, Mr. Caren commented that the change in the landscaping plan was not made for economic reasons and is, in fact, more costly. Trustee Heuberger made a motion to accept the Plan Commission Report and Recommendation. Trustee Rosenthal seconded the motion. The motion passed unanimously. The restaurant is scheduled to open June 29. CONSENT AGENDA ORDINANCE 0 -99 -29 RE APPOINTMENTS An ordinance adding the Deputy Chief of TO THE EMERGENCY TELEPHONE SYSTEM Administrative Services of the Police BOARD Department to the Emergency Telephone System Board. Second Reading. ORDINANCE 0 -99 -30 ESTABLISHING An ordinance establishing prevailing wage PREVAILING WAGE RATES rates. Second Reading. ORDINANCE APPROVING SPECIAL USE An ordinance approving a special use to PLANNED UNIT DEVELOPMENT FOR 120 to permit a three lot subdivision at 120 and AND 130 KENMORE AVENUE 130 Kenmore Avenue. First Reading. RESOLUTION R -99 -11 R MFT A resolution appropriating the expenditure of MAINTENANCE OF STREETS AND HIGHWAYS $414,000 in Motor Fuel Tax Funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code. 9 Trustee Rosenthal made a motion for passage of the Consent Agenda and adoption of the ordinances and the resolution. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) Mayor Forrest commented that he is changing the longstanding policy of doing roll calls in alphabetical order. In the future, the secretary will alternate the order in which trustees names are called, so that the same trustee will not always vote first or last. OLD BUSINESS PUBLIC HEARING ON STORMWATER Mayor Forrest called to order the Public VARIATION FOR DEERFIELD CENTRE Hearing for the stormwater variation for the DEVELOPMENT Deerfield Centre Development. Mr. Franz reported that all notification requirements for the public hearing have been met. Attorney David Norton commented that the developer is providing the required on site stormwater management. The Village must now determine whether it would be beneficial to have additional stormwater detention beyond the legal requirement. The developer is working with staff to determine what additional amount, if any, to provide. Mr. Norton added that any detention that the Village decides- upon over the required amount will be provided at Village expense. Michael Lukich reviewed Gewalt Hamilton Associates' engineering study of existing conditions downstream of the proposed Deerfield Centre site, which concluded that Deerfield Centre will not contribute to downstream problems. Mr. Lukich then reviewed the stormwater detention proposal for the Deerfield Center site. Detention will be in a box culvert, in stormwater pipes below the parking lot and, during some heavy storms, on the surface of a portion of the parking lot. Mr. Lukich noted that the Lake County Stormwater Management Ordinance variation being requested requires that the rate of run off for a new development not exceed the amount that currently exists. In Mr. Lukich's opinion, the amount of run off at the Deerfield Centre development will be less than before the site was demolished. Trustee Harris commented that individuals with property contiguous to the Deerfield Centre site should be informed of the Gewalt Hamilton study and given the opportunity to respond through their own professionals. Mayor Forrest responded that staff will notify those individuals that this matter will be on the next Board agenda for final decision, and they should come in and look at the proposal. Rich Jacobson, 572 Whittier, commented that the Village should be skeptical of the conclusions of the_ developer's professionals. Rather than find out too late that there is not enough water detention capacity, he would opt for as much as is economically feasible. Sue Ragona of 568 Whittier echoed Mr. Jacobson's sentiments. Mayor Forrest directed the Village engineers to study the ponding problem in that area and be prepared at the next meeting to discuss whether it can be remedied, how, and at what cost. 4 I \ , There being no other comments, Trustee Ragona made a motion to adjourn the public hearing. Trustee Rosenthal seconded the motion. The motion passed unanimously. ORDINANCE AMENDING ZONING MAP AND On June 8 Mr. Franz sent a letter to Northern APPROVING SPECIAL USE FOR Realty's Michael Tobin which listed items DEERFIELD CENTRE, MESIROW STEIN/ requiring further study. In response to that NORTHERN REALTY, FIRST READING letter, the Mesirow Stein /Northern Realty team discussed at some length their plans for the Rosemary/ Deerfield intersection, the exit drive from the First Midwest Bank onto Waukegan Road, the Appearance Review Commission recommendations, landscaping to buffer neighboring residences from the development, and whether medical offices on the second floor should be a permitted use or a special use. Regarding signage, Mr. Norton emphasized that the developers feel that a second floor sign for the tenant at the corner of Deerfield and Waukegan (which will be that tenant's only identification), is very important. Also important is the proposed awning signage for first floor tenants. Both the second floor signage and the awning signage were denied by the Appearance Review Commission. The developer's signage package for the first floor tenants would consist of three types of signs - a wall sign, an awning sign, and •a blade sign. The sign package was discussed in detail. Trustee Rosenthal indicated that she is strongly opposed to so much signage, stating that no matter how good the signs may look in this case, a bad precedent will be set. In her opinion, there should be no awning signs. Trustee Swanson made a motion to accept the sign package as presented - a blade sign, a wall sign, and an awning sign for each first floor tenant, and one second floor sign for the second floor business on the corner of Deerfield and Waukegan. No one seconded the motion. Trustee Ragona reported that he is recusing himself from this matter pending clarification from counsel. Trustee Rosenthal made a motion to accept the second floor sign, the blade signs and the wall signs. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Harris, Rosenthal, Seiden, Swanson (4) NAYS: None (0) RECUSED: Heuberger, Ragona (2) There was further discussion of the awning signs, during which Mr. Tobin stated that he would have no objection to requiring that all awning signage have a uniform style of type face. Trustee Swanson made a motion to approve awning signage with uniform type face'and size. Trustee Harris seconded the motion. Trustee Rosenthal reminded the trustees that the Board has never before allowed so much signage, and that this would set a bad precedent. The motion passed by the following vote: AYES: Harris, Seiden, Swanson (3) NAYS: Rosenthal (1) RECUSED: Heuberger, Ragona (2) At 10:00 Mayor Forrest called a brief recess. He recalled the meeting to order at 10:10. 0 ORDINANCE 0 -99 -31 RE ILLINOIS GIFT An ordinance prohibiting and enforcing the BAN ACT solicitation and acceptance of gifts by public officials and employees. Second Reading. The Village Attorney will serve as ethics officer. Trustee Rosenthal moved for adoption of the ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR 1999 This agenda item was tabled at the June 7th STREET REHABILITATION PROGRAM meeting. Trustee Rosenthal made a motion to remove it from the table. Trustee Heuberger seconded the motion. The motion passed unanimously. Mr. Franz reported that staff met with Landmark Contractors and Ciorba Group on June 9 to discuss staging and phasing of the work, notification to affected property owners, and the necessity for Ciorba to carefully police the work. Mrs. Little elaborated on the enhancements made to this year's program to help it run more smoothly. Mayor Forrest commented that there is nothing in the report regarding pedestrian safety, and this issue needs to be addressed. The president of Ciorba Group reported that at.the end of each day their resident engineer will walk the site with the job foreman to ensure that the site is cleaned up and safe for pedestrians. Mayor Forrest stated that this should be put in writing to Landmark. The issue of financial penalties for noncompliance was discussed but decided against. Trustee Rosenthal made a motion to award the construction contract for the 1999 street rehabilitation program to Landmark Contractors for an amount not to exceed $771,438. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) RESOLUTION AUTHORIZING FINAL JUST COMPENSATIOI PROPERTIES AT 724 -734, 760 WAUKEGAN ROAD unanimously. PAYMENT OF Mr. Franz reported that J FOR received the settlement 750 AND Ragona made a motion to until the next meeting. seconded the motion. T the Village has not stipulation. Trustee table the agenda item Trustee Heuberger ze motion passed RESOLUTION R -99 -12 AUTHORIZING A resolution authorizing payment of prelim - PAYMENT OF PRELIMINARY•JUST inary just compensation in the amount of COMPENSATION FOR PROPERTY AT 721 $200,000 for the property at 721 Central CENTRAL AVENUE Avenue. This property will be used for the South Commons development. 6 Trustee Heuberger made a motion to approve the resolution authorizing preliminary just compensation in the amount of $200,000 for the property at 721 Central Avenue. Trustee Swanson seconded the, motion. The motion passed AYES: Harris, Heuberger, by the following Ragona, Rosenthal, vote: Seiden, Swanson (6) NAYS: None (0) 6 1 1 J RESOLUTION R -99 -13 AUTHORIZING A resolution authorizing payment of prelim - PAYMENT OF PRELIMINARY JUST inary just compensation in the amount of COMPENSATION FOR PROPERTY AT $400,000 for the property at 725 -729 Central 725 -729 CENTRAL AVENUE Avenue. These properties will be used for the South Commons development. Trustee Heuberger made a motion to approve a resolution authorizing payment of preliminary just compensation in the amount of $400,000 for the properties at 725 -729 Central Avenue. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden,•Swanson (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Three competitive bids for a new (year 2000) 36,220 G.V.W.R. DUMP TRUCK 36,220 G.V.W.R. dump truck were opened and publicly read on June 15. It is the recommendation of the Director of Public Works and Engineering that the truck be purchased from Lake County Truck Sales at a cost not to exceed $39,600 with trade in. Trustee Rosenthal made a motion to award the bid to Lake County Truck Sales at a cost not to exceed $39,600 with trade in. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Two competitive bids for a new (year 2000) ONE TON DUMP TRUCK 4 -wheel drive conventional truck and dump body were opened and publicly read on June 15`h. It is the recommendation of the Director of Public Works and Engineering that the truck be purchased from Hoskins Chevrolet, Inc. at a cost not to exceed $20,515 with trade in. Trustee Swanson made a motion to award the bid to Hoskins Chevrolet, Inc. at a cost not to exceed $20,515 with trade in. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR One competitive bid for a new (year 2000) PICK UP TRUCK 4 -wheel drive truck with 8' pickup body was opened and publicly read on June 15`h. It is the recommendation of the Director of Public Works and Engineering that the truck be purchased from Hoskins Chevrolet Inc. at a cost not to exceed $16,790 with trade in. Trustee Ragona made a motion to award the bid to Hoskins Chevrolet, Inc. at a cost not to exceed $16,790 with trade in. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) 7 AUTHORIZATION FOR MAYOR TO SIGN This agreement between the Village and METRA AGREEMENT FOR OPERATION.AND is for the property surrounding the Deerfield MAINTENANCE OF COMMUTER PARKING Road train station (commuter parking FACILITY WITH METRA, DEERFIELD facility and landscaping) on both sides ROAD TRAIN STATION of the railroad tracks. Under the terms of the agreement, the Village agrees to pay METRA an annual use fee of $7,440, the same amount as under the prior agreement. The term of the agreement is forty years. This is a standard METRA agreement. Mayor Forrest commented that he would like to have it written into the agreement that there will be no advertising signage permitted on the train platforms. Trustee Heuberger commented that the language in #3 could allow METRA to put the land to use in unforeseeable ways that might be inappropriate. Trustee Harris responded that the phrase "consistent with its current use" could be added to the language in that section. Trustee Harris also suggested that Village counsel review the document before authorization is given for the mayor to sign it. The agreement was held over to the next Board meeting. nTq TTCCT('nN KIFERBAUM PLAN RECONSIDERATION Mayor Forrest reported that he and Trustee Rosenthal met with Jacob Kiferbaum last week regarding Mr. Kiferbaum's proposal for an office building at 730 Lake Cook Road. Mr. Kiferbaum would like to study the possibility of putting up a three story building instead of the four story building which the Board denied at its June 7`' meeting. Trustee Swanson made a motion to reconsider the Kiferbaum proposal. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) Trustee Rosenthal made a motion to table the matter. Trustee Heuberger seconded the motion. The motion passed unanimously. Mr. Kiferbaum will return to present a revised plan for the site at a future Board meeting. ATTENDANCE AT STAFF MEETINGS BY Trustee Ragona summarized a memo he sent to TRUSTEES trustees in their packets and carbon copied to the Pioneer Press and the Deerfield Community Alliance. In that memo Trustee Ragona stated his view that trustees should have a standing invitation to attend Village staff meetings. Mayor Forrest disagreed with Trustee Ragona, stating that the separation and distinction of legislative and administrative responsibilities and duties is the strength of the Trustee - Manager Plan. For this and a number of other reasons, it is inappropriate for trustees to have access to staff meetings. Trustees Swanson, Heuberger, Seiden and Rosenthal each in turn, and for reasons they enumerated, strongly supported Mr. Franz' decision to deny Trustee Ragona access to staff meetings. Several trustees also commented that it was inappropriate for Trustee Ragona to send his memo to the press and to the Deerfield Community Alliance rather than try to settle the matter informally. 8 NORTHWEST QUADRANT TASK FORCE Mr. Franz reported that there will be a meeting of the Northwest Quadrant Task Force on Wednesday, June 23rd at 7 :30 P.M. BOARD MEETING RESCHEDULED Mr. Franz reported that due to the Fourth of July holiday, the next Board of Trustees meeting will be held on Tuesday, July 6. FAMILY DAYS Trustee Rosenthal reminded everyone to come to Family Days over the Fourth of July weekend. Mr. Franz added that a schedule of Family Day activities will be listed in the next issue of D -Tales which will be mailed out shortly. PUBLIC COMMENT Melissa Bigg of 914 Appletree Lane, suggested that the Board consider a change in the order of the Board meeting agenda. She would like for the Board to hear residents' comments and questions before beginning the scheduled agenda items. Then they could go home rather than sit through the entire meeting. Mayor Forrest responded that those individuals who are on the agenda have the right to be heard first. It isn't known what the individual who merely signs in wants and how much time will be required to discuss it. ADJOURNMENT There being no further business to discuss, Trustee Swanson made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. The meeting was adjourned at 11:15 P.M. ATTEST: A Aft Village Clerk L APPROVED: Mayor 0 VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Pro egr ss Report June 21, 1999 Southwest Quadrant (Deerfield Square): ➢ The contractor is scheduled to begin work this week on the roofs of both Walgreens and the retail building on Osterman Avenue. ➢ Excavation work for the Whole Foods store should also begin this week. ➢ The building permit for First Chicago's new building at the corner of Waukegan and Deerfield Roads was issued last week. ➢ Work under the viaduct will require Deerfield Road to be closed to traffic for approximately one week in July. Southeast Quadrant (Deerfield Centre): ➢ A first reading of the ordinance on the Deerfield Centre Final Plan is expected this evening after the developer addresses issues raised by the Board at our meeting on June 71h ➢ The Village closed last week on the 611 Deerfield Road property. The Plan Commission report and recommendation to rezone it to C -1 Village Center is on tonight's agenda. ➢ The stormwater variation hearing is scheduled as part of tonight's Village Board meeting. The Lake County Stormwater Management Agency was notified of the hearing. South Commons: ➢ The Village took possession last week of the H.D. Electric property (750 Central Avenue). ➢ Resolutions for Preliminary Just Compensation are on tonight's agenda for the duplex at 725 -729 Central and the half duplex at 721 Central. They will vacate the properties by August 3&. ➢ Staff is working with the Illinois EPA on an environmental remediation plan to haul contaminated soil from 8 acres of the 10 acre site. Details on that project will be announced at the July 6h Village Board meeting. 1 1 1