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10/18/1999October 18, 1999 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 on Monday, October 18, 1999, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Absent: Bernard Forrest, Mayor John Heuberger and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. Due to the absence of the Mayor, Trustee Swanson made a motion that Trustee Rosenthal serve as Mayor pro tern for the meeting. Trustee Ragona seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES Trustee Ragona commented that in the section regarding Ordinance 0- 99 -42, he made the motion, and it was seconded by Trustee Heuberger. Trustee Ragona also requested that his questions to TCI regarding @Home and local access equipment be added to the minutes, as well as Mr. Ashley's responses. In another sentence in the same section, Trustee Swanson asked that the word "local" be inserted, so that the sentence reads, ". . . by first quarter 2000 (AT &T) hopes to also be providing local telephone services." Trustee Ragona made a motion to approve the minutes as amended. Trustee Swanson seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Seiden seconded the motion. The.motion passed by the following vote: AYES: -Harris, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None (0) TREASURER'S REPORT George Valentine presented highlights from the September Treasurer's Report. Sales Tax for September (June 1999 sales) is 12% above last year (June 1998 sales). The twelve month total is 4% above last year. As of September 30, 1999, 102.2% of cash was invested at an average interest rate of 5.47 %, which compares with an average rate of 4.804 for the 90 -day Treasury Bill. PROCLAMATION, RED RIBBON WEEK Mayor pro tem Rosenthal read a proclamation designating October 23rd - October 318t as Red Ribbon Week in Deerfield, the purpose of which is to actively involve Village residents in drug prevention activities. Trustee Swanson made a motion to accept,,. the proclamation. Trustee Seiden seconded the motion. The motion passed unanimously. Ann Meyer accepted the proclamation. She passed out red ribbons and talked briefly about activities scheduled for Red Ribbon Week. VISION 2000 UPDATE Mayor pro tern Rosenthal presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant and South Commons. 1 1 1 PUBLIC COMMENT REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR APPROVAL OF A PRELIMINARY PLAT OF RESUB- DIVISION OF PROPERTY LOCATED AT 1111 MEADOWBROOK LANE, ORREN PICKELL BUILDERS, INC. waiver of the sidewalk requirement. There was no public comment. REPORTS The Plan Commission held a public hearing on September 23rd to consider the request by Orren Pickell Builders for a preliminary plat of resubdivision of the property located at 1111 Meadowbrook Lane. By a vote of 7 -0 the Plan Commission recommended that the petitioner's request be approved with a The motion passed 7 -0. Anthony Perry, Vice President of Design for Orren Pickell Builders, explained that they propose to resubdivide the property at 1111 Meadowbrook Lane into two lots. The existing house on the southern portion of the site will remain. For the other lot, a proposed new house of 4,500 -5,000 square feet is in the design process. No variations are needed. The engineering firm of Greengard, Inc. and the Village engineers are studying how to best address concerns about drainage problems. Also, the road will be videotaped before and after construction to determine if damage was done during construction. Ray Murphy, 316 Landis Lane, member of the Meadowbrook Association, reported that he is in support of the Pickell Builders proposal. Kristine Sells, 334 Ramsey Road, also expressed support for the project. Trustee Swanson made a motion to accept the Report and Recommendation of the Plan Commission to approve the preliminary plat of resubdivision. Trustee Ragona seconded the motion. The motion passed unanimously. Trustee Seiden expressed concern that not all teardowns are handled as well as this one and wondered if the Village should enact policies and ordinances regarding this issue. Mr. Stucko responded.that the Zoning Ordinance provides bulk regulations regarding what can be built in a particular area, but there is no policy governing the ability to take down a property and put in its place something else that complies with the bulk regulations. .Trustee Swanson commented that the Plan Commission studied this issue not too long ago. Mayor pro tem Rosenthal asked that staff make the minutes of those meetings available to Trustee Seiden for his review. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR APPROVAL September 23rd. It is their recommendation OF A SPECIAL USE FOR A PRELIMINARY that Safeguard Self Storage's request for DEVELOPMENT PLAN TO PERMIT A SELF approval of a Special Use /Planned Unit STORAGE FACILITY AT 125 SOUTH Development for a Preliminary Development PrINGSTEN ROAD, SAFEGUARD SELF Plan to permit a self storage unit at 125 STORAGE South Pfingsten Road with variations for the minimum size of the site and parking in the perimeter setback, and a modification for the north wall sign be approved. The motion passed 7 -0. At its meeting on October 14`h' the Plan Commission recommended that no temporary window signage or other verbiage be displayed in the windows except for a temporary "open" sign, which can be displayed for a period of 60 days after the opening of the facility. The motion passed 5 -0. 4 Attorney Robert Kenny and architect Robert Kirk were in attendance, representing Safeguard Self Storage. In response to a question from Trustee Ragona, Mr. Kenny reported that the site will have cross easements. It will have twelve parking spaces, with seven more landbanked for use in the future if needed. In response to a question from Trustee Swanson, Mr. Soyka reported that even though the project is in Cook County, it will be required to conform to the Watershed Development Ordinance of Lake County, which is more stringent than the Cook County ordinance. Mr. Kirk showed a drawing of how the proposed building will look from Lake Cook Road. Because the sight lines will be somewhat obstructed, the petitioners are proposing a variation for the sign on the north wall. Trustee Seiden made motion to accept the report and recommendation of the Plan Commission. Trustee Swanson seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR APPROVAL September 23. It is their recommendation OF A SPECIAL USE FOR A RESTAURANT that the Bennigan's Restaurant request for a ON THE HOME DEPOT -METRA PROPERTY, special use to permit the establishment of a BENNIGAN'S RESTAURANT restaurant at 649 Lake Cook Road with a sign modification for the north wall sign be approved. The motion passed 7 -0. Representing Bennigan's, Steve Miller reported that the restaurant will have 6,500 square feet and seating for 217. In response to Plan Commission concerns, Mr. Miller reported that: • The word "Tavern" will be eliminated from their signage. Signage will now say, "Bennigan's Restaurant." • The monument sign on the north side of the building has been eliminated from the plan. • Rooftop units will be screened. • Neon tubing along the upper parapets of the building will be eliminated and a band of color used instead. Mayor pro tern Rosenthal expressed her concern that there will not be enough parking during the lunch hour. Bob Benton of the Plan Commission responded that dinner is not a concern since most of the METRA commuters will be gone by then. The Plan Commission feels that parking is adequate for lunch as well but thinks traffic flow could be improved by opening up the north east corner of the parking lot (between METRA and Bennigan's) and installing a gate which would be open during certain hours only. Mr. Miller commented that he was sure Bennigan's would be in favor of the idea, but other tenants would have to approve it as well. After further discussion, Trustee Ragona made a motion to accept the report and recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Seiden seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT August 26th. It is their recommendation that 3 TO A SPECIAL USE FOR MITCHELL PARK the request (WATER RESERVOIR AND RENOVATION special use PROJECT), PARK DISTRICT AND VILLAGE underground OF DEERFIELD be approved the pumping being provided on both the temporary and perman, motion passed 4 -0. for an amendment to an existing for Mitchell Park to permit an reservoir and other improvements subject to revised elevations for station and more information ant access to Mitchell Park. The Darryl Gavley of Baxter & Woodman explained that four sites were considered for the additional water storage reservoir, with Mitchell Park being selected as most suitable. Mitchell Park currently contains a 3,000,000 gallon underground reservoir with tennis courts built on the top. South of that area is an additional tennis court area. The Baxter & Woodman proposal is to remove the south tennis court area, construct an additional reservoir with a 2,000,000 gallon capacity on the site and then rebuild the tennis courts on top of it. Also on the site is a pumping station. It is proposed that a larger pumping station be built and, once in operation, the existing pumping station will be removed. A collapsible bollard will permit access to the pumping station by Village vehicles. The pumping station design has been modified from the original proposal. It will be prairie style and have a lower elevation than the original design. It will also be landscaped to minimize visual impact. The net loss of usable space in the park will be quite limited. The Deerfield Park District has agreed to this concept. Mr. Soyka reported that in July the Village broke an all time pumping record for the Village and found it difficult to meet the demand. There was concern that emergency water restrictions would have to be imposed. The new reservoir will strengthen the system and meet the future needs of the community. Trustee Ragona commented that inspection of homes abutting the construction area needs to be done before any construction begins. Other concerns expressed to him by affected property owners include fencing of the site, hours of construction, and construction traffic on Appletree and Arbor Vitae. Linda Gryziecki, Deerfield's Director of Parks and Recreation, presented the park district's plan for Mitchell Park. Matt Wiley of 822 Appletree, presented the Village with a petition signed by 60 area residents. The petition lists nine concerns of affected residents, among them: establishment of an escrow fund to cover unanticipated damage to their properties, tennis court lighting, fencing of the construction site, and appearance of the pumping station. Mr. Wiley also expressed his opinion that, in projects of this magnitude, the Village should contact affected residents earlier in the process before so many decisions have been made. Regarding the petition, Trustee pro tem Rosenthal commented that many of the nine points, such as fencing of the construction site, are items that are routinely incorporated into any contract the Village has with a contractor. The petition's other concerns, such as lighting, will be looked into. Melissa Bigg expressed concern that the proposed access road will ruin the appearance of the Arbor Vitae pedestrian access to the park. Mr. Franz responded that only one public works vehicle per day will use the access road. It should be possible to design the road without damaging the appearance of the pedestrian access. Linda Gryziecki assured Ms. 4 Bigg that the park district would not agree to a public works type entrance into the park. After further discussion, Mayor pro tem Rosenthal suggested that the Board accept the report and recommendation of the Plan Commission but not direct preparation of an ordinance until the concerns expressed at this meeting have been addressed. Trustee Ragona so moved. Trustee Swanson seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE RE STOP SIGNS ON WOOD- An ordinance approving stop signs on Woodland LAND DRIVE AT CRABTREE LANE Drive at Crabtree Lane. First Reading. ORDINANCE INCREASING NUMBER OF An ordinance increasing the number of Class E CLASS E LIQUOR LICENSES FROM liquor licenses from eleven to twelve. The ELEVEN TO TWELVE additional license is for On The Border Caft. First Reading. OLD BUSINESS AUTHORIZATION FOR MAYOR TO SIGN Mr. Stucko recommended that the Mayor be AGREEMENT WITH BANK OF AMERICA RE authorized to sign the agreement contingent DEERFIELD CENTRE REDEVELOPMENT upon receipt and review of a final draft of PROJECT (HELD OVER FROM 9/21/99) the agreement which will contain two items: (1) Inclusion of acceptable language acknowledging the Village's right to assume the Bank of America loan in the event of a default on the part of the developer and (2) Inclusion of acceptable language that, in the case of default, the Bank of America will continue to make loan disbursements pursuant to the construction loan, provided the Village guarantees repayment of the disbursements. Both of these points have been agreed to by the bank and the developer. In addition, the Village is waiting for: (1) additional financial information from Mesirow Financial Holdings, Inc. and (2) a guarantee of completion and a guarantee of payment from the developer. Trustee.Ragona made a motion to authorize Mayor Forrest to sign the agreement contingent on receipt and review of the above information. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None ( 0 ) AUTHORIZATION FOR MAYOR TO SIGN Mr. Stucko explained that the amendment to FIRST AMENDMENT TO REDEVELOPMENT the redevelopment agreement changes the AGREEMENT, SOUTH COMMONS PROJECT conveyancing schedule of the property. Under the terms of the amendment the Village will deliver title to Parcel A no later than December 15, 1999 and will receive $3,750,000. The Village will deliver title to Parcel B no later than April 1, 2000 and will receive an additional $3,750,000. This change will enable the developer to begin construction during the winter instead of waiting until spring. Trustee Seiden made a motion to authorize Mayor Forrest to sign the agreement. Trustee Ragona seconded the motion. The motion passed by the following vote: 5 1 L - 1 AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None (0) NEW BUSINESS DISCUSSION RE AMENDMENTS TO THE The newly amended Lake County Watershed LAKE COUNTY WATERSHED DEVELOPMENT Ordinance contains 119 amendments which ORDINANCE clarify and strengthen the interpretation of the document. In order for the Village to remain a certified community, the Village Board must pass an ordinance adopting the amended Lake County Watershed Ordinance by November 10, 1999. This can be done by reference. The Village must then submit a certified copy of the ordinance and petition for recertification to the Stormwater Management Commission. Mr. Soyka recommends that.Barbara Little be named as the enforcement officer and that he be named as the reviewing engineer. Village legal counsel will administer the ordinance. After discussion, Trustee Ragona made a motion to direct the Village Attorney to prepare an ordinance adopting the 119 amendments by reference and naming Barbara Little as enforcement officer, Mr. Soyka as reviewing engineer and Village legal counsel as administrator of the ordinance. Trustee Harris seconded the motion. The motion passed'unanimously. ANALYSIS AND AWARD OF BID FOR Two bids were received for the installation TRAFFIC SIGNAL INSTALLATION ON of traffic signals on Deerfield Road at DEERFIELD ROAD AT ROSEMARY TERRACE Rosemary Terrace. It is Barbara Little's recommendation that the contract be awarded to low bidder Hometown Electric at a cost not to exceed $219,981.20. Trustee Ragona made a motion to award the contract to Hometown Electric at .a cost not to exceed $219,981.20. Trustee Harris seconded the motion. The motion passed by the following vote: AYES: Harris, Ragona, Rosenthal, Swanson (4) NAYS: None (0) (Trustee Seiden temporarily out of the room) ANALYSIS AND AWARD OF BID FOR TRAFFIC SIGNAL MODIFICATIONS ON DEERFIELD ROAD AT ROBERT YORK AVENUE AND AT DEERFIELD SQUARE is Barbara Little's recommendation Hometown Electric at a cost not to Two bids were received for the installation of traffic signals on Deerfield Road at Robert York Avenue and at Deerfield Square. These modifications are necessary for safe access to the Deerfield Square project. It that the contract be awarded to low bidder exceed $289,940.55 Trustee Ragona made a motion to award the contract to Hometown Electric at a cost not to. exceed $289,940.55. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Swanson (4). NAYS: None (0) RECUSED: Harris (1) AUTHORIZATION TO ACCEPT PROPOSAL . The Village is preparing to install two new OF CIORBA GROUP FOR CONSTRUCTION. traffic signals on Deerfield Road (Rosemary ENGINEERING SERVICES, DEERFIELD. Terrace and Deerfield Square) and to modify ROAD TRAFFIC SIGNALS the Robert York Avenue signal. Ciorba Group C was asked to prepare a proposal to provide the Village with professional construction engineering services for the three intersections. Their fee is $42,300, plus an additional cost of approximately $3,200 for required material testing and inspection. Barbara Little recommends acceptance of the Ciorba Group proposal. After discussion, Trustee Ragona made a motion to accept the proposal of Ciorba Group in the amount of $42,300, plus approximately $3,200 for material testing. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Harris., Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None ( 0 ) LEAF PICK UP last for four weeks. DISCUSSION Jim Soyka reported that the leaf pick up program begins this coming Monday and will EXECUTIVE SESSION Mayor pro tem Rosenthal asked for a motion to go into executive session to discuss land acquisition. Trustee Ragona so moved. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None ( 0 ) ADJOURNMENT There being no further business to discuss, Trustee Ragona made a motion to adjourn the meeting. Trustee Seiden seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:55 P.M. ATTEST: I .g APPROVED: Mayor 7 1 1 1 VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION ProgEess Report October 18, 1999 Southwest Quadrant (Deerfield Square): ➢ Phase I construction continues. The Osterman Avenue retail building will be the first structure ready for occupancy in early December. ➢ Alley Cleaners will be moving their business this week to a trailer in the Commons parking lot. The 704 Waukegan Road building will then be demolished. ➢ The contractor will begin work this week on the right -turn lane into the new entrance off of Deerfield Road. The interior curb work in front of Walgreens and Whole Foods will be installed as well. ➢ Tonight's agenda includes bids opened last week on the traffic signal improvements on Deerfield Road at Robert York Avenue and at the new entrance to Deerfield Square. ➢ The Plan Commission will hold a public hearing on October 28th at 8 P.M. to consider proposed adjustments to the previously approved Final Development Plan and CRM's request for Special Uses for several restaurants. ➢ The Appearance Review Commission is scheduled to meet with the developer on Tuesday, October 19th at 7 P.M. to review the buildings in Phase II. Southeast Quadrant (Deerfield Centre): ➢ Mesirow Stein/Northern Realty has secured all of the necessary building permits for the project. Foundation work is underway on the site. ➢ Bids were opened last week on the intersection and traffic signal improvements at Rosemary Terrace and Deerfield Road. A contract is ready for Board consideration this evening. South Commons: ➢ All of the contaminated soil has been removed. Equipment will remain on the site until the latest test results are known. The request for a No Further Remediation letter will be filed by the end of this week. ➢ The James Company is grading the site for positive drainage, and hauling in dirt to install a sub -grade for their interior road and pads for their Villas. ➢ The First Amendment to the Redevelopment Agreement is on tonight's agenda. It establishes December 15th as the target date for transferring one -half of the property to James for payment of $3.5 million.