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08/21/2000August 21, 2000 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, August 21, 2000, 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 Absent: Vernon Swanson and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the minutes of the previous meeting. Trustee Heuberger seconded the motion. The motion 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, Seiden (5) NAYS: None (0) TREASURER'S REPORT George Valentine presented highlights from the July Treasurer's Report. Sales tax receipts for July (April sales) are 4% below last year (April 1999 sales). The twelve month total is 14% above last year. As of July 31, 2000, 100.9% of cash was invested at an average interest rate of.6.65 %, which compares with an average rate of 5.85% for the 90 day Treasury Bill. Mr. Valentine commented that the Village has already spent about $723,000 for costs relating to the May 18th storm, and he anticipates spending another $30,000. DOWNTOWN REDEVELOPMENT UPDATE Mayor Forrest presented .a progress report on the redevelopment of the Southeast Quadrant, the Southwest Quadrant, and South Commons. REPORT ON DEPARTMENTAL OBJECTIVES, Chief Anderson presented highlights from the POLICE DEPARTMENT Report on Departmental Objectives for the Police Department. He reported that: • In the first six months of this year, the Village experienced a 15% decrease in the number of violent and property crimes. Four residences and five commercial offices were burglarized, compared to eight residences and two offices during the same reporting period last year. • 114 thefts were reported this year, compared to 142 last year. • Vandalism increased from 36 incidents last year to 46 this year. A young adult has been arrested for damage to 30 mailboxes. • Traffic accidents decreased from 386 to 351, but injuries related to those accidents rose from 41 to 44. Two bicycle accidents-were reported this year. • No classroom time was lost due to an act or threat of violence during the past school year. • School District 109 has purchased cellular 2 way phones that allow each principal to communicate directly with the Village's 9 -1 -1 Center. • The Governor has signed-the Illinois Wireless 9 -1 -1 Bill which provides authorization to accept wireless calls and provides liability protection for 9 -1 -1 centers. PUBLIC COMMENT Shepard Junior High. however, it is felt hopefully there will offenders. Jerry Kayne inquired about the status of the investigation into the vandalism at Chief Anderson reported that it is still an open case; that the vandalism was done by non - resident adults, and someday be enough evidence to arrest the suspected REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR SIDEYARD VARIATION, hearing on July 18th to consider the request HEISER, 453 HERMITAGE DRIVE of Mr. and Mrs. Greg Heiser for a variation for their property located at 453 Hermitage Drive. The variation would permit the removal and reestablishment of the roof connection between the garage and house to provide construction access to the rear yard for the purpose of constructing additions to both the house and garage, creating a two car garage. By a vote of 6 -0, the BZA voted to approve the petitioners' .request. Trustee Rosenthal made a motion to accept the Report and Recommendation of the BZA and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed unanimously. REPORT OF STAFF RE SCAVENGER George Valentine reported that requests for SERVICE PROPOSALS proposals for two day a week refuse pick up were sent to seven scavenger services. Three responded, but only one bid (BFI) was for two day per_week service, and this was at a cost approximately 40% higher than the Village's current cost. Mr. Valentine recommends that the Village reject all proposals and ask for new bids based on four day per week service. The current contract expires December 31, 2000. Trustee Heuberger commented that, in his opinion, fiscal prudence requires the Village to consider proposals for four day service, as the difference in cost to each household would be at least $75 per year. Trustees Rosenthal and Seiden inquired if, instead of going out for bids a second time, Onyx might be persuaded to accept the amount they had previously quoted for providing four day per week service. Mr. Stucko responded that, having initiated a bid.process, it would not be appropriate to deny the other scavenger service providers a chance to rebid. After discussion, Trustee Rosenthal made a motion to reject all bids and seek quotes for four day service from the scavenger providers contacted the first time. Trustee Ragona seconded the motion. The motion passed unanimously. 2 ORDINANCE 0 -00 -28 APPROVING ANNEXATION OF PROPERTY TO THE VILLAGE, 1660 BERKLEY, SZILAGYI CONSENT AGENDA An ordinance approving the annexation of 1660 Berkley into the Village, at the request of its owners, Gregg and Randi Szilagyi. Second Reading.. Trustee Rosenthal made a motion to adopt the ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS:. None (0) ORDINANCE APPROVING FINAL An ordinance approving the final development DEVELOPMENT PLAN FOR 770 LAKE COOK plan for 770 Lake Cook Road. First Reading. ROAD, FLODSTROM Sven Flodstrom requested that, because of the unavailability of precast concrete for the faoade of the building, he be permitted to use face brick instead. He would like not to have to take the time to go back to the Plan Commission for this change. Mr. Stucko commented that the Board could accept, reject or modify a change of this type without Plan Commission approval, but they would first need to see and review a revised plan.. Mr. Flodstrom agreed to provide a rendering of the project with the proposed change. OLD BUSINESS ORDINANCE 0 -00 -29 APPROVING SPECIAL An ordinance approving a special use to allow USE TO ALLOW A ROOF TOP TELECOM- a roof top telecommunications facility at 740 MUNICATIONS FACILITY AT 740 Waukegan Road, Cellular One and CRM WAUKEGAN ROAD, CELLULAR ONE AND Properties. Second Reading. CRM PROPERTIES Trustee Ragona made a motion to adopt the ordinance. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Heuberger, Ragona, Rosenthal, Seiden (4) NAYS: Harris (1) Mr. Franz reported that in September the Plan Commission will review the proposal that telecommunications providers must first study the possibility of using public sites for their towers before pursuing other locations. The Plan Commission recommendation will then come before the Board of Trustees for review and approval. DISCUSSION RE REQUEST FOR ANNEX- Mr. Franz reported that staff has met with ATION, REZONING, SPECIAL USE FOR Walgreens and the results of their meetings AN 1 -1 PUD FOR THE DEVELOPMENT OF are reflected in changes to the annexation AN OFFIC BUILDING, WALGREENS, agreement. These changes include: WILMOT ROAD • On page 8 #12: Walgreens "agrees to allocate an amount not to exceed $40,000 for those additional plantings. During,the term hereof, the Owner shall remain responsible, at its sole cost and expense, for the continued maintenance of all existing landscape elements and the new plantings in. according to Exhibit C." K] On page 8 #14: Walgreens "will make all.dedications contemporaneously with -the execution of this Agreement of portions of the Subject Property to facilitate any necessary improvement to Wilmot Road and to establish a minimum right -of -way of 50 feet measured westerly from the center line of Wilmot Road. and will pay 50% of the cost of widening of Wilmot Road along the frontage of Subject Property up to a maximum of $50,000 when such work is.undertaken and completed by the Village. If, after completion of the Final Development Plan, the Village retains a professional traffic engineering firm to study traffic ingress and egress to the Walgreen properties and.said firm determines that Illinois Department of Transportation warrants are met for traffic signals at the entrance to Walgreens, Owner will install traffic signals and related intersection improvements on Wilmot Road at its sole cost. Any existing signage placed by the Owner in the dedicated right -of -way may remain where presently located until construction of improvements on the dedicated portions of Wilmot Road require their removal." On page 9 #15: Walgreens "intends to provide sufficient interior and exterior nighttime illumination for the protection of the employees on the Subject Property. In that regard, Owner agrees that interior building lighting controls are or will be provided that will automatically shut of all interior lights at approximately 6:00 P.M. Individual lights may be turned on for individuals remaining at work but these lights will be automatically turned off every two hours. Minimal security lighting will remain on in all buildings on the Subject Property throughout the night. Owner further agrees that exterior lighting on that portion of the Subject Property known as 300 Wilmot Road will.remain on until 10:00 P.M. at which time the exterior lighting shall be reduced by 50 %. Exterior lighting may return to a full level at approximately 6:00 A.M. until approximately 8 :00 A.M. At such time as those portions of the Subject Property known as 100 and 200 Wilmot Road are remodeled, exterior lighting, including lighting controls, will be comparable to the above described conditions at 300 Wilmot Road." On page 9 #16: "If, during the Term hereof, the Sound levels from the tollway reach a level to the extent that the Tollway Authority agrees that a soundwall will benefit nearby residential property owners, Owner will not object to allowing the .extension of the existing soundwall to a point north of the existing 200 Wilmot Road.building." Walgreens architect David Erck and their real estate attorney were in attendance to respond to questions from the Board. .Trustee Harris suggested two wording changes to the Agreement. On page 8 #12, the second sentence should be amended to begin, "The Owner agrees.to allocate an amount `directed by the Village' not to exceed $40,000. . ." On page 9 #15, the second sentence should begin, "In that regard, Owner agrees that interior lighting controls are or will be provided `when the building is occupied' that will automatically. . ." There was no opposition to the first suggested change, but there was discussion regarding the second change. Instead of using Trustee Harris' proposed wording, it was decided that a date certain should be indicated for when the lighting controls will'be accomplished.. The Board and Mr. Erck agreed on a date certain of fifteen months. Trustee Heuberger thanked Walgreens for their cooperation during the most recent discussion of open issues. Other trustees agreed. Trustee Ragona made a motion for a resolution authorizing the annexation agreement, an ordinance annexing the property, and an ordinance approving the final development plan. Trustee Heuberger seconded the motion. Resident John Lyons thanked the Board and Walgreens for all they have done to help Clavinia residents. He commented, however, that the wording of Section 16 regarding the soundwall would have been more correct if it stated that sound already exceeds an acceptable level at the day care center and, in the opinion of some experts, exceeds it in the Clavinia neighborhood as well. As Walgreens has already agreed that, if the tollway agrees to an extension of the existing soundwall to a point north of the 200 Wilmot building Walgreens will not object, Mr. Erck agreed to the rewording of that section of the agreement. There being no further discussion, the motion passed unanimously. AUTHORIZATION FOR MAYOR TO SIGN Board authorization is needed for the Mayor CONTRACT TO SELL PROPERTY AT 702 to sign a contract to sell the property at OSTERMAN AVENUE TO CRM PROPERTIES 702 Osterman Avenue to CRM Properties for the selling price will be seconded the.motion. AYES: Heuberger, NAYS: None (0) RECUSED: Harris Deerfield Square redevelopment project. The $526,369.21. Trustee Ragona so moved. Trustee Heuberger The motion passed by the following vote: Ragona, Rosenthal; Seiden (4) (1) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT BETWEEN THE VILLAGE AND THE FRATERNAL ORDER OF POLICE NEW BUSINESS Mr. Franz summarized changes in the new two year contract between the Village and the Police Department, which will be retroactive to May 1, 2000. These include: • Wage increase of 3.75% for each of the two years of the contract, • Increase in the tuition reimbursement program from $125 to $150 per credit hour, • Approval of ICMA program permitting use of accumulated sick time, vacation time, holiday time and comp time to pay for health purposes in retirement, • Amount of sick time buy out raised from 140 days at &� pay to 160 days at It pay, with provision for 19th year of employment buy back of half of accumulated sick time available. • An officer killed on duty shall have the cost of burial paid by the Village, up to a maximum of $10,000. Trustee Rosenthal made a motion to authorize Mayor Forrest to sign, the agreement. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0) 5 DISCUSSION BIKE PATHS In response to Trustee Ragona's suggestion that Deerfield consider providing its citizens with some bicycle paths and perhaps tie them into existing paths in other communities, Mayor Forrest announced that a task force to study the matter is being established, with Trustee Ragona chairing it. The park district, school districts and other organizations will be asked to participate. MOSQUITO ABATEMENT In response to concerns presented to her by a resident, Trustee Rosenthal asked staff to research what is being done about mosquito abatement in other north shore communities. TRUSTEE ON THE TOWN Trustee Seiden reported that the next Trustee On the Town will be held on Saturday, August 26`h at the Farmers Market from 9:00 a.m. until noon. Mayor Forrest and Trustee Harris will attend. LIGHTING IN SOUTHEAST QUADRANT Trustee Ragona reported that staff is looking into the issue of excessive lighting in the southeast quadrant. He has received a number of complaints about the brightness of the lights in the new development. RUMORS DEBUNKED Trustee Ragona.reported on two rumors about Mayor Forrest that he has heard and would like for the Mayor to publicly debunk. One is that the Mayor has moved to Riverwoods, and the other is that the Mayor has an economic interest in property at the northwest corner of Deerfield and Waukegan. Mayor Forrest stated that neither rumor has any basis in fact. EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss litigation and personnel. Trustee Heuberger so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (D) ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Ragona seconded the motion. The motion passed unanimously. The meeting was adjourned at 9 :00 P.M. ATTEST: Village. C erk APPROVED: A Mayor f' 1 i VILLAGE CENTER REDEVELOPMENT Progress Report August 21 2000 Southwest Quadrant (Deerfield Square): ➢ Whole Foods opens to the public on Wednesday. ➢ Ami Ami has opened a temporary store on the first floor of the office building until their . permanent space is opened next to Elizabeth Arden. . ➢ The main parking lot has been paved and the new entrance to Waukegan Road opened to traffic. ➢ Construction work continues on Buildings #3 and 7 and on the car wash along Robert York Avenue. Southeast Quadrant (Deerfield Centre): ➢ November a remains the target date to complete all construction work. ➢ All paving will be completed by the end of August at which time landscaping will get started. ➢' Sopraffina's Restaurant will open on September 21�`. Starbucks, Superstand, Mail Boxes, Etc, Alley Cleaners and Pearle Vision are scheduled to open on or about October 2na ➢ One half of the apartments have signed leases, and a letter of intent has been signed for all of the second story office space. ➢ Although they have begun installing the right turn lane at Deerfield Road, the project will be delayed because an underground fuel tank was discovered during excavation. An application has been filed with the State Fire Marshal to remove the tank under EPA guidelines. South Commons: ➢ Additional permits have been issued for the villas and rowhomes. __ ➢ Work continues on the condominium building located along Osterman Avenue.