10/28/19961
1
Fj
October 28, 1996
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, October
28, 1996, at 8:00pm. The Clerk called the roll and announced that the following were:
Present: Bernard Forrest, Mayor
Marvin Ehlers
John Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon Swanson
Michael Swartz
and that,a quorum was present and in attendance. Also present was Robert Franz, Village
Manager, and Sheila Beaty Quinn, Village Attorney.
Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of
the previous meeting. The motion passed unanimously.
BILLS AND PAYROLL Trustee Seidman made a motion, seconded by
Trustee Swartz, to approve the Bills and Payroll.
The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz, Swanson (6)
NAYS: None (0)
TREASURER'S REPORT Finance Director George Valentine presented
highlights from the September Treasurer's Report.
Sales tax receipts are up 4% for the month and are 6% over the previous twelve month
period. Revenue items are meeting or exceeding projections with the exception of the
Motor Fuel Tax which is slightly off by about 2 %. It was noted that Departmental
expenses are well within projection. As of September 30, 1996, 101.5% of cash was
invested at an average interest rate of 5.42% which compares with an average rate of
5.15% for the 90 -day Treasury Bill.
It was noted by Trustee Seidman that his report shows a 4% increase in sales tax revenue
for the period of September and also states that the Sales tax receipts for that same period
were down 4 %. Mr. Valentine will amend the report to reflect that there was an increase
of 4 %.
REPORTS
REPORT AND RECOMMENDATION OF
PLAN COMMISSION REGARDING A
A REQUEST FOR APPROVAL OF THE
FINAL PLAT OF SUBDIVISION - 935
KENTON RD.
The Plan Commission has reviewed
the final plat of subdivision for the
property at 935 Kenton Rd. and finds
the final plat to be in substantial
conformance to the previously
approved preliminary. plat of
subdivision. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the
final plat of subdivision at 935 Kenton Rd. The motion passed unanimously.
REPORTS AND RECOMMENDATIONS OF The Plan Commission held a public
PLAN COMMISSION AND CABLE &
hearing on September 12, 1996. to
TELECOMMUNICATION COMMISSION
consider the request of AT &T
REGARDING A REQUEST FOR
Wireless and the Park District to
AMENDMENT TO SPECIAL USE AND
install a PCS telecommunications
GRANTING OF A SPECIAL USE/UNIQUE
facility by replacing a existing 50'
USE TO PEMIT THE INSTALLATION OF
light pole with a 85' high monopole
A CELLULAR TELECOM AUNICATION
antenna at Clavey Park. The Plan
FACILITY IN CLAVEY PARK (AT &T)
Commission voted 2 -2 on a motion
to approve an amendment to an
existing Special Use and granting of a Special Use/Unique Use to permit the installation of
a cellular telecommunication facility at Clavey Park.
The motion failed for a lack of a
majority.
The Cable & Telecommunications Commission reviewed the same request of AT &T at a
meeting on Oct. 16, 1996. On a vote of 4 -1, the Cable & Telecommunications
Commission recommended approval of the AT &T proposal.
Several people spoke on behalf and against the AT &T proposal for various reasons. Those
speaking against the petition cited concerns with health and safety, others questioned the
appropriateness of a commercial venture utilizing public lands. Those speaking on behalf
of the proposal cited reasons that it serves to benefit the community overall - by providing
a desirable communication service as well as capital improvements that would not occur
without increased taxes.
Jan Caron, President of the Deerfield Park District, provided an overview of the Park
District's efforts in educating itself with regards to wireless PCS technology, particularly
as it related to satisfying their concerns of any health or safety issues. Ms. Caron noted
that surrounding communities like Lake Forest and Buffalo Grove have also entered into
agreements with PCS providers who have built their facilities on school and Village
property.
John Riley (Richard Conner Riley & Associates), representing AT &T, informed the Board
that the overall height of the structure at Clavey Park will be shorter. than the standard
antenna AT &T will be building throughout the area. A standard antenna is about 100 feet,
while the maximum height of the antenna in Clavey Park would be 85 feet. The Board
expressed concerns with the scale of the drawings presented by AT &T.
Jesse Rotman, Chairman of the Cable & Telecommunications Commission, addressed the
Board and stated that the CTC viewed the proposal from AT &T as a creative approach to
addressing the needs of AT &T Wireless and that of the Park District. Ch. Rotman also
stated that the radio emissions that are involved with this antenna have been ruled by
federal statute as not to be a part of this discussion because the FCC and Congress has
determined that not only are these radio frequency emissions not injurious to human
health, but they should not be considered by a municipality when denying or awarding the
r-J
right to operate within the community. Ch. Rotman concluded his remarks by stating that
the CTC is trying to set a precedent by complying with the mandate to find hospitable
locations for this technology, and have it be beneficial to the community. It is for this
reason that the CTC recommended approval of this petition by a vote of 4 -1.
At the invitation of AT &T, F. Kristian Storm, M.D., addressed the Board on the subject
of health concerns raised by PCS antennas. Dr. Storm testified that PCS cellular towers
operate at approximately 3/1,000,000 of one watt, and that current nursery transmitters
and garage door openers operate at far higher wattage's. Dr. Storm stated that: the
current safety standards governing this technology is good and safe; AT &T Wireless and
all other PCS providers must be within these standards; and that there are no safety or
health hazards associated with PCS technology.
In response to Trustee Rosenthal's concerns regarding the inconclusive evidence
concerning radio emissions, Dr. Storm stated that after reviewing the materials distributed
to the Board, he determined that those articles deal with ELF emissions (Extra Low
Frequency) or power line frequency. ELF emissions, as stated by Dr. Storm, have no
established standards but have nothing to do with non - ionizing radio emissions used in
PCS technology. Based on very clear and strong scientific data, PCS technology does not
cause mutations nor adverse health effects. Dr. Storm concluded his remarks by stating
that PCS technology is based on old knowledge, redone, and very well substantiated data.
Dr. Robert Basner, 913 Castlewood Lane, appeared before the Board in opposition to the
AT &T proposal. Dr. Basner stated that he is currently the Associate Professor of
Medicine, and a Pulmologist and Critical Care Specialist, and a former faculty member of
Harvard. Dr. Basner's opposition to the antenna is based on the lack of scientific data
addressing any long term effects to children, and questions the credibility of certain
research materials utilized in qualifying the safety and health status of the antenna. As
4' ..
such, Dr. Basner's opposes the antenna on the lack of qualified empirical scientific data
that rules out any potential for long term health effects on children.
Trustee Heuberger inquired whether AT &T would be inclined to allow a provision within
their lease agreement with the Park District that provides that in the event that there is a
determination of adverse effect, operations would be suspended. Mr. Riley agreed that
those conditions would be acceptable as long as they are those findings determined by the
appropriate regulatory agency such as the FCC.
Trustee Seidman inquired about the various distances used in siting antennas. Mr. Riley
replied that a typical range for an AT &T facility is about a mile and a half, which will
likely be the same for other PCS providers. However, in highly dense areas like the City of
Chicago, such facilities may be as close as one on each block on top of a high -rise
building.
Trustee Seidman also inquired whether or not AT &T would allow another PCS provider
to co - locate on their pole. Mr. Riley informed the Board that AT &T has no problems
with co- locating with other PCS providers, and wouldn't mind such a requirement being
made conditional to approval. It was noted that if another PCS provider sought to locate
on the AT &T pole, they would also be required to go through the same process as AT &T.
t
Sheila Beary Quinn informed the Board that since the Plan Commission is a public hearing
body on requests for Special Use and that their recommendation was to deny the petition,
a majority of Trustees (4) must vote to overturn it.
Trustee Heuberger made a motion to modify the proposal by placing covenants that will
protect the Village from any violation or failures from AT &T to immediately comply with
all then applicable regulations current and future, and to allow for co- location, upon the
request of the Park District, of other PCS providers subject to the approval of all Village
ordinances and procedures, and that any lease payments, as a result of co- location should
go to the Park District.
Trustee Seidman moved to accept the Plan Commission report and recommendation.
Trustee Swanson seconded the motion. The Village attorney explained that an affirmative
vote would deny the petition, whereas a negative vote would be to reject the
recommendation of the plan commission, approve the petition, and direct the attorney to
prepare the necessary ordinance. The motion failed by the following vote:
AYES: Rosenthal, Seidman (2)
NAYS: Ehlers, Heuberger, Swartz, Swanson (4)
APPROVAL OF REDEVELOPMENT To accommodate the people in the
AGREEMENT FOR SOUTHEAST audience, Mayor Forrest diverted
QUADRANT OF THE VILLAGE CENTER from the agenda to consider the
redevelopment agreement with the
Taxman Corporation. He read a statement (attached as a part of these minutes) regarding
the proposal to redevelop the southeast quadrant of the Village Center through a
partnership between the Village and the Taxman Corporation. He emphasized that the
only issue to be considered this evening is a redevelopment agreement outlining the
parameters for moving this project along.
Mr. Franz summarized the proposed redevelopment agreement by stating that the
document had been negotiated over several months and provides for a conceptual
redevelopment plan that includes a 66,000 square foot building (first floor retail/second
floor office). It also includes a two level parking deck with 300 spaces and would involve
a new traffic signal at Rosemary and Deerfield Rd. which will be the only entrance to the
site along Deerfield Rd. The plan includes a new turning lane on Waukegan and Deerfield
Rd. to accommodate right turn movements onto Deerfield Rd. Mr. Franz noted that the
Taxman Corporation will buy the Knaak parcel and the Village will acquire the four
additional parcels needed to assemble the entire 3.5 acre tract. The Village has sixty days
to determine whether the cost of the property it has already acquired, land to be acquired,
environmental remediation and demolition exceeds 2.5 million dollars. The Village has the
option to withdraw if it elects to at that point. The project could begin construction next
Spring and would take approximately one year to complete.
Mayor Forrest then introduced Seymour Taxman who gave background on his
development firm and a brief overview of the plan. He noted that each of the existing
Knaak parcel tenants had been contacted regarding possible interest in becoming tenants in
the new building.
1
1
Several people and current tenants expressed concerns that the Village has not committed
to providing some form of relocation assistance to those being impacted by the
redevelopment. Other concerns were expressed dealing with traffic and drainage. Mayor
Forrest reminded everyone that the proposal would go through the regular plan
commission process.
After further discussion, Trustee Swartz made a motion, seconded by Trustee Heuberger,
to authorize the Mayor to sign the redevelopment agreement once all exhibits are
finalized. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz, Swanson (6)
NAYS: None (0)
ORDINANCE ATHORIZING THE Mayor Forrest stated that there were
ACQUISITION OF REAL ESTATE
AT 625, 629 AND 635 DEERFIELD RD.
AND 745 WAUKEGAN RD.
four ordinances on the agenda
authorizing Special Legal Counsel
Joseph Morrison to acquire
properties at 625,629, and 635
Deerfield Rd. and 745 Waukegan Rd. These will stand as first reading and be considered
for passage at the next meeting on Nov. 4, 1996.
REPORT AND RECOMMENDATION OF
PLAN COMMISSION REGARDING
REQUEST FOR THE REZONING OF
PROPERTY FROM A RESIDENTIAL
CLASSIFICATION TO PUBLIC LANDS
CLASSIFICATION, AND THE
AMENDMENT OF A SPECIAL USE -
METRA/DEERIELD RAILROAD STATION
AT CHESTNUT AND DEERFIELD
The Plan Commission held a public
hearing on July 11, 1996 which was
continued to Sept. 26, 1996 to
consider a request for an amendment
to a Special Use and a rezoning of
of the property from R -4 Single
Family Residential District to P -1
Public Lands District. The Plan
Commission voted unanimously
for an amendment to a Special Use
for renovations to the downtown train station. It was also the unanimous recommendation
of the Plan Commission that the train station property be rezoned from R -4 Single and
Two Family Residence District to P -1 Public Lands District.
Mr. Franz noted that Metra had delivered this evening the estimated upgrade costs for
various features of the project. Tom Jacobs, Director of Architectural Services for Rust
Engineering, presented a brief summary of the proposed improvements. It was noted that
the reason for the improvements is to bring the station up to Metra's standards and to
come into compliance with the current American's with Disabilities Act (ADA). It was
further noted that Metra acknowledges that the train station has local historic significance
and that the proposed improvements were designed to restore the look of the station as it
existed in 1918.
The Board expressed concerns with the location of crosswalks, the proposed traffic flow
and cab queuing, and the proposed number of handicapped parking spaces. Upon
LrY..
questioning from Trustee Ehlers, Metra agreed to relocate existing overhead wires
underground.
Don Wrobleski, representing the Deerfield Historical Society, presented a letter from
Thomas C. Roth, President of the Deerfield Historical Society, in support of Metra's
proposed conceptual plan. Joe Piersen, 1334 Knollwood, also spoke in support of the
conceptual plan.
Trustee Rosenthal made a motion, seconded by Trustee Swartz, to accept the Plan
Commission report and to direct the Village attorney to prepare the necessary ordinances.
The motion passed unanimously.
REPORT AND RECOMMENDATION
The Plan Commission held a public
OF PLAN COMMISSION REGARDING
hearing on September 26, 1996 to
REQUEST FOR A TEXT AMENDMENT
consider a request for a text
OF THE ZONING ORDINANCE TO
amendment and a Special Use to
PERMIT A PERSONAL FITNESS
permit the operation of Dimensions
TRAINING FACILITY TO BE ADDED
Through Motivation at 151 S.
AS A SPECIAL USE IN THE I -2B,
Pfingsten Road in the Deerbrook
OUTLYING LIMITED INDUSTRIAL
Commerce Center. It was the
DISTRICT, AND A SPECIAL USE
unanimous recommendation of the
GRANTED TO PERMIT THE
Plan Commission that a text
OPERATION OF THE PROPOSED
amendment be made to the Zoning
BUSINESS AT 151 S. PFINGSTEN RD.
Ordinance to allow a personal fitness
. training facility as a Special Use in
the I -2B, Outlying Limited Industrial District.
It was also the recommendation of the Plan
Commission that the petitioners be granted a
Special Use to permit the operation of the
proposed business at 151 S. Pfingsten Road in the Deerbrook Commerce Center.
Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the
recommendation of the Plan Commission and to direct the Village attorney to prepare the
necessary ordinances. The motion passed unanimously.
REPORT AND RECOMMENDATION Based on a report of the Manpower
OF MANPOWER COMMISSION Commission, Mayor Forrest
recommended the following
Appointments: Douglas Johnson to the Cable and Telecommunications Commission;
Robert Fredrickson to the Manpower Commission; Mark Anfenson to the Police Pension
Board; Thomas Jester to the Stormwater Management Committee; and John Palen and
Barbara Reich to the Youth Council.
Trustee Swartz made a motion, seconded' by Trustee Seidman, to approve the
appointments. The motion passed unanimously.
OLD BUSINESS
ORDINANCE 0-96-35 AMENDMENT TO An ordinance amending a Special
SPECIAL USE TO PERMIT Use to School District 109 to permit
CONSTRUCTION OF ADDITIONS TO construction of additions to Caruso
EXISTING BUILDING AND OTHER SITE Junior High School and other site
IMPROVEMENTS - SCHOOL DISTRICT improvements.
109, CARUSO JR. HIGH Trustee Swartz made a motion to
approve the ordinance, seconded by
Trustee Heuberger. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz, Swanson (6)
NAYS: None (0)
DISCUSSION
DEPOSITS FOR WORK IN THE Mr. Franz informed the Board that current
RIGHT OF WAY Village policy requires that deposits for
work that is done in right of way be held
until accounts payable are reviewed by the Board at the second meeting of each month.
Staff would like to return those deposits in a more timely fashion. The Board agreed with
the concept.
ADJOURNMENT There being no further business to discuss,
Trustee Swartz made a motion, seconded
by Trustee Rosenthal, to adjourn the meeting AT 12:05AM. The motion passed
unanimously.
ATTEST:
1
"Village ACkler
7
APPROVED:
Mayor
Mayor Forrest's Statement
Redevelopment Agreement - Southeast Quadrant
October 28, 1996 Village Board Meeting
We have before us tonight a proposed Redevelopment Agreement for the Southeast Quadrant of the
Village Center. As I stated at our last meeting, I believe that it represents a significant opportunity
for re- energizing our downtown and, particularly, a quadrant which is underdeveloped and
underutilized.
This agreement marks the beginning of a partnership between the Village and the Taxman
Corporation. In my opinion, it includes all of the necessary provisions for accomplishing our
mutual goal of a viable retail/office development in the center of town .... with both parties assuming
some risks and sharing the benefits.
I wish to emphasize that the only matter that we are considering this evening is the agreement on a
redevelopment proposal which establishes the obligations of both the Taxman Corporation and the
Village in order to move this project along. This agreement in no way shortcuts our normal plan
review process. Both the Plan Commission and the Village Center Development Commission will
review the development proposal as they do all other land use petitions. Regular notification of
adjacent property owners will take place prior to the Plan Commission conducting a public hearing
on the matter. Both of the commission reports will be considered at a regular meeting of the
Village Board at a later date.
I know that some current owners and tenants in the quadrant are upset with this redevelopment
proposal. From the outset, the Village has recognized the difficulty in balancing the needs of the
existing businesses with plans for a new development. Although we have tried to be sensitive to
that situation, we have made it clear all along that we could not guarantee their inclusion in the new
project. It should be pointed out, however, that the Taxman Corporation (which has the option on
the Knaak parcel) could allow current leases to expire, demolish the buildings and, within the
present zoning regulations, redevelop the 58,000 sq. ft. site, probably with a single commercial use.
It is only because the Village wants a more comprehensive redevelopment plan that we are entering
into this agreement to assemble a larger tract of land. Nevertheless, to whatever extent possible, we
will continue to work with the developer to try to incorporate existing tenants that are compatible
with the proposed plan and to help find alternative locations for the others.
Redevelopment of this quadrant is long overdue and should come as no surprise to anyone at all
familiar with the Village.
In 1971, the Village established a committee to encourage the redevelopment
of the Central Business District and distributed brochures inviting developers
to participate. In 1978, this committee became the Village Center
Development Commission.
In 1979; revisions of the Comprehensive Plan highlighted the need to
redevelop our Village Center.
In 1986, the Village established a Tax Increment Financing District to help
finance redevelopment.
Mayor Forrest's Statement
Redevelopment Agreement - Southeast Quadrant
October 28, 1996
Page 2
- In 1990, since there was no private initiative, the Village took an option to
purchase the Knaak parcel and requested development proposals for the same
properties now under consideration. Although redevelopment did not occur, it
signaled our willingness to take the initiative in getting something
accomplished.
Also in 1990, the Village purchased the Christian Science parcel adjacent to
Ford Pharmacy on Waukegan Road.
In 1992, the lot at the rear of 629 Deerfield Road was acquired by the
Village.
And, in 1995, 623 Deerfield Road was purchased.
In each of these acquisition cases, publicly authorized by the Board, the clear intention was to
further our objective of redevelopment of the Southeast Quadrant. What delayed earlier action by
the Village was the absence of a private developer willing and able to make an investment in the
project. We now have The Taxman Corporation ready to undertake that commitment with
Deerfield and, in my opinion, we would be negligent in our duties as elected officials not to pursue
it.
Change is always difficult! In this case, however, our planning and actions have been very
deliberate. Therefore, I urge the Board to authorize the Redevelopment Agreement that is before
you this evening subject to some possible changes in wording. At this point, it merely confirms our
intent to proceed under certain commitments by both parties. Several issues, including the future of
existing tenants, must be dealt with over the next few months. However, the Village must continue
to focus on the large picture - achieving redevelopment of its Village Center which will benefit the
entire community.
1