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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