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05/19/1997May 19, 1997 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, May 19, 1997, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal Edwin B. Seidman Absent: Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Attorney James Stucko. . Trustee Seidman made a motion, seconded by Trustee Rosenthal, to approve the minutes of the previous meeting. Trustee Seidman noted that in the section regarding the storage yard road improvements, it was Trustee Rosenthal who had made the motion to authorize construction. A motion to approve the minutes as amended passed unanimously. BILLS AND PAYROLL Trustee Seidman made a motion, seconded by Trustee Heuberger, to approve the Bills and Payroll. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) PROCLAMATION - EMERGENCY MEDICAL SERVICES FOR CHILDREN WEEK Trustee Rosenthal made.a motion, proclamation. The motion passed proclamation on behalf of the Kii Mayor Forrest read a proclamation designating the week of May 19, 1997, as Emergency Medical Services for Children Week in Deerfield. seconded by Trustee Heuberger, to accept the unanimously. Robert Speckmann accepted the aanis Club of Deerfield. POLICE DEPARTMENT COMMENDATIONS Mayor Forrest presented Deerfield Police Department Commendations for Meritorious Service to Sergeant Rand Roel and Officer Ross Roel whose efforts were instrumental in the arrest of a major drug supplier and the seizure of 30 pounds of high grade marijuana and $375,700 in cash. The Deerfield Police Department was later awarded $70,000 of the money confiscated during the arrest. REPORTS REPORT AND RECOMMENDATION OF PLAN Trustee Rosenthal made a motion to remove the COMMISSION RE REQUEST FOR APPROVAL agenda item from the table. Trustee Ehlers OF FINAL DEVELOPMENT PLAN - DEER seconded the motion. The motion passed PARK BUSINESS CENTER, FLODSTROM unanimously. .. r Trustee Heuberger recused himself from the .discussion. Trustee Seidman made a motion to approve the 'Final Development Plan for Deer Park Business Center (lots A, B, and C) and to direct the Village Attorney to prepare an Ordinance. Trustee Ehlers seconded the motion. The motion passed unanimously. Mayor Forrest commented that the Village plans to contribute in the area of $1,100,000 in TIF money to the development, which will be used mostly for public improvements due to the site having been used in the past as a landfill. Details on the TIF subsidy will be included in the Development Agreement which will be considered along with the Ordinance approving the Final Plan. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR A April 24 to consider the request of Manor Homes GROUND SIGN, MANOR HOMES OF of Deerfield for a new ground sign at the DEERFIELD, IVY LANE entrance to the development, including a modification allowing the sign to be located 13' from Waukegan Road instead of 25' from the property line as required by the Zoning Ordinance. By a vote of 5 -0 the Plan Commission voted to approve the request. Trustee Rosenthal made a motion to accept the Plan Commission Report and Recommendation granting the modification. Trustee Heuberger seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE DEERFIELD DEPOT/ April 10 to consider the request of the METRA LAKE COOK ROAD JOINT Commuter Rail Division of the Regional DEVELOPMENT PROJECT Transportation Authority (Metra) and Deerfield Associates, L.L.C. for development of the property located south of Lake Cook Road and west of the railroad tracks. By a vote of 5 -0 (1 recuse) the Plan Commission recommended that the request for: (1) a Special Use /Planned Unit Development; (2) approval of a preliminary development plan which includes a Home Depot Store, two restaurants (Macaroni Grill and J. Alexander's), a permanent commuter railroad station, and a retail building; (3) a rezoning of the commercial portions of the development from P -1 Public Lands District to C -2 Outlying Commercial District; (4) a preliminary plat of subdivision; (5) a text amendment to include a building supply store (including seasonal outdoor sales and outdoor display of merchandise) as a Special Use in the C -2 Outlying Commercial District; (6) a Special Use for the restaurants; (7) a Special Use for the building supply store; (8) an amendment to a previously approved Special Use for a commuter railroad station; and (9) all necessary variations and sign modifications be approved. By a vote of 5 -0 (1 recuse), the Plan Commission also recommended that the petitioners modify the plan as follows: (a) Provide an improved access road at the entrance to the property; (b) Provide a pedestrian east /west walkway to the train station platform; (c) Rework the bus and van staging area to provide adequate storage area for the busses and vans; and (d) Explore how to protect the property to the west (707 Office Building) when the seasonal outdoor sales area for Home Depot is open. 2 1 1 1 matter. commenting that she would like their project besides Deerfield also has a train station in its matter under consideration. Trustee Heuberger recused himself from the Trustee Rosenthal opened the discussion by the petitioners to consider some other name for Depot. This name is confusing since Deerfield downtown area. The petitioners agreed to take the Attorney Ted Novak, representing Deerfield Associates, L.L.C. led a team presentation about the proposed development. Development team members J. Patrick McAtee of Metra; Ron Farmer and Rick Storey of J. Alexander's; Kim Williams of Brinkers International, representing Romano's Macaroni Grill; and Bob Parisi, Development Coordinator, Greenberg Farrow Architects, representing Home Depot, each made a brief presentation. Mr. Parisi's presentation included an overview of the Deerfield Depot Site Plan, including ways in which the Plan has been modified to address the four concerns stated in the Plan Commission recommendation. A lengthy discussion followed during which Trustees questioned the petitioners on many topics, including: maintenance of the outdoor garden area requested by Home Depot; appearance of the proposed train station and the type of retail area planned for inside it; signage on the Home Depot store; size, location and roof color of the pylon ground sign at the Lake Cook Road entrance, and the rationale for a second ground sign in the METRA right - of -way; vehicle and people gates and the concept of shared parking; impact of the development on traffic; extension of vehicle stacking on westbound Lake Cook Road; the potential for unauthorized parking at the 707 Lake Cook Building; plans for additional Metra parking spaces, if needed; utility easements left over from the gas company formerly on the site; sidewalks from Metra to the restaurants; anticipated sales taxes from the project; and the landscaping plan. Trustee Seidman made a motion to accept the Plan Commission Report and Recommendation and approve the preliminary plat. Trustee Ehlers seconded the motion. The motion passed unanimously. Mayor Forrest also voted in favor of the motion. Mayor Forrest called for a recess at 9:35 P.M. and reconvened the meeting at 9:50 P.M. REPORT AND RECOMMENDATION OF CABLE AND TELECOMMUNICATIONS COMMISSION RE NEW FRANCHISE AGREEMENT AND SYSTEM TRANSFER TO TELECOMMUNICATIONS, INC. (TCI) transfer of the franchise from Post Paul Diambri, Chairman of the Franchise Renewal Subcommittee of the Cable and Telecommunications Commission, announced that an agreement has been reached with Post Newsweek Cable on a renewed franchise agreement. Also before the Board is the Newsweek to TCI. Mr. Diambri stated that the Cable and Telecommunications Commission feels the recommendation is that the franchise renewal with as well as the transfer of the franchise from Post 3 agreement is a good one. Their Post Newsweek Cable be granted, Newsweek to TCI. VE Mitch Bland, General Manager of Post Newsweek Cable and James Leach, Regional Director of Government Affairs for TCI, were in attendance to respond to questions from the Board. Trustee Seidman asked about the cost to consumers for the increased number of channels and and also about TCI's billing procedures. Mr. Leach responded that the additional channels will be paid for only by those who choose to subscribe to them as an additional package. He also stated that TCI is willing to add specific language to the agreement regarding when bills will be mailed and when payments will be due. liquidated damage amount needs of living increase. Mr. Bland amount. Trustee Heuberger als term franchise agreement. Mr. year term. Trustee Heuberger suggested that the to be increased or, at minimum, provide for a cost agreed to try to come up with a more acceptable asked about the advisability of having a shorter Diambri recommended staying with the full fifteen Attorney Stucko commented that the next step is to make a motion to accept the Report and Recommendation of the Cable and Telecommunications Commission and to call for preparation an Ordinance directing execution of the franchise agreement. Following adoption of that Ordinance, a Resolution could be passed authorizing the transfer of the franchise from Post Newsweek Cable to TCI. Trustee Ehlers moved to accept the Report and Recommendation of the Cable and Telecommunications Commission and to direct preparation of the Ordinance. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Forrest (4) NAYS: 'Seidman (1) After thanking the Board for seventeen good years in the Village, Mr. Bland asked Board members to consider approval of the transfer tonight, since closing between Post Newsweek and TCI is scheduled to take place on May 30. Mr: Stucko commented that the only appropriate sequence for the Village is for the Ordinance to be passed and the franchise agreement to be set in place before the Resolution authorizing the transfer is passed. A waiver of the rules could be requested so that the Ordinance could be passed on First Reading at the next Board meeting. Board members agreed with Mr. Stucko's assessment. CONSENT AGENDA ORDINANCE 0 -97 -18 APPROVING An Ordinance approving an amendment to a AMENDMENT TO A PREVIOUSLY GRANTED previously granted I -1 PUD Special Use for the I -1 PUD SPECIAL USE - PARKWAY Parkway North Signage Plan at the request of NORTH SIGNAGE PLAN Carr America, new owner of the development. Second Reading. 4 1 1 1 ORDINANCE 0 -97 -19 AMENDING MUNICIPAL CODE RE INCREASE IN NUMBER OF PATROL OFFICERS ORDINANCE 0 -97 -20 AMENDING MUNICIPAL CODE RE ANIMAL NOISES An Ordinance increasing the number of Patrol Officers in the Deerfield Police Department from 26 to 28. Second Reading. An Ordinance amending the Municipal Code to clarify an owner's responsibility for barking dogs. Second Reading. RESOLUTION R -97 -06 APPOINTING A A Resolution reappointing Trustee Seidman as DIRECTOR AND ALTERNATE TO THE Director to SWALCO and Village Manager Franz SOLID WASTE AGENCY OF LAKE COUNTY as Alternate Director to SWALCO until April 30, 1999 or until a successor is appointed. RESOLUTION R -97 -07 RE FOURTH OF A Resolution assuming full responsibility for JULY PARADE traffic direction, protection and regulation during the time State Route 43 is closed for the 4th of July Parade. RESOLUTION R -97 -08 EXTENDING A Resolution extending Village participation PARTICIPATION IN HIGH -LEVEL EXCESS in the High Level Excess Liability Pool LIABILITY POOL UNTIL 2008 (H.E.L.P.) for an additional ten years. Trustee Seidman made a motion for passage of the Consent Agenda and adoption of the Ordinances and Resolutions. Trustee Heuberger seconded the motion. Trustee Rosenthal asked that the H.E.L.P. Resolution be removed from the Consent Agenda pending discussion. The motion to pass the Consent Agenda, minus the H.E.L.P. Resolution, passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) Trustee Rosenthal inquired about the merit of leaving the H.E.L.P. pool and getting back in at a later time. Mr. Valentine advised against doing this. Trustee Seidman moved for adoption of the Resolution extending participation in the High -Level Excess Liability Pool until 2008. Trustee Heuberger seconded the motion. The motion passed unanimously. ORDINANCE 0 -97 -21 AMENDING MUNICIPAL CODE RE TAXICAB SERVICE change in the rate schedule would seven days prior to its effective the rider's portion of the fare to Building would increase from $3.50 OLD BUSINESS An Ordinance amending the Municipal Code re taxicab service. The cost of regular fares would be deregulated; however, any proposed have to be provided to the Village not less than date. The senior coupon would remain $3.25, but the Highland Park Hospital and Professional to $4.25. Second Reading. 5 Trustee Rosenthal made a motion to remove the agenda item from the table. Trustee Ehlers seconded the motion. The motion -passed unanimously. Trustee Rosenthal made a motion to adopt the Ordinance. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) CONFIRMATION OF LAKE COUNTY COURT On April 8, 1997, the Village appeared before ORDER AUTHORIZING VILLAGE Judge Hoogasian in Lake County Circuit Court ACQUISITION OF THE PROPERTY AT 629 on the condemnation of the Treasures & Trash DEERFIELD ROAD property. The owner of the property contested the Village's rights to condemn. After a hearing, the Court denied the Motion to Dismiss and granted the Village's Motion for Immediate Vesting of Title. The Court found that the Village has the authority to exercise the right of eminent domain and that such right was properly being exercised in the proceeding. The judge set the "preliminary just compensation' at $460,000.- An October court date has been scheduled to hear arguments on "actual compensation." Authorization is needed to confirm the payment of $460,OOO'to the Lake County Treasurer. Possession is immediate. Trustee Seidman made a motion to grant the authorization. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman (4) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO APPOINT AUDITORS Mr. Valentine recommended the firm of Crowe FOR FISCAL YEAR 1996 -97 Chizek to audit the Village's financial statements ;for fiscal year 1996 -97. Crowe Chizek has done the Village audit for several years. They propose to do this year's audit for $14,300, the same amount as last year. Trustee Seidman made a motion to accept the proposal of Crowe Chizek at a cost not to exceed $14,300. Trustee Heuberger seconded the motion. The motion passed unanimously. DISCUSSION PROTECTIVE HEADGEAR FOR CHILDREN Trustee Heuberger reported that Chief Anderson has provided him with the information he requested on ordinances regarding protective head gear for child bicyclists, roller bladers, skateboarders etc. The literature indicates that lives are saved and injuries prevented by the use of helmets during participation in these activities. He asked the Board to consider passage of such an Ordinance in 6 1 CLEAN UP /FIX UP DAY Administrative Intern George Koczwara reported on a very successful Clean Up /Fix Up Day last Saturday. ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion, seconded by Trustee Rosenthal, to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 10:40 P.M. ATTEST: Village Clerk 1 APPROVED: WA Mayor Deerfield. After discussion, it was decided that a report will be made on this topic at the next REQUEST FROM METRO Board meeting. TAXI, INC. Mr. Franz reported that Metro Taxi, Inc. has made a written request to appear before the Board to request a license to operate in Deerfield. The Municipal Code requires a public hearing. The matter will therefore appear on the agenda for the June 2 Board Meeting. CLEAN UP /FIX UP DAY Administrative Intern George Koczwara reported on a very successful Clean Up /Fix Up Day last Saturday. ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion, seconded by Trustee Rosenthal, to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 10:40 P.M. ATTEST: Village Clerk 1 APPROVED: WA Mayor