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08/18/1997August 18, 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, August 18, 1997, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: John H. Heuberger and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. APPROVAL OF MINUTES Trustee Seidman made a motion, seconded by Trustee Ehlers, 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, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) TREASURER'S REPORT Mr. Franz presented highlights of the July Treasurer's Report. Sales tax receipts are up by 2% from the prior year. This is the first increase over the prior year in eight months. Sales tax receipts are still down for the year by 7% however. Other revenues are performing as projected. As of July 31, 1997, 101% of cash was invested at an average interest rate of 5.88, which compares with an average rate of 5.17% for the 90 -day Treasury Bill. RFPnRTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT July 24 to consider the request of the TO A SPECIAL USE FOR MITCHELL PARK, Deerfield Park District for an amendment to a DEERFIELD PARK DISTRICT special use for Mitchell Park. The Park District is proposing to construct a kidney shaped wading pool of approximately 2,000 square feet and 21� feet in depth. The pool is to be located on the deck to the north of the existing pool. The existing perimeter wrought iron fence will be relocated toward the sidewalk. Improvements planned for the future include a children's sand play area at the northeast corner, a new sloped /pitched roof on the bath house, a raised lounge area, rental lawn, and new sidewalk and concrete curb. The site plan also shows a new or relocated fence, a rental lawn /concession turf, and concession deck expansion. By a vote of 6 -0 the Plan Commission voted to approve the petitioner's plan. Park District Director Linda Gryziecki was in attendance. Using an artist's rendering she presented an overview of the proposed changes. After discussion, Trustee Seidman made a motion to accept the Plan Commission Report and to direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. 1 1 1 REPORT AND RECOMMENDATION OF PLAN Trustee Swartz made a motion, seconded by COMMISSION AND REPORT AND Trustee Rosenthal, to remove the matter from RECOMMENDATION OF VCDC RE the table. The motion passed unanimously. DEVELOPMENT PLAN FOR SOUTHEAST QUADRANT, TAXMAN, TABLED 7/21/97 It is the recommendation of the Plan Commission that the petitioner's request for the revised two story plan be approved. The motion passed 6 -1. It is also their recommendation that the petitioner's request for the alternate one story plan be approved. The motion passed 7 -0. By a vote of 6 -1, it is also their recommendation that the petitioner. be allowed to proceed with either plan. It is the recommendation of the VCDC that the Taxman Corporation's plan for a one story development be denied. The vote was 7 against approval, 1 for approval. By a vote of 7 -1, it is also their recommendation that the Taxman Corporation's request for the revised two story plan be approved, with the recommendation that the facades be made to look more like the original plan. Mayor Forrest read a statement which is attached and made a part of these minutes. Trustee Swanson made a motion to accept the Plan Commission recommendation. Trustee Ehlers seconded the motion. The motion failed by the following vote: AYES: None (0) NAYS: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) Trustee Swartz made a motion, seconded by Trustee Ehlers to accept the recommendation of the VCDC to deny the petition. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) Deerfield residents Sue and Derek Ragona thanked the Board for denying the petition. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR APPROVAL OF A SPECIAL USE FOR A RESTAURANT, 190 WAUKEGAN ROAD, ST. LOUIS BREAD/ HERITAGE The Plan Commission held a Public Hearing on July 24. It is their recommendation that the petitioner's request for a Special Use to permit the establishment of a St. Louis Bread restaurant be approved. The motion passed by a vote of 6 -0. Trustee Seidman made a motion to accept the Plan Commission report and to direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. Tony Stevens of Heritage Property Group was in attendance to respond to questions from the Board. Trustee Ehlers expressed concern regarding the leased parking arrangement and the lack of protection for the Village. Mr. Stucko responded that it could be made a condition of the Special Use that the lease parking arrangement or its equivalent remain in existence. Mr. Stevens indicated that he has a lease term for fourteen parking spaces of ten years with two five year options. He noted that it will be a requirement by lease that employees of the St. Louis Bread Restaurant park in the rear of the building. After further discussion, the motion passed unanimously. 2 REPORT AND RECOMMENDATION OF PLAN The petitioner is requesting a modification of COMMISSION RE REQUEST FOR the PUD for a change in brick color. The MODIFICATION OF AN APPROVED PUD, proposed color is lighter than the color 190 WAUKEGAN ROAD, HERITAGE originally approved. By a vote of 6 -0, the Plan Commission recommended that the modification for a change in brick color to Illinois Brick Terra Cotta Velour 10- 431 -18 be approved. Mr. Stevens commented that the change in color is being requested because the property faces east, and in the afternoon the front of the building will appear dark. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the change in brick color. The motion passed unanimously. CONSENT AGENDA ORDINANCE 0 -97 -32 APPROVING An Ordinance approving resubdivision of Lots RESUBDIVISION OF LOTS 44 AND 46 IN 44 and 46 in Coromandel and Amendment of PUD COROMANDEL AND AMENDMENT OF PUD TO to exclude a portion of property which abuts EXCLUDE A PORTION OF PROPERTY WHICH Central Avenue -Carol Bergmark /Optima. Second ABUTS CENTRAL AVENUE - CAROL Reading. BERGMARK /OPTIMA RESOLUTION R -97 -13 AMENDING A Resolution approving the Fifth Amendment to ANNEXATION AGREEMENT, PARKWAY NORTH the Annexation Agreement between the Village CENTER /CARR REALTY CORPORATION of Deerfield and Parkway North Center. ORDINANCE 0 -97 -33 AMENDING An Ordinance authorizing an Amendment to the PREVIOUSLY GRANTED PUD AND Special Use Industrial Planned Unit APPROVING PRELIMINARY AND FINAL Development for Parkway North - approval of DEVELOPMENT PLANS, PARKWAY NORTH Amendment to Concept Plan and approval of CENTER /CARR REALTY CORPORATION Preliminary Plan and Final Plans. First Reading. ORDINANCE VACATING PORTION OF PROPERTY ALONG KATES ROAD (WHICH WOULD REVERT BACK TO WHITEHALL NORTH CONVALESCENT HOME) of -way is no longer needed. First Whitehall North Convalescent Home dedicated thirty feet of right -of -way to be used for public street improvements. With the current project to realign Kates Road at its intersection with Waukegan Road, this right - Reading. Trustee Seidman made a motion for a waiver of the rules to permit the ordinance regarding Parkway North Center (Agenda item 84- 78-78) to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. Trustee Rosenthal made a motion to adopt the Consent Agenda and approve the ordinances and the resolution.' Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) OLD BUSINESS The ordinance regarding licensing of massage establishments, tabled 7/7/97, remained tabled. 3 NEW BUSINESS ORDINANCE 0 -97 -34 RE AMENDMENTS TO The Village has received the new Flood WATERSHED DEVELOPMENT ORDINANCE AND Insurance Rate Maps and must adopt an NEW BASE FLOOD ELEVATION MAP (FEMA) amending ordinance prior to September 3, 1997 as a condition of continued eligibility in the Flood Program. First Reading. Trustee Seidman made a motion to waive the rules to permit the ordinance to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. Trustee Seidman made a motion to adopt the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) APPROVAL OF REQUEST FOR CLASS E A Class E liquor license is being requested LIQUOR LICENSE - SPAZIO ITALIAN by Spazio Italian Restaurant which will be RESTAURANT, 483 LAKE COOK ROAD opening soon at 483 Lake Cook Road (formerly Ermando' s) . Trustee Rosenthal made a motion to direct the Village Attorney to prepare the necessary ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. REVISED CENSUS COUNT Mr. Franz reported that earlier figures submitted to the Village for the special census were probably incorrect. It now appears that the amount of additional revenue based on population will be approximately $60,000. This is less than anticipated, but still enough to have made the census financially worthwhile. BRISTOL ESTATES BRIDGE Mr. Franz reported that the bridge is in and the location of the proposed sidewalk has been determined. It is to be further to the south than originally planned, to put it closer to the center of the 20' ROW. The only issue remaining is the width of the proposed sidewalk leading to the bridge. The approved plan calls for the sidewalk to be 8' wide with a center post at each approach to the bridge. Salah Falouji and Joyce Bery, whose homes are next to the ROW, were in attendance to state their opinion that since the bridge is only 6' wide and other Village sidewalks are 5' wide, the proposed sidewalk should not have to be 8'. After discussion, it was decided that the sidewalk will be 6' wide, but slightly larger at the throat where the posts are. It will be the responsibility of the homeowners association to maintain the landscaping. ORDINANCE 0 -97 -35 RE ACQUISITION OF The Village has been contacted by the attorney 617 CENTRAL AVENUE for the owner of 617 Central Avenue expressing an interest in having the Village purchase the property. This property is included in the Central Avenue Redevelopment Plan for 4 SWALCO- STORAGE ORDINANCE DISCUSSION Trustee Seidman reported that some communities with large multi - family housing developments are passing ordinances requiring the developer to provide a place where residents can put items to be recycled. He feels Deerfield should consider passing such an ordinance. After discussion, it was decided that the matter will be referred to the Plan Commission. REVISED CENSUS COUNT Mr. Franz reported that earlier figures submitted to the Village for the special census were probably incorrect. It now appears that the amount of additional revenue based on population will be approximately $60,000. This is less than anticipated, but still enough to have made the census financially worthwhile. BRISTOL ESTATES BRIDGE Mr. Franz reported that the bridge is in and the location of the proposed sidewalk has been determined. It is to be further to the south than originally planned, to put it closer to the center of the 20' ROW. The only issue remaining is the width of the proposed sidewalk leading to the bridge. The approved plan calls for the sidewalk to be 8' wide with a center post at each approach to the bridge. Salah Falouji and Joyce Bery, whose homes are next to the ROW, were in attendance to state their opinion that since the bridge is only 6' wide and other Village sidewalks are 5' wide, the proposed sidewalk should not have to be 8'. After discussion, it was decided that the sidewalk will be 6' wide, but slightly larger at the throat where the posts are. It will be the responsibility of the homeowners association to maintain the landscaping. ORDINANCE 0 -97 -35 RE ACQUISITION OF The Village has been contacted by the attorney 617 CENTRAL AVENUE for the owner of 617 Central Avenue expressing an interest in having the Village purchase the property. This property is included in the Central Avenue Redevelopment Plan for 4 which the Village has recently sent out RFQ's. In order to begin the process, an ordinance is required authorizing staff and special counsel to begin negotiations. Trustee Swartz moved to authorize the preparation of the ordinance. Trustee Seidman seconded the motion. The motion passed unanimously. Trustee Swartz moved for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Seidman seconded the motion. The motion passed unanimously. Trustee Swartz moved to adopt the ordinance. Trustee Seidman seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) CHANGE IN MEETING DATE September 2. Due to the Labor Day holiday, the next Board of Trustees meeting will be held on Tuesday, ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Ehlers seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:40 P.M. ATTEST: E!t �. ..l_ APPROVED: Mayor 5 �1 1 1 Mayor Forrest's Statement Taxman Plan - Southeast Quadrant August 18, 1997 Village Board_ Meeting Last November, the Village entered into a Redevelopment Agreement with an entity of the Taxman Corporation involving the southeast quadrant of the Village Center. A concept plan was approved as an exhibit to the Agreement. A retail /office development along Deerfield and Waukegan Roads was proposed, and a two- level, partially underground parking facility was tailored to that site. Over the past eight months, the petitioner has amended the concept several times to create a more traditional downtown design and a two -level parking deck at the rear of the development. After several meetings with the Plan Commission and the Village Center Development Commission and further changes to the plan, two proposals have been submitted for Village Board consideration. On July. 21 st, the petition was tabled pending resolution of the following issues: building. facades, landscape screening of adjacent properties, a parking shortfall and access from Waukegan Road., Following that meeting, Mr. Taxman was informed that he must return no later than this evening with a response to these concerns since the Board intended to take final action on his petition. Today, the Village received a letter from the Taxman Corporation asking that the project be taken off of tonight's agenda. Obviously, our concerns have not been addressed and, therefore, in my opinion, the current plans remain unacceptable. In voting on this matter, it should be understood that, if the petition is denied, the Redevelopment Agreement with the Taxman Corporation comes to an end without either party being in default. As the Agreement clearly states: "Developer's failure to successfully complete the plan review process shall not be deemed an Event of Default by the Village or the Developer." It is very disappointing that this joint effort at redevelopment has been unsuccessful. At the same time, land use decisions regarding this corner will have an impact on Deerfield for many years to come. It is better that we delay approval in order to develop a plan that works rather than approve a product that simply has too many unresolved problems. We are still confident that this quadrant of the Village Center has tremendous potential for redevelopment if the right plan is proposed. The Village has done its share to acquire property and will continue to take a proactive position in redeveloping. this 3.5 acre site.