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06/15/1998Absent: Bernard Forrest, Mayor June 15, 1998 The regular meeting of the Board of Trustees of the Village of Deerfield was James Stucko and Village Manager Robert Franz. called to order by the Village Manager in the Council Chamber of the Village Hall Swartz nominated Trustee Rosenthal to serve as Mayor pro tem for the meeting. on Monday, June 15, 1998, at 8:00 P.M. The Clerk called the roll and announced APPROVAL OF MINUTES Trustee Seidman made a motion, seconded by that the following were: the previous meeting. Trustee Swartz commented that in the section on Present: Marvin W. Ehlers height restrictions for towers abutting a residential district. A motion to approve the minutes as amended passed unanimously. John H. Heuberger BILLS AND PAYROLL Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the Bills and Harriet E. Rosenthal Payroll. The motion passed by the following vote: Edwin B. Seidman Michael Swartz Absent: Bernard Forrest, Mayor Vernon E. Swanson and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. Due to the absence of the Mayor, Trustee Swartz nominated Trustee Rosenthal to serve as Mayor pro tem for the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES Trustee Seidman made a motion, seconded by Trustee Heuberger, to approve the minutes of the previous meeting. Trustee Swartz commented that in the section on telecommunication towers, the minutes should reflect that the amendment included height restrictions for towers abutting a residential district. A motion to approve the minutes as amended 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 (5) NAYS: None (0) UPDATE ON VISION 2000 .Mayor pro tem Rosenthal presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant, and South Commons. RESOLUTION R -98 -14 RE CHICAGO BULLS Mayor pro tem Rosenthal read a resolution proclaiming Tuesday, June 16``, Deerfield Bulls Day. Trustee Seidman made a motion to adopt the resolution. Trustee Heuberger seconded the motion. The motion passed unanimously. OLD BUSINESS Mayor pro tem Rosenthal suggested that the ordinance regarding regulations relating to home occupations be moved to the top of the agenda. ORDINANCE AMENDING ZONING ORDINANCE Two members of the Home Based Business Task RE REGULATIONS RELATING TO HOME Force, one Village resident who operates a OCCUPATIONS, FIRST READING home based business, and Katie Spies of the Deerfield /Bannockburn /Riverwoods Chamber of Commerce, were in attendance to protest amendments made at the June 1 Board meeting to the Plan Commission Report and Recommendation regarding regulations relating to home occupations. These changes related to the number of permitted employees and to parking. The Board had proposed decreasing the number of permitted non - resident employees from 4 to 1, and they had proposed that employees not be permitted to park on the street. The two issues were discussed at some length, after which trustees agreed to amend the home based business regulations by permitting two non - resident employees and by eliminating the off - street parking requirement. REPORTS REPORT AND RECOMMENDATION OF SOUTH Mayor pro tem Rosenthal, who served as EAST QUADRANT TASK FORCE RE Chair of the Southeast Quadrant Task Force, SELECTION OF DEVELOPER thanked members of the task force for a job well done. Mr. Franz summarized the process that Village staff and the task force went through in order to select the best development plan for the Southeast Quadrant. After reviewing the six proposals received, the task force is unanimously recommending that Mesirow Stein /Northern Realty be selected to develop the southeast corner of Deerfield and Waukegan Roads. Trustee Swartz made a motion to accept the Report and Recommendation of the Southeast Quadrant Task Force. Trustee Seidman seconded the motion. The motion passed unanimously. Trustee Heuberger noted that he will be recusing himself from any matters relating to Mesirow /Stein. REPORT AND RECOMMENDATION OF STAFF RE VENDOR AT DEERFIELD ROAD TRAIN STATION Trustee Swartz made a motion, seconded by Trustee Heuberger, to table this agenda item until the next meeting. The motion passed unanimously. CONSENT AGENDA ORDINANCE AMENDING ZONING ORDINANCE An ordinance amending the Zoning Ordinance RE REGULATIONS RELATING TO WIRELESS regulations relating to wireless communi- COMMUNICATION SERVICE FACILITIES cations. First Reading. ORDINANCE 0 -98 -28 ESTABLISHING An ordinance establishing prevailing wage PREVAILING WAGE RATES rates. First Reading. Trustee Swartz made a motion for a waiver of the rules to permit the ordinance regarding establishing prevailing wage rates to be voted on at First Reading. Trustee Heuberger seconded the motion. The motion passed unanimously. Trustee Seidman made a motion to pass the Consent Agenda and adopt the ordinance. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) OLD BUSINESS, PART II ORDINANCE 0 -98 -29 AUTHORIZING An ordinance authorizing the acquisition of ACQUISITION OF CERTAIN LEASEHOLD certain leasehold interests in Deerfield INTERESTS IN DEERFIELD COMMONS RE Commons for redevelopment of the Village DEERFIELD SQUARE Center. First Reading. ON Special Legal Counsel Joe Morrison explained that the Village has not been able to reach a settlement with either the Jewel Food Store or with Artemis Restaurant. The next step in the acquisition process is for the Village to proceed with eminent domain proceedings for the two parcels. ON Trustee Swartz made a motion to adopt an ordinance authorizing acquisition of the leasehold interests of the Jewel Food Store and Artemis Restaurant for redevelopment purposes. Trustee Ehlers seconded the motion. Trustee Swartz made a motion for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Heuberger seconded the motion. The motion passed unanimously. The motion to adopt the ordinance passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Trustee Seidman made a motion to table the AGREEMENT FOR TERMINATION OF LEASE, agenda item re termination of the lease of AQUASCAPE AQUARIUM COMPANY the Aquascape Aquarium Company. Trustee Swartz seconded the motion. The motion passed unanimously. AUTHORIZATION FOR MAYOR TO SIGN Trustee Seidman made a motion to table the AGREEMENT FOR TERMINATION OF LEASE, agenda item re termination of the lease of RON & MARTY'S DEERFIELD HARDWARE Ron & Marty's Deerfield Hardware. Trustee Swartz seconded the motion. The motion passed unanimously. AUTHORIZATION FOR MAYOR TO SIGN Trustee Seidman made a motion to authorize AGREEMENT FOR TERMINATION OF LEASE, Mayor Forrest to sign an agreement for PREMIUM TOBACCO STORES termination of the lease of Premium Tobacco Stores. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Trustee Seidman made a motion to authorize AGREEMENT FOR TERMINATION OF LEASE, Mayor Forrest to sign an agreement for MID -CITY BEAUTY SUPPLY COMPANY termination of the lease of Mid -City Beauty Supply Company. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN Trustee Swartz made a motion to authorize AGREEMENT FOR TERMINATION OF LEASE, Mayor Forrest to sign an agreement for DOMINO'S PIZZA OF DEERFIELD termination of the lease of Domino's Pizza of Deerfield. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) RESOLUTION R -98 -15 AUTHORIZING A resolution authorizing the Village to SETTLEMENT OF LITIGATION AND enter a Settlement Stipulation and Judgment PURCHASE OF REAL ESTATE, JUDY'S Order in Condemnation Case 98 ED 12 PIZZA involving the property at 803 Deerfield Road (Judy's Pizza) for the purchase price of $660,000, with the Village taking possession on or before August,30, 1998. 3 Trustee Swartz made a motion to adopt the resolution. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) NEW.BUSINESS ANALYSIS AND AWARD OF BIDS FOR Bids for the 1998 MFT Maintenance were 1998 MFT CONTRACTS opened and publicly read on June 9, 1998. It is the recommendation of the Director of Public Works and Engineering that contracts be awarded as follows: 1. Concrete Patching - To low bidder Schroeder & Schroeder, Inc. at the cost of $28.45 per square yard. Trustee Seidman made a motion to award the contract to Schroeder & Schroeder at a unit price not to exceed $28.45. All of the budgeted amount of $105,000 will be used. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) 2. Inlet Reconstruction - To low bidder Alliance Contractors, Inc. at a cost of $32,957.10. Trustee Seidman made a motion to award the contract to Alliance Contractors, Inc. at a cost not to exceed $32,957.10. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) 3. Thermoplastic Pavement Marking - To low bidder Mark -It Striping at the cost of $17,005.50. Trustee Swartz made a motion to award the contract to Mark -It Striping at a cost not to exceed $17,005.50. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) 4. Bituminous Patching Materials - To low bidder Peter Baker and Son Company at a cost of $25.50 per ton. A total amount of $40,000 has been budgeted for the patching mixture. Trustee Seidman made a motion to award the contract to Peter Baker and Son Company at a unit price not to exceed $25.50 per ton. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) DISCUSSION CABLE TV DISCUSSION There continue to be problems with and complaints about cable television reception and service in Deerfield. Staff and the cable commission have been in contact with TCI about these problems. 4 TRAIN STATION UPDATE DEERFIELD ARTS FESTIVAL along Park Avenue. The train station renovation is scheduled to be completed sometime in July. The first annual Deerfield Arts Festival will take place this Saturday and Sunday EXECUTIVE SESSION Mayor pro tem Rosenthal asked for a motion to go into Executive Session to discuss litigation. Trustee Ehlers so moved. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Seidman made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:02 P.M. APPROVED: Mayor ATTEST: 'llage Clerk 5 1 1 1 Ll VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report June 15, 1998 Southwest Quadrant: > Contrary to rumors circulating in the Village, Whole Foods is still very much a part of the plans for Deerfield Square. They have signed a lease with CRM Properties for a 39,000 sq. ft. food store. > Tonight's agenda has issues relating to both property acquisition and leasehold interest settlements. There is a resolution authorizing a settlement on the Judy's Pizza property, and agreements to terminate certain leases in the Deerfield Commons. Unfortunately, the Village has not been able to settle with Artemis and Jewel and, therefore, must now proceed with court action. > At the Healy condemnation hearing this morning in Lake County Circuit Court, Mr. Healy asked for and was granted a continuance until July 13th. > The closing on Dr. Szyman's property at 803 Deerfield Road is scheduled for June 23rd. > Last Thursday, the Plan Commission approved the Final Plan for Deerfield Square. Their report and recommendation will be on the Village Board agenda in July. Southeast Quadrant: > Also on tonight's agenda is the report and recommendation of the Southeast Quadrant Task Force on redevelopment of the 4.5 acre site. The task force met its deadline in completing a review of six developer proposals, which included two meetings with a Citizens Advisory Group convened to offer input on both the RFP and the final selection. > After tonight's Board action, the next step will be a meeting with Mesirow Stein/Northern Realty to begin work on a redevelopment agreement and a time line for completing the regular land use review process with the Plan Commission. South Commons: > The James Companies will continue its public hearing with the Plan Commission on June 25th. Their engineers are working with the Village on street and utility issues. > The Village closed on the Kaplan property (717 Central Avenue) today.