07/06/1998July 6, 1998
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, July 6, 1998, at 8:00 P.M. The Clerk called the roll and announced that
the following were:
Present: Bernard Forrest, Mayor
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson.
Michael Swartz
Absent: Marvin W. Ehlers
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 Swartz, to approve the minutes of the
previous meeting. The motion passed unanimously.
UPDATE ON VISION 2000 Mayor Forrest presented a progress report
on the redevelopment of the Southwest
Quadrant, the Southeast Quadrant, and South Commons.
REPORTS
PUBLIC HEARING RE REQUEST FOR Mayor Forrest convened a public hearing on
VARIATION OF DEERFIELD STORMWATER the request by Charles Malk for a variation
ORDINANCE, DEERFIELD SQUARE, MALK of the Deerfield Stormwaten Ordinance for
the Shops of Deerfield Square.
Mayor Forrest asked Mr. Soyka to provide an
update on the issue. Mr. Soyka reported that he has reviewed Mr. Malk's
stormwater management plan for the Shops of Deerfield Square, which provides for
less detention than is required by ordinance. Mr. Malk's plan has four
components which should reduce, but probably will not eliminate, the extent and
duration of flooding at the Deerfield Road underpass: provision for
approximately an acre of underground water storage, removal of a restriction in
the Deerfield Road sewer pipe, a reduction in the amount of impervious area in
the site, and treatment of the first flush of stormwater before it is discharged
into the river.
Mr. Malk's consulting engineer for the
project provided additional details of the stormwater detention plan. Trustees
asked for clarification of several points. The audience had no questions or
comments.
Trustee Swanson made a motion to close the
public hearing. Trustee Heuberger seconded the motion. The motion passed
unanimously. Mayor Forrest commented that no action will be taken on this matter
until the final development is ready for approval.
REPORT AND RECOMMENDATION OF PLAN It is the recommendation of the Plan
COMMISSION RE REQUEST FOR FINDING Commission that the CRM Properties Group
OF SUBSTANTIAL CONFORMANCE -FINAL final development plan is in substantial
DEVELOPMENT PLAN, AND REPORT AND conformance with the previously approved
The Plan Commission also recommends that the
location of the trash area for building 10 be relocated further to the north and
that the landscape plan be consistent with the rendering at the northwest corner
of building 3.
The Plan Commission also recommends that the
Board of Trustees clarify the procedure to be used for the review of the final
building materials for each building. They also recommend that the access
through the Transformations parcel at 702 Osterman Avenue be resolved.
The motion passed by a vote of 5 -0.
The Village Center Development Commission
also reviewed the final development plan for the Shops of Deerfield Square. By a
vote of 6 -0 (one abstention) it is their recommendation that the plan be
approved.
Chuck Malk and architect Roger Dupler of Otis
Associates were in attendance to discuss changes in the plan and to respond to
questions from the Board. Using drawings of the preliminary development plan and
of the final development plan, Mr. Dupler pointed out the major changes they are
recommending. These include rearranging of green space and walkways to make the
center more pedestrian friendly; the addition of raised pre -cast planter boxes,
ornamental lighting, pavers, and vertical elements; changes in the configuration
of parking spaces; movement of the trash enclosure for building #10; changes in
the design of the office building; moving the clock from the office building to
building #3; placing backlit signage on both the front and back of the office
building; moving the car wash -to the south; changes in the underground parking;
and the addition of a tot lot. In total, the developer is recommending about 40
changes from the preliminary plan.
Trustees discussed the plan at length and
offered several suggestions for improving it. Major elements discussed included:
the parking plan, including employee parking, short term parking spaces, pick up
areas, and handicapped spaces; pedestrian walkways; the proposed fence along
Deerfield and Waukegan Roads; the proposed signage on the office building; the
size of and screening of the loading zones behind Whole Foods and Walgreens; the
drive thru area at Walgreens; traffic flow in and out of the car wash; the
additional traffic signal at Waukegan Road and the new boulevard street; and the
lighting plan.
Mr. Malk commented that he has no problem
with any of the changes proposed by the Board, and he will implement whichever
ones they decide upon; however, since there is some disagreement among Board
members on certain issues, he needs direction on how to proceed.
Trustee Seidman commented that Mr. Malk's
plan seems like a very good one, but he is troubled by fact that few retailers
from the Commons will be returning. For this reason, he objects to the
development.
Mayor Forrest asked if anyone in the audience
had questions or comments on the proposed plan, and several individuals came
forward to ask questions.
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RECOMMENDATION OF VCDC RE FINAL
preliminary development plan
and includes
DEVELOPMENT PLAN FOR DEERFIELD
the changes from the preliminary
development
SQUARE, CHARLES MALK
plan outlined in the report.
Final approval
is recommended for buildings
4, 5, 6, and 8.
The remaining buildings are to be
approved in concept only, and
the petitioners
must return for final Village approval.
The Plan Commission also recommends that the
location of the trash area for building 10 be relocated further to the north and
that the landscape plan be consistent with the rendering at the northwest corner
of building 3.
The Plan Commission also recommends that the
Board of Trustees clarify the procedure to be used for the review of the final
building materials for each building. They also recommend that the access
through the Transformations parcel at 702 Osterman Avenue be resolved.
The motion passed by a vote of 5 -0.
The Village Center Development Commission
also reviewed the final development plan for the Shops of Deerfield Square. By a
vote of 6 -0 (one abstention) it is their recommendation that the plan be
approved.
Chuck Malk and architect Roger Dupler of Otis
Associates were in attendance to discuss changes in the plan and to respond to
questions from the Board. Using drawings of the preliminary development plan and
of the final development plan, Mr. Dupler pointed out the major changes they are
recommending. These include rearranging of green space and walkways to make the
center more pedestrian friendly; the addition of raised pre -cast planter boxes,
ornamental lighting, pavers, and vertical elements; changes in the configuration
of parking spaces; movement of the trash enclosure for building #10; changes in
the design of the office building; moving the clock from the office building to
building #3; placing backlit signage on both the front and back of the office
building; moving the car wash -to the south; changes in the underground parking;
and the addition of a tot lot. In total, the developer is recommending about 40
changes from the preliminary plan.
Trustees discussed the plan at length and
offered several suggestions for improving it. Major elements discussed included:
the parking plan, including employee parking, short term parking spaces, pick up
areas, and handicapped spaces; pedestrian walkways; the proposed fence along
Deerfield and Waukegan Roads; the proposed signage on the office building; the
size of and screening of the loading zones behind Whole Foods and Walgreens; the
drive thru area at Walgreens; traffic flow in and out of the car wash; the
additional traffic signal at Waukegan Road and the new boulevard street; and the
lighting plan.
Mr. Malk commented that he has no problem
with any of the changes proposed by the Board, and he will implement whichever
ones they decide upon; however, since there is some disagreement among Board
members on certain issues, he needs direction on how to proceed.
Trustee Seidman commented that Mr. Malk's
plan seems like a very good one, but he is troubled by fact that few retailers
from the Commons will be returning. For this reason, he objects to the
development.
Mayor Forrest asked if anyone in the audience
had questions or comments on the proposed plan, and several individuals came
forward to ask questions.
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Trustee Seidman made a motion to accept the
Report and Recommendation of the Plan Commission and the Report and
Recommendation of the VCDC and to direct the Village -Attorney to prepare an
ordinance. Trustee Swartz commented that the ordinance should include changes to
the parking plan proposed at this meeting.
Trustee Rosenthal asked whether approval of
the office building signage would be a part this ordinance. Mr. Stucko and Mrs.
Houpt responded that signage for Whole Foods, Walgreens and the office building
are part of the recommendation. Trustees again discussed the proposed office
building signage, then took an informal vote. The vote was two trustees and
Mayor Forrest in favor of the signage and three trustees against it. It was
decided that the office building signage issue will be resolved at a later date,
before final plan approval is granted. The fence issue and certain landscaping
issues will also be resolved at a later time.
After further discussion, the motion passed,
with all trustees voting for it with the exception of Trustee Seidman.
Mayor Forrest reported that the Appearance
Review Commission, rather than the Plan Commission, will review the elevations
for buildings 1, 3, 7, 9, and will submit a recommendation to the Board.
The discussion of Deerfield Square being
completed, Mayor Forrest called for a five minute recess. He reconvened the
meeting at 9:50 P.M.
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR AMENDMENT June 11 to consider a request by the
TO THE EXISTING SIGN PLAN FOR THE Corporate 500 Center for an amendment to the
CORPORATE 500 CENTER existing signage plan. The petitioners are
requesting to place tenant names on the three
existing double sided ground signs located along Corporate 500 Drive. Up to four
major tenants will be listed on each sign. The content of these signs is
currently limited to the building addresses. By a vote of 5 -0 the Plan
Commission voted to approve the request.
Trustee Seidman made a motion to accept the
Report and Recommendation of the Plan Commission and to direct the Village
Attorney to prepare an ordinance. Trustee Heuberger seconded the motion.
Attorney James Marovitz reported that major
tenants have requested the identification signs to help clients to locate them.
There will be no logos on the signs, and the same size lettering will be used.
The monument sign will not be changed.
Trustee Swartz recused himself from this
agenda item. After discussion, all other trustees voted in favor of the motion.
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a workshop meeting
COMMISSION RE REQUEST FOR on June 11 to consider the request of
MODIFICATION OF AN APPROVED PUD, Ulta 3 Cosmetics and Salon at Deerbrook Mall.
ULTA 3, DEERBROOK MALL The petitioners requested permission to
install five yellow fabric awnings on the
building. There would be no lettering on the awnings and they would not be lit.
On a motion to approve the request the Plan Commission voted 0 for and 5 against.
Trustee Seidman made a motion to accept the
Report and Recommendation of the Plan Commission. Trustee Swartz seconded the
motion. The motion passed unanimously. The petitioner's request is denied.
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REPORT AND RECOMMENDATION OF STAFF This agenda item was tabled at the 6/15/98
RE VENDOR AT THE DEERFIELD ROAD, Board meeting and will remain tabled.
TRAIN STATION
RECOMMENDATIONS OF MANPOWER The Manpower Commission is recommending that
COMMISSION Jules Beskin and James Landaker be appointed
to vacancies in the Appearance Review
Commission. Trustee Rosenthal made a motion to approve the appointments.
Trustee Heuberger seconded the motion. The motion passed unanimously.
CONSENT AGENDA
ORDINANCE 0 -98 -30 AMENDING ZONING An ordinance amending the-Zoning Ordinance
ORDINANCE RE REGULATIONS RELATING regulations relating to wireless
TO WIRELESS COMMUNICATION SERVICE communications. Second Reading.
FACILITIES
Trustee Rosenthal made a motion to pass the
Consent Agenda and adopt the ordinance. Trustee Swartz seconded the motion. The
motion passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
OLD BUSINESS
ORDINANCE AMENDING ZONING ORDINANCE An ordinance amending the Zoning Ordinance
RE REGULATIONS RELATING TO HOME re regulations relating to home occupations.
OCCUPATIONS Second Reading.
Mayor Forrest commented that he does not
think the ordinance is ready for passage in its present form. One problem is
with grandfathering of current businesses. If current businesses are not
registered, and many are not, there is no way to police the grandfather clause.
Registration must be required and, after allowing a certain time period for
businesses to register, the grandfathering issue should expire. Also, the
definition of an employee needs to be more clearly defined. Finally, a method
needs to be devised for policing home based businesses that cause problems for
their neighbors. Mayor Forrest suggested that the matter be referred back to the
Plan Commission for further review. Trustee Seidman so moved. Trustee Heuberger
seconded the motion.
Two home based business owners and Deerfield/
Bannockburn /Riverwoods Chamber of Commerce President Katie Spies responded to
Mayor Forrest's comments.
After discussion, the motion to send the
matter back to the Plan Commission passed unanimously.
AUTHORIZATION FOR MAYOR TO SIGN At the Board meeting of 6/15/98, the agenda
AGREEMENT FOR TERMINATION OF LEASE, item regarding authorization for the Mayor
AQUASCAPE AQUARIUM COMPANY to sign an agreement for termination of
lease of Aquascape Aquarium Company was
tabled.
Trustee Swartz made a motion to remove the
agenda item from the table. Trustee Heuberger seconded the motion. The motion
passed unanimously.
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Trustee Swartz made a motion to authorize
Mayor Forrest to sign the agreement for termination of lease with Aquascape.
Trustee Heuberger seconded the motion. The motion passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
AUTHORIZATION FOR MAYOR TO SIGN At the Board meeting of 6/15/98, the agenda
AGREEMENT FOR TERMINATION OF LEASE, item regarding termination of lease of Ron
RON & MARTY'S DEERFIELD HARDWARE & Marty's Deerfield Hardware was tabled.
Mr. Franz reported that he has been notified
by special counsel Morrison that the matter should remain tabled.
RESOLUTION R -98 -16 APPROVING
SETTLEMENT OF PRELIMINARY
COMPENSATION FOR PROPERTY OWNED BY
H. D. ELECTRIC
the property has been set at $525,
The motion passed by the following
Trustee Seidman made a motion to adopt a
resolution approving a settlement of
preliminary compensation for the medical
building at 760 Osterman Avenue owned by
H. D. Electric. The preliminary value for
)00. Trustee Heuberger seconded the motion.
vote:
AYES: Heuberger, Rosenthal,.Seidman, Swanson, Swartz (5)
NAYS: None (0)
motion. Special counsel Morrison clarified that this purchase includes Deerfield
Heating and Air Conditioning as well as Alley Cleaners. The motion passed by the
following vote:
5
The final value of the property will be
determined at a later date by a jury
trial.
RESOLUTION R -98 -17 APPROVING
Trustee Swartz made a motion to adopt a
SETTLEMENT OF LITIGATION, ONE
resolution approving the purchase of One
OSTERMAN PLAZA, 768 OSTERMAN AVE.
Osterman Plaza, 768 Osterman Avenue, in
the amount of $1,650,000. Trustee Heuberger
seconded the motion. The motion
passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
RESOLUTION R -98 -18 APPROVING
Trustee Swartz made a motion to adopt a
SETTLEMENT OF LITIGATION, NAPA AUTO resolution approving the purchase of NAPA
PARTS, 756 ROBERT YORK AVENUE
Auto Parts, 756 Robert York Avenue, in the
amount of $462,000. Trustee Heuberger
seconded the motion. The motion
passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
RESOLUTION R -98 -19 APPROVING
Trustee Swartz made a motion to adopt a
SETTLEMENT OF LITIGATION, DEERFIELD
resolution approving the purchase of
ELECTRIC, 758 ROBERT YORK AVENUE
Deerfield Electric, 758 Osterman Avenue, in
the amount of $425,000. Trustee Heuberger
seconded the motion. The motion
passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
RESOLUTION R -98 -20 APPROVING
Trustee Swartz made a motion to adopt a
SETTLEMENT OF LITIGATION, ALLEY
resolution approving the purchase of Alley
CLEANERS, 704 WAUKEGAN ROAD
Cleaners, 704 Waukegan Road, in the amount
of $710,000. Trustee Heuberger seconded the
motion. Special counsel Morrison clarified that this purchase includes Deerfield
Heating and Air Conditioning as well as Alley Cleaners. The motion passed by the
following vote:
5
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)-
NAYS: None (0)
NEW BUSINESS
ANALYSIS AND AWARD OF BID FOR
1998 -99 4 -WHEEL DRIVE CONVENTIONAL
TRUCK AND DUMP BODY
$16,323 with trade -in be accepted.
Two sealed bids were received for a 1998/99
4 -wheel drive dump truck. Mr. Soyka
recommends that the low bid of Bob Fish GMC
Inc., West Bend, Wisconsin, in the amount of
Trustee Seidman made a motion to award the
bid to Bob Fish GMC, Inc. in an amount not to exceed $16,323 with trade -in.
Trustee Swartz seconded the motion. The motion passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
Ia7L- ralIMCY MOWN I
DISCUSSION OF HOTEL TAX RATE Rick Harris, General Manager of Embassy
INCREASE Suites, and John Buntemeyer, General Manager
of Marriott Suites, were in attendance to
protest the increase in the hotel tax rate from 5$ to 6 %, effective August 1,
1998. Mr. Harris stated that the hotel managers were not involved in the
decision making process and knew nothing about the increase until receiving a
letter from the Village that an ordinance had been passed. According to Mr.
Harris, only three cities in Illinois now have a higher rate than Deerfield's 12%
(6% Deerfield tax and 6% state tax). He suggested a 60 -day moratorium on the
increase so that discussions can be held on whether or not to implement the
increase. Mr. Buntemeyer commented that even without a rate increase, the
revenue to the Village has increased steadily as hotel revenues have increased.
He suggested that if the rate is to be increased, some of the dollars should be
turned over to a convention and visitors bureau to be spent on publicizing
southern Lake County. Katie Spies of the Chamber of Commerce agreed with the
managers that actively publicizing southern Lake County would be a good idea.
Mayor Forrest commented that the decision to
increase the tax rate was well publicized_. He also commented that this is the
first rate increase since the tax was implemented in 1984. Trustee Heuberger
added that the increase is warranted by the increased use of Village services by
the hotels and by the increased cost to the Village for providing those services.
In response to the suggestion to donate funds to a convention and visitors
bureau, trustees suggested that any proposal be put in writing to be considered
for possible inclusion in next year's budget.
DISCUSSION OF VEHICLE STICKER
LATE FEE
after the July 1 deadline.
Deerfield resident Arnie Glickman was in
attendance to protest the late fee he was
assessed for purchasing his vehicle sticker
RESOLUTION R -98 -21 PROHIBITING Mrs. Houpt reported that she has had
ISSUANCE OF BUILDING PERMITS conversations with the Northwoods Homeowners
AT NORTHWOODS Association, and they are very concerned
about the issues of tear downs and rebuilds.
They would like for the Village to not issue building permits for these types of
things until changes to the zoning district regulations can be brought to the
Board for consideration. Mrs. Houpt stated that the proposed amendments will be
ready for Board study in September. The current moratorium expires on August 30.
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After discussion, Trustee Heuberger made a
motion to adopt a resolution prohibiting the issuance of building permits in
Northwoods until November 30. Trustee Seidman seconded the motion. The motion
passed unanimously.
Trustee Heuberger made a motion to extend the
moratorium previously adopted by resolution to terminate concurrently with the
new resolution on November 30. Trustee Seidman seconded the motion. The motion
passed unanimously.
EXECUTIVE SESSION Trustee Seidman made a motion to go into
Executive Session to discuss land
acquisition. Trustee Swartz seconded the motion. The motion passed by the
following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
ADJOURNMENT There being no further business to discuss,
Trustee Heuberger made a motion to adjourn
the meeting. Trustee Swartz seconded the motion. The motion passed unanimously.
The meeting was adjourned at 11:00 P.M.
ATTEST:
Village Clerk
APPROVED:
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Mayor
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VISION 2000
DEERFIELD VILLAGE CENTER REVITALIZATION
Progress Report
Southwest Quadrant:
July 6, 1998
> Tonight's agenda includes:
1) Resolution approving a stipulated preliminary value for the property at 760
Osterman Avenue (medical building) in the amount of.$525,000. The final value
will be determined at a later date by a jury trial.
2) Resolution approving the purchase of One Osterman Plaza, 768 Osterman Ave. in
the amount of $1,650,000.
3) Resolution approving the purchase of Deerfield Electric, 758 Robert York Ave. in
the amount of $425,000.
4) Resolution approving the purchase of NAPA Auto Parts, 756 Robert York Ave. in
the amount of $462,500.
5) Resolution approving the purchase of Alley Cleaners, 704 Waukegan Rd. in the
amount of $710,00.00
> The closing for 803 Deerfield Rd. (Judy's Pizza) occurred on June 29`h
> The court date on the leasehold interest of Jewel Food Store is scheduled for
Tuesday, July 7".
> The Quick -take hearing on Hoppe's Medical Building at 763 Deerfield Rd. has been
continued until July 2' )'.
> The Right Bank Hair Salon, currently in the First Chicago Building, is planning to
move to Michael Rizzo's building on Waukegan Road. A public hearing on their Special
Use request is scheduled with the Plan Commission on July 2) . My Son the Jeweler is
moving to the mini -mall on Waukegan Road in the space formerly occupied by Home
Court Advantage.
Southeast Quadrant:
> The Village Staff met last week with Mesirow Stein/Northern Realty. The following
meetings have been scheduled:
> Plan Commission Pre - filing Conference - July 23rd
> Village Center Development Commission - August 5`h
> Plan Commission Public Hearing - August 13"'
> Representatives of Northern Realty have met with First Midwest Bank and Deerfield
Schwinn to discuss how best to coordinate their plan with these existing businesses.
South Commons:
> The public hearing for the James Building Corporation was held on June 25`h.
Details are still needed from James on landscaping, elevations, fencing and grading.
Therefore, the public hearing was continued to August 13`h
> The Village is preparing a final draft of the Redevelopment Agreement, which should
be ready for Village Board consideration in August.
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