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08/03/1998August 3, 1998 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Village Manager in the Council Chamber of the Village Hall on Monday, August 3, 1998, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Marvin W. Ehlers John H. Heuberger Harriet E. Rosenthal 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 Sheila Quinn and Village Manager Robert Franz. VISION 2000 UPDATE Via intercom Mayor Forrest greeted Board members and the public from his home, where he is recovering from heart surgery. He thanked everyone for their cards, flowers and good wishes. He then presented the progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant, and South Commons. 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 to approve the minutes of the previous meeting. Trustee Swartz seconded the motion. Trustee Seidman pointed out a typographical error. A motion to approve the minutes as amended passed unanimously. REPORTS REPORT AND RECOMMENDATION OF BZA A public hearing was held on June 23, 1998 to RE REQUEST FOR MODIFICATION OF consider the request of NBD Highland Park SIGNAGE PLAN, 747 LAKE COOK ROAD Bank for a variation from the Zoning Ordinance. The variation would permit the replacement of an existing non - conforming sign with a new sign which complies with the requirements of the Zoning Ordinance, except for location, to be located in the front setback less than 100' from the front property line. The Board of Zoning Appeals voted 5 -0 to approve the petitioner's request. Trustee Swartz made a motion to approve the report and recommendation of the Board of Zoning Appeals. Trustee Ehlers seconded the motion. After discussion, the motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AN July 9 to consider the request of Douglas TV, AMENDMENT TO A SPECIAL USE /PLANNED 350 Lake Cook Road, for an amendment to a UNIT DEVELOPMENT TO PERMIT EXTERIOR Special Use /Planned Unit Development to RENOVATIONS, DOUGLAS TV, 350 LAKE permit exterior renovations. By a vote of LAKE COOK ROAD 5 -0, the Plan Commission voted to approve the petitioner's request, including the request for a sign modification for the location of the wall sign. Steve Kritz, representing Douglas TV, explained that the plan calls for the front facade to be raised to provide more visual impact from the street. The height of the front facade will increase about 5 ;1' from the existing roof line plus an additional 4' at the peak. The height of the building itself is not to be changed. 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 Ehlers seconded the motion. Mayor pro tern Rosenthal commented that the changes will be-a big improvement, but use of the windows to display televisions and signs detracts from the appearance of the building. Trustee Swartz commented that while the appearance of the building would be improved by the proposed changes, he cannot vote for the plan because, in his opinion, the increase in the size of the facade is being done primarily, if not entirely, to permit an increase in the size of the signage. Trustee Heuberger.agreed that the appearance of the building would be improved by the proposed changes, but he would not want to set a precedent of increasing the size of a parapet merely in order to be able to increase the size of a sign. After discussion it was decided that a 15% reduction in the size of the proposed sign would make the plan acceptable. Mr. Kritz agreed to come to the next meeting with a revised drawing showing a sign that is 15% smaller in area than the one presented to the Plan Commission. Trustee Swartz made a motion to approve the report and recommendation of the Plan Commission with a 15% reduction in the size of the sign. Trustee Heuberger seconded the motion. The motion passed unanimously. At 8:25 Mayor pro tem Rosenthal reported that the audio of the meeting is not being picked up on cable TV. She called for a brief recess while the problem is being addressed. The meeting was reconvened at 8:30 P.M. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR VACATION July 9 to consider a request by the owners of OF VILLAGE RIGHT -OF -WAY LOCATED TO 1230 Country Lane that the Village vacate the THE SOUTH OF 1230 COUNTRY LANE, 120' by 30' right -of -way located immediately BOYER to the south of their property. This piece of right -of -way was dedicated to the Village for a possible future road to go through the block. It contains the access driveway to 1230 Country Lane. As it has been determined that Country Lane will not be extended through the block, the Plan Commission recommended that the petitioner's request be approved. The motion passed 5 -0. Trustee Heuberger made a motion to accept the report and recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. Trustee Heuberger commented that typically when the Village vacates property in favor of a resident, a nominal fee of about $1 /square foot is charged to the resident. Attorney Lawrence Freedman responded that the fee should be waived in this case since Mr. Boyer paid for the property five years ago as part of the purchase of 1230 Country Lane. Trustee Seidman commented that the price should be waived if Mr. Boyer can provide proof that he has already paid for the parcel. Trustee Heuberger agreed. 2 After further discussion, the motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST TO PERMIT THE July 23 to consider the request of the owners ESTABLISHMENT OF A.CLASS A SPECIAL of Right Bank Salon for a Class A Special Use USE AT 825 WAUKEGAN ROAD, RIGHT at 825 Waukegan Road. The petitioners must BANK SALON relocate due to the redevelopment of the southwest quadrant and wish to relocate in the Village. Beauty shops are a special use when located on the first floor in the C -1 Village Center district. By a vote of 4 -1, the Plan Commission voted to approve the petitioner's request. Trustee Heuberger commented that the Board cannot take a formal vote on the petition at this time since the VCDC has not yet acted on it. He recommended that in order to expedite the matter, the Board accept the Report and Recommendation of the Plan Commission and direct the preparation of the ordinance. The Board will not vote on the ordinance, however, until receiving the VCDC report. Trustee Ehlers seconded the motion. Trustee Swartz questioned the adequacy of parking at the site. George Trotti, co -owner of the salon, commented that he thinks there is enough parking. The only possible problem he foresees is exiting on Saturday morning. As is the case in their current location, employees will be instructed to park further away and save the close -in parking for patrons. After discussion, the motion passed unanimously. REPORT AND RECOMMENDATION FROM This agenda item was tabled at the June 15, STAFF RE VENDOR AT THE DEERFIELD 1998 Board meeting. Trustee Heuberger made a ROAD TRAIN STATION motion to remove the matter from the table. Trustee Swartz seconded the motion. The motion passed unanimously. Three vendors expressed an interest in the Deerfield Road Train Station concession. Trustee Heuberger commented that one of the applicants, Dale Lothspeich, is the retired manager of the Deerfield Station and is the current manager of the newspaper concession at the station. Trustee Heuberger commented that Mr. Lothspeich should be given the opportunity to operate the vending service. After discussion, Trustee Heuberger made a motion to enter into a contract with Dale Lothspeich. Trustee Ehlers seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -98 -31 APPROVING An ordinance permitting placement of tenant AMENDMENT TO THE EXISTING SIGNAGE names on three existing double sided ground PLAN FOR THE CORPORATE 500 CENTER signs located along Corporate 500 Drive. Second Reading. Trustee Swartz recused himself from this agenda item. 3 1 Trustee Seidman 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) ORDINANCE 0 -98 -32 GRANTING LOT An ordinance granting a variation from the WIDTH VARIATION, COOPER, 406 provisions of the Zoning Ordinance for the BRIERHILL ROAD property at 406 Brierhill Road. Second Reading. Trustee Seidman made a motion to adopt the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) OLD BUSINESS AUTHORIZATION FOR MAYOR TO SIGN This agenda item was tabled at the 6/15/98 AGREEMENT FOR TERMINATION OF LEASE, Board meeting and will remain tabled. RON & MARTY'S DEERFIELD HARDWARE RESOLUTION R -98 -23 AUTHORIZING SETTLEMENT OF PRELIMINARY COMPENSATION FOR HOPPE PROPERTY, 763 DEERFIELD ROAD at a later date. A resolution approving settlement of preliminary compensation for the Hoppe property at 763 Deerfield Road in the amount of $550,000. A final value for the property will be determined by a jury trial to be held Trustee Seidman made a motion to adopt the resolution. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) AUTHORIZATION TO RETAIN SPECIAL COUNSEL FOR COLLECTIVE BARGAINING SERVICES and have selected A. Lynn Himes of represent the Village in negotiati NEW BUSINESS The Police Association has voted to join the Fraternal Order of Police union and is now bargaining with legal counsel. The Board felt they should have legal counsel as well the firm Scariano, Kula, Ellch and Himes to �g an initial collective bargaining agreement. Trustee Swartz made a motion to retain A. Lynn Himes to represent the Village in its negotiations with the Fraternal Order of Police. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) OLD BUSINESS, continued ORDINANCE 0 -98 -33 AMENDING ZONING An ordinance amending the Zoning Ordinance ORDINANCE RE DEERFIELD SQUARE AND re Deerfield Square, Second Reading, and an ORDINANCE 0 -98 -34 AMENDING ZONING ordinance amending the zoning map and MAP AND APPROVING SPECIAL USES FOR approving special uses for Deerfield Square, 4 DEERFIELD SQUARE, CRM PROPERTIES INC., CHARLES MALK Mayor Forrest supporting the final Deerfield Square, Mr. Malk and Cat changes they are proposing for the Second Reading. Mayor pro tem Rosenthal read a statement from plan for Deerfield Square. Using a revised artist's rendering of aerine Maxwell of Otis Associates pointed out development. Mr. Malk reported that a number of tenants have signed leases. These include Gap, Old Navy, Eastern Mountain Sports, and a national bookstore. Mr. Malk also reported that he will be leasing space to the Chamber of Commerce at a reduced rent. Mrs. Quinn commented that the ordinance amending the Zoning Ordinance required no changes, from the way it was written; however, the ordinance amending the zoning map and approving special uses for Deerfield Square has been revised to accommodate the changes presented at this meeting. These include: • changes in the overall square footage for retail and office • concept approval only for building #8 • reduction in the number of parking spaces • the ordinance has been made subject to finalizing the development agreement Mayor pro tem Rosenthal commented that the Board will not make a decision on the clock tower sign /clock issue and the fence issue until the Appearance Review Commission has issued its recommendation. Trustee Seidman commented that although Mr. Malk has presented a very good plan, he will be voting against it for various reasons which he enumerated. Mayor pro tem Rosenthal read a statement from Mayor Forrest in which he concluded that there is good and sufficient cause to grant a variation for stormwater management for Deerfield Square, and he recommended that the variation be granted. Mayor pro tem Rosenthal asked if there was any public comment. Jerry Kayne, a member of the Deerfield Community Alliance, commented that he is concerned about parking. In his opinion, getting into and out of the parking garage will be difficult during rush hours. Also, he is concerned that the number of parking spaces in the shopping center may be inadequate. After giving his reasons for supporting the plan, Trustee Swartz made a motion to adopt the ordinance amending the Zoning Ordinance for Deerfield Square. Trustee Heuberger also expressed his support of the Deerfield Square plan and seconded Trustee Swartz' motion. After further discussion, the motion passed by the following vote: AYES: Ehlers, Heuberger, Rosenthal, Swartz (4) NAYS: Seidman (1) Trustee Swartz made a motion to adopt the ordinance amending the zoning map and approving special uses for Deerfield Square. Trustee Heuberger seconded the motion. Mrs. Quinn clarified that this ordinance includes final development approval for buildings 4, 5, and 6 and concept approval for buildings 1, 2, 3, 7, 8, 9, 10. The motion passed by the following vote: 5 AYES: Ehlers, Heuberger, Rosenthal, Swartz (4) NAYS: Seidman (1) rI7 n! TTnC 7^WT AUDIO PROBLEMS Mayor pro tem Rosenthal apologized to those watching the meeting from home for the audio problems that took place at this meeting. She announced the rebroadcast times and dates for the meeting. EXECUTIVE SESSION Mayor pro tem Rosenthal asked for a motion to go into Executive Session to discuss land acquisition. Trustee Heuberger 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 Heuberger made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:30 P.M. 1 ATTEST: Vfllage Clerk APPROVED: Mayor y� 0 1' VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report August 3, 1998 Southwest Quadrant (Deerfield Square): > Tonight's agenda includes: 1.) Final action on the ordinances approving CRM Properties' Final Development Plan. 2.) A Resolution Authorizing Settlement of Preliminary Compensation for the property at 763 Deerfield Road. In court last week, the Village successfully defended its right to use Quick -take to acquire this parcel. Both the owner and the Village have agreed to a stipulated settlement of $550,000. > The Artemis leasehold interest case was held over by the court wail August 18f.i. > The Village is still on schedule to convey the properties to CPJ\4 Properties by late August. Demolition work would then begin in early September. Southeast Quadrant: > Mesirow Stein/Northern Realty attended a pre - filing conference with the Plan Commission on July 23rd at which time they introduced changes to the original concept plan. The interior roadway now lines up with Rosemary Terrace at Deerfield Road which will help in meeting warrants for a new traffic signal at that intersection. > Because the petitioner needs more time to resolve engineering i;.sues, the public hearing on the project is now scheduled for September 24th. South Commons: > The James Companies and Village staff are finalizing a Redevelopment Agreement which will be submitted to the Village Board for its consideration. > The public hearing before the Plan Commission on this 153 unit multi - family proje;,t is scheduled for August 13th. 1 1 1 i 1 i�l Mayor Forrest's Stateme�t Final Plan for Deerfield Square August 3, 1998 Village Board Meeting On tonight's agenda is the ordinance approving the Final Plan for Deerfield Square. After a very long process which began last October, the plan is ready to be implemented. Most of the properties have been acquired and demolition work on Phase I of the project is scheduled for September. While there have been strong differences of opinion on this development, I am convinced that we have made the right choice in taking an aggressive role on downtown redevelopment which has lan guished in inactivity for the last 20 years. Along with the mixed land use plan for the Southeast Quadrant and the James Companies' multi- family project south of Osterman, thirty acres of mostly underutilized and underdeveloped land will be revitalized at the very- heart of the community. While we had hoped that more local businesses would relocate back into thle new development, it is unrealistic to assume that all of the smaller businesses could afford the capital investment and rents required in a new development. However, we are pleased that several will be returning. Walgreens, First Chicago,, local doctors and dentists, and other smaller retailers will join national retailers such as 'Whole Foods and The Gap in a new downtown setting that will draw 'people together. Along with the other projects which make up Vision 2000, we will accomplish our long term goal of making the Village Center the focal point of :he community. Although there are facade issues yet to be resolved with the Deerfield Square plan, they will be reviewed by the Appearance Review Commission whose recommendations will be forwarded to the Board. Any major changes in the plan would require new hearings by the Plan Commission and approval of the Village The next two years will be difficult ones given the amount of new construction, its location in the middle of town, and the need to accommodate businesses that will remain open during the project. Once work, begins, we intend to hold regular briefings on site to answer questions and to keep everyone infbrmed of what to expect in the upcoming weeks. Please bear with us as we revitalize our Village Center. I regret that I will not be able to attend the August 3rd meeting due to my recent surgery. I want to thank the Board and all those who have worked. o:a bringing this plan to its final stages. We now begin the construction phase in building a downtown project that will meet the needs of our residents and reinforce the pride we feel for our community. 1 1 Mayor Forrest's Statement Deerfield Square Stormwater Variance August 3, 1998 Village Board Meeting At the July 6th Village Board meeting, a public hearing was held on a variation request from CRM Properties regarding stormwater management for their project in the southwest quadrant of the Village Center. The request was fo:r a reduction of the amount of required detention and the release rates imposed by Deerfield's Stormwater Ordinance. Let me emphasize that Deerfield has been and remains a strong proponent of the Lake County Stormwater Management Agency. Indeed, we played an active role in its formation. I have served on that Board since its inception in 1987. Trustee Vern Swanson is on the Technical Advisory Committee, and is actively involved in all aspects of the agency. Deerfield was one of the first communities in Lake County to become certified under the Lake County Ordinance. The ordinances were established primarily in order to ass-.ire adequate stormwater detention in newly developing areas so that Deerfield's investment in stormwater improvements and facilities which have amounted to $17,000,000 over the last 20 years would not be rendered ineffective by new developments upstream. Wtie, n regulations were first considered, a good deal of time and effor.- also went into the subject of redeveloping older areas and the impact that the Stormwater Management Ordinance might have on such revitalization projects. It was understood that each project must be considered individually and discretion used in application of stormwater requirements. The objective from the beginning was to improve 1'. stormwater conditions without sacrificing the economic viability of redevelopment. I believe that there is good and sufficient cause to grant a. variation for stormwater management in the Deerfield Square Development. The plan for one acre foot of underground storage and the 20% increase in pervious areas will vastly improve the quadrant which currently has no stormwater detention. Additionally, the developer will upgrade the storm sewer located under the Deerfield underpass and install stormwater treatment systems at outflow locations to separate pollutants from the run off. Based on the conclusion reached by our engineers that not only will there be no adverse downstream impact as a result of this redevelopment project, but rather an improvement over current conditions, I recommend that the vacation be granted.