11/02/1998November 2, 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, November 2, 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 to approve the
minutes of the previous meeting. Trustee
Heuberger seconded the motion. The motion passed unanimously.
PROCLAMATION- AMERICA RECYCLES DAY Mayor Forrest proclaimed Sunday, November 15,
1998 as America Recycles Day in Deerfield.
Trustee Rosenthal made a motion to accept the proclamation. Trustee Swartz
seconded the motion. The motion passed unanimously. Trustee Seidman accepted
the proclamation on behalf of the Solid Waste Agency of Lake County.
VISION 2000 UPDATE Mayor Forrest presented a progress report on
the redevelopment of the Southwest Quadrant,
the Southeast Quadrant and South Commons.
REPORTS
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR August 27 and continued to October 8 to
RESTAURANT AND APPROVAL OF ANY consider a request from Zippy's Restaurant
VARIATIONS, MODIFICATIONS OR and Deerfield Associates for a special use to
AMENDMENTS NECESSARY - ZIPPY'S, permit a restaurant with a drive through. It
LAKE COOK ROAD METRA SITE is the recommendation of the Plan Commission
that the petitioner's request for the special
use for the restaurant be approved. The motion passed 6 -0. It is also the
recommendation of the Plan Commission that the petitioner's request for sign
modifications for the size and height of the north and east wall signs, for the
size of the directional sign,�and for the height of the lettering on the pylon
signs be approved. That motion also passed 6 -0.
Attorney David Norton; Rick Filler, Director
of Development for the Harlem Irving Companies, developers of the METRA site;
Zippy's owner Spiro Douveris; architect Patrick Marzula, and traffic consultant
Robert Hamilton were in attendance to discuss the plan and to answer questions
from the Board.
Mr. Norton described the restaurant and its
placement on the middle pad at the METRA site. Mr. Douveris briefly described
the menu and explained that most cooking will be done at a central commissary in
Arlington Heights and will be delivered to the restaurant at about 10:00 A.M.
Trustee Rosenthal asked if the owner would be
willing to build the restaurant without a drive through. Mr. Douveris responded
that he would not. Depending on the season, 30 -45% of the restaurant's business
is drive through. Trustee Rosenthal commented that she is concerned about
traffic problems that may be caused by the drive through. Potential traffic
problems, signalization, and Zoning Code requirements were discussed, after which
a vote was taken to determine the trustees' stand on having a drive through.
Trustees Rosenthal and Swartz voted against it. Trustees Swanson and Seidman
voted in favor of it. Trustee Heuberger noted that he is recused from this
agenda item. Mayor Forrest stated that he has no opposition to the drive
through.
Mr. Norton described the sign package.
Trustee Swartz commented that the words "drive through" should be omitted from
the pylon sign and the directional sign . Other trustees agreed. Mr. Douveris
responded that this is acceptable to him.
After discussion of the proposed color
scheme, the fact that the original proposal called for a more upscale restaurant
and other topics, Trustee Seidman made a motion to accept the Report and
Recommendation of the Plan Commission and to direct preparation of a special use
ordinance. Trustee Swanson seconded the motion. The motion passed, with
Trustees Seidman and Swanson voting for it, Trustees Rosenthal and Swartz voting
against it, and Mayor Forrest breaking the tie with a vote for it.
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR AMENDMENT September 10, continued to October 8, to
TO ZONING ORDINANCE AND SUBDIVISION consider a request by the Northwoods Road
CODE FOR NORTHWOODS ROAD AREA Association. It is the recommendation of the
Plan Commission that the request for
amendment of the Subdivision Code so as to require a 300' lot depth for the lots
fronting on Northwoods Road as part of a subdivision be denied. All other
proposed amendments were withdrawn from consideration at the request of the
property owners. On a motion to approve, the vote'was two Ayes and four Nays.
Attorney Robert Kenny, representing the
Northwoods Road Association, summarized the history of the Northwoods Road
subdivision, beginning earlier in the 'year when the Board turned down a request
by developers for preliminary plat approval for a flag lot subdivision. At the'
same meeting the Board also declared a moratorium on requests for rezoning in
Northwoods while the possibility of setting a special zoning classification for
the area could be studied. For 7 ;1 months, residents studied possible ways in
which they could both preserve the character of their neighborhood and prevent
worsening of their drainage problems. They then made several recommendations
before the Plan Commission, which they later reduced to the single provision in
the subdivision code, which is that all new subdivided lots on the street would
be required to have 300' of lot depth instead of the current 1101. This
provision, while not solving all of the neighborhood's problems, would prevent
cul de sac and flag lot situations. Of the street's 46 residents, •34 support the
recommendation and request that the Board overturn the Plan Commission report and.
recommendation.
For more than half an hour, residents of
Northwoods Drive and surrounding streets urged the Board to overturn the Plan
Commission recommendation and approve their proposal for a minimum 300' lot depth
for newly subdivided lots on the street. Larry Heisler, an attorney representing
Andrew Lipowski and Rick Johnstone, who had proposed a preliminary plat of
subdivision earlier in the year and had it denied, was the only one to speak
against the 300' lot depth requirement.
After listening to all comments, Trustee
Seidman made a motion to accept the Plan Commission report and recommendation,
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thus denying the amendment to the subdivision code. Trustee Swartz seconded the
motion. The motion failed by the following vote:
AYES: None (0)
NAYS: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
The Plan Commission recommendation is
overturned. The Village attorney will prepare an ordinance amending the
subdivision code.
CONSENT AGENDA
ORDINANCE 0 -98 -43 AMENDING An ordinance approving stop signs on Central
MUNICIPAL CODE RE STOP SIGNS AT Avenue for east and westbound traffic at
INTERSECTION OF CENTRAL AND Indian Hill. Second Reading.
INDIAN HILL
ORDINANCE 0 -98 -44 AMENDING An ordinance approving a stop sign on Estate
MUNICIPAL CODE RE STOP SIGN ON Drive at Pfingsten Road. Second Reading.
ESTATE DRIVE AT PFINGSTEN ROAD
Trustee Seidman moved for passage of the
Consent Agenda and adoption of the ordinances. Trustee Heuberger seconded the
motion. The motion passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
.NAYS: None (0)
REPORTS, PART II
REPORT AND RECOMMENDATION OF SAFETY Homeowners from Willow, Country Lane, and
COUNCIL RE REQUEST FOR STOP SIGN AT Edgewood Court approached the Safety Council
WILLOW AVENUE AT COUNTRY LANE with a request to place a stop sign on Willow
at Country. Chief Anderson reported that
Willow attracts a significant number of vehicles from Hackberry and Gordon.
Vehicles traveling east and west between Edgewood Court and Country Lane
encounter vehicles southbound on Willow who assume they have the right -of -way.
Posting a stop sign on Willow will eliminate this confusing and dangerous
situation. The Safety Council recommends, and Chief Anderson concurs, that the
request for a stop sign be granted.
Trustee Swanson made a motion to direct the
Village attorney_to prepare an ordinance. Trustee Heuberger seconded the motion.
The motion passed unanimously.
NEW BUSINESS
AUTHORIZATION FOR MAYOR TO SIGN TWO The Village and the Fraternal Order of Police
YEAR AGREEMENT BETWEEN THE VILLAGE Local Union have agreed to a two year
AND THE ILLINOIS FOP LABOR COUNCIL contract with the following provisions:
0 3 �2b wage increase retroactive from May 1, 1998 through April 30, 1999;
• 3 It% wage increase from May 1, 1999 through April 30, 2000;
0 Increase in uniform allowance from $700 to $750 /year;'
• Increase in employee share of health and dental insurance costs;
• Increase in College Tuition Reimbursement Program from $90 to $125 per credit
hour
• Several non - economic changes in the contract involving such issues as the
Grievance Procedure, Management Rights and Inspection of Personnel Files.
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Trustee Swartz made a motion to authorize
Mayor Forrest to sign the agreement. Trustee Rosenthal seconded the motion. The
motion passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
REQUEST FOR CLASS E LIQUOR LICENSE, The owner of the Italian Kitchen Restaurant
ITALIAN KITCHEN RESTAURANT is requesting a Class E liquor license. The
restaurant currently has a Class C license
and the owner feels the Class E license is needed in order to remain competitive.
Trustee Rosenthal made a motion to direct the
Village attorney to create a Class E liquor license and to eliminate a Class C
liquor license. Trustee Swanson seconded the motion. The motion passed
unanimously. ,
AUTHORIZATION TO ACCEPT PROPOSAL A condition appraisal is needed for the
FOR CONDITION APPRAISAL FOR THE Deerfield Road pedestrian bridge and its
DEERFIELD ROAD PEDESTRIAN BRIDGE approaches. Proposals for the condition
AND ITS APPROACHES appraisal and recommendations for remediation
were received from Walker Parking Consultants
and Rust Environment and Infrastructure. It is the recommendation of the
Director of Public Works and Engineering that the Walker Parking Consultants
proposal be accepted in an amount not to exceed $13,900. This recommendation is
based on interviews, their experience with deteriorating structures, and scope of
services.
Trustee Seidman made a motion to accept the
proposal of Walker Parking Consultants in an amount not to exceed $13,900.
Trustee Swartz seconded the motion. The motion passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
REQUEST OF CABLE AND TELECOMMUN- The Cable and Telecommunications Commission
ICATIONS COMMISSION TO RETAIN LEGAL is requesting authorization to spend up to
CONSULTING SERVICES $5,000 for legal consulting services. Issues
to be addressed include resolution of
customer service issues under the current franchise; the request for transfer of
the franchise from TCI to AT &T; and inquiries from various providers for access
to locations within the Village and use of Village right -of -way.
After discussion, Trustee Rosenthal made a
motion to authorize up to $5,000 for the Cable and Telecommunications Commission
for legal consulting services. Trustee Swartz seconded the motion. The motion
passed by the following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
DISCUSSION
TOLLWAY RAMP Forsythia Drive resident Gary Lawson
requested an update on any developments
regarding the tollway ramp that have taken place since the last meeting. Mr.
Franz responded that the Village has not received any specifics of possible
alternate ramp designs, and has been told by the tollway that that they probably
will not have anything to report until December.
We -Go Trail resident Alan Rohrback reported
that a list of 400 signatures of area residents in opposition to the ramp as
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proposed has been given to Senator Link and Representative Gash. He updated the
Board on conversations the residents have had with tollway representatives. He
also requested that by the next meeting the Board consider formally adopting a
position on the ramp and communicating to the tollway that they believe that any
work currently being done on the project should not preclude a mutually agreeable
redesign of access to Deerfield Road from the Edens Spur.
POST OFFICE Marvin Kayne commented that the post office
is convenient and centrally located where it
is now. He urged the Board not to continue its quest to persuade the government
to move it. Trustees explained to Mr. Kayne that the Village would like to
retain the retail portion of the operation in the Village center. They are
trying to move only the industrial portion of the operation and to keep the post
office from proceeding with a proposed expansion which will bring in more trucks
and more traffic.
ORDINANCE 0 -98 -45 AUTHORIZING First Midwest Bank is requesting that the
PURCHASE OF LAND FROM MIDWEST BANK Village purchase a triangular shaped parcel
of about 2,700 square feet located behind
their facility and add it to the land to be used in the redevelopment of the
southeast quadrant. Board authorization is required to permit the purchase.
Trustee Seidman made a motion for a waiver of
the rules to permit an ordinance to be passed on First Reading. Trustee Swartz
seconded the motion. The motion passed unanimously.
ADJOURNMENT There being no further business to discuss,
Trustee Swartz made a motion to adjourn the
meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously.
The meeting was adjourned at 10:08 P.M.
ATTEST:
Village
APPROVED:
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Mayor
Trustee Seidman made
a motion to adopt an
ordinance authorizing purchase of
the property. Trustee
Swartz seconded the
motion. The motion passed by the
following vote:
AYES: Heuberger, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0)
EXECUTIVE SESSION
Mayor Forrest asked for a motion to go into
Executive Session to
discuss litigation.
Trustee Swartz so moved. Trustee
Rosenthal 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 Swartz made a motion to adjourn the
meeting. Trustee Rosenthal seconded the motion. The motion passed unanimously.
The meeting was adjourned at 10:08 P.M.
ATTEST:
Village
APPROVED:
5
Mayor
VISION 2000
DEERFIELD VILLAGE CENTER REVITALIZATION
Progress Report November 2. 1998
Southwest Quadrant (Deerfield Square):
> Rumors continue to circulate regarding Charles Malk's finances. While it is true that he
is no longer dealing with LaSalle Bank, he is pursuing a loan from another lender, Key
Bank, a $69 billion bank whose main offices are in Cleveland, Ohio. It should be noted
that several real estate projects have felt the effect of a tighter market. The Village
remains confident that a loan will be secured and that the project will proceed on
schedule.
> With the exception of two houses on Osterman Avenue, Phase I demolition work is
completed. Robert York Avenue realignment work will begin shortly.
> The Village has reached agreement with the owner of property at 748 Osterman Avenue
(Busscher's residence) to acquire that parcel. The real estate contract will be on the next
Village Board agenda.
> The Village is working with the developer and Chamber of Commerce in creating
signage to indicate that businesses in the quadrant are still open and operating.
Southeast Quadrant (Deerfield Center):
> The Plan Commission has recommended approval of the Mesirow Stein/Northern Realty
preliminary plan for a 60,600 sq. ft. retail/office development with 60 units of rental
housing. Their report will be on the November 16th Village Board agenda.
> Negotiations continue with First Midwest Bank to acquire two vacant parcels which they
own-In the quadrant.
South Commons:
> The Village and the James Company are working on the final draft of a Redevelopment
Agreement for the 10 acre multi - family redevelopment project.
> The Appearance Review Commission completed its review of the proposed development
on October 19th. Their report will be filed with the Board of Trustees.
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