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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, 2 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. 3 1.52 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 4 153 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: 5 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. 1 1 1