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11/16/1998November 16, 1998 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mr. Franz in the Council Chamber of the Village Hall on Monday, November 16, 1998, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: Bernard Forrest, Mayor John H. Heuberger 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 Seidman made a motion that Trustee Rosenthal serve as Mayor pro tem for the meeting. Trustee Swartz 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. The motion 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, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) TREASURER'S REPORT George Valentine presented highlights from the October Treasurer's Report. October sales tax receipts are even with the October receipts from last year, and the twelve month total is down 1% from the past year. Revenues are performing as projected. On the expense side, infrastructure replacement is over projection, mainly because the Village is further along on some projects than anticipated. As of October 31, 1998, 100.4% of cash was invested at an average interest rate of 6.225% which compares with an average rate of 4.012% for the 90 -day Treasury Bill. REPORT ON DEPARTMENTAL OBJECTIVES, FINANCE DEPARTMENT Mr. Valentine presented the Report on Departmental Objectives for the Finance Department. He reported that: • The Finance Department met its objective of investing 97% of all Village funds within control of the Treasurer and to exceed the 90 -day Treasury rate. • The Village has issued its Comprehensive Annual Financial Report for the year ending April 30, 1998. • The Village received the GFOA Certificate of Achievement for Excellence in Financial Reporting for the year ending April 30, 1997, and has submitted the current report to GFOA to determine its eligibility for another certificate. • The Village has sold 12,216 vehicle stickers so far this year. • The Village sold a $17,000,000 bond issue for the downtown redevelopment at a rate of 4.39 %. The bond was rated AAA by Moodys. • Continuing projects include financial planning for the redevelopment of the central business district, for water department improvements, and for infrastructure improvements. • Upcoming projects include the property tax levy and preparation of the 1999- 2000 annual budget. Trustee Seidman made a motion to accept the report. Trustee Swartz seconded the motion. The motion passed unanimously. INTRODUCTION OF STUDENT GOVERNMENT Diane Mikula introduced the junior high DAY OFFICIALS students who are participating in this pro tem Rosenthal presented each Center" tile. year's Student Government Day program. student with a "Home of the Bulls Training Mayor VISION 2000 UPDATE Mayor pro tem Rosenthal presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant, and South Commons. MANPOWER COMMISSION APPOINTMENTS Mayor pro tem Rosenthal reported that Mayor Forrest has recommended that Dorothy Fiedler and Jill Bernstein be appointed to the Fine Arts Commission. Trustee Seidman so moved. Trustee Swartz seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR SIDEYARD VARIATION, hearing on October 20 to consider the request SCHLAX, 945 ALDEN of Don and Jeanne Schlax for a variation for their property located at 945 Alden Court. The variation would permit a minimum side yard of 3.53 feet in lieu of the required 8 feet, thus allowing for the addition of a first floor breakfast room. The BZA found that siting of the original structure was causing the need for the variance, as the house was offset to one side of the property. Even with the variance allowing for the smaller side yard to the south, the total of the two side yards would meet the total required by the Zoning Ordinance for the R -3 Zoning District. By a vote of 5 -0, the BZA recommended that the petitioners' request for the variation be granted. Trustee Seidman made a motion to accept the report and recommendation of the BZA and to direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. Mr. Schlax, his architect, and BZA Chairman Bob Speckmann were in attendance to respond to questions from the Board. There was discussion as to whether or not briquettes on the addition are to be required by the ordinance, and it was decided that they are. After further discussion, the motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR SPECIAL October 22 to consider the request of Brinker USE FOR A RESTAURANT, ON THE International for a special use to permit the BORDER, 700 LAKE COOK ROAD establishment of an On The Border Restaurant at 700 Lake Cook Road. By a vote of 5 -0 the Plan Commission recommended that the petitioner's request be approved. It was also the recommendation of the Plan Commission that the petitioner's request for variations to permit: 1816" long parking spaces in lieu of 19' long spaces, and a landscaping waiver at the north end of Deer Lake Road to leave the existing landscaping in place in lieu of the required screen, and sign modifications to allow the wall signs to be above the height of the roof deck and to allow the south wall sign to project 1'7" out from the wall, be approved. That motion also passed 5 -0. 2 1 1 1 Kim Williams of Brinker International explained that the site of the proposed On the Border is currently occupied by a Chi -Chi's Restaurant, which is now closed. Demolition of that restaurant will take place as soon as the Development Plan for the new restaurant is approved. Ms. Williams described Brinker's plan, adding that the building will not be of the prototype architecture for On The Border restaurants, but will have a more upscale appearance. Ms. Williams requested that the Board approve the restaurant design as shown on the artist's rendering, but also grant permission, for cost savings reasons, to delete the enclosed patio portion of the building if necessary after the project has been bid. This change would reduce the square footage of the restaurant by about 1000 square feet of building area and would reduce the seat count by about 60. Also, approval is being requested for signage on the east and north sides of the building, although it is possible that the signage will not be needed. A variation is also being requested for landscaping along Deer Lake Road. Brinker would like to use 36" evergreens rather than the required 48 ". Also, on the northern Deer Lake Road portion, the petitioners wish to leave the landscaping as it is, with shade trees and sod. Ms. Williams discussed the lighting plan. Trustees expressed concerns about the appearance of bare bulbs. After further discussion Trustee Swartz made a• motion to accept the report and recommendation of the Plan Commission and to direct preparation of a special use ordinance. Trustee Ehlers seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT October 22 to consider the request of Carr TO SPECIAL USE FOR OFFICE BUILDING, America for an amendment to a special use for PARKWAY NORTH an office building at Parkway North. By a vote of 5 -0, the Plan Commission recommended that Carr America's request for an amendment to a planned unit development, approval of preliminary and final development plan for the proposed three -story office building including an at grade patio at the southwest corner of the building, and a resubdivision be approved. Attorney Leonard Rosenberg and members of the Carr America development team were in attendance to present the plan for 10 Parkway North, which is in the northeast quadrant of the development, at the intersection of Parkway North Blvd. and Deerfield Road. The three story building is to be about 40' tall and will contain less than 100,000 square feet. Parking spaces will be in excess of what is required. The building plan meets all setback requirements set forth in the annexation agreement. A screened trash area with separate recycling program is proposed. After discussion of the proposed 18' parking stall size, Trustee Seidman made a motion to accept the report and recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Swartz seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE AMENDING ZONING ORDINANCE An ordinance amending the Zoning Ordinance AND SUBDIVISION CODE FOR NORTHWOODS and Subdivision Code for the Northwoods Road ROAD AREA area to require that all new subdivided lots have a minimum lot depth of 300' instead of the current 110' requirement. First Reading. ORDINANCE AMENDING MUNICIPAL CODE RE STOP SIGN ON WILLOW AT COUNTRY An ordinance approving a stop sign on Willow Avenue at Country Lane. First Reading. 01 ORDINANCE INCREASING NUMBER OF An ordinance granting a Class E Liquor CLASS E LIQUOR LICENSES FROM NINE License to Italian Kitchen Restaurant and TO TEN eliminating their Class C license. First Reading. REPORTS, PART II REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND September 24, continued to October 8 and RECOMMENDATION OF VCDC RE October 22 to consider the request of Mesirow REQUEST FOR APPROVAL OF A Stein /Northern Realty for approval of the PRELIMINARY DEVELOPMENT PLAN FOR Preliminary Development Plan for the South - SOUTHEAST QUADRANT OF VILLAGE east Quadrant of the Village Center. It is CENTER, MESIROW STEIN /NORTHERN their recommendation that the petitioner's REALTY request for a Preliminary Development Plan for a commercial planned unit development including an amendment to a previously granted Special Use to integrate the existing bank facility into the overall development plan, a Special Use to allow 58 dwelling units located above the retail area of Building 2, a rezoning of the alley right -of -way to C -1 Village Center District, a rezoning of the parcel of land adjacent to 705, 711 and 725 Waukegan Road from R -3 Single Family Residential to C -1 Village Center District, be approved with the following variations and modifications: • a 15% reduction of the total gross floor area of the retail and office space used for the computation of required parking spaces. • a reduction in the total number of required spaces being provided. • The use of tandem parking spaces for the apartments. • A reduction of the required aisle width from 24' to 23.5' and 22' in certain areas. • A substitution of the landscaped screening for the parking areas from required 4' high densely planted evergreens or berm or combination of both in the front yard to allow the landscaping as shown on the landscape plan. • Sign modifications to allow the following: • Three signs for each first floor tenant including a wall sign, a blade sign, and an awning sign, in lieu of the one wall sign permitted. • Second floor tenant signs. • Projecting /Blade signs. The motion passed 4 -1. It is also the recommendation of the Plan Commission that the petitioner's request to rezone the triangular parcel at the southeast corner of the development from R -3 Single Family Residential District to C -1 Village Center District be approved. The motion passed 5 -0. It is also the recommendation of the Plan Commission that conceptual approval of a "floating letter sign" to be mounted on top of the canopy of Building 1 at the corner of Waukegan and Deerfield Road and at the Waukegan Road entrance of Building 3 be approved. The Village Center Development Commission also met to consider the Mesirow Stein /Northern Realty plan for the southeast quadrant. It is the recommendation of the VCDC that the petitioner's plans for the redevelopment of the southeast corner of Waukegan and Deerfield Roads be 4 approved, with the recommendation that turns be restricted to left and right only for vehicles leaving the development at the Deerfield Road /Rosemary Terrace intersection, and that the petitioner and the Village explore additional parking. Mayor pro tern Rosenthal read a statement from Mayor Forrest in which he gave a brief summary of the history of efforts to redevelop the southeast corner of Deerfield and Waukegan Roads. Mayor Forrest expressed his support for the Mesirow Stein /Northern Realty plan and urged that the Board grant preliminary plan approval at this meeting so that the project can remain on schedule and construction can begin in the spring. Attorneys Ted Novak and David Norton and members of the development team for the project, led by Michael Tobin of the Northern Realty Company, were in attendance to present the plan and to respond to questions from the Board. Mr. Tobin reported that certain key elements were requested by the Board for incorporation into the plan. These were: • that the project relate well to the Deerfield Square project; • that the project create a true downtown for Deerfield; • that the project be urban in character; • that,the buildings relate to the street as well as to the parking that is necessary for retail; • that the project have a strong ground floor retail component; • that the buildings be multi storied; • that the project use only properties that had been acquired or were planned to be acquired. Using a number of artist's renderings, Mr. Tobin described the proposed mixed use development, which will consist of three new buildings designed to coexist with the current First Midwest Bank and the Schwinn store. Building 1 will be a two -story building with retail on the first floor and retail or office on the second floor. Building 2 will be a four story building with retail on the first floor and apartments above. It will be stepped back and terraces will be provided on the roof of the building. Building 3 will be a single story building. A total of 58 apartment units are proposed. A total of 370 parking spaces will be provided - 278 at grade and 92 indoor for residential. A pedestrian plaza is proposed along Deerfield Road between Buildings 1 and 2. Access to and from the site will be provided at two locations. One access point will be provided from Deerfield Road aligned at Rosemary Terrace. It is proposed that this intersection be signalized. The other access point will be on Waukegan Road, aligned with the Deerfield Square Development. The existing traffic signal will be moved to the south of its current location. Architect Joseph Antunovich described the project in further detail, after which Board members spent approximately an hour questioning members of the development team regarding various aspects of the plan, including: • the continuation of Streetscape elements already in place; • building materials, roofing materials, downspouts and gutters; • colors; • relief from required parking (reduction of 15% plus 34 spaces is being requested) and tandem parking; • lighting; • landscaping; • possible berming in the southeast corner of the project; • the desire for uniformity of appearance of the various downtown projects; 5 • signage - illuminated channel signs above the bays, awning signs, blade signs, second floor signs and floating signs; • stormwater management; and • traffic flow. Several residents commented on the proposed plan. Poets Corner resident Mike Cramer commented that the proposed plan does not provide an adequate barrier between the project and their homes. In his opinion, a landscaped berm would be a better choice than the proposed fence. First Midwest Bank President Victor Carapello expressed concern over the Waukegan Road traffic light and how it will provide ingress and egress for the front.of the bank. He also has concerns for the usability of the bank parking lot and the safety of the customers. Trustee Swartz made a motion to accept the report and recommendation of the Plan Commission and the report and recommendation of the VCDC for approval of the Mesirow Stein /Northern Realty preliminary development plan for the southeast quadrant subject to the following: • resolution of the parking issue (34 less than required); • Village and IDOT approval of the final design for the new intersection and signal improvements on Waukegan Road; • acceptable signage plan;. • screening /berming along the perimeter of the project; and • approved stormwater management plan. Trustee Seidman seconded the motion. The motion passed unanimously. OLD BUSINESS REQUEST FOR APPROVAL OF FINAL Kurt Sauser, Jr. explained that he was to SINGNAGE PLAN AND MODIFICATION OF appear before the Plan Commission last week PUD, LOT 3 OF RED ROOF INN but the meeting did not take place because of PROPERTY, DB &K DESIGNER KITCHENS, the lack of a quorum. Mr. Sauser plans to 360 WAUKEGAN ROAD appear at the next Plan Commission meeting regarding signage, but he is asking the Board to expedite his request for modification of a PUD for his roof so that he can stay on schedule with his project. Instead of using the approved standing seam metal roof, the petitioner is requesting to have a 40 year, high dimension, slate color shingle roof. The petitioner believes the aesthetic value of .the proposed roof is more pleasing, and is also a better choice for safety reasons, as a standing seam roof collects snow and ice which can slide off. Mr. Stucko explained that if the Board finds the requested change to be slight in nature, they could grant approval of the petitioner's request subject to Plan Commission concurrence. This would avoid holding up the project. After further discussion, Trustee Seidman made,a motion to approve the change in roofing for DB &K Kitchens. Trustee Swartz seconded the motion. The motion passed unanimously. ORDINANCE AUTHORIZING AMENDED An ordinance authorizing an amended Special SPECIAL USE TO PERMIT ESTABLISHMENT Use to permit establishment of a Zippy's OF A ZIPPY'S RESTAURANT WITH A Restaurant with a drive thru on the Lake DRIVE THRU, LAKE COOK ROAD METRJA Cook Road Metra site. First Reading. SITE LI Trustee Ehlers commented that at Second Reading the petitioner should be prepared to defend how the drive thru traffic can handled so as to be certain there is no impediment to frontage road traffic. AUTHORIZATION TO PAY COMMONWEALTH This agreement with Commonwealth Edison EDISON $118,484 TO RELOCATE (BELOW involves relocation of overhead utilities (to GROUND) THE OVERHEAD WIRES ALONG underground) located along Waverly Court and WAVERLY COURT, SOUTH COMMONS the old Pederson property. It is part of the REDEVELOPMENT PROJECT redevelopment project referred to as South Commons and will be paid from Tax Increment Financing Funds. The cost of the relocation is $118,484. Trustee Seidman made a motion to authorize the expenditure. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) Trustee Swartz commented that since Commonwealth Edison is being discussed, he would like to have one of their representatives come to a Board meeting to talk about Deerfield's recurring power outage problems and what can be done to alleviate them. It was agreed that staff will make the arrangements, and a notice of the date of the Board meeting at which the representative appear will be put on the InfoChannel. Barbara Struthers, who lives on Garand Drive, reported that her power was out for 60 hours during the recent storm. During another storm last summer, her power was out for 36 hours. She suggested that burying the power lines might be a solution. NEW BUSINESS ORDINANCE 0 -98 -46 GRANTING VILLAGE An ordinance granting membership into the OF HAINESVILLE MEMBERSHIP TO THE Solid Waste Agency of Lake County ( SWALCO) SOLID WASTE AGENCY OF LAKE COUNTY to the Village of Hainesville. In order to be admitted, a majority of current SWALCO members must adopt an ordinance approving their admission. First Reading. 'Trustee Seidman moved for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Swartz seconded the motion. The motion passed unanimously. Trustee Seidman moved for adoption of the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) AUTHORIZATION TO ACCEPT PROPOSAL After a storm event in May 1996 produced FROM BAXTER AND WOODMAN FOR PHASE surcharging of the sanitary sewer in II OF THE SOUTHWEST DEERFIELD southwest Deerfield, a study was conducted SANITARY SEWER STUDY with flow monitoring equipment by Baxter and Woodman. The study isolated three areas in particular and recommended further investigation. Baxter and Woodman has submitted a proposal for this study in an amount not to exceed $25,000. It is the recommendation of the Director of Public Works and Engineering that the Baxter and Woodman proposal be accepted. v 0 7 ,Trustee Swartz made a motion to accept the Baxter and Woodman proposal in an amount not to exceed $25,000. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) AUTHORIZATION TO RETAIN BRW FOR The Village of Deerfield Development Code INSPECTION SERVICES, SOUTHWEST specifies that an inspecting engineer be QUADRANT REDEVELOPMENT selected to ensure that a proposed development complies with the approved improvement plan, Village standards, and the provisions contained in the specific development agreement. BRW was selected for their extensive experience in construction inspection and the Village's recent experience with them on the Waukegan Road Safety Project. BRW proposes to perform the agreed inspection engineering services for Phase I construction for a not -to- exceed fee of $90,516. The actual amount is subject to change, based on the number of man hours needed for the services. The Director of Public Works and Engineering requests authorization to retain BRW for an amount not to exceed $90,516. Trustee Seidman made a motion to retain BRW for an amount not to exceed $90,516. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) AUTHORIZATION FOR MAYOR TO SIGN The property located at 748 Osterman Avenue REAL ESTATE CONTRACT FOR PROPERTY is needed for redevelopment of the southwest AT 748 OSTERMAN AVENUE (BUSSCHER) quadrant. A price of $275,000 has been negotiated between the Village and the property owner. Trustee Swartz made a motion to authorize Mayor Forrest to sign a real estate contract for 748 Osterman in the amount of $275,000. Trustee Seidman seconded the -motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) DISCUSSION 406 BRIERHILL ROAD, 2 -LOT Elaine Theiss of 150 Sequoia Lane was in SUBDIVISION attendance to complain that the subdivision of the Cooper property, which is directly behind the Theiss property at 406 Brierhill Road, is not proceeding according to the terms of the landscaping plan agreed to by the Coopers. Mrs. Theiss stated that a large number of mature trees on her property are in jeopardy because of the incorrect placement of the Cooper's construction road, which is to eventually become their driveway. Mr. Franz responded that the ordinance granting the variation did not require the driveway to be in a specific location. The Village will insist, however, that the driveway be put in in such a way that the landscaping as shown in the plan for the southern boundary of the property can be accomplished. Gary Cooper showed an artist's rendering of the landscaping plan and stated that he plans to comply with it 100 %. The proposed driveway will not interfere with any of the trees shown on the 0 8 landscaping plan. In addition, as instructed by Village staff, extra drainage tile will be added, at the Cooper's expense. This will benefit the Theiss' by taking excess water from the Theiss property onto the Cooper property. TOLLWAY RAMP DISCUSSION Several residents who would be affected by the proposed tollway ramp were in attendance to learn about any new developments that have taken place since the last Board meeting. Alan Rohrback requested that the Village pass a resolution or write a letter to the Tollway Authority stating that any work now being done on the project should not preclude alternative designs for access to Deerfield Road from the Edens Spur. It was agreed that staff will write a letter to the Tollway. Mr. Rohrback also requested that residents be given notice of the next meeting with the Tollway Authority at least one week in advance of the meeting. He requested that the meeting take place in the evening to allow maximum participation, and he requested that it not take place during the school vacation period at the end of the year. Gary Lawson requested an update on the hiring of a consulting engineer. Mr. Franz reported that possible firms have been identified, but none has been hired as yet. Ira Rosenblatt inquired if the Village has written to Walgreens about extending the sound wall to the south. Mr. Franz indicated he has spoken with Walgreens personnel, but no request has been made. In the opinion of staff, it would be better to wait and see what the Tollway Authority proposes, so that they won't view the extension of the sound wall as an alternative to improving the ramp design. Mr. Franz also noted that since Walgreens is in unincorporated Lake County, the Village has no authority to compel them to change their signage. ADJOURNMENT There being no further business to discuss, Trustee Swanson made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:58 P.M. APPROVED: ATTEST: Vil age Cler n L Mayor 164 VISION 2000 111 DEERFIELD VILLAGE CENTER REVITALIZATION Pro rest; Report November 16, 1998 Southwest Quadrant (Deerfield Square): > On'tonight's agenda is a Real Estate Contract to purchase the Busscher property at 748 Osterman Avenue. The Village is pleased that it was able to negotiate the acquisition of this parcel. > `York is scheduled to begin this week on the Robert York Avenue realignment. Excavation will begin along the middle section of the new road. Robert York Avenue will be closed at the intersection of Deerfield Road for approximately one week beginning on November 23rd. Access to the businesses will be provided on the First Chicago site during that period. Southeast Quadrant (Deerfield Centre): > The Plan Commission and Village Center Development Commission recommendations on the Deerfield Centre proposal will be considered this evening. The developer is asking for Preliminary Plan approval only. Additional engineering work must be completed before the Board will act on the Final Plan. > It is expected that the Redevelopment Agreement with Mesirow Stein/Northern Realty will be ready for Village Board action in December. South Commons: The James Company will have its Final Plan for 153 residential units on the December IOth agenda of the Plan Commission. =� The Redevelopment Agreement with James is scheduled for consideration by the Board on December 7th. 1