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.
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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.
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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
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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;
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• 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
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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.
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,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
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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
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Mayor
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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.
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