01/20/1999January 20, 1999
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
Wednesday, January 20, 1999, at 8:00 P.M. The Clerk called the roll and
announced that the following were:
Present: Bernard Forrest, Mayor
Marvin W. Ehlers
John H. Heuberger
Harriet E. Rosenthal
Edwin B. Seidman
Vernon E. Swanson
Absent: Michael Swartz
and that a quorum was present and in attendance. Also present were Attorney
Sheila Quinn and Village Manager Robert Franz.
APPROVAL OF MINUTES Trustee Seidman made a motion to approve the
minutes of the previous meeting. Trustee
Ehlers seconded the motion. Mayor Forrest made a correction to the section
regarding the discussion with the James Company, and Trustee Heuberger made a
correction to the section regarding Zippy's Restaurant. A motion to approve the
minutes as amended passed unanimously.
BILLS AND PAYROLL Trustee Seidman made a motion to approve the
Bills and Payroll. Trustee Ehlers seconded.
the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman,. Swanson (5)
NAYS: None (0)
TREASURER'S REPORT George Valentine presented highlights from
the December Treasurer's Report. December
sales tax receipts are 6% below December 1997 receipts, and the twelve month
total is 1% below the past year. Other revenues are performing as projected. As
of December 31, 1998, 100.4% of cash was invested at an average interest rate of
5.60% which compares with an average rate of 4.45% for the 90 -day Treasury Bill.
REPORT ON DEPARTMENTAL OBJECTIVES, Jim Soyka presented highlights from the
PUBLIC WORKS AND ENGINEERING Report on Departmental Objectives for Public
Works and Engineering. Mr. Soyka focused on
the activities of the Public Works Department during and after the recent snow
storm, commenting that public works crews worked twelve to fourteen hour shifts
for eleven days to clear the Village streets',of snow. Extra,equipment was
rented, and an outside contractor was hired to aid in the clean up. 600 tons of
salt was used, and $105,000 of the $204,000 snow and ice control budget was spent
as a result of the blizzard. Some of that money may be eligible for
reimbursement from federal disaster funds. The Board commended Mr. Soyka and the
public works employees for their excellent work during and after the blizzard.
Other topics discussed included:
• Trustee Heuberger suggested that work on Y2K problems be accelerated.
• Trustee Heuberger commented that staff should contact Congressman Porter to
complain about another unfunded mandate, the water content report. Mr. Soyka
responded that, in addition to putting the information on the Internet as
required, notification of residents can perhaps be accomplished thru D- Tales.
• Water main breaks are on the increase. A water main replacement program was
begun last summer to help correct the situation.
• Engineers hired by the Village are analyzing the alternatives to the Edens
Spur exit ramp presented by the tollway at the January 7 meeting and will
report to the Board at the February 1St meeting.
• The Village needs to continue efforts to dissuade the Cook County Highway
Department from widening Lake Cook Road to six lanes.
• Trustee Heuberger requested quarterly progress reports on the water system
improvements.
• There has been no turnover in the public works department during the past two
years.
VISION 2000 UPDATE Mayor Forrest presented a progress report on
the redevelopment of the Southwest Quadrant,
the Southeast Quadrant, and South Commons.
Mayor Forrest announced that when tonight's
agenda has been completed, the Board meeting will be recessed until Monday,
January 25, at which time the Board will consider for final approval the
agreement with Key Bank which will protect the Village's investment of TIF funds
in the Deerfield Square project.
REPORT AND RECOMMENDATION OF PLAN
COMMISSION RE REQUEST FOR APPROVAL
OF FINAL PLAT OF RESUBDIVISION,
814 SPRUCE STREET, ZELLET
recommendation of the Plan Commiss
approved. The motion passed 4 -0.
REPORTS
The Plan Commission has reviewed the final
plat of resubdivision for the property at 814
Spruce Street and finds the final plat to be
in substantial conformance to the preliminary
plat of resubdivision. Accordingly it is the
Lon that the final plat of resubdivision be
Trustee Seidman made a motion to accept the
report and recommendation of the Plan Commission and to direct Mayor Forrest to
sign the plat. Trustee Ehlers seconded the motion. The motion passed
unanimously.
REPORT AND RECOMMENDATION OF PLAN Earlier this year the subject of text
COMMISSION RE TEXT AMENDMENTS TO amendments to the Zoning Ordinance regarding
ZONING ORDINANCE ON PROVISIONS provisions governing home occupations was
GOVERNING HOME OCCUPATIONS before the Board of Trustees. The Board
sent the matter back to the Plan Commission
requesting clarification on the issues of grandfathering and the definition of
the term "employee ".
The Plan Commission held a public hearing on
December 17th. It is their recommendation that the proposed definition of
"employee" be accepted, and that " grandfathering" of existing business with more
than two employees be open for a six month registration period on the
presentation of evidence that the business was legal at the time of .the enactment
of the legislation. The motion passed 4 -0. The commissioners also discussed
restriction on the number of persons visiting the home to take a class. It was
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considered unfair to restrict a teacher to four clients per day. The
commissioners believed that the proposed ordinance should be amended to require
that not more than four (4) clients be permitted in the residence at any one time
for a class, instead of the requirement than no more than four (4) clients be
permitted per day.
Trustee Ehlers commented that the wording of
the proposed text amendment needs to be changed to clarify that an individual
with a grandfathered business may not increase the number of employees to more
than the number employed at the time of registration.
Trustee Heuberger commented that in the
sentence, "Employee shall include anyone who comes to the residence solely to
participate in the operation or conduct of the permitted home occupation. . ."
the word "solely" should be omitted.
Mayor Forrest opened the meeting to public
comment.
Steve Miles of the Deerfield /Bannockburn /
Riverwoods Chamber of Commerce commented that the Chamber is satisfied with the
definition of the word "employee" and will be discussing further the
grandfathering clause.
Ted Geisler, representing the home business
task force, expressed concerns about registration of home businesses, such as the
type of information the business owner would be required to provide in order to
register, and the possibility that registration of home businesses might be the
first step toward taxation. Board members made it clear that there was no
intention to impose a tax. Mr. Geisler also had concerns about grandfathering,
about 1imiting the number of employees to two with no potential for growth, and
about limiting the number of clients per day to four. These issues were
discussed at some length by Mrs. Houpt and Board members.
Several other residents asked questions about
the home occupations provisions. When all questions had been answered, Trustee
Rosenthal moved for acceptance of the Report and Recommendation of the Plan
Commission and adoption of the ordinance. Trustee Ehlers seconded the motion.
Trustee Heuberger commented that because so much time has passed since First
Reading of the ordinance, and because there is no urgency, he would like for this
to be the First Reading of the ordinance in the amended form, with final reading
at the February 1St meeting. Other trustees agreed.
REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on
COMMISSION AND REPORT AND December 17. It is their recommendation that
RECOMMENDATION OF THE APPEARANCE the James Company's final development plan is
REVIEW COMMISSION RE JAMES COMPANY in substantial conformance with the
FINAL DEVELOPMENT PLAN, SOUTH previously approved preliminary development
COMMONS DEVELOPMENT plan. The motion passed 4 -0. The Appearance
Review Commission also reviewed the James
Company's proposal. They voted in favor of the landscaping plan, the rowhomes,
the villas and the condominiums, subject to certain recommendations. The vote on
signage was tied.
Mr. Franz reported that the Village has proof
of publication for the public hearing on the variation for the stormwater
management ordinance.
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Using an artist's renderings, Steve Spinell
of James Construction gave an overview of the proposed development, which will
consist of 51 villa units in five buildings, 80 condominium units in two
buildings, and 22 row home units in three buildings.
Mr. Spinell outlined changes that will be
made to the plan based on recommendations of the Plan Commission and the
Appearance Review Commission, and he gave the James Company's rationale for not
making other recommended changes.
Mr. Spinell responded to a number of
questions from trustees regarding parking, roof pitch, chimneys, building
materials, and other aspects of the development.
Mayor Forrest called to order the Public
Hearing regarding a request for a variation of the Deerfield Stormwater
Ordinance.
Randy Drueck of Cowhey Gudmundson Leder, Ltd.
presented the stormwater management plan for the South Commons Development. The
proposal calls for two major stormwater detention areas - a wet basin and a dry
basin. Mr. Drueck stated that the stormwater management plan will: (1) reduce
by more than half the release rate in a 100 year storm event, (2) decrease the
potential for flooding in and around the development, (3) provide detention in an
area that had no detention, and (4) utilize open space, parking lots and
underground pipe to maximize the storage potential of the development.
Mr. Drueck and Mr. Soyka responded to
questions regarding the effect on Coromandel, scrubbers, maintenance, and the
ability of the Osterman Avenue storm sewers to handle the volume of water that
may be"'. discharged.
Mayor Forrest asked for any comments from the
audience. Hearing none, Trustee Rosenthal made a motion to close the public
hearing. Trustee Heuberger seconded the motion. The motion passed unanimously.
Trustee Rosenthal inquired about signage.
Mr. Spinell showed a drawing of the sign proposed for Robert York and Central
Avenue. Trustees preferred the appearance of the new sign to the one previously
presented. Mr. Spinell added that, although there was discussion about changing
the name of the development, James Company plans to keep the name "South
Commons".
Trustee Seidman made a motion to accept the
Report and Recommendation of the Plan'Commission and the Report and
Recommendation of the Appearance Review Commission and to direct the Village
Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. The
motion passed unanimously.
CONSENT AGENDA
ORDINANCE 0 -99 -02 APPROVING SIGNAGE An ordinance approving a signage plan and
PLAN AMENDMENT AND MODIFICATION OF modification of PUD for Designer Kitchens
PUD FOR DESIGNER KITCHENS AND BATH and Bath. Second Reading.
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ORDINANCE 0 -99 -03 APPROVING AN An ordinance approving an amendment to a
AMENDMENT TO A SPECIAL USE TO special use to permit a two story addition
PERMIT AN ADDITION, SCHOOL DISTRICT to South Park School. Second Reading.
109, SOUTH PARK SCHOOL
ORDINANCE VACATING PORTIONS OF
KENMORE AVENUE FOR USE BY SOUTH
PARK SCHOOL
An ordinance vacating 30' of unimproved
right -of -way on Kenmore Avenue for use by
School District 109 in their addition to
South Park School. First Reading.
ORDINANCE RE STOP SIGNS ON KENMORE An ordinance permitting yield signs north
AVENUE AT GORDON TERRACE and southbound on Kenmore Avenue at Gordon
Terrace to be replaced by stop signs. First
Reading.
Trustee Rosenthal made a motion for passage
of the Consent Agenda and adoption of the ordinances. Trustee Swanson seconded
the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
AUTHORIZATION FOR MAYOR TO SIGN
AGREEMENT WITH KEY BANK RE
SOUTHWEST QUADRANT REDEVELOPMENT
ORDINANCE INCREASING NUMBER OF
CLASS E LIQUOR LICENSES, MACARONI
GRILL, LAKE COOK METRA SITE
OLD BUSINESS
This agenda item is being held over until
the January 25th meeting.
An ordinance increasing the number of Class
E liquor licenses, at the request of Macaroni
Grill, located at the Lake Cook Road Metra
site. First Reading.
NEW BUSINESS
ANALYSIS AND AWARD OF BID FOR 1999 Two bids were received for a new street
STREET SWEEPER sweeper. Mr. Soyka recommends acceptance of
the low bid made by Standard Equipment in the
amount of $146,000 less trade -in of $8,500, for a net amount of $137,500.
Trustee Seidman made a motion to accept the
low net bid of Standard Equipment at a price not to exceed $137,500. Trustee
Heuberger seconded the motion. The motion passed by the following vote:
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
DISCUSSION
DISCUSSION RE KEY BANK AGREEMENT Jerry Kayne asked several questions about the
agreement between Key Bank and the Village
regarding the redevelopment of the southwest quadrant.
EXECUTIVE SESSION Mayor Forrest asked for a motion to go into
Executive Session to discuss land
acquisition. Trustee Swanson so moved. Trustee Seidman seconded the motion.
The motion passed by the following vote:
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AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
MEETING RECESSED Trustee Rosenthal made a motion to recess the
meeting to a date certain of January 25, 1999
at 8:00 P.M. Trustee Heuberger seconded the motion. The motion passed
unanimously. The two items on the agenda will be the agreement between the
Village and Key Bank and the modification of the redevelopment agreement for
Deerfield Square to correspond with the Key Bank agreement. There being no
further business to discuss, the meeting was recessed at 9:45 P.M.
ATTEST:
APPROVED:
T- Mayor
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Village Clerk LD
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WS /ON 2000
DEERFIELD VILLAGE CENTER REVITALIZATION
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Southwest Quadrant (Deerfield Square):
> CRM Properties is scheduled to close with Key Bank on the construction loan next
Tuesday, January 26th.
> The Village has completed negotiations with Key Bank on an agreement which protects
the Village's investment of TIF funds in this project. Since final drafting is not
complete, the Board intends to recess tonight's meeting until next Monday, January 25th,
when the document will be considered for final approval.
> At their January 12th meeting, the Appearance Review Commission approved the car
wash, First Chicago Bank, and the retail building on Osterman. This completes their
review of the six buildings in Phase I. Their report will be on the February 1st Village
Board agenda.
Southeast Quadrant (DeerfieldCentre):
> Discussions continue on the. Redevelopment Agreement which is now scheduled for
Village Board consideration on February 1st.
South Commons:
> The favorable recommendations of the Plan Commission and the Appearance Review
Commission for approval of the Final Plan are on tonight's agenda.
> The February 1st Village Board agenda will include an ordinance authorizing the
acquisition of the residential properties on Central Avenue between Waukegan Road and
Waverly Court.
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