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02/01/1999February 1, 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 Monday, February 1, 1999, at 8.:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Vernon E. Swanson Michael Swartz Absent: John H. Heuberger 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 January 20th meeting. Trustee Swartz seconded the motion. Trustee Swanson made a clarification to the section on the Report on Departmental Objectives, Public Works and Engineering. A motion to approve the minutes as amended passed unanimously. Trustee Seidman made a motion to approve the minutes of the January 25th recessed meeting. Trustee Swartz seconded the motion, Trustee Rosenthal made several clarifications to the minutes of the recessed meeting. A motion to approve the minutes as amended passed unanimously. PRESENTATION OF 25 YEAR EMPLOYEE Mayor Forrest presented a gold bracelet to SERVICE AWARD Charlotte O'Donnell in recognition of her 25 years of service to the Village of Deerfield. Mrs. O'Donnell is Computer Systems Supervisor and is also in charge of utility billing. REPORT ON DEPARTMENTAL OBJECTIVES, L. Patrick Anderson presented highlights from POLICE DEPARTMENT' the Report on Departmental Objectives for the Police Department. Chief Anderson reported that: _ • E 9 -1 -1 received 12,000 calls for services, a 4% increase over.last year. • Deerfield's crime rate index dropped by 14% this year. Deerfield has the lowest violent index offense rate in Lake County. • Domestic battery cases were down from 20 to 12. • Burglaries were up from 15 to 17, but theft and vandalism decreased. • Traffic accidents were down by 6 %, and there were no fatal accidents. Injury accidents and bicycle accidents also decreased. • Several new community service activities were implemented, such as The Positive Steps program. Parent University continues to be a successful annual event. • The E 9 -1 -1 Center has become a model for municipal 9 -1 -1 centers attempting to provide both enhanced and cellular 9 -1 -1 services combined with emergency medical dispatching. 1 1 Mayor Forrest read a statement in which he responded to certain statements made and actions taken by those in opposition to the redevelopment plan for the Village Center. He urged that differences be set aside and that everyone concentrate on meeting the objectives of revitalizing Deerfield's downtown. DISCUSSION /PUBLIC CON:MENTS RE Mr. Franz reported that at the January 71h NORTHBOUND EDENS SPUR meeting and during subsequent meetings and CONNECTION AT LAKE COOK ROAD discussions, there has been strong support for Alternate #12 (the underpass). The Village asked the Tollway to also look at the possibility of access at Lake Cook Road, and the TMA asked the Tollway to look at the possibility of keeping access from the Spur to Deerfield Road open during construction. At a meeting hosted by the Tollway on January 22nd, the Tollway presented four alternatives for access at Lake Cook Road, ranging in cost from $26,000,000 to $53,000,000 and all requiring widening two miles of Lake Cook Road. At that meeting, there was again support for Alternate #12, and the Village's consulting engineer was asked to look further into the possibility of access at Lake Cook Road. The Village consultant, Dale Chlebowski of Ayres Associates, commented that the issues of noise, aesthetics, traffic circulation, access, and road closures were all taken into consideration when selecting the best plan. Ayres Associates selected alternatives #11 and #12 as the best, with #12 being preferred because of the high cost of #11. The only negative aspect of alternate #12 is that it doesn't address the major traffic circulation impacts on Wilmot Road. He noted, however, that building alternate #12 does not preclude a future ramp at Lake Cook Road. Mr. Chlebowski commented that water run off is a concern with the underpass and will have to be addressed through a lift station of some sort. In his opinion, vibration, a concern of residents, should be minimal. A number of residents near the affected area asked Mr. Chlebowski and Tollway Authority.representatives questions regarding the proposed plan. Their concerns included distance of the underpass from their homes, vibration, noise, sound walls, and being kept apprised of any decisions made regarding the project. Bill Baltutis of the TMA of Lake Cook reported that the TMA endorses alternate #12, so long as there is access to Deerfield Road during construction. John Lyons, representing area residents, endorsed alternate #12 and suggested that alternate #11 be further studied for possible implementation at a future date. Trustee Swartz made a motion that the Board endorse alternate #12 and express the Village's thanks to the Tollway 2 the Board on the topics Chief Anderson responded of gang activity, the Beat Service to questions from program, traffic accidents, helmet law enforcement, and improving guidelines for use of the skate park. VISION 2000 UPDATE Mayor Forrest presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant, and South Commons. Mayor Forrest read a statement in which he responded to certain statements made and actions taken by those in opposition to the redevelopment plan for the Village Center. He urged that differences be set aside and that everyone concentrate on meeting the objectives of revitalizing Deerfield's downtown. DISCUSSION /PUBLIC CON:MENTS RE Mr. Franz reported that at the January 71h NORTHBOUND EDENS SPUR meeting and during subsequent meetings and CONNECTION AT LAKE COOK ROAD discussions, there has been strong support for Alternate #12 (the underpass). The Village asked the Tollway to also look at the possibility of access at Lake Cook Road, and the TMA asked the Tollway to look at the possibility of keeping access from the Spur to Deerfield Road open during construction. At a meeting hosted by the Tollway on January 22nd, the Tollway presented four alternatives for access at Lake Cook Road, ranging in cost from $26,000,000 to $53,000,000 and all requiring widening two miles of Lake Cook Road. At that meeting, there was again support for Alternate #12, and the Village's consulting engineer was asked to look further into the possibility of access at Lake Cook Road. The Village consultant, Dale Chlebowski of Ayres Associates, commented that the issues of noise, aesthetics, traffic circulation, access, and road closures were all taken into consideration when selecting the best plan. Ayres Associates selected alternatives #11 and #12 as the best, with #12 being preferred because of the high cost of #11. The only negative aspect of alternate #12 is that it doesn't address the major traffic circulation impacts on Wilmot Road. He noted, however, that building alternate #12 does not preclude a future ramp at Lake Cook Road. Mr. Chlebowski commented that water run off is a concern with the underpass and will have to be addressed through a lift station of some sort. In his opinion, vibration, a concern of residents, should be minimal. A number of residents near the affected area asked Mr. Chlebowski and Tollway Authority.representatives questions regarding the proposed plan. Their concerns included distance of the underpass from their homes, vibration, noise, sound walls, and being kept apprised of any decisions made regarding the project. Bill Baltutis of the TMA of Lake Cook reported that the TMA endorses alternate #12, so long as there is access to Deerfield Road during construction. John Lyons, representing area residents, endorsed alternate #12 and suggested that alternate #11 be further studied for possible implementation at a future date. Trustee Swartz made a motion that the Board endorse alternate #12 and express the Village's thanks to the Tollway 2 Authority for their cooperation with a difficult issue. Trustee Ehlers commented that keeping the Deerfield Road exit open should be added to the motion, and Mayor Forrest commented that monitoring of water run off, vibration, and noise should be added to the motion as well. The motion passed unanimously. REPORTS REPORT AND RECOMMENDATION OF The Plan Commission held a public hearing on PLAN COMMISSION AND REPORT AND January 14 to consider the request of World REPORT AND RECOMMENDATION OF Wide Liquors for a Class B Special Use at 833 VCDC RE ESTABLISHMENT OF A CLASS Waukegan Road. Liquor stores are a Special B SPECIAL USE AT 833 WAUKEGAN Use in the C -1 Village Center District. ROAD, WORLD WIDE LIQUORS World Wide is currently located in the Frost Building at 728 Waukegan Road. It is the recommendation of the Plan Commission that the petitioner's request for a Class B Special Use be approved with the conditions stipulated by the VCDC. The motion passed 4 -2. It is also the recommendation of the Plan Commission that World Wide Liquors consider shorter hours and work with the neighbors on appropriate window signs for the east window of the store. That motion also passed 4 -2. The Village Center Development Commission reviewed the request to locate World Wide Liquors to 833 Waukegan Road. It is their recommendation that the Class B Special Use be approved with the condition that liquor advertising signs and liquor storage cases be prohibited in the Waukegan Road window of the store. That motion passed 7 -1, with 1 recuse. Due to the close proximity of his home to the proposed new location of the liquor store, Trustee Seidman recused himself from this agenda item. Trustee Swartz pointed out that the Special Use, if granted, would be for this liquor store only and for this owner only. The liquor license would not transfer if the business were sold at a future date. Attorney Robert Mollison was in attendance to represent Susan Cho, owner of World Wide Liquors. Mr. Mollison reported that Ms. Cho has agreed to not be open on Sundays and to close earlier on weekdays (8:30 P.M.) than she does at her present location. Mrs. Cho has also agreed to work with the Appearance Review Commission on appropriate signage for both the Waukegan Road windows and for the east windows facing residences. Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and the Report and Recommendation of the VCDC and to direct the Village Attorney to prepare an ordinance. Trustee Swartz seconded the motion. Several residents of Todd Court and Orchard voiced their opposition to having a liquor store at Marshall Mall, citing concerns about.security, decreased property values, traffic, a liquor store not being a compatible use, and setting a bad example for their children. Some of these residents felt that not all of the special use criteria have been met, or that Mrs. Cho's request was being considered only because her a store is being displaced by the Malk project. 3 Several other Village residents spoke in favor of the special use and Mrs. Cho, citing her successful and well managed business at the Commons. After everyone who wished to speak on the issue had done so, a roll call was taken. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Swanson, Swartz (4) NAYS: None (0) RECUSED: Seidman (1) Mayor Forrest commented that the hours of operation for the store will be made part of the ordinance, and that the issues of lighting and trash pick up will be addressed. The Appearance Review Commission will look at the signage issue. Linda Gryziecki of the Deerfield Park District reported that the park district recently acquired a 2.8 acre site south of Jaycee Park and plans to incorporate that parcel into the park. Ms. Gryziecki presented an overview of proposed improvements to Jaycee Park. Parking will increase from the current 22 spaces to 80. The shelter will be replaced, and storage and restroom facilities will be added. Other improvements include batting partitions, a fenced pet exercise area, an extensive path system, and an ice skating rink. After discussion, the motion passed unanimously. REPORT AND RECOMMENDATION OF The Plan Commission held a workshop meeting PLAN COMMISSION RE FINAL January 28. It is their recommendation APPROVAL FOR BUILDINGS 2, 8 AND that CRM Properties' request for approval of 10, AND REPORT AND the final development plan for the bank RECOMMENDATION OF ARC, DEERFIELD building, the car wash, and the Osterman SQUARE REDEVELOPMENT PROJECT Avenue retail building (buildings 2, 8 and 10) be approved. The motion passed 4 -0. The Appearance Review Commission met several times to review plans for the same three buildings. It is their recommendation that the petitioner's plans be approved, subject to several conditions listed in their report. That motion passed 4 -0. Mr. Franz reported that Mr. Malk has agreed to comply with the recommendations. 4 REPORT AND RECOMMENDATION OF The Park District is proposing to renovate PLAN COMMISSION.RE REQUEST FOR Jaycee Park and to incorporate the recently AMENDMENT TO SPECIAL USE FOR acquired parcel at 1006 Wilmot Road into JAYCEE PARK AND REZONING FROM their plan. The acquired parcel is currently R -1 AND R -2 SINGLE FAMILY zoned R -1 and R -2 Single Family District. DISTRICT TO P -1 PUBLIC LANDS The Plan Commission held a public hearing on DISTRICT, DEERFIELD PARK DIST. January 14. It is their recommendation that the park district's request for an amendment to a Special Use to permit renovations to Jaycee Park, and the rezoning of the 2.8 acre parcel at 1006 Wilmot Road from R -1 and R -2 Single Family Residential to P -1 Public Lands District be approved. Trustee Seidman made a motion to accept the Report and Recommendation of the Plan Commission and to direct the Village :- Attorney to prepare an ordinance. Trustee Ehlers seconded the motion. Linda Gryziecki of the Deerfield Park District reported that the park district recently acquired a 2.8 acre site south of Jaycee Park and plans to incorporate that parcel into the park. Ms. Gryziecki presented an overview of proposed improvements to Jaycee Park. Parking will increase from the current 22 spaces to 80. The shelter will be replaced, and storage and restroom facilities will be added. Other improvements include batting partitions, a fenced pet exercise area, an extensive path system, and an ice skating rink. After discussion, the motion passed unanimously. REPORT AND RECOMMENDATION OF The Plan Commission held a workshop meeting PLAN COMMISSION RE FINAL January 28. It is their recommendation APPROVAL FOR BUILDINGS 2, 8 AND that CRM Properties' request for approval of 10, AND REPORT AND the final development plan for the bank RECOMMENDATION OF ARC, DEERFIELD building, the car wash, and the Osterman SQUARE REDEVELOPMENT PROJECT Avenue retail building (buildings 2, 8 and 10) be approved. The motion passed 4 -0. The Appearance Review Commission met several times to review plans for the same three buildings. It is their recommendation that the petitioner's plans be approved, subject to several conditions listed in their report. That motion passed 4 -0. Mr. Franz reported that Mr. Malk has agreed to comply with the recommendations. 4 Report and Recommendation of the Recommendation of the Appearance Attorney to prepare an ordinance in which conceptual approval for seconded the motion. Trustee Swartz made a motion to accept the Plan Commission and the Report and Review Commission and to direct the Village The ordinance will amend Ordinance 0 -98 -34 the project was granted. Trustee Ehlers Trustee Seidman commented that he does not approve of the car wash. 'He feels there should be a retail establishment in that location. If each building is voted on separately, he will vote for the other two, but if the three buildings are voted on as a package, he will vote against it. Charles Malk and architect Mike Fitzgerald were in attendance to respond to questions from the Board. Mr. Fitzgerald showed an artist's rendering of the three buildings and discussed the appearance and proposed use of each building. Building #10 is a retail building at Robert York and Osterman, #8 is the car wash, and #2 is the single story bank building at the corner of Deerfield and Waukegan. Board members asked questions about building materials, roofing materials, awnings, mechanicals, landscaping, sight lines, and other elements. The motion passed, with all trustees except Trustee Seidman voting in favor of it. CONSENT AGENDA Mayor Forrest suggested that the ordinance regarding home occupations be taken separately to permit furtlier comments. ORDINANCE 0 -99 -05 APPROVING TEXT An ordinance approving a text amendment to AMENDMENT TO THE ZONING the Zoning Ordinance on provisions governing ORDINANCE ON PROVISIONS home occupations. Second Reading. GOVERNING HOME OCCUPATIONS Ted Geisler, representing the small business task force, commented that his group has no objections to the ordinance as written. Trustee Seidman made a motion to pass the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) ORDINANCE RE APPROVAL OF FINAL An ordinance approving the final development DEVELOPMENT PLAN, SOUTH COMMONS plan for the South Commons Development by the DEVELOPMENT James Company.- First Reading. ORDINANCE 0 -99 -06 VACATING An ordinance vacating 30' of unimproved PORTIONS OF KENMORE AVENUE, right -of -way on Kenmore Avenue for use by SOUTH PARK SCHOOL School District 109 in their addition to South Park School. Second Reading. 6 ORDINANCE 0 -99 -07 RE STOP SIGNS An ordinance permitting yield signs north ON KENMORE AVENUE AT GORDON and southbound on Kenmore Avenue at Gordon TERRACE Terrace to be replaced by stop signs. Second Reading. Trustee Seidman made a motion for passage of the Consent Agenda and adoption of the ordinances. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -99 -08 AUTHORIZING A An ordinance authorizing a special use for SPECIAL USE FOR A ZIPPY'S a Zippy's Restaurant at the Lake Cook Road RESTAURANT, LAKE COOK ROAD Metra site. Reconsideration. METRA SITE Attorney David Norton commented that all issues raised to date by the Board have been addressed. The plan now calls for a counterclockwise traffic circulation pattern. In addition, the drive thru lane has been shortened and a walkway at the front of the building has been added. Trustee Seidman made a motion to pass the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Seidman, Swanson, Swartz (4) NAYS: Rosenthal (1) NEW BUSINESS ORDINANCE 0 -99 -09 AUTHORIZING An ordinance authorizing the Village to ACQUISITION OF RESIDENTIAL acquire the properties at 627 Central, 635 PROPERTIES ON THE SOUTH SIDE OF Central, 641 Central, 649 Central, 705 CENTRAL AVENUE BETWEEN WAUKEGAN Central, 713 Central, 721 Central, 725 ROAD AND WAVERLY COURT Central and 729 Central. First Reading. The nine properties need to be acquired aE soon as possible so that the South Commons project can proceed on schedule. Passage of the ordinance will begin the negotiation process for the properties. Condemnation will be used only if a settlement cannot be negotiated. 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. C Trustee Swartz commented that since the last meeting he has visited the Zippy's in Schaumburg and was impressed with it. He is now in favor of approving the restaurant. Trustee Ehlers commented that he visited the Zippy's in Arlington Heights, and he also was favorably impressed. Trustee Rosenthal commented that she is still not in favor of the drive thru aspect of the restaurant because of the precedent that it sets. Trustee Seidman made a motion to pass the ordinance. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Seidman, Swanson, Swartz (4) NAYS: Rosenthal (1) NEW BUSINESS ORDINANCE 0 -99 -09 AUTHORIZING An ordinance authorizing the Village to ACQUISITION OF RESIDENTIAL acquire the properties at 627 Central, 635 PROPERTIES ON THE SOUTH SIDE OF Central, 641 Central, 649 Central, 705 CENTRAL AVENUE BETWEEN WAUKEGAN Central, 713 Central, 721 Central, 725 ROAD AND WAVERLY COURT Central and 729 Central. First Reading. The nine properties need to be acquired aE soon as possible so that the South Commons project can proceed on schedule. Passage of the ordinance will begin the negotiation process for the properties. Condemnation will be used only if a settlement cannot be negotiated. 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. C Trustee Seidman moved for passage 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) TIT CrT?CC TnXT NEW CABLE FACILITY Trustee Ehlers reported that he has visited the new TCI facility located on Route 41. He also reported that the Cable Commission has asked TCI to report to the Board sometime soon regarding new services that will be available later this year. VILLAGE INTERN LEAVES Trustee Seidman expressed the Board's best wishes to intern George Koczwara, who left the Village recently to accept a position in Crystal Lake. RESOLUTION R -99 -02 TRANSFERRING A resolution authorizing the transfer of FUNDS FROM TIF 1 TO TIF 2 $1,800,000 from TIF 1 to TIF 2. Trustee Rosenthal made a motion to adopt a resolution approving the transfer of funds. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) CHANGE OF MEETING DATE Due to President's Day, the next Board of Trustees meeting will be held on Tuesday, February 16�-:. EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss land acquisition. Trustee Seidman so moved. Trustee Swartz seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion. passed unanimously. The meeting was adjourned at 10:12 P.M. A.PPR D: Mayor ATTEST: Village Clerk 8 1 P� 1 VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report February 1 1999 Southwest Quadrant (Deerfield Square): • CRM Properties has secured its construction loan from Key Bank and funds have been disbursed. On tonight's agenda is a recommendation from the Appearance Review Commission on the new bank building, the car wash and the retail building on Osterman Avenue. Also before us this evening is the favorable recommendation of the Plan Commission for Final Plan approval on these three buildings. • Excavation work will begin this week on the underground parking garage for the office building. This will require relocating the entrance to Robert York Avenue from Osterman Avenue further to the west of the existing intersection. Southeast Quadrant (Deerfield Centre): • Discussions continue with Mesirow Stein/Northern Realty on a Redevelopment agreement for their mixed use plan. South Commons: • Tonight's agenda includes an ordinance authorizing the acquisition of the residential properties on Central Avenue between Waukegan Road and Waverly Court. These acquisitions have been delayed as long as possible, but the parcels must now be acquired so that the project can proceed this year. The first reading of the ordinance approving the James Company's Final Plan will occur this evening. The ordinance will not be passed until a Development Agreement is signed and engineering documents approved.