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02/07/2000February 7, 2000 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 7, 2000 at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest Steve Harris John Heuberger Derek Ragona William Seiden Vernon Swanson Absent: Harriet Rosenthal and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the minutes of the previous meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. 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 reported that: • The Public Works Department, including Engineering, consists of 33 full time employees and has a current operating budget of $7,000,000. One additional full time employee was added to the Water Department this year, and a replacement was hired for a vacant position in the Sewer Department. The Department has stayed within budget. • In the past year the Sewer Department responded to 286 service calls, approximately 70% of which were due to problems in the homeowner's lines. • There were 87 water main breaks this year, up from 76-last year. • The 1999 street rehabilitation went extremely well. It was.under budget and on time. • The environmental remediation required by the EPA for the South Commons project was successfully completed. • Upcoming projects include completion of.road widening and traffic signal installation at Waukegan Road and North Avenue, traffic signals mandated by the redevelopment of the downtown, and commencement of the Mitchell Park reservoir project. At the end of his presentation, Mr. Soyka announced his intention to retire from the Village at the end of June. PRESENTATION- EMERGENCY SERVICES In recognition of their contributions to the DISASTER AGENCY Village of Deerfield, Chief Anderson presented Police Department awards to the following E.S.b.A. and amateur radio operators: Stan Rundell (E.S.D.A. Administration Coordinator), Dave Arnold, Diane and John Chaput, Ed and Dorothy Collins, Greg Lapin, Gerard Haase, Mark Kramer, Tim McGuire, Bill Steffey and Charles Van Eeckhout. VISION 2000 UPDATE Mayor Forrest presented a progress report on the redevelopment of the Southwest Quadrant, the Southeast Quadrant and South Commons. PUBLIC COMMENT There was no public comment. REPORTS REPORT OF THE NORTHWEST QUADRANT Michael Swartz, chairperson of the Northwest (VILLAGE CENTER) TASK FORCE Quadrant Task Force, presented highlights from the task force report. The group concluded that: , • The quadrant is and should remain the institutional quadrant of the Village. • The parking supply is sufficient for current and projected future uses of the quadrant. • Additional or more intensive commercial use should not be allowed. • The Bank One parking lot on the north side of Deerfield Road is of critical importance to the quadrant. , • If a new senior center is built outside of the northwest quadrant, no significant parking problems are anticipated over the next ten years. If a new senior center is built within the quadrant, neither above ground nor underground parking structures are cost effective alternatives to meet the need for additional parking. • Little benefit would be gained by installing a southbound right turn lane at Waukegan and Deerfield. • Conversion of spaces on Park Avenue to perpendicular parking would create approximately 60 new spaces, but the spaces are not needed at this time. • A left -turn northbound storage lane on Waukegan Road at the entrance to the library cannot be supported, given the lack of right -of -way and accidents at that location. Accordingly, the task force recommends that: • The Village should amend its Comprehensive Plan to clearly establish that the northwest quadrant of its Village Center is and should remain the institutional cornerstone of the community. Over time, commercial uses should be phased out and those properties acquired.for public use. • The parking lot owned by Bank One should be acquired by the Village. • The bank lot, Lindemann's, the rear of the Waukegan Road businesses, and-the old Petersen Road parking lot should be consolidated into one coordinated parking lot with provision for truck access at the rear of the businesses. The alley access between the church and the commercial properties fronting on Waukegan Road should be eliminated. • All public parking lots should be re- striped to provide maximum parking spaces. Traffic direction arrows should be added. • Park Avenue should not be converted to perpendicular parking unless there is a specific need for it. • A right turn lane on southbound Waukegan Road at Deerfield Road is not warranted at this time. Mayor Forrest commented that the task force recommendation will be distributed to northwest quadrant businesses and institutions for their study and comment. 2 REPORT AND RECOMMENDATION OF BZA A public hearing was held on January 4 to RE REQUEST FOR SIDEYARD VARIATION, consider .the request of Mr. and Mrs. Anton ANTON KATZ, 1006 JOURNAL PLACE Katz for a variation for their property located at 1006 Journal Place. The variation, if granted, would permit reconstruction of a porch structure on an existing concrete foundation on the south side of the existing residence which, prior to removal, encroached to within two inches of the south side property line. The BZA voted to approve the requested variation to allow reconstruction of the porch structure on its original foundation so as to eliminate the eyesore of that foundation standing above grade. The motion passed.4 -2. Isabel Katz was in attendance to respond to questions from the Board. Also in attendance were Robert Speckmann, BZA Chairman, Michael Lewitz, acting BZA Chairman for the Katz public hearing, and Clint Case, Building and Code Enforcement Supervisor. Mr. Lewitz commented that the main concern of the BZA in this case was how the reconstructed porch would be used. Some members were also concerned that the petitioners had not met the criteria for granting a variance. Mrs. Katz responded that the porch was in existence when she and her husband purchased the home. It has always been used as a three season porch and would continue to used in the same fashion. Mrs. Katz added that the builder considered the porch to be part of the house and, for that reason, thought no variation was necessary. Ken Normandy of 1010 Journal Place, reported that the porch was.already on the house at 1006 Journal when he moved next door to 1006 Journal Place in 1978. In his opinion, the porch was in bad condition and needed to be replaced. The porch is part of the charm of the house and should be permitted. Trustee Heuberger suggested that the Katz' should be responsible for the upkeep of the entire fence between their house and the neighboring house of Michael Soler at 806 Hazel Avenue, even though part of the fence belongs to Mr. and Mrs. Soler. Although Mrs. Katz agreed to the idea, other trustees were uncomfortable with it. Trustee Heuberger made a motion that as a condition of'granting the variance, the Katz' will be responsible for maintenance of the fence between their house and the Soler's house, but the motion failed for lack of a second. Clint Case suggested that if the variation is granted, it should be limited to the structure rather than run with the land, so that if the house is ever torn down, another house cannot be built to within 2" of the lot line. After further discussion, Trustee Ragona made. a motion to accept the report and recommendation of the BZA and grant the requested variation. The variation will run with the structure, not with the land. Trustee Harris seconded the motion. The motion passed unanimously. Mr. Case commented that the Katz' will need to get a building permit before construction can continue. REPORT AND RECOMMENDATION OF PLAN The Plan Commission has reviewed the Final COMMISSION RE REQUEST FOR APPROVAL Plat of Resubdivision for the property at OF FINAL PLAT OF RESUBDIVISION, 1111 Meadowbrook Lane and finds the Final 3 1111 MEADOWBROOK LANE, ORREN Plat to be in substantial conformance to the PICKELL BUILDERS Preliminary Plat of Resubdivision. It is the recommendation of the Plan Commission that the Final Plat of Resubdivision is in substantial conformance to the Preliminary Plat of Resubdivision. After discussion, Trustee Heuberger made a motion to accept the Report and Recommendation of the Plan Commission and to direct execution of the plat. Trustee Ragona seconded the motion. The motion passed unanimously. REPORT OF STAFF RE OUTDOOR In a memo dated January 16, 2000, Chief LIQUOR SALES Anderson recommended seven conditions that the Police Department would like to have included if the Board chooses to amend the Municipal Code to permit outdoor liquor sales. The conditions are: • Outdoor service should be incidental and complimentary to the sale of a complete meal. • Liquor service hours should coincide with restaurant service hours. • Square footage should be restricted to some percentage of the restaurant's serving'area. • There should be a separation of liquor service area from the public. • Access to outdoor seating must be gained from the indoor seating area only. • Outdoor entertainment and /or loud speakers should be restricted or must meet established noise level requirements. • There should be limitations-on, or prohibition of, special events. After discussion, it was agreed that 'the Village Attorney will prepare an ordinance incorporating the seven conditions. REPORT OF STAFF RE PROPOSED At the request of the Board of Trustees, the VIDEO RENTAL TAX Finance Director studied the issue of levying a tax on the rental of videos. He was able to identify several area communities that tax video rentals, including the.City of Chicago. Since video stores produce little in the way of sales tax, Mr. Valentine is recommending that the Village offset the loss of sales tax revenues by taxing the rental of videos. His recommendation is for a 5% tax. This would produce approximately $30,000 in revenue annually for each of the Village's two Blockbusters, which is the estimated amount of sales tax a retailer would generate. Blockbuster's Cheryl Levin stated that currently no Lake County video stores are required to pay a video rental tax. She.also commented that last year the Deerfield and Bannockburn stores paid approximately $18,000 in sales tax. Trustee Ragona commented that the video rental tax should be enacted to help repay the cost of the downtown redevelopment. Trustee Harris disagreed.. In his opinion, the tax might cause potential customers to frequent the Bannockburn Blockbuster instead of the Deerfield store. Trustee Seiden also felt that there should not be a video rental tax since this tax would be paid almost exclusively by Village residents. Trustee Heuberger commented that he would like to see a video rental tax enacted, but since video stores do produce some sales tax, he thinks a supplemental rental tax of 3% would be sufficient. 4 After further discussion, Trustee Swanson made a motion to direct the Village Attorney to prepare an ordinance. Trustee Heuberger seconded the motion. The motion passed with Trustees Heuberger, Ragona and Swanson voting for it, and Trustees Harris and Seiden voting against it. For the time being,, the percentage amount will be omitted. CONSENT AGENDA Trustee Heuberger requested that the two items be taken'separately since he is recused from the Deerfield Centre matter. ORDINANCE 0 -00 -04 APPROVING SPECIAL An ordinance approving special uses for USES FOR BLOCKBUSTER VIDEO, Blockbuster Video, Sopraffina Marketcaffe, SOPRAFFINA MARKETCAFFE, STARBUCKS Starbucks Coffee, and Alley Cleaners, all at COFFEE AND ALLEY CLEANERS, Deerfield Centre. Second Reading. DEERFIELD CENTRE Trustee Seiden made a motion to adopt the ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Ragona, Seiden, Swanson (4) NAYS: None (0) RECUSED: Heuberger (1) ORDINANCE EXPANDING JURISDICTION OF APPEARANCE REVIEW COMMISSION. Reading. An ordinance expanding the jurisdiction of the Appearance Review Commission to.include all outlying commercial properties. First OLD BUSINESS DISCUSSION RE REGULATIONS GOVERNING Staff has reviewed the issue of having more CONSTRUCTION WORK WITHIN VILLAGE restrictions and regulations for contractors RIGHT OF WAY working within Village right -of -ways. Staff has prepared a document covering such areas as registering with the Village; securing a permit; regulations before, during, and after construction; insurance etc. When finalized, an ordinance will be prepared to incorporate these regulations into Village codes. Board members spent several minutes asking questions of staff and discussing various aspects of the regulations. Staff will continue fine tuning the document and will present an ordinance to the Board when it is ready. NEW BUSINESS AUTHORIZATION TO RETAIN The Architectural and Engineering Committee ARCHITECTURAL SERVICES RE POLICE met on January 24th to discuss the remodeling DEPARTMENT REMODELING plans of the Police Department and the possible expansion-of the Annex /Township building. It was agreed that the Hezner Corporation should be retained to proceed with the Police Department project as planned. Hezner Corporation proposes to provide architectural design services for the schematic phase of the project at a cost of $95 /hour, not to exceed $8,550. 5 l After discussion; Trustee Heuberger made a motion to authorize retention of Hezner Corporation to provide design services for the schematic phase of the project at a cost of $95 /hour, not to exceed $8,550. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Seiden, Swanson (5) NAYS: None (0) AUTHORIZATION UNDER THE STATE The 1999 -2000 Budget provides for the PURCHASING CONTRACT TO ACQUIRE purchase of ten marked squad vehicles and TEN NEW POLICE VEHICLES three unmarked vehicles. The Department has decided not to replace the unmarked vehicles at this time. Chief Anderson recommends that ten Crown Victorias be purchased from the state bid at a cost of $20,165 per unit or a total cost of $201,650. He also recommends that Lund Industries be retained as the Department's changeover technician and safety equipment supplier at an estimated cost of $20,440. Trustee Ragona made a motion to approve the purchase of ten Crown Victorias at a cost not to exceed $201,650 and changeover. costs at an estimated cost of $20,440. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Seiden, Swanson (5) NAYS: None (0) nTSrrTSGTnM TRUSTEE IN THE TOWN Trustee Seiden reported that the next Trustee In The Town will take place on Saturday, February 26th in the old Bank One,lobby. Trustees Swanson and Harris will attend.. CLARIFICATION In response to a conversation that Trustee Seiden had recently with a Deerfield resident, he wished to clarify that, unlike some other communities, Deerfield's mayor and board members do not get paid for their services to the Village. SWALCO NEWS Trustee Ragona commented that he will be polling the trustees regarding their opinion of leaf burning in Lake County. He also asked that staff review the Village's leaf burning ordinance before a House bill regarding leaf burning is voted on later this year. The House bill, if passed, would take precedence over any leaf burning ordinance a municipality passed subsequent to it. NEXT MEETING Mr. Franz reported that the next Board of Trustees meeting will take place on Monday, February 21st, even though it is President's Day. ACCEPTANCE OF RETIREMENT Mr. Franz accepted.with regret Mr. Soyka's retirement announcement. EXECUTIVE SESSION Mayor Forrest asked for a motion to Executive Session to discuss land acquisition. Trustee Swanson so moved. Trustee Heuberger seconded the The motion passed by the following vote: 6 go into motion. 1 1 1 AYES: Harris, Heuberger, Ragona, Seiden, Swanson (5) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Ragona made a motion to adjourn the meeting. Trustee Swanson seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:37 P.M. ATTEST: 1 -4W APPROVED: Mayor 7 VISION 2000 DEERFIELD VILLAGE CENTER REVITALIZATION Progress Report February 7, 2000 Southwest Quadrant (Deerfield Square): ➢ Coldwell Banker is scheduled to occupy space in the new office building on or about March 1 ". The ReMax building on Deerfield Road.will then be demolished to create parking for the new Walgreens building. ➢ IL Forno's has moved to its new location in building #10. The remaining portion of One Osterman Plaza is scheduled to be demolished next week. ➢ Bank One plans to occupy their new building on Waukegan Road in early April. ➢ Elizabeth Arden has signed a lease for 7,500 sq. ft. of space at the east end of building #3. Footings for that portion of the building were installed last week. Fun Cards has signed a lease for 2,500 sq. ft. on the first floor of the office building. Southeast Quadrant (Deerfield Centre): ➢ Steel work is underway and should be completed for all buildings by mid - March. ➢ Both the water and sanitary sewer utility systems have been installed, and work is underway on the stormwater retention system. ➢ The Special Use Ordinance for Blockbuster is on tonight's agenda. The developer intends to turn that building over to Blockbuster on March 1'` for interior buildout. South Commons: ➢ The developer expects to complete water and sewer work by mid - February. ➢ Work is expected to begin on the villas in early March and on the rowhomes by March 2&. Occupancy could occur as early as September. 1 1 1