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07/05/2000July 5, 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 Wednesday, July 5, 2000, at, 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Steve Harris John Heuberger Derek Ragona .Harriet Rosenthal William Seiden Absent: Vernon Swanson and that a quorum was present and in attendance. Also present were Attorney Herbert Linn and Assistant to the Village Manager Diane Mikula. APPROVAL OF MINUTES Ragona seconded the motion. Trustee Rosenthal made a motion to approve the minutes of the previous meeting. Trustee The motion passed unanimously. DOWNTOWN REDEVELOPMENT UPDATE Mayor Forrest presented a progress report on the redevelopment of the Southeast Quadrant, the Southwest Quadrant, and South Commons. POLICE DEPARTMENT PROMOTIONS the promotion of Richard Wilk to the Mayor Forrest announced the promotion of Walter Trillhaase to the rank of Sergeant and rank of Commander. PUBLIC COMMENT Resident Melissa Bigg inquired about the status of the Mitchell Park reservoir construction. Mrs. Little responded that recent delays are due to the necessity to rebuild the fencing at the south end of the tennis courts.. In addition, rainy weather has hampered the ability for the contractor to work on excavation. Barbara Struthers, speaking on behalf of residents of One Deerfield Place, requested that a safer way be provided for senior citizens to walk to the new Walgreens. The Mayor asked staff to look into the matter. (1) CONTINUED PUBLIC HEARING, WALGREENS ANNEXATION, REZONING, SPECIAL USE AND (2) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE REQUEST FOR ANNEXATION, REZONING, SPECIAL USE FOR AN I -1 PUD FOR THE DEVELOPMENT OF AN OFFICE BUILDING, WALGREENS, WILMOT ROAD, HELD OVER FROM 6/19/00 Mayor Forrest reported that Walgreens was unable to attend tonight's meeting. He asked for a motion to continue the matter until the next meeting. Trustee Ragona so moved. Trustee Heuberger seconded the motion. The motion passed unanimously. REPORTS REPORT AND RECOMMENDATION OF PLAN The P1an.Commission held a public hearing on COMMISSION AND REPORT AND June 8, 2000 to consider a request from 1 i I RECOMMENDATION OF VCDC RE REQUEST Mesirow Stein /Northern Realty for a special FOR SPECIAL USES FOR PEARLE VISION, use approval for Great Clips and for the MAIL BOXES ETC., AND GREAT CLIPS, medical examining office of Pearle Vision. MESIROW STEIN /NORTHERN REALTY, (The retail portion of Pearle Vision is a DEERFIELD CENTRE permitted use in the C -1 District.) The petitioners are also seeking a text amendment . to add mail, parcel packaging, shipping and business service as a Class B Special Use in the C -1 District and approval of a Mail Boxes, Etc. facility as a special use. It is the recommendation of the Plan Commission that the petitioners' request for a special use to permit an optometrist's office for Pearle Vision in the Deerfield Centre be approved. The motion passed 4 -0. It is their recommendation that the petitioners' request for a special use to permit a Great Clips Hair Salon be denied. On a motion to approve, the motion failed 0 -4. It is their recommendation that the petitioners' request for a text amendment to include a mailing and parcel packaging, shipping, receiving, and business services store as a special use in the C -1 Village Center District be approved. The motion passed 3 -1. Attorney Ted Novak, Richard Stein, Bruce Kaplan, and Michael Tobin were in attendance. Mr. Novak reported that the petition for Great Clips is being withdrawn, but the petitioners are still requesting that the special uses for Pearle Vision and Mail Boxes, Etc. be approved. He stated that the businesses have proven to be successful elsewhere,. and the traffic study has concluded they would produce no negative impact. Mayor Forrest commented that sales tax revenue at Deerfield Centre is very important as it is needed to pay down the debt on the TIF district. Mr. Novak acknowledged the Village's desire for sales tax producing uses as opposed to service uses but indicated that a large number of retailers were contacted without result. There is still a lot of space available in the center, however, and hopefully the developers will be able to find retailers for these spaces. He feels the proposed service uses and the retail uses will complement each other. He also feels that it is necessary to occupy the space before it develops a negative connotation and becomes difficult to rent. Mr. Stein commented that his development team has considerable expertise. He urged the Board to be flexible, let the development team do its job, and try not to be micromanagers. 2 It is their recommendation that the petitioners' request for a special use for a Mail Boxes, Etc. store in Deerfield Centre be denied. On a motion to approve, the motion failed 0 -4. .The Village Center Development Commission held a workshop meeting on June 8, 2000. It is their,recommendation that Deerfield Centre's request for approval of an optometrist's office for Pearle Vision, a Great Clips Hair Salon, and a Mail_ Boxes, Etc. store be denied. On a motion to deny, the motion passed 7 -0. Attorney Ted Novak, Richard Stein, Bruce Kaplan, and Michael Tobin were in attendance. Mr. Novak reported that the petition for Great Clips is being withdrawn, but the petitioners are still requesting that the special uses for Pearle Vision and Mail Boxes, Etc. be approved. He stated that the businesses have proven to be successful elsewhere,. and the traffic study has concluded they would produce no negative impact. Mayor Forrest commented that sales tax revenue at Deerfield Centre is very important as it is needed to pay down the debt on the TIF district. Mr. Novak acknowledged the Village's desire for sales tax producing uses as opposed to service uses but indicated that a large number of retailers were contacted without result. There is still a lot of space available in the center, however, and hopefully the developers will be able to find retailers for these spaces. He feels the proposed service uses and the retail uses will complement each other. He also feels that it is necessary to occupy the space before it develops a negative connotation and becomes difficult to rent. Mr. Stein commented that his development team has considerable expertise. He urged the Board to be flexible, let the development team do its job, and try not to be micromanagers. 2 Mr. Kaplan discussed his vision for Deerfield Centre. He commented that it took about twenty -five years of effort for the Highland Park downtown to get where it is today. Like Highland Park, Deerfield will attract many high quality retailers, but it will take time. He noted that having Highland Park only three miles away is part of the reason he is having trouble attracting retailers to Deerfield Centre. Mr. Kaplan also noted that many uses which the Village considers special uses are permitted uses in other communities and would not require special approval by the Board, For almost an hour Board members and the developers discussed special uses in general, the proposed businesses in particular, and other matters relating to Deerfield Centre. Deerfield resident Kelly Milani urged the Board to wait for quality uses and not rush to fill the stores. VCDC member Barbara.Struthers commented that the two special uses proposed by the developers are not the interesting retailers promised and they will not generate traffic. Trustee Harris commented that he will vote for both special uses. He understands and appreciates the points made by the Plan Commission and the VCDC, but he feels activity is needed at Deerfield Centre as quickly as possible. Trustee Ragona commented that he too will vote for both special uses, even though they wouldn't be his first choice of businesses. He noted that if they turn out not to be good choices, the public will not use them, and they won't last. Trustee Seiden commented that he will vote for Pearle Vision but not for Mail Boxes, Etc., which he believes is an inappropriate use, even though it will probably be successful. After everyone who wished to express an opinion had done so, Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission to permit a special use for an optometrist's office for Pearle Vision and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed, with all trustees voting for it, with the exception of Trustee Heuberger, who is recused. Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct the Village Attorney to prepare an ordinance permitting a text amendment that would allow a mailing and parcel packaging, shipping, receiving, and business services store as a special use in the C -1 Village Center District. Trustee Ragona seconded the motion. The vote was as follows: AYES: Harris, Ragona, Forrest (3) NAYS: Rosenthal, Seiden (2) RECUSED: Heuberger (1) Trustee Rosenthal made a motion to approve the request of Northern Realty Group /Mesirow Stein for a special use for a Mail Boxes, Etc. and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The vote was as follows: AYES: Harris, Ragona, Forrest (3) NAYS: Rosenthal, Seiden (2) RECUSED: Heuberger (1) There was discussion whether three votes is enough to approve a motion. The consensus was that it is. The Mesirow 3 Stein /Northern Realty matter being concluded, at 9:20 Mayor Forrest called for a brief recess. He reconvened the meeting at 9 :30 P.M. TRUSTEE IN THE TOWN Trustee Seiden reported that Trustee in the Town was held at the Farmer's Market on June 24th. He and Trustee Heuberger were in attendance. Over a hundred people came over to talk with them. Trustee Seiden summarized the questions that were posed and provided responses to those questions. Trustee Heuberger reported that comments were overwhelmingly positive, with the exception being that people are quite concerned about traffic. The next Trustee in the Town will take place on August 26th. It will again be held at the Farmer's Market. Mayor Forrest and Trustee Harris will represent the Village Board.. CLARIFICATION Mayor Forrest returned to the topic of the special uses for Deerfield Centre to clarify that at the next meeting the special use ordinances will be before the Board for First Reading. At the first meeting in August they will be before the Board for Second Reading. Four positive votes will be needed in order to pass the ordinances. On another topic, Kelly Milani expressed concerns regarding some of the work being done at Deerfield Square. Some curbs are already crumbling and brick pavers are cracked. REPORT AND RECOMMENDATION OF PLAN, The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR June 8, 2000. It is their recommendation DIRECTIONAL SIGNAGE FOR WALGREENS, that the proposed directional signage for DEERFIELD SQUARE Walgreens at 780 Deerfield Road in Deerfield Square, including sign modifications for the size of the "drive' thru pharmacy" sign and the illumination of the signs, be approved. The motion passed 5 -0. Trustee Rosenthal commented that in her opinion the drive thru pharmacy sign doesn't need to be illuminated. Trustee Heuberger commented that, in his opinion, the drive thru pharmacy sign isn't needed at all, as it is more of an advertising sign than a directional sign. Trustee Ragona agreed. It was decided that the "Enter" and "Exit" signs should be voted on separately from the "Drive thru pharmacy" sign. Trustee Ragona made a motion to approve the "Enter" and "Exit" signs as proposed and to direct preparation of an ordinance. Trustee Heuberger seconded the motion. The motion passed, with all trustees voting for it with the exception of Trustee Harris who is recused. Trustee Rosenthal made a motion to approve the "drive thru pharmacy" sign as proposed and to direct preparation of an ordinance. Trustee Heuberger seconded the motion. The motion failed, with all trustees voting against it with the exception of Trustee Harris who is recused. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST TO APPROVE June 8, 2000. It is their recommendation NEW SIGN CRITERIA FOR.LAKE COOK that Lake Cook Plaza's request for approval PLAZA of ten new sign criteria for the shopping center be approved. The motion passed 4 -0. 4 John Parker was in attendance to respond to questions from Board members. He'commented that the new signage will give Lake Cook Plaza a more modern look and will increase visibility from Lake Cook Road. He added that all new tenants of the shopping center will have the new style signs, and hopefully some current tenants will want to change to the new signs as well. It was noted that each new sign must be taken before the Appearance Review Commission for approval. In response to a question from Trustee Heuberger, Mr. Parker commented that plans are underway to change the monument sign at the entrance to Lake Cook Plaza, but it is not part of the current proposal. After discussion Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and to direct preparation of the ordinance. Trustee Seiden seconded the motion. The motion passed unanimously. Deerfield resident Jerry Kayne commented that he would like to see the Village's sign ordinances more carefully enforced. He gave the example of the large paper signs at the new Walgreens. OLD BUSINESS ORDINANCE 0 -00 -20 APPROVING FRONT An ordinance approving a front yard variation YARD VARIATION, ROBERT ROSIN, 550 for the property located at 550 Brierhill BRIERHILL ROAD Road. Second'Reading. The variation will permit the 140' setback requested by the petitioners in lieu of the established 175' setback. Trustee Rosenthal made a motion to adopt the ordinance. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0) DISCUSSION RE SCAVENGER SERVICE Mayor Forrest reported that the Village has PROPOSAL FROM ONYX WASTE SERVICES, received a letter from Onyx North America NORTHBROOK, IL (HELD OVER FROM Corporation stating that they have researched 6/19/00) all alternatives and will be unable to provide the Village with the two day scavenger service the Village-has requested. They are therefore rescinding their proposal. The Village will prepare specifications and begin the process of going out for bids. The current contract with Alliance Waste Systems expires at the end of this year. RESOLUTION R -00 -11 AUTHORIZING In March 1999 the Village agreed to pay SETTLEMENT OF LITIGATION RE $200,000 as preliminary just compensation for ACQUISITION OF 721 CENTRAL AVE. 721 Central Avenue. The final settlement stipulation will result in the Village paying an additional $10,000, for a total payment of $210,000. Trustee Ragona made a motion to adopt a resolution approving the additional payment of $10,000 for 721 Central Avenue. Trustee Heuberger seconded the motion. The motion passed by the following vote: 9 AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0) RESOLUTION R -00 -12 AUTHORIZING. In June 1999 the Village agreed to pay SETTLEMENT OF LITIGATION RE $400,000 as preliminary just compensation ACQUISITION OF 725 -729 CENTRAL for 725 -729 Central Avenue. The final settlement stipulation will result in the Village paying an additional $25,000, for a total payment of $425,000. Trustee Heuberger made a motion to adopt a resolution authorizing the additional $25,000 payment for 725 -729 Central. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0) ORDINANCE INCREASING THE NUMBER OF CLASS B LIQUOR LICENSES FROM NONE TO ONE, THE NUMBER OF CLASS C LIQUOR LICENSES FROM THREE TO FOUR AND DECREASING THE NUMBER OF CLASS A LIQUOR LICENSES FROM FOUR TO THREE DISCUSSION RE FLODSTROM REQUEST FOR ADDITIONAL TAX INCREMENT FINANCING FUNDS FOR LOT 4 IN THE BRICKYARDS to discuss his request. An ordinance increasing the number of Class B liquor licenses from none to one (Sopraffina Marketcaffe), the number of Class C liquor licenses from three to four (Sopraffina Marketcaffe), and decreasing the number of Class A liquor licenses from four to three (Walgreens). First Reading. NEW BUSINESS In a letter dated June 30, 2000 Sven Flodstrom requested that the Village authorize an additional payment of $281,743 in TIF funds for his project at the Brickyards. Mr. Flodstrom was in attendance Trustee Heuberger commented that the dollars requested can be broken down into two parts: those needed for foundation, grading and utilities work, and those needed for tenant enhancements. In his opinion it is appropriate to pay an additional amount for an improved foundation ($174,219) and an additional amount for grading work and utilities ($26,657), but it is not appropriate to pay for the upgrades ($80,867). Mayor Forrest responded that he is in favor of granting Mr. Flodstrom's request. The site has been difficult, the funds are available, and the total amount being requested by Mr. Flodstrom is less than the amount turned down by a previous developer. It was decided to vote on the three requests separately. Trustee Heuberger made a motion to approve an additional $174,219 in TIF funds for foundation costs. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0) Trustee Heuberger made a motion to approve an additional $26,657 in TIF funds for grading work and utilities. Trustee Ragona seconded the motion. The motion passed by the following vote: A AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None (0) Trustee Rosenthal made a motion to approve an additional $80,867 in TIF funds for upgrades. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Ragona, Rosenthal, Seiden (A) NAYS: Heuberger (1) DISCUSSION FAMILY DAYS Trustee Rosenthal commented on a very successful Family Days celebration. Trustee Heuberger added that it was the biggest parade crowd he has seen. Trustee Ragona reported that he got some negative comments concerning the fireworks which started early and were missed by some people who were still en route. He also got comments from people who thought that the Deerfield High School band and other musical groups should take part in the parade. Diane Mikula responded that the fireworks were started early because weather reports indicated that rain was imminent.. Mayor Forrest commented that musical groups are an expensive and involved undertaking, but it would be nice if this could be revitalized. HOUSEHOLD CHEMICAL WASTE PICK UP Trustee Ragona reminded everyone that this Saturday there will be a household chemical waste pick up at Deerfield High School. N.E. CORNER, DEERFIELD & WAUKEGAN Trustee Ragona asked if anything can be done to approve the appearance of the northeast corner of Deerfield and Waukegan. Trustee Rosenthal responded that this is private property, but as plans for the new Streetscape are developed the committee will probably make some recommendations to the bank on ways to improve the appearance of the property. SHEILA QUINN RESIGNATION Trustee Heuberger announced that Sheila Quinn has resigned her position with Pedersen & Houpt and will therefore no longer serve as one of the Village's attorneys. He suggested a commendation be prepared for Mrs. Quinn in recognition of her years of service to the Village. EXECUTIVE SESSION Mayor Forrest asked for a motion to go into Executive Session to discuss litigation and possible land acquisition. Trustee Ragona so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden (5) NAYS: None ( 0 ) ADJOURNMENT There being no further business to discuss, Trustee Ragona made a motion to adjourn the meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:10 P.M. 7 11, ATTEST: 1 Village Cler APPROVED: Mayor VILLAGE CENTER REDEVELOPMENT Progress Report July 5, 2000 Southwest Quadrant (Deerfield Square): ➢ The old Walgreens building has been completely demolished and the debris removed. ➢ Work is under way to complete the curbing and parking areas between Bank One and Walgreens. ➢ The retaining wall along Deerfield Road, just east of the Viaduct, has been completed. Southeast Quadrant (Deerfield Centre): ➢ The initial paving will be completed this week from the interior four -way intersection to the north. This includes the parking field over the box culvert and the east parking lot at 611 Deerfield Road. ➢ Masonry work has begun on the north fagade of the residential buildings. That work will take approximately three weeks. ➢ The Village has begun mechanical inspections for the residential units. ➢ Soprafina's Cafe has begun their tenant buildout and is hoping to be open in early August. South Commons: ➢ The James Company's groundbreaking ceremony for the condominiums is scheduled for this Thursday, July 6`h. ➢ The Village has reached a settlement on the final price for the Volberding property at 721 Central Avenue in the amount of $210,000. Also on tonight's agenda is a settlement on the final price for the Murphy property at 725 -729 Central Avenue in the amount of $425,000. ➢ Five permits have been released for additional buildings to be constructed. L! 1