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01/16/2001January 16, 2001 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 Tuesday, January 16, 2001, at 8:00 P.M. In the absence of the Mayor, Trustee Swanson made a motion that Trustee Rosenthal serve as Mayor Pro Tem for the meeting. Trustee Harris seconded the motion. The motion passed unanimously. The Clerk called the roll and announced that the following were: Present: Steve Harris John Heuberger Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Absent: Bernard Forrest and that a quorum was present and in attendance. Also present were Attorney Peter Coblentz and Village Manager Robert Franz. MOMENT OF SILENCE Trustee Seiden reported the death of Anthony Saboto on January 9t°. A longtime resident of the Village, Mr. Sabato was a sixteen year trustee on the Library Board, during which he served as Treasurer. Trustee Seiden called for a moment of silence in memory of Mr. Sabato. SEIDEN NOT TO RUN AGAIN FOR LIBRARY BOARD Trustee Seiden announced that he has decided . not to seek reelection to the Library Board. 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. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None ( 0 ) TREASURER'S REPORT George Valentine presented highlights from the December Treasurer's Report. Sales tax for December (September sales) is 9% above last year (September 1999 sales). The twelve months total is 12% above last year. As of becember 31, 2000, 101.4% of cash was invested at an average interest rate of 6.37 %, which compares with an .average rate of 5.88% for the 90 -day Treasury Bill. Mr. Valentine commented that the Street Department is over its projected budget, due to the windstorm earlier in the year and the heavy snows this winter. In response to a question from Trustee Heuberger, Barbara Little reported that 80% of the budgeted amount for salt has been utilized. REPORT ON DEPARTMENTAL OBJECTIVES, PUBLIC WORKS & ENGINEERING Report included: Barbara Little presented the semi annual report for Public Works and Engineering. Highlights from the Public Works Department • Th'e Public Works Department has 33 full time employees and a current operating budget of $7,000,000. • This was the second coldest December on record. 38" of snow fell during this period, and there were 19 water main breaks. 2300 man hours were worked during the three weeks of snow. • All public works employees have participated in confined space entry training. • An in -house Safety Committee has been instituted. • The Public Works Department has been drug and alcohol free for all five years it has participated'in random testing. • 10,000 cubic yards (500 loads) of leaves were picked up during this year's program. • The Sewer Department has responded to 255 service calls. About 70% of the problems were in private lines. • There were 92 main breaks during 2000. • Village drinking water meets or exceeds all U.S. and I.E.P.A. requirements. After responding to several questions from Board members, Mrs. Little reported that in the Engineering Department: • The 50/50 Sidewalk /Curb and Safety program has been converted to the Trip Stopper and Sidewalk Program. This year over 20,000 square feet of sidewalk and 1,100 lineal feet of curb were removed and replaced. • The construction contract for the intersection of Waukegan Road and North Avenue has been awarded to Alliance Contractors. All agreements are in place except the one between METRA and IDOT. • The Deerfield Road Bridge over the North Fork was.successfully accomplished. • In spite of the weather the tollway has been able to continue work on the underpass from the Edens Spur to the Deerfield Road exit. • The 2,000,000 gallon reservoir and pumping station is proceeding, but at a slower pace due to the weather. The water transmission line is proceeding smoothly. • The three traffic signals for the downtown area should be operational within a month. • The pedestrian bridge over Deerfield Road at the viaduct has been awarded a State grant. VILLAGE CENTER REDEVELOPMENT UPDATE Mayor Pro Tem Rosenthal presented a progress Report on the redevelopment of the southeast quadrant, the southwest quadrant, and South Commons. Melissa Bigg inquired about parking in the Medical Building garage. Mr. Franz responded that it his understanding that the spots are rented by building tenants'to be used as the tenants see fit. Mayor Pro Tem. Rosenthal suggested that a person ask when making an appointment if there are spots available in the garage for patient use. 2 1 1 1 CHECK FROM CAIS Trustee Ragona reported that $200 of the $400 . he received from CAIS will be donated to the Community Emergency Fund. The remainder will be distributed equally among Rotary, Kiwanis, Lions and the Optimists. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR REAR YARD SETBACK hearing on December 12th to consider the VARIATION - MR. AND MRS. JOEL request of Mr. and Mrs. Joel Blau for a BLAU, 1635 TALL TREE LANE variation for their property at 1635 Tall Tree Lane. The variation, if granted, would permit construction of an addition encroaching approximately 4.583' into the 50' required rear yard. The Board of Zoning Appeals recommends that the requested variation be granted. The motion passed 6 -0. Trustee Ragona.made a motion to accept the Report and Recommendation of the BZA and to direct preparation of an ordinance. Trustee Swanson seconded the motion. The motion passed unanimously. The petitioner indicated that he will be requesting a waiver of the rules so that he can get the project started. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND December 14th. It is their recommendation REPORT AND RECOMMENDATION OF VCDC that Northern Realty Group /Mesirow Stein's RE REQUEST FOR SPECIAL USE - request for a special use to permit a CHIPOTLE MEXICAN GRILL, DEERFIELD Chipotle Mexican Grill restaurant in the CENTRE Deerfield Centre development at 675 Deerfield Road be approved. The motion passed 3 -1. At its meeting on December 6th, the Village Center Development Commission also voted to approve the special use. The vote was 7 -0 with one abstention. Northern Realty's Michael Tobin was in attendance to discuss the proposal. He reported that this request should be the final special use for this development. Using a color coded drawing of Deerfield Centre, Mr. Tobin updated Board members on the leasing status of the development. He expects the stores and restaurants to be fully leased by the end of March and fully open by the end of June. In addition, 52 of the 56 apartments are currently rented, and Mr. Tobin expects full occupancy by the end of February. The second floor office space should also be fully leased soon. Mr. Tobin noted. that the ,perimeter fence is complete except for a few sections of trellis. Deflectors for the light fixtures have been delayed but should be up soon. Mayor Pro Tem Rosenthal asked if any of the potential tenants of second floor offices are medical uses, noting that parking requirements for medical use are greater than for other office space. Mr. Tobin responded that none of the potential users are medical in nature. Traffic consultant Robert Hamilton reported that parking counts they have done at lunch time were as almost exactly as predicted. He is therefore comfortable asking for a special use request for Chipotle Grill. As long as the tenant mix remains as it now, parking should not become a problem. In response to a comment from Trustee Swanson, Mr. Hamilton commented that with the restaurants all at the north end of the development, many customers will find it necessary to park in spaces in other parts of the 3 development and walk to their destination. Mr. Tobin reported that.a two hour parking rule has been posted, with the developer having the right to tow. This rule should prevent commuters from using the lot, as well as force employees to use the further away spots designated for them. Trustee Heuberger expressed concern about the two hour limit. He would like for shoppers to have the freedom to park in one location, then walk to various establishments around town without moving their car. Susan Ragona commented that she has heard numerous comments from her neighbors that the lighting is too bright. Other neighbors have concerns about fencing. Trustee Seiden made a motion to accept the Report and Recommendation of the Plan Commission and the Report and Recommend- ation of the VCDC and to direct preparation of an ordinance. Trustee Ragona seconded the motion but asked that final approval not be granted until the final punch list has been satisfied. Mayor Pro Tem Rosenthal responded that there are two readings before approval. Based on Mr. Tobin's comments at this meeting, the punch list items should be taken care of by then. The motion passed, with all trustees voting in favor of it, with the exception of Trustee Heuberger, who is recused. CONSENT AGENDA ORDINANCE AMENDING SPECIAL USE TO An ordinance permitting.a special use to ALLOW FOR AN ADDITION, ZIPPY'S permit an addition to Zippy's Restaurant. RESTAURANT The petitioners plan to enclose the existing outdoor patio so that the area can be used , year around. First Reading. OLD BUSINESS ORDINANCE RE SPECIAL USE FOR Trustee Swanson made a motion to remove the ANTENNAS WHICH EXTEND MORE THAN matter from the table. Trustee Heuberger 20' ABOVE THE ROOF DECK - WINSTAR seconded the motion. The motion passed COMMUNICATIONS, SECOND READING unanimously. In response to a question posed by Trustee Heuberger. at the previous meeting regarding who would be served by the proposed Winstar installation, Attorney Amy Kurson reported that approximately 400 businesses in Deerfield and about 200 businesses in Northbrook are within the 1.6 mile radius to be served by the facility. Using an aerial photo, Ms. Kuirson showed the area that falls within the 1.6 mile radius. . Ms. Kurson also.reported that Winstar has studied the height issue and has concluded that it can reduce the height from 16' to 12'. This puts the height of the total installation at 231, only 3' in excess of the permitted height. Winstar's Errol Campbell explained reasons why Winstar prefers not to use hotels for their installations. These include the need to take a number of x -rays, which requires evacuation of the building, and also the high maintenance the facility would require. Maintenance is usually done at night when offices are empty but when hotel users might be disturbed.. 4 In response to a question from Trustee Ragona regarding setting a precedent by permitting this facility, Mr. Coblentz commented that approvals would continue to be granted on a case by case basis. Any petitioner wishing to build an installation would still need to prove the elements of the special use— compatibility with surrounding property, absence of any adverse impact in value, etc. Trustee Harris commented to Ms. Kurson that at a previous meeting she stated that the antenna height could not be reduced, yet now she is agreeing to reduce it by four feet. He stated.that it had been made to appear.that technology would not permit reduction of the height, and he now wonders if further reductions could be made that would permit the antenna to conform to Village's height requirements. Ms. Kurson responded that reducing the height of the antenna will prevent Winstar from being able to serve some close up buildings, but they have made a marketing decision to make the reduction in order to receive Board approval. She added that 12' is as low as they can go and guarantee that the signal will not be interrupted by rooftop workmen walking past the antenna. Trustee Seiden commented that he would like to see a revised-drawing of what the building would look like. He would also like documentation from Embassy Suites and Gidwitz Place that they do not want the facility on their building. Mr. Campbell explained that even on a taller building they need the 12' antenna. Trustee Heuberger asked Country.Lane resident. Gil Antokol his opinion of the proposed facility. After noting that he is not within the required notification area, Mr. Antokoi said he can see the building from his home and thinks the proposed facility would not be very attractive. After further discussion, Trustee Heuberger suggested tabling the matter once again. Between now and the next meeting the petitioners can meet with their corporate authorities and decide how to proceed. Trustee Harris seconded the motion: The motion passed unanimously. Trustee Seiden suggested bringing an engineer to the next meeting. ORDINANCE AMENDING ZONING ORDINANCE Mayor Pro Tem Rosenthal suggested tabling RE TELECOMMUNICATIONS FACILITIES ON the matter once again. Mr. Franz commented PUBLIC PROPERTY, SECOND READING that since the Cable Commission will not be meeting again until February, the matter should perhaps be tabled until the second meeting in February. Board members agreed. AUTHORIZATION FOR MAYOR TO SIGN As part of the water transmission line AGREEMENT RE METRA EASEMENT FOR project, it will be necessary to cross under WATER TRANSMISSION LINE the railroad tracks. In order to obtain METRA's permission to have Village facilities under their right -of -way, they require the Village to sign an easement. There are several provisions in the agreement which still have not been agreed upon and need to be negotiated; however, as the Village is ready to proceed with the project, Mrs. Little is requesting the Mayor's signature on the easement agreement. It was decided to table the matter while the Village Attorney works with Mrs. Little and METRA to resolve the outstanding issues. RESOLUTION R -01 -01 APPROVING AGREEMENT RE GRANT FOR DEERFIELD ROAD PEDESTRIAN BRIDGE In September the Village submitted an application to IDOT for funding to replace the pedestrian bridge over the viaduct. This 5 resolution will approve an agreement with IDOT for $100,000 for design purposes. Additional funds will be forthcoming after the full scope of the improvement is determined. Trustee Swanson made a motion to adopt the resolution. Trustee Heuberger seconded.the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal,.Seiden, Swanson (6) NAYS: None (0) NEW BUSINESS DISCUSSION RE AGREEMENT WITH ELM Village personnel have been working with STREET RESIDENTS FOR UTILITY residents of 402, 412, 420, and 434 Elm IMPROVEMENTS Street in figuring out. .the sewer and the storm drain systems between their four houses. Residents were unable 'to determine where the. sewer services were located and where they discharged to the main line. It has been determined that each home is interconnected with at least one neighbor. Services and connections were improperly constructed and are in violation of numerous Village codes. Broken pipes are allowing inflow to the sanitary system. Staff recommends that the homeowners and the Village work together with one contractor to correct the various problems, with the cost of the repairs for each address to be split evenly between the Village and the resident. The total cost to the Village would . be approximately $6,000. The Village Attorney has prepared a simple agreement between the.Village and the homeowners to facilitate construction of the necessary improvements. Trustee Heuberger commented that since the Village will take on the responsibility of supervising and inspecting the project, the Village should be held harmless for those activities. It should also be made clear that the Village accepts no responsibility for landscaping. Trustee Harris commented that staff should be sure that the warranty the contractor is providing runs to the Village. After further discussion, Trustee Ragona made a motion granting Mayor Forrest permission to sign the agreement. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) nrcrrrgGrnu REFUSE SERVICE Mayor pro tern Rosenthal commented on her favorable impression of Onyx to this-point. She asked that residents let Onyx know if they are having a problem with their service, and she requested patience with Onyx during the initial learning phase of their contract. NEXT MEETING IN THREE WEEKS Mr. Franz reported that since there are five Mondays in January, the next meeting will not be for three weeks. In addition, the second meeting in February will be on Tuesday, February 20th due to Presidents Day. 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 10:15 P.M.. ATTEST: Village Cler 1 1 APPROVED: 7 Mayor VILLAGE CENTER REDEVELOPMENT Progress Report January 16, 2001 Southwest Quadrant (Deerfield Square): ➢ Construction work continues on the remaining buildings in Phase II of the project. ➢ Runway, a woman's boutique, has signed a lease to occupy 2000 sq. ft. immediately west of White House Black Market. ➢ The Grand Prix Car Wash on Robert York Avenue is now open for business. ➢ Bath & Body Works is scheduled to open in February. Southeast Quadrant (Deerfield Centre): ➢ Sprint PCS will hold its grand opening of their new store at 775 Waukegan Road on Sunday, January 21't at noon. ➢ Pearle Vision is also scheduled to open this month. ➢ Fifty of the fifty -six apartment units are leased. ➢ Northern Realty expects to have leases signed for the entire development by the end of March. South Commons: ➢ The James Company reports steady progress on all three phases of the project. it 1