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02/05/2001February 5, 2001 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 5, 2001, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Steve Harris Johri Heuberger Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson and that a quorum was present and in attendance. Also present were Attorney Peter Coblentz 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. Trustee Ragona made a motion to approve the minutes of the January 30th Committee of the Whole Meeting. Trustee Heuberger seconded the motion. The motion passed unanimously. SWEARING IN OF POLICE CHIEF Trustee Rosenthal moved to confirm the appointment of Deputy Chief John Sliozis to Chief of Police. .Trustee Ragona seconded the motion. The motion passed unanimously. In the presence of_the Board, Police Commissioners, many Village employees, friends, Mr. Sliozis' brother (who is Police Chief of Hawthorne Woods) and three of Mr. Sliozis' children, Mr. Franz administered the Oath of Office. Chief Sliozis, who was selected from a field of 58 applicants, is a graduate of Western Illinois University, has completed the Police Management Training Program at Northwestern University Traffic Institute, and has been with the Deerfield Police Department since 1976. Chief Sliozis expressed his thanks to everyone who has helped and supported him throughout his career. PROCLAMATION, BOY SCOUTS 91ST Mayor Forrest read a proclamation designating ANNIVERSARY February 8th as the 91't anniversary of the Boy Scouts of America in Deerfield.. Trustee Heuberger made a motion to accept the proclamation. Trustee Ragona seconded the motion. The motion passed unanimously. VILLAGE CENTER REDEVELOPMENT UPDATE Mayor Forrest presented a progress report on the redevelopment of the Southeast quadrant., the southwest quadrant and South Commons. PUBLIC COMMENT Mayor Forrest asked that the Human Relations Commission begin working earlier this year on the Senior Citizens Housing Subsidy Program. He feels that, with the large increase in heating costs.this year, there may be more people who need to make use of the program. CONSENT AGENDA Trustee Ragona asked that the items in the Consent Agenda be considered separately. ORDINANCE 0 -01 -03 AMENDING SPECIAL An ordinance permitting a special use to USE TO ALLOW FOR AN ADDITION TO allow an addition.to Zippy's Restaurant. The ZIPPY'S RESTAURANT petitioners plan to enclose the existing outdoor patio. Second Reading. Trustee Ragona made a motion to adopt the ordinance. Trustee Swanson seconded the'motion. The motion passed by the following vote: AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None ( 0 ) RECUSED: Heuberger (1) ORDINANCE 0- 01- 04,GRANTING REAR An ordinance permitting a variation to Mr. YARD SETBACK VARIATION, BLAU, 1635 and Mrs. Joel Blau for their property at TALL TREE LANE 1635 Tall Tree Lane. The variation would permit construction of an addition encroaching approximately 4.583' into the 50' required rear yard. First Reading. In a letter dated January 18, 2001, Mr. Blau requested a waiver of the rules so that work on the project could begin without further delays. Trustee Rosenthal moved for a waiver of the rules. Trustee Heuberger seconded the motion. The motion passed unanimously. Trustee Rosenthal moved for adoption of the ordinance. Trustee Swanson seconded the motion. The motion passed by the following.vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ORDINANCE APPROVING SPECIAL USE, An ordinance approving a special use to CHIPOTLE MEXICAN GRILL, DEERFIELD permit a Chipotle Mexican Grill at Deerfield CENTRE Centre. First Reading. There was discussion that, due to the limited parking at Deerfield Centre, a new restaurant which might some day replace Chipotle Mexican Grill should be required to be of the same carry out /sit down mix or else go through the special use process. It was decided that this stipulation will be added to the ordinance before Second Reading. Trustee Ragona reported that the promised light shields have not yet gone up. Michael Tobin reported that they should have gone up by now. He will take the matter up with the electrical contractor. He will also take action on the remaining fence issues. OLD BUSINESS ORDINANCE RE SPECIAL USE FOR Winstar.has written to the Village asking ANTENNAS WHICH EXTEND MORE THAN that this item be tabled. Trustee Swanson 20' ABOVE THE ROOF DECK, WINSTAR so moved. Trustee Heuber,ger seconded the COMMUNICATIONS, SECOND READING motion. The motion passed unanimously. 2 AUTHORIZATION FOR MAYOR TO SIGN The Village is constructing a new water EASEMENT AGREEMENT WITH HIGHLAND main to connect to the City of Highland Park. PARK RE WATER TRANSMISSION LINE Highland Park has drawn up a license agreement so that Deerfield's contractors can construct the water main within the limits of that utility easement. The work is expected to be performed this winter. Mrs. Little requests authorization to enter into the agreement. Trustee Heuberger asked that Exhibit B be clarified to better show what area will be transferred to the ownership of Highland Park. Trustee Heuberger also suggested several areas in the agreement which need survival clauses or a reverse indemnity clause. Trustee Ragona made a motion to authorize Mayor Forrest to sign the easement agreement subject to the necessary corrections being made. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ' AUTHORIZATION FOR MAYOR TO SIGN The.easement agreement between the Village AGREEMENT RE METRA EASEMENT FOR and METRA has undergone a number of changes WATER TRANSMISSION LINE as a result of suggestions made at the last Board meeting. If now acceptable, Mrs. Little requests that Mayor Forrest be authorized to sign the agreement. Trustee Heuberger expressed his concern that if METRA were to terminate the easement 120 days after giving notice, as stated in the agreement, the Village would not have enough time to_find an alternate arrangement. He also noted that their offer of making "reasonable" efforts to relocate the pipeline is not the same.nor is it as good as offering their "best" efforts. Attorney Coblentz responded that METRA seems unwilling to yield further in this matter. Trustee Harris.suggested contacting their counsel directly and Mayor Forrest suggested contacting the METRA Board. Lastly, Trustee Heuberger commented that regarding Item 5, he agrees that while the Village should be required to subordinate to any existing easements, that should not be the case with future easements, and he would like the wording changed to clarify that this is the case. After further discussion, the Village Attorney and Mrs. Little agreed to meet with METRA again regarding these proposed changes and will return to the next meeting with the results of their discussions. NEW BUSINESS CRM PROPERTIES APPEAL OF ARC'S For Building #3 at Deerfield Centre, the DECISION ON EXTERIOR BUILDING Appearance Review Commission recommended that REVISIONS AT DEERFIELD SQUARE the faux second floor windows be made of clear glass, with a drywall box behind each window, and the windows were to be illuminated at night to give the appearance of a real second floor. The developer and his architect instead installed black spandrel glass. In a letter to Mr. Malk dated December 15, 2000, Planner Jean Spagnoli informed the developer that, if he does not intend to correct this violation, he must make an appeal to the Mayor and Board. Chuck Malk, architect Mark Knauer, Jean Spagnoli, and ARC Chairman Dick Coen were in attendance to discuss the matter. 3 Mr. Knauer stated that, in his opinion, the spandrel glass looks better than translucent glass in the windows in question. It looks less fake next to the real windows, and at night does not have the "Disney" effect of false lighted windows. Mr. Knauer added that he and Mr. Malk do not remember agreeing to light any windows above the roof line. Board members referred Mr. Knauer to minutes of ARC meetings in which the lighted translucent windows were discussed and agreed to by Mr. Malk. Mr. Coen provided a brief history of the issue, citing a previous project of Mr. Malk's which contained back lit faux windows, Mr. Malk's preliminary drawings for Deerfield Square which also show backlit glass windows, and minutes of meetings in which Mr. Malk and his architect agreed to this recommendation without contest. Mr. Coen commented that at their November meeting, the.ARC reluctantly agreed to go along with four of five changes requested by Mr. Malk, but they did not agree to this one and they would like to see it implemented as previously agreed upon. Trustee Heuberger made a motion to accept the ARC recommendation that the four round windows (two in Section B and two in Section D of Building #3) be made of frosted glass and be backlit. trustee Swanson seconded the motion. Mr. Malk commented that his use of spandrel glass was not for economic reasons. Spandrel glass is actually more costly. In his opinion the backlit translucent "doghouses" do not look good, and they are difficult to maintain, as changing a light bulb requires entrance from the roof. There is no electrical wiring to them at this time. Trustee Heuberger suggested referring the matter back to the ARC for further review. Mr. Coen responded that their vote for the backlit windows had been unanimous, and that is still their preference, but they will look at the matter again if the Board requests it. After further discussion, Mr. Malk withdrew his appeal -and will take up the matter again with the-ARC. AUTHORIZATION TO DISPOSE OF SURPLUS Authorization is sought to dispose of ten PROPERTY - 10 SQUAD CARS squad .cars that are being replaced. The cars were advertised as three packages. The first two packages each contained four 1998 Ford Crown Victoria police pursuit vehicles, and the third package contained one 1994 and one 1995 Chevrolet Caprice police pursuit vehicle. It is the recommendation of Chief Sliozis that Package #1 be awarded to high bidder Asia Motors in the amount of.$35,600, that Package #2 be awarded to high bidder Asia Motors in the amount of $34,000, and.that Package #3 be awarded to high bidder Chicago Motors in the amount of $6,000. Trustee Seiden so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, .Rosenthal, Seiden, Swanson (6) NAYS: None (0) AUTHORIZATION TO PURCHASE NEW Included in the current budget is replacement COPY MACHINE of a copy machine which is more than five years old. Four copiers were tested in.the Finance Department for several days each. Staff's preference was the MITA KM6230 copier at a cost of $14,495, delivered and installed. The maintenance cost is 4 1 1 1 AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0). DISCUSSION PARKING FOR MEDICAL OFFICE BLDG. Trustee Ragona reported that he has discussed with Mr. Malk the issue of parking in the medical building garage. Mr. Malk told him that the spaces are all leased by tenants of the building, but there are three handicapped spaces right outside.the' front (Osterman Avenue) entrance to the building. Below ground parking can be used on weekends. INTERNATIONAL HOCKEY TOURNAMENT Trustee Ragona reported that he recently had the privilege of dropping a ceremonial puck at an international hockey tournament in which Deerfield High School.played. DISCUSSION RE COROMANDEL ROAD Trustee Ragona reported that he recently had CLOSING a lengthy discussion with Nort Wasserman, former head of the Coromandel umbrella association, regarding the desire of Coromandel residents to permanently close the road through Coromandel. As a result of that discussion,.Trustee Ragona made a motion to close the road permanently. He feels the matter has been on the political horizon for too long, that there is precedent for closing the road, and that Coromandel residents can petition to have the road reopened at some future time if they ever change their minds. He feels this is an issue that is not going to go away and that it would be in everyone's interest to settle it now rather than later.. Reading from a prepared statement that he commented he had planned to use at some future meeting, Trustee Seiden seconded the motion. Although he feels that it was the Village-'s intent from the start to have the road open and that this was part of the plan agreed to by the developer, it is clearly the wish of Coromandel residents to not have the road open. Trustee Seiden feels that the unrest and mean spiritedness this issue has caused will not go away until the road is.closed. Trustee Rosenthal pointed out that the Village recently successfully negotiated a three year moratorium on this matter. The purpose of the moratorium was that during the three year period (during which the.road will remain closed) the downtown will be completed and Coromandel residents and the Village will be able to see first hand what traffic patterns have developed. At the end of the *moratorium, they may still want the road to be permanently closed, but they may also change their minds and want to have it opened for easier access to the downtown. 5 $.0085 /copy. If desired, the copier can be linked with the computer system for an additional $2,888, but a decision on this has matter has not yet been made. Mr. Valentine recommends purchase of the MITA KM6230. Trustee Ragona commented that he is not in favor of linking the copier with the computer system. He feels a networked laser printer would be a better value. After further discussion, Trustee Rosenthal made a motion to approve the purchase of the MITA KM6230 at a cost not to exceed $14,495. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0). DISCUSSION PARKING FOR MEDICAL OFFICE BLDG. Trustee Ragona reported that he has discussed with Mr. Malk the issue of parking in the medical building garage. Mr. Malk told him that the spaces are all leased by tenants of the building, but there are three handicapped spaces right outside.the' front (Osterman Avenue) entrance to the building. Below ground parking can be used on weekends. INTERNATIONAL HOCKEY TOURNAMENT Trustee Ragona reported that he recently had the privilege of dropping a ceremonial puck at an international hockey tournament in which Deerfield High School.played. DISCUSSION RE COROMANDEL ROAD Trustee Ragona reported that he recently had CLOSING a lengthy discussion with Nort Wasserman, former head of the Coromandel umbrella association, regarding the desire of Coromandel residents to permanently close the road through Coromandel. As a result of that discussion,.Trustee Ragona made a motion to close the road permanently. He feels the matter has been on the political horizon for too long, that there is precedent for closing the road, and that Coromandel residents can petition to have the road reopened at some future time if they ever change their minds. He feels this is an issue that is not going to go away and that it would be in everyone's interest to settle it now rather than later.. Reading from a prepared statement that he commented he had planned to use at some future meeting, Trustee Seiden seconded the motion. Although he feels that it was the Village-'s intent from the start to have the road open and that this was part of the plan agreed to by the developer, it is clearly the wish of Coromandel residents to not have the road open. Trustee Seiden feels that the unrest and mean spiritedness this issue has caused will not go away until the road is.closed. Trustee Rosenthal pointed out that the Village recently successfully negotiated a three year moratorium on this matter. The purpose of the moratorium was that during the three year period (during which the.road will remain closed) the downtown will be completed and Coromandel residents and the Village will be able to see first hand what traffic patterns have developed. At the end of the *moratorium, they may still want the road to be permanently closed, but they may also change their minds and want to have it opened for easier access to the downtown. 5 Trustee Harris expressed his surprise at Trustee Ragona's motion, noting that several months ago Trustee Ragona was in favor of litigating to keep the road open. It frightens him that Trustee Ragona would change his opinion and call for a road closing, apparently "out of the blue ". He commented that the moratorium was agreed to by all sides after many hours of negotiation. That negotiation now being complete, he feels it is important for Village residents to know that the Board will follow though on its decisions, not shift with the political winds. Trustee Harris commented that if this issue is voted on tonight, he will vote to close the road, as he feels it is unsafe, but he does not feel this is the way to go about it. Trustee Heuberger commented that permanently closing the road now would take the discussion and decision making authority away from the Board and give it to residents of Coromandel. He noted that the decision on the road through Coromandel will affect not just Coromandel residents, but all Village residents, as having the road open would take cars off Waukegan Road. Options other than closing the road are possible. These include a gate, one way traffic, stop signs, and others. Trustee Heuberger observed that basing decisions on political turmoil is not the best solution in the long run. After a discussion lasting approximately 35 minutes, Trustee Heuberger made a motion to table the matter. Trustee Rosenthal seconded the motion. The vote was as follows: AYES: Heuberger, Rosenthal, Swanson (3) NAYS: Harris, Ragona, Seiden (3) As the Mayor is recused due to his ownership of condominiums in Coromandel and could not therefore break the tie, the motion to table failed. The vote on the motion to close the road was as follows: AYES:'.Harris, Ragona, Seiden (3) NAYS: Heuberger, Rosenthal, Swanson (3) RECUSED: Forrest (1) The motion to close the road therefore fails. EXECUTIVE SESSION Mayor Forrest made a motion to go into Executive Session to discuss litigation. The Executive Session will be followed by a workshop meeting. Trustee Ragona so moved. Trustee Heuberger seconded the motion. The motion passed by the following vote: AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Ragona seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:55 P.M. I C1 1 ATTEST: 1 III . eA� A�6 Ck"ftl Village Clerk APPROVED: Mayor VILLAGE CENTER REDEVELOPMENT ' Progress ss Report FebrujjU 5, 2001 1 Southwest Quadrant (Deerfield Square): Bath & body Works will be opening within a week. ➢ Runway is working on the interior of their store and is scheduled to open in March. ➢ Pot Belly, a sandwich and ice cream parlor, has signed a lease for 4,000 sq. ft. on the first floor of the office building. ➢ Ann Taylor Loft has signed a lease to occupy 5,500 sq. ft. in building #3. Southeast Quadrant (Deerfield Centre): ➢ Pearle Vision is now open for business. ➢ House of Style has secured a permit for interior build out. ➢ Northern Realty reports that all of the residential units have been leased. ➢ It is expected that all of the remaining business and office leases will be signed by the end of March. South Commons: ➢ Work continues on all three phases of the multi - family development. 1 1