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02/20/2001February 20, 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 Tuesday, February 20, 2001, at 8:00 P.M. The Clerk called'the.roll� and announced that the following were: Present: Bernard Forrest, Mayor John Heuberger Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Absent: Steve Harris 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. Trustee Rosenthal.commented that in the last paragraph on page 5, the second sentence should read, Coromandel residents `and the Village' will be able to see first hand. A mo minutes as amended passed unanimously. BILLS AND PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Heuberger, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None (0) TREASURER'S REPORT George Valentine presented highlights from the January Treasurer's Report. Sales tax for January (October 2000 sales) is 6% above last year (October 1999) sales. The twelve months total is 10% above last year. As of January 31, 2001, 101.8% of cash was invested at an average interest rate of 6.44 %, which compares with an average rate of 5.27% for the 90 -day Treasury Bill.' PROCLAMATION, YOUTH ART MONTH Mayor.Forrest read a proclamation designating March 2001 as Youth Art Month. He urged all citizens to become interested in and give full support to .quality school art programs for children and youth. Trustee Swanson made a motion to accept the proclamation. Trustee Heuberger seconded the motion. The motion passed unanimously. Mrs. Goldman, a South Park School art teacher, and four of her students were in attendance to accept the proclamation. 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 Sheldon Galens of Fountain View Drive expressed his displeasure at the possibility of Brickyards Park becoming the site of the new senior center, especially since the plans now call for it to be 25,000- 30,000 square feet in size, rather than the 10,000- 15,000 square feet previously stated. He feels that Jewett Park, in the center of the Village, is an ideal location, and that tiered parking would solve any parking shortage problems. He called for the Village and the Park District to work together to make this possible. Mayor Forrest and Board members spent several minutes discussing the history of the senior center issue. Trustees commented that they also were surprised to learn of the proposed size increase and that it now may also contain a gymnasium and a theater. Trustees expressed their willingness to continue to hold discussions with the park district in an effort to find a solution that is acceptable to all concerned. Gil Antokol, a member�of the Youth Council, was in attendance to discuss that group's desire to increase interest in the Jeffrey Werner Outstanding Youth Award by finding a sponsor for the award and attaching a financial award to it. This would require Village Board approval. Mr. Antokol and Board members spent several minutes. discussing the matter. Among the ideas discussed was whether the award should be in the form of cash or a scholarship, whether there should be one sponsor or multiple donors, and whether a solicitation should be made each year or an endowment program established. The Board indicated willingness to consider budgeting for the award for a year while the particulars are worked out. CONSENT AGENDA ORDINANCE 0 -01 -05 APPROVING SPECIAL An ordinance approving a special use to USE - CHIPOTLE MEXICAN GRILL, permit a Chipotle Mexican Grill at Deerfield DEERFIELD CENTRE Centre. Second Reading. Michael Tobin reported that the fences have been removed and, to his knowledge, the residents are satisfied. Also, a baffle has been installed on a light pole near Poet's Corner. Mr. Tobin said he has received no feedback on its effectiveness. Trustee Ragona indicated that the baffle makes only a nominal improvement. Mr. Tobin responded that he plans to have additional baffles installed, but the excess light may not be coming from the light poles but rather may be a result of the general increase in illumination from the required lighting for the parking lot. Trustee Rosenthal made a.motion to adopt the ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Swanson (4) NAYS: None (0) RECUSED: Heuberger (1) 1 2 OLD BUSINESS ORDINANCE RE SPECIAL USE FOR This agenda item will remain tabled. ANTENNAS WHICH EXTEND MORE THAN 20' ABOVE THE ROOF DECK, WINSTAR COMMUNICATIONS, SECOND READING, (TABLED 1/02/01) AUTHORIZATION FOR MAYOR TO SIGN Trustee Rosenthal made a motion to remove AGREEMENT RE METRA EASEMENT FOR the matter from the table. Trustee Swanson WATER TRANSMISSION LINE (HELD seconded the motion. The motion passed OVER FROM 2/05/01) unanimously. Barbara Little reported that METRA was not willing to change the language regarding easements, nor were they willing to change "reasonable" to "best efforts" in regard -to pipeline relocation efforts. Mr. Coblentz added that this is probably as good an agreement as it is possible to get from METRA and he recommended the Board's acceptance of it in its current form. After further discussion Trustee Seiden made a motion to authorize Mayor Forrest to sign the document. Trustee Rosenthal seconded the motion. The motion passed unanimously. ORDINANCE AMENDING ZONING ORDINANCE Mr. Franz reported that the Telecommunica- RE TELECOMMUNICATIONS FACILITIES ON tions Commission will not be meeting until PUBLIC PROPERTY (TABLED 1/02/01) March to discuss this issue. He suggested it remain tabled. Board members agreed. NEW BUSINESS DISCUSSION RE DEERBROOK MALL Mike McCall of Lend Lease Real Estate REDEVELOPMENT /SALES TAX SHARING Investment, Inc. (owners of Deerbrook Mall), PROPOSAL Assistant General Counsel for Sears Susan Russell, architect David Marks of Loebl Schlossman and Hackl, Traffic Engineer Tim Doran, the Village's Financial Consultant Dan Shepard, The Great Indoors (TGI) Financial Consultant Phil McKinna and others were in attendance to outline a proposal to build a The Great Indoors store at the south end of Deerbrook Mall. TGI is requesting assistance from the Village in the form of sales tax sharing. o David Marks explained that the TGI store would be approximately 135,000 square feet in size and would have below grade parking. Best Buy would become a slightly smaller store, while Sportsmart would be relocated into the center of the mall. Jewel, TJ Maxx, Bed Bath and Beyond, Office Max, the out lots to the west, and some interior tenants would.remain. The entire fagade of the center would be redone as well as the parking lot and lighting. Tim Doran reported that there was an error made in the traffic study. The actual amount of traffic projected is only about 1/3 of the amount shown in the report. Mr. Doran explained that the error happened because the total net leasable area at Deerbrook Mall, which would increase by about 73,000 square feet under the current proposal, was incorrectly calculated for the study. The report will be redone. Mr. Doran expects that the revised report will still show all of the driveways along Waukegan Road continuing to operate at an acceptable level of service. Mr. Doran proposed 3 southbound right turn lanes for the two unsignalized Waukegan Road entrances into the mall. In addition, he proposed cross access agreements between Deerbrook Mall and Lake Cook Mall. Mayor Forrest and the trustees-spent several minutes discussing various traffic problems at Deerbrook Mall now and others that TGI might generate. Susan Russell reported that TGI, a division of Sears, is a one stop home decorating and remodeling store intended for the upscale customer. There are TGI stores open currently in Dallas, Denver, and Scottsdale. The goal is to expand to 150 stores in the next four years. In Illinois, TGI stores are currently under construction in Lombard and Schaumburg. The 135,000 square foot store, built in a big box format, will create about 300 jobs, about 2/3 of them full time, with an average wage of about $10 /hour. Projected revenues are about $50,000,000 for the first year, with the following four years growth projected at 12 %, 6 %, 4% and 3 %. Ms. Russell explained that TGI stores are very expensive to build. In addition, the Deerbrook site has extra costs associated with it. These include high property taxes and compensation to Bed, Bath and Beyond due to their exclusivity clause. TGI would like to partner with the Village in a performance based sales tax rebate. Board members and the TGI representatives spent over an hour discussing various aspects of the proposal. Issues discussed included: • The TGI marketing circle is generally about 25 miles. Mayor Forrest felt this was unreasonably large for Deerfield. Also, there is not a lot of new building in this area to support TGI. Ms. Russell responded that to date all TGI stores have exceeded sales projections. • Sears would own the building and would lease the land, with 3 -4 ten year options. Mayor Forrest expressed his concern about what would happen to the building if TGI failed. It was discussed that if the TGI store were to fail, Sears would be responsible for finding a new tenant, with approval rights going to Lend Lease. Ms. Russell commented that the back up plan would be to put a full line Sears store in the space. • Mayor Forrest commented that not all of the $50,000,000 in revenues projected by TGI would be new revenues for Deerfield. Some would be from sales that would be pirated from current Deerfield enterprises. • Mayor Forrest expressed concern for Deerfield's current businesses. Mr. McCall responded that usually when there are like stores located in a given area, both benefit from increased traffic. • There is no exclusivity clause preventing Sears from opening other TGI stores in the area. • Lend Lease hopes to have TGI under construction this summer and opened by fall 2002. They hope to have the remainder of the mall improvements finished by end of 2003. • Deerbrook Mall is currently 82% leased. Once renovated, the. goal is to have it 95% leased. • Mr. McCall emphasized that Lend Lease does not have the finances-to improve Lake Cook Road and Waukegan Road, nor is that their responsibility. Mr. Franz commented that the Cook County Highway Department would be responsible for adding lanes, while IDOT would be responsible for Waukegan Road improvements. • Regarding sales tax sharing, Phil McKinna reported that the base sales tax at Deerbrook Mall has been stagnant for several years at about $950,000. TGI is 4 asking for no tax sharing up to this base. When sales taxes exceed the base, however, tax revenues would be shared on a 60%-40% basis for a maximum of 15 years or until a cap has been reached. TGI has.suggested $7.9 million as the cap, while the Village's financial consultant recommends a range of $5.5 -5.8 million. • Mayor Forrest commented that he is in favor of the tax sharing concept, but the base figure needs to be adjusted for the pirating or adjustment of sales. Mr. McKinna responded that Mayor Forrest's point is valid, but,that it is also true that the presence of TGI will bring shoppers into the Village's other businesses as well as into TGI, shoppers who would have otherwise gone to other communities. • Dan Shepard discussed his report to the Board. He indicated that in order to get the tax rebate, TGI would have to spend the approximated $25,000,.000 in capital improvements that they would be committing to. This would be used for the building shell, its furniture and fixtures, as well as the underground parking. • Ms. Russell indicated that, though it is less certain that the Sears capital committee would approve the Deerbrook site with Mr. Shepard's proposed lower sales tax sharing cap, she feels that they would. The matter is on the agenda for their March meeting. In order for the proposal to move forward, Ms. Russell needs to be able to go back to the committee with an informal agreement to the sales tax sharing as outlined in Mr. Shepard's letter. • Trustee Heuberger asked if Lend Lease is willing to commit to the retrofitting of the whole mall as a condition of the Village entering into the sales tax sharing agreement. Mr. McCall responded that that.is their intent. Mr. Shepard noted that the concept is based on the petitioner spending the agreed upon funds.. The agreement would be adjusted if those dollars are not spent. Trustees indicated a willingness to provide the petitioners with assurance that they agree in concept with Mr. Shepard's tax sharing analysis, subject to all the other issues being successfully resolved during the many hearings that would follow. Trustee Seiden commented that he is opposed to the $5.8 million rebate figure, at least until he is provided with more detail on how it was calculated. After further discussion, Mr. Coblentz suggested that the motion be to approve the concept of a sales tax rebate of up to $5.8 million over a maximum of fifteen years for the redevelopment of the Deerbrook Mall and development of the Sears TGI store per Dan Shepard's February 16th recommendation, subject to presentation and approval of a sales tax rebate agreement satisfactory to the Village. Trustee Ragona so moved. Trustee Swanson seconded the motion. The motion passed, with all trustees voting for it with the exception of Trustee Seiden. DISCUSSION RE TRAFFIC The Deerfield Crossings Association has ENFORCEMENT AGREEMENT WITH requested traffic enforcement by the . DEERFIELD CROSSINGS ASSOCIATION Deerfield Police Department. They have executed a standard agreement used by the Village with other private developments. The primary purpose of the agreement "is to enforce one way entry into the private drive at Poplar and Elm. Trustee Rosenthal made a motion to direct the Village Attorney to prepare an ordinance approving the agreement. Trustee Heuberger seconded the motion. The motion passed unanimously. 5 DISCUSSION RE PARKING AND The Deerfield Village Centre has requested TRAFFIC ENFORCEMENT AGREEMENTS traffic and parking enforcement by the WITH DEERFIELD VILLAGE CENTRE Deerfield Police Department. They have executed standard agreements used by the Village with other private developments. In addition to the provisions of the agreement, First Midwest Bank and Deerfield Village Centre have also agreed to the addition of a stop sign at the drive thru of First Midwest Bank. Trustee Ragona made a motion to direct the Village Attorney to prepare an ordinance approving the agreements, including the additional stop sign. Trustee Swanson seconded the motion. The motion passed unanimously. AUTHORIZATION TO PURCHASE The 2000 -01 budget provides $80,500 for the FOUR NEW POLICE VEHICLES UNDER purchase of three unmarked police vehicles STATE PURCHASING CONTRACT and a mini van for use by Social Services. The State contract for full size police vehicles, awarded to Bib Ridings, Inc., Springfield, is a Crown Victoria, and the State contract for mid -size police vehicles, awarded to Miles Chevrolet, Decatur, is a Chevrolet Impala. The State.contract for mini vans, also awarded to Bob Ridings, is a Dodge Caravan. the Police Department is seeking authorization to purchase the following: 2 Chevrolet Impalas from Miles Chevrolet $37,343.00 1 Ford Crown Victoria from Bob Ridings 21,725.00 1 Dodge Caravan from Bob Ridings 18,970.00 The vehicles being replaced will be sold through sealed bid, with the exception of Car #U6, which will be turned over to Building and Zoning. Trustee Heuberger made a motion to approve the purchase of the four vehicles at the quoted prices. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Heuberger, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None (0) DISCUSSION RE COST AND PHASING FOR STREETSCAPE IMPROVEMENTS approved by the Board to $1,71 engineer, landscape architect, pieces for the project. The estimated cost for Phase 1 Streetscape improvements has increased substantially from the $900,000 that was originally ),000. This amount includes the services of the and the bulk purchase of the many manufactured Trustee Seiden expressed concern that the original estimate was so far off. Trustee Rosenthal pointed out that only a small portion of the difference in amount is due to poor estimating. Some is for irrigation (which was not included in the original estimate), some is increased prices due to changes in the road lighting plan, and some is due tc other increases in the scope of the project. Also, some of the items to be purchased will be used for Phases II and III. These items, which were not included in the previous estimate, make up about half the difference in cost. In response to a question from Trustee Heuberger, George Valentine commented that this increase will not affect the Village's ability to retire the bonds at the end of the TIF period. It will A L be necessary, however, to look more closely at possible future projects. Some may need to be eliminated so that a surplus remains. After further discussion, Trustee Ragona made a motion to approve an amount not to exceed $1,710,000 for completion of Phase I Streetscape and an amount not to exceed $205,000 for Phase III Streetscape. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Heuberger, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: None (0) TRUSTEE IN THE TOWN Whole Foods from 1:00 -4:00. nT CriTC Q T(1N Trustee Seiden reported that the next Trustee In the Town will take place this Saturday at 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 11:23 P.M. APPROVED: Mayor ATTEST: 0 Village Cler 7 VILLAGE CENTER REDEVELOPMENT Progress Report February 20, 2001 Southwest Quadrant (Deerfield Square): ➢ Bath & Body Works is now open. ➢ Barnes & Noble hopes to open their 27,000 sq. ft. store by the end of March. ➢ Runway is working on.the interior buildout and hopes to open in March. ➢ Due to delays with IDOT and ComEd, the new coordinated traffic signals on Deerfield and Waukegan Roads will not be activated until inid- March. Southeast Quadrant (Deerfield Centre): ➢ Orvis, an upscale sports accessory store, is planning to locate in the 6,800 sq. ft. store at the corner of Waukegan and Deerfield Roads. Their target date to open is June 1 st. ➢ House of Style is completing its interior buildout and will open in March. South Commons: ➢ Over 70 of the 116 multi - family units under construction have been sold with several villas and rowhomes already occupied. 1 1 1