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07/16/2001July 16, 2001 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harris in the Council Chamber of the Village Hall on Monday, July 16, 2001, at 8:04 P.M. The Clerk called the roll and announced that the following were: Present: Steven Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Absent: 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 Rosenthal seconded the motion. Trustee Rosenthal commented that in the section regarding user rates for multi family scavenger service, it should be stated that the user cost of $1.95 per month is for condominiums, and that townhomes.shall be treated the same as single family homes. A motion to approve the minutes as amended passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden (4) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the June'Treasurer's Report. Sales tax received in June (March 2001 sales) is up 7% over last June (March 2000 sales). The sales tax collected so far in this fiscal year is $448,236. As of June 30, 2001, 100% of cash was invested at an average interest rate of 5.47 %, which compares with an average rate of 3.54% for the 90 -day Treasury Bill. Trustee Rosenthal made a motion to accept the Treasurer's Report. Trustee Seiden seconded the motion. The motion passed by the.following vote: AYES: Kayne, Ragona, Rosenthal, Seiden (4) NAYS: None (0) PRESENTATION OF POLICE DEPARTMENT Chief Sliozis presented a commendation to COMMENDATION TO GEOFFREY RUTHER Patrol Officer Geoffrey Ruther, who on June 13"x' used a defibrillator to save the life of a teen aged boy, Sean Morley, whose heart had stopped when he was hit in the chest by a baseball. Chief Sliozis also presented commendations to. Dr..Molnar and Dr. DuBow, who were in attendance at the baseball game and aided in saving the boy's life. Their commendations were accepted by Kathy Hughes, who was at the baseball game, saw Officer Ruther driving by, and flagged him down. Sean Morley and his parents were in attendance, as'was a representative of Adulant Technologies, manufacturer of the defibrillators, who presented a certificate of appreciation to Officer Ruther. . REPORT ON DEPARTMENTAL OBJECTIVES, Barbara Little presented the Report on PUBLIC WORKS AND ENGINEERING Departmental Objectives for Public Works and Engineering. Highlights from the report included: • The Street Department has completed many routine projects, including pavement repairs, removing snow and leaves from Village streets, and assisting with the Farmers Market, Plaza Pleasures, Family Days, and SWALCO's Hazardous Waste Collection Day. •. The Sewer Department continues to maintain and repair the sanitary and storm sewer system and this year responded to nearly 200 calls for assistance with private sewer and drainage problems. • The Wastewater Reclamation Facility continues to meet or exceed all E.P.A. guidelines. Contracts have been awarded for the replacement of the four settled sewage pumps and two sewage lift pumps at the WRF. • The Water Department continues to read, replace, rebuild, and test water meters, hydrants and water mains. They have read over 14,000 meters this year, replaced 39 meters and tested 11 meters. All 1170 Village fire hydrants have been tested and flushed. • The Garage Department maintains all Village owned equipment and motor vehicles, including administration cars, police cars, public works vehicles and a variety of heavy construction equipment, tractors, lawn maintenance equipment, pumps, generators, etc. • This year's sidewalk and curb replacement is substantially complete, and the concrete raising project is 50% complete. • The North Avenue /Waukegan Road traffic light installation is underway. • The new tollway ramps and underpass should be open for traffic by Labor Day. • The sewer lining project will begin this week. • The Mitchell Park reservoir structure is complete and backfilled. The pump . station building is 70% complete. The entire project should be completed by late fall. • Underground improvements for Phase I Streetscape modifications are substantially complete. PUBLIC COMMENT Dick Meenahan, President of the Deerfield Senior Council, asked if the Village could respond to the Park Board regarding the proposed senior center before the Park Board's monthly meeting on Thursday. Mayor Harris responded that a letter on this topic was written and signed by him today, and it will be hand delivered tomorrow to the Park Board's Rick Patinkin and to Mr. Meenahan. APPOINTMENT OF VILLAGE TRUSTEE Mayor Harris nominated Matthew J. Wylie to fill the vacant trustee position. Mayor Harris feels that Mr. Wylie, who has lived in the Village with his family for twelve years, has the intelligence and compassion to do the job. Mayor Harris commented that since Mr. Wylie is an architect, he will be a valuable asset in the redevelopment of Deerbrook'Mall. Mr. Wylie has served in many capacities since moving to Deerfield, including Congressional President of the Zion Lutheran Church. Mayor Harris noted that he has a letter from Trustee Swanson supporting the selection of Mr. Wylie. K Trustee Kayne made.a motion to confirm Matthew Wylie as trustee of the Village Board. Trustee Seiden seconded the motion. The vote was as follows: Trustee Rosenthal: Trustee Rosenthal commented that, in her opinion, there were two tiers of candidates, a top tier with experience in municipal government, and a second tier, who lacked municipal experience but who otherwise seemed to have the thoughtfulness and independence adequate to do the job. Trustee Rosenthal stated that, regrettably, none of the top tier candidates were nominated by Mayor Harris. She has been assured, however, that, although lacking experience, Mr. Wylie will act with thoughtfulness and independence. She challenged Mr. Wylie to be a fast learner and offered her assistance during the.transition process. Trustee Rosenthal's vote is Aye. Trustee Seiden: Trustee Seiden congratulated Mayor Harris on selecting a fine candidate. His vote is Aye. Trustee Kayne: Trustee Kayne stated that he is excited at the prospect of working with Mr. Wylie, whose expertise will be especially helpful in the redevelopment of Deerbrook Mall. His vote is Aye. The vote being 4 -1, the motion passed. Mr. Franz administered the oath.of office to Mr. Wylie, who then took his place with rest of the Board. REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND May 24`x' that was continued to June 14th. It RECOMMENDATION OF ARC RE PROPOSED is their recommendation that an amendment to REDEVELOPMENT OF DEERBROOK MALL - a Special Use and approval of a Preliminary LEND LEASE REAL ESTATE INVESTMENTS Development Plan to permit the proposed AND GATEWAY- FAIRVIEW, INC. redevelopment of Deerbrook Mall, including the construction of The Great Indoors store at the south end of the mall with an underground parking structure below the store, relocation of Sportmart to the center of the mall, a redesigned parking lot, a new unified mall exterior, a new landscaping plan, and a new lighting plan be approved, including the following variations and modifications: • Encroachment of the refuse screening areas for the new outlot buildings into a 50' perimeter setback. • Lot coverage of 31.4% in lieu of the maximum 30% allowed. • A variation in the number of parking spaces to allow: 3 Trustee Ragona: Trustee Ragona commented that, given Mr. Wylie's lack of municipal experience, he will not be an effective trustee. He commented that the selection process was divisive, and that not including the full Board in the interviewing and screening process was wrong. Taking action on the matter without the Board's full attendance was also wrong. Trustee Ragona's vote is Nay. Mayor Harris: Aye The vote being 4 -1, the motion passed. Mr. Franz administered the oath.of office to Mr. Wylie, who then took his place with rest of the Board. REPORTS REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND May 24`x' that was continued to June 14th. It RECOMMENDATION OF ARC RE PROPOSED is their recommendation that an amendment to REDEVELOPMENT OF DEERBROOK MALL - a Special Use and approval of a Preliminary LEND LEASE REAL ESTATE INVESTMENTS Development Plan to permit the proposed AND GATEWAY- FAIRVIEW, INC. redevelopment of Deerbrook Mall, including the construction of The Great Indoors store at the south end of the mall with an underground parking structure below the store, relocation of Sportmart to the center of the mall, a redesigned parking lot, a new unified mall exterior, a new landscaping plan, and a new lighting plan be approved, including the following variations and modifications: • Encroachment of the refuse screening areas for the new outlot buildings into a 50' perimeter setback. • Lot coverage of 31.4% in lieu of the maximum 30% allowed. • A variation in the number of parking spaces to allow: 3 1. 2,911 spaces in lieu of the required 3,814 spaces when calculated on a use by use basis (when both new outlot buildings are calculated as sit - down restaurants). 2. 2,911 spaces in lieu of the required 3,255 spaces when calculated on an all retail basis. • A variation for the size of the parking stalls to allow: 1. At grade spaces: 18' long spaces in the development in lieu of the required 19' long spaces; 8'6" wide by 18' long spaces for those areas designated employee parking on the site plan in lieu of the required 9' wide by 19' wide spaces. 2. Underground spaces: 9' wide by 18' long spaces in lieu of the required 21' long spaces for 60° angled parking; and an aisle width of 15' 4" in lieu of the required 18' aisle width for the east aisle. • Parking spaces to be within 5' of the lot line. . • Screening of.the parking area as shown on the landscape plan in lieu of the required 4' and 5' high, densely planted screens. • Sign modifications to allow: 1. Three development identification signs for Deerbrook Mall to be 89 square feet in lieu of the maximum 59 square feet. 2. A portion of the Sportmart sign to be located above the roof deck. 3. The parking directional signage on the east wall of The Great Indoors to be allowed to exceed two square feet in area. • A Text Amendment to the Zoning Ordinance to allow subsidiary exterior wall signs for Starbucks Cafe (which is proposed to be located inside The Great Indoors), and TCF Bank (which is located inside Jewel /Osco). • Approval of a Starbucks Cafe inside The Great Indoors, which includes outdoor seating and concept approval only of the.two outlots buildings along Waukegan Road. The motion passed 4 -0. The Appearance Review Commission has reviewed the exterior building components and design features of the shopping center as well as.landscaping and site treatment, along with signage,issues. The ARC finds Phase I of the redevelopment to be a great improvement. It is their recommendation that approval be given, with any outstanding items to be addressed by the Board. The vote to approve was 4 -0. Mayor Harris asked if anyone from the public wished to speak before the petitioners' presentation. Beverly Hansen, representing the Glenbrook Countryside Property Owners' Association, a subdivision located east of Deerbrook Mall, stated that having only one traffic light for the mall, that.being directly across from the entrance to the subdivision, will create a hazardous situation. She asked that a second traffic signal be considered. She also asked that consideration be given to providing a left turn bay at the intersection of Waukegan Road /Walnut Circle. Finally, Mrs. Hansen asked the developers to consider adding noise and visual barriers (landscaping) to protect the subdivision's residents from some of the impact of increased traffic. 4 Lou Dauria, 845 Central, expressed his concerns about traffic flow and parking at the mall. He suggested that the Board not rush into making a decision on the proposal, but take the time necessary to study it carefully. • o Speaking on behalf of the proposed project were: Mike McCall, a principal with Lend Lease Real Estate Investments; architect David Marks with Loebl, Schlossman & Haeckl; Patrick Kennedy, a civil engineer for V3 Consultants; Landscape Architect John Ryan; Traffic Consultant Tim Doran; and Charles Tyson of The Great Indoors. Mr. McCall reported that the redeveloped Deerbrook Mail will include The Great Indoors (with underground parking) at the south end, a new Jewel Foods at the north end, a new Sportmart, an improved Bed, Bath & Beyond, a renovated Best Buy, and a number of other compatible uses. The mall will have improved parking, improved circulation, and an improved exterior. Mr. Marks explained that the site, which is a planned unit development in the C2 outlying district, contains 47.5 acres, and was originally developed in 1970. Using a series of artist's renderings, ..Mr. Marks showed his proposal for the design of the redeveloped mall. The Great Indoors store will contain 135,000 square feet, with underground parking for over 200 cars. The interior of the mall will be greatly reduced. Two new outlots, one containing 4000 square feet and the other containing 8000 square feet, will be built along Waukegan Road. The use for these buildings is undefined at this time. There will be 287 additional parking spaces, of which 82 will be landbanked near the bowling alley. Regarding Mrs. Hansen's request for additional traffic,signals, Mr. Marks commented that since Waukegan Road is not a local highway, the developers have no control of where traffic lights are placed. If possible, they too would like to have more. traffic lights. Mr. Kennedy explained that there are a number of safety issues at Deerbrook Mall. These include a dangerous left turn out of. the easternmost exit onto Lake 'Cook Road, a confusing and difficult traffic pattern in front of the Jewel, and confusing one way and two way traffic aisles. Mr. Kennedy proposed that the easternmost exit from the parking lot onto Lake Cook Road be changed to right turn only, that a drop off lane be added in front of Jewel /Osco, that the existing narrow strips of plants in the parking lots be widened where possible to 14', and that the parking lot be striped for 90° parking, which will make it possible to have 307 (12% more) stalls. A variance on the total parking count is being requested. Mr. Ryan reported that Deerbrook currently has 169 trees, most of which will be removed, either because they are not healthy or because they are in the way of the parking lot reconfiguration. There are more than 300 trees in. the proposed plan, as well as more than 1100 shrubs, many perennials and grasses. These plants, which will for the most part be concentrated at the three major entrances along Waukegan Road, are a significant upgrade from the current landscaping. There will be an increase in green space of 2% (1/2 acre) over what currently exists. There will be no berming changes. Mr. Doran explained the procedures his firm used to determine the number of trips being made into Deerbrook Mall at the current time and to estimate the number of trips into a redeveloped mall: He reported that IDOT is currently doing studies to determine how best to handle the congestion at Lake Cook Road and Waukegan Roads., Mr. Doran explained that Waukegan Road does not meet the warrants for any more traffic signals. In 5 addition, due to the offset configuration of the intersection, there cannot be a southbound left turn onto Walnut. His firm recommends prohibiting left turns out of the easternmost Lake Cook Road exit from the mall. His firm also recommends a right turn lane into the mall at its northernmost Waukegan Road entrance. a Trustees had a number of questions and comments for the development team. Trustee Rosenthal commented that, given the great drawing power of The Great Indoors, she doubts the accuracy of the traffic count estimate. She inquired what the developer would do if IDOT doesn't make the anticipated improvements to the Lake Cook /Waukegan intersection. She also asked that another attempt be made to interconnect Deerbrook Mall with Lake Cook Plaza. Finally, she suggested that if right turns on red from Lake Cook Plaza were prohibited, it would be easier to make left turns out of Deerbrook. Trustee Kayne commented that an interconnect with the mall to the south of Deerbrook, like the interconnect with Lake Cook Mall mentioned.by Trustee Rosenthal, would improve traffic circulation. Trustee Ragona inquired about circulation in the parking lot, to which Mr. Kennedy responded that traffic bumps are to be eliminated. He added that_ an area for securing bicycles can be arranged. Trustee Rosenthal wondered if perhaps the redevelopment is too big and needs to be scaled back. After further discussion, Mayor Harris commented that the village will sponsor a public workshop in the near future to discuss the redevelopment. At that meeting, the developers should be prepared to respond to issues brought up at tonight's meeting, as well as others, including tenant mix, having a theatre in the mall, and retaining local businesses which currently have space at Deerbrook. Mr. Tyson reported on parking for The Great Indoors. Their underground lot will be 360' x.360' with parking spaces at a 60° angle. The lot will have two elevators and many handicapped parking spaces. Mayor Harris invited additional public comment. Andrew Wagner of Kuhn's Deli, a current Deerbrook Mall business, stated that he is glad the shopping center will be developed, and he hopes that the developers will be able to find a spot there for Kuhns. Kurt Sauser of Designer Kitchens & Bath, south of Deerbrook, stated his concerns about the size and scope of the redevelopment, especially parking and traffic. Klaus Brauer of the Glenbrook Countryside subdivision stated his concerns about traffic. He was also concerned that residents of his subdivision had not been notified of the redevelopment plans. Mr. McCall stated that everyone within the required notification area was notified. Mayor Harris responded that a better effort will be made to notify those who might have concerns about the project. Dr. Barry Eiden, whose practice is in the same building as Designer Kitchens & Bath, stated that left turns . out of their center are quite difficult even now. He shares the concerns of Kurt Sauser regarding additional traffic that the redeveloped Deerbrook Mall will cause. A Resident Leonard Adams commented that he feels the development is good on balance, but he agrees with previous speakers that there are traffic concerns. Given its track record, Mr. Adams also has concerns about the prospects of an enterprise owned by Sears. supports the mall redevelopment. ORDINANCE 0 -01 -25 RE USER RATES FOR MULTI FAMILY SCAVENGER SERVICE Second Reading. Resident Jack Schneiderman commented that he OLD BUSINESS An ordinance amending the Municipal Code to extend residential waste collection services to condominiums and townhomes. Mr. Franz reported that he has received no further comments since this issue was presented for First Reading. Trustee Ragona.made a motion to adopt the ordinance. Trustee Kayne seconded the motion. The motion passed by the. following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Jerry Witkowsky, President of the Coromandel Condo and Umbrella Association,.thanked the Board for passing the ordinance in a timely and respectful manner NEW BUSINESS ANALYSIS AND AWARD OF BID FOR Mrs. Little recommended that the 2001 Motor 2001 MOTOR FUEL TAX CONTRACTS Fuel Tax contracts be awarded as follows: • Concrete patching to Schroeder & Schroeder, Inc. in the amount of $32.95 /square yard for a total amount not to exceed $190,000. Trustee Ragona so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) • Inlet Reconstruction (20 inlets) to DNB Construction Company in an amount not to exceed $18,800. Trustee Ragona so moved. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) • Thermoplastic Pavement Marking to Mark It Corporation in an amount not to exceed $22,077. Trustee. Ragona so moved. Trustee Rosenthal seconded the motion. The motion passed by the following vote: 7 AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) • Bituminous Patching Mixture to Peter Baker & Son Company in the amount of $23.50 /ton for a total amount not to exceed $55,000. Trustee Ragona so moved. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden; Wylie (5) NAYS: None ( 0 ) DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden reminded residents that there will be a Trustee In the Town on Saturday, July 21 from 9:00 until noon at the Farmers Market. Trustees Seiden and Ragona will be in attendance. TEAR DOWNS Trustee Seiden expressed his concerns regarding tear downs. He would like for a task force to be set up to.study this issue. After discussion, Mayor Harris commented that he likes the idea of a,task force. It should include a staff member, a Board member, and members of the public. Trustee Ragona suggested that an ARC member and a Plan Commission member also be included. Mayor Harris agreed, adding that it should be possible to accomplish this by the next meeting. DEER LOGO After ascertaining from Mrs. Little that the Public Works Department has completed about 10% of the new street signs using larger..lettering and the deer logo, Trustee Seiden suggested.that no further signs be made until it can be learned if anyone else is using the logo. If no one else is using it, he would like to have it copyrighted. Mr. Coblentz stated his legal opinion that the Village can't trademark or copyright the sign, but suggested that a trademark attorney could be consulted for a definitive answer. Mayor Harris stated his opinion, based on his experience during the recent election, that the logo is copyrightable. He wanted to know if the Board would wish to pursue obtaining a copyright.if a special attorney agreed that the logo is copyrightable. If not, the expense of hiring an attorney to make that determination would not be justified. Trustee Seiden made a motion to find out first if the logo has already been copyrighted by someone. If it has not, he moved that the Village hire special counsel to determine if the logo can be copyrighted, and if it can be, proceed with the copyright process. After discussion, Trustee Kayne seconded the motion. AYES: Kayne, Seiden, Wylie (3) NAYS: Ragona, Rosenthal (2) PLEDGE OF ALLEGIANCE Pledge of Allegiance. The motion passed by the following vote: Trustee Kayne reported that he received correspondence from a resident concerning the Due to the lateness of this meeting, Trustee Kayne will N. 1 1 1 1 1 not discuss that issue tonight, but wanted to acknowledge receipt of the correspondence and let the sender know that it will be discussed at the next meeting. CROSSWALK AT ROBERT YORK AVENUE Trustee Ragona asked that staff or the Safety Council look into the,possibility of putting a crosswalk on Robert York Avenue just south of Deerfield Road, leading to the three new restaurants. He also asked that the stop sign by the car wash be studied to determine if*it is in'an appropriate location. RECYCLING BINS Trustee Ragona reported that he has learned that the new refuse hauler, Onyx, is charging $6 for a second recycling bin. Since recycling is to be encouraged, he suggested that a way be found for residents not to have to pay this fee. NEXT BOARD MEETING be for three weeks, on August 6th. n n.rnriDmmrmm the meeting. Trustee Ragona s The meeting was adjourned at 1 ATTEST: V. L, Vllla�e Clerk Mr. Franz reported that due to July being a three Monday month, the next meeting will not There bA no.further business to discuss, Trustee enthal made a motion to adjourn ed�the`mn. The m ion passed unanimously. P.M. 9