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08/20/2001August 20, 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, August 20, 2001, at 8:00 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 Vernon Swanson Matthew Wylie 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 August 6th Board of Trustees meeting. Trustee Kayne seconded the motion. The motion passed unanimously. Trustee Ragona made a motion to'approve the minutes of the August 6th Committee of the Whole meeting. Trustee Kayne seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the July Treasurer's Report. Sales tax received in July (April 2001 sales) is up 4.5% over last July (April 2000 sales). Sales tax collected so far this fiscal year is $699,867. As of July 31, 2001, 100% of cash was invested at an average interest rate of 5.29 %, compared to an average rate of 3.57% for the 90 =day Treasury Bill. Trustee Swanson made a motion to approve the Treasurer's Report. Trustee Ragona seconded the motion. The motion passed unanimously. REPORT ON DEPARTMENTAL OBJECTIVES, Chief Sliozis summarized the semi annual POLICE DEPARTMENT report for the Police Department. Highlights from the report included: • Renovation of the Police Department has begun, with completion anticipated in May 2002. • Staff has begun the two year process which will result in the accreditation of the Police Department. Commander Richard Weil has been appointed Accreditation. Manager. • A speed board display trailer has been purchased and is currently being used as an information gathering tool in various locations through the Village. • The E911 dispatch center staff is preparing for technology that will allow them to identify by immediate display a cellular caller's phone number and location. • Dispatcher Desiree Bernabei and Patrol Office Geoffrey Ruther were each instrumental in a successful life saving effort. • There is little change in the Statistical Summary since the last report. PUBLIC COMMENT Darryl Penn, 1228 Woodruff Avenue, reported that he is very much in favor of the redevelopment of Deerbrook Mall. He feels that it should be permitted to proceed without further delay. David Lieberman, 112 West Larkdale, expressed his concerns about traffic which will be generated by the redeveloped mall, as it is already difficult for those living in Briarwood Vista. With most of the potential property tax going to Northbrook, he is not sure that the.advantages to the Village are enough to warrant the additional traffic. Charlene Fishman, 77 Larkdale.East, also stated her Concerns about traffic if the shopping center is redeveloped. Louise Ristow, who resides in the Glenbrook Countryside subdivision, commented that the Village should consider not only the traffic generated by the Deerbrook redevelopment, but also the traffic that will be generated by an improved Cadwell Corners, a new Baskin Robbins /Togos /Dunkin Donuts,.new office buildings along Lake Cook Road, etc. Taken together, these will make traffic impossible for her subdivision and for Briarwood Vista. Andrew Wagner of Kuhn's Deli, reported that the developer has been working with him to find a good location in the mall for his business. REPORT AND RECOMMENTDATION OF PLAN Attorney Lawrence Moss, representing the COMMISSION AND REPORT AND developers, reported that his clients have RECOMMENDATION OF ARC RE PROPOSED responded in writing to all the points raised DEDEVELOPMENT OF DEERBROOK MALL - -at the last meeting by Mayor Harris. The LEND LEASE REAL ESTATE INVESTMENTS developers have agreed: AND GATEWAY- FAIRVIEW, INC. • To reduce the gross leaseable area (GLA) by about 8,000 square feet to 623,671 square feet. To accomplish this, The Great Indoors and Sportsmart both have agreed to'reduce their size. • To provide a total of 2,984 parking spaces. This gives the mall a ratio of 4.78 spaces per 1,000 square feet of GLA. The PUD has a 4.75 requirement. To accomplish this, the developers are requesting that the Village permit some out -of- the -way, parking spaces to be smaller than standard. They are also requesting mostly 90° parking spaces. • To help alleviate potential parking congestion by using only one of the two outlots for a restaurant. • To infrastructure improvements. Mr. Moss commented that the project will not work without sales tax sharing. The original request was for a capped amount of $7.9 million. Using a 60% (developer) /40% (Village) split, the number proposed is now $5.8 million or fifteen years, whichever comes first. Mr. Moss emphasized K that timing is critical. Sears must begin their project by June in order to open by their projected date. In response to a question from Trustee Rosenthal, Mr. Marks reported that current lot coverage at Deerbrook is 28.75 %, with the previous proposal it was 31.80 %, and under the revised proposal it is 31.43 %. In response to a question from Trustee Kayne, Mr. McCall responded that _there will be a full time project manager for the redevelopment. Trustee Kayne commented that he appreciates the negotiations and concessions made by the petitioners. He commented that the interconnections with the other malls is very important and must be pursued. Traffic consultant Tim Doran reported that the projected trip rate is 250 per hour over what was authorized in 1986. To improve traffic congestion, the developers have agreed to infrastructure improvements including, most recently, a dual left turn lane from the center onto Waukegan Road. Trustee Seiden reported he still has not received some of the financial information he requested. He will not agree to more than $5.5 million in-sales tax sharing without seeing that information. Also, traffic is still a concern for him, as is parking. Most of the comments made to him by residents have been about angled parking. Trustee Seiden would prefer 60° parking, even if it means there will be fewer parking spots. Trustee Ragona commented that Deerbrook needs to be revitalized, and the time is now. He remarked that some businesses that could potentially come into the mall would have higher impact on traffic than The Great Indoors, without providing nearly as much sales tax revenue. Though acknowledging the potential traffic and parking problems, Trustee Swanson and Trustee Rosenthal each expressed support of the developer's plan. Mayor Harris inquired about the status of the move of Kuhn's from its current location in the mall to a different one. Andrew Wagner stated that he has signed a letter of intent and is satisfied with the agreement he and the developer have reached. Mayor Harris asked whether the renovation of the Jewel grocery store would be accomplished by.closing for a time or would be done piecemeal. Mr. McCall stated that Jewel's preference is to close after the start of the year for a period of about five months, then open in a totally remodeled condition. Trustee Rosenthal commented that during the remodeling the Village could subsidize trips to the Highland Park Jewel for its senior citizens. Mayor Harris remarked that the developer, rather than the Village, could perhaps be prevailed upon to provide this funding'. Mayor Harris agreed with Trustee Seiden that the issue most raised by residents regarding the redevelopment is parking. He asked what the response would be from the developers should the Board agree to relax its standards regarding the number of parking spaces in exchange for angled parking in all but the employee parking portions of the lot. Mr. McCall indicated that this step would decrease the number of spaces by 307. Chet Wolan of Sears commented that lowering the parking ratio jeopardizes the project and in 3 his opinion would be unacceptable to Sears. Mid America's Dick Spinell agreed that 600 parking would be unacceptable to TGI. Mayor Harris suggested that a trustee make a motion to accept the Plan Commission and ARC reports regarding the preliminary redevelopment plan for Deerbrook Mall, with the modifications agreed to in the petitioners' letter of 8/14/01 and also subject to changing the.parking lot to angled spaces except for employee parking spaces. Trustee Seiden so moved. Trustee Kayne seconded the motion. Resident Pat Jester commented that angled parking isn't necessary if the 90° spaces are big enough, as they are at the Jewel in Highland Park. A number of possible parking options were discussed. Mr..McCall stated that the compromise he favors would have 90° parking in a 62' bay with a 24' aisle and 19' spaces. This plan would.result in a loss of 135 spaces. The landscaping plan would be as it had been originally proposed, which is about 2% over the amount that currently exists. Trustee Ragona made a motion to amend Trustee Seiden's motion. The new motion accepts the Plan Commission and ARC reports, with the modifications agreed to in the petitioners' letter of 8/14/01, and changes the parking throughout the mall to the 90° plan with a 62' bay as proposed by the developer. Trustee Rosenthal seconded the motion. On the motion to amend, the vote was as follows: AYES: Ragona, Rosenthal, Swanson (3) NAYS: Kayne, Seiden, Wylie (3) The vote being tied; Mayor Harris cast the tie breaking vote. Mayor Harris voted Aye. The vote to amend the motion therefore passed. The vote on the amended motion was as follows: AYES: Ragona, Rosenthal, Swanson (3) NAYS: Kayne, Seiden, Wylie (3) The vote again being tied, Mayor Harris cast the tie breaking vote. Mayor Harris voted Aye. The motion therefore passed. Trustee Rosenthal asked staff to look into the steps the Village would need to take in order to prohibit right turns on.red from Lake Cook Plaza. Mr. Franz remarked that the sales tax sharing agreement will be on the agenda of the next meeting. At 10:00 P.M. Mayor Harris called for a brief recess. The meeting was recalled to order at 10:07 P.M. 4 REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR AMENDMENT June 14th. It is their recommendation that OF A SPECIAL USE FOR A DRIVE THRU Zengeler's Cleaners' request for an amendment CLEANER AND A TEXT AMENDMENT TO THE to their Special Use to permit renovations to ZONING ORDINANCE, AND REPORT AND their store at 1452 Waukegan Road, and a Text RECOMMENDATION OF BZA RE REQUEST Amendment to allow a dry cleaners larger than FOR VARIATIONS - ZENGELER'S 2,000 square feet in area in the C -2 outlying CLEANERS, 1452 WAUKEGAN ROAD commercial district be approved. The vote was 4 -0. The Board of Zoning Appeals held a public hearing on July 17th to consider the request of Zengeler's Cleaners for five variations for the 1452 Waukegan Road site. The variations would permit the construction of two additions, one extending the face of the building eastward approximately 20' and another extending the rear of the building westward approximately 131. The variations would also permit the reconstruction and reconfiguration of the - parking lot. On a vote to approve the variations, the vote was-3-3. Therefore, the BZA fails to recommend that the variations be granted. Mr. Coblentz commented that in order for the Board of Trustees to approve this request without the recommendation of the Board of Zoning Appeals, four positive votes from the trustees are required. Tom Zengeler and his architect were in attendance to respond to questions from the Board. BZA.Chairman Robert Speckmann and Building & Code Enforcement Supervisor Clint Case were also in attendance. Mr. Zengeler reported that he has obtained a three year renewable contract from METRA permitting the rear parking. He has also obtained approval from iDOT for one of the parking spaces to be in IDOT right -of -way. Trustee Rosenthal explained that the building, which was on the property before the enactment of the most recent zoning ordinance, was made non - conforming by that zoning ordinance. The changes that Zengeler's is requesting do not increase the non - conformity. 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. Trustee Seiden seconded the motion. to Zengeler's Cleaners is commercial establishments area. This issue needs t, made. Mr'. Case commented this location. Trustee Swanson commented that the entrance confusing due to there being signage for several close together. There have been accidents in this D be studied by staff to see what improvements might be that there have been eight accidents in six years-at The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Trustee Ragona made a motion to approve the zoning variations requested by the petitioner. Trustee Seiden seconded the motion. Mr. Franz noted that the BZA had added four stipulations for granting the petitioner's request. Board members agreed that adherence to these stipulations is part of the motion. 5 1 1 P In response to a question from Trustee Seiden regarding reasons that the BZA failed to recommend permitting the variations, Mr. Speckmann reported that the members voting against'it were more concerned about safety issues than they were about the variances requested. In response to a question from Trustee Kayne regarding lighting, the petitioner reported that the neon lights have been removed. His architect reported that the light poles have been shortened and other changes made so that there is no spillover to neighboring properties. He added that the parking lot lights are turned off at the end of the business day. Trustee Wylie asked about having thirteen parking spots as shown in the drawing trustees received vs. having fourteen parking spots as approved in the Plan Commission report. Mrs. Houpt explained that the plan voted on by the Plan Commission had fourteen spaces. Subsequently, the Plan Commission recommended removing one space to improve traffic circulation. There was discussion that the request should be referred back to the BZA so that they can consider a variation for a reduction of one parking space. Mr. Zengeler responded that thirteen spaces or fourteen spaces is not an issue for him as most of his business is drive through. He has enough room for fourteen spaces. It was decided that Mr. Zengeler may proceed with the parking lot improvements, including fourteen spaces. If it. becomes clear that eliminating a space would improve traffic circulation, he can come back to the Village and request a variation. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR APPROVAL OF A SPECIAL USE TO ESTABLISH A DUNKIN DONUTS /BASKIN ROBBINS /TOGO GREAT SANDWICHES RESTAURANT WITH A DRIVE THRU WINDOW AT 499 LAKE COOK ROAD - LAKE COOK PLAZA approved. The motion passed 4 -1. The Plan Commission held a public hearing on July 12th that Was continued to July 26th. It is their recommendation that the request of Dunkin Donuts /Baskin Robbins /Togo's Restau- rant for a Special Use to permit a restaurant with a drive -thru, including the necessary sign modifications, at 499 Lake Cook Road in the Lake Cook Plaza Shopping Center be Jules Beskin, appearing as a resident rather than as an Appearance Review Commission member, .stated his opposition to the proposed use because of their intent.to be open 24 hours a day. He feels there is no justification for a fast food restaurant to be open 24 hours a day. Mr. Beskin distributed a chart showing the closing times of other fast food restaurants in Deerfield and in some neighboring communities. Architect James Fraser explained that having three different businesses together allows the owner to have customers at differing times of day — donuts in the morning,.sandwiches in the.afternoon, and ice cream in the evening. The proposal calls for one -way circulation of traffic and 60° parking. The petitioners plan to use the existing drive -thru canopy but add a second window. They propose to remove the fencing at the south east end of the building and replace it with concrete block painted to match the building. A concrete trash enclosure is also proposed and will be painted to match the building. A cooler will be added at the south end of the building. Some windows 6 will be filled in and the front door will be moved. Painted accent bands of plum and green, which are Dunkin Donuts colors, are proposed for.the building. Proposed signage would feature the names and corporate colors of all three businesses. Trustee Rosenthal inquired if the business could succeed without a drive thru. Mr. Fraser responded that about 85% of their business uses the drive -thru. Trustee Kayne inquired about the placement of the handicapped parking spots, and Mr. Fraser explained the rationale for their proposal.. James Pielet, franchisee of the businesses and also owner of the Highland Park Dunkin Donuts, commented that he could find no ordinances in Deerfield stating that.a business cannot be open 24- hours. He noted that the bowling alley is open until 1:00 A.M. He commented that, unless he can-get it waived, being open 24 -hours is a requirement of Dunkin Donuts. Mr. Pielet added that having a drive -thru is also a requirement by Dunkin Donuts unless the site makes it impossible. Trustee Rosenthal expressed her concerns about having another drive -thru in Deerfield, adding that she will not vote for the proposal for that reason. Being open 24 hours is also a concern for her. Trustee Swanson commented that, like Trustee Rosenthal, he will not vote for the proposal. He feels the proposed business would not be an amenity for the Village. He agreed with Trustee Rosenthal that being open 24 hours would be a concern. He added that the business would add to the traffic on Lake Cook Road during peak traffic hours. He commented that the proposed signage is numerous, multi - colored and busy. Trustee Wylie commented that, like Trustee Swanson, he has problems with the quantity of signage, which is substantially more than permitted. It would also help to reorient the signage so as to minimize its visual impact from Lake Cook Road. Trustee Wylie commented that combining the ingress and egress into one curb cut might be an improvement. Regarding signage, Mr. Fraser responded that the wall sign is already conforming. Of the ground signs requested, two will replace signs.that are currently on the site, and the third is a directional sign. He feels the entrance and exit signs are mandatory for safe traffic flow on the site. In response to an earlier comment from Trustee Swanson about traffic, Mr. Fraser commented that he.feels most of the patrons of this business will be people who are already on Lake Cook Road and decide to-stop in for coffee or a donut en route to their designation. Trustee Kayne commented that having a place for the bowling alley patrons to get coffee on their way home would be a good reason to allow the-Dunkin Donuts to have late hours. Trustee Ragona asked Lake Cook Mall's Don Parker about the possibility of connecting with Deerbrook Mall. Mr. Parker stated his opposition to the connection and gave numerous reasons for taking this position. Traffic consultant Dave Angelakis compared projected traffic for the proposed business with traffic formerly generated by the bank that was on the site. His study shows that the new use will produce less traffic during peak hours than the bank produced. Most traffic from the proposed use will occur when the other businesses at Lake Cook Plaza are closed. 7 Trustee Rosenthal asked how many cars will be able to stack. Mr. Fraser responded that there is room for at least seven cars, but experience has shown that the line will never get that long. People on their way to work will not wait more than a minute or so for coffee and a donut. Trustee Ragona commented that the signage seems excessive, but the numerous colors on the building and the signs are not a concern for him because that issue will be taken on by the Appearance Review Commission. He agrees with the petitioner that traffic from the business will not.have much of an impact. He prefers that the business not be a 24 -hour operation. He wondered if it will attract groups of teenagers late at night. Chief Sliozis responded that Deerfield`s curfew would preclude this from happening. He speculated that most of the people who would frequent Dunkin Donuts late at night would be late night workers taking a break or other "regulars" who stop in every night for coffee and camaraderie. Mayor Harris asked Mr. Pielet what the impact of his business would be on the Waukegan Road Baskin Robbins. Mr. Pielet responded that it will remain open, and he anticipates his operation will have little impact on it. Trustee Seiden made a motion to accept the report and recommendation of the Plan Commission, with the exceptions that the signage shall be reduced to conform to Village code and the hours will be reduced so that the business is closed from 11:00 P.M. until 5:00 A.M. Trustee Wylie seconded the motion. The petitioner commented that opening at 5:00 A.M. is somewhat restrictive as he gets delivery of donuts at 4:00 A.M. The closing time is quite restrictive. He reminded the Board that the bowling alley remains open until 1:00 A.M. Trustee Ragona suggested changing the motion to permit the franchise to open at'4 :00 A.M. Trustee Seiden agreed to this change. Mr. Parker stated that it is inconsistent and unfair to allow the bowling alley to be open until 1:.00 A.M. but require the donut shop to close at 11:00 P.M. 0 Trustee Kayne stated that being open 24 hours is acceptable to him. He moved to amend the motion on the floor to allow the business.to remain open 24 hours. No one seconded the motion. The petitioner stated that an 11:00 P.M. close will not.be acceptable to him or to Dunkin Donuts. He feels he will be able to get them to accept a 1:00 A.M. closing. Trustee Ragona made a motion to amend the motion on the floor by changing the closing time to 1:00 A.M. The amended motion would therefore be to accept the Report and Recommendation of the Plan Commission with the exception that the signage shall conform to Village ordinance and also with the exception that the business will be closed from.1:00 A.M. until 4:00 A.M. Trustee Wylie seconded the motion. The vote on the motion to amend the motion was as follows: AYES: Kayne, Ragona, Wylie (3) NAYS: Rosenthal, Seiden, Swanson (3) The vote being tied, Mayor Harris cast the tie breaking vote. His vote was Aye. The motion to amend therefore passed. The motion to adopt the amended motion then passed, and the Village Attorney will prepare an ordinance. The vote was as follows: AYES: Kayne, Ragona, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) OLD BUSINESS ORDINANCE 0 -01 -26 INCREASING NUMBER An ordinance increasing the number of Class E OF CLASS E LIQUOR LICENSES FROM 16 liquor licenses from 16 to 17 for Hi Ricky's TO 17 - HI RICKY'S Restaurant. Second Reading. Trustee Kayne moved to adopt the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) nTQ(1TTQCTnM TRUSTEE.IN THE TOWN Trustee_Seiden reported that there will be a Trustee in the Town this Saturday at the Farmers Market. He and Mayor Harris will be in attendance. TEAR DOWN TASK FORCE Mayor Harris announced the following appointments from the public at large to the Tear Down Task Force: Rick Johnstone, Renee Karon, Herb Neil, Janis Shaw and Barbara Struthers. Tom Roth of the Deerfield Historical Society will serve on an as- needed basis. LINDEMANN•PHARMACY TO CLOSE Mayor Harris expressed his sadness and that of the Board at the upcoming closing of longtime Village business, Lindemann Pharmacy. He clarified that the Village played no part in the closing of the business. CHANGE IN MEETING DATES Mr. Franz commented that due to the Labor Day holiday, the first September Board meeting will take place on Tuesday, September 4th. Due to Rosh Hashanah, the second Board meeting in September will be held on Wednesday, September 19th. Mr. Franz also reported that there has been little response regarding the possibility of changing the starting time of the Board meetings from 8:00 P.M. until 7:30 P.M. Mayor Harris suggested making the change to the earlier time starting in October. EXECUTIVE SESSION Trustee Ragona so moved. by the following vote: Mayor Harris asked for a motion to go into Executive Session to discuss litigation. Trustee Wylie seconded the motion. The motion passed E 1 1 1 1 APPROVED: ATTEST: 10 AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ADJOURNMENT There being no further business to discuss, Trustee Rosen t al made a motion to adjourn the meeting. Trustee Kayne seconded the motion. he motion passed unanimously. The meeting was adjourned at 11:50 P.M. 1 1 APPROVED: ATTEST: 10