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09/04/2001September 4, 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 Tuesday, September 4, 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 Matthew Wylie 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 Wylie made a motion to approve the minutes of the previous meeting. Trustee Ragona seconded the motion. Trustee Rosenthal noted that on Page 6, the minutes state that Jules Beskin is a member of the Plan Commission, whereas he is actually a member of the Appearance Review Commission. A motion to approve the minutes as amended passed unanimously. PRESENTATION OF FLAGS State Representative Karen May was in attendance to present the Village with a United States flag and a State of Illinois flag, both of which have flown over the Capitol Building. PUBLIC COMMENT There was no public comment at this time. CONSENT AGENDA AN ORDINANCE RE TEXT AMENDMENT TO These three ordinances all pertain to the ZONING ORDINANCE - DRIVE THRU proposed expansion of Zengeler's Cleaners at CLEANER, AN ORDINANCE APPROVING AN 1452 Waukegan Road. All are First Readings. AMENDMENT TO A SPECIAL USE AND VARIATIONS FOR A DRIVE THRU, AND Mr. Franz noted that, in order to correct AN ORDINANCE GRANTING VARIATIONS some inconsistencies, language changes to FROM THE.ZONING ORDINANCE, ALL the ordinance regarding the Text Amendment to FOR ZENGELER'S CLEANERS AT 1452 the Zoning Ordinance will be made before WAUKEGAN ROAD Second Reading. Christopher Loobie, 1035 Hunter Court, across from Zengeler's Cleaners, expressed his concerns about traffic on Waukegan Road in the area of Zengeler's Cleaners and several other businesses. The traffic is already significant in that area, and Mr. Loobie feels that the expansion of this business and possibly of the other businesses will increase traffic even more. ORDINANCE APPROVING A SPECIAL USE An ordinance approving a Special Use to TO ESTABLISH A DUNKIN DONUTS /BASKIN establish a Dunkin Donuts /Baskin Robbins/ ROBBINS /TOGO GREAT SANWICHES Togo Great Sandwiches Restaurant with a drive RESTAURANT WITH A DRIVE -THRU WINDOW thru window at 499 Lake Cook Road in Lake AT 499 LAKE COOK ROAD IN LAKE COOK Cook Plaza. First Reading. PLAZA OLD BUSINESS ORDINANCE AUTHORIZING MAYOR TO SIGN Mr. Franz reported that the Sales Tax Sharing SALES TAX SHARING AGREEMENT RE Agreement has been under discussion since DEERBROOK MALL February 2001. Originally the amount of sales tax rebates being requested by the petitioners was.$7.9 million. That amount has been reduced to an as yet undetermined amount between $5.5 million and $5.8 million. Mr. Coblentz highlighted the terms of the agreement. These include: • Sears will construct a The Great Indoors store at the Deerbrook Mall, together with underground parking and other improvements. • The developers of the Deerbrook Mall will rehabilitate the entire property, in accordance with plans approved by the Village. • There will be no upfront contributions from the Village. Any sales tax rebate to the developers will come with the success of the project and the resulting increase in sales tax.revenues. • The Village will not share any of the sales tax revenue it currently receives from Deerbrook Mall. The Village will share any sales tax revenues above the current base amount with the developers on a 60% '(developers) /40% (Village) .basis over a maximum period of fifteen years or until the maximum payout of $5.5 million - $5.8 million has been reached, whichever comes first. • Except for the sales tax sharing, the Village has no obligation to pay any of the costs of building the TGI store or rehabilitating the remainder of the shopping center or the property. • When the TGI store is completed, the sales tax sharing agreement begins. Any revenues over the base amount would be deposited into any escrow account and would be distributed when the project as a whole was completed. The developer would be required to provide documentation that the costs were incurred and paid. It has been discussed, but is as yet undecided, that if the costs are not as high as projected, the amount of the rebate would be reduced on a pro rata basis. • If the TGI store closes during the term of the agreement, Sears is obligated to search for an acceptable retailer to take over the space. They would have two years to accomplish this. Phillip McKenna, financial consultant.to the developers, reiterated that the sales tax sharing proposal allows the Village to preserve its current income tax base. The income tax sharing is only for amounts above that base .and is therefore risk free to the Village. Mr. McKenna noted that the cost of project has increased due to changes and additions required by the Village, especially landscaping and parking lots. Operating costs will also be substantial. For those reasons he feels that the $5.8 million in sales tax sharing, rather than the $5.5 million, is justified. He noted that a number of other communities have participated in sales tax sharing agreements, and he added that in future dollars the $5.8 million is worth only about $3.5'million. Dan Shepard, financial consultant to the Village for this project, discussed the process by which the $5.5— $5.8 million figure was reached. While noting that $300,000 isn't a substantial amount in future dollars, he feels that the $5.5 million figure is adequate. A discussion followed regarding the sales tax sharing agreement. Trustee Seiden felt the.amount should be set at $5.5 million, E while Trustee Rosenthal commented that she has no problem with the $5.8 million if it is used to make needed improvements. Trustee Rosenthal and Mayor Harris questioned certain language in the agreement, and changes were agreed upon. Trustee Rosenthal also expressed her concern that the sales tax on purchases that originate in Deerfield shall always be credited to Deerfield rather than to some other TGI store. Sears attorney Susan Russell commented that this is a very complex legal issue over which Sears has little control. Larry Moss, attorney for the developer, reported that the developer is willing to accept the $5.5 million if the provision is not put into the agreement that there will be a pro rata reduction in the sales tax sharing amount if the developers are able to complete the project for less than the anticipated amount. Mayor Harris stated that this would be- acceptable so long as soft costs, such as fees to attorneys and other professionals, are not considered capital expenditures. Mr. McKenna responded that Exhibit D, which currently shows all project costs, could be further broken out to show hard costs, which would be reimbursable by the Village, and soft costs, which would not be. Lend Lease's Mike McCall commented that he expects the project to cost at least as much as projected, with more than enough reimbursable costs to reach the $5.5 million. He noted that the Development Agreement will impose additional costs for on and off -site improvements, and that that document will ensure that the project is completed as proposed. After further discussion it was understood that the amount of the sales tax sharing will be $5.5 million, and the pro rata reduction will not be part of the agreement.. This will stand as a First Reading. PUBLIC HEARING RE ANNEXATION OF Mayor Harris called to order a public hearing OF SINGLE FAMILY LOT, ORDINANCE regarding the annexation of a single family AUTHORIZING EXECUTION OF ANNEXATION lot at 1425 Carol Lane. This lot is in the AGREEMENT, AND ORDINANCE ANNEXING northwest corner of the community. The lot THE PROPERTY AT 1425 CAROL LANE to the south of it was annexed last year. homeowners in that area may be annexation. Mr. Franz commented that a group of coming before the Village at a later date seeking There was no public comment. Property owner Mark Levitt was in attendance. He agreed that the utilities will be connected at his own expense. He stated that he is satisfied with the recapture agreement. Trustee Ragona moved to close the public hearing. Trustee Rosenthal seconded the motion. The motion passed unanimously. The public hearing was closed. This will stand as a First Reading for the two ordinances. DISCUSSION RE TRADEMARK PROPOSALS Mr. Coblentz has solicited proposals from FOR DEERFIELD VILLAGE LOGO three law firms that specialize in trademark and in property issues. The selected firm would be asked to give an opinion on whether the Village's deer logo is capable of being legally protected. If so, and if the Village decided to proceed, the selected firm would aid in obtaining legal protection for the logo and would counsel the Village on how to administer and enforce the property rights that were secured. All three firms submitted proposals, which ranged in cost.from $5,000 to $20,000. 3 Trustees discussed whether or not pursuing a trademark is a worthwhile endeavor and, if so, how much should be spent. Trustee Rosenthal had concerns about how trademark status, once established, could be defended. She asked what would happen if it was discovered that some other entity already has a similar logo, and she asked what other communities have done about protecting their logo. To that question Mr..Franz responded that communities have responded in various ways. Some have chosen to register their logos and some have not. Trustee Ragona spoke in opposition to any trademarking of the logo. He questioned the Village's ownership of the artwork, stating his opinion that the Village has a license to use the artwork but does not own it. He also questioned the requirements to enforce the trademark should it be approved, saying it would be a significant burden on Village staff. Deerfield resident Larry Dondanville stated that this issue should never have been brought up. Until it was brought up by the Board, no one would have even considered taking or using the Village logo. Trustee Kayne made a motion to accept the proposal of Goldberg Kohn to look into registering the Deerfield logo. Their fee will not exceed $5,000. Trustee Wylie seconded the motion. After further discussion, the motion passed by the following vote: AYES: Kayne, Rosenthal, Seiden, Wylie (4) NAYS: Ragona (1) NEW BUSINESS DISCUSSION RE VILLAGE PARTICIPATION The Green Zone Commercial Recycling Program IN SWALCO'S GREEN ZONE COMMERCIAL is a two year pilot program that encourages RECYCLING PROGRAM commercial business districts to recycle. SWALCO analyzes the business' recycling needs, then provides collection equipment and pays for collection costs during the first year of the program. The Village would pay for the second year of the program, with businesses assuming the costs for subsequent years. It is felt that by recycling, businesses will be able to reduce the cost of refuse disposal and lengthen the life of landfills. The program is anticipated to cost the Village approximately $20,000. The Board spent several minutes discussing the Green Zone program. Mr. Franz noted that no action is required at this meeting. SWALCO is merely interested in learning whether or not the Board is interested in the idea.' Trustee Ragona noted that the $20,000 is a worst case scenario. Village costs would probably be much less than that amount. He will try to come back to the Board with a more refined estimate of the cost. ANALYSIS AND AWARD OF BID FOR Five bids were received for a 2001/2002 two 2001/2002 TWO WHEEL DRIVE LOADER/ wheel drive loader /backhoe with an optional BACKHOE 4 -wheel drive. Mrs. Little recommends acceptance of the low bid of Burris Equipment Co. for a Case 580M Turbo /Extendahoe for the base bid of $54,685, a trade -in of $15,500, and the 4 -wheel drive option of $4,960 for a total net bid of $44,145. Trustee Rosenthal so moved. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) 4 ANALYSIS AND AWARD OF BID FOR Two bids were received for the purchase of 2001/2002 4 TON ASPHALT RECLAIMER a 2001/2002 four ton asphalt reclaimer and AND STORAGE UNIT storage unit. Mrs. Little recommends acceptance of the low bid of Kasi International in an amount not to exceed $18,828.50. 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) ANALYSIS AND AWARD OF BID FOR 2001 PARKWAY TREE TRIMMING parkway trees of varying sizes. low bidder Nels J. Johnson Tree $14.00 for a Size I tree, $30.0 tree, for a.total amount not to Three bids were received for parkway tree trimming and disposal of wood. The contract calls for the trimming of approximately 1675 Mrs. Little recommends awarding the contract to Experts at the unit price bid per tree size: for a Size II tree and $43.00 for a Size III exceed the budgeted amount of $36,000. In response to a question from Trustee Rosenthal,, Mrs. Little reported that notification is given to each homeowner whose trees will be trimmed. She will check to be sure that this notification is delivered at least a week before the trees are trimmed so that the homeowner can make arrangements to use a private service if they so desire. Trustee Wylie commented that the paint used to mark the trees to be trimmed is too long lasting. Staff will look into finding a better product. Trustee Ragona made a motion to award the bid to Nels J. Johnson Tree Experts in an amount not to exceed $36,000. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION TO ACCEPT PROPOSALS In order to complete the Village streetscape FROM CIORBA GROUP AND DOUGLAS HILLS project, the north half of the downtow n FOR STREESCAPE DESIGN SERVICES, streetscape must be reconstructed to conform PHASE II (NORTH OF DEERFIELD ROAD) with the previously approved plans and concepts. The first step of this process involves the survey and inventory of existing conditions and constraints. The survey would be followed by plan preparation. Douglas Hills Associates and Ciorba Group have assisted with the development of the streetscape plan since its inception two years ago. Both parties were requested to submit written proposals for completing the survey and design for streetscape improvements on Deerfield Road. The survey and civil engineering would be performed by Ciorba Group. Their data would be provided to Douglas Hills Associates electronically, who would prepare specific drawings for all streetscape elements. Douglas Hills Associates would also coordinate the construction and contract documents for all disciplines. A total of $52,000 has been budgeted for this phase of the streetscape project. Mrs.-Little recommends acceptance of the proposal of Douglas Hills Associates in an amount not to exceed $22,600 and the proposal of Ciorba Group in an amount not to exceed $18,470. 5 Trustee Kayne so moved. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5). NAYS: None (0) AUTHORIZATION TO PURCHASE PHONE Due to unforeseen structural problems EQUIPMENT RE POLICE BUILDING requiring construction in the Police RENOVATION PROJECT Department, the Patrol Section has been.. temporarily relocated to the basement of the Fire Department. Maintaining proper and adequate communication with the Patrol Section is essential. Staff has contacted Allied Tele -Com, the Department's vendor that maintains the current phone system, concerning providing a communications link with Village Hall for the officers at the Fire Department. Allied has presented a proposal in the amount of $14,459.58 that will allow staff at the Fire Department to remain part of the Village phone system. The price includes necessary equipment and installation. An additional monthly charge of $400 - $1,200 per month would be incurred to maintain the link between the departments. When no longer needed by the Police Department, the equipment could be installed in another facility, such as Public Works, which would allow that facility to become part of the Village phone system, or it could possibly be used as a back -up /redundant system for what is presently used by the Village Hall and the Police Department. Time constraints limited the Police Department's ability to effectively seek other pricing. Trustee Seiden moved to approve Allied Tele- Com's proposal to provide phone service for the patrol officers at the Fire Department in an amount not to exceed $14,459.58, plus an additional monthly charge of '$400 - $1,200 per month to maintain the link between the departments. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Mr. Franz reported that bids for the replacement of the Police Department roof will take place on Thursday, September 6th. Since the Board is not scheduled to meet again until September 19th, and since time is of the essence, Mr. Franz recommends that a special meeting be called for September 10th or, alternatively, if the bids are within an acceptable range, the lowest responsible bidder could proceed with initial project planning, with formal action on the bid taken at the September 19th meeting. Board members felt that the special meeting would not be necessary. DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden reported that due to rain, there was limited public participation in the recent Trustee in the Town. The next Trustee in the Town will take place on September 22 °d. Trustees Swanson and Wylie will represent the Village Board. PARKING SIGNAGE In response to complaints staff has received regarding the Prime Source Center parking sign age at Deerfield Centre, Mr. Franz reported that the developer, who was also dissatisfied with the signage, has stopped erecting signs and is reevaluating how best to proceed. C SIGNAGE PLAN Trustee Rosenthal reported that it was discussed at the Streetscape Committee meeting that it might be beneficial to have signage showing people coming into town where to find various locations within the Village. The committee suggested hiring a consultant to help decide if such signage would be helpful and, if so, how to proceed. Trustee Rosenthal also commented that a way is being sought for developers to promote non - Village sponsored special events that are taking place in the Village.- Developers have also suggested that during the warm weather months they would like to be able to have outdoor carts as part of their sales area. Currently this is not a permitted use. Regarding signage, staff suggested that one of the developers working in the downtown would probably be willing to suggest a consultant, or one of the firms currently working in the Village could be approached. The cart concept would need to go before the Plan Commission. NEW OSTERMAN AVENUE SIDEWALKS In response to a question from Trustee Ragona, Mrs. Little reported that the sidewalks being put in on Osterman.Avenue between Robert York Avenue and the METRA right -of -way are part of the developer's project. Village staff is getting quotes for installing sidewalk between Elm Street and the METRA right -of -way. METRA will then add their crosswalk and install the signal arms. ADJOURNMENT There (b >Rosthal ther business to discuss, Truste made a motion to adjourn the meeting. Trustee Ragona seconded the; omotion passed unanimously. The meeting was adjourned at 1Q.; ---- M. APPRO ED ;I ATTEST: &% -4.-A-ftni Village Clerk 7 1