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07/05/1983213 and that a quorum was present and in attendance. Also present were Assistant Village Manager Marjorie Emery and Village Attorney James K. Stucko. Trustee Seidman moved, seconded by Trustee York, to approve the minutes of June 20, 1983 as presented. Motion carried unanimously. POLICE OFFICER THOMAS SHEAHAN Mayor Forrest announced that Officer Sheahan, DEPARTMENTAL COMMENDATION while carrying out an assignment in Northfield, had observed a Deerfield resident who had previously been convicted of various narcotic violations and for whom there was a warrant calling for his arrest.. He therefore stopped the man and initiated his arrest. A search of his belongings at the Deerfield Police Station revealed a quantity of cocaine in a zippered bag. as well as cash in excess of $67,000 in $100 and $1,000 bills. As a result of this arrest,.the man was charged with Narcotics Racketeering, Possession of Cocaine and Disorderly'Conduct. Because of this outstanding arrest, Officer Sheahan was presented with a certificate of Departmental Commendation and a round of applause by all present. KENNEDY DEVELOPMENT PROPOSAL Assistant Manager Emery stated that, on a vote PROPOSED REZONING (R -2 to R -3) of 6 -1, the Plan Commission had recommended PLAN COMMISSION REPORT /RECOMMN. that the preliminary plat and rezoning of the tract commonly known as the "Blietz" property be approved, subject to the following: 1).Those lots which which will abut ex- isting R -2 residentiallly improved lots must be 12,000 square feet in area and must have the minimum rear yard as required in an R -2 District, 2) The peti- tioners will submit landscaping renderings and renderings of the types of houses which will be built in the development, 3) Those variations which will be necessary to accomplish the modified plan should be approved, 4) The rezoning shall be granted in such a way that the development of the property can only be made in accordance with the plat of Subdivision which would be part of the ordinance rezoning the property, and 5) The redesign of the plat so as to provide emergency access areas of right -of -way width (dedicated) wherever the Fire and Police Departments deem them most appropriate and developed in such a manner so as to deter use by regular traffic. Thereafter, Plan Commissioner Joseph Koss read his minoriti report in which he stated that he found the Kennedy proposal generally acceptable except for the transportation plan. He submitted that 1) past and present Comprehensive Plans intended some manner of Carlisle Avenues connection, 2) that while residents of the area would rather not consider that fact or the recommendations of the Fire and Police Departments, public safety requires consideration of more than one access, and 3) special street planning provisions in the Comprehensive Plan should be utilized. He went on to state, "The streets in this area should be planned to.allow move- ment between this area and Briarwood Vista, King's Cove, Colony Point and Briar - wood Country Club (if ever developed). Several connections make it less likely that one street will have to absorb an inordinate amount of locally generated traffic.. However, the street design should be such that through- traffic from outside the quadrant is discouraged, specifically that generated by Northbrook Court: To that end, special street design, one way strets, limited turns and similar techniques may be employed." Mayor Forrest read a statement he had sent to Board members and made available to the homeowners' associations of Colony Point and Briarwood Vista wherein he stated that the proposed development meets all of,the criteria set down in the Comprehensive Plan. He felt, however, that special street planning to consider access points to allow movement between this.and other areas needed further study. (Statement attached and made part of the minutes). To this end, he proposed the July 5, 1983 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by-the Mayor in the Wilmot Junior High School auditorium on Tuesday, July 5, 1983 at 8:02 P.M. The Clerk called the roll and the following were Present: Bernard Forrest, Mayor Jerold L. Heisler Stephen 0. Jackson Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: Cynthia J. Marty and that a quorum was present and in attendance. Also present were Assistant Village Manager Marjorie Emery and Village Attorney James K. Stucko. Trustee Seidman moved, seconded by Trustee York, to approve the minutes of June 20, 1983 as presented. Motion carried unanimously. POLICE OFFICER THOMAS SHEAHAN Mayor Forrest announced that Officer Sheahan, DEPARTMENTAL COMMENDATION while carrying out an assignment in Northfield, had observed a Deerfield resident who had previously been convicted of various narcotic violations and for whom there was a warrant calling for his arrest.. He therefore stopped the man and initiated his arrest. A search of his belongings at the Deerfield Police Station revealed a quantity of cocaine in a zippered bag. as well as cash in excess of $67,000 in $100 and $1,000 bills. As a result of this arrest,.the man was charged with Narcotics Racketeering, Possession of Cocaine and Disorderly'Conduct. Because of this outstanding arrest, Officer Sheahan was presented with a certificate of Departmental Commendation and a round of applause by all present. KENNEDY DEVELOPMENT PROPOSAL Assistant Manager Emery stated that, on a vote PROPOSED REZONING (R -2 to R -3) of 6 -1, the Plan Commission had recommended PLAN COMMISSION REPORT /RECOMMN. that the preliminary plat and rezoning of the tract commonly known as the "Blietz" property be approved, subject to the following: 1).Those lots which which will abut ex- isting R -2 residentiallly improved lots must be 12,000 square feet in area and must have the minimum rear yard as required in an R -2 District, 2) The peti- tioners will submit landscaping renderings and renderings of the types of houses which will be built in the development, 3) Those variations which will be necessary to accomplish the modified plan should be approved, 4) The rezoning shall be granted in such a way that the development of the property can only be made in accordance with the plat of Subdivision which would be part of the ordinance rezoning the property, and 5) The redesign of the plat so as to provide emergency access areas of right -of -way width (dedicated) wherever the Fire and Police Departments deem them most appropriate and developed in such a manner so as to deter use by regular traffic. Thereafter, Plan Commissioner Joseph Koss read his minoriti report in which he stated that he found the Kennedy proposal generally acceptable except for the transportation plan. He submitted that 1) past and present Comprehensive Plans intended some manner of Carlisle Avenues connection, 2) that while residents of the area would rather not consider that fact or the recommendations of the Fire and Police Departments, public safety requires consideration of more than one access, and 3) special street planning provisions in the Comprehensive Plan should be utilized. He went on to state, "The streets in this area should be planned to.allow move- ment between this area and Briarwood Vista, King's Cove, Colony Point and Briar - wood Country Club (if ever developed). Several connections make it less likely that one street will have to absorb an inordinate amount of locally generated traffic.. However, the street design should be such that through- traffic from outside the quadrant is discouraged, specifically that generated by Northbrook Court: To that end, special street design, one way strets, limited turns and similar techniques may be employed." Mayor Forrest read a statement he had sent to Board members and made available to the homeowners' associations of Colony Point and Briarwood Vista wherein he stated that the proposed development meets all of,the criteria set down in the Comprehensive Plan. He felt, however, that special street planning to consider access points to allow movement between this.and other areas needed further study. (Statement attached and made part of the minutes). To this end, he proposed the 214 , formation of an Advisory Task Force ".to examine carefully.possible street open- ings and closings and possible connections to and from the proposed development ..eliminating from consideration any possible traffic pattern which would route excessive traffic through existing residential areas." / Accordingly, Trustee Seidman moved, seconded by Trustee Heisler, to approve the 'formation of an Advisory Task Force. Motion carried unanimously. Mayor Forrest stated that he wished to appoint the following residents to the Advisory Task Force: Larry Dondanville and.Matthew Sielski-,-.both Past.Interna tional Presidents of the Institute of Transportation Planners with years of experience on major transportation projects; Harriet Rosenthal, Plan Commission Chairman; Gene Berkowitz, Safety Council Chairman; Harvey Koloms, Briarwood Vista Homeowners Association; Thomas Cronin, Colony Point Homeowners Association; Robert Benton, NORTRAN; William Theis, Colony Point resident, former member of Plan Commission; Stephen Jackson, Village Trustee. Trustee Heisler moved, seconded by Trustee York, to approve Mayor Forrest's recommendations. Motion carried unanimously. Trustee Swanson noted that since access points were yet to be decided upon, item number 5 of the Plan Commission report should be deleted. At Mayor Forrest's request, Attorney Stucko outlined procedures which the Board could take while reserving street access points for future and final determina- tion. Attorney Stucko advised that rezoning of the R -2 portion to R -3, con- tingent on the approval of the revised preliminary plat, could be followed by construction and.building.-on only'Phase I (70.lots, according to Mr. Kennedy) which would not affect access areas:being considered by the Advisory Task Force. M Mr. Arthur Rollin,.635 Carlisle Avenue, representing a number of residents pre- sent, stated that they wished to see the Kennedy subdivision approved, but they were.totally and unreservedly opposed to any "cut throughs ". He submitted that 10 -12 foot passageways,reserved for emergency vehicles only, would provide for safety without increasing traffic.. He noted that Colony Point, Kings Cove, and Brierhill Road had had only one access for many years. He stated that a planner they had consulted was of the opinion that "cut throughs" would have a disastrous impact. Stating that since Mr. Kennedy was willing to develop with only one access point, he thought the Board should accept and act upon the Plan Commission recommendations. Mr. William Warnock, representing residents of Colony Point and Briarwood Vista, questioned approval of the entire preliminary plat before the Task Force makes its report. He favored approval of a preliminary plat for Phase I only. Mr. Harvey Koloms, President of the Homeowners Association of Briarwood Vista, concurred with Mr. Rollin's views and took issue with Mayor Forrest's position that the Board's "major responsibility is to arrive at a decision that is in the best interest of the entire community." Mr. Koloms submitted that only the interest of the three subdivisions should be considered, and that interests, of any other residents should not carry any weight. He requested that the Board accept and consider any minority report rendered by a Task Force member. (Mayor Forrest assured him such would be the case). He further requested that the recommendations of the Task Force be submitted as an advisory referendum to all residents of Colony Point and Briarwood Vista. Mayor Forrest advised him that the Task Force will hold meetings with both homeowners associations to get their expressions before submitting its recommendation to the Board. Mr. Michael Delaney; Park District Commissioner, spoke at length registering con- cern for the Briarwood Nature Preserve Area which adjoins the Kennedy tract on the east. He stated that the Preserve would be adversely affected!'and requested that the eastern part of the proposed development be delayed until a study could be made of the hydrology of the area.. He read excerpts from a report prepared by Dr. Wayne Schennum of the Nature Conservancy. He recommended: 1) acquisition of about one -third of the proposed development for additional Preserve area, 2) preserving as many trees as possible in the development, 3) snow fencing along the boundaries of the Preserve to restrict construction activities, and 4) a 35 -foot buffer strip between the preserve and the development. Mayor.Forrest advised Mr. Delaney that in 1978, the Village had spent considerable time and effort reviewing the Comprehensive Plan and agreed to support the Park District in whatever property it chose to acquire in the "Blietz" area at that time. When the acreage was finally acquired, Village support was completed. He went on to state that he found it incredible that the Park Board had appeared at this time requesting such support. He added that Mr. Kennedy had 1) started r To:' Board of Trustees From: Mayor Bernard Forest Date: June 24, 1983 Subject: KENNEDY DEVELOPMENT As we are all aware, land use decisions are the most difficult issues to come before an elected body. The long range implications of our planning decisions should be - in fact, must be - an essential element in any final decision relating to proposed developments. ThisBoard has always made decisions with citizen' input encouraged -- but it has. never lost sight of the importance of such decisions on the total community, and there has never been a development approved which has lowered the property values of surrounding home owners. I have given considerable thought to the proposed Kennedy development and, specifi- cally, to the street connection issue that has caused several objections from adjacent property owners. While we must and should take into consideration the residents' position on street connections, our major responsibility is to arrive at a decision that will be in the best interest of the entire community. 1. Limited Use - This will be a single family development, the most desirable use for this property 2. Low Density 3. Consistent with the nature and scale of the site, preserving trees and greenery 4. Special street planning to allow movement between this and other areas 5. Access to the Briarwood Park - They plan pedestrian and bicycle paths 6. Special consideration for the drainage The proposed development has taken all of these factors into consideration and addresses them in a manner that is most beneficial to the Village and also to sur- rounding property owners. The major item of contention is #4, and, in my opinion, this requires further study. It is my suggestion that we approve the development,`as recommended by the Plan Com- mission, except for the final decision on possible'street connections to adjacent subdivision. As a condition of the approval, the developer should agree to provide the right -of -way at all potential points of connection and place in escrow the funds. which would have been spent to connect at least two of these streets. 1` -a It is extremely important that we do not abandon the Comprehensive Plan for the area, which includes connecting roadways between the three subdivisions, unless there are very substantial reasons for doing so.. We have a responsibility both to the present and future home owners in esthetics, while approving the area the use to maintain safety, protect property for this property - which can not remain values and vacant. In my opinion, we can not emphasize too strongly the importance of this develop ment F since it meets all of the criteria set down in our Comprehensive Plan. That is: 1. Limited Use - This will be a single family development, the most desirable use for this property 2. Low Density 3. Consistent with the nature and scale of the site, preserving trees and greenery 4. Special street planning to allow movement between this and other areas 5. Access to the Briarwood Park - They plan pedestrian and bicycle paths 6. Special consideration for the drainage The proposed development has taken all of these factors into consideration and addresses them in a manner that is most beneficial to the Village and also to sur- rounding property owners. The major item of contention is #4, and, in my opinion, this requires further study. It is my suggestion that we approve the development,`as recommended by the Plan Com- mission, except for the final decision on possible'street connections to adjacent subdivision. As a condition of the approval, the developer should agree to provide the right -of -way at all potential points of connection and place in escrow the funds. which would have been spent to connect at least two of these streets. 1` -a 1 Board of Trustees -2- June 24, 1983 I propose that we appoint an Advisory Task Force to study the situation and to make recommendations as to a resolution of the problem, with their recommendations to be presented to us for consideration no later than , 1983. I also propose that the Advisory Task Force retain an independent traffic consultant (perhaps Paul Box Associates) to work along with them. I would recommend that we appoint indivi- duals to serve on the Advisory Task Force to include representatives for the home- owners' groups, the Safety Council, and the Plan Commission. It.will be at least December before any of the residences are ready for occupancy and that will provide more .than ample time for the Advisory Task Force to resolve the various objections raised by the homeowners in the area. The objective of this Advisory Task Force will be to examine carefully possible street openings and closings and possible connections'to and from the proposed development, as well as Briarwood Vista and Colony Point, eliminating from considera- tion any possible traffic pattern which would route excessive traffic through the existing residential areas. After study - and prior to making its final recommendation to the Board of Trustees - the Advisory Task Force will hold meetings with the homeowners' associations of Briarwood Vista and Colony Point to discuss the recommendation. The Board will then consider the recommendation of the Advisory Task Force and act upon that recommendation at our next regularly scheduled meeting. I do not believe that such a procedure would in any way abrogate the responsibilities of the elected officials. Rather, I believe that by following this course of action, we would benefit from the expertise of an Advisory Task Force composed of residents who would represent those areas most affected by the Kennedy Development. I am con- fident that we can appoint residents who are knowledgeable and reasonable and who would be willing to devote time and effort in assisting the.Board to find acceptable solutions to the street connection question. While it is true that this is.a unique approach, it is equally true that this is a unique situation. BERNARD FORREST Mayor -215 talking informally with the Plan Commission and Village Staff on March 1, 2) had talked with the Lake County EPA.on April 1, and 3) met with the Park Board, specifically with the assistant administrator, on April 7 to discuss Park District wishes. He stated that he felt the Park District.should negotiate with Mr. Ken- nedy and that the Village can not afford to delay its decision based on Park District needs. The Waukegan Road portion will be developed first and this procedure may fit into Park District plans. Mr. Rollin asked if the Park District had the money to acquire the land. He stated that while he favored increase of the size of the Preserve, he feared delay would cause Mr. Kennedy to abandon his plan to develop thereby leaving the door open to less desirable development. Mr. David Fox., Park District Commissioner, stated that the Park Board's sole interest was protection of the Nature Preserve. He added that there was evidence leading him to believe that the Preserve, would cease to exist if. the development proceeds. / Trustee Swanson moved, seconded by Trustee York, to accept the recommendation of the Plan Commission, with the exception of item number 5, and direct the attorney to prepare an ordinance rezoning the R -2 portion of the tract to R -3, contingent upon the approval of the revised preliminary plat of subdivision. Motion carried unanimously. Attorney Stucko stated that the preliminary plat will not�be"before the Board until the ordinance is presented at.the next Board meeting. The preliminary plat will appropriately cover the entire tract, but no final plat will be before the Board until the issue of the.access points has been resolved by the Task Force and the Board of Trustees. Mr. William Warnock again asked that the preliminary plat approval be limited to Phase-I. Mr. Kennedy stated that he needed a preliminary plat for the entire tract since the bank would sell all or nothing. He stated that while he understood both the homeowners'and the Board's positions, he wanted to at least get started with Phase I.which did not involve potential access points. Attor- ney Stucko agreed with Mr. Kennedy's concept and stated he could not believe the Task Force would recommend a plan affecting.more than 3, 4, or 5 lots. He added that he did not feel anyone was served by holding up the entire develop- ment. Mr. Goldman, Attorney for Mr. Kennedy stated that a convenant will be put on the land providing that there will.be no development on the tract beyond Phase".I until the matter of the access points is resolved.. The Board recessed at 9:40 P.M. and reconvened at 9:55 P.M. all members being present and in attendance. PRD /SPECIAL USE Ass'.t. Mgr. Emery read the recommendation of 1210 GORDON TERRACE (BLUS) the Plan Commission regarding the petition of Mr. T. Blus, 1210 Gordon Terrace, to sub- divide the property into three lots. The Plan Commission recommended (on a vote of 5 -1) that a three lot subdivision be denied. However, it recommended approval of a 2 -lot subdivision. Mr. Blus stated that the zoning requirements are met by the three lots. He added that his request is not precedent setting. He sketched the history of the Hovland area, stating that owners had'had.no idea where to place their homes on the very large lots since they did not know if, when, or how the area would ever develop. In the 1970's it was seen that to provide the area with improvements, smaller lots would have to be permitted to enable owners to afford the cost of the assessments, and the area had been developing through resubdivision of lots -since then. He stated that he had been assessed for all improvements on both Gordon and Willow, and he wished to "get three parcels of land as had so many others in the area." He stated that he was asking for less than a 10% lot size variation but with a curved lot line. He exhibited a drawing of a house proposed for the easternmost lot facing.Willow. He noted that the lot would be larger than the lots across the street in the Deerfield Park subdivision. l . After discussion and questioning of the petitioner by the Board, Trustee Seidman moved, seconded by Trustee Swanson, to table the matter to permit the Board to make on -site inspection of the area. Motion carried unanimously. t I BRICKYARDS I- 1(WEST).._ Ass't. Mgr. Emery stated that the Plan Commission AMENDMENT REQUEST recommended that, the request of Mr. Sven Flodstrom PLAN.COMM. REPORT /RECOMM. to amend the previously approved western I -I PUD be approved. Specifically, the Plan Commission recommended that the variations to allow parking in the set back, substitution of plant materials, and the waiving of the western screening requirements be approved with the following conditions: 1) a more sensitive and aesthetic screening plan be developed for the northern property line, and 2) a final engineering for the office development be submitted and approved by the Village Engineer. Mr. Alan Stephaniak; attorney for Mr. Flodstrom, stated that they wished to .re- locate the 4 -story office building three hundred feet north of the originally designated position on Lot 1, thereby leaving room for a hotel which might be built in the future. Mr. Les Pollock, planner,-discussed the relocated office.building and possible future development on Lot 1, accessing Pfingsten Road extended north of Lake - Cook Road and connecting with Kates Road on the northeast. 0. Mr. Pollock stated that their request had included amended landscape plans re- flecting the same kinds of variations granted on the original I -1 PUD. However, they proposed.for the northern.boundary line (abutting parkland) a 2 -foot berm with 3 -foot high shrubs to meet the required screening of.the parking lot from the future park site. Mr. Michael Schwartz ofthe Plan Commission" stated they did not feel such landscaping made an adequate transition etweei�/ parking and parkland. Mr. Pollock replied that they had only five feet to work with and didn't know what kind of landscaping the park district would provide in the future. Mayor Forrest asked Mr. Pollock to consider planting trees along the north boundary,which Trustee York also favored. Mr. Pollock stated trees could be planted but that continuous screening was required by Village ordinance. Responding to questioning by Trustee Seidman, Mr. Stefaniak stated that they understood that approval of the office building relocation did not commit the Board to approval of future developments to the south of the building. Trustee Swanson favored acceptance of the Plan Commission's recommendation, but felt that more`.detail- should be developed to meet the recommendation of the Village Engineer. It was agreed that more detail would be provided. Trustee Seid- man moved.' seconded by Trustee Swanson, -to accept the recommendation of the Plan Commission and direct the attorney to prepare the proper ordinance. Motion carried unanimously: CONSENT AGENDA Trustee Swanson stated that inasmuch as he was a member-of the Zion Lutheran Church Council, he would abstain from voting on the Church's driveway variation, but requested passage of the ordinance on first reading. Trustee Heisler moved, seconded by Trustee Seidman, that the rules be waived to permit passage on first reading of the ordinance granting a driveway varia- tion at Zion Lutheran Church. Motion carried, Trustee Swanson abstaining. BAXTER /FISHMAN SPECIAL USE First reading of ordinance granting an outdoor OUTDOOR RECREATION FACILITIES recreational facility for period of 15 months. DRIVEWAY VARIATION Variation granting driveway width from 20 to 30 725 -729 CENTRAL (MURPHY) feet. ORDINANCE NO. 0 -83 -19 DRIVEWAY VARIATION Ordinance granting 44 -foot instead of 30 -foot ZION LUTHERAN CHURCH driveway width. ORDINANCE NO. 0 -83 -20 Trustee Heisler moved, seconded by Trustee Jackson, that the Consent Agenda be approved. Motion carried on following vote: AYES: Heisler, Jackson, Seidman, York (4) NAYS: None (0) ABSTENTIONS: Swanson (1) TRUCK WEIGHT RESTRICTIONS First reading. MUNICIPAL CODE AMENDMENT TRUCK VEHICLE FEES First reading MUNICIPAL CODE AMENDMENT INTERGOVERNMENTAL AGREEMENT POLICE OFFICER TRAINING RESTRICT PARKING LAUREL AVENUE EMERGENCY PROVISIONS by Trustee Jackson, to approve the .217 Deferred for.discussion at next Board meeting. Police Chief Richard .Brandt recommended use of Emergency Police Powers to temporarily restrict parking on Laurel Avenue during reconstruction of Wilmot Road. Trustee Seidman moved, seconded recommendation. Motion carried unanimously. BANNER PERMIT Trustee Heisler moved, seconded by Trustee Seid- DEERFIELD COMMONS man, to approve the request by the Deerfield Commons Merchants Association for a banner advertising Sidewalk Sales Days, subject to approval by the Building and Zoning Department, size approval by the Board, and payment of $200 for erecting the sign. Motion carried unanimously. Trustee York stated that he had analyzed police reports for the month of June aAd found that Village police had made 21 arrests for driving under the influence (DIU)'. He would like to know how many were appropriately penalized and not "just slapped on the wrist ". He stated he had read newspaper reports of many cases being drop- ped. He added that he had attended the court held in Highland Park and found it "a disgrace to the criminal justice system." He asked that Police Chief Brandt furnish information as to the dispensation of the 21 cases. Mayor Forrest decided that the period should be* expanded and to ask for a report on all the DIU cases since the first of the year. Trustee Heisler stated that he will be leaving for his new job about September 1. He plans to submit his resignation following the meeting of August 15. Mayor Forrest stated that after the August 4 Board meeting, the Board will proceed in a manner similar to that used before Trustee Jackson's appointment. Those who had sought appointment at that time will be contacted to ascertain if they are still interested in serving. Others wishing to serve will be invited to request an interview with the Board. Trustee Jackson stated that the Bahais in Deerfield have on occasion brought to the attention of the Board some of the persecutions going on in Iran./ In order that the Board be informed and have a continuing appraisal of th/ situation he reported there had been a rash of killings of Bahais,..including teenage girls, during the last week. Mayor Forrest reported that a call from Cong. Porter's Washington office had been received. There will be an appropriation of about $300,000 for energy and water to be used for continued planning of the flood retention basin and possible addi- tional cleaning or.dredging of the drainage ditches.. A letter from the West Fork Union Drainage District No. l advised:. 1) there will be an annexation procedure on July 31, 2) the last section of cleaning is scheduled to be completed before the end of the month, 3) a drainage study of water flowing into Lake Eleanor has been completed and submitted to the Village Edgineer and Tollway Commission, and 4) work is continuing on a storm water management program for the enti�e watershed.: There being no further business to come before the Board, upon motion by Trustee Jack - son.-:and second.by Trustee Seidman, the meeting was adjourned at 10:55 P.M. APPROVED: AT ST: Mayor Village Clerk