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02/22/20051 February 22, 2005 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, February 22, 2005, at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Jerry Kayne Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF those in County's approve a widenings ALLEGIANCE Lake County Commissioner Carol Spielman and Lake County Administrator Barry Burton led attendance in reciting the Pledge of Allegiance. They then discussed traffic congestion relief initiative. The County is requesting voters �$ sales tax to fund intersection and interchange improvements, road and traffic signal synchronization. APPROVAL OF MINUTES the to Trustee Rosenthal made a motion to approve the minutes of the previous meeting. Trustee Wylie seconded the motion. The motion passed, with all trustees voting for it with the exception of Trustee Benton, who abstained due to his absence from that meeting. BILLS AND PAYROLL Trustee Wylie made a motion to approve the Bills and Payroll. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the January Treasurer's Report. Sales tax received in January (for October sales) is a 14.1% increase over the same period last year. Water sales continue to do well. Hotel tax was lower this month. As of January 31, 2005, 100% of available cash was invested at an estimated average interest rate of 3.17% compared to an average rate of 2.36% for the 90 -day Treasury Bill. REPORT ON DEPARTMENTAL OBJECTIVES, Chief Sliozis presented highlights from the POLICE DEPARTMENT Report on Departmental Objectives for the Police Department. Chief Sliozis gave special emphasis to the computer aided dispatch and integrated management system, regional policing efforts, communications, the Citizens Survey, community service projects, and the accreditation process. After Chief Sliozis had responded to questions from Board members, Mayor Harris commended the department for its skillful handling of the recent visit of former Israeli Prime Minister Ehud Barak. Board of Trustees Meeting February 22, 2005 Page 2 of 7 PUBLIC COMMENT Gil Antokol reported that the next Blood Drive will take place on Sunday, March 6th from 8:00 a.m. until 1:00 p.m. at the Jewett Park Community Center. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR SIDE YARD AND REAR hearing on December 14, 2004, to consider the YARD VARIATIONS FOR 1232 ELMWOOD request of David Egbers of 1232 Elmwood Avenue (DAVID EGBERS) for both a rear yard and side yard variation to permit construction of an addition to attach the existing detached garage to the principal structure. The addition would reduce the rear yard of the residence to 18' in lieu of the required 251, as well as reduce the side yard to 5' in lieu of the required 81. On a motion to grant the variation subject to the porch addition not exceeding one story, the BZA voted 3 -2. In absence of four concurring votes, the BZA fails to recommend that the request be granted. .Mr. Egbers commented that he received the Board of Trustees' approval of the variance last year, but it expired before he was ready to proceed. He is now ready to move forward and is once again seeking Board approval. Trustee Rosenthal moved for acceptance of the BZA report and recommendation. Trustee Seiden seconded the motion. Mr. Coblentz reminded the Board that acceptance of the report means denial of the petitioner's request. The motion failed by the following vote: AYES: None (0) NAYS: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) Permission is therefore granted for the petitioner to proceed with the project. The attorney will prepare an ordinance. REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR REAR YARD VARIATION hearing on January 19th to consider the request FOR 1115 HAMPTON COURT (WEISER) of Scott and Helena Weiser of 1115 Hampton Ct. The variation would permit the construction of a one story den and 3 -car garage addition, which would reduce their rear yard to 35', 15' less than the zoning ordinance requires. On a motion to grant the variation for this addition only, keeping the remainder of the 50' rear yard intact, thus eliminating the possibility of any further encroachment into the required rear yard, the motion passed 6 -0. Trustee Swanson moved for acceptance of the BZA report and recommendation and preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Mayor Harris suggested that the Consent Agenda be taken next so the petitioner does not have to wait through discussion of the tree preservation ordinance. 1 Board of Trustees Meeting February 22, 2005 Page 3 of 7 CONSENT AGENDA ORDINANCE 0 -05 -03 GRANTING A REAR An ordinance granting a rear yard variation YARD VARIATION FOR THE PROPERTY AT for the property at 1150 Heather, Second 1150 HEATHER (GERALD HORNE) Reading. Trustee Seiden moved for adoption of the ordinance. Trustee Benton seconded the motion. Trustee Swanson noted that some of the dimensions shown on the exhibit accompanying the ordinance are not accurate. After discussion, it was agreed that the exhibit will be redone to conform to the ordinance. The ordinance will be voted on at tonight's meeting, but Mayor Harris will not sign it until the corrections to the exhibit are made. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORTS (cont'd.) REPORT AND RECOMMENDATION OF THE After thanking members of the Residential RESIDENTIAL REDEVELOPMENT REVIEW Redevelopment Review Task Force and others TASK FORCE RE TREE PRESERVATION who worked for several years to create the tree preservation report and recommendation being presented tonight, especially foresters Chuck Stewart and Phil Rosborough, Trustee Seiden summarized the process that the group went through, and explained some of the high points of the report and recommendation. He explained that the ordinance will apply to all residentially zoned property, that it applies to any healthy tree with a diameter of 8" or greater, that it is a preservation based ordinance, and that mitigation will be required for removal of protected trees, with the amount of mitigation varying, depending on the size and type of tree. Trustee Seiden added that there will three different categories of tree removal: lot development, lot redevelopment, and ad hoc tree removal, with different regulations for each. Mayor Harris opened the meeting to public comment, and for approximately an hour, residents shared their opinions on the proposed ordinance. All those who spoke were against it, citing such reasons as: it is too restrictive; it takes away a homeowner's rights; it is too complex; it requires too much cost to and too much effort from the resident; it will keep people from planting trees since they know it will be a difficult process if they decide to remove them at a later time; and it isn't needed. At least one person suggested that a homeowner should be able to remove a certain percentage of his trees without Village permission. Trustees and members of the task force discussed the comments at length. Trustee Rosenthal suggested that in the section on tree emergencies, the property owner should have fourteen days rather than five days to complete a Tree Permit Application. Trustees Seiden and Benton agreed to the change. Board of Trustees Meeting February 22, 2005 Page 4 of 7 After further discussion, Trustee Seiden made a motion to accept the report and recommendation of the Residential Redevelopment - Review Task Force, with the change recommended by Trustee Rosenthal, and to direct preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) The matter being concluded, at 9:42 p.m. Mayor Harris called for a brief recess. He reconvened the meeting at 9:48 p.m. OLD BUSINESS ORDINANCE 0 -05 -04 ANNEXING CERTAIN An ordinance annexing certain territory at the TERRITORY AT THE NORTHEAST QUADRANT northeast quadrant of Saunders Road and Lake OF SAUNDERS ROAD AND LAKE COOK ROAD Cook Road into the Village of Deerfield, TO THE VILLAGE OF DEERFIELD Second Reading (held over from 2/7/05). (TAKEDA) Trustee Rosenthal moved for adoption of the ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE 0 -05 -05 AMENDING THE An ordinance amending the zoning ordinance of ZONING ORDINANCE OF THE VILLAGE OF the Village of Deerfield by zoning certain DEERFIELD BY ZONING CERTAIN property at the northeast corner of Saunders PROPERTY AT THE NORTHEAST CORNER and Lake Cook Roads, upon annexation, to the OF SAUNDERS AND LAKE COOK ROADS, I -1 Office, Research and Restricted Industrial UPON ANNEXATION, TO THE I -1 OFFICE, District, Second Reading (held over from RESEARCH AND RESTRICTED INDUSTRIAL 2/7/05). DISTRICT (TAKEDA) Trustee Benton moved to adopt the ordinance. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) DISCUSSION RE PEDESTRIAN CROSSWALK Trustee Rosenthal made a motion to remove IMPROVEMENTS ON DEERFIELD ROAD AT this agenda item from the table. Trustee APPLETREE LANE (tabled 2/7/05) Seiden seconded the motion. The motion passed unanimously. Mr. Franz summarized that IDOT has approved funding for pedestrian improvements on Deerfield Road, including an illuminated crossing at Appletree Lane. At the previous meeting there was extensive discussion regarding the pros and cons of adding a crossing at Appletree Lane, but no vote was taken due to the absence of Trustee Benton. Resident Daryl Penn commented that his preference would be for a traffic light at Pine Street, but the illuminated 1 Board of Trustees Meeting February 22, 2005 Page 5 of 7 crosswalk at Appletree is better than nothing. Mr. Franz responded that a light at Pine and Deerfield would be unlikely to meet State warrants. Melissa Bigg of the Safety Commission read a statement supporting the on demand crosswalk at Appletree, noting that whether or not people should cross at Appletree, they do, and they need this measure of protection. After further discussion, Trustee Rosenthal made a motion to direct staff to finalize plans for the Deerfield Road improvement without the on demand light at Appletree Lane. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Swanson, Wylie (4) NAYS: Kayne, Seiden (2) DISCUSSION RE SCOPE OF STRATFORD Mr. Franz commented that at the previous ROAD IMPROVEMENTS, NORTH AVENUE TO meeting the consultant was instructed to GREENWOOD (held over from 2/7/05) survey residents of streets tributary to Stratford to ascertain if they favor the addition of sidewalks and streetlights on Stratford as part of the street improvement project. Kevin Marks of V3 Infrastructure Services summarized the results of the survey, noting that 327 surveys were sent and 181 were returned. He noted that the new survey was sent to residents of Stratford, who had received a previous survey, and also to residents of the feeder streets. Regarding the addition of a sidewalk, 97 responded in favor, while 73 were not in favor. Regarding the addition of street lighting, 87 responded in favor, while 80 were not in favor. Bud Dietrich of 1411 Berkley Court discussed the use of certain traffic calming techniques, which he felt would make Stratford Road safer, without altering the character of the neighborhood. Trustees had a lengthy discussion of a variety of options for the road improvement project, with some wanting to give priority to accessibility and pedestrian safety issues, and others emphasizing the need to retain the rural character of the neighborhood. There was also discussion that the addition of sidewalks to the project would probably prevent it from being completed in one construction season. Trustee Swanson made a motion to accept the consultant's proposal for a 28' street, back to back of curb, with no sidewalk and no lighting. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson (4) NAYS: Kayne, Wylie (2) NEW BUSINESS RESOLUTION R -05 -04 APPROVING A The Village has recently implemented a home RECIPROCAL AGREEMENT WITH THE rule sales tax and is permitted to obtain ILLINOIS DEPARTMENT OF REVENUE RE information on an individual taxpayer basis SALES TAX INFORMATION regarding the amount of sales tax collected Board of Trustees Meeting February 22, 2005 Page 6 of 7 within the Village. The information will be provided by the Illinois Department of Revenue upon execution of a reciprocal agreement for exchange of information. The purpose of the agreement is to ensure that the obtained information is kept confidential and is available only to specifically named Village personnel. Mr. Fialkowski recommends adoption of a resolution authorizing execution of the agreement. Trustee Swanson moved for adoption of the resolution. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE 0 -05 -06 RE FILING OF A This ordinance establishes the hearing date TENTATIVE ANNUAL BUDGET FOR PUBLIC for next year's budget as April 4, 2005 and INSPECTION AND HEARING, FIRST indicates that the availability of the draft READING budget will be not later than March 3, 2005. Trustee Seiden moved for a waiver of the rules to permit the ordinance to be voted on at First Reading. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Trustee Rosenthal moved for adoption of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) AUTHORIZATION FOR PURCHASE AND Chief Sliozis is seeking approval to purchase INSTALLATION OF RADIO CONSOLE and have installed software to upgrade the SOFTWARE UPGRADE FROM CML operation of the Emergency 9 -1 -1 console. CML EMERGENCY SERVICES Equipment Services, which sold the Village the equipment and software in 1966, is the sole source vendor of the upgrade. Total cost of the software and installation is $24,257 and has been budgeted for fiscal year 2004 -05. Trustee Rosenthal moved to approve the purchase at a total cost not to exceed $24,257. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: 'None (0) DISCUSSION ITEMS FROM THE MANAGER Mr. Franz reported that there will be a Committee of the Whole for the purpose of a budget workshop on Monday, February 28th at 6:30 p.m. 1 1 Board of Trustees Meeting February 22, 2005 Page 7 of 7 Mr. Franz also announced that the cell tower proposal that was being considered for Jewett Park has been withdrawn, at least for the time being. ADJOURNMENT There bein no Trustee Be ton meeting. Trustee Swanson seconded the o The The meeting was adjourned at 11:09 p . ATTEST: illaae Zlerk APPROVED er business to discuss, a motion to adjourn the on passed unanimously. Mayor