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03/03/1986March 3, 1986 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on Monday, March 3, 1986, at 8:00 P.M. The clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor James Marovitz Edwin Seidman Vernon Swanson J. Robert York Absent: Cynthia Marty Harriet Rosenthal and that a quorum was present and in attendance. Also present were Village Manager Robert Franz and Village Attorney James Stucko. Trustee Seidman pointed out an error in the minutes of the February 17 meeting. He questioned the phrase "197 feet long" on page 2, line 4 and felt it should be eliminated. Trustee Seidman also noted that Christopher Noon represented the Tollway North property and the minutes should be corrected to reflect this. Trustee York moved, seconded by Trustee Marovitz, that the minutes of the previous meeting as corrected be approved. Motion carried unanimously. LAND SWAP FOR Kelly Bufton, attorney for Trammell Crow, advised that the GUN CLUB PROPERTY Land Swap Agreement as prepared by the Village Attorney was acceptable. Changes were made in accordance with comments made two weeks ago. All issues raised at the last Board meeting have been clarified and included in the present agreement. The issuance of the letter of credit as stated in the Agreement was discussed and an alternative procedure for issuance of this instrument was rejected by the Board. Neil R. Fulton from IDOT, Bureau of Resources Management, reported IDOT's views on the proposed plan and retention basin. Mr. Fulton and Steve Spicer o- •ne Corps of Engineers answered questions from the Board and the audience concerni+,,: the Land Swap Agreement and the proposed basin. Mr. Fulton stated that IDOT --feeds a decision now. He also mentioned that there would be a $1 million saving by constructing the basin on the south side of Lake Cook Road. After further discussion and comments by members of Trustee Seidman moved, seconded by Trustee Swanson, the modifications as discussed. Motion carried by AYES: Marovitz, Seidman, Swanson, York (4) NAYS: None (0) the Forestway property owners, to accept the Agreement with the following vote: Mayor Forrest made a statement concerning the Land Swap Agreement and its.effect on the Village. This statement is attached hereto and made a part cf these minutes. Meeting recessed at 9:40 P.M.. Meeting reconvened at 9:50 P.M. REZONING - FRANKEN & ELM Trustee Seidman moved, of the Plan Commission March 17 Board meeting David Goldstein, attorney for Metro Resources Group, asked for a postponement of consideration for the rezoning and special use of Pottenger property at Franken and Elm Streets. seconded by Trustee Swanson, that the report and recommendation regarding rezoning and special use be postponed until the Motion carried unanimously. SPECIAL USE /PRD/ Herman Moses, attorney representing owners of the subject RESUBDIVISION property, presented a drawing indicating the location on GORDON TERRACE Gordon Terrace where a home will be placed from its present location on Lake Cook Road. Trustee Marovitz moved, seconded by Trustee Seidman, that an ordinance be prepared granting the request for resubdivision of the property on Gordon Terrace. Motion carried unanimously. e Trustee York questioned the land swap propos on the edge of being overbuilt, particularly Road development. He expressed concern over office developments and stated that he k";7uld ment on Lake -Cook Road for the next eighteen a1, stating that the Village is as it relates to the Lake -Cook the possibility of overbuilding not vote for any further develop - months. 1 1 y �1 SCHORSCH Trustee Marovitz moved, seconded by Trustee Seidman, that RESUBDIVISION approval of the final plat for Schorsch resubdivision be approved. Motion carried.unanimously. TOLLWAY NORTH Trustee Marovitz moved, seconded by Trustee Seidman, to ANNEXATION approve first reading of the three ordinances concerning the Tollway North annexation. Motion carried unanimously. Mayor Forrest stated that the water contract would be discussed following an executive session at the end of the meeting. EASEMENT AND DEVELOPMENT AGREEMENT Acreement,.Mr. of a temporary to present to a property. James Soyka, Village Engineer, stated that the Village needs a utility easement from Mr. Fink on Lot 11 in the Brickyards. Since the Easement Development Agreement can not be approved at this time, pending the Land Swap Fink requested the Village to issue a letter indicating approval easement to his property. The letter is necessary for Mr. Fink bank in order to obtain a loan for timely development of his Trustee York moved, seconded by Trustee Seidman, that a letter be drafted assuring Mr. Fink that the Village would grant him a temporary easement to his property. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Marovitz, that approval be given to the modifications. of the..Cost.Sharing Agreement for sewer and road improvements in the Brickyards. Motion carried by the following vote: AYES: Marovitz, Seidman, Swanson, York (4) NAYS: None (0) PFINGSTEN EXTENSION Phase I of the engineering plan for the Pfingsten extension KATES ROAD OVERPASS and Kates Road overpass was discussed by Mr. Soyka. An artist's rendering was shown indicating the path of the proposed project. Total project cost, including engineering, construction, inspection and testing is estimated at approximately $3 million. Mr. Soyka recommended that the Ciorba Group be retained for Phase I only of this project. Trustee Seidman moved, seconded by Trustee York, that the Village authorize the Ciorba Group to complete Phase I of the Pfingsten Road Extension and Kates Road Overpass at a cost not to exceed $48,000. Motion carried by the following vote: AYES: Marovitz, Seidman, Swanson, York (4) NAYS: None (0) DISCONNECTION Barbara,Houpt, Village Planner, displayed a map of a small OF PROPERTY piece of property a petitioner is requesting be disconnected FROM DEERFIELD from Deerfield for annexation to Bannockburn. Trustee Seidman moved, seconded by Trustee Marovitz, that an ordinance be drafted granting peti:ti.on.er's request for disconnection from Deerfield. The motion carried .' unanimously. A Village resident spoke before the Board concerning the removal of scrub trees in connection with the Brickyard sanitary interceptor project. Mr. Schaefer stated that the trees provided a screen between the homes along Hackberry and the sanitary sewer. The Board-did not agree that the Cost Sharing Agreement should provide money for landscaping of that area. Staff was directed to include some berming of this site as part of the sewer contract and to include landscaping plans in next year's budget. The meeting was adjourned at 11:05 P.M. for an executive session to discuss the proposed water contract with Highland Park. Meeting reconvened at 11:25 P.M. 7 El WATER CONTRACT Highland Park has responded to the-water contract sent to them by Deerfield indicating that the arbitration clause was not acceptable. They feel they need final authority in setting rates, but would agree to a 180 day notice provision prior to any proposed change in rates. Trustee York made a motion, seconded by Trustee Swanson, that to sign the revised water contract, even though the Board is terms of the agreement, since Highland Park is "holding a gun giving us no option but to approve the document if we wish to Lake Michigan water. Motion carried by the following vote: AYES: Marovitz, Seidman, Swanson, York (4) NAYS: None (0) DISCUSSION ITEMS the Mayor be authorized dissatisfied with the to Deerfield's head" continue receiving Trustee Marovitz stated he had a request from the president of Tennaqua that members of the club would like the Village to remove the sign that forbids a right turn from Tennaqua Lane to Castlewood. Since the office building on the adjacent premises is vacant, there is no need for this sign. Trustee Swanson moved, seconded by Trustee Marovitz, that the right turn sign matter be directed to the attention of the Safety Council. Motion carried unanimously. Trustee Swanson advised that the North Shore Ecological Group has contacted the Village and is basically asking for a commitment of some time, staff, person and /or volunteer to participate in their recycling efforts in the Village. They would also like some type of commitment to share some of the cost involved in recycling. Trustee York stated that he felt the Village should cooperate with other Villages and the North Shore group in recycling projects. Manager Franz advised that the Village will participate in meetings concerning this subject. There being no further business to come before the Board, the meeting was adjourned at 11:35 P.M. A OVED: Mayor ITTEST: Vi age Cleypf I, MAYOR FORREST'S STATEMENT REGARDING LAND SWAP For.,.:several months; -the- Village has been debating a' proposal to swap its retention basin site for the Gun Club parcel. As with any major decision, there are two sides to this issue, with some advantages and disadvantages to each position. Our obligation as an elected Board is to view all proposals that come before us in the light of the Village as a whole, without losing sight as to how any given project may affect a neighborhood. .In this case, the Board and I are very much aware of the concerns of the Forestway Drive residents, having attended several meetings with them. However, . I am of the opinion that - after considering all of the facts and modifying the original proposal to provide more protection for the home owners - the land swap proposal with TRAMMELL CROW should be approved. The advantages of the land swap have been clearly defined: - It assures annexation of the Gun Club property to Deerfield and the elimination of that use which has been an annoyance.to the neighborhood for many years. - - Since approximately one -third of the eventual retention basin is already dug on the south side, there would be considerably less spoil to dispose of - a savings estimated by IDOT and the Corps of Engineers in excess of $1 million. - There will be long -term tax benefits to governmental agencies within Lake County. It is estimated that our taxing districts would eventually gain approximately $350,000 if development were to occur on the north side. The Gun Club pond has existed for many years with limited problems. A new basin on the north side could serve as an attractive nuisance, both for residents and non - residents and would not be as easy to secure as the Gun Club parcel. - The Floor Area Patio of the proposed Trammell Crow development on the north site, including the 8 acre buffer strip, is .267. If we do not include the buffer strip, the FAR is .349. This is the least dense development of any such project approved on Lake -Cook Road in recent years. The proposed agreement before us this evening addresses the major concerns raised by Forestway residents. The closest buildings would be 775' (or more than a city block) from the residential properties, as a result of the 8 acre buffer strip to be landscaped and maintained by the developer. To put this in perspective, 775' measured north from the corner of Deerfield and Waukegan Roads puts us in the middle of the windows at the library. In addition, a landscaped berm will be installed to screen the development from.the residential area. I- I- D .. -Z- I believe that a concerted effort has been made by the Village, the developer and the residents who have provided input in this matter, to develop a land swap agreement that is in the best interest of the entire community. Rather than reducing residential property values, this development quite possibly will have the opposite effect. It is for these reasons that I urge the Village Board to approve this document this evening.