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02/17/1998February 17, 1998 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Forrest in the Council Chamber of the Village Hall on Tuesday, February 17, 1998, at 8:00 P.M. The Clerk called the roll and announced that the following were: Present: Bernard Forrest, Mayor Marvin W. Ehlers Harriet E. Rosenthal Edwin B. Seidman Michael Swartz Absent: John H. Heuberger Vernon E. Swanson and that a quorum was present and in attendance. Also present were Attorney James Stucko and Village Manager Robert Franz. UPDATE ON VISION 2000 Mayor Forrest reported that the redevelopment of downtown Deerfield has been given the name "Vision 2000." Before each Board meeting, Mayor Forrest will update residents on what has transpired with Vision 2000 since the prior meeting. Mayor Forrest then read the summary of events from last week. APPROVAL OF MINUTES previous meeting. Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the minutes of the The motion passed unanimously. BILLS AND PAYROLL Trustee Seidman made a motion, seconded by Trustee Swartz, to approve the Bills and Payroll. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) TREASURER'S REPORT Mr. Valentine presented highlights from the January Treasurer's Report. January sales tax receipts are up by 4% from the prior year; however, the twelve month total is down by 4%. Other revenues are performing as projected. Hotel tax is extremely strong. As of January 31, 1998, 106% of cash was invested at an average interest rate of 5.81% which compare's with an average rate of 5.16% for the 90 -day Treasury Bill. YOUTH ART MONTH Mayor Forrest proclaimed March 1998 to be Youth Art Month in Deerfield and urged all citizens to become interested in and give full support to quality school art programs for children and youth. Trustee Rosenthal made a motion to accept the proclamation. Trustee Ehlers seconded the motion. The motion passed unanimously. Several elementary school students and their teacher were in attendance to accept the proclamation. REPORT ON DEPARTMENTAL OBJECTIVES, POLICE DEPARTMENT Chief Anderson presented highlights from the Police Department's 1997 Annual Report. Chief Anderson reported that: • Deerfield has the lowest violent offense rate in Lake County. • The Village experienced nearly a 12% decrease in all reportable criminal offenses. • This year the Department investigated 24 burglaries, of which 15 were home burglaries. The arrest of "the alarm cut burglars" cleared 11 residential Deerfield burglaries. • Theft in the workplace is on the rise. • Although the amount of damage decreased in 1997, vandalism is a continuing concern. The investigation of the recent vandalism at Shepard Jr. High School is ongoing. • Traffic collisions increased about 15% during 1997. Injuries occurred in less than 15% of the accidents, and there were no, traffic fatalities in 1997. • Chief Anderson plans to make a request to the Board that they consider making the failure to wear a seat belt a primary offense. • There has been no gang activity in the Village in the past two years. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR RESUB- DIVISION OF PROPERTIES AT 1415 AND 1421 NORTHWOODS ROAD, LIPOWSKI AND JOHNSTONE houses that currently exist on the vote of 4 - 1, with one abstention, petitioners' request. REPORTS The Plan Commission held a public hearing on January 8, 1998 to consider the request of Richard Johnstone, owner of 1415 Northwoods Road and Andrew Lipowski, owner of 1421 Northwoods Road, for a resubdivision of their properties into 4 buildable lots. The two subject properties would be demolished. By a the Plan Commission voted to approve the Mr. Johnstone explained that he and Mr. Lipowski wish.to combine their properties, then resubdivide them into four buildable sites of '-� acre each. Zoning in the area is R -1. Mr. Lipowski, an architect, explained that the two interior lots would be created by putting a short road with a cul de sac between the two properties. The four lots would average about 21,000 square feet. Mr. Lipowski stated that the lots meet the requirements for all setbacks. The four homes to be built would have two stories, three car garages and be approximately 4,500 square feet in size. Water issues would be addressed through engineering and the use of drainage ditches. Natalie Carney, Director of Engineering for Land Technology, Inc., who prepared the engineering plans for the resubdivision, stated that sewer and water mains are existing adjacent to the property and could easily be extended. Drainage would be managed through the use of drainage ditches and swales. Ms. Carney stated that with the proposed plan, the amount of storm water that can be detained will actually increase. Barbara Little stated that she and Mr. Soyka have reviewed the preliminary site plan and feel that it has the potential to be a workable solution to the drainage problems that exist today and those that might be created by the project. Certain concerns exist, but these can be addressed as the project continues and before final approval is granted. In her opinion the proposed project would add no water of significance. Trustees asked several questions regarding drainage, flooding, variations, grading, and water detention, after which Mayor Forrest allowed those who had signed in to speak on the matter to do so. Over the next 1 1-� hours, about a dozen area residents voiced their opinions on the resubdivision. Most were not in favor of it, the most often cited reason being a probable increase in drainage and flooding problems for an area which already has serious problems in this regard. Others felt that the proposed homes would be out of character with the neighborhood, would destroy its peaceful, rural feel and would open the door to future developments like the one being proposed. Some speakers commented that the proposed project should not be considered a new 2 1 J subdivision, but should be required to be in compliance with the same setbacks and other zoning requirements as the rest of the neighborhood. Others stated that a flag lot situation is being created. Several people, however, spoke in favor of the development. They felt that the new homes would be an improvement over what is there now, that four smaller homes would look better on the site than two larger ones, and that the developers have made an attempt to address water problems and other issues. Robert Kenny, an attorney representing the homeowners' group, commented that the new development should be required to comply with the Zoning Ordinance, the Subdivision Code and the Comprehensive Plan. He stated that this plan doesn't comply with the setback provisions provided for in the Zoning Ordinance and the Subdivision Code and that it also doesn't comply with the Comprehensive Plan requirement that future developments should not adversely impact the surrounding area. Mr. Kenny disagreed with the petitioners' assertion that no variations are required, as a waiver would be required to permit the private road. Finally, Mr. Kenny cited water problems, the scale of the proposed homes in comparison to the current homes, and the change of character that the neighborhood would experience, as reasons to deny the petition. There was lengthy discussion of Subdivision Code requirements, and of whether this plan does or doesn't require any variations. Mr. Stucko stated that putting in a private street does not require a variation from the Zoning Code but rather a waiver of a provision of the Subdivision Code. Mayor Forrest noted that the petitioners, while preferring that the street be private, have stated that they are willing to have a public street if that is a requirement for approval. Trustee Rosenthal commented that the proposed plan doesn't seem to follow in the spirit of the existing subdivision and should not be approved. Trustee Swartz agreed, adding that, although the plan is called a subdivision, it is really two flag lots behind two lots that front on Northwoods Road. Trustee Ehlers agreed that the subdivision is really a flag lot situation. Trustee Seidman stated that water and other concerns make the plan unacceptable to him. Mayor Forrest commented that there are going to be more problems like this in the subdivision. He recommended that the Board ask the Plan Commission to look into setting up a separate zoning category for this area and to hold hearings to get input from the residents. Trustee Swartz made a motion to approve the Plan Commission Report and Recommendation. Trustee Ehlers seconded the motion, The motion failed unanimously. Trustee Rosenthal made a motion that the Plan Commission look at this area as a special zoning district and hold hearings on the matter. Trustee Ehlers seconded the motion. The motion passed unanimously. Mayor Forrest called a five minute recess. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND January 22 to consider the request of Success RECOMMENDATION VCDC RE REQUEST FOR National Bank for an amendment to an existing SPECIAL USE FOR A DRIVE -UP ATM AND Special Use for a bank /financial institution. OTHER SITE IMPROVEMENTS, SUCCESS The petitioner is also seeking a Special Use BANK, 630 WAUKEGAN ROAD for the installation of a drive -up ATM. The Plan Commission unanimously voted in favor of the petitioner's request. The VCDC held a workshop meeting on February 4 to 3 consider the Success Bank requests. By a vote of 6 -0 (1 recuse), the VCDC voted to approve the petitioner's request. Trustee Seidman made a motion to accept the Report and Recommendation of the Plan Commission and the Report and Recommendation of the VCDC and to direct the Village Attorney to prepare an ordinance. Stuart Wexler, architect for the project, stated that the timbers at the south end of the bank property will be replaced by concrete curbing. During discussion it was decided to remove the emergency access gate to the alley and decrease the size of the access so that cars cannot exit into the alley but there will still be enough access for trash receptacles. Sixteen arbor vitae will also be replaced. After further discussion Trustee Rosenthal seconded the motion, adding that the changes just discussed should be incorporated into the ordinance. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR MODIFICATION OF APPROVED PUD, CHILI'S RESTAURANT the windows, along with the decora gold and red. The Plan Commission Chili's Restaurant has requested a modification of their Planned Unit Development. The petitioners are requesting permission to repaint the trim of the building below the clay tile roof and around :ive lights. The proposed colors are green, voted 6 -0 to approve the petitioner's request. After discussion, Trustee Seidman made a motion to accept the Report and Recommendation of the Plan Commission. Trustee Swartz seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR A RESUBDIVISION OF LOT 5, THE VACATION OF EXISTING BUILDING LINES AND THE ESTABLISHMENT OF NEW BUILDING LINES, 1221 COUNTRY LANE IN DAVID DWELLINGS SUBDIVISION The Plan Commission held a public hearing on January 8 to consider a request for a preliminary and final plat of resubdivision, the vacation of existing building lines, and and establishment of new building lines at 1221 Country Lane. By a vote of 5 -0 (1 recuse), the Plan Commission voted to to approve the petitioner's request. After discussion, Trustee Seidman made a motion to accept the Report and Recommendation of the Plan Commission. Trustee Swartz seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE GRANTING REAR YARD VARIATION, MARTIN J. CLARK, 1478 BERKLEY ROAD residence which encroaches into the RESOLUTION R -98 -04 AUTHORIZING USE OF $30,000 IN MFT FUNDS FOR PHASE I ENGINEERING SERVICES FOR REHABILITATION OF THE DEERFIELD ROAD BRIDGE (MIDDLE FORK) An ordinance granting a rear yard variation to Martin J. Clark for the property located at 1478 Berkley Road. The variation will allow the continued construction of a new required rear yard. First Reading. NEW BUSINESS Village must appropriate $30,000 for by the State for•80% of this amount. On January 19, 1998, the Board approved the staff recommendation to accept the Teng Engineering contract for Phase I Engineering Services for rehabilitation of the Deerfield Road Bridge over the Middle Fork. As part of the joint State /Village agreement, the this work. The Village will be reimbursed ►a] 1 1 1 Trustee Swartz made a motion to adopt a resolution authorizing that $30,000 in MFT. funds be appropriated for engineering services for rehabilitation of the Deerfield Road Bridge. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) DISCUSSION RESOLUTION R -98 -05 REGARDING Mayor Forrest read a statement summarizing SETTLEMENT FOR PROPERTY AT 629 events that have transpired since December, DEERFIELD ROAD 1996, regarding acquisition by the Village of Deerfield Road. Village agreeing property. As the preliminary just Village. the Treasures & Trash Building at 629 That issue has been settled, with the property owner and the to an amount of $435,000 as final just compensation for the Village had previously paid $460,000 to the property owner as compensation, the property owner will refund $25,000 to the Trustee Swartz made a motion, seconded by Trustee Rosenthal, to adopt a resolution confirming the settlement and authorizing the Village attorney to take appropriate steps to finalize it. The motion passed by the following vote: AYES: Ehlers, Rosenthal, Seidman, Swartz (4) NAYS: None (0) DEERFIELD ROAD BRIDGE Mr. Wexler asked if the Village has plans to replace the bridge by the train station. Mr. Wexler was told that this is METRA's decision to make. Mr. Wexler commented that if it is ever replaced, consideration should be given to widening the sidewalks underneath it. ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:50 P.M. ATTEST: Village ClerTc 5 Mayor UPDATE ON RAILROAD TRACK In response to questioning from Trustee IMPROVEMENTS AT OSTERMAN AVENUE Seidman, Mr. tracks will Franz reported be rubberized, that the new but the grade will not be changed. There will not be a pedestrian walkway on the north side of Osterman since the pedestrian crossing signal is on the south side of the street. DEERFIELD ROAD BRIDGE Mr. Wexler asked if the Village has plans to replace the bridge by the train station. Mr. Wexler was told that this is METRA's decision to make. Mr. Wexler commented that if it is ever replaced, consideration should be given to widening the sidewalks underneath it. ADJOURNMENT There being no further business to discuss, Trustee Rosenthal made a motion to adjourn the meeting. Trustee Swartz seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:50 P.M. ATTEST: Village ClerTc 5 Mayor r VISION : - . 2000 DEERFIELD VILLAGE CENTER REVITALIZ4TION PROGRESS THROUGH CAREFUL PLANNING DATE: 1'= EBRUARY 1 7 1996 VILLAGE BOARD MEETING BEFORE EACH BOARD MEETING, WE WILL GIVE AN UPDATE OF VISION 2000, THE DEVELOPMENT OF DOWNTOWN DEERFIELD. I DURING THE LAST WEEK: • THE CONTRACT BETWEEN THE VILLAGE AND THE DEVELOPER HAS BEEN SIGNED. • A LETTER WAS SENT TO ALL PROPERTY OWNERS REQUESTING MEETINGS WITH THEM TO DISCUSS LAND ACQUISITION. • A MEETING WAS HELD WITH THE FIRST CHICAGO BANK TO DISCUSS TERMS FOR ACQUIRING THEIR PROPERTIES. IT IS EXPECTED THAT A CONTRACT WILL BE READY FOR BOARD CONSIDERATION BY MID - MARCH. ALL TENANTS CAN REMAIN IN THE BUILDING AT LEAST UNTIL THE END OF 1996. • THE BUILDINGS IN THE SOUTHEAST QUADRANT ARE BEING INSPECTED TO SEE IF WE CAN USE THEM AS INTERIM SPACE FOR THOSE PLANNING TO MOVE TO THE NEW DEVELOPMENT. • A MEETING WAS HELD WITH THE UTILITY COMPANIES TO BEGIN PLANNING UTILITY RELOCATIONS AS PART OF THE PROJECT. • THE VILLAGE IS DISCUSSING WITH THE DEVELOPER AND THE CHAMBER OF COMMERCE HOW TO BEST COORDINATE RELOCATION PLANS AND TO DETERMINE WHAT SPACE IS AVAILABLE BOTH IN THE PROJECT AND ELSEWHERE IN DEERFIELD. • THE VILLAGE WILL EXPEDITE ANY REQUESTS FOR VARIATIONS OR SPECIAL USES TO ASSIST IN RELOCATIONS. • A SITE PLAN OF THE NEW DEVELOPMENT WILL BE PUBLISHED IN THE NEXT ISSUE OF D- TALES THAT WILL BE SENT OUT AT THE END OF THE WEEK. 1 1