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08/05/20021 1 August 5, 2002 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 Monday, August 5, 2002, at 7:31 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were attorney Peter Rosenthal and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE State Senator Kathy Parker led those in attendance in reciting the Pledge of Allegiance. Senator Parker discussed a few of the many matters now being discussed in the General Assembly. APPROVAL OF MINUTES Wylie seconded the motion. Trustee Ragona made a motion to approve the minutes of the previous meeting. Trustee The motion passed unanimously. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) 25 YEAR EMPLOYEE SERVICE AWARD service to the Village of Deerfield. mechanic in the Public Works garage. Mayor Harris presented a gold watch to Michael Haltermann in recognition of his 25 years of Mr. Haltermann, a Deerfield resident, is a PROMOTION OF POLICE PERSONNEL Chief Sliozis announced the promotion of Sergeant Rand Roel to Commander. Mr. Franz administered the oath of office. Commander Roel has been with the Deerfield Police Department since 1982. A graduate of Western Illinois University, Commander Roel has served in many positions within the department, and is especially known for his work with the young people of the community. REPORT ON DEPARTMENTAL, OBJECTIVES Chief John Sliozis presented highlights from POLICE DEPARTMENT the Report on Departmental Objectives for the Police Department. Chief Sliozis reported that: Board of Trustees Meeting August 5, 2002 Page 2 of 8 • Statistics for this six month period are nearly unchanged from the same time period last year. There was a slight reduction in the number of traffic accidents. • The renovation of the police facility is essentially complete, and all officers are once again working under one roof. An open house will be held in the fall. Chief Sliozis thanked the Fire Department for its cooperation in housing police personnel during the renovation. • The accreditation process has been slowed by an extended illness in the supervisory staff, but the project will be moving ahead in the near future. PUBLIC COMMENT Lou Dauria discussed his concern over the already rising costs for the not yet started senior center. The park district has asked the Village for an additional $400,000 contribution. Mr. Dauria suggested some possible causes and solutions for the increased costs. Mayor Harris responded that, like Mr. Dauria, the village is concerned about the costs. He, along with Village and park district staff, will be meeting soon with members of the park district board to discuss this matter. PUBLIC HEARING RE REQUEST FOR Trustee Ragona made a motion to hold over this AMENDMENT TO ANNEXATION AGREEMENT, agenda item until the next Board meeting. SUMMIT DRIVE, CONT'D FROM 7/15/02 Trustee Wylie seconded the motion. The motion passed unanimously. OLD BUSINESS REQUEST FOR A DRIVEWAY WIDTH Since the previous meeting, Steve Fisher of VARIATION, 168 ESTATE DRIVE, HELD 168 Estate Drive and his contractor have OVER FROM 7/15/02 looked into possible ways of improving access into Mr. Fisher's 3 -car garage. Mr. Fisher presented three options for the Board to consider. He commented that he would be happy to accept Option #1, which is the suggestion Trustee Wylie made at the previous meeting, to add a 5' x 5' approach on one side of his driveway and remove a section of the same size from the opposite side of the driveway. Mr. Fisher noted that he would still like to fill in the 1' x 15' section of grass with concrete, as requested previously. Mr. Franz reported that staff has studied Option #1 and feels that no Board action is required for that option. Mr. Fischer may proceed by simple permit. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR FRONT YARD hearing on July 2nd to consider the request of VARIATION, DUX DEVELOPMENT, 1426 Dux Development Inc. for a variation to allow NORTHWOODS DRIVE the redevelopment of the property at 1426 Northwoods Road. The variation, if granted, would allow construction of a new single family residence with a front yard setback of 45.6' in lieu of the established front yard setback of 84'. The BZA considered the fact that the proposed siting of the new home would minimize the ■ loss of mature trees on the property. In addition, the two -story portion would be placed at a distance of 75' from the front property line, leaving only the one- Board of Trustees Meeting August 5, 2002 Page 3 of 8 story garage projecting forward to the same setback as the existing garage. There were, however, numerous objections from neighbors. Therefore, on a motion to recommend approval of the variation as requested, with an added provision requiring an arboreal expert to provide an inventory of "specimen trees ", the BZA failed to recommend the request be granted. The vote was 4 -1, with one member recusing herself. David Shorvitz of Dux Development explained that the best placement for the new house is in the same spot as the old house. This positioning would prevent ponding and save trees. BZA Chairperson Bob Speckmann reported that he had voted in favor of the petitioner's request. He feels the character of the neighborhood would be preserved, and he agreed with Mr. Shorvitz that drainage and mature trees would not be adversely affected. In response to a request for clarification from Trustee Rosenthal, Mr. Speckmann explained that when the old house was built, it conformed to the requirements of the Zoning Code. However, since that time the Zoning Code has changed. To conform to the revised code, the new house needs an 84' setback, which is the average for homes on the block. Speaking on behalf of the Northwoods Road Homeowners Association, Allen Lefkovitz stated his group's opposition to the variation, noting that many of the standards for granting a variation have not been met. A number of other Northwoods Road homeowners spoke as well. All were against the home being built in the location proposed by the developer, commenting that drainage and the character of the neighborhood would be adversely affected. They had varying opinions regarding the best setback for the house. Board members spent several minutes discussing the matter. Mayor Harris then reminded Board members that voting to accept the BZA's recommendation means that the petitioner's request for a variation will be denied. Attorney Rosenthal added that, if the Board wishes to overturn the BZA's recommendation and grant the variation, four votes in favor of doing so will be required. In this case, the Mayor would not be permitted to vote to break a tie. Trustee Ragona made a motion to accept the Report and Recommendation of the BZA, therefore denying the petitioner's request. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT AND RECOMMENDATION OF BZA The BZA held a public hearing on July 2nd to RE REQUEST FOR FRONT YARD consider the request of Mr. and Mrs. Garo VARIATION, EMERZIAN, 801 KENTON Emerzian for a variation to allow construction of an additional garage stall and second floor addition for their home at 801 Kenton Road. The proposed structure would encroach approximately 12.1' into the 50' required front yard. On a motion to recommend approval of the variation as requested, the vote was 4 -2 to approve. Mr. Speckmann noted that he was one of the two BZA members to vote against the petitioner's request as he saw no uniqueness to the petitioner's situation. Mr. Emerzian commented that, although the front of his house faces Kenton Road and his side yard faces Deerfield Road,. legally his front yard is the Deerfield Road side. Because of this, Code would Board of Trustees Meeting August 5, 2002 Page 4 of 8 permit the Emerzians to build to within 15' of Kenton Road with no variance required, but this is not the direction in which they wish to expand. Trustee Rosenthal agreed that building to within 15' of Kenton would not be desirable since, for the rest of Kenton, this is the front yard area which requires a greater setback. After further discussion of setbacks and other matters, Trustee Ragona made a motion to accept the Report and Recommendation of the BZA to permit the petitioner's request for a variation. Trustee Swanson seconded the motion. The motion was as follows: AYES: Kayne, Ragona, Seiden (3) NAYS: Rosenthal, Swanson, Wylie (3) The vote being tied, Mayor Harris voted "Aye ". The variance is therefore granted. The attorney will prepare an ordinance. REPORT AND RECOMMENDATION OF BZA RE REQUEST FOR A SIDE YARD VARIATION, 1422 HACKBERRY REPORT AND RECOMMENDATION OF PLAN COMMISSION RE REQUEST FOR FINDING OF SUBSTANTIAL CONFORMANCE TO REPOSITION THE OUTLOT BUILDINGS, DEERBROOK MALL, TABLED 7/15/02 and the parking around it. By a Commission voted in favor of the The petitioner has withdrawn his request for this variation. The Plan Commission held a workshop meeting on June 13th to consider a request from the redevelopers of Deerbrook Mall to reposition the previously approved northern outlot building approximately 150' to the south and to reconfigure the southern outlot building vote of 6 -0, with one member recusing, the Plan petitioners' request. Trustee Rosenthal made a motion to remove the matter from the table. Trustee Swanson seconded the motion. The motion passed unanimously. Mike McCall of Lend Lease and architect David Marks were in attendance. They explained that existing large tenants of the mall have the right of approval over the placement of the outlot buildings, and some of those tenants did not accept the originally approved location. Mr. Marks noted that, contrary to information given to the Board previously, there is to be no change in the number of parking spaces. Trustee Ragona moved to accept the Report and Recommendation of the Plan Commission. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Ragona, Rosenthal Seiden, Swanson Wylie (5) NAYS: Kayne'(1) REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR A TEXT June 27th. It is their recommendation that a AMENDMENT TO ALLOW A DANCE STUDIO text amendment be made to the Zoning Ordinance AS A SPECIAL USE IN THE I -2B to allow a self improvement facility in the OUTLYING LIMITED INDUSTRIAL I -2B Outlying Limited Industrial District as a DISTRICT, AND A SPECIAL USE TO Special Use, and that Heart and Sole's request ALLOW THE HEART & SOLE DANCE STUDIO for a Special Use to allow a dance studio to 1 1 1 Board of Trustees Meeting August 5, 2002 Page 5 of 8 AT THE DEERFIELD TECH CENTER, 111 DEER LAKE ROAD operate at 111 Deer Lake Road be approved. The motion passed 5 -0. Attorney Steven Elrod and C. J. Koenig of Elite Force Entertainment, which operates Heart and Sole Dance and Fitness Studios, including one that operated until recently at Deerbrook Mall, were in attendance. Mr. Koenig explained that they outgrew the space at Deerbrook Mall, and the purpose of the move is to provide additional space for expansion of the business. Mr.. Elrod added that the new location is much safer for drop off and pick up of students than was the Deerbrook Mall location. After discussion, Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Mr. Elrod commented that in order for the studio to be ready to open in time for the fall school dance programs, they will be asking the Board at the next meeting to waive the second reading of the ordinance. REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION RE REQUEST FOR A TEXT July 11th. It is their recommendation that a AMENDMENT TO ALLOW A ROAD TESTING text amendment be made to the Zoning Ordinance FACILITY IN THE C -2 OUTLYING to allow a road testing facility in the C -2 COMMERCIAL DISTRICT, AND A SPECIAL Outlying Commercial District as a Special Use, USE FOR A ROAD TESTING FACILITY AT and the Illinois Secretary of State's Office LAKE COOK PLAZA FOR THE ILLINOIS request for a Special Use to allow a road SECRETARY OF STATE testing facility in Lake Cook Plaza be approved, with the condition that the road testing facility be limited to automobiles only, and no motorcycles or trucks would be allowed to be road tested at this facility. The motion passed 4 -0. Assistant General Counsel Terrence McConville, representing-the Secretary of State's Office and Mark Delaverne of Metro Transportation Group were in attendance. Mr. McConville reported that they were forced to relocate from Deerbrook Mall, and in so doing lost the grandfather clause which allowed them to do road testing at the Deerbrook facility. He added that, if the request is approved, they would like to begin road testing right away. .After discussion, primarily regarding parking, Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) Although the ordinance will not be voted on for two more meetings, Board members stated they have no objection to the petitioners beginning the road testing right away. Board of Trustees Meeting August 5, 2002 Page 6 of 8 REPORT AND RECOMMENDATION OF PLAN The Plan Commission held a public hearing on COMMISSION AND REPORT AND RECOM- June 13th. It is their recommendation that MENDATION OF VCDC RE REQUEST FOR Deerfield Square's request for an amendment to AN AMENDMENT TO AN APPROVED SIGNAGE a sign plan, and their request for approval of PLAN TO ALLOW 3 TENANT DIRECTIONAL tenant identification signs, including the SIGNS AND A TEXT AMENDMENT TO THE necessary text amendment to the Zoning ZONING ORDINANCE, DEERFIELD SQUARE ordinance to allow the signs, be approved. The motion passed 7 -0. The VCDC also met regarding this matter. It is their opinion that the requested signs are appropriate and in keeping with the architectural integrity of Deerfield Square. The motion passed 7 -0 with one member abstaining. Deerfield Square developer Chuck Malk and Katie Conroy of Whiteway Signs were in attendance. Trustee Wylie commented that he is not in favor of having signs which are a right -of -way away from the business being advertised. These businesses already have signage fronting them, and the restaurants have already received a variation for blade signs. Mr. Malk explained that the businesses west of Robert York Road are suffering from being separated from the main part of Deerfield Square. This is especially true since the closing of the access road at Coromandel. Mr. Malk added that Building 9 has been difficult to rent due to the lack of traffic on Robert York Avenue. After further discussion, Trustee Rosenthal made a motion to accept the Report and Recommendation of the Plan Commission and the Report and Recommendation of the VCDC and to direct preparation of an ordinance. Trustee Ragona seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) The petitioner asked if the Second Reading can be waived. Mr. Franz asked that the request be put in writing, and the Board will make that decision at the next meeting. REPORT AND RECOMMENDATION OF Mayor Harris recommended that Tom Dahlberg be MANPOWER COMMISSION appointed to the Appearance Review Commission and that Daniel Ziemba be appointed to the Energy Advisory and Resource Recovery Commission. Trustee Rosenthal so moved. Trustee Ragona seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE 0 -02 -27 AMENDING ZONING An ordinance amending the Zoning Ordinance to ORDINANCE TO PROVIDE FOR DEVELOP- provide for development identification signs MENT IDENTIFICATIONS SIGNS IN C -1 'in the C -1 Village Center Commercial District. VILLGE CENTER COMMERCIAL DISTRICT Second Reading. ORDINANCE 0 -02 -28 AMENDING SIGNAGE An ordinance amending the Signage Plan to PLAN TO ALLOW 2 GROUND DEVELOPMENT allow two ground development identification SIGNS, DEERFIELD SQUARE signs for Deerfield Square. Second Reading. 1 Board of Trustees Meeting August 5, 2002 Page 7 of 8 ORDINANCE 0 -02 -29 AMENDING THE An ordinance amending the Municipal Code to MUNICIPAL CODE RE NAME CHANGE FROM change the name of the Energy Advisory & ENERGY ADVISORY & RESOURCE RECOVERY Resource Recovery Commission to the Energy COMMISSION TO ENERGY & RECYCLING and Recycling Commission. Second Reading. COMMISSION ORDINANCE APPROVING RECONFIGURATION An ordinance approving an amendment to a OF SOUTH PARKING LOT AT CADWELL commercial planned unit development, including CORNERS SHOPPING CENTER, NORCOR the necessary variations, to permit the CADWELL ASSOCIATES LLC AND reconfiguration of the south parking area of NEWCASTLE PARTNERS Cadwell Corners Shopping Center. First ORDINANCE AMENDING A PLANNED UNIT DEVELOPMENT TO PERMIT PERMANENT CLOSURE OF NORTHERN ACCESS ROAD TO COROMANDEL Reading. An ordinance amending a planned unit develop- ment to permit permanent closure of the northern access road to Coromandel. First Reading. Trustee Ragona made a motion for passage of the Consent Agenda and adoption of the ordinances. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, NAYS: None (0) a waiver of the rules to be passed on First Reading and declined Rosenthal, Seiden, Swanson, Wylie (6) Mr. Franz noted that Coromandel had asked for to permit the ordinance regarding closure of the access road Reading. Board members felt that there should be a Second �oromandel's request. NEW BUSINESS ORDINANCE INCRASING NUMBER OF A request has been made by the owners of CLASS E LIQUOR LICENSES FROM 18 Demitri's Seafood and Greek Restaurant, 660 TO 19, DEMITRI'S SEAFOOD AND GREEK Lake Cook Road, for a Class E liquor license. RESTAURANT, 660 LAKE COOK ROAD The restaurant will be opening in September. This will stand as a First Reading. DTRrTTSRTI N POWER OUTAGES Over the past six weeks, there have been a number of power outages in certain sections of Deerfield. Mr. Franz reported that Commonwealth Edison has been and will continue to address the problems. He and Mayor Harris will be meeting with Commonwealth Edison representatives to discuss the matter. SWALCO ORDINANCE Mr. Franz reported that Board members should have received in their packets an ordinance proposal from SWALCO regarding space allocation for storage of recycling materials in new construction or when a change in use occurs. Staff has looked at the ordinance and suggests that the Plan Commission be authorized to review it. Board members agreed that the Plan Commission should look at it. ! r ry Board of Trustees Meeting August 5, 2002 Page 8 of 8 ADJOURNMENT There being no further business to discuss, Trustee Ragona made a motion to adjourn the meeting. Trustee Kayne seconded the motio� motion passed unanimously. The meeting was adjourned at 9:52 P.M. ATTEST: Village Clerk yor 1