01/05/200413.1 �7
January 5, 2004
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, January 5, 2004, at 7:30 P.M. The Clerk called the roll and announced
that the following were:
Present: Steve Harris, Mayor
Robert Benton
Harriet Rosenthal
William Seiden
Vernon Swanson
Matthew Wylie
Absent: Jerry•Kayne
and that a quorum was present and in attendance. Also present were Village
Attorney Peter Coblentz and Village Manager Robert Franz.
PLEDGE OF ALLEGIANCE Mayor Harris led those in attendance in
reciting the Pledge of Allegiance.
APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve the
minutes of the December 15th Board of Trustees
meeting and the December 15th Committee of the Whole meeting. Trustee Benton
seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Wylie moved to approve the Bills and
Payroll.. Trustee Seiden seconded the motion.
The motion passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
PUBLIC COMMENT There.was no public comment on non - agenda
items.
REPORTS
REPORT AMD RECOMMENDATION OF PLAN
The,Plan Commission held a public hearing on
COMMISSION RE REQUEST FOR REZONING
December 11th. It is their recommendation that
FROM R -5, GENERAL RESIDENTIAL
the request of West Deerfield Township for
DISTRICT TO P -1, PUBLIC LANDS
approval of a rezoning of the properties at
DISTRICT; SPECIAL USE FOR PROPOSED
601 and 607 Deerfield Road from R -5 General
FACILITY AND AMENDMENT TO VILLAGE
Residential District to P -1 Public Lands
CENTER PUD TO PERMIT A NEW FACILITY
District, approval of a special use to permit
AT 601 AND 607 DEERFIELD ROAD,
the development of a new facility for West
WEST DEERFIELD TOWNSHIP
Deerfield Township, and an amendment to the
Deerfield Centre PUD be approved with the
following recommendations:
•, Relocate the flag poles to the north side of the building from the south side
of the building;
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Board of Trustees meeting
January 5, 2004
Page 2 of 8
• Move the parking lot lighting away from the residential areas. (The Plan
Commission suggested eliminating the two east light poles in the parking lot
and double heading the two western light poles);
• Adjust the timing of the lights so that the parking lot lights go out when the
building is not in use (not including security lights or bollard lighting);
• Relocate the air conditioning condenser unit from the east side to the south
side of the building.
The Plan Commission also recommends that the cross easement agreement between the
Township and Northern Realty be completed and signed by the time of the Board of
Trustees meeting. They would also like to verify that the proposed building meets
the new residential bulk ordinance (even though the ordinance does not apply to
property zoned P -1 Public Lands District). The motion passed 5 -0.
Architect Daniel Robison was in attendance to
present the plan, which calls for a 4300 square foot two story building which will
have offices for West Deerfield Township and the Assessor on the main floor and
meeting rooms and a board room on the second floor. There will also be a
basement, which will contain the food panty, miscellaneous storage space, and
possibly a small office.. The building will be located as far forward as possible
on the 19,800 square foot lot to provide maximum-buffering for nearby residences.
There will be landscaping and fencing on the south and east. The Deerfield Centre
parking lot will be reconfigured to provide access to the building.
Larry Schmidt, 525 Deerfield Road, commented
that he opposes the zoning change, which he feels will decrease the value of his
property.
After further discussion Trustee Wylie made a
motion to accept the report and recommendation of the Plan Commission re 601 and
607 Deerfield Road, with the exception of the Plan Commission's suggestion that
the two east light poles'in the parking lot be eliminated, and to direct
preparation of an ordinance. Trustee Benton seconded the motion. The motion
passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
REPORT AND RECOMMENDATION OF
RESIDENTIAL REDEVELOPMENT REVIEW
TASK FORCE RE CONSTRUCTION
MANAGEMENT ISSUES
construction areas. Other matters
construction traffic, construction
Trustee Seiden reported that the Residential
Review Task Force has been meeting to discuss
various construction management issues. Their
primary recommendation is that the Village
require that a 6' fence be placed around
addressed during the meetings were dumpsters,
debris, and portable toilets. Trustee Seiden
Discussion of the
proposal followed. Trustee
Rosenthal noted that
the petitioner
has agreed to all
of the Plan Commission
recommendations, with
the exception
of the suggestion
that the two east light
poles in the parking
lot be eliminated and the two western
light poles be double
headed. Mr. Robison
responded that,
unless they are
raised, the light provided
the poles on the west
will be inadequate, and raising
the poles will make them
more visible from nearby
residences.
Trustee Wylie agreed
with the petitioner's
assessment.
Larry Schmidt, 525 Deerfield Road, commented
that he opposes the zoning change, which he feels will decrease the value of his
property.
After further discussion Trustee Wylie made a
motion to accept the report and recommendation of the Plan Commission re 601 and
607 Deerfield Road, with the exception of the Plan Commission's suggestion that
the two east light poles'in the parking lot be eliminated, and to direct
preparation of an ordinance. Trustee Benton seconded the motion. The motion
passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
REPORT AND RECOMMENDATION OF
RESIDENTIAL REDEVELOPMENT REVIEW
TASK FORCE RE CONSTRUCTION
MANAGEMENT ISSUES
construction areas. Other matters
construction traffic, construction
Trustee Seiden reported that the Residential
Review Task Force has been meeting to discuss
various construction management issues. Their
primary recommendation is that the Village
require that a 6' fence be placed around
addressed during the meetings were dumpsters,
debris, and portable toilets. Trustee Seiden
Board of Trustees meeting
January 5, 2004
Page 3 of 8
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Margie Stone, 531 Hermitage, commented that
she favors the recommendations but feels the construction fence provision may
cause an undue financial burden on someone whose project is already underway and
may not have budgeted for it. Trustee Benton responded that most contractors own
construction fences that they can put up, or they can be rented. Also, if
neighboring properties are fenced, only a partial construction fence may be
needed.
Trustee Benton inquired if the ordinance
preventing construction work on holidays, also on this meeting's agenda, should be
tied in with this agenda item. It was decided that the two issues should be kept
separate.
Trustee Rosenthal made a motion to accept the
report of the Residential Redevelopment Review Task Force and to direct
preparation of an ordinance. Trustee Benton seconded the motion.
Trustee Wylie suggested several changes to the
ordinance, which were discussed by trustees and staff. It was decided that some
of these are provided for in other ways and do not need to be made a part of the
ordinance, but it will be made part of the ordinance that:
• fencing must be erected prior to delivery of any materials or equipment, and
• there will be language that placement of portable toilets should be in the
least offensive workable location.
After further discussion, the motion passed
unanimously.
REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public
RE REQUEST FOR FRONT YARD hearing on December 2nd to consider the request
VARIATION - BRUCE TANDENT AND JOHN of Bruce Tandent and John Anderson for a
ANDERSON, 1416 NORTHWOODS DRIVE variation to allow the redevelopment of the
property at 1416 Northwoods Road. The
variation, if granted, would allow construction of a new single family residence
with a front yard setback of 50' in lieu of the established front yard setback of
841. On a motion to recommend approval of the variation, the vote was two for and
five against. The petitioners' request is therefore denied.
BZA Chairperson Robert Speckmann explained
that this property is only about half as deep as most other properties in the
neighborhood, so setting the new house 84' back in the lot to meet the established
front yard setback is not practical. He added that, although the BZA turned down
the request, they suggested that the Northwoods residents and the petitioners try
to negotiate a compromise. This was done, and a compromise plan is being
presented by the petitioner tonight for Board consideration.
added that,
since this is an important
safety issue, if the Board approves the
task force's
recommendations, he will
ask for a waiver of the rules at the next
meeting so the
ordinance can be passed
on First Reading and take effect ten days
thereafter.
Staff will be asked to contact anyone with a construction project in
progress, as
projects already underway
will not be grandfathered and, depending on
their stage
of completion, may have to
comply with the new regulations.
Margie Stone, 531 Hermitage, commented that
she favors the recommendations but feels the construction fence provision may
cause an undue financial burden on someone whose project is already underway and
may not have budgeted for it. Trustee Benton responded that most contractors own
construction fences that they can put up, or they can be rented. Also, if
neighboring properties are fenced, only a partial construction fence may be
needed.
Trustee Benton inquired if the ordinance
preventing construction work on holidays, also on this meeting's agenda, should be
tied in with this agenda item. It was decided that the two issues should be kept
separate.
Trustee Rosenthal made a motion to accept the
report of the Residential Redevelopment Review Task Force and to direct
preparation of an ordinance. Trustee Benton seconded the motion.
Trustee Wylie suggested several changes to the
ordinance, which were discussed by trustees and staff. It was decided that some
of these are provided for in other ways and do not need to be made a part of the
ordinance, but it will be made part of the ordinance that:
• fencing must be erected prior to delivery of any materials or equipment, and
• there will be language that placement of portable toilets should be in the
least offensive workable location.
After further discussion, the motion passed
unanimously.
REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public
RE REQUEST FOR FRONT YARD hearing on December 2nd to consider the request
VARIATION - BRUCE TANDENT AND JOHN of Bruce Tandent and John Anderson for a
ANDERSON, 1416 NORTHWOODS DRIVE variation to allow the redevelopment of the
property at 1416 Northwoods Road. The
variation, if granted, would allow construction of a new single family residence
with a front yard setback of 50' in lieu of the established front yard setback of
841. On a motion to recommend approval of the variation, the vote was two for and
five against. The petitioners' request is therefore denied.
BZA Chairperson Robert Speckmann explained
that this property is only about half as deep as most other properties in the
neighborhood, so setting the new house 84' back in the lot to meet the established
front yard setback is not practical. He added that, although the BZA turned down
the request, they suggested that the Northwoods residents and the petitioners try
to negotiate a compromise. This was done, and a compromise plan is being
presented by the petitioner tonight for Board consideration.
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Board of Trustees meeting
January 5,_2004
'Page 4 of 8.
Representing the petitioners, David McCarty of
Chicago Design Network, explained that they are now requesting a front yard
setback of 60' instead of the originally proposed 50'. The current house has a
setback of 531. Mr. McCarty added that this compromise has been agreed to by the
Northwoods homeowners association.
Ed Rosen, representing his children, who live
at 860 Northwoods Drive, commented that he has no opposition to building the house
with a 60' setback.
Alan Lefkovitz, 835 Northwoods, stated that
there is no formal Northwoods homeowners association, but he and the only other
Northwoods resident at this Board meeting both favor the compromise, and he feels
that other neighbors favor it as well.
Trustee Wylie commented that, given the fact
that this property is only about half as deep as neighboring properties, the owner
has very few options, and he feels that the 60' setback is a fair compromise.
Trustee Seiden stated that he is against the
variation. In his opinion the proposed two -story house will overpower the ranch
style house next door and should not be permitted.
Mr. McCarty advised that the current residence
is a very small ranch'style house with a 6' basement height. It has little
potential for being rehabbed. Because of its nonconformity, it cannot be built
out or up.
Mayor Harris commented that at the next
meeting he would like for the petitioners to provide written or oral testimony
from the owners of the properties contiguous to 1416 Northwoods Road regarding
their approval of or opposition to the modified proposal.
After further discussion, Mr. Coblentz
explained that in order to overturn the Board of Zoning Appeals recommendation,
there must be four votes in favor of doing so. The motion would be to reject the
BZA recommendation and approve a variation allowing construction of a new single
family residence with a front yard setback of 601, as modified by the petitioner,
in lieu of the established front yard set back of 841.
Mayor Harris commented that approval should be
contingent upon evidence at First Reading of approval by the contiguous neighbors.
Trustees discussed whether this requirement is appropriate, and it was decided
that it is appropriate to require the petitioner to provide the information.
Trustee Wylie made a motion to reject the
report and recommendation of the Board of Zoning Appeals regarding 1416 Northwoods
and approve'a modified request for a front yard setback of 60' instead of the
originally requested 50' setback, with a strong recommendation that the petitioner
seek evidence of agreement by all contiguous homeowners. Trustee Rosenthal
seconded the motion.
Rick Johnstone suggested that input be sought
not only from contiguous property owners but also from property owners across the
street. Trustees agreed that this was appropriate.
Board of Trustees meeting
January 5, 2004
Page 5 of 8
Clint Case commented that this matter should
perhaps be referred back to the BZA, but trustees decided against this step.
After further discussion the motion passed by
the following vote:
AYES: Benton, Rosenthal, Swanson, Wylie (4)
NAYS: Seiden (1)
REPORT AND RECOMMENDATION OF BZA This agenda item is being held over until the
RE REQUEST FOR FRONT YARD next meeting at the request of the petitioner.
VARIATION, MR. AND MRS. RICHARD
SACKS, 510 BRIERHILL ROAD
CONSENT AGENDA
Mayor Harris asked that the items on the
Consent Agenda be considered separately.
ORDINANCE 0 -04 -01 APPROVING FINAL An ordinance approving the final plat of
PLAT OF SUBDIVISION, 140 BIRCHWOOD subdivision for 140 Birchwood. Second
Reading.
Trustee Rosenthal made a motion to adopt the
ordinance. Trustee Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
ORDINANCE AUTHORIZING SPECIAL USE An ordinance authorizing a special use to
TO PERMIT ADDITION TO HOLY CROSS permit a 4900 square foot addition to Holy
CHURCH, 724 ELDER LANE Cross Church. First Reading.
Kevin Schmitt, 1011 Springfield Avenue,
reported that he has several concerns about the church remodeling. These include:
(1) There is a potential.for increased water drainage problems, (2) A height
variation should not be granted in what is primarily a residential neighborhood,
and (3) The modified church will be too visible from Waukegan Road. Board members
spent several minutes addressing Mr. Schmitt's concerns. Mayor Harris suggested
that Mr. Schmitt discuss his concerns with his neighbors, and if they too are
concerned, to come back to discuss the matter at the next meeting, when it will be
on the agenda for a Second Reading.
OLD BUSINESS
ORDINANCE AMENDING MUNICIPAL CODE
An ordinance amending the
Municipal Code to
TO PREVENT CONSTRUCTION WORK ON
prevent construction work
on holidays. First
HOLIDAYS.
Reading.
Mr. Coblentz reported that
existing
regulations regarding construction
hours are contained in the
Village's noise
3'2 .2 Board of Trustees meeting
January 5, 2004
Page 6 of 8
ordinance. He suggested that a new section be added to the building code chapter,
making the regulations a condition of building permits. Mr. Coblentz also
suggested adding an exception for emergencies that occur on holidays.
Trustees discussed whether the holidays should
be specified. They agreed that the holidays will be New Year's Day, the day on
which Memorial Day is observed, July 4th, Labor Day, Thanksgiving Day and Christmas
Day.
Barbara Struthers inquired who would be
impacted by the ordinance, as she wouldn't want hobbyists and homeowners to lose
their right to work on Sundays. Mrs. Struthers, and subsequently Mrs. Stone, were
assured that only those projects requiring a building permit would be impacted by
the ordinance, although the Village does have discretion to stop other projects in
cases where a neighbor calls to complain about noise or some other issue.
ORDINANCE INCREASING NUMBER OF An ordinance increasing the number of Class E
CLASS E LIQUOR LICENSES FROM 18 TO liquor licenses from 18 to 19 for Rhapsody
19, RHAPSODY CAFt Cafe, located in the former Sage Hen space.
First Reading.
Owner James Zouras, a Deerfield resident, was
in attendance. He advised that the restaurant will be open from 6:00 A.M. until
10:00 P.M. and will serve breakfast, lunch and dinner beginning January 19th. The
upstairs terrace will be used during the warm weather months.
RESOLUTION R -04 -01 RE RELEASE OF
SURPLUS FUNDS FROM THE LAKE COOK
ROAD TAX INCREMENT FINANCING
DISTRICT
receive $4,773,078. Mr. Fialkowski
almost $97,000,000 has been rebated
Bob Fialkowski reported that $9,652,569 is
available for rebate from the Lake Cook Road
Tax Increment Financing District. Of this
amount, Lake County taxing bodies will receive
$4,879,491 and Cook County taxing bodies will
noted that over the past thirteen years,
to the two counties.
Trustee Rosenthal made a motion -to adopt a
resolution authorizing rebates in the amount of $9,652,569. Trustee Wylie
seconded the motion. The motion passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
ORDINANCE DISSOLVING LAKE COOK The Lake Cook Road TIF District (TIF 1) is set
ROAD TAX INCREMENT FINANCING to expire in March 2005. Mr. Fialkowski is
DISTRICT recommending that the Village terminate it
early, on December 31, 2004. The district has
completed all of its projects, and there are no outstanding debs. Keeping the
district until March 2005 will result in the full year 2005 tax increment coming
to the Village in 2006, which the Village will be required to return to the taxing
bodies. Early termination allows the taxing bodies to access the increase in
their 2005 levies.
This will stand as a First Reading.
DISCUSSION RE LIGHTS AT DEERFIELD Trustee Wylie reported that only $60,000 -
HIGH SCHOOL ATHLETIC FIELD $70,000 of the $140,000 needed for lights at
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Board of Trustees meeting
January 5, 2004
Page 7 of 8
-32 ; 3
the Deerfield High School athletic field has been raised. The lights will be an
agenda item at the January 22nd Plan Commission meeting. Trustee Wylie noted that
timing is an important issue. Due to the process that must be followed before
construction can begin, it is unlikely that construction could be started before
June 21st, leaving only five weeks before the school would like to have the lights
operational.
AUTHORIZATION TO AWARD CONTRACT Three concepts have been prepared by Civiltech
FOR ENGINEERING SERVICES, DEERFIELD Engineering for the improvement of Deerfield
ROAD IMPROVEMENTS, VIADUCT TO Road from the viaduct west to Castlewood Lane.
CASTLEWOOD LANE These are:
1. Widen Deerfield Road 2' on each side
left turns;
2. Resurface the road with no changes;
3. Widen the road to add turning lanes
in order to create a center lane for
only at Jonquil and Appletree.
All three options include (a) improving the Chestnut /Deerfield intersection by
creating a left turn lane for northbound traffic on Chestnut and (b) signalization
upgrades at the Wilmot Road intersection. Other issues to be decided are whether
or not to pursue acquisition of right -of -way from the owners of 755 Chestnut so
that the alignment of Chestnut Street at Deerfield Road can be improved and
whether or not to pursue having Commonwealth Edison underground the electric
lines, the cost of which would be at least $1,500,000. Timing of the project is
important, as in 2005 Cook County may be working on the widening of Lake Cook Road
between Waukegan Road and Pfingsten. The Village must select and complete the
Deerfield Road project before the Lake Cook Road project begins.
Harry Gilmore of Civiltech Engineering
summarized the three options for the Deerfield Road rehabilitation, as well as the
potential of each for federal and Lake County funding. Alternate 1 has a total
cost of $2,876.,000, with a Village share of $816,000. Alternate 2 has a total
cost of $1,922,000, with no eligibility for funding from either Lake County or the
federal government. Alternate 3 has a total cost of $2,701,000, with a Village
share of.$757,000. Mr. Gilmore explained that alternates 1 and 3 include
provisions for pedestrian crossings.
Trustees and staff discussed the various
options. Trustees felt that option 2 should be rejected since the Village would
have to bear the total cost. Mr. Gilmore commented that Civiltech can complete
the engineering work for either of the two other options in a timely manner, but
option 3 would require a more lengthy approval process, so construction during
2004 might not be possible.
Margie Stone stated her opinion that, in order
to make Deerfield Road as safe for pedestrians as possible, it should not be
widened, and steps should be taken to slow down traffic.
Trustees indicated a preference for option 3,
unless it turns out that funding is withdrawn for that option. It was agreed that
Civiltech will pursue option 3, and will return to the Board if modifications are
required to receive funding. The Board can then consider whether to continue with
a modified option 3 or support another option.
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�- Board of Trustees meeting
January 5, 2004
Page 8 of 8
Trustee Wylie made a motion to award the
contract for Phase 2 engineering design services for the Deerfield Road
rehabilitation project to Civiltech Engineering in an amount not to exceed
$215,000. The limit may be increased or decreased by subsequent agreement if
there are changes in the complexity or scope of the work. Trustee Rosenthal
seconded the motion. The motion passed by the following vote:
AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
Trustees agreed that acquisition of right -of-
way from the owners of 755 Chestnut and undergrounding of utility lines by
Commonwealth Edison should both be pursued.
nTGf flggTONI
ITEMS FROM THE VILLAGE MANAGER Mr. Franz reported that:
• Due to the Martin Luther King, Jr. holiday, the next Board of Trustees meeting
will take place on Tuesday, January 20th.
• Residents are asked to complete and return the police survey that appeared in
the most recent copy of D- Tales.
• Public works personnel did an excellent job with this year's first major
snowfall, especially considering that there were several water main breaks that
day as well.
ADJOURNMENT There b ng no fur her business to discuss,
Mayor rris adjou ned the meeting at 10:22
P.M.
ATTEST:
Village Clerk
Mayor
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