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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; 3.1 18• 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 3.19 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. 3.20 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 1 1 1 1 1 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. 2 4 �- 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 1 1 1