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01/20/20043'2 5 January 20, 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 Tuesday, January 20, 2004, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Jerry Kayne Harriet Rosenthal William Seiden Matthew Wylie Absent: Vernon Swanson and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE Cub Scout Den 5 Pack 50 from Wilmot Elementary School led those in attendance in reciting the Pledge of Allegiance. Each scout then talked about an activity in which the pack is participating. APPROVAL OF MINUTES Trustee Wylie made a motion to approve the minutes of the previous meeting. Trustee Seiden seconded the motion. Trustee Kayne pointed out two typographical errors. A motion to approve the minutes as amended passed unanimously. BILLS AND PAYROLL Trustee Wylie moved to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) TREASURER'S REPORT Robert Fialkowski presented highlights from the December Treasurer's Report. Sales tax received in December (for September sales) is a 5.4% increase over the same period last year and a 5.6% increase over the last twelve -month period versus the year before. Revenue is strong in building permits and water sales. Operating expenditures are under budget and are below projections. As of December 31, 2003, 100% of available cash was invested at an average interest rate of 2.81% compared to an average rate of .88% for the 90 -day Treasury Bill... REPORT ON DEPARTMENTAL OBJECTIVES, PUBLIC WORKS AND ENGINEERING Since Mrs. Little was not yet in attendance, it was decided to postpone the report until later in the meeting. PUBLIC COMMENT There was no public comment on non - agenda items. '32 `, f6 Board of Trustees Meeting January 20, 2004 Page 2 of 7 REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR FRONT YARD hearing on December 2, 2003. It is their VARIATION, MR. AND MRS. RICHARD recommendation that the request of Mr. and SACKS, 510 BRIERHILL ROAD (HELD Mrs. Richard Sacks, 510 Brierhill Road, for OVER FROM 1/05/04) variations be granted. The variations would permit the construction of a one story garage addition extending approximately 38.5' further into the front yard, leaving a front yard setback of approximately 107' in lieu of the 177' as specified in article 2.02 of the zoning ordinance and extending the line of the existing home easterly along, parallel to and set back 4.52' from the north property line in lieu of the minimum 101. The motion to recommend approval of the front yard variation passed by a vote of 5 -1 with one abstention. The motion to recommend approval of the side yard variation passed by a vote of 4 -3. Mr. and Mrs. Sacks were in attendance, along with their architect Chuck Cook. Mr. Sacks reported that a high priority was to be forthright with his neighbors about the project. To that end he met personally with residents of each address requiring legal notification, and he has signed letters of support from most of them. Other goals, both of which have been met, were to preserve all of his trees and to preserve the character of the existing house. Mr. Cook described the proposed renovation, which consists of (a) a two -story addition in the rear of the house that will allow for a family room and an expanded kitchen on the first floor and a master suite on the second floor and (b) a three -car attached garage on the front of the house. Mr. Cook explained that both components of the project require variances because the entire existing home, built in 1928, sits within the front yard setback requirement. The proposed garage-also needs a side yard variance in order to align it properly with the house. Mr. Cook advised that placing the garage further south would block light into the house and would require the removal of trees. He described other garage plans that had been considered and the shortcomings of each. Berle Schwartz, representing Harvey and Ruby Bender, who live directly north of the Sacks at 520 Brierhill Road, explained that the proposed additions will cause there to be a 106' sidewall instead of the 23' sidewall that currently exists, causing a massive disruption of the Bender's view. Mr. Schwartz added that the petitioners' house, which already had less front yard setback than most other homes on the street, will have even less setback if the garage is permitted. Mrs. Bender reiterated that the 106' wall that would be created by the three -car garage, the current house, and the addition at the back of the house is unacceptable. Michael Miller of 427 Brierhill, Mitchell Dolens of 427 Brierhill, and Nancy Fertig of 421 Brierhill each expressed support for the Sacks' proposal. After further discussion, Mayor Harris called on BZA Chairperson Bob Speckmann, who summarized the petitioners' request and the reasons that the variances are needed. 1 1 Fl� 327 Board of Trustees Meeting January 20, 2004 Page 3 of 7 Trustees discussed the matter for several minutes, after which Trustee Rosenthal suggested that the two variances be voted on separately, as she supports the two story addition on the back of the house but not the garage addition on the front of the house. Trustee Wylie commented that he too would like for there to be two separate votes. After discussion, it was decided that the two issues would be taken separately. Trustee Rosenthal moved to approve the BZA recommendation in favor of the front yard variation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Trustee Wylie moved to approve the BZA recommendation in favor of the sideyard variation. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden (3) NAYS: Rosenthal, Wylie (2) Both motions having passed, the Village attorney will prepare an ordinance. At 8:35 Mayor Harris called for a brief recess.. He reconvened the meeting at 8:37. ORDINANCE REZONING PROPERTY, AUTHORIZING A SPECIAL USE, AND APPROVING AN AMENDMENT TO THE DEERFIELD CENTRE PUD TO PERMIT A NEW OFFICE FACILITY FOR WEST DEERFIELD TOWNSHIP, 601 & 607 DEERFIELD ROAD CONSENT AGENDA An ordinance rezoning property, authorizing a special use, and approving an amendment to the Deerfield Centre PUD to permit a new office facility for West Deerfield Township at 601 and 607 Deerfield Road. First Reading. ORDINANCE 0 -04 -02 INCREASING An ordinance increasing the number of Class E NUMBER OF CLASS E LIQUOR LICENSES liquor licenses from 18 to 19 for Rhapsody FROM 18 TO 19, RHAPSODY CAFE Caft (former Safe Hen location). Second Reading. ORDINANCE 0 -04 -03 DISSOLVING LAKE An ordinance dissolving the Lake Cook Road Tax COOK ROAD TAX INCREMENT FINANCING Increment Financing District on December 31, DISTRICT 2004. Second Reading. Trustee Seiden moved for acceptance of the Consent Agenda and adoption of the two ordinances. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ,32:8 :8 Board.of Trustees Meeting January 20, 2004 Page 4 of 7 ORDINANCE 0 -04 -04 AUTHORIZING SPECIAL USE TO PERMIT AN ADDITION TO HOLY CROSS CHURCH OLD BUSINESS An ordinance authorizing a special use to permit a 4900 square foot addition to Holy Cross Church, 724 Elder Lane. Second Reading. Trustee Rosenthal moved for adoption of the ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ORDINANCE APPROVING FRONT YARD An ordinance approving a front yard variation VARIATION, BRUCE TANDET AND JOHN for 1416 Northwoods Drive. First Reading. ANDERSON, 1416 NORTHWOODS DRIVE Architect David McCarty reported that since the last meeting he has reached out to the Northwoods homeowners and has especially worked to gain the approval of the three homeowners most impacted by the proposed variation. Rosalie Villano, 850 Northwoods, commented that a 70' setback is preferable to the 60' setback proposed as a compromise measure at the last meeting. Mr. McCarty responded that changing the setback from the originally requested 50' to 60' is as much of a compromise as is possible. Katha Plack, 836 Northwoods (immediately south of the petitioner's property), commented that she supports the 60' setback, but no more than that. Moving the home any farther back on the lot would make it too close to her family room. Michael Solow, 1426 Northwoods, supports the 60' setback compromise. Bob Hodlick, President of the Northwoods Homeowners Association, reported that he polled the 46 residents of the street. Of the 20 signed responses he got back, 13 were against the proposal and 7 were in favor of it. There being no other comments, this will stand as a First Reading. ORDINANCE AMENDING MUNICIPAL CODE Trustee Kayne commented that the Martin TO PREVENT CONSTRUCTION WORK ON Luther King, Jr. holiday, Veterans Day, HOLIDAYS, SECOND READING Presidents Day, and Pulaski Day should be added to the list of holidays included in the ordinance. Trustees and several audience members discussed the ordinance as it exists at this time, whether or not to add holidays to the ordinance and, if so, which ones. Trustee Kayne made a motion to amend the proposed ordinance to add the State of Illinois holidays to those listed. Trustee Wylie seconded the motion. 1 1 3 2 j�9 Board of Trustees Meeting January 20, 2004 Page 5 of 7 After further discussion Trustee Seiden made a motion to table the matter until the next meeting in order to allow time for the list of holidays to be determined. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden (3) NAYS: Rosenthal, Wylie (2) ORDINANCE 0 -04 -05 RE CONSTRUCTION Trustee Seiden asked for a waiver of the rules MANAGEMENT ISSUES, FIRST READING to permit the ordinance to be adopted at First Reading. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Margie Stone questioned how the tree protection section of the ordinance would be administered. Staff provided clarification. Trustee Wylie suggested that Section 6.11 -3(3) be amended to provide for a one -day stop work order on the first violation (instead of on the third violation) and that in Section 6.11 -6(5) the word "readily" and the phrase "to the maximum extent feasible" be stricken. Trustee Seiden moved for adoption of the ordinance as amended. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) NEW BUSINESS REQUEST FOR FUNDING UNDER THE Richard Harris, owner of Deerfield Auto & Tire FACADE REBATE PROGRAM, DEERFIELD Clinic, 663 Waukegan Road, is requesting AUTO & TIRE CLINIC funding for improvements to his business under the Fagade Rebate program. Architect Philip Cohen described the proposed improvements, which have been approved by the ARC. The building improvements have a not to exceed cost of $105,036, with a maximum Village participation of $50,000, and the site improvements have a not to exceed cost of $50,831, with a 50% Village participation in the amount of $25,415. The Village would also waive the permit fees in the amount of $1,200, for a total maximum rebate of $76,615. It is anticipated that the project would be started and completed during the 2004 construction season. Trustee Rosenthal moved for acceptance of the ARC report and authorization to rebate up to $76,615 under the FaQade Rebate Program for improvements to the Deerfield Auto and Tire Clinic. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal,'Seiden, Wylie (5) NAYS: None (0) 33 0 Board of Trustees Meeting January 20, 2004 Page 6 of 7 APPROVAL OF SETTLEMENT RE 2000 Mr. Coblentz explained that, through no fault COOK COUNTY TAX RATE OBJECTION of its own, the Village has collected more money than it should in its Street and Bridge Fund tax. In order to have the money returned, Cook County has filed a tax rate objection, which will result in a refund to them of $5,400. Trustee Wylie moved to approve a settlement at the rate of 5 mills (approximately $5,400). Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION TO AWARD CONTRACT The Village has undertaken the replacement of FOR CMAQ APPLICATION RE PEDESTRIAN the pedestrian bridge over Deerfield Road UNDERPASS AT DEERFIELD ROAD AT THE adjacent to the METRA tracks. As part of that VIADUCT project, a study was done by McDonough Associates to determine the feasibility of installing a pedestrian underpass. The plan was reviewed and accepted by METRA. The Village was not successful, however, in its effort to have the pedestrian underpass added to the pedestrian bridge project that is to be completed as a joint project with Operation Greenlight funds. Staff would therefore like to apply for funding from the Congestion Mitigation and Air Quality Improvement Program (CMAQ), whose programs include engineering and construction funding with an 80% State /20% Local match. Staff estimates that its 20% share would be $160,000 - $200,000. McDonough Associates has provided a proposal to prepare the CMAQ application for a pedestrian underpass on the south side of Deerfield Road for a lump sum fee, including direct cost, of $8,000. Mrs. Little recommends that the Board accept their proposal. Trustee Wylie so moved. Trustee Benton seconded the motion. After discussion, the motion pas,sed by the-following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION TO RELEASE EXECUTIVE The Illinois Open Meetings Act requires that SESSION MINUTES PURSUANT TO THE every six months elected boards review minutes ILLINOIS OPEN MEETINGS ACT from all closed sessions and make available for public inspection those which no longer require confidentiality. Mr. Franz reported that there have been four sets of executive minutes since June, all of which can now be released with Board approval. In addition, previously held minutes from 4/9/02, 9/19/02, 10/21/02 and 3/3/03 can be released at this time. Trustee Rosenthal moved to release the executive session minutes. Trustee Wylie seconded the motion. The motion passed unanimously. REPORT ON DEPARTMENTAL OBJECTIVES, PUBLIC WORKS AND ENGINEERING next Board meeting. nTgrTTgCTnM After discussion it was decided that the Report on Departmental Objectives for Public Works and Engineering will be presented at the 1 r L I 1 1 3 31 Board of Trustees Meeting January 20, 2004 Page 7 of 7 TRUSTEE IN THE TOWN Trustee Seiden announced that the next Trustee in the Town will take place on January 24th from 9:00 -noon at the library. Trustees Benton and Wylie will participate. Also, the Residential Redevelopment Review Task Force, which usually meets on the third Tuesday of the month, is meeting instead on February 9th PLAN COMMISSION MEETING RESCHEDULED The Plan Commission public hearing regarding outdoor lights at Deerfield High School has been rescheduled until January 29th. In addition, an extra Plan Commission meeting has been scheduled for February 19th in order.to stay on schedule with the review of-the Comprehensive Plan. An.TOT1RNMFNT meeting. Trustee Rosenthal The meeting was adjourned at ATTEST: 11 • . �i . .- - There being no further business to discuss, Trustee Wylie made a motion to adjourn the seconded the motion. The motion passed unanimously. 9:50 P.M.