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.
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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.
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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)
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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.
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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)
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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
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Board of Trustees Meeting
January 20, 2004
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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:
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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.