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02/02/2004332 February 2, 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, February 2, 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 Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE Members of Boy Scout Troop 153 from Holy Cross School, along with their leaders Michael Wolf and Joe Lechtner, led those in attendance in reciting the Pledge of Allegiance. Mayor Harris read a proclamation declaring February 8 -14, 2004, as Scouting Anniversary Week of the Boy Scouts of America in Deerfield. Trustee Rosenthal moved to accept the proclamation. Trustee Benton seconded the motion. The motion passed unanimously. Mr. Lechtner talked briefly about the activities of the troop, mentioning that four of the boys have maintained the rank of Eagle Scout. Each scout then introduced himself and mentioned an activity in which he participates'. APPROVAL OF MINUTES Trustee Kayne moved to approve the minutes of the previous meeting. Trustee Rosenthal 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, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) REPORT ON DEPARTMENTAL OBJECTIVES, Barbara Little presented highlights from the PUBLIC WORKS AND ENGINEERING Report on Departmental Objectives for Public Works and Engineering. Some highlights from the report were: • The Street Rehabilitation Program completed 1.6 miles of roadway. • The design'of the Central Avenue Water Main Replacement is nearly complete. • The Engineering Department provided input to the Village Grading and Drainage Ordinance passed in May 2003. 3 3 3 i �! 1 Board of Trustees Meeting February 2, 2004 Page 2 of 4 • Large street name signs with the Deerfield logo are being installed in the southeast quadrant and part of the southwest quadrant. • Water Department personnel repaired 110 water main breaks in 2003. They read 27,132 water meters, tested all 1,199 fire hydrants in the Village, and inspected 56 water service installations by private contractors.. • The Excess Flow Modification Project is complete. The project has produced a reduction in the extent and frequency of sanitary surcharging and provides relief to the Pine Street sanitary sewer. • Sewer Department personnel responded to 2,825 JULIE locate requests and made 75 inspections of sewer related improvements within the public right -of -way. PUBLIC COMMENT John Dallas, 908 Fair Oaks, commented that Board members need to be aware of the ramifications of new ordinances they pass, including the cost they add to a project. He fears the laws may make it impossible for some residents to be able to afford to improve their property. He discouraged the Board from passing too many new laws, some of which may not be needed. Rosalie Villano, 849 Northwoods, commented on the many trees which were removed during construction of a new house in her neighborhood. She would like to see laws passed to protect trees. CONSENT AGENDA ORDINANCE 0 -04 -06 REZONING An ordinance rezoning property, authorizing a PROPERTY, AUTHORIZING A SPECIAL special use, and approving an amendment to the USE, AND APPROVING AN AMENDMENT TO Deerfield Centre PUD to permit a new office THE DEERFIELD CENTRE PUD TO PERMIT facility for West Deerfield Township at 601 A NEW OFFICE FACILITY FOR WEST and 607 Deerfield Road. Second Reading. DEERFIELD TOWNSHIP, 601 AND 607 DEERFIELD ROAD Trustee Wylie made a motion to adopt the ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) OLD BUSINESS ORDINANCE APPROVING FRONT YARD Northwoods Drive residents Steve Kleiman, VARIATION, BRUCE TANDET AND JOHN Denise DiClementi, and Alan Lefkovitz, each ANDERSON, 1416 NORTHWOODS DRIVE, addressed the Board to ask that the 60' front SECOND READING yard variation for 1415 Northwoods Drive be denied. Mrs. DiClementi showed a map of Northwoods Drive with colored stars to show that 9 residents of the street support the variation for 1416 Northwoods, while 16 residents disapprove of it. Mayor Harris commented that, without documentation, he would not be able to make a decision based on the information on the map. He would have preferred that the homeowners association meet and take a formal vote on the matter. 3 3 '4 Board of Trustees Meeting February 2, 2004 Page 3 of 4 Trustee Seiden stated that he is against granting the variance, which he feels is excessive. Commenting that he would like to have an opinion from the Board of Zoning Appeals regarding whether 60' is.an acceptable variance, Trustee Seiden made a motion to refer the matter back to the BZA for additional discussion. Trustee Kayne seconded the motion. Trustee Rosenthal stated that, since the architect who has been the spokesman for the petitioner is not at the meeting due to the snow storm, it would be better to table the matter until the next meeting so that he can be asked if he wants to work toward a compromise, withdraw the petition, or have the Board proceed with a vote. Property owner Bruce Tandet, Mr. Coblentz, Northwoods Drive residents and Board members spent several minutes discussing the issue. BZA member Michael Lewitz commented that Mr. Tandet, a developer, had stated at the BZA meeting that he did not plan to occupy the house. It is the opinion of Mr. Lewitz that it would be wrong to grant a variation based solely on the economic motives of a developer who will not be living in or contributing to the community. After further discussion, Trustee Benton seconded Trustee Rosenthal's motion to table. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE APPROVING FRONT YARD Richard Sacks summarized the request for a VARIATION, MR. AND MRS. RICHARD variation for his property at 510 Brierhill SACKS, 510 BRIERHILL ROAD, FIRST Road and provided signed letters from a number READING of Brierhill residents who support the variation. Mr. Sacks reported that he had previously offered to help his neighbors, Ruby and Harvey Bender, with the cost of landscaping to lessen the impact of the home addition, and that just before tonight's meeting, Berle Schwartz, attorney for the Benders, presented Mr. Sacks with a written estimate for landscaping in the amount of $32,000. Mr. Schwartz confirmed that he had presented the landscaping estimate. He reminded the Board that the Bender's are losing their side yard view, since the variation, if granted, will increase the side of the Sacks' residence from 23' to 106'. He suggested that, since the landscaping estimate came too late for any discussion between the Sacks and the Benders, the matter be tabled in order for discussion and possible compromise to take place. Mrs. Bender reiterated that the Sacks' proposed addition will ruin her view and isn't fair to her and her husband. In a letter dated January 28, 2004, architect Chuck Cook requested, on behalf of the Sacks, a waiver of the second reading of the ordinance. After discussion, Board members decided to deny.the request, in the hope that by the next meeting a compromise between the �etitipa�rs,aud-_the Benders can be reached. This matter will therefore stand as- the, Reading. 1 1 1 Board of Trustees Meeting February 2, 2004 Page 4 of 4 ORDINANCE 0 -04 -07 AMENDING MUNICIPAL CODE TO PREVENT CONSTRUCTION WORK ON HOLIDAYS, SECOND READING (TABLED 1/20/04) 3 3 i5 Trustee Rosenthal made a motion to remove the matter from the table. Trustee Wylie seconded the motion. The motion passed unanimously. The holidays listed in the proposed ordinance are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. At the previous meeting, the matter was tabled so that consideration could be given to Trustee Kayne's suggestion that the other State holidays be included as well. Those holidays are Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Columbus Day, Election Day, Veterans Day and Christmas Eve. Trustee Kayne reported that after considering the matter, he is in favor of adopting the ordinance as written, without the addition of the additional holidays. Trustee Seiden made a motion to adopt the ordinance as written. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) DISCUSSION NEWS FROM THE VILLAGE MANAGER Mr. Franz reported that: • Due to the President's Day holiday, the next Board meeting will take place on Tuesday, February 17th. • A Committee of the Whole meeting will take place immediately following- tonight's Board meeting. Legal notice has been provided. The topic of the meeting is the 2004 -2005 budget. ADJOURNMENT There being no further business to discuss, Trustee Kaypa ea ion to adjourn the meeting. Trustee Benton seconded the mot io The motion pa sed unanimously. The meeting was adjourned at 9:25 P.M. ATTEST: �_ tW)l II /r: