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03/05/2007March 5, 2007 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 March 5, 2007 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton William Seiden Barbara Struthers Matthew Wylie (arrived at 8:20 p.m.) Absent: Michelle Feldman Harriet Rosenthal . and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblenti and Phil Kiraly; Assistant Village Manager. PLEDGE OF ALLEGIANCE The Deerfield High School Robotics Team led those in attendance in reciting the Pledge of Allegiance. Herb Riggins, Applied Arts teacher, explained that the students are learning practical education and have regional competitions over the. next two weeks. Brian Rail (team captain) explained that the team works with professional engineers, who assist the students in applying concepts they learn in school to building robots. Team "member Andrew Schweinforth explained that neither the school nor the district fund the team, so they rely on grants and fundraising. They received a $6,000 grant from NASA for the competition. He invited the community to the regional competitions. APPROVAL OF MINUTES Trustee Benton made a motion to approve the minutes of the February 20, 2007 board of trustees meeting. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Seiden, Struthers, Harris (4) NAYS: None (0) BILLS & PAYROLL Trustee Seiden made a motion to approve the Bills and Payroll dated March 5, 2007. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Seiden, Struthers, Harris (4) NAYS: None (0) PUBLIC COMMENT Scott and Dana Emering, future owners of 1236 Woodruff, explained they have been denied construction permits and are hoping to get an appeal. Mr. Emering explained that during the final stages of the permitting process, it was determined they could not remove a public, Board of Trustees Meeting March 5, 2007 Page 2 of 4 protected, parkway tree to build a driveway. He explained that they have another option, which would put the driveway along the west lot line and have a side - loading driveway. Mr. Emering explained that this option would cause them to lose nearly 40% of their backyard. In addition, they would have to mitigate three protected trees. Mr. and Mrs. Emering believe this option is also a safety issue, because the driveway would be adjacent to the backyard. Mr. Emering explained that they are not asking the board for relief from mitigation; rather, for permits to remove the tree from the parkway and mitigate it. Mrs. Emering explained they have worked with the village, and their final option is the side - loading garage. She does not feel it is the best option, however. Mayor Harris recognized that the village does not have a formal appellate process in the ordinance. He noted this is the first time that staff and the homeowner have not worked out a satisfactory result, even though both sides have worked together and tried. Mayor Harris asked if the builder mentioned anything about the tree ordinance. Mr. Emering explained he had mentioned the ordinance, but they did not discuss specific trees. He does not believe the ordinance goes into enough detail. Mayor Harris asked if there is a possibility to put trees in front of the property, close to the sugar maple. Mr. Emering explained that they could put trees 6 —10 feet from the sugar maple, possibly having one tree on each side of the driveway. He explained that the village manager said the sugar maple was a healthier tree, and of better quality. In addition, there is no precedent for issuing a permit for the removal of a public tree. Trustee Seiden noted that Mr. Emering mentioned in a note that he did not understand the intent of the ordinance. Trustee Seiden discussed the intent of the ordinance and commented that he believes the issue is that the house is too large. He also noted that if the driveway is built, the three trees might survive. Mr. Emering explained that the house size is appropriate for the lot size, according to the ordinance. If they knew the intent of the ordinance ahead of time, they would have planned the placement of the house on the lot differently. Mayor Harris noted that the house would be built either way. If the village forces the side - loading garage option, because they will not allow the removal of a protected tree in the public parkway, it is possible that three trees on private property may be lost. Mr. Emering explained that one option was to split the driveway around the parkway tree. He noted the side - loading garage option could take up 90% of the root zone for the three trees on his lot. Mayor Harris explained that if the three trees were mitigated in the side - loading garage option, the impact would be dramatic between the properties. He believes that because the Emerings are looking for extraordinary relief, he would want to know for sure that the trees would be lost. In addition, he would request a remediation much greater than what the ordinance provides. He would also request that the adjacent property owners be consulted. Trustee Benton expressed concern about setting a precedent. Mrs. Emering suggested trying the Board of Trustees Meeting March 5, 2007 Page 3 of 4 split driveway arid if the tree died, they could then mitigate under the stricter remedy. Mayor Harris suggested the Emerings work with staff again and try to come up with another option. REPORT AND RECOMMENDATION OF PLAN COMMISSION RE: SPECIAL USE FOR T- MOBILE WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED ON THE VILLAGE WATER TOWER PROPERTY AT 700 KATES REPORTS Mayor Harris reported that this item has been pulled from the agenda. CONSENT AGENDA ORDINANCE 0 -07 -11 AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR SEATING AREA FOR BAJA FRESH MEXICAN GRILL AT 110C WAUKEGAN -2R Trustee. Benton seconded the motion. The An ordinance authorizing a special use to permit a seasonal outdoor seating area for Baja Fresh Mexican Grill at 110C Waukegan Road (Deerbrook Mall). Second Reading. Trustee Wylie made a motion to adopt the ordinance. motion passed by the following vote: AYES: Benton, Seiden, Struthers, Wylie (4) NAYS: None (0) ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 216 KENMORE AVENUE —1 R requested a waiver of the first reading. ordinance stand as a first reading. There was no old business. An ordinance granting a variation for setbacks for the property known as 216 Kenmore Avenue. First Reading. Mayor Harris explained Mr. and Mrs. Cole have He is not inclined to grant the waiver and requested the OLD BUSINESS NEW BUSINESS ORDINANCE 0 -07 -12 RESERVING Bob Fialkowski explained that the village receives VOLUME CAP IN CONNECTION WITH an annual allocated private activity bond cap for use PRIVATE ACTIVITY BOND ISSUES in issuing industrial revenue bond -type financing AND RELATED MATTERS for local projects. The village has received a request to cede the allocation, for the fee of I% of the total cap amount. He requested acceptance of the offer and a waiver of the first reading. 1 1 1 Board of Trustees Meeting March 5, 2007 Page 4 of 4 Trustee Seiden made a motion to waive the first reading of the ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Seiden, Struthers, Wylie (4) NAYS: None (0) Trustee Seiden made a motion to adopt the.ordinance. Trustee Wylie seconded the motion. The motion passed by, the following vote: AYES: Benton, Seiden, Struthers, Wylie (4) NAYS: None (0) REQUEST FOR APPROVAL OF Mayor Harris explained that this item was pulled GROUND LEASE WITH T- MOBILE from this meeting agenda. CENTRAL, LLC FOR PLACEMENT OFCELLULAR COMMUNICATIONS FACILITY ON THE KATES ROAD WATER TANK DISCUSSION NW QUADRANT REDEVELOPMENT Trustee Wylie explained he was on the committee to review the RFPs for redeveloping properties on the north side of Waukegan Road. They received 10 proposals and will have the top two proposals ready for review by the village board at the March 19`h meeting. DAYLIGHT SAVINGS TIME Mr. Kiraly reminded residents that daylight savings time begins at 2:00 a.m. on Sunday. He reminded residents to change their clocks. Trustee Benton added that, because daylight savings time is early this year, computers may not automatically change. ADJOURNMENT ATTEST: 4qt'Wj64jX- - illage Clerk