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04/23/20124-23-12 COW Page 1 of 6 COMMITTEE OF THE WHOLE – Minutes of Meeting April 23, 2012 The Village Board met as a Committee of the Whole in the Council Chambers of the Village Hall at 6:00 p.m. on Monday, April 23, 2012. In attendance were: PRESENT: Village Board Staff Harriet Rosenthal, Mayor Kent Street, Village Manager Robert Benton, Trustee Jenny Maltas, Assistant to the Village Manager Alan Farkas, Trustee John Sliozis, Police Chief Thomas Jester, Trustee Peter Coblentz, Village Attorney Mary Oppenheim, Trustee Clinton Case, Code Enforcement Supervisor William Seiden, Trustee Barbara Little, Director of PW and Engineering Barbara Struthers, Trustee Bradford Fink, Assistant Director of PW and Eng. Robert Phillips, Assistant Village Engineer Eric Burk, Assistant Finance Director Also present Michael J. Nigro, Managing Director Rreef Real Estate Michelle Panovich, Principal/Senior Vice President Mid-America Asset Management Tait Pinnow, Assistant Vice President Rreef Real Estate Mr. and Mrs. Solheim, 654 Warwick Road Public Comment Mr. and Mrs. Solheim were in attendance to observe the Chicken Keeping Ordinance discussion. The Solheims noted they would be willing to participate in a chicken keeping pilot program and provide feedback and encouraged the Board to observation their coop if the program is implemented. Consideration of Chicken Keeping Ordinance Mayor Rosenthal reported that staff has received requests to amend the Municipal Code and permit chicken keeping in the Village. She noted Code Enforcement Supervisor Clint Case prepared a report for the Board which included a survey of surrounding communities that permit chicken keeping as well as sample ordinances that outline the regulations and restrictions of other communities. Trustees Farkas noted that he would be in favor of allowing a pilot program to permit a small number of residents to keep a limited number of chickens for a specific period of time. At the conclusion of the pilot program the Board could evaluate the program and decide whether or not to approve an ordinance permitting chicken keeping. Mayor Rosenthal suggested having a pilot program limiting the number of permits and limiting the program to 1 year. She noted that residents participating in the program will 4-23-12 COW Page 2 of 6 need to know that if the pilot program is terminated residents will need to get rid of their chickens and their coops. Trustee Oppenheim stated a pilot program is not needed as there are a few residents that are currently in violation of the chicken keeping prohibition without significant incident and they have already served the purpose of the pilot program. She noted allowing chickens makes sense from both a financial and sustainability stand-point. Trustee Struthers reported she would be okay with allowing chickens as long as it does not attract predatory animals to people’s homes. Trustee Benton noted the Village does not have an expert on staff that would be able to determine if a chicken coop is safe and healthy. Trustee Oppenheim suggested the Village could outsource this inspection just as they do with the Village Arborist and this requirement could be included in the ordinance. Trustee Seiden stated that he is against permitting chickens in the Village and would not want chickens next to his property and therefore does not want to force it onto others. Trustee Jester noted the parallels between chicken keeping and the recently passed alternative energy ordinance, which allows residential windmills as a Special Use, are striking. Trustee Struthers would like to require residents to obtain a Certificate of Health verifying the health of their chicken. Mayor Rosenthal noted we do not ask for this with cats or dogs. Mayor Rosenthal suggested the Village Attorney prepare an ordinance for the Board to review. At that time, the Board can decide to proceed with a pilot program, require a Special Use, set a limit on the number of chickens and licenses, and consider lot size and setback requirements. Sewer Inflow and Infiltration (I/I) Study Director Little reported on the progress of the Sewer Inflow and Infiltration Study. She noted the smoke testing in the northwest quadrant is complete and now staff is working with RJN to develop a private sector I/I investigation pilot program asking for voluntary inspections to examine sewer connections in the northeast quadrant. The goal of the pilot program is to determine how much sewer inflow and infiltration is coming into the sewer system from illegal connections. The data collected from the I/I private sector pilot program will assist the Village in determining how to best proceed with addressing sewer inflow and infiltration. Mayor Rosenthal suggested asking residents to participate in this study as a way to help the resident and/or their neighbors resolve sewer issues. Trustee Oppenheim stated she likes the sample letter being mailed to residents and wants to ensure that the Village is keeping the sewer system healthy. 4-23-12 COW Page 3 of 6 Assistant Director Fink noted staff has surveyed surrounding communities and found that quite a few municipalities do inspect sewer connections at resident’s homes. Trustees Farkas mentioned the Village can also take a soft approach to enforcement and rather than requiring immediate compliance, which could be very costly, the Village could put a lien on the property so the connection issues are resolved once the home is renovated or sold. The Village Board recognizes the value in keeping the Village sewer system functioning as intended and directed staff to proceed with the pilot program. Manager Street advised a significant public information campaign will be implemented as well. Lake Cook Road Landscaped Medians Director Little reported the Village needs to advise the Cook County Highway Department on the landscape median design for Lake Cook Road between Deer Lake Road and Carlisle Avenue by late May for inclusion in the CCHD bid set. CCHD has offered to cover 50% of the cost to construct the landscape medians as long as the Village agrees to perform routine maintenance going forward. Ms. Little presented two options:  Option 1 – Median/parkways planted with ornamental plantings, native grasses and trees with a total Village construction cost of $123,750 and an annual maintenance cost of $13,000.  Option 2 – Median/parkways planted with only trees and native grasses with a total Village construction cost of $56,800 and an annual maintenance cost of $10,000. Ms. Little noted that staff worked with landscape architects to prepare the two concepts and both would improve aesthetics and enhance water quality and improve infiltration thereby reducing the need for other storm water management techniques. Trustee Oppenheim noted she is in favor of Option 1 and described the tree, plant and grass selections as very appropriate for this purpose. She noted Lake Cook Road is an entrance to the Village and these plantings will look very nice as they develop over-time. She agreed that these plantings will greatly help with storm water mitigation. Trustee Jester asked if the plants will tolerate the snow and ice control operations. Trustee Oppenheim stated she has reviewed the plant list and they are salt tolerant. Trustee Struthers noted the Village asks a lot of our Lake Cook Road businesses in terms of aesthetics and the Village should move forward with the best looking option and do its part to improve and maintain a nice appearance. Mayor Rosenthal concurred and noted we have required signage and landscape improvements from our businesses and now it is the Village’s turn to further beautify the corridor. 4-23-12 COW Page 4 of 6 Manager Street reiterated this is a one-time opportunity to take advantage of Cook County’s 50% funding split. Trustee Farkas suggested installing a “Deerfield” sign at the entrance since we are spending a significant amount of money to beatify the Village entrance. Mayor Rosenthal advised that Option 1 should be prepared and presented to the Board at an upcoming meeting for final review and approval. Manager Street noted the medians will likely be planted in fall of 2013. Deerbrook Mall Presentation Mr. Nigro of Rreef Real Estate presented a brief history of Deerbrook mall noting that it was originally constructed in 1971 as an indoor mall. He reported the goal of the mall ownership and redevelopment team is to redevelop the mall and transform it into a power center that is not intended to compete with the downtown retail. Mr. Nigro defined a power center as a development that leases space to the top retailers in their field and control a large percentage of the industry. In total, the redevelopment plan is estimated to cost $26 million. Ms. Panovich of Mid-America Asset Management reported that in 2008-09 commercial vacancy rates in the area were around 20% and now vacancy rates have normalized back to the 7-8% range. Ms. Panovich noted the opportunity to de-mall the middle section of Deerbrook has only now become available. This will allow redevelopment by relocating Jewel near the current Best Buy location, relocating TJ Maxx to just south of the present Jewel location, removing the former theaters, adding new retail space and relocating the Starbucks to the corner of Lake Cook and Waukegan. Ms. Panovich also noted the redevelopment team is looking to attract restaurants to the mall. Trustee Farkas asked for a timeline of the redevelopment project. Mr. Nigro reported the first phase would include renovating a new space for Starbucks to occupy this year, so that TJ Maxx could be relocated next year. He also noted that construction would need to be put on hold during the holiday season. Mayor Rosenthal advised there would be a benefit to complete as much redevelopment as possible in 2013 when the construction is active on Lake Cook Road. Trustee Farkas suggested the mall ownership display signs as soon as possible indicating the mall is being redeveloped so that residents are aware the mall ownership is being proactive. Mayor Rosenthal noted that she and srtaff have been actively discussing the project with the Deerbrook redevelopment team. She noted Deerbrook Mall ownership has been 4-23-12 COW Page 5 of 6 strategic and has had short term leases in place to allow for this redevelopment opportunity to be possible. Mayor Rosenthal stated the redeveloped power center is going to do very well and it will take a couple of years to fully revitalize the center. Manager Street reported staff will present a Letter of Intent outlining the terms and conditions of the agreement between Deerbrook Mall and the Village of Deerfield at an upcoming meeting. Subsequently, a formal development agreement listing further requirements and project elements, including financing, will be presented for consideration Village Sticker – Request to Add Donation Collection Mayor Rosenthal reported Deerfield High School parents have requested the Village include an option to donate to the District #113 Foundation on the vehicle sticker renewal forms. Mayor Rosenthal noted the original request was for a single $30 donation option and a commemorative vehicle sticker. She noted the money that the Foundation receives would need to be used only for Deerfield High School. Trustee Struthers noted the Foundation includes residents from Riverwoods and Bannockburn as well, and while it is a worthy cause the Village it is the wrong venue to be asking for donations. Trustee Oppenheim noted the Village spends a lot of effort clarifying the distinction between what property taxes go to the Village and what goes to other taxing districts, including the schools. This donation collection system would only further confuse the role and responsibilities of the Village and District #113. The Board concluded this is not a practice the Village would like to pursue for a number of reasons, including the fact that vehicle sticker payments are mandatory and it can be perceived as the Village advocating for residents to donate to the schools. Future Saturday Morning Workshop – Review of Village Priorities Mayor Rosenthal reported she would like to schedule a Saturday morning meeting where the Board could establish and discuss long range priorities. Items for discussion could include developing a database to reach-out to residents, discussing a strategic approach to economic development and consideration of senior services. Manager Street noted the Saturday morning workshop should be scheduled in June following the Board and Commission Chair Dinner on May 31, as the Board may want to reaffirm or modify the Village’s voluntary commission system. The Saturday morning workshop meeting is tentatively scheduled for June 16 and 30 from 9 – 11 a.m. Staff will prepare and distribute materials for the Board to review prior to the meeting. 4-23-12 COW Page 6 of 6 Adjournment Trustee Oppenheim made a motion to adjourn. The motion was seconded by Trustee Benton. The meeting adjourned at 8:00 p.m. Respectfully submitted, Andrew S. Lichterman Management Analyst