10/21/2013October 21, 2013
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Rosenthal in the Council Chambers of the Village Hall on October 21, 2013 at
7:30 p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Alan Farkas
Tom Jester
Robert Nadler
William Seiden
Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Julie Schneider and Amanda Singer from Deerfield
Family Theater's "The Secret Garden" led those in
attendance in reciting the Pledge of Allegiance. Ms. Schneider noted their mission is to provide
high quality theater that includes children. Ms. Singer discussed the production of "The Secret
Garden." They are very proud of the production and have a 14 piece orchestra. The productions
will be performed the two weekends before Thanksgiving. She thanked the Village for all of
their support.
MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the October 7,
2013, Board of Trustees meeting. Trustee Farkas
seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Farkas moved approval of the Bills and
Payroll dated October 21, 2013. Trustee Struthers
seconded the motion. Mayor Rosenthal requested an accounting of the senior taxi subsidy
program. Mr. Street noted the program has grown substantially. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORT ON DEPARTMENTAL Building and Code Enforcement Supervisor Clint
OBJECTIVES — COMMUNITY Case presented highlights from the report on
DEVELOPMENT DEPARTMENT departmental objectives for the building division.
Mr. Case indicated the total fees have not increased,
but the number of projects has increased by 100 over the past six months. He discussed the
projects that have been completed or are near completion. Mr. Case indicated they will be
busy with the Woodview and AMLI developments.
Board of Trustees Meeting
October 21, 2013
Page 2 of 8
Mr. Case noted all five of the permits for the chicken coup pilot program have been issued and
the coups have been inspected. Residents have not voiced any concerns. Mr. Case suggested
making this a permanent program.
Senior Planner Jeff Ryckaert presented highlights from the community development
departmental objective report. There was a wide variety of applicants that came before the Plan
Commission. Mr. Ryckaert will have the Plan Commission look at various amendments to the
Zoning Code. They will be looking at the C-2 district.
He reported on the progress of the change of the Village Center Development Commission to the
Village Center Commission. The new commission will not review special use permits any
longer; rather, they will become an idea -generating commission.
The Appearance Review Commission considered 15 petitions.
The Village continues to maintain the detailed demographic data and available space
information. Deerfield Square has a number of new uses. The Village added flow charts to assist
in understanding the special use process in the Village.
PUBLIC COMMENT Marvin Kogan, 135 Doral Court, noted there was
an accident on Saturday that caused a traffic issue at
Lake Cook Road and Waukegan Road. He asked why the residents were not notified through the
emergency notification system. Mr. Street noted the Village could have communicated better.
He indicated the Village would work on it for the future.
REPORTS
REPORT AND RECOMMENDATION
Mr. Street reported the Plan Commission held a
OF THE PLAN COMMISSION RE:
Public Hearing on September 26, 2013 to consider
REQUEST FOR AN AMENDMENT TO
changes to the landscaping, site and signage
THE ATRIUM PUD FOR CHANGES
improvements for the Charles Ifergan parcel on
TO THE BUILDING, SITE AND
Lake Cook Road. The Plan Commission voted 6-0
SIGNAGE IMPROVEMENTS FOR THE
in favor of the petition, including lowering the sign
CHARLES IFERGAN PARCEL (380-
panels on the south and east faces of the building.
360 LAKE COOK ROAD
Trustee Farkas moved to accept the report and
recommendation of the Plan Commission.
Trustee Seiden seconded the motion. The motion
passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION
Management Analyst David Fitzgerald reported the
OF THE FAMILY DAYS COMMISSION:
Family Days Commission met on October 7, 2013,
Board of Trustees Meeting
October 21, 2013
Page 3 of 8
2013 FAMILY DAYS REPORT AND to discuss revenues and expenses from 2013. This
2014 FAMILY DAYS BUDGET year, the expenses from Family Days totaled
$56,161. The revenues were $45,977. The
difference was $10,184. Mr. Fitzgerald indicated they are looking at increasing expenditures by
9% next year while revenues are expected to increase by 18%. He noted the fireworks contract
would be renegotiated for 2014. The Commission already renegotiated the contracts for the
stage and the rides.
Mr. Street commended the Commission, because in the past, the Village has supported the event
in excess of $20k. This year, the Village supported the event with just over $10,000. Family
Days is a terrific event that has become much more self-sufficient than in the past.
Trustee Benton moved to accept the report and recommendation of the Family Days
Commission. Trustee Nadler seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION Community Relations Commission member Gil
OF THE COMMUNITY RELATIONS Antokal reported the CRC is excited
COMMISSION RE: DEERFIELD HIGH about this project. Mr. Street advised the
SCHOOL STUDENT MEMBER Commission that this would require modification
to the Municipal Code.
Mr. Antokal summarized the proposal. The plan is for a high school sophomore and junior to
become members of the Commission to provide high school students with direct access to
government leaders. The Commission wants to engage the youth to get started in community
service. The Commission wants to consider all youth in the community, regardless of where they
attend school.
Trustees Farkas and Nadler questioned the age range, from 13 — 22. Mr. Antokal noted the
Village does not want to eliminate any high school student; some special needs students are in
high school until they tum 22. Trustee Struthers asked what high school administrators think of
the proposal. Mr. Antokal stated they are very excited about it. He noted members of the
Commission would meet with school administrators this week, if it is passed. Mr. Street added
Deerfield High School administrators have been at the Commission meetings and have been
instrumental in the program development. The Trustees wanted to ensure this was open to all
high school students. Mr. Street ensured the information would be made available to all. He
indicated nominations would begin immediately.
Trustee Struthers moved to accept the report and recommendation of the Community Relations
Commission. Trustee Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
October 21, 2013
Page 4 of 8
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE APPROVING A SPECIAL Mark Home, 265 Oakmont Drive, indicated the
USE FOR A FRESH THYME FARMERS rear of his home shares the northern border of
MARKET GROCERY STORE, A Cadwell's Comers. Mr. Horne has been a real
ZONING TEXT AMENDMENT AND estate attorney for 40 years. He is concerned
AN AMENDMENT TO THE CADWELL about a few items in the agreement.
CORNERS COMMERCIAL PLANNED
UNIT DEVELOPMENT —1R Mr. Home believes the penalties are minor. He
asked the Board to revisit them, and make
adjustments based on a large, commercial enterprise. He noted the penalties are permissive,
which gives the Village Manager the right to determine whether penalties will be invoked. Mr.
Home is especially concerned about repeat violations of the delivery hours provision.
Mr. Horne expressed concern about the trash compactor. Mr. Home he inquired where trash
would be stored once the compactor hours had passed.
Mr. Home indicated no trees have been installed. The proposed Ordinance requires the fence to
be replaced in kind. Mr. Home believes a better fence should be installed.
Marvin Kogan, 136 Doral Court, has questions about a number of items within the document.
He noted vegetation had been removed and questioned whether a permit had been issued. Mr.
Kogan also asked whether live, viable material was removed. He indicated construction started
before 7 a.m. on September 28 and September 29.
Mr. Kogan suggested the Village inspect the fence, as it is nearly 30 years old. He indicated the
site performance agreement calls for the property to be videotaped. Mr. Kogan believes there
should be a regular schedule as well as surprise inspections to ensure the system is working. He
also asked about public notice about the violations.
Mr. Kogan believes the landscaping plan is very confusing and the exhibits are inaccurate and
misleading. He requested verification. Mr. Kogan suggested the Village inspect the landscaping
on an annual basis.
Mr. Kogan suggested making the store hours part of the tri -party agreement. He noted the store
would close at 10:00 pm and the employees would leave by 11:00 pm. He also requested
clarification on the penalties and violations.
Board of Trustees Meeting
October 21, 2013
Page 5 of 8
Mr. Kogan does not believe this is the best use as it is too intensive. If it can be controlled, there
would be fewer problems. Mr. Kogan does not believe the Village is currently controlling the
situations within this document.
John Sheldon, 120 Doral Court, was curious to know if the email he sent today would be part of
the record. Mr. Street indicated it would be made part of the record. Mr. Sheldon read the email
that he sent to the Board.
Email from Mr. Sheldon to Mayor Rosenthal and Board of Trustees dated October 21, 2013:
1 have reviewed the proposed ordinance and wanted to address a few of the items contained therein.
Although I have other issues with this entire process and the ordinance itself, and this is in no way
intended to cover each and every issue I have, I wish to address the following issues:
1. The "administrative penalty" provision (section 6) of the Site Performance Agreement to be sorely
lacking. A $250/$350/$500 fine structure might make sense for residential home owners but for a
commercial developer and a national grocer, those fines are de minimis. Please consider revising the
fine structure to something a little more aggressive. I'd suggest $1,000.00 for the 1st violation,
$2,500.00 for the 2d and $5,000.00 for all subsequent violations on an annual basis. If the Village is truly
concerned about the Deer
field residents that own property adjacent to CadwelPs Corners, this seems
like a simple fix that will provide the homeowners with some protection.
2. Please also consider revising the store hours (Tenant Performance Guarantees/section 2) to 8:00 a.m.
to 9:00 p.m. Whole Foods does not open until 8.00 a.m. and it does not border a residential
neighborhood. Plus, given that the petitioner has already agreed to 8:00 a.m. as the earliest time for
deliveries, this would lessen the likelihood of delivery trucks arriving early.
3. Finally, please reconsider the landscaping and fence provisions (Owner Performance
Guarantees/section 3). If the Village is truly concerned about screening for the neighbors, the tree
installation is woefully inadequate. Furthermore, the fence should be higher than it is now and should
be better suited to protecting the neighbors from sound as addressed in Michael Berliant's October 16,
2013 email.
Thank you for your consideration.
Mr. Sheldon believes the administrative penalty provision and the fine structure are lacking. He
thinks they need to be more aggressive. Mr. Sheldon suggested the store hours be consistent
with Whole Foods; thus, the store would be open from 8 a.m. to 9 p.m.
Mr. Sheldon discussed the landscaping and fence provisions. He believes the tree insulation is
inadequate and the fence should be higher and better suited to protect the neighbors from sound.
Mr. Sheldon believes the Village will have traffic and parking issues because of the proposed
use.
Board of Trustees Meeting
October 21, 2013
Page 6 of 8
Mr. Kogan noted the refrigeration unit would create noise issues. He asked if there was an
alternative material that would help with the noise.
Jim Devine, managing partner with Cadwell's Corners, stated they are trying to develop a three -
party agreement that will work for all parties. He appreciates the Village's work on this and
stated they would do their best to make it work for everyone. Mayor Rosenthal wants to ensure
the neighbors' concerns and complaints are properly addressed. She also wants to ensure the
neighborhood is protected.
Trustee Seiden noted the shopping center has not been as full as the owners wanted over the past
few years. The Village has heard various complaints and he hopes things will be better going
forward. Trustee Seiden wants the center ownership to take care of both the center and the
residents.
Trustee Farkas noted the residents suggested increases in penalties and other concessions. He
asked Tracey Lindsey from Fresh Thyme if they would voluntarily consider any of their
suggestions. Mr. Lindsey noted that a $500 fine is large enough to be a hit to a grocery business,
as they operate on a low profit margin. He also noted that the store hours were altered at the Plan
Commission level and he considered that issue resolved.
Trustee Struthers questioned what would happen to the penalties if there are repeat violations
within a 30 day period. Mr. Coblentz stated the Village Manager would determine what would
happen. He indicated the Village has not done anything like this in the past. The dispute
resolution has the Village Manager making the determination and deciding the penalties. He
indicated truck hour violations would be a one-time incident. They need to keep video and
provide it to the Village upon request. Other instances, such as landscaping, would require
something affirmative will need to be done. The authority is with the Village Manager to ensure
remedial actions are taken or the Village can pursue various remedies. The Village may not be
able to envision all of the circumstances that may arise.
Mr. Kogan stated the landscaping issue has already been approved. The property has already
been staked by JULIE. Mr. Coblentz noted the Village would verify what needs to be done.
The Trustees discussed the trash compactor. Mr. Lindsey stated they would install a new
compactor and ionizer and the hours of operation for the compactor would be from 8 a.m. — 8
p.m. Trash going into the compactor would be kept inside the building, but operating the
compactor one time per hour was not in the initial agreement. He noted there may be a trash can
with trash inside, but no trash would be stored outside the building. Mr. Lindsey noted
cardboard would be picked up one time per week.
Mr. Devine indicated the fence would be substantially replaced with a double -sided wooden
fence. He noted they were currently in the bidding process and their intention is to replace old
fences, but they want to do the landscaping first. The fence and landscaping will be substantial
because they want to be in full compliance. Mr. Devine indicated they are trying to improve the
center and the community.
Board of Trustees Meeting
October 21, 2013
Page 7 of 8
Bary Levin, 880 Briarwood, noted the Dominick's store will be removed near Deerfield. He
believes that may be a nice alternative for Fresh Thyme.
ORDINANCE APPROVING A CLASS B
An Ordinance approving a Class B Special Use
SPECIAL USE TO PERMIT THE
to permit the establishment of a fitness studio in
ESTABLISHMENT OF A FITNESS
Deerfield Square at 720 Waukegan Road, Unit J.
STUDIO IN DEERFIELD SQUARE AT
First Reading.
720 WAUKEGAN ROAD, UNIT J (CRM
PROPERTIES AND PURE BARREL — 1R
Mayor Rosenthal indicated this would stand as a
First Reading.
ORDINANCE APPROVING A CLASS B
An Ordinance approving a class B Special Use
SPECIAL USE TO PERMIT THE
to permit the establishment of a martial arts studio
ESTABLISHMENT OF A MARTIAL
in Deerfield Square at 710 Robert York Avenue,
ARTS STUDIO IN DEERFIELD
Unit C. Fust Reading.
SQUARE AT 710 ROBERT YORK
AVENUE UNIT C (CRM PROPERTIES
Mayor Rosenthal indicated this would stand as a
AND GRACIE BARRA JUI-JUITSU) —1R First Reading.
ORDINANCE AMENDING AND
An Ordinance amending and recodifying Chapter
RECODIFYING CHAPTER 16,
16, "Plumbing and Sewers" of the Municipal Code
"PLUMBING AND SEWERS," OF THE
of the Village of Deerfield, as amended. First
MUNICIPAL CODE OF THE VILLAGE
Reading,
OF DEERFIELD, AS AMENDED — 1R
Mayor Rosenthal indicated this would stand as a
First Reading.
ORDINANCE 0-13-47 ESTABLISHING Assistant to the Village Manager Andrew
COMMERCIAL FILMING Lichterman reported staff took the comments from
REGULATIONS — 2R the Board into consideration when revising the
proposed Ordinance. He noted four material
changes were made. First, the definition of large-scale filming includes a vehicle weight of
7,500 lbs. The filming application notice was shortened to five days in advance. Neighbors
residing within 400 linear feet in each direction on both sides of the street would also be notified
within five days. The number of permits in a single zoning lot is four in a 12 -month period with
an aggregate of no more than 12 production days. Trustee Struthers questioned the notification
method, as it states notification could be in person, by mail or through a sign on the property.
Mr. Street indicated the notification method would require the Village Manager's preapproval.
Trustee Farkas moved acceptance of the Ordinance. Trustee Seiden seconded the motion. The
motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
October 21, 2013
Page 8 of 8
NEW BUSINESS
There was no New Business.
SATURDAYS IN THE VILLAGE Mayor Rosenthal indicated there have been a lot of
activities on Saturdays in the Village. Some of
these include the French Market and the Pumpkin Invasion. Deerfield Square hosted a Taste of
the Square, where the restaurants offered samples. It was very enjoyable. Deerfield Square has
also had entertainment, which has been a lot of fun. There have been a lot of positive comments
about the pumpkins in town. Mayor Rosenthal urged residents to put money in the pumpkins,
noting all proceeds would go to charity.
100' ANNIVERSARY
on Saturday.
COMMITTEE OF THE WHOLE
to discuss the proposed 2014 budget.
Mayor Rosenthal reported the Fire Department held
a ribbon cutting in honor of their 100th anniversary
Mr. Street noted there would be a Committee of the
Whole meeting next Monday beginning at 6:00 p.m.
ADJOURNMENT There being no further business or discussion,
Trustee Jester made a motion to adjourn the
meeting. Trustee Nadler seconded the motion. The motion passed unanimously. The meeting
was adjourned at 9:10 pm.
APPROVED:
Mayor
ATTEST:
Village Clerk