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01/21/2014January 21, 2014 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 January 21, 2014, at 7:32 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Thomas 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 Mayor Rosenthal led those in attendance in reciting the Pledge of Allegiance. PRESENTATION OF C-2 LONG- Mayor Rosenthal recognized businesses that have STANDING BUSINESS PLAQUES been in Deerfield's C-2 District for at least 20 years and presented the business owners with plaques. Mayor Rosenthal invited those present to a small reception in honor of the long-standing businesses. MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the minutes from the January 6, 2014, Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Seiden moved approval of the bills and payroll dated January 21, 2014. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DEPARTMENTAL OBJECTIVES Director of Public Works and Engineering, Barbara REPORT — PUBLIC WORKS AND Little presented highlights from the Public Works ENGINEERING and Engineering Department report. Ms. Little indicated they have conducted a fire and safety audit for all facilities and all buildings are compliant with fire and safety standards. They have installed new backflow devices, to ensure contaminants do not make their way to the water system. The department has pursued various grants and funding for Village projects. The street department has been very busy with the winter season. The Village has removed a number of ash trees and planted 126 new trees to replace those that have been removed. The Orion water Board of Trustees Meeting January 21, 2014 Page 2 of 8 meter replacement program continues with more than 500 meters being replaced this year. The water department has responded to a number of water main breaks. Ms. Little presented a plaque to Mayor Rosenthal on behalf of the Lake County Contractor's Association for the Wastewater Reclamation Facility renovation. The sanitary sewer televising project will be complete in 2014. Project staff has cleaned and repaired several miles of sanitary sewer throughout the Village. The garage department wrote specifications, put out bids and awarded contracts for ten replacement vehicles. Ms. Little highlighted some of their green initiatives. The department has shared a number of resources with other government agencies including the library, township and park district. The Wastewater Reclamation Facility received LEED certification. The Village has promoted the installation of rain gardens throughout the Village. They have installed energy efficient lighting throughout Village buildings. They recycle all type of products including sludge. They participate in electronics and hazardous waste recycling. Mayor Rosenthal thanked the public works department for the great work they have done with the snow removal. PUBLIC COMMENT There was no public comment on non -agenda items. There were no Reports. REPORTS CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE 0-14-01 APPROVING A An Ordinance approving a name change of Huehl NAME CHANGE OF HUEHL ROAD Road to Embassy Way. Second Reading. TO EMBASSY WAY — 2R Trustee Seiden moved to adopt the Ordinance. Trustee Struthers seconded the motion. Brad Harvey, General Manager of Embassy Suites Hotel acknowledged Assistant to Village Manager, Andrew Lichterman, for his assistance in the name change and thanked the Village Board for its consideration. Mr. Lichterman noted staff would work with the Cook County Department of Transportation and Highways on the signage and public record changes. The motion passed by the following vote: Board of Trustees Meeting January 21, 2014 Page 3 of 8 AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE APPROVING A REAR An Ordinance approving a variation for a rear yard YARD SETBACK FOR 170 SEQUOIA setback for the property located at 170 Sequoia LANE —1R Lane. This will stand as a First Reading. ORDINANCE AUTHORIZING A TEXT An Ordinance authorizing a Text Amendment and a AMENDMENT AND A SPECIAL USE Special Use for a dry cleaner to be established at FOR A DRY CLEANER TO BE 190 N. Waukegan Road for CD One -Price Cleaners ESTABLISHED AT 190 N. WAUKEGAN and Heritage Properties. First Reading. ROAD (CD ONE -PRICE CLEANERS) Mayor Rosenthal indicated this would be a First Reading and the Trustees would not take a vote this evening, Mr. Coblentz outlined the Special Use process. He noted the Village received a number of e- mails on this project. He stated this is a zoning issue and business competition is not a basis on which to decide zoning matters. The application for a Text Amendment is to determine if it is in the best interest of the public. A Special Use must meet specific requirements, including whether the proposed business fits in the Village and is compatible with adjacent properties and the community. Mr. Coblentz noted this cleaner is approximately 3000 square feet. In the C-2 outlying district, dry cleaners are permitted uses at up to 2750 square feet. The reason this is being considered for a Special Use is they want a space 250 feet larger than what is permitted. Mayor Rosenthal indicated the Trustees have received numerous emails regarding this topic, which have all been read. She requested people that wish to speak not repeat what others have said. She also requested limiting comments to 3 minutes each. Steve Saks, 309 Washington, Chicago, stated he is an attorney on behalf of several local Deerfield dry cleaners who oppose the special use and text amendment. The standard for the Text Amendment is that it is in the public's best interest. He does not believe the amendments made by the Plan Commission are in the best interest of the public. The Plan Commission looked at lot size, traffic, parking, environmental issues and the effect on the neighborhood. He questioned the environmental factors. Mr. Saks noted CD One -Price Cleaners is a national company that is expanding rapidly. They do not do any specialty dry cleaning and make their money through volume. He noted they undercut the existing dry cleaners on price. He noted that the proposed store would make CD One -Price Cleaners the largest dry cleaner in the Village. This is not true competition, as they cherry pick the type of work they do. They do not have to invest in the same equipment. CD One -Price's website states small dry cleaners cannot compete on price because their stores are not large enough to compete. They call themselves the Costco of dry cleaners. Mr. Saks stated their franchise marketing indicates their model succeeds because they leverage their buying power in the highly fragmented, mom and pop business climate to eradicate the competition. This will make the continued operation of Board of Trustees Meeting January 21, 2014 Page 4 of 8 many dry cleaners difficult and many businesses will close. The increased size would give unfair businesses to CD One -Price Cleaner. Mr. Saks stated that he believes CD One -Price Cleaners is deceiving people into thinking they are more environmentally friendly than other area dry cleaners. Their website states 80-90% of the dry cleaning industry uses perc. He noted most dry cleaners in Deerfield have not used perc for 15 years. Instead, they use the same solvent recovery systems as CD One -Price Cleaners. CD One -Price Cleaners are marketing themselves as different when they are not offering an environmentally different option from what is currently offered in Deerfield. Mr. Saks believes this business will destroy the established dry cleaning businesses in the Village. He does not see a reason to allow a dry cleaner that is larger. There are zoning restrictions for a reason. Mr. Saks believes allowing the Special Use will give CD One -Price Cleaners an unfair advantage in the community. He noted the existing dry cleaners have been good Village partners and the owners have made substantial investments. Mr. Saks submitted petitions from local dry cleaners and residents objecting to the CD One -Price Cleaners. Kyong Koepp from Lincolnshire, 23532 Kingston Row, Lincolnshire, is a dry cleaner owner. He noted Deerfield would be just one of many communities affected by CD One -Price Cleaners. Their prices are so low that others cannot compete. They do not provide the same services, but other cleaners cannot just take the specialty business and expect to survive. Angela Kim, manager of Osterman Dry Cleaners, stated their practice is the same as CD One - Price Cleaners. They have not used the dry cleaning chemical perc for 12 years. She stated CD One -Price Cleaners' green claims are misleading because the hydrocarbon used instead of perc is not 100% green. They follow all the same procedures, because they care about their customers and staff. Most cleaners are family-owned, small businesses. CD One -Price Cleaners uses hydrocarbon, which is also used by three local cleaners. CD One -Price Cleaners recycles hangers; so do most of the other cleaners. Solvent reclaimer is not a special function; all dry cleaner machines have that function. Ms. Kim does not believe it is fair that they say they are green and the others are not. She believes a 3000 square foot facility is going to make more chemical waste than small business. Jemma Jones, owner of Commons Cleaners since 1990, expressed concerned about a new dry cleaning business opening in Deerfield. Deerfield is a small village with many dry cleaning businesses. The market for dry cleaner services has not grown. Adding a new dry cleaner will take business, revenue and jobs away from existing businesses and they will close. Steven Price, 800 Midway, Northbrook, believes one of the beauties of the north shore is the communities. He understands the necessity to bring in new businesses, but not at the expense of closing down family owned businesses. He believes small businesses make a community great. Board of Trustees Meeting January 21, 2014 Page 5 of 8 Young Kim from Merit Cleaners asked how many employees CD One -Price Cleaners would have. The City of Chicago limits the number of employees in a dry cleaning business. Mr. Kim questioned how many employees are allowed per the zoning code. Mr. Street indicated the Village Municipal Code does not address the number of employees. Mayor Rosenthal noted the only discussion on the number of employees is in regards to parking. Report and recommendation from the Plan Commission states the business met the parking code. Lyle Wells, 1436 Ambleside Drive, stated the small businesses in Deerfield attracted him to the community. There have been a number of large businesses added to the community. He would not like to see a non -family-owned dry cleaner in the Village as it would disrupt the Village's environment. Sung Kang, 3530 Lakeview, Algonquin, noted there was a lot of misinformation about the environmental issue. Dry cleaners have to have at least four hours of environmental education each year. Safety is important to small dry cleaners Arnold Karolewski, attorney and Deerfield resident, represents Heritage Properties LLC, owner of the site for the proposed CD One -Price Cleaners. He noted the owner and representatives from CD One -Price Cleaners are available to answer questions. He noted that Attorney Coblentz correctly stated that this is a zoning issue and that the issue is that the building is proposed at 250 square feet larger than what is allowed. He noted it is not lawful for the Village to keep out a business based on economic competition. Susie Ron, 1195 Country Lane, is the daughter of the owners of Deerfield Cleaner. She shared the story of her Mother, Sonny, and how clients trust her and think of her as family. Sonny was initially hired at Shim's Cleaners in Deerfield in 1982. There were only two dry cleaners in Deerfield at that point. She changed the name to Deerfield Cleaners in 1991 and the family moved to Deerfield. Deerfield Cleaners has provided service to Deerfield for 32 years. Deerfield Cleaners sees a drop in business with every dry cleaner that opens in the Village. She noted there are currently eight dry cleaners in the Village. Ms. Rou asked the Board to support the small businesses and the people that have been here for many years. She does not want to see businesses close. There are people behind all of the businesses and this would be a bad situation for the people. Kay Ran Kim, 6550 Deerfield Road and owner of Ally Cleaner, was a chemical engineer in Korea. He noted every chemical has some gas and gas leaks can be dangerous for air and water. Trustee Struthers asked what solvents are using by the existing cleaners. Ms. Kim from Osterman Cleaners noted they use a petro -based hydrocarbon. Trustee Struthers asked which solvent class it is in. She requested the information be sent to the Village. Trustee Benton noted the reason the dry cleaners are so successful is due to the customer service they provide. CD One -Price Cleaners does not offer specialty service. In 1982 there were only two cleaners. There are now eight. Trustee Benton feels strongly about not providing limits to the number of a specific business. If the Board did that previously, some of the existing Board of Trustees Meering January 21, 2014 Page 6 of 8 businesses would not be here today. That would be unfair to the businesses that want to come in as well as the residents. The Village cannot set a limit to the number of dry cleaners in Deerfield. It is up to customers to decide which businesses to patronize. Deerfield has two new residential developments coming to town and there is a potential for new customers. The Board's responsibility is to help the Village grow. Trustee Benton wants to see businesses prosper. He thinks the existing cleaners will succeed as they have succeeded in the past. Trustee Farkas stated the Board's job is to determine whether or not the criteria have been met. The Board should neither pick favorites nor look at things outside the criteria. Mayor Rosenthal noted that Village has done some research and found the small cleaners do not go out of business when a large chain comes into town. Trustee Seiden does not believe CD One -Price Cleaners' size will make them any more or less successful than other cleaners. He thinks the services offered by the existing cleaners will keep those businesses successful. CD One -Price Cleaners is only competing on price, not service. Mayor Rosenthal noted this would stand as a First Reading. RESOLUTION R-14-01 APPROVING A A Resolution approving an agreement between COMMERCIAL SOLID WASTE Lakeshore Recycling Systems LLC and the Village HAULING AGREEMENT BETWEEN of Deerfield for commercial solid waste hauling THE VILLAGE OF DEERFIELD AND LAKESHORE RECYCLING SYSTEMS Mr. Lichterman stated the proposed exemption LLC criteria were included in the packet. The Board directed that staff work with Attorney Coblentz to prepare an exemption ordinance for an upcoming meeting. Trustee Struthers moved to adopt the Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS RESOLUTION R-14-02 APPROVING A Resolution approving an amendment to the AN AMENDMENT TO THE personnel policies and procedures of the Village PERSONNEL POLICIES AND of Deerfield. PROCEDURES OF THE VILLAGE OF DEERFIELD Mr. Lichterman stated the proposed changes are procedural and there would not be changes in benefits. The updates are mostly due to changes in the fiscal year. Board of Trustees Meeting January 21, 2014 Page 7 of 8 Trustee Farkas moved to adopt the Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD THE Director of Public Works and Engineering Barbara NORTH TRAIL SUBDIVISION Little reported that due to flooding problems, the DRAINAGE STUDY CONTRACT TO North Trail Subdivision should receive a drainage DANIEL CREANEY COMPANY study prior to the improvements recommended as part of the five-year capital improvement plan includes rehabilitating part of the infrastructure of the subdivision. Ms. Little recommended the Village award the contract to Daniel Creaney Company, as they were the most qualified and have many years of experience in water management. Ms. Little indicated Daniel Creaney Company worked closely with Deerfield High School District 113 for many years and has extensive knowledge of the watershed. The drainage study will include a topographical survey, storm sewer system remodeling and resident workshops. They will also provide a report to the Village. Mayor Rosenthal asked if the Village received prices from the other firms that were interviewed. Ms. Little stated that staff used a qualifications -based selection process that focused on the firm's ability to do the work. Based on other work, Ms. Little believes the proposed fee is reasonable. She noted it would be a `not to exceed' amount that would be charged based on man hours. Trustee Seiden asked how the other firms would have compared. Ms. Little noted the Village does not negotiate service with multiple firms; rather, they select the most qualified firm. She felt this company would do the best job for the Village. Mr. Street added that based on the interviews, the larger firms have higher overhead and would have been significantly higher in cost. The smaller funis may not have the capacity or expertise. Mr. Street noted the Village cannot go out and get bids for engineering projects. Trustee Struthers likes that they have worked with the high school, which is in the same area. Trustee Farkas asked if their analysis would include large rains. Ms. Little stated that storm water modeling will allow time to simulate the lack of overflow routes. They will interview residents to get testimonials. We may not get a rain event that will showcase all of the problems, but if it is noteworthy, they will observe it. Trustee Struthers moved to award the North Trail Subdivision drainage study contract to Daniel Creaney Company in an amount not to exceed $78,300. Trustee Nadler 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 January 21, 2014 Page 8 of 8 SNOW REMOVAL Mr. Street indicated Public Works worked hard to remove the snow last night and worked on the sidewalks today. He requested residents take care of their own sidewalks where possible. Trustee Benton reported a number of suburbs are running low on salt and asked about Deerfield's salt supply. Ms. Little stated the Village has 400 tons of rock salt on hand and 900 tons on order, which is the maximum budgeted allotment. She noted the Village has cut back on the amount of salt being utilized and have increased the amount of liquid. The department also has met with other cities in the region to discuss acquiring more salt, if it is required. WATER MAIN BREAK Mayor Rosenthal noted there was a water main break on Lake Cook Road and Birchwood. Ms Little indicated the break did not occur on one of the newly installed water mains. BYOB ORDINANCES Trustee Farkas stated the Chicago Tribune had an article on BYOB Ordinances that was very favorable to Bobby's and the Village. He noted that Bobby's business is up by10 percent since the Ordinance took effect. JASON BROWN The Trustees congratulated Jason Brown from Highland Park for making the US Olympic Figure Skating Team. ADJOURNMENT There being no finther business or discussion, Trustee Farkas moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:16 p.m. APPROArPD. �� Z� �� Mayor ATTEST: Village Clerk