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10/06/2014October 6, 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 October 6, 2014, at 7:30 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 Allegiance. PROCLAMATION of service to the community. Pastor Dave Kyllo of Zion Lutheran Church led those in attendance in reciting the Pledge of Mayor Rosenthal read a proclamation honoring Zion Lutheran Church as they celebrate 140 years Trustee Benton moved to accept the Proclamation. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. Pastor Kyllo, Julia Arbaugh and members of the congregation accepted the proclamation. Pastor Kyllo thanked Mayor Rosenthal and the Village. TREASURER'S REPORT Finance Director Eric Burk presented highlights from the treasurer's report representing two-thirds of the year. The non -home rule sales tax increased. The Village received a portion of the property tax in August. Water and sewer billings are beginning to show signs of higher usage. Hotel tax, electric utility and State income tax were all in line with the same period last year. Building permits were substantially higher. MINUTES OF PREVIOUS MEETING Trustee Farkas moved to approve the minutes from the September 15, 2014 Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Trustee Seiden moved to approve the minutes from the September 15, 2014 Committee of the Whole meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Board of Trustees Meering October 6, 2014 Page 2 of 10 BILLS AND PAYROLL Trustee Seiden moved to approve the bills and payroll dated October 6, 2014. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Andrew Marwick, 442 Kelburn, believes that the proposed infrastructure improvements in the 2015 budget are overdue. He hopes the $10 million bond issue will solve the deteriorating street issues. Mr. Marwick believes the Lake Cook Corridor approximate to the train station would be ideal as a mixed-use transit oriented development. REPORTS REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR APPROVAL OF A REZONING FROM R-1 SINGLE FAMILY RESIDENTIAL AND R-2 SINGLE FAMILY RESIDENTIAL TO R-3 SINGLE FAMILY RESIDENTIAL, AND APPROVAL OF A PRELIMINARY PLAT FOR AN 8 LOT SUBDIVISION KNOWN AS ELYSIAN WAY FOR THE PROPERTY AT 45 DEERFIELD ROAD Mr. Street reported the Plan Commission held a Public Hearing on September 11, 2014, to consider the request for rezoning, and a preliminary plat for an 8 lot subdivision. The Plan Commission voted 4-0 in favor of the request but asked for some changes to the petitioner's original proposal. The Plan Commission proposed eliminating the left turn lane, reducing the size of the new road and adding buffering to the east side of the proposed new road including landscaping and fencing. (SOUTHEAST CORNER OF DEERFIELD Larry Freedman, attorney representing the ROAD AND CARLISLE AVENUE) petitioner, indicated the eight new lots would range from 12,234 square feet to 15,000 square feet. The single story residences would range from 2,500 to 2,900 square feet. The petitioner's concept is to market to people who want to age in place. Peter Siegel, architect, indicated the existing 3.5 acre site meets the R-2 lot size zoning requirements. They want one-story buildings, so they are asking for R-3 zoning which allows for smaller setbacks. The Plan Commission recommended some changes. They requested a narrower roadway from Carlisle to the break in the median. The revised width would be 28 feet wide, which is the standard street width in the subdivision. They met the adjacent property owner, who requested a fence and additional landscaping be added along the property line of 685 Carlisle. Trustee Struthers indicated the adjacent property owner's property would be changed into a comer lot instead of a mid -lot property. That property owner no longer has enough setback to be a conforming lot. She requested a firm agreement with the property owner at 685 Carlisle before she would consider the proposal. Board of Trustees Meeting October 6, 2014 Page 3 of 10 Mayor Rosenthal indicated the petitioner is asking for R-3 zoning, but the lots are large enough for R-2 zoning. The difference is the lack of setbacks. Mr. Freedman noted that if they built two-story houses the impact would be greater than one-story houses. Mayor Rosenthal questioned whether R-2 setback requirements could be met if the petitioners built seven houses instead of eight. Mr. Siegel stated the difference of 1 additional house has little impact on the neighbors. They would have to build five or six homes instead of eight to make a difference. Trustee Struthers noted the development is very dense for the area and is concerned with the lack of street parking. Mr. Freedman indicated they would not develop the project with less than eight homes. Trustee Seiden noted this property is the front door to Colony Point which is zoned R-1. The proposed buildings are much different than Colony Point and do not fit in. He would not be in favor of more than six houses and would want sidewalks so it fits in with Colony Point. Mr. Freedman stated his client does not want to build two- story homes within that property. He thinks the proposal is very compatible with Colony Point. Nancy Dudley, 45 Cody Lane, asked if the petitioners could build a two-story house with a fust floor master bedroom. She is concerned about safety. The traffic report did not include a traffic count. If there are so few vehicles, she believes the vehicles should come out on Deerfield Road. Ms. Dudley believes it is an accident waiting to happen. She is concerned about the detention pond, which is six feet deep and not fenced. She believes this does not fit in with Colony Point and would bring down their property values. Ms. Dudley also feels the project is too dense. James Yale, 685 Carlisle, expressed concern about the proposed development. The proposed road would be 32 feet from his house. Many people in Colony Point expressed concerns that were not addressed at the Plan Commission meeting. He believes the project is too dense and the timeline is extremely long. The homes would be built on spec, one home at a time, and would not be completed in a reasonable amount of time. Michael Smirling, 85 Cody Court, noted there were several questions about the road access off Carlisle Avenue at the Plan Commission meeting. They were told that the Village would not permit access off Deerfield Road. There has not been an adequate traffic study. Mayor Rosenthal stated Deerfield Road is a major thoroughfare and they try to keep traffic off Deerfield Road. She does not believe allowing the traffic to go out on Deerfield Road when there is a light on Carlisle Avenue makes good sense. Mr. Street stated that both the Police and Engineering departments strongly requested the access not be moved to Deerfield Road. Mr. Smirling noted other streets exit onto Waukegan. He questioned why people can exit from the Deerfield Bakery lot onto Waukegan Road turning either left or right, as it is also close to a major intersection. The residents of Colony Point want to be treated the same as others in the community. Janice Winter, 670 Carlisle Avenue, understands the police suggested they do not build off Deerfield Road. The builder purchased 45 Deerfield Road and performed a traffic study which stated the project would have low impact on Deerfield Road. The builder states they are marketing the property to empty nesters. Only half of the properties have been purchased in the builder's last project of a similar scope. Ms. Winter believes the density could be an issue. She Board of Trustees Meeting October 6, 2014 Page 4 of 10 also does not believe the architecture fits in with Colony Point. There has been no transparency in working with the community. The residents of Colony Point are not in favor of the proposal. Mayor Rosenthal questioned if the approval was for single story homes and the builder sold the property, would another builder be able to build two-story homes. Senior Village Planner Jeff Ryckaert stated the Village would have to require a covenant on the approval if it only wants single -story homes. Plan Commissioner Mary Oppenheim addressed concerns regarding the detention area, which only holds water for a short period of time before the water is pumped to the creek. It is a depression in the land that is designed not to hold water for typically more than 36 hours. She indicated the Plan Commission examined how the area is built with the staggered retaining walls, which would mitigate any danger. Ms. Winter indicated the homeowner's association would manage the detention area; however, she believes the Public Works department should manage it. Steven Altschul, 615 Wicklow Road, asked about the drainage system from the detention pond to the pumping station to the middle fork. The petitioner's engineer was unable to indicate the time estimate other than they would meet the Village standard for the flow. He reiterated that some of the properties sit adjacent to the flood plain. He asked about the drainage district and was told there is no consultation required by Ordinance. It is not a fair assumption that they have been consulted. Mayor Rosenthal indicated there seems to be some concern about the density of the property. The Trustees can table the discussion to see if the property owner would consider a reduction in the number of homes. Mr. Freedman stated taking out one lot would not change the setback or zoning requirements and therefore they would not be inclined to reduce the number of homes. For them to develop the homes at this price, they need eight homes. Mr. Freedman stated the developer is agreeable to adding a covenant for one-story homes. Trustee Farkas noted the Trustees have a thorough report from the Plan Commission. He is glad the people from Colony Point enjoy living in Deerfield, but having a small, additional subdivision of eight homes would not destroy the character of Colony Point. The traffic is not something that should be feeding into Deerfield Road, as it is already overburdened. There may be other areas where traffic needs to be improved, but that does not impact this property. He thinks the proposed project is reasonable but believes they should add a covenant. Trustee Jester noted the biggest issue he is hearing regards the project's density. The existing zoning could have the same density with two-story homes. If this is not approved, someone will make the development with two-story homes instead of the one-story homes currently proposed. Trustee Jester asked if it is feasible to build eight homes two-story homes on this property. Mr. Ryckaert noted the Village has not seen a plan for the existing zoning. He noted half of the property is zoned R-1 and would have to be rezoned to R-2 for an eight lot subdivision. Mr. Board of Trustees Meeting October 6, 2014 Page 5 of 10 Street noted it is a privilege to rezone the property. The Village has not seen a plan with lots conforming to the current zoning. The petitioner has requested rezoning the property to R-3. Trustee Struthers believes not having sidewalks is a problem for older people. Mr. Freedman stated with only 8 homes on one cul-de-sac, they would rather have more green space. Trustee Struthers asked about the street parking. Mr. Siegel stated their original design shows a landscape median with enough room for parking near the entrance to the subdivision. There is no parking on the turnaround itself. The driveways have a widened area to allow for two vehicles. Therefore, there is adequate parking for visitors as well as the residents. Trustee Seiden would prefer having two roads going in and out of the development, street parking and sidewalks. He questioned if the Village wants property that is overloaded, has no parking and no sidewalks. Trustee Nadler believes the property is an underutilized piece of real estate. He is not concerned about traffic and thinks it is logical to have the entrance off Carlisle, not Deerfield Road. Trustee Nadler questioned if this is the right development for this piece of land at this time. Trustee Benton noted one of the Village's objectives is to have empty nester housing. Many people move away from Deerfield because there are not enough empty nester developments. He applauds this development and thinks the Plan Commission made a thorough examination and managed to work with the developer. Trustee Benton thinks this is a step in the right direction. Trustee Farkas moved to accept the report and recommendation of the Plan Commission adding a covenant that would restrict the development to single -story buildings. Trustee Benton seconded the motion. The motion did not pass by the following vote: AYES: Benton, Farkas, Jester (3) NAYS: Nadler, Seiden, Struthers, Rosenthal (4) REPORT AND RECOMMENDATION Chief Sliozis reported at the June 30, 2014, the RE: E -CIGARETTE REGULATION Village discussed prohibiting the sale of e -cigarettes to minors as well as prohibiting the use of e - cigarettes where cigarette smoking is also prohibited. The Village looked into laws passed by the State and surrounding communities. Counsel prepared an Ordinance banning the use of alternative nicotine products by individuals under the age of 18. The proposed Ordinance also prohibits the use of alternative nicotine products anywhere in the Village where traditional tobacco products are prohibited. Trustee Farkas moved to accept the report and recommendation regarding e -cigarette regulations. 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 October 6, 2014 Page 6 of 10 REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew RE: COMMUTER PARKING PAY BY Lichterman reported staff recommends PHONE SOLUTION contracting with Passport Parking to implement a pay by phone parking solution in addition to the traditional cash box, at the Metra station. He also suggested a rate increase from $1.50 to $2.00 effective January 1, 2015. Mr. Lichterman noted Passport Parking would not require any costs to the Village but would require transaction and processing fees. Mayor Rosenthal asked how the community resource officers would know if someone paid by phone. Mr. Lichterman stated the officer could access a website that would be updated in real time. Trustee Jester questioned why the fee would increase for those paying with cash. Mr. Lichterman noted a survey revealed that $2.00 is the market rate and would like to encourage people to use the pay by phone method. Trustee Jester noted the Lake Cook Road station charges $1.50 for either method of payment. Trustee Farkas suggested this is the type of system the Village wants to have in place over time. Trustee Seiden moved to accept the report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) 1619r 6`19121 &T-91.40070 ORDINANCE 0-14-18 CONSENTING TO THE VILLAGE OF VOLO AND THE VILLAGE OF BANNOCKBURN AS ADDITIONAL MEMBERS OF THE SOLID WASTE AGENCY OF LAKE COUNTY WITH NO LATE FEE — 2R An Ordinance consenting to the Village of Volo and the Village of Bannockburn as additional members of the Solid Waste Agency of Lake County (SWALCO) with no late fee. Second Reading. AUTHORIZATION FOR MAYOR TO Authorization for Mayor Rosenthal to execute the EXECUTE THE AMENDMENT amendment executing the local agency agreement EXTENDING THE LOCAL AGENCY for Federal participation for the Deerfield Road AGREEMENT FOR FEDERAL sidewalk project through September 20, 2016. PARTICIPATION FOR THE DEERFIELD ROAD SIDEWALK PROJECT Trustee Farkas moved to approve the Consent THROUGH SEPTEMBER 20.2016 Agenda. 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 6, 2014 Page 7 of 10 OLD BUSINESS ORDINANCE 0-14-19 ADOPTING THE An Ordinance adopting the 2012 edition of the 2012 EDITION OF THE International Building Codes. Second Reading. INTERNATIONAL BUILDING CODES Trustee Nadler moved to adopt the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PRESENTATION RE: RESIDENTIAL Fire Chief Ian Kazian commended the Board for FIRE SUPRESSION SYSTEMS having this important discussion. He noted this is a big issue in many municipalities around the state. Chief Kazian reported there have been seven fire fatalities within the fire protection district, with the last being in 1991. In 2013, there were two reported house fires in the fire protection district. The department responded within six minutes or less in 90% of the calls. Chief Kazian stated a recent Underwriters Laboratories report identifies the effects of fire on new homes. The report shows that newer homes show "flash over" much faster than older homes. When flash over happens, the fire gets exponentially bigger, faster. It is deadly to those in the area. Newer homes are being built larger, with open floor plans and higher ceilings. There is nothing wrong with this type of construction, however, it burns faster. The study determined flash over is occurring in five minutes or less in new homes. Legacy homes are up to 30 minutes. Civilians have a limited amount of time to escape unharmed. The safety of the firefighters is also a concern. In 1994, the fire protection district installed a working smoke detector in all levels of homes without them. It is a very effective tool, but the ability to be woken and escape has narrowed. The National Fire Protection Association report on fire loss determined that residential home fires have declined since 1977, but in 2013, residential home fire deaths increased by 15 percent. There were more than 12,000 injuries due to residential home fires. When NFPA looks at fire deaths between 1977 and 2013, the death rate does not match the number of fires. Overall, the rate of death per 1,000 fires is 7 percent less. The fire death risk rate has not changed much since 1977. The report states that local municipalities should do what they can to encourage residential sprinkler systems. They are similar to having air bags in vehicles. Trustee Jester asked about flash over fires on the north shore. Chief Kazian stated the data shows the Midwest. Trustee Farkas sees all the data on why this is good but does not see why this should be mandated. He would like to make the tools available but not mandate them. Trustee Struthers suggested waiting to see if the State mandates sprinklers in newly constructed homes. Trustee Seiden thinks sprinklers should be mandatory. He thinks the risk to firefighters Board of Trustees Meeting October 6, 2014 Page 8 of 10 is enough to require sprinklers in new construction. Realtors are concerned about their market and potential commission. This would be a $5,000— $10,000 expenditure on an $800,000 home and the insurance rates would be reduced 5 — 15 percent. The sprinkler would be paid for in five years. Trustee Seiden thinks it is a case of the Village wanting to protect neighbors and the fire protection district. Trustee Seiden moved to prepare an Ordinance to mandate sprinkler systems in newly constructed buildings. Trustee Nadler seconded the motion. The motion did not pass by the following vote: AYES: Nadler, Seiden (2) NAYS: Benton, Farkas, Jester, Struthers (4) ORDINANCE ADOPTING INDEMNIFICATION REQUIREMENTS FOR SPECIAL USE AND VARIATION RECIPIENTS —1R An Ordinance adopting indemnification requirements for Special Use and Variation recipients. First Reading. ORDINANCE 0-14-20 AUTHORIZING An Ordinance authorizing a Text Amendment and A TEXT AMENDMENT AND A a Special Use to permit the establishment of Venue SPECIAL USE TO PERMIT THE One Meeting and Event Center at 550 Lake Cook ESTABLISHMENT OF VENUE ONE Road (formerly the Berto Center). MEETING AND EVENT CENTER AT 550 LAKE COOK ROAD BERTO Trustee Benton moved to waive the First Reading CENTER of the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Trustee Farkas moved for Second Reading and Adoption of the Ordinance. 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-14-10 AUTHORIZING Mr. Burk reported Sikich LLP is a trusted company THE ENGAGEMENT OF SIKICH LLP TO that can assist the Village with issues that arise. PROVIDE PROESSIONAL AUDITING The proposal includes a fee increase of $200 the SERVICES FOR 2014 THROUGH 2016 first year and 3 percent increases during the second and third years. Board of Trustees Meeting October 6, 2014 Page 9 of 10 Trustee Farkas moved to accept the Resolution. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO EXECUTE A Mr. Street reported that due to a six month HOLD HARMLESS AGREEMENT AND construction schedule, the petitioner is requesting PERMIT EARLY START FOUNDATION authorization to begin construction prior to the WORK FOR PORTILLO' S HOT DOGS completion of the Special Use process. LLC. 700 LAKE COOK ROAD Trustee Farkas moved to authorize the execution of the hold harmless agreement and permit early start foundation work. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DISCUSSION TRANSPORTATION MANAGEMENT Trustee Benton attended a transportation management meeting at Baxter Pharmaceuticals with Congressman Brad Schneider from the l Om District to discuss the need to upgrade transportation infrastructure. They have some funds earmarked and discussed the opportunities that are available with the Lake Cook Metra Station and the addition of an early morning express bus from Union Station to Lake Cook starting in January 2015. NW MUNICIPAL CONFERENCE Municipal Conference. FINE ARTS PROGRAM Mayor Rosenthal reported she is now a member of the Legislative Committee for the Northwest Mayor Rosenthal, Trustee Struthers, Trustee Jester and Mr. Street attended the Fine Arts Commission's Public Art Open House at the Deerfield Library. It was a lovely event. LAKE COUNTY LEADERSHIP Mayor Rosenthal and Mr. Street attended the Lake ALLIANCE County Leadership Alliance on transportation issues. They want seamless transportation within the County. SHEPHERD SCHOOL OPEN HOUSE Mayor Rosenthal and Manager Street attended an open house at Shepherd Middle School. It was incredible to see the science labs and creative areas. They have a weather station on the roof as well as solar panels and wind turbines. They also have bird houses with cameras that are shown in the halls. Board of Trustees Meeting October 6, 2014 Page 10 of 10 UPCOMING EVENTS Mr. Street reported there is an elected official event tomorrow night. There will be a Committee of the Whole on Wednesday. Saturday is Invasion of the Pumpkins. ADJOURNMENT There being no further business or discussion, Trustee Nadler moved to adjourn the meeting. Trustee Jester seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:38 p.m. APPRZ�� Mayor ATTEST: Village Clerk