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06/17/2013June 17, 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 June 17 at 7:34 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 Absent was: and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE State Senator Julie Morrison and State Representative Scott Drury led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the June 3, 2013, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Farkas made a motion to approve the bills and payroll dated June 17, 2013. 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 Mayor Rosenthal recognized District 109 Superintendent Dr. Renee Goier, on her retirement. She indicated there was a reception this evening that the Board was unable to attend. Andrew Marwick, 442 Kilburn, stated there is a need for more transit oriented development at the Lake Cook Road Metra Station. Going forward over the next 30-40 years, he sees a change in potential land uses in that area. Mr. Marwick believes a lot of the land use will no longer be retail. There are two high-density residential uses coming before the Village. Mr. Marwick believes the Village should revise the master plan and determine how many apartment facilities can be built without changing the characteristics of Deerfield. He believes there is a need for this type of housing. Board of Trustees Meeting June 17, 2013 Page 2 of 13 REPORTS REPORT ON ASSAULT WEAPONS Village Attorney Coblentz explained the Village BAN AND H13 183 FIREARMS Board is considering regulations on assault CONCEALED CARRY ACT weapons. The Village is considering this because the Illinois Unlawful Use of Weapons Statue was challenged and found to be unconstitutional. The Illinois General Assembly responded on May 31, 2013, by passing House Bill 183, which is devoted to establishing a system to regulate who can carry concealed handguns in the State of Illinois and how they may be carried. Home Rule municipalities may not adopt an Ordinance concerning the regulation of assault -style weapons unless it is done within 10 days of HB 183 becoming law. The Village administration believes assault weapons should be regulated. An Ordinance is proposed to regulate and provide safe storage of weapons. The Ordinance would require assault -style weapons to be safely stored. When transported, weapons must be transported in a non-functioning state. The proposed Ordinance defines assault weapons per the Cook County assault weapon definition. Mayor Rosenthal, Village Manager Kent Street, Chief Sliozis and Mr. Coblentz look at the proposed regulations as a safety issue. They want to ensure anyone who possesses assault -style weapons will be safe in their homes. They feel this is an issue that should be dealt with on a state-wide or national basis. Until that happens, the Village feels it needs to be addressed. While the Board will not take action this evening, the Board will ask questions then entertain public comment. Trustee Nadler asked about the penalties if an Ordinance is passed. Chief Sliozis explained that under local Ordinance, the penalties would be monetary. Mr. Coblentz added there may be other State and Federal statutes that are violated. There would be a choice on how the violation is cited. Robert Shmikler, 1316 Laurel Avenue, has been a Deerfield resident for 34 years and treasures the quality of community in Deerfield. He is a firearm owner and hunter. His firearms are secure from access and view. Mr. Shmikler noted there are some legitimate non -assault weapons that would be included in the proposed Ordinance. Dan Cox, 593 W. Galeton, Round Lake, noted the proposed Ordinance does not state there is a violation to carry or possess firearms in your own home or on your property. The proposed regulations are about safe storage. You do not carry firearms while they are stored or when gun locks are on them. Mr. Cox questioned whether cleaning a weapon would be in violation of the law. Mr. Coblentz explained that when the firearm is in the authorized user's hands, it would not be in violation of law. Mr. Cox questioned whether a firearm could be transported if it was not immediately accessible. He noted that when walking with a rifle, for example, the firearm would be accessible. He believes the proposed Ordinance opens the door for law -biding gun owners to be arrested. He Board of Trustees Meeting June 17, 2013 Page 3 of 13 questioned what determines the accessibility of a firearm. Mr. Coblentz explained the language was taken from the Illinois State Police. Mr. Cox believes the language needs to be altered. Mr. Coblentz explained that a weapon needs to be broken down, unloaded and enclosed in a case that is locked or not -accessible. Mr. Cox believes that in order to make things safe in Deerfield, children should be taught gun safety. Ted Zussman, 837 Bristol Drive, is a legal gun owner. He is concerned about the transportation issue and what is considered appropriate. He wants to clarify things so law -biding citizens know the regulations. Mr. Zussman would not want the Village to make criminals out of law -biding citizens due to a lack of understanding. There is room for interpretation on the Ordinance and he is interested in clarification on transportation and whether the Village is requesting locking weapons or making them inaccessible. Mitch Shore, 920 King Richards Court, Deerfield, believes the term "assault weapon" was created by the media. Mr. Shore is a police officer and state -certified rifle trainer. He questioned why police and military personnel are exempt while others are not. Mr. Shore noted the suspects arrested in the recent armed robbery at the T -Mobile store have extensive criminal histories. He does not believe singling out certain types of guns will fix the problem. Adam Rich, 986 Bristol Drive, noted that the Ordinance's "Section 15-90" indicates that it is reserved. He questioned what it was reserved for. He believes this is a direct assault on the Second Amendment. Chicago has some of the toughest gun laws in the country, but they are not working. He does not believe the regulations are about safety; rather, they are about control. The Second Amendment was put in the constitution for people to protect themselves. Mr. Coblentz explained Section 15-90 is not reserved for any specific item and instead is in keeping with the Village's numbering system. James Eisenhauer, 1410 Woodridge Court, is unsure what the proposed Ordinance addresses in the community. He noted that Deerfield does not have a crime problem or a history of a lot of gun -related offenses. Mr. Eisenhauer is unsure if the proposed Ordinance is even good -spirited as residents here trust one another. He believes this Ordinance would not stop a mass shooting. Mr. Eisenhauer is concerned about making laws that do not identify a problem. He does not think the Village should make an Ordinance that dictates what residents do inside their houses. Mr. Eisenhauer also questioned enforcement. He explained concealed carry has passed in 49 states. This Ordinance would not reduce crime. Mr. Eisenhauer thinks the Village would be putting a law on the books that does not address problems and this should not be the direction the Village is going. Dan Easterday, 1850 Deerfield Road in Highland Park, asked whether the attorney is aware that the language of HB 183 preempts any local government from regulating the transportation of firearms. He is a competitive shooter and drives through Deerfield frequently. Mr. Easterday does not believe the laws should vary from town to town. He is concerned because people do not have knowledge of the law. Mr. Easterday suggested the Village Board think about this before putting something on the books that could affect people from other communities. Board of Trustees Meeting June 17, 2013 Page 6 of 13 building is situated to take advantage of the interior and exterior courtyard spaces facing the retention pond. The concept includes keeping the height down while keeping the density. The proposal includes incorporating greenery and a dry retention pond into the site as well as utilizing the existing pedestrian and bicycle paths in the building and connecting to Deerfield Road. They plan four main garage entries. The overall height will be 45' and the parapet is set at 55'. Additional height would be built into the stair and elevator areas that access the roof. Trustee Farkas asked about the expected view at grade level from Deerfield Road. Mr. Pope explained that Deerfield Road is 10-12' higher than grade. From the Parkway North side, the full effect of the height is realized. Trustee Nadler questioned whether the top level of parking would be capped off or would be open to the elements. Mr. Pope explained it would be open to keep the height and feel of the building more residential. If a cap were added, it would add 10' to the structure. Mr. Pope explained the majority of the parking on the fifth level will be sheltered by the ramp. He noted the fifth level would primarily be visitor parking. Trustee Struthers noted the available parking is 10% less than the Ordinance. Mr. Pope explained the parking Ordinance assumes an average of 1.75 vehicles while the national parking standard is less. He noted they will have a number of smaller, one bedroom units. Trustee Seiden noted the parking could be reduced by 30 spaces in poor weather. He would prefer to see the roof covered. Trustee Struthers would prefer the number of parking spaces is consistent with the Village Code, so there is not a problem in the future. Greg Moyer, Ravine Park Partners, LLC, explained they engaged Tracy Cross & Associates, Inc. to do a feasibility study. They found the demand for suburban parking is decreasing. Mr. Moyer noted they would plow the snow and do not believe parking will be an issue. He explained the fifth level would be used for visitor and overflow parking. Mr. Moyer indicated parking could be added in the green space on the north side of the property if needed. Trustee Struthers believes there may be more children living in the units than anticipated. She questioned how the retention basin would be kept safe when it fills with water. Mr. Pope explained they are proposing a dry retention pond and it would not retain water long-term. Mr. Peter Rynehoffer, traffic engineer with V3 Companies worked on the traffic impact study. From a traffic standpoint, this is a great proposed land use for the area as it will create the opposite traffic flow as business. A traffic signal at Parkway North and Deerfield Road is warranted and they are working with Lake County Department of Transportation. Crosswalks and other pedestrian enhancements are also proposed. The site is served by two Pace bus routes. Molly McShane from Conor Commercial believes the design is thoughtful. She thinks this development will be a great addition to Deerfield. Mayor Rosenthal explained the main concern is the parking and intentions about assigning parking spots. Trustee Seiden explained he would vote against this because of the parking. Board of Trustees Meeting June 17, 2013 Page 7 of 13 Mr. Moyer explained the parking ratio is 1.54 spaces per unit. He noted they typically operate at 95% occupancy. Ms. McShane believes the parking count is appropriate. Mayor Rosenthal would not want to give up green space for surface parking. She suggested land banking some of the parking. Mr. Moyer noted they would give that some thought as they, too, do not want to be under parked. Plan Commissioner Mary Oppenheim noted the Plan Commission also had issues with the parking. They felt strongly that their preference would be not to remove green space for additional parking. The Plan Commission was concerned about visitor parking as well. She noted there is a large parking lot for the office building to the west of the property and suggested working out an arrangement. Mr. Moyer is convinced there is enough parking for the property. Trustee Farkas moved to accept the report and recommendation of the Plan Commission. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Norris, Struthers (5) NAYS: Seiden (1) PUBLIC HEARING TO CONSIDER A PROPOSED ANNEXATION AGREEMENT IN REGARDS TO THE PROPOSED ANNEXATION TO THE VILLAGE OF DEERFIELD, ILLINOIS, OF A TRACT OF PROPERTY COMPRISING OF APPROXIMATELY 7.68 ACRES OF LAND FORMERLY KNOWN AS THE BETH OR SYNAGOGUE AND SURROUNDING A Public Hearing to consider the proposed annexation agreement in regards to the proposed annexation to the Village of Deerfield, Illinois, of a tract of property comprising of approximately 7.68 acres of land formerly known as the Beth Or Synagogue and surrounding properties, which are generally located west of the Tollway, south of Deerfield Road and north and east of the existing Parkway North Center office development. PROPERTIES, WHICH ARE Trustee Benton moved to open the Public Hearing. GENERALLY LOCATED WEST OF Trustee Struthers seconded the motion. The motion THE TOLLWAY, SOUTH OF passed unanimously. DEERFIELD ROAD AND NORTH AND EAST OF THE EXISTING PARKWAY Mr. Street explained the petitioner is reviewing NORTH CENTER OFFICE several items with staff and the Village attorney. DEVELOPMENT That information will be included with the staff report. Mayor Rosenthal requested public comments. There were no public comments. Trustee Seiden moved to close the Public Hearing. Trustee Benton seconded the motion. The motion passed unanimously. REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BOARD OF ZONING to consider a request for a variation for the property APPEALS RE: REQUEST FOR A located at 942 Forest for an accessory structure that VARIATION AT 942 FOREST FOR AN would be larger than 30% of the required rear yard. Board of Trustees Meeting June 17, 2013 Page 8 of 13 ACCESSORY STRUCTURE THAT The total size would be 440 square feet in lieu of WOULD BE LARGER THAN 30% OF the permitted 220 square feet. The Board of Zoning THE REQUIRED REAR YARD Appeals voted 5-0 in favor of the request. Trustee Jester moved acceptance of the report and recommendation of the Board of Zoning Appeals. Trustee Nadler seconded the motion. Trustee Struthers noted the yard is small and they are asking for an increase of 75% over what is allowed. Amy Mills, 942 Forest, explained they currently have a 1.5 car garage and share a driveway with the adjacent neighbor. Trustee Benton noted the drawings submitted were not to scale. He requested scaled drawings. Trustee Jester indicated the adjacent neighbor has a 2 -car garage. The two homes are very similar so he believes the request is reasonable. Board of Zoning Appeals Chairman Bob Speckmann explained the BZA looked at this in depth. The existing garage is non -conforming. The lot width is less than 50% of what the Ordinance requires. They currently have 42% coverage. The BZA did not believe the variation would adversely impact the property. Trustee Struthers asked if the petitioner was looking to add concrete for the driveway. Mayor Rosenthal requested the petitioner submit scaled drawings as well as a calculation of impervious surface. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden (5) NAYS: Struthers (1) CONSENT AGENDA ORDINANCE 0-13-20 AUTHORIZING An Ordinance authorizing a Text Amendment to the A TEXT AMENDMENT TO THE temporary business sign regulations in the TEMPORARY BUSINESS SIGN commercial zoning districts to limit the maximum REGULATIONS IN THE size of a temporary ground sign. Second Reading. COMMERCIAL ZONING DISTRICTS TO LIMIT THE MAXIMUM SIZE OF A TEMPORARY GROUND SIGN — 2R ORDINANCE 0-13-21 RE: REQUEST An Ordinance requested by Shell located at 2 BY 2 WAUKEGAN ROAD (SHELL) FOR Waukegan Road for a limited area groundwater use LIMITED AREA GROUNDWATER USE restriction agreement. Second Reading. RESTRICTION AGREEMENT — 2R ORDINANCE 0-13-22 RE: REQUEST An Ordinance requested by Shell located at 655 BY 655 WAUKEGAN ROAD (SHELL) Waukegan Road for a limited area groundwater Board of Trustees Meeting June 17, 2013 Page 9 of 13 FOR LIMITED AREA GROUNDWATER use restriction agreement. Second Reading. USE RESTRICTION AGREEMENT — 2R RESOLUTION R-13-07 RE CLOSURE OF A Resolution approving closure of a portion of A PORTION OF ILLINOIS STATE Illinois State Route 43 (Waukegan Road) for the ROUTE 43 FOR THE 4TH OF JULY 4t" of July Parade. PARADE Trustee Seiden moved approval of the Consent Agenda and adoption of the Ordinances and Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE APPROVING A An Ordinance approving a variation request for VARIATION REQUEST AT 260 the property located at 260 Deerfield Road. First DEERFIELD ROAD — 1R Reading. ORDINANCE 0-13-23 AMENDING THE An Ordinance amending the Special Use/Planned THE SPECIAL USE/PLANNED UNIT Unit Development and to amend Ordinance DEVELOPMENT AND TO AMEND 0-06-56 for Congregation B'nai Jehoshua Beth ORDINANCE 0-06-56 FOR Elohim regarding the number of students allowed CONGREGATION B'NAI JEHOSHUA and to install a connection between the 1141 and BETH ELOHIM REGARDING THE 1181 buildings. NUMBER OF STUDENTS ALLOWED AND TO INSTALL A CONNECTION Trustee Farkas disclosed he is a member of B'nai BETWEEN THE 1141 AND 1181 Jehoshua Beth Elohim congregation and would BUILDINGS abstain. Trustee Struthers moved waiver of the First Reading of the Ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) ABSTAIN: Farkas (1) Trustee Seiden moved approval of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Nadler, Seiden, Struthers (5) NAYS: None (0) ABSTAIN: Farkas (1) U Board of Trustees Meeting June 17, 2013 Page 12 of 13 SYSTEM AND RETRO — Federal Highway Authority has required that all REFLECTIVITY ANALYSIS municipalities inspect their signs and implement a sign management plan to ensure safety requirements are being met. There will be numerous parameters collected, so it is recommended it is handled by an outside firm. The Village put together a request for qualifications for a professional firm and received two bids. The low bid was from 3M Corporation in the amount of $69,740, which is slightly lower than the budgeted amount of $70,000. Trustee Farkas suggested hiring a part time staff person to perform the work. Ms. Little explained the Village could hire someone, but there are specific requirements on how measurements are taken and that part of the cost includes a sign management system. Hiring an outside firm would improve efficiencies. Trustee Benton asked if the Village would have to do this again. Ms. Little explained the Village would get a baseline of information with the intention that the Village maintain the database. The Village should not need additional analysis unless the Federal Highway Authority comes up with new specifications. Trustee Jester moved to authorize the purchase of a traffic sign management and retro - reflectivity analysis from 3M Corporation in an amount no to exceed $69,740. 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 PURCHASE Computer Systems Coordinator Matt Weiss COPY MACHINES requested authorization to purchase copy machines at the Western States Contracting Alliance price or below. The Village has four copy machines that need replacement due to age. Trustee Farkas explained his business found leasing copiers to be more advantageous. Mr. Weiss explained that over the five year period, it is less expensive to purchase the copiers than to lease them for three years given the consortium pricing. They will also purchase service agreements that provide all labor, travel and toner necessary to operate the machines. Trustee Farkas moved to authorize the purchase of four copy machines at a price not to exceed $28,815.35. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO EXECUTE Mr. Street explained the agreement is consistent IUOE LOCAL 150 COLLECTIVE with the budget. It includes a 2% wage increase BARGAINING AGREEMENT with no changes to benefits. EXTENSION Board of Trustees Meeting June 17, 2013 Page 13 of 13 Trustee Farkas moved to execute the IUOE Local 150 collective bargaining agreement extension for one year, April 30, 2014. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden noted the Farmers Market is in full swing. Trustee Nadler and Mayor Rosenthal will be at the Farmer's Market on June 22, 2013, from 9 — 12 to answer questions. ADJOURNMENT There being no further business or discussion, Trustee Struthers made a motion to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:08 p.m. APPROVED: M yor ATTEST: Village Cle k