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
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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.
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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