07/01/2013July 1, 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 July 1, 2013 at 7:30
p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Tom Jester
William Seiden
Barbara Struthers
Absent was: Alan Farkas
Robert Nadler
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Former Deerfield Police Chief Pat Anderson lead
those in attendance in reciting the Pledge of
Allegiance.
MINUTES OF PREVIOUS MEETING Trustee Seiden moved approval of the minutes
from the June 17, 2013 Board of Trustees meeting.
Trustee Benton seconded the motion. The motion passed unanimously.
Trustee Jester moved approval of the minutes from the June 17, 2013 Committee of the Whole
meeting. Trustee Struthers seconded the motion. The motion passed unanimously.
MANPOWER APPOINTMENTS Mayor Rosenthal recommended the following
appointments to Boards and Commissions based on
recommendations from the Manpower Commission:
Jill Shapiro — Fine Arts Commission
Michael Butera — Family Days Commission
Gloria Threats — Sustainability Commission
Mark Anfenson — Police Pension Board (Reappointment)
Trustee Seiden moved approval of the appointments. Trustee Struthers seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
TREASURER'S REPORT Village Treasurer Eric Burk presented highlights
Board of Trustees Meeting
July 1, 2013
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from the Treasurer's Report representing the first
month, or 12.5 percent, of the fiscal year ending December 31, 2013. He indicated everything is
going well with the change in the fiscal year. The Village received property tax revenue as well
as vehicle sticker sales this month. Vehicle sticker sales will increase in June. During the month
of May, sales tax and home rule sales tax were down slightly against same period last year.
Other revenues were up. May expenditures were up due to it being a three pay -period month.
The general liability insurance and other annual fees were due in May.
BILLS AND PAYROLL Trustee Struthers moved approval of the bills and
Payroll dated July 1, 2013. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
PUBLIC COMMENT There was no Public Comment on non -agenda
items.
REPORTS
REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew
RE: COMMERCIAL FILMING Lichterman stated staff prepared a report in
REGULATIONS response to increased concern from residents about
commercial filming in neighborhoods. Staff is
proposing the Village adopt commercial filming regulations. The regulations would require
advance notice and activity pre -planning to minimize neighborhood disruption. There would be
a $100 non-refundable permit application fee to cover the Village costs as well as a 14 -day
advance notice. Notice would be provided to neighbors within a certain boundary of the filming
location. The neighbors would not have veto power.
Mayor Rosenthal asked if the proposed regulations include a limit in the number of filming
dates. Village Manager Street indicated staff wanted to give the Board options. He noted there
has been repetitive use of certain properties, which inconveniences the neighbors. Trustee
Struthers questioned whether $100 was high enough. Mr. Lichterman stated it would cover the
cost to review the application and there are additional fees related to the use of Village personnel
and public disruptions. Mayor Rosenthal noted it is amendable in the future.
Trustee Struthers moved acceptance of the report. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
REPORT AND RECOMMENDATION Village Manager Street reported the Plan
OF THE PLAN COMMISSION RE: Commission held a Public Hearing on June 13,
REQUEST FOR AN AMENDMENT TO request for an amendment to the Special Use and
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July 1, 2013
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THE SPECIAL USE AND AMENDMENT 2013, to consider the an Amendment to the PUD for
TO THE PUD FOR THE SACHS the Sachs Recreation Center to allow changes to the
RECREATION CENTER TO ALLOW south entry. The Plan Commission voted 6-0 in
CHANGES TO THE SOUTH ENTRY favor of the requests.
Trustee Struthers questioned whether the drainage would be improved. Jay Zahn, Director of
Park Services for the Deerfield Park District, indicated the drainage would be improved. Mayor
Rosenthal believes this is a very nice improvement.
Trustee Jester asked about the slippery area near the handicapped parking. Mr. Zahn noted they
have not proposed any changes in that area. Mr. Street would contact Deerbrook.
Trustee Jester moved acceptance of the report and recommendation. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
REQUEST FOR APPROVAL OF A
CLASS B SPECIAL USE TO PERMIT
THE ESTABLISHMENT OF A YOGA
STUDIO AT 710 ROBERT YORK
AVENUE, UNITS F AND G
The Plan Commission held a Public Hearing on
June 13, 2013 to consider the request for approval
of a Class B Special Use to permit the establishment
of a yoga studio at 710 Robert York Avenue, units
F and G. The Plan Commission voted 6-0 in favor
of the request.
REPORT AND RECOMMENDATION
The Village Center Development Commission held
OF THE VILLAGE CENTER
a workshop meeting on June 5, 2013 to consider the
DEVELOPMENT COMMISSION RE:
request for approval of a Class B Special Use to
REQUEST FOR APPROVAL OF A
permit the establishment of a yoga studio at 710
CLASS B SPECIAL USE TO PERMIT
Robert York Avenue, units F and G. The Village
THE ESTABLISHMENT OF A YOGA
Center Development Commission voted 6-0 in
STUDIO AT 710 ROBERT YORK
favor of the request.
AVENUE, UNITS F AND G
Trustee Seiden moved acceptance of the reports and
recommendations of the Plan Commission
and the Village Center Development Commission.
Trustee Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
REQUEST FOR A FINDING OF
SUBSTANTIAL CONFORMANCE TO
AMEND THE SIGNAGE PLAN FOR
THE WALGREENS CORPORATE
The Plan Commission held Public Hearings on
May 9, 2013 and June 13, 2013 to consider the
request for a finding of substantial conformance
to amend the signage plan for the Walgreens
corporate campus on Lake Cook Road. The Plan
Commission voted 6-0 in favor of the request.
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July 1, 2013
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CAMPUS ON LAKE COOK ROAD
Trustee Struthers confirmed there would be no new
signs; rather, they would just replace the signs. Eric Freedman, Regional Development Manager
at Walgreens, indicated the new signs would have the new color scheme and would replace the
existing signs.
Trustee Seiden moved acceptance of the report and recommendation. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE AUTHORIZING THE An Ordinance authorizing the execution of an
EXECUTION OF AN ANNEXATION annexation agreement for Woodland Residences
AGREEMENT FOR WOODVIEW at Parkway North. First Reading.
RESIDNECES AT PARKWAY
NORTH — 1 R
ORDINANCE AMENDING THE
An Ordinance amending the Zoning Ordinance of
ZONING ORDINANCE BY ZONING
the Village of Deerfield by zoning certain property
CERTAIN PROPERTY AT THE
at the southwest quadrant of Deerfield Road and the
SOUTHWEST QUADRANT OF
Tri-State Tollway upon annexation to the R-5
DEERFIELD ROAD AND THE TRI-
General Residential District, approving a Special
STATE TOLLWAY UPON
Use for a preliminary residential PUD and
ANNEXATION TO THE R-5 GENERAL
approving an amendment to the Parkway North
RESIDENCE DISTRICT, APPROVING A
PUD. First Reading.
SPECIAL USE FOR A PRELIMINARY
RESIDENTIAL PUD AND APPROVING
AN AMENDMENT TO THE PARKWAY
NORTH PUD — 1 R
Richard Klawiter, attorney with DLA Piper LLP, reported they have made incredible progress
and have tightened down a lot of points since the last meeting. They agreed on all the fees and
road treatments. Greg Moyer with Moyer Properties noted several questions arose at the
last meeting, especially regarding parking. He presented a slightly revised plan. Mr. Moyer
noted they originally provided for 390 parking spaces instead of the required 436 parking spaces.
They have altered the final unit count to 248 which changes the required number of parking
spaces to 431. Mr. Moyer noted they have a preferred parking plan that allows for 406 parking
spaces, but they also have an alternative parking plan with 431 spaces made possible by
eliminating green space at the north end of the property and addini a second row of surface
parking. The covered carport parking would be provided on the 5t level of the garage as well as
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July 1, 2013
Page 5 of 11
on the north side of the surface parking. He indicated they were unable to reach a parking
agreement with the neighboring property.
Mr. Moyer stated there would be one assigned parking space in the garage for each apartment on
the same level as the apartment. Additional spaces will be available for lease based on demand.
Therefore, Mr. Moyer believes 406 spaces will be sufficient. He indicated parking demands
have decreased over the past ten years.
Mayor Rosenthal asked how the number of units was reduced. Mr. Moyer noted they changed
the composition to include more two-bedroom units and fewer one -bedroom units. They will
now have 55% one bedroom units, eight or ten studio apartments, 45% two bedroom units and
around six three-bedroom units.
Trustee Seiden reported the Plan Commission recommendation included more variances than
any other project in his recollection. The parking request is 15% less than what is required by
the Ordinance. He does not believe 1.5 spaces per unit will be adequate. Mr. Moyer clarified
they are requesting 1.74 spaces per unit. He feels this ratio is excessive as 55% of the units will
be one bedroom apartments. Trustee Seiden believes the apartments are large enough to warrant
more space than what is required by the Ordinance.
Trustee Seiden questioned the carports on the fifth level of the parking garage. He noted that
even with a carport the snow will still need to be plowed from the aisles and stored. Trustee
Seiden also expressed concern about not having affordable housing in the Village. Trustee Jester
noted that between this project and the AMLI development, the available affordable housing is
substantial.
Mr. Klawiter indicated they are proposing two options. One would comply with the parking
requirement resulting in a loss of green space and a feeling by the petitioner that they will be
over parked. The second is to build a little less parking and have more green space. If the
Village determines the development lacks sufficient parking, they would have to add spaces, at
that time. Trustee Struthers questioned how quickly parking could be added. Mr. Moyer stated
they could add parking in a few months. Mr. Klawiter noted this is a rental project and it would
take time for all units to become occupied. If they took a snapshot of the first 50 percent of
occupancy and shared it with staff, they could determine whether additional parking would be
needed. Mayor Rosenthal added that people would not rent if they found parking to be an issue.
Trustee Seiden noted that the garage would lose 45 spaces when it snows. Mr. Moyer noted the
parking spaces would be covered and they would plow the drive lanes. He noted half of the roof
would be covered. Trustee Seiden prefers the 51h floor parking be completed covered by a roof,
rather than a carport.
Mr. Street reported the proposed annexation agreement terms, noting it provides for the Village
to annex the property according to the approved development plans. Mayor Rosenthal believes
the petitioner should continue to work with Parkway North for visitor and evening parking. Mr.
Moyer indicated they approached Parkway North but and are still working towards a resolution.
ORDINANCE 0-13-24 REGULATING Mr. Street reported copies of the proposed
THE OWNERSHIP AND POSSESSION Ordinance were available in the lobby. Mr.
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July 1, 2013
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website. The Ordinances are also on the Village website. The Board prides itself in
transparency and hopes residents appreciate that.
Mr. Rich stated residents know their rights and believes the question is whether they know their
responsibilities. He believes the Board is trying to legislate morality and responsibility. Chicago
has among the toughest gun laws in the country, but Father's Day weekend alone, there were
many homicides. Mr. Rich believes this is a civil rights issue. He believes this Board should
shut the possibility of future Boards imposing on citizens Second Amendment rights.
Trustee Struthers moved to waive the First Reading of the Ordinance. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
Trustee Struthers moved for adoption of the Ordinance. Trustee Benton seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
Mayor Rosenthal noted this Ordinance has been reviewed twice, which is standard procedure.
ORDINANCE 0-13-25 APPROVING A An Ordinance approving a variation request for the
VARIATION REQUEST AT 260 property located at 260 Deerfield Road. Second
DEERFIELD ROAD — 2R Reading.
Trustee Jester moved approval of the Ordinance. Trustee Struthers seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Seiden, Rosenthal (4)
NAYS: Struthers (1)
ORDINANCE 0-13-26 REZONING THE An Ordinance rezoning the property located at 780
PROPERTY AT 780 SAUNDERS ROAD Saunders Road from R -I single family residential
FROM R-1 SINGLE FAMILY district to C-2 outlying commercial district,
RESIDENTIAL DISTRICT TO C-2 amending the Comprehensive Plan and approving a
OUTLYING COMMERCIAL DISTRICT, Special Use for a restaurant. Second Reading.
AMENDING THE COMPREHENSIVE
PLAN AND APPROVING A SPECIAL Trustee Seiden moved approval of the Ordinance.
USE FOR A RESTAURANT — 2R Trustee Benton seconded the motion. The motion
passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
ORDINANCE 0-13-27 APPROVING An Ordinance approving variation requests for the
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July 1, 2013
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VARIATION REQUESTS AT 780 property located at 780 Saunders Road to allow for
SAUNDERS ROAD TO ALLOW FOR construction of a restaurant. Second Reading.
CONSTRUCTION OF A RESTAURANT
Trustee Struthers moved approval of the Ordinance.
Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
ORDINANCE APPROVING A An Ordinance approving a variation request for the
VARIATION REQUEST AT 942 FOREST property located at 942 Forest for an accessory
FOR AN ACCESSORY STRUCTURE structure that would be larger than 30% of the
THAT WOULD BE LARGER THAN 30% required rear yard. First Reading.
OF THE REQUIRED REAR YARD — 1 R
NEW BUSINESS
REFERRAL OF COMMERCIAL LEASE Mr. Street indicated this was discussed at the
TAX CONCEPT TO NORTHWEST Committee of the Whole meeting on May 13, 2013.
MUNICIPAL CONFERENCE Due to the regional nature of the proposal, the
Board felt they should refer this to the Northwest
Municipal Conference. Trustee Benton believes there is a great deal of misunderstanding on the
Village's position. He noted this is not something Deerfield wants to do on its own; rather, the
Board wants the Northwest Municipal Conference to examine the concept.
Lowell Roseman, 950 Summit Drive, is a certified property manager. He does not know why the
Village wants to hurt merchants and tenants with the proposal to charge a fee to landlords.
Mayor Richard J. Daley came up with this idea, and it failed. Attorneys in Chicago modified the
escalation clause in leases to pass on any tax to landlords based on rental income. The proposed
tax would be passed along to merchants and subsequently to their customers. He questioned why
residents would buy things for more money if they can get it cheaper elsewhere.
Mayor Rosenthal received a letter from Mr. Handler and the North Shore Board of Realtors and
several other agencies opposing the proposed tax concept.
Trustee Benton moved to refer the concept to the Northwest Municipal Conference. Trustee
Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
AUTHORIZATION TO REDUCE JJ Assistant Village Engineer, Bob Phillips, reported
HENDERSON' S RETAINAGE FOR it is typical to retain five percent of the overall cost
WASTEWATER RECLAMATION of projects until they are substantially complete.
FACILITY This project was found substantially complete and
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July 1, 2013
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the Village is now retaining two percent of the
overall project cost. The remaining items are punch list items and have been resolved or they are
working toward final resolution. Staff recommends the retainer be brought down to 0.8 percent
or $235,000,
Trustee Seiden moved to authorize the reduction in the retainer to 0.8 percent. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
ORDINANCE ESTABLISHING Mr. Lichterman reported staff is recommending
PARKING RESTRICTIONS — WATER posting no parking signs to ensure only staff and
TOWER ACCESS ROAD SOUTH OF utility contractors have access to the water tower.
KELBURN ROAD — 1 R Property management from Coromandel agree with
the recommendation. This will stand as a First
Reading.
ANALYSIS AND AWARD OF BID FOR Mr. Phillips reported four bids were opened on
2013 STREET REHABILITATION June 6, 2013. The low bid, in the amount of
PROJECT TO A -LAMP CONCRETE $2,056,808, came from A -Lamp Concrete
CONTRACTORS Contractors and is over the budget of
$1.8 million. The engineer's estimate was $2
million, but included a contingency. The project included seven streets. Staff is proposing
removing Hackberry Road from the project, to bring the amount down to $1.9 million. Mr.
Phillips indicated the project would be funded through MFT and infrastructure replacement
funds.
Trustee Jester moved to award the 2013 MFT Street rehabilitation project to A -Lamp Concrete
Contractors in an amount not to exceed $1.9 million. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
AUTHORIZATION TO AWARD Mr. Phillips reported that over the past 30 months,
CONTRACT FOR PAVEMENT REPAIRS this area has received heavy traffic due to heavy
AT THE PUBLIC WORKS STORAGE deliveries, leaf collection and snow storage. He
FACILITY noted the pavement was original to the facility. Mr.
The Village budgeted $75,000 for this project and is
looking to utilize that money and offer it to A -Lamp Concrete Contractors at the unit pricing
from the 2013 MFT Street Rehabilitation Project.
Trustee Jester questioned when Hackberry Road would be completed. Mr. Phillips noted the
Village has the capacity to complete Hackberry, but it is not in the budget. Therefore, Hackberry
would be put off until next year.
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July 1, 2013
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Trustee Jester moved to waive the competitive bidding process and award the contract to A -
Lamp Concrete Contractors in an amount not to exceed $75,000. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Seiden, Struthers (4)
NAYS: None (0)
DISCUSSION
FAMILY DAYS Mayor Rosenthal invited residents to fireworks at
Brickyard Park on July 3`d. She noted July 4`"
represents the 50`" year of Family Days in the Village. There will be food, a silent auction and
lots of fun.
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 9:22 pm.
APPRO ED:
Mayor
ATTEST:
Village Clerk