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07/15/2013July 15, 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 15 at 7:30 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 and that a quorum was present and in attendance. Also present were Village Attorney Judy Kolman and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Deputy Chief Rick Wilk led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Jester made a motion to approve the minutes from the July 1, 2013, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Benton made a motion to approve the bills and payroll dated July 15, 2013. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Melissa Hoffman, 85 Mountain Drive, stated there have been a number of problems in the North Trail subdivision, including road conditions and street flooding. She stated this is a safety issue because of flying asphalt from passing vehicles. In addition, water collects in some deep potholes, creating mosquito breeding grounds. Ms. Hoffman noted that flooding in North Trail has increased at an alarming rate over the past 22 years. Ms. Hoffman showed images of the flooding and the crumbling asphalt to the Board. Ms. Hoffman said the Village indicated North Trail streets would be resurfaced in two or three years; however, she believes it should be done sooner. She believes the Village needs to take immediate action to rectify the situation. Board of Trustees Meeting July 15, 2013 Page 2 of 11 Larry Dorf, 960 North Avenue, stated his house is the low point on the street. The houses are flooding at least two or three times each year. Mark Samuels, 975 Mountain Drive, spoke with Public Works about five years ago to see if they would do preventative maintenance on the streets and has been in contact regarding the current condition. Mr. Samuels believes the Village will need to do periodic patching every two weeks, unless they do something more permanent. Larry Mason, 900 Summit Drive, is an original North Trail resident. North Trail is organized by a Homeowner's Association that is voluntary and has 98% participation. They are an active association and active neighborhood. He stated that North Trail has always had flooding problems, but noted that they have been getting worse. The continued flooding has led to additional strain on the Public Works department and it is interfering with the ingress and egress. The homeowners understand that the budget is tight, but hopes North Trail can be moved up the priority list. Mike Selsky, 935 Mountain Drive, stated he has an 8 -inch deep basin in front of his mailbox. He noted one neighbor had more than 3 feet of water in her basement. Mr. Selsky asked that the Village check in on the elderly neighbors. Gary Morris, 925 North Avenue, is a 38 -year resident. He noted the flooding on North Avenue has gotten progressively worse. Mr. Morris called the Village about the sewers not draining. Steve Fine, 965 North Avenue, was unable to get to work earlier this year due to flooded streets. He noted the Village is very responsive, but nothing seems to change. He hopes the residents will get some relief. Alison Hoffman, 995 North Avenue, stated this was the worst flood she has seen in the past 20 years. She noted it was reported in the Chicago Tribune that North Avenue and Overland were two of the most flooded streets in the area. As a Realtor, she is concerned that a reputation for flooding could negatively impact home values. Mayor Rosenthal thanked the residents for presenting their concerns to the Village Board and requested staff put together a report for the Board to consider. Mr. Street noted there may be some things the Village can do in the short term that will provide some relief. Mayor Rosenthal noted that if there are people that should be contacted for well-being checks, please contact the Village. w REPORTS REPORT AND RECOMMENDATION Management Analyst David Fitzgerald stated RE: BYOB LIQUOR LICENSE this agenda item was presented at the May 13, 2013 Board of Trustees Meeting July 15, 2013 Page 3ofII CLASSIFICATION Committee of the Whole meeting. Staff did additional research and met with the DBR Chamber of Commerce and restaurant owners to discuss the concept of creating a BYOB liquor license. This collaboration resulted in a pared down recommendation from what was presented to the Committee of the Whole. Restaurant owners expressed concern with the stand-alone BYOB licenses. They thought the stand-alone BYOB license brought an unfair advantage, noting the significant investment they had made in their liquor service. The report now only recommends BYOB as an add-on to an existing liquor license. Restaurant owners also asked that a fee of $200 be added for existing liquor license holders that wish to have the BYOB classification added to their license. A fee, as opposed to a free -add on, would make it easier to differentiate where BYOB is allowed. The restaurant owners were not in favor of bringing beer into restaurants. The owner of Bobby's Deerfield restaurant currently allows patrons to bring their own beverages at one of his locations out of town and feels wine connoisseurs would dine outside Deerfield if they wanted to bring their own bottle. Mayor Rosenthal reiterated the restaurants must have a restaurant service liquor license, and that it is limited to one bottle per two diners. If they want the optional BYOB license, it would cost $200. They must follow all State liquor laws. Trustee Benton added that the Village was not setting a corkage fee and this would be at the discretion of each restaurant owner. Trustee Farkas moved to accept the report and recommendation regarding a BYOB liquor license classification. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENATION The Plan Commission held Public Hearings on OF THE PLAN COMMISSION RE: May 9, 2013 and June 27, 2013. The Plan REQUEST FOR AN AMENDMENT TO Commission voted 4-0 in favor of sending a A SPECIAL USE FOR DUNKIN favorable recommendation to the Board. The DONUTS AT 499 LAKE COOK ROAD Appearance Review Commission held a workshop TO ALLOW RENOVATIONS TO THE meeting on June 24, 2013 to consider the request. RESTAURANT AND A REQUEST FOR AN AMENDMENT TO THE DEERFIELD Trustee Struthers questioned why Dunkin Donuts PARK PLAZA PUD wanted to be open 24 hours. Mario Valentini, Senior Project Manager with Warren Johnson Architects, Inc., reported the 24-hour operation would strictly be drive-thru. This would allow people that work late to have the ability to get coffee and a snack in Deerfield. Mayor Rosenthal noted McDonalds was open 24 hours, but is now open until midnight. Alan Bromberg from the Plan Commission noted Dunkin Donuts has employees there for 24 hours. Allowing the drive- thru to be open would be a chance to gain additional business. Mr. Valentini added the brand encourages 24-hour operation. Trustee Jester stated he would like to see a white pavement stripe to help emphasize and reinforce the stop sign at the exit of the drive-thru. Mr. Valentini noted that this could be done. Board of Trustees Meeting July 15, 2013 Page 6 of 11 PARKING RESTRICTIONS — WATER TOWER ACCESS ROAD SOUTH OF Trustee Seiden moved approval of the Consent KELBURN ROAD — 2R Agenda and adoption of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0-13-29 AUTHORIZING An Ordinance authorizing the execution of an THE EXECUTION OF AN annexation agreement for Woodview Residences at ANNEXATION AGREEMENT FOR Parkway North. Second Reading. WOODVIEW RESIDENCES AT PARKWAY NORTH - 2R Mariah Degrino with DLA Piper stated this is for approval and the execution of the annexation agreement. She addressed some housekeeping issues. Ms. Degrino reported they could either provide 406 parking spaces and land bank some green space that could be converted to parking if it is determined that the demand exceeds the supply. Another option would be to build 431 spaces, including some compact spaces, and losing some green space. Mr. Street noted if the Board selected the land bank option, the demand would be reviewed at 90% occupancy. Greg Moyer with Moyer Properties noted they could have the additional parking spaces constructed within 90 days. Trustee Struthers requested a commitment to keep the top level plowed in the winter. Mr. Moyer agreed. He noted they would not utilize car ports or canopy covers on the top level. Trustee Seiden noted utilizing car ports was not the Board's idea. Trustee Struthers added that it would be easier to plow without car ports. Andrew Marwick, 442 Kelburn, thinks there is a need and a demand for this type of development in the Village. He expressed concern with wood -frame construction due to noise. He believes wood -frame buildings will be less desirable in a more saturated market and suggested a more upscale building. Trustee Farkas moved approval of the Ordinance as proposed with land banked parking and reporting at 90% occupancy. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Struthers (5) NAYS: Seiden (1) ORDINANCE AMENDING THE Mayor Rosenthal noted the rezoning would be ZONING ORDINANCE BY ZONING deferred until the final plat is ready to come to a CERTAIN PROPERTY AT THE vote. Board of Trustees Meeting July 15, 2013 Page 7 of 11 SOUTHWEST QUADRANT OF DEERFIELD ROAD AND THE TRI- STATE TOLLWAY UPON ANNEXATION TO THE R-4 GENERAL RESIDENTIAL DISTRICT, APPROVING A SPECIAL USE FOR A PRELIMINARY RESIDENTIAL PUD AND APPROVING AN AMENDMENT TO THE PARKWAY NORTH PUD — 2R ORDINANCE 0-13-30 APPROVING A An Ordinance approving a variance at 942 Forest VARIATION REQUEST AT 942 FOREST for an accessory structure that would be larger than FOR AN ACCESSORY STRUCTURE 30% of the required rear yard. THAT WOULD BE LARGER THAN 30% OF THE REQUIRED REAR YARD Trustee Farkas moved approval of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE ESTABLISHING Assistant to the Village Manager, Andrew COMMERCIAL FILMING Lichterman, reported staff worked with the REGULATIONS —1R Village attorney and added provisions that do not allow more than two permits in a year. He noted that staff received comments expressing concern about the 14 day advanced notice requirement. Trustee Struthers moved to table further discussion due to significant changes requested by Trustee Farkas. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0-13-31 AUTHORIZING An Ordinance authorizing an amendment to the AN AMENDMENT TO THE SPECIAL Special Use and amendment to the PUD for the USE AND AMENDMENT TO THE PUD Sachs Recreation Center to allow changes to the FOR THE SACHS RECREATION south entry. Trustee Farkas moved to waive the CENTER TO ALLOW CHANGES TO first reading of the Ordinance. Trustee Struthers THE SOUTH ENTRY 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 July 15, 2013 Page 8 of 11 Trustee Struthers moved approval 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) ORDINANCE 0-13-32 AUTHORIZING An Ordinance authorizing a Class B Special Use to A CLASS B SPECIAL USE TO PERMIT permit the establishment of a yoga studio at 710 THE ESTABLISHMENT OF A YOGA Robert York Avenue, units F and G. STUDIO AT 710 ROBERT YORK AVENUE, UNITS F AND G Trustee Seiden moved to waive the first reading of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Trustee Seiden moved to approve the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Chris Siavelis, CRM Properties, believes the proposal to tax service uses in Village would be counterproductive and would discourage service tenants from coming into Deerfield. Mayor Rosenthal stated the Village is looking at it only if it applies to the entire State. NEW BUSINESS AUTHORIZATION TO EXECUTE AN Chief Sliozis reported that the department AGREEMENT WITH TOWNSHIP HIGH was approached by High School District 113 SCHOOL DISTRICT 113 FOR A for a full-time school resource officer. He noted SCHOOL RESOURCE OFFICER Highland Park and other communities already have school resource officers. The school district will pay 75% of the salary, benefits and overtime and half of any training. The School Board has approved the agreement and Chief Sliozis recommends the Village Board authorize the agreement so the officer can start the first day of the school year. Trustee Farkas noted this is a four-year agreement. He asked what would happen to the officer if it were not renewed. Chief Sliozis stated the resource officer would return to the ranks. Trustee Benton moved to authorize the execution of an agreement with Township High School District 113 for a school resource officer. Trustee Struthers seconded the motion. The motion passed by the following vote: Board of Trustees Meeting July 15, 2013 Page 9 of 11 AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE INCREASING THE An Ordinance increasing the authorized strength of AUTHORIZED STRENGTH OF THE the Deerfield Police Department. First Reading. DEERFIELD POLICE DEPARTMENT -1R Chief Sliozis stated they want to increase the strength of the department by one officer to maintain the existing strength of the patrol division with the addition of the school resource officer. The school resource officer will come from within the department. PUBLIC HEARING TO CONSIDER THE A Public Hearing to consider the proposed 6th PROPOSED 6TH AMENDMENT TO THE Amendment to the Parkway North Center PARKWAY NORTH CENTER annexation agreement for the portion of the ANNEXATION AGREEMENT FOR THE property west and north of Parkway North PORTION OF PROPERTY LYING Boulevard. WEST AND NORTH OF PARKWAY NORTH BOULEVARD Trustee Benton moved to open the Public Hearing. Trustee Farkas seconded the motion. The motion passed unanimously. Ivan Kane with Mayer Brown LLP noted this is a housekeeping amendment. There is some undeveloped land on the property. The annexation agreement expires in September and he wants to extend term of agreement to have the remaining undeveloped property developed in the same manner it has been under the existing agreement. He wants the term extended for 10 years. Mr. Street stated staff also recommends approval. No one else wished to comment. Trustee Benton moved to close the Public Hearing. Trustee Struthers seconded the motion. The motion passed unanimously. Trustee Struthers moved to accept the amendment. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO REALLOCATE Ms. Little stated the Village removed a number FUNDS TO TREE REMOVAL AND of trees due to emerald ash borer. She noted last STUMP GRINDING FROM TREE year's drought took a toll on the tree population, as PRUNING IN THE AMOUNT OF well. In addition, the wet spring has spread fungus. $30,000 As a result, the Village has expended the budgeted Board of Trustees Meeting July 15, 2013 Page 10 of 11 amount for tree removal. She recommended transferring funds from tree pruning to tree removal and stump grinding. Ms. Little noted the Village would still be able to prune trees in the southwest quadrant. Trustee Seiden moved to reallocate funds from tree pruning to tree removal and stump grinding in the amount of $30,000. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) RESOLUTION R-13-07 AUTHORIZING Chief Sliozis stated the police department is THE PURCHASE OF POLICE requesting the Board adopt a Resolution for the VEHICLE EQUIPMENT purchase of equipment for six new police vehicles. He reported the vehicles require extensive outfitting, including communication consoles, prisoner barricades/shields, light bars, etc. The police department recommends the Board adopt a Resolution for the purchase and installation of equipment for police vehicles through Havey Communications in an amount not to exceed $8,366.20 per vehicle or a total of $50, 197.20. Trustee Struthers moved approval of the Resolution for the purchase and installation of equipment from Havey Communications in an amount not to exceed $50,197.20. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DISCUSSION FAMILY DAYS Mayor Rosenthal noted the 50th celebration of Family Days was wonderful. She thanked everyone for their hard work. STORMWATER RETENTION Mayor Rosenthal and staff recently met with representatives of Highland Park, Bannockburn and the Lake County Stormwater Management Commission regarding possible stormwater management improvements and grant possibilities along the Middle Fork. TRUSTEE IN THE TOWN Trustee Seiden stated that he and Trustee Struthers will be at the Farmer's Market on July 27, 2013, for Trustee in the Town. He invited residents to come with questions. WATERING RESTRICTIONS Mr. Street reminded residents about the watering Board of Trustees Meeting July 15, 2013 Page 11 of 11 restrictions. Residents with odd addresses can water before noon and after 6 p.m. on odd number dates. Residents with even addresses can water before noon and after 6 p.m. on even number dates. ADJOURNMENT There being no further business or discussion, Trustee Benton made a motion to adjourn the meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:30 pm. APPR VED: Mayor ATTEST: � V Village C rk