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
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July 15, 2013
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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
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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.
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July 15, 2013
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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
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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
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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:
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