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09/16/2013September 16, 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 September 16, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Alan Farkas Tom Jester Robert Nadler William Seiden Absent were: Robert Benton Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. Mayor Rosenthal requested a moment of silence for the victims of the Navy Yard shooting in Washington, D.C. PLEDGE OF ALLEGIANCE PROCLAMATION while driving. Those in attendance recited the Pledge of Allegiance. Mayor Rosenthal proclaimed September 19, 2013 as Drive 4 Pledges Day in support of not texting Trustee Farkas moved approval of the Proclamation. Trustee Nadler seconded the motion. The motion passed unanimously on a voice vote. MINUTES OF PREVIOUS MEETING Trustee Farkas moved approval of the minutes from the September 3, 2013, Board of Trustees meeting. Trustee Nadler seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Seiden moved approval of the bills and payroll dated September 16, 2013. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) PUBLIC COMMENT Barb Wagner, 417 Milford, represented by attorney Cal Bernstein, discussed an issue with a water bill. Ms. Wagner is a resident living on a fixed income in Coromandel. Her townhouse has 3 Board of Trustees Meeting September 16, 2013 Page 2 of 7 bedrooms, 2.5 baths. Ms. Wagner's water bills have typically ranged from $40 to $80 per month. In August, Ms. Wagner received a water bill in excess of $3500. Staff investigated and reviewed the meter. Ms. Wagner hired a plumber who determined there is no leak that would have caused a water bill of this magnitude. In September, she received a water bill in the amount of $41 for the month of August. Mr. Bernstein requested staff work with Ms. Wagner to see what they can do to assist. Mayor Rosenthal suggested allowing staff to make a fair accommodation. Trustee Nadler is puzzled because the meter is working fine but it seems implausible that the bill is $3500. He believes the bill should be treated as an exception. Trustee Seiden moved to direct staff to look into the issue and make a fair accommodation. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN FOR THE AMLI DEVELOPMENT AT 1525 LAKE COOK ROAD conformance. REPORTS Mr. Street reported that the Plan Commission considered the request for approval of the final development plan for the AMLI development located at 1525 Lake Cook Road on August 22, 2013. After requesting several changes, the Plan Commission voted 7-0 in favor of finding the final development plan was in substantial Ivan Kane, attorney representing AMLI Deerfield, reminded the Trustees that this is a joint venture between AMLI and the Jewish Federation of Metropolitan Chicago. Steve Ross, Director of Development for AMLI, noted there was a minor change adding a roof to the garage to assist in snow removal. The parking spaces in the garage are now 8.5' wide, which is the industry standard for a low turnover garage. Mr. Ross noted the clubhouse was increased slightly, but is not closer to Lake Cook Road. The site signage formerly had landscaping on the Walgreens parcel with a double sided sign. Walgreens did not want the parcel landscaped, so the double sided sign is now a one-sided sign in both the northeast and northwest sides of the entrance on the AMLI site. There is now a wall sign above the clubhouse entryway that reads AMLI Deerfield. Walgreens insisted they not put landscaping on their parking lot, so AMLI changed the landscaping on the northeast corner and brought it back onto their property. They are asking for reversed land banking, because they are requesting the option to convert up to 8 spaces from paving to green space. Mr. Ross stated they have more parking than what is required by code. Mr. Kane added they are in process of getting Board of Trustees Meeting September 16, 2013 Page 3 of 7 LEED credit and found they cannot have more spaces than code. Mr. Kane is asking to turn up to 8 spaces into green space if necessary for the LEED credit. Trustee Jester asked if the other spaces could be restriped to be a little wider. Mr. Kane stated the spaces are 8.5' wide. He noted their parking consultant, Walker Parking, indicated the standard for the use is 8'3"— 8'.6". Mr. Ross noted the Trustees asked about number of elevators. The elevator consultant indicated three elevators were sufficient, as most residents would park on the same level as they live. Trustee Seiden visited two other AMLI locations and no longer believed there was an issue. Mr. Ross discussed pedestrian access across Lake Cook Road at Wilmot. They met with the Cook County Highway Department who was adamant in their denial for a pedestrian walkway across Lake Cook Road. Mr. Street confirmed the Cook County Highway Department position that the pedestrian crossing should be at Huehl and not Wilmot. At the same time, they are working with TMA and Pace to try to coordinate Shuttle Bugs. Trustee Seiden inquired about how the residents would be informed that they are going to Northbrook schools and not Deerfield schools. Mr. Street suggested including that in their marketing materials. Mr. Ross stated they would also have the information listed on their website. Trustee Farkas moved acceptance of the report and recommendation of the Plan Commission. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) REPORT AND RECOMMENDATION The VCDC met several times over the last few OF THE VILLAGE CENTER months to consider their future roll and functions. DEVELOPMENT COMMISISON RE: On August 14, 2013, the VCDC voted 6-0 to REQUEST THAT THE MAYOR AND request the Mayor and Board of Trustees consider BOARD OF TRUSTEES CONSIDER amending the Municipal Code to repurpose the AMENDING THE MUNICIPAL CODE Village Center Development Commission as the TO REPURPOSE THE VILLAGE Village Center Commission. They would like the CENTER DEVELOPMENT new commission to be an idea commission that COMMISSION (VCDC) AS THE recommends events, promotions and other ways to "VILLAGE CENTER COMMISSION" promote downtown businesses, and not review special use requests. Trustee Farkas questioned why the Commission would limit themselves to the Village center. VCDC members Joan Reed, Jan Shaw and Jan Zobus were present. Ms. Reed believes the members of the VCDC felt comfortable keeping the Village Center as the primary focus of the new commission. They want the downtown to be the major focus point in the Village. Mayor Rosenthal stated the VCDC was instrumental in the development of downtown Deerfield. The members have done great work. Mayor Rosenthal suggested asking a downtown business Board of Trustees Meeting September 16, 2013 Page 4 of 7 operator that does not necessarily live in Deerfield but has a vested economic interest in the downtown to become part of the Commission. Trustee Farkas moved approval of the report and recommendation. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on August 20, 2013 to consider a 1 -story addition MINIMUM AND COMBINED SIDE on the south side of an existing, legal, non - YARD SETBACK AT 1057 PARK AVE. conforming lot increasing the encroachment. The Board of Zoning Appeals voted 5-0 in favor of the recommendation. Trustee Farkas moved acceptance of the report and recommendation. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) Petitioner Ben White believes allowing staff to perform an administrative review would simplify the process and lessen the burden of residents. He noted other communities have gone to this method of approval. REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on August 20, 2013, to consider a rear yard setback REAR YARD SETBACK AT 136 E. variation that would permit a one-story screened ST. ANDREWS porch addition. The Board of Zoning Appeals voted 2-3 against the request. Trustee Seiden suggested the petitioner go back to the Board of Zoning Appeals with additional photographs, as there was not a full complement of the Village Board at this meeting. Petitioners David and Hollis Wein stated their big stumbling block is the location of the porch. Mr. Wein does not feel they properly articulated what they want to accomplish at the BZA meeting. Trustee Nadler noted he lives across the street and believes this should pass as the proposed addition would not be visible and would be an improvement that would add value to the home. Mayor Rosenthal stated they would need four trustees to vote in favor to overturn the BZAs decision. Trustee Farkas suggested the petitioners withdraw their request from the Board agenda and go back before the Board of Zoning Appeals for further consideration. Board of Trustees Meeting September 16, 2013 Page 5 of 7 Trustee Seiden moved to send the petition back to the Board of Zoning Appeals at the petitioner's request. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) CONSENT AGENDA ORDINANCE 0-13-41 APPROVING A VARIATION REQUEST AT 430 BRIERHILL ROAD FOR AN ESTABLISHED FRONT YARD SETBACK LESS THAN 175 FEET — 2R ORDINANCE 0-13-42 APPROVING A VARIATION REQUEST AT 1509 WILMOT ROAD FOR AN ESTABLISHED FRONT YARD SETBACK LESS THAN 121 FEET — 2R An Ordinance approving a request for a variation at 430 Brierhill Road for an established front yard setback less than 175 feet. Second Reading. An Ordinance approving a request for a variation at 1509 Wilmot Road for an established front yard setback less than 121 feet. Second Reading. Trustee Farkas moved for approval of the Consent Agenda and adoption of the Ordinances. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) OLD BUSINESS ORDINANCE 0-13-42 ZONING An Ordinance zoning the property at the southwest PROPERTY AT THE SOUTHWEST quadrant of Deerfield Road and the Tri-State QUADRANT OF DEERFIELD ROAD Tollway, upon annexation to the R-5 general AND THE TRI-STATE TOLLWAY UPON residential district, approving a Special Use and ANNEXATIONTO THE R-5 GENERAL final development plan for the Woodview RESIDENTIAL DISTRICT, APPROVING Residential Planned Unit Development and A SPECIAL USE AND FINAL approving an amendment to the Parkway North DEVELOPMENT PLAN FOR THE Planned Unit Development — Second Reading. WOODVIEW RESIDENTIAL PLANNED UNIT DEVELOPMENT AND Trustee Jester moved for adoption of the Ordinance. APPROVING AN AMENDMENT TO Trustee Farkas seconded the motion. The motion THE PARKWAY NORTH PLANNED passed by the following vote: UNIT DEVELOPMENT — 2R Board of Trustees Meeting September 16, 2013 Page 6 of 7 AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) ORDINANCE APPROVING AN An Ordinance approving an amendment to the AMENDMENT TO THE SIGNAGE signage plan, including sign modifications for the PLAN, INCLUDING SIGN Corporate 500 Centre. First Reading. This will MODIFICATIONS, FOR THE stand as a First Reading of the Ordinance. CORPORATE 500 CENTRE — 1R NEW BUSINESS AUTHORIZATION TO EXECUTE A Assistant Director of Public Works and CONTRACT FOR PRELIMINARY Engineering, Bob Phillips, stated the Deerfield PHASE III ENGINEERING FOR THE Road reconstruction project would be bid in January DEERFIELD ROAD and construction would begin in March. The RECONSTRUCTION PROJECT Village wants to put the water main portion out to bid in late November to ensure the water main work is completed before the start of the road construction. Staff interviewed five consultant groups. As part of qualifications -based selection process, Thomas Engineering Group was unanimously selected. The preliminary proposal for Phase III is $39,722. As part of the 2013 capital improvement project, the department budgeted $350,000 for professional design services for the project. The total expenditure for design services this fiscal year is expected to be $250,000, leaving $100,000 in the budget for professional services. Staff requested appropriating $39,722 from the remaining funds to cover the cost of preliminary Phase III engineering. Trustee Seiden moved to authorize execution of a contract with Thomas Engineering Group for preliminary Phase III engineering for the Deerfield Road reconstruction project in an amount not to exceed $39,722. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden (4) NAYS: None (0) DISCUSSION TRUSTEE IN THE TOWN Trustees Nadler and Jester will be present. Trustee Seiden reported the last Trustee in the Town for 2013 will be Saturday, September 28, 2013. Trustee Jester added it will be the annual Harvest Fest at the Farmer's Market, as well. There will be a watermelon -eating contest, an apple pie baking contest, a scavenger hunt and many other fun activities. COMMUNITY SERVICES DAY Mayor Rosenthal invited residents to the new and Board of Trustees Meeting September 16, 2013 Page 7 of 7 improved Community Services Day on Saturday, September 21, 2013, at Jewett Park from 9 — noon. FALL FESTIVAL Mayor Rosenthal reported the Deerfield Area Historical Society Fall Festival would take place Sunday from noon — 4 p.m. NORTHWEST MUNICIPAL Mayor Rosenthal, Mr. Coblentz and Mr. Street will CONFERENCE meet with the Northwest Municipal Conference to see if they have an interest in pursuing the commercial lease transaction tax. WORLD WAR II REUNION NEXT MEETING Mayor Rosenthal reported she will be attending the USS Sullivan World War II reunion at the Marriott Suites on Wednesday evening. The next Board of Trustees meeting will take place Monday, October 7, 2013, at 7:30 p.m. ADJOURNMENT There being no further business or discussion, Trustee Farkas moved to adjourn the meeting. Trustee Jester seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:30 PM. APPR VED: Mayor ATTEST: Village Jerk