04/06/2015April 6, 2015
The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by
Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on April 6, 2015, at 7:30
p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Alan Farkas
Thomas Jester
Robert Nadler
William Seiden
Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Mayor Rosenthal led those in attendance in
reciting the Pledge of Allegiance.
PROCLAMATION — NATIONAL Mayor Rosenthal proclaimed the week of April 12 -
TELECOMMUNICATIONS WEEK April 18, 2015, as National Telecommunications
Week in the Village of Deerfield. The Village
relies on these professionals 24 hours a day. They do a wonderful job for the Village.
Trustee Seiden moved to accept the Proclamation. Trustee Benton seconded the motion. The
motion passed unanimously on a voice vote.
Mayor Rosenthal presented the Proclamation to Telecommunicators Carolyn Bunnel and Joe
Heitz. Ms. Bunnell thanked the Village for all of their support on behalf of the entire
department.
PROCLAMATION — FAIR HOUSING Mayor Rosenthal proclaimed the month of April,
MONTH 2015, as Fair Housing Month in the Village of
Deerfield. She urged all residents to practice fair
housing practices throughout the country.
Trustee Benton moved to accept the Proclamation. Trustee Struthers seconded the motion. The
motion passed unanimously on a voice vote.
PROCLAMATION — BREATHE DEEP Mayor Rosenthal read a Proclamation in support of
NORTH SHORE Breathe Deep North Shore. Lung cancer can afflict
anyone regardless of whether they smoked or not.
Breathe Deep North Shore unites the North Shore community. The Lungevity Foundation has a
mission to have an immediate impact to support the quality of life and provides community
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April 6, 2015
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support and education. Breathe Deep North Shore honors the memory of several former
residents that lost their fight against lung cancer.
Trustee Farkas moved to accept the Proclamation. Trustee Benton seconded the motion. The
motion passed unanimously on a voice vote.
Sue Bersh accepted the Proclamation. She is proud to be an event coordinator of Breathe Deep
North Shore. She invited residents to support Breathe Deep North Shore Day on April 26, 2015,
at Deerfield High School.
Cindy Schwartz stated residents are invited to tie white ribbon around trees this week to show
their support. She thanked the Village for their support.
MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from
the March 16, 2015, Board of Trustees meeting.
Trustee Struthers seconded the motion. Trustee Struthers made a correction. The motion passed
unanimously on a voice vote.
TREASURER'S REPORT Eric Burk presented highlights from the Treasurer's
Report representing the month of February 2015.
He noted the non -home rule sales tax was consistent with the same period over the past two
years. It was higher than the past two years. The hotel tax for February increased due to the late
January payment. Electric utility tax is slightly down. The February state income tax payment
was received in January. Building permit revenue is lagging from last year, which was an
extraordinary year. Overall, the operating expenditures are below projections, primarily due to
timing issues. There were some large expenditures this month.
Mayor Rosenthal asked if staff has looked at the budget due to the Governor's suggested cuts.
Mr. Burk explained he is looking at the budget with the Village Manager.
BILLS AND PAYROLL Trustee Struthers moved to approve the bills and
payroll dated April 6, 2015. Trustee Nadler
seconded the motion. Trustee Jester noted there was a $40 expenditure on pizza due to a water
main break and acknowledged the hard work and long hours of the public works staff to
complete this task . The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
PUBLIC COMMENT Marvin Kayne, a long-time resident, expressed
concern about a receiving solicitations from utility
companies. He noted the information is very confusing and asked the Village to continue to look
into programs that offer resident's savings.. Mayor Rosenthal stated the Village entered into an
agreement with MC Squared three years ago. The contract is ending and the Village is looking
into another provider. The Village is also looking into another provider for gas, but she does not
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April 6, 2015
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have a definitive answer at this time. Mayor Rosenthal noted the Village will notify residents
regarding any changes. Mr. Kayne thanked the Village for their good work.
REPORTS
REPORT AND RECOMMENDATION Management Analyst David Fitzgerald reported
FROM STAFF RE: REQUEST FROM Residence Inn has requested a standard hotel liquor
RESIDENCE INN FOR A CLASS G license. They currently do not have a liquor license.
LIQUOR LICENSE ,
Trustee Farkas moved to accept the report and recommendation of staff. 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 RECOMMENDATION
OF THE BOARD OF ZONING APPEALS
RE: REQUEST FOR A VARIATION
FROM THE ZONING ORDINANCE AT
1152 CHESTNUT AVENUE FOR
RELIEF FROM REAR YARD
COVERAGE MAXIMUM AND SIDE
The Board of Zoning Appeals held a Public Hearing
on March 3, 2015, to consider the request for a
variation from the Zoning Ordinance for the
property located at 1152 Chestnut Avenue. The
Board of Zoning Appeals voted 5-0 in favor of the
request.
YARD Trustee Jester moved to accept the report and
recommendation of the Board of Zoning Appeals.
Trustee Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION
OF THE BOARD OF ZONING APPEALS
RE: REQUEST FOR A VARIATION
FROM THE ZONING ORDINANCE AT
829 CEDAR TERRACE TO PERMIT A
ONE-STORY ADDITION TO AN
EXISTING DETACHED GARAGE IN
THE REAR YARD
Mr. Street reported the Board of Zoning Appeals
held a Public Hearing on March 3, 2015, to
consider the request for a variation from the
Zoning Ordinance for the property located at 829
Cedar Terrace to permit a one-story addition to an
existing detached garage in the rear yard. The
Board of Zoning Appeals voted 5-0 in favor of the
request.
Trustee Farkas moved to accept the report and recommendation of the Board of Zoning Appeals.
Trustee Struthers seconded the motion. Trustee Struthers noted there is a lot of impervious
surface in the back yard and indicated the petitioner would have to take care of the drainage.
Petitioner Dan Ziemba stated he would comply with the maintenance requests made by the
Village.
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April 6, 2015
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The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission held a
OF THE PLAN COMMISSION RE: Public Hearing on February 26, 2015, to consider
REQUEST FOR A RESUBDIVISION OF the request for a resubdivision of property at 1555
THE PROPERTY AT 1555 WILMOT Wilmot Road into three lots. The lots would be
ROAD INTO THREE LOTS (MICHAEL conforming. The request includes a waiver from
STONE GROUP AND TERRY FRANKS) the Sidewalk Code. The Plan Commission voted
7-0 in favor of the request.
Ryan Johnstone, 316 Landis Lane, stated the property currently has two lots. They are looking
to create a third lot; the two interior lots would be 75 feet by 150 feet and the corner lot would be
100 feet by 150 feet.
Trustee Nadler asked if the petitioners would have any flexibility to increase the setback and
decrease the size, to minimize the impact to neighbors. If constructed as proposed, there would
be an 8 foot setback instead of the existing 25 foot setback. Mr. Johnston stated that the current
house is on an angle and faces North Avenue. The three houses would face North Avenue and
would be further from the existing neighbors. Trustee Struthers noted a neighbor commented
that they will have a house rather than a backyard next to them. Mr. Johnston stated there is a 40
foot setback off Wilmot. Trustee Nadler asked if the petitioner was willing give up 10 feet on
the 100 -foot lot, as a courtesy to the neighbors. Mr. Johnston noted it would depend on the
house that is proposed for the lot. Mayor Rosenthal asked if the configuration could be changed
before a house is proposed. Mr. Johnston would prefer not to make a change as they want to stay
as far from Wilmot Road as possible.
Gary Hoefler, 1549 Wilmot Road, expressed his utter distain for this project. He is a 37 year
resident of Deerfield. Mr. Hoefler believes the project is too big for the property. All of the
homes are situated east -west. The proposed project would turn things around, and the houses
would run north -south instead of east -west. Mr. Hoefler expressed concern because this would
cause water to run directly into his property. The three houses will be close to the property.
Mayor Rosenthal stated the Village engineers would look into the water flow. Trustee Struthers
stated they would have to build in drainage. The Village Ordinance states they cannot make the
water worse. Mr. Hoefler said he would look out to a fortress of homes if they are changed to
north -south. Mr. Hoefler does not believe progress should affect the Village negatively. They
should build something that keeps with the feel of the neighborhood.
Terry Franke stated his family has been in Deerfield for 67 years. His father was the Village
attorney for many years. When his parents bought the property 32 years ago, his father said the
property could be developed into three lots that met the Zoning requirements. Mr. Franke is a
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April 6, 2015
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real estate broker. They want the property to be developed in the right way and he thinks the
proposal makes sense. Mr. Franke noted the property has not yet been sold.
Marc Brown, 1557 Oakwood, encouraged the Board to take a close look at the property. It is a
gateway to Deerfield. Mr. Brown cannot understand how developing three houses on the site
would look nice but believes the Plan Commission did their job.
David Katz, 1568 Oakwood, would like a further setback. The property is very wet. There is a
massive amount of pooled water in that area. This proposal would only make the matter worse.
Doug White is the petitioner's engineer. He stated there are no downspouts onsite. The water
rushes to Wilmot Road. They are proposing a storm sewer as well as detention that would
collect the water runoff. They intend to improve the drainage on the property. The 40' setback
and trees would remain so the gateway of Deerfield would remain. Trustee Struthers noted there
is a lot of buckthorn. She would like to see the area improved. Mr. Johnstone stated they design
around the existing landscaping and try to save as much as they can. Initially, they want to keep
the buckthorn intact for privacy. Some of the deadwood would be cleared out and would look
better.
Mayor Rosenthal requested Attorney Coblentz to advise on the level of discretion afforded to the
Board when the lots are conforming. Attorney Coblentz noted that approving the division of land
is different than approving rezoning or a variance. There is less discretion. If the standards are
met, the division should be approved.
Trustee Nadler questioned if there is any history of the Village changing the front yard setback if
the developer was cooperative with the side setback. Mr. Coblentz is not aware of that type of
variation. Trustee Nadler noted the proposal clearly changes the character of the property. The
neighbor to the east probably did not imagine a house could be 8 feet from their property. Mr.
Street noted the Village has a front yard averaging rule. Trustee Nadler would like to consider
giving leeway from the 40 foot setback for additional side yard setback. Trustee Farkas does not
understand why the Village is not requiring sidewalks. Trustee Struthers would like to see a
curb. Trustee Farkas suggested requiring a deposit for future sidewalks. Mr. Coblentz noted that
would be covered in a subdivision agreement. Trustee Benton noted there would be an
examination of the drainage both during construction and after construction. The developer will
be responsible to ensure the drainage is not worse than the current drainage.
Trustee Benton moved to accept the report and recommendation of the Plan Commission.
Trustee Jester seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew
OF THE CABLE AND Lichterman stated the Cable and
TELECOMMUNICATIONS Telecommunications Commission has reviewed the
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COMMISSION RE: PUBLIC ACCESS current cable broadcasting options and recommend
TELEVISION consolidating the three public access stations into
one. The Village would no longer utilize the studio
and services provided by the Village of Highland Park and save money. The Village would
allocate two hours for public access.
Trustee Farkas stated part of the reason the studio is not being used is that people have easy ways
to create content. He noted this will be a huge financial savings for the Village.
Trustee Farkas moved to accept the report and recommendation of the Cable and
Telecommunications Commission. Trustee Struthers seconded the motion. The motion passed
by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE 0-15-11 AMENDING THE An Ordinance amending the Zoning Code and the
ZONING CODE AND THE MUNICIPAL Municipal Code to authorize medical cannabis
CODE TO AUTHORIZE MEDICAL distribution facilities as a Special Use. Second
CANNABIS DISTRIBUTION Reading. Mr. Lichterman stated the changes
FACILITIES AS A SPECIAL USE - 2R were made to comply with State confidentiality
requirements. The age restrictions were changed to
be remain consistent with any future changes to State law.
Trustee Farkas noted that he would vote no because the Village ordinance puts in greater
restrictions than is required in the State law and does not believe this is necessary. Trustee
Seiden noted he is uncomfortable voting for this ordinance since cannabis is still illegal by
federal law.
Trustee Jester moved to adopt the Ordinance. Trustee Struthers seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Nadler, Struthers (4)
NAYS: Farkas (1)
ABSTAIN: Seiden (1)
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April 6, 2015
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NEW BUSINESS
RESOLUTION R-15-07 A Resolution reallocating the 2015 volume cap to
REALLOCATING THE 2015 VOLUME the Village of Buffalo Grove. Mr. Fitzgerald
CAP TO THE VILLAGE OF indicated this is the annual request from Lake
BUFFALO GROVE County Partners.
Trustee Struthers moved to adopt the Resolution. 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 AWARD Assistant Director of Public Works and
CONTRACT SUPPLEMENT FOR Engineering Bob Phillips explained the scope of
DEERFIELD ROAD DESIGN work has increased over the past year. The scope
ENGINEERING now includes the underpass through the Village
limits to the east to Highland Park. The proposal
and contract that were originally executed for Phase 11 Engineering in the amount of $529,985.70
will need to be revised with an added amount of $150,572.84.
Trustee Farkas moved to award the contract for Deerfield Road supplemental design engineering
to Christopher B. Burke Engineering Ltd. in an amount not to exceed $150,572.84. Trustee
Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
RESOLUTION R-15-08 ADOPTING A Mr. Burk stated the Governmental Accounting
FUNDING POLICY FOR THE Standards Board statement requires the Village to
VILLAGE'S POLICE PENSION FUND have a formal pension funding policy. The policy
formalizes the Village's current practices. The
Village auditor and actuary reviewed the policy and it complies with the current practices. Mr.
Burk noted the police pension fund is 77% funded on an actuarial basis and 80% on a market
value.
Trustee Farkas moved to adopt the Resolution. Trustee Nadler seconded the motion. The
motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
DISCUSSION
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April 6, 2015
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STATEMENT OF ECONOMIC Trustee Farkas explained he recently completed
INTEREST the Statement of Economic Interest, which is
required by the State. It bothers him that this
document is unintelligible and believes it is atrocious that people can hide behind the awful
language on the form. Trustee Farkas hopes the Village can send a request to the legislature to
improve the form.
NORTHWEST MUNICIPAL LEAGUE Mayor Rosenthal was in Springfield on March 17
and March 18 with the Northwest Municipal
Conference. They met with leadership in Springfield and plead their case for the local
government distributive fund. The next budget will begin in July and legislators will work on it
when they get back. The Village will monitor it very closely and will take action to protect
Deerfield residents.
LAKE COUNTY VISITORS BUREAU Mr. Street and Mr. Lichterman met with
representatives from the Lake County Visitors
Bureau. They provided information on the number of hotel rooms they filled this year. The
number is up.
YOUTH APPRECIATION NIGHT Trustee Seiden attended Youth Appreciation Night.
He noted it was very well done.
COMMUNITY THE ANTI-DRUG Mayor Rosenthal and Mr. Street are part of
Community, The Anti -Drug and have attended
several meetings.
ELECTION DAY Tomorrow is election day. Village Hall is a polling
place in the Village. Mayor Rosenthal urged
residents to vote.
ADJOURNMENT There being no further business or discussion,
Trustee Nadler moved to adjourn the meeting.
Trustee Benton seconded the motion. The motion passed unanimously. The meeting was
adjourned at 9:00 PM.
APPROVED:
Mayor
ATTEST:
Village Cler