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06-05-2017June 5, 2017 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 June 5, 2017, at 7:30 p.m. The clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Thomas Jester Mary Oppenheim William Seiden Dan Shapiro Barbara Struthers and that a quorum was present and in attendance. Also present was Village Manager Kent Street and Village Attorney Matthew Rose. PLEDGE OF ALLEGIANCE Members of the Rochelle Zell Jewish High School Model U.N. Team led those in attendance in reciting the Pledge of Allegiance. Mayor Rosenthal reported this is the third year the Rochelle Zell Jewish High School has won this international competition. The most important aspect of Model U.N. is the ability to cooperate and engage in diplomacy. Mayor Rosenthal presented the students with a street sign that will be placed at the entrances to the Village. FARMERS MARKET POSTER Nancy Anderson, Deerfield Farmers Market Manager, presented Hanna Cohen's winning poster to the Village. There were 18 entries this year. Ms. Anderson invited everyone to the first Farmers Market of the year on June 17, 2017. Trustee Seiden noted Mayor Rosenthal and Trustee Shapiro will be at the Farmers Market for Trustee in the Town. MINUTES OF PREVIOUS MEETING Trustee Struthers moved to approve the minutes from the May 15, 2017, Board of Trustees meeting. Trustee Jester seconded the motion. The motion passed unanimously on a voice vote. TREASURER'S REORT Finance Director Eric Burk presented highlights from the Treasurer's Report for April, representing one third of the year. Non -home rule sales tax decreased both from last month and the same time last year. Water and sewer billing increased, and are consistent with the prior year. The hotel tax increased over the same time last year. Building permit revenue decreased, but is still above the same period last year. There were no unanticipated expenses. IMET had a settlement through the insurance companies. The Village will receive some money back. BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and Payroll dated June 5, 2017. Trustee Benton Board of Trustees Meeting June 5, 2017 Page 2 of 9 seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) PUBLIC COMMENT John Levy, 1340 Elmwood, has been a Deerfield resident for 23 years. Mr. Levy has an issue with a neighbor who lives on Linden. He has tried to speak with his neighbor and has sent emails for several years. Mayor Rosenthal indicated the neighbor installed a basketball court with bright lights and a 10 -foot sport court fence. She noted the Village has a nuisance ordinance that speaks to noise. Under the Ordinance, the Village should be able to rectify the lights shining directly into Mr. Levy's home. Mr. Street and Mr. Levy have spoken with Village Code Enforcement Supervisor Clint Case, who has spoken to the homeowner. Mr. Case informed them that Village does not have a light spillover provision in the Ordinance. Mr. Street noted Highland Park has a residential light spillover provision. Mayor Rosenthal asked if the Village could retroactively enforce an Ordinance. Trustee Shapiro questioned how to address residential light spillover. Trustee Jester noted the photographs are not spillover; rather, shows light going directly into Mr. Levy's home. Mr. Levy noted a notification of non-compliance was sent to the homeowner regarding their fence. Mr. Street noted Mr. Case spoke with the Plan Commission regarding updating the definition of a sport court. Trustee Oppenheim questioned how much enforcement the Village has, as the issues already exist. Mr. Rose noted that Mr. Levy may also wish to seek a remedy through the courts. The regulatory issue is something the Village Board can consider, but the best remedy at this point may be private. Mr. Levy spoke with the police department, but there was no resolution. Mr. Rose noted the Village would be willing to mediate the issue to try to obtain a resolution. Trustee Struthers noted Deerfield has always been very sensitive to the issue of lights as nuisances. Mr. Rose noted the Village Ordinance has violations for noise, with a maximum fine of $500 per occurrence. Trustee Shapiro believes the Village needs to create standards in order to enforce the issue. Mr. Levy noted the sport court net is viewed as a fence. He viewed it as a violation of the seven - foot height maximum as written in the Code. Mr. Street indicated the Village notifies the homeowner and needs to wait before pursuing it in the courts. Mr. Levy noted the homeowner said he would discuss the issue with his engineer more than a year ago. Mr. Street suggested documenting the situation. The Board can direct staff to draft an Ordinance regarding residential lighting. Trustee Oppenheim questioned the Village's ability to enforce the Ordinance. Trustee Struthers questioned what the Village could do to get relief for Mr. Levy. Trustee Benton believes there are a number of issues and proposed drafting an Ordinance for residential lighting. Trustee Oppenheim believes an Ordinance would help clarify the enforcement. Mr. Levy requested the surrounding homes be contacted prior to a sports court being installed. Trustee Seiden noted the Village has an impervious surface Ordinance. Mr. Levy noted that his property floods since the sports court was installed. He indicated the homeowner removed a number of Board of Trustees Meeting June 5, 2017 Page 3 of 9 trees before installing the sports court. Staff will look into these issues as well. Mayor Rosenthal also asked Chief Sliozis to look into the situation. Andrew Marwick, 442 Kelburn, noted the Trump administration has released railway electrification funds, which will help advance high speed rail. Deerfield sits on the Chicago Milwaukee railway. This would be an ideal corridor to electrify. Mr. Marwick hopes there will be progress with improved Metra and Amtrack service. He thinks there is potential to look into the long-term future for development in Deerfield Park Plaza and Deerbrook. There are a number of underutilized stores in the Village. Mr. Marwick suggested the Village Center Commission look into what could be done in these areas. REPORTS REPORT AND RECOMMENDATION Management Analyst David Fitzgerald reported the OF THE FINE ARTS COMMISSION RE: Fine Arts Commission has worked for more than 5 MURAL PROJECT ON AT&T years to get a mural on the east side of the AT&T BUILDING building. The Commission put together an RFP with Michael Moran, an art teacher at Deerfield High School. The Fine Arts Commission is requesting the Trustees allow the Village Manager to enter into an agreement with AT&T for the mural project. The Fine Arts Commission is looking to make this an annual project. Trustee Oppenheim moved to accept the report and recommendation of the Fine Arts Commission. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REMOVAL OF THE RESTAURANT PROHIBITION AT CADWELL'S CORNERS SHOPPING CENTER FOR THE PORTION OF THE SHOPPING CENTER SOUTH OF PET SUPPLY PLUS TO THE END UNITS FACING LAKE COOK ROAD AND AN AMENDMENT TO THE SIGN PLAN The Plan Commission held a Public Hearing on May 11, 2017, to consider the request to remove the restaurant prohibition at Cadwell's Corners Shopping Center for the 12,900 -square -foot area south of Pet Supplies Plus to the end units facing Lake Cook Road. The restaurant prohibition would remain intact for the rest of the shopping center. They are also requesting an amendment to the sign plan for the pylon signs at Cadwell's Corners. If the prohibition is lifted, the restrictions would be FOR THE PYLON SIGNS (CADWELL'S consistent with restaurants in the C-2 district. The CORNERS Plan Commission voted 5-1 in favor of the request with the condition that restaurant deliveries and trash pickup be restricted to Monday through Saturday between 8 a.m. and 5 p.m. as well as additional landscape screening. Board of Trustees Meeting June 5, 2017 Page 4 of 9 Mayor Rosenthal stated she reviewed the Plan Commission minutes and listened to the tape. There were things said by petitioners at the Plan Commission that she found offensive. Jeff Bizar alleged that the elected officials have made up their minds as to how they will vote before a meeting. Mayor Rosenthal noted this does not happen as it is a Violation of the Illinois Open Meetings Act. Mayor Rosenthal noted that Mr. Bizar mentioned with glee that his lawsuit against the Village regarding Fresh Thyme cost taxpayers $40,000 to fight. He also indicated the Board got insurance to keep them from being sued, which is not the case. Mr. Bizar indicated Mayor Rosenthal said the Village can determine which businesses are brought into the Village. This also is not the case. She noted Mr. Bizar wanted a teen center, but the Village had issues with the security. Mr. Bizar could have appeared before the Plan Commission with a proposal for this business, but did not. Mr. Bizar also mentioned that the Plan Commission and Board do not care. Mayor Rosenthal stated that the Plan Commission and Village Board are all volunteers and they take their duties seriously and contribute their time and energy because they care about the community. Mayor Rosenthal noted that Mr. Bizar calls the Fresh Thyme CEO on his cell phone if there is a violation, but does not notify the Village. The Village cannot help resolve an issue if it is unaware there is a problem. The original Board, 36 years ago, restricted restaurants at that property. Mr. Bizar questioned at the Plan Commission what has changed. Mayor Rosenthal agreed that was a worthwhile question and posed it to the petitioners. David Beak, Attorney with New Castle Properties, provided a synopsis of the Plan Commission presentation. The original plan for restaurant use was rescinded as Cadwell's Corners was a new concept for the location. The retail landscape has changed and brick and mortar stores are not as prevalent. Shopping centers need restaurant uses to provide traffic, visibility and livelihood to the center. The space has been open for a number of years. Shaun Devine with New Castle Properties, stated it is very difficult to fill a center of that size with just brick and mortar retail. He noted that every other center in Deerfield allows restaurants. They want to be put on the same level as the other centers in Deerfield. New Castle Properties has received interest from restaurant uses since they renovated the space. Mr. Devine noted they have a leasing broker trying to attract users for the space. He noted retailers do not even look at the vacant space when they find restaurants are prohibited. Mr. Beak indicated Cadwell's Corners is unique because they are zoned C-2 and abut residential. The trash collection is handled through the Village contractor, who knows not to enter the property before 8 a.m. Mr. Beak noted there will be activity once the space is leased. The proposal is to comply with C-2 zoning, which includes submitting for a Special Use if a restaurant is over 3,000 square feet or wants a drive-thru. He noted deliveries would be restricted to 8 a.m. to 5 p.m. and that would be in the lease. Mr. Beak indicated some restaurants take small deliveries through the front door. He questioned if that would be allowed on the west side (parking lot) or the south side, which are further buffered from residential. Mayor Rosenthal questioned what has changed that would be different for a restaurant, such as nuisances, garbage, odors, compared to 36 years ago. Mr. Beak noted there was a previous site Board of Trustees Meeting June 5, 2017 Page 5 of 9 plan for a standalone restaurant as an outlot. The center had a different configuration at that time. Mr. Beak believes restaurant ventilation has improved. Center ownership will regulate the trash enclosures. Mayor Rosenthal noted the proposed restaurant 36 years ago was for a Roy Rogers restaurant with a drive-thru. She questioned how Center ownership would keep the odors and rodents away from the residential area. Mr. Devine indicated the trash containers and dumpster containers are designed to keep rodents out. They could also ensure there is more frequent power washing of the dumpsters. Some of the possible tenants would not cook onsite. Mr. Beak noted any tenant would be required to add proper ventilation. Mr. Devine indicated the nature of the restaurant business has changed, and most are fast casual rather than sit-down restaurants. He noted the restaurants would close around 9 p.m. Trustee Oppenheim asked about the buffering. Mr. Beak met with some of the neighbors. They looked at the Fresh Thyme buffering, which is only along the north side. Additional buffering, in the form of landscaping and a berm, were added. They Village looked at the concept of installing a fence, but it would deny access to the berm for maintenance. He questioned what buffering a 4 -foot fence would provide. Mr. Devine noted the neighbors would not be in favor of removing vegetation that provides a barrier to residential areas. Mr. Beak stated they could extend the fence 100 feet beyond the dumpster area. A resident expressed concern about an opening in the tree canopy. Mr. Devine stated they would add vegetation at that opening. Trustee Benton noted there is a church behind the proposed restaurant area, not homes. Mr. Beak requested more clarity regarding delivery restrictions on the west side of the building. There are prospective tenants that may take some deliveries in their front door. He would not want them cited for front -door, van -size deliveries. Trustee Shapiro inquired about the earliest delivery time. Mr. Beak does not know specific time, as he is not proposing a limitation on the west side. Trustee Struthers would be concerned about deliveries on the west side of the building at 4 a.m. Trustee Oppenheim noted they are assuming only a van -size vehicle would be allowed to deliver through the front door. Mr. Beak noted sit down restaurants typically do not take deliveries through the front door. It is usually a smaller restaurant, like a Firehouse Subs, that takes front -door deliveries. Mr. Beak noted the Plan Commission requested additional landscaping. They spoke with the neighbors and do not believe it is necessary or practical to add a fence or additional landscaping given the nature of the berm, existing landscaping, and the homeowners' recommendation. They would agree to fill in the space, however. Trustee Seiden would be concerned if a restaurant was 24 hours or operating late into the evening. Marry Schaefer, 99 Evergreen Court, questioned what has changed since the prohibition was put in place. He stated that the houses are there and the restaurant smells will not change. He noted there was no evidence presented to the Plan Commission stating that there would be no material impact on home values. There was no reliable information stating a restaurant would not impact property owners. He stated there is an ongoing history with shopping centers wanting to lease to restaurants, and this has not changed. Mr. Schaefer asked what controls would be put in place to protect homeowners from the odors. The smells would be 88 feet from residential areas. Mayor Rosenthal noted a cigar store successfully used a ventilation system to eliminate odors. Board of Trustees Meeting June 5, 2017 Page 6 of 9 Trustee Struthers questioned if there is an issue with odors from Fresh Thyme or Pet Supplies Plus. Mr. Schaefer is not aware of any issues. Linda Paul, 90 Evergreen Court, stated her home backs up to the alley. She does not have any issues about enlarging the sign and is in favor of leasing the property. Ms. Paul is concerned about the garbage. Although the trash is covered, she stated the receptacle will not be like Fresh Thyme because it would be cost prohibitive. The existing trash enclosure is not in good condition and there are odors from the existing tenants. Ms. Paul questioned whether washing the trash receptacles would be enough. She looked at some of the other trash enclosures in the Village, which include brick structures rather than a fence. Although the restaurants are not near the residential properties, the trash receptacles would be and trash would need to be wheeled to the receptacles. Marvin Kogan, 135 Doral Court, owns a property backing up to the south side of the shopping center. Mr. Kogan is disappointed that the center ownership has not reached out to the residents to hear their concerns. Restaurants are not the same as retail stores. The number of employees, arrival time before opening, opening times, etc. are different. Restaurant employees may arrive as early as 4 a.m. Mr. Kogan noted every issue at Cadwell's Corners has been with refrigerated trucks. The neighbors do not want a restaurant. The shopping center exists because of the restaurant prohibition agreement. There have been a number of Ordinance violations with Fresh Thyme, even though residents were promised there would not be deliveries before 8 a.m. He noted a majority of the issues seem to revolve around holidays. Mr. Kogan indicated there are a number of lights out on the property, which the property owner has yet to repair. He believes the landscaping has not been maintained and suggested looking at revoking Cadwell's Corners special use. Mr. Kogan does not believe the residents should act as policemen. He suggested requiring all restaurants to go through the Special Use process and special trash enclosures and imposing fines for violations. Mr. Marwick lives in Coromandel, which is behind a much larger restaurant than what is being proposed. Mr. Marwick investigated the area behind Fresh Thyme and expected to find trash blowing around the area, but did not see that. Mr. Marwick noted adding a restaurant to Cadwell's Corners would be a plus for most of Deerfield. An empty, deteriorating shopping center would be worse than the proposed restaurants. This is a high traffic location and would attract patrons to Deerfield. Mr. Marwick suggested calling the Village if there are trash or rodent issues. A restaurant would help the tax base in Deerfield. Mayor Rosenthal would like to know more about how the trash receptacles will be screened and kept clean. She also requested the petitioner to provide additional information regarding: (1) the impact on property values, (2) if vendors that violate the delivery restriction are being penalized, (3) how the current landscaping compares to the approved landscape plan, (4) what technological advances have been made in the restaurant industry to mitigate their impact on nearby properties; and, (5) what specific delivery hour restrictions the restaurants would adhere to. Mayor Rosenthal recommended continuing discussion to the next meeting in June. Trustee Oppenheim noted the trash seems to be a critical issue for the neighbors and suggested a more substantial trash receptacle structure. She also suggested moving the area for the trash enclosure to the Board of Trustees Meeting June 5, 2017 Page 7 of 9 southernmost end of the parking lot. Trustee Shapiro suggested making some limitations to the west side deliveries. Trustee Seiden asked for the petitioner to explain what has changed in restaurant operations over the past 36 years. He wants to assure the neighbors that there will not be odors or rodents. Trustee Struthers would like to see improved compliance with the current restrictions and would like to hold the entire center to the same delivery hour restrictions. Mr. Street cautioned that there may be some limitations with the property owners ability to require tenants other than Fresh Thyme to abide by the same delivery hours. Trustee Shapiro moved to table further discussion to the June 19 meeting. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: A SPECIAL USE FOR AN ART VAN FURNITURE RETAIL STORE OVER 30,000 SQUARE FEET IN THE FORMER SPORTS AUTHORITY SPACE AT THE DEERBROOK SHOPPING CENTER (GATEWAY FAIRVIEW, INC. — PROPERTY OWNER AND MID - The Plan Commission held a Public Hearing on May 11, 2017, to consider the request for a Special Use for a 41,936 square foot furniture retail store in the former Sports Authority space in the Deerbrook Mall Shopping Center for Art Van Furniture. The Plan Commission voted 6-0 in favor of the request. The Appearance Review Commission held a preliminary review on February 27, 2017. AMERICA ASSET MANAGEMENT, INC. — PROPERTY MANAGER AND Trustee Oppenheim moved to accept the report and ART VAN FURNITURE) recommendation of the Plan Commission. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Plan Commission held a workshop meeting on OF THE PLAN COMMISSION RE: April 13, 2017, to consider the request for approval REQUEST FOR APPROVAL OF THE of the final Plat of Subdivision for the property FINAL PLAT OF SUBDIVISION FOR located at 1530 Woodland Drive and 1509 Wilmot THE PROPERTY AT 1530 WOODLAND Road for Red Rock Development. The Plan DRIVE AND 1509 WILMOT ROAD Commission voted 5-0 in favor of the request. (RED ROCK DEVELOPMENT) Mayor Rosenthal indicated there have been some issues with Greenview Builders going bankrupt and wanted to be sure that lessons learned from that situation were being implemented in this case. Mr. Street noted there is a lawsuit and those participating are waiting for the final court decision. Mayor Rosenthal questioned whether there is any protection from something like that happening again. Mr. Street noted that building permits are issued for a specific project or the developer. The regulations have not changed, but Board of Trustees Meeting June 5, 2017 Page 8 of 9 this situation has not come up in the past. He would like to review the request with the Village Attorney's office Trustee Oppenheim moved to accept the report and recommendation of the Plan Commission regarding the request for approval of final Plat of Subdivision for the property located at 1530 Woodland Drive and 1509 Wilmot Road subject to attorney approval. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSENT AGENDA There were no items on the Consent Agenda. There was no Old Business. OLD BUSINESS NEW BUSINESS AUTHORIZATION TO SUPPORT THE Wastewater Superintendent Brandon NORTH BRANCH CHICAGO RIVER Janes reported all three forks of the North Branch WATERSHED WORKGROUP are on the IEPA impaired waters list and fail to meet their approval. The IEPA supports solving local water issues in groups, such as the North Branch Chicago River Watershed Workgroup. The structure and goals of the NBWW will be designed to meet IEPA requirements. The group is committed to an approach that focuses on stakeholder involvement, monitoring and locally led decision-making based on sound science. The dues are based on MS4 acreage with a cost to Deerfield of $11,867. The dues would cover water quality testing, the Village's MS4 monitoring requirements and some of the Wastewater Reclamation Facility in -stream sampling. Trustee Jester, although in favor of the workgroup, believes documenting what exists is important. He would like the Village to receive a report regarding what the workgroup is measuring. He would like to know which NGOs are lobbying the IEPA and thinks a basin -wide approach makes a lot of sense. Trustee Jester does not believe determining how to make the watershed fishable and swimmable is important. Mr. Janes indicated they have received letters from Niles, Wilmette and the North Shore Sanitary District so far. Trustee Struthers moved to authorize the support of the North Branch Chicago River Watershed Workgroup in the amount of $11,867. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) Board of Trustees Meeting June 5, 2017 Page 9 of 9 AUTHORIZATION TO EXECUTE Director of Public Works and Engineering Barbara AMENDMENT 2 TO THE AGREEMENT Little reported the Metra office of real estate and FOR THE OPERATION OF COMMUTER contract management has reviewed the parking lot PARKING FACILITY maps. They no longer want to own lots on public rights-of-way that are owned by municipalities. Ms. Little noted Metra owns most of the parking spaces except 30 along Chestnut. They presented the Village with Amendment 2 to the agreement for the operation of a commuter parking facility. Ms. Little indicated the Village already has maintenance responsibility for the parking lot, so there would not be an additional cost for the Village. Trustee Shapiro moved to execute Amendment 2 to the agreement for the operation of the commuter parking facility. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Shapiro, Struthers (5) NAYS: None (0) ABSTENTION: Oppenheim (1) DISCUSSION COMMONWEALTH EDISON MEETING Mr. Street, Mr. Lichterman, Mr. Fitzgerald and Mayor Rosenthal met with representatives from ComEd and will invite them to a Board meeting to discuss the improvements. MEMORIAL DAY SERVICE FINE ARTS FESTIVAL DBR CHAMBER LUNCHEON Mayor Rosenthal thanked everyone for participating. The cemetery looked great. Mayor Rosenthal thanked everyone for participating in the event. Mayor Rosenthal and Mr. Street attended the DBR Chamber of Commerce Scholarship Luncheon. Three students from Deerfield High School received scholarships; two from Takeda and one service award. FARMER'S MARKET Mayor Rosenthal reminded residents that the first Farmer's Market will take place on June 17, 2017. ADJOURNMENT There being no further business or discussion, Trustee Struthers moved to adjourn the meeting. Trustee Shapiro seconded the motion. The meeting was adjourned at 10:15 pm. The next regular Board of Trustees meeting will take place on Monday, June 19, 2017 at 7:30 p.m. Board of Trustees Meeting June 5, 2017 Page 10 of 9 APPROVED: `J Mayor ATTEST: Village Clerkf