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07-17-2017July 17, 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 July 17, 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 (arrived 7:50 pm) 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 Police Sergeant Iain McCowan lead those in attendance in reciting the Pledge of Allegiance. 25 YEARS OF SERVICE Mayor Rosenthal reported tonight marks Sergeant McCowan's 25th year of service. He started as a police cadet in Deerfield. Sergeant McCowan has received numerous commendations for his service. His current assignment is Sergeant of the Traffic Unit. Sergeant McCowan introduced his family and thanked everyone for their support. REPORT ON STORM AND FLOODING Assistant Village Manager Andrew Lichterman reported the Village received approximately 7 inches of rain in a 24 hour period between July 11 and 12. Many employees worked overnight. Approximately 25 roads were completely or partially closed during that time. The reservoirs serving the Village performed as expected. Over the past week, the Village engineering division will visit properties and offer ideas for improvement. Staff was in regular communication with ComEd as more than 2,000 residents or businesses lost power during the storm. ComEd's restoration was slowed due to fallen trees and access issues related to high water. The Village sent several e -blasts to keep residents informed. Residents are encouraged to sign up for ComEd's power alerts. Mayor Rosenthal commended Village staff on how well they served the residents. Many staff members worked through the night. Mayor Rosenthal questioned how the residents can go about getting money from the Lake County being declared as a disaster area. Mr. Lichterman will let residents know how to collect if the Federal funds become available. Mr. Street reminded residents to sign up for the Village's a -blast system. DEPARTMENTAL OBJECTIVES Mr. Lichterman presented highlights from the six Board of Trustees Meeting July 17, 2017 Page 2 of 9 REPORT — ADMINISTRATION month report of the Administrative department. Staff is working on the property at 630 Central Avenue. The structure has been demolished and the site has been graded and secured while staff develops conceptual plans for a parking lot and butterfly garden. Collective bargaining negotiations are starting for the police and public works departments. Economic Development remains front and center. They are working on new employee welcome kits with the Chamber of Commerce. Jewel Osco grand re -opening is scheduled for Wednesday. The new drive aisle is being constructed at Deerbrook Mall. Administrative staff has been keeping track of what is happening in Springfield. They are also working on obtaining grant money for capital projects. The Village Manager's office has worked on replacing a retired employee and started a new summer research internship program. The Village Manager's office acts as the liaison to several commissions throughout the Village. The IT Division completed 1,556 work orders over the six month period. MINUTES FROM PREVIOUS MEETING Trustee Struthers moved to approve the minutes from the June 16, 2017, Board of Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and Payroll dated July 17, 2017. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) PUBLIC COMMENT Andrew Marwick, 442 Kelburn, noted the economy and housing have improved. There are now a number of requests for multi -family housing. Mr. Marwick expressed concern about the density as it will change the characteristics of the neighborhoods. He questioned whether this is the direction Deerfield should go. Mr. Marwick believes there will be a number of issues, especially in established areas. He believes the Village should put together a study to look at how to meet the housing needs. There seems to be a lot of need for this type of housing. REPORTS REPORT AND RECOMMENDATION Mr. Street stated the petitioners provided a letter OF THE PLAN COMMISSION RE: addressing the Village Board's concerns from the REMOVAL OF THE RESTAURANT last discussion. Attorney David Meek and Sean PROHIBITION AT CADWELL'S Devine summarized their letter. They are in CORNERS SHOPPING CENTER FOR negotiations with Panera to relocate into the Center. THE PORTION OF THE SHOPPING Mr. Meeks noted they provided the Board with CENTER SOUTH OF PET SUPPLY PLUS information about the trash, odors and pest control. TO THE END UNITS FACING LAKE He noted Center ownership would put a brick trash Board of Trustees Meeting July 17, 2017 Page 3 of 9 COOK ROAD AND AN AMENDMENT enclosure as close to Lake Cook Road as possible TO THE SIGN PLAN FOR THE PYLON to better shield the trash receptacles from pests and SIGNS (TABLED AT 6/5 MEETING) sightlines. They will also put a pest control program in place, to cover the entire center, specifically the restaurant area. They would also incorporate a regular power washing and cleaning of the trash enclosure area in their regular cleaning contract. Lake Shore has a program to clean dumpsters, which will reduce odors. This will be incorporated in the potential restaurant user contracts. Mr. Devine engaged PS Appraisals to conduct a study on adding restaurant uses to residential properties. The study did not find any impact on property values. Mr. Devine spoke with Village staff regarding reports of Fresh Thyme violations. He indicated there may have been violations that have not been reported. Mr. Devine will install a sign indicating who to contact. The Center's landscaping company reported there are two dead evergreen trees that were scheduled to be replaced on July 10, 2017. Residents also complained about lights not being properly maintained on the property. They have increased the frequency to check the lights from every 4 to 6 weeks to every 4 weeks. Trustee Shapiro asked about the landscaping on the east side of the building. Mr. Meek explained that landscaping is on the church property. Trustee Oppenheim indicated there is a grade change in that area. Mr. Street suggested the petitioner look into that area to see if they could add additional buffering to that area. Mr. Devine addressed what has changed in the restaurant industry over the past 36 years since the prohibition was put in place. He noted that 36 years ago, there were more formal sit-down restaurants and diner/grill restaurants. Today, there are more fast casual restaurants that do a much better job on operations. They offer fresher food choices, use interior heating and better pollution controls. Mayor Rosenthal noted Panera would be one user. She questioned whether if a new user of the space would have to come in for a new Special Use. Mr. Ryckaert stated the Village could restrict the Special Use to a specific user in the current Special Use process. Mr. Devine addressed delivery restrictions and indicated they would be in favor of the same delivery restrictions as Fresh Thyme on the east and north sides of the shopping center. They would not want to restrict the deliveries on the south and west sides of the development because some deliveries may be received outside those hours. Jason Berg, Director of Construction with Panera Bread, stated they have been in Deerfield for more than 20 years and do not have plans to leave. Parking is a big concern. Mr. Berg met with Village staff and would put the service door on the south end of the property so trucks would enter from Lake Cook Road. They receive seven deliveries a week, during the day and the delivery truck would park on the south side of the building. There is one overnight delivery twice per week. Trustee Oppenheim noted there is a right -in, right -out going into the center coming from the east. Mr. Berg would require the delivery drivers to come from the east. He noted there would be no reason for the delivery truck to access the north or west entrances. Mr. Meek noted the deliveries would all be regulated and scheduled. Mayor Rosenthal noted the truck drivers would be required to turn off the engines. Mr. Street noted these restrictions would be listed in the Special Use Ordinance. Trustee Seiden questioned whether the landlord would adhere to the rules set forth in the Special Use. Mr. Board of Trustees Meeting July 17, 2017 Page 4of9 Street stated there were some issues initially. The ownership of Fresh Thyme has taken care of the issues. The Village needs to put the specifics into the Special Use Ordinance. Mr. Marwick thinks adding restaurants to this location would be a good thing for the Village. He does not see a disadvantage to allowing restaurants in Cadwell's Corners. He believes it will increase the property values in the Village. Martin Shaffer, 99 Evergreen Court, is disappointed that he is just getting the report on the effect of adding restaurants on the property values. Kevin Burns of PF Appraisal confirmed he is a certified general real estate appraiser and he can appraise both residential and commercial real estate. Mr. Schaefer believes the procedure was flawed and got a flawed result. Linda Scott, 90 Evergreen Court, questioned how comparable the areas in the real estate report were to the neighboring community. She also asked how a restaurant would impact the traffic. Mr. Meek noted they submitted a KLOA traffic study which showed there was no demonstrative impact on the parking or traffic. Mr. Burns looked at similar properties in Lake County. Out of the 117 centers, only five do not have a restaurant. Many centers do not back up to residential areas. They looked at a baseline to consider Briarwood Vista, subdivision to the east. 88 Evergreen Court, which is the closest property to the restaurant, was the third highest sale in the subdivision. Poet's Corner, which is close to Chipotle and Baskin Robins, did not have any discernable differences per square foot of gross living area. Some of the homes that were closer to centers had higher prices per square foot. Having restaurants close to homes are often highlighted in real estate listings. Joe Wallace noted the control area sold for $213 per square foot while the subject area sold for $210 per square foot, or a $3 different equating to less than 2 percent of the home value. Trustee Oppenheim moved for approval to lift the restriction on food service at the southern end of Cadwell's Corners as defined by the metes and bounds description with the restrictions on deliveries as discussed and the commitments on improving the trash enclosures and cleaning. 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 Mr. Street reported the Plan Commission held a THE PLAN COMMISSION RE: Public Hearing on June 22, 2017, to consider a AMENDMENT TO THE WEINBERG preliminary development plan for a six -story COMMUNITY PLANNED UNIT building with 240 apartment units at 1627 Lake DEVELOPMENT TO ALLOW THE Cook Road. The Plan Commission voted 5-0 in DEVELOPMENT OF AN INDEPENDENT favor of recommending approval including sign SENIOR APARTMENT COMMUNITY and canopy variations. CONSISTING OF 240 APARTMENTS AT 1627 LAKE COOK ROAD (JEWISH Barry Nekritz, attorney, received approval from UNITED FUND/JEWISH FEDERATION the bank for this, the second to last piece of the OF METROPOLITAN CHICAGO, JFMC community. Mark Weiner, President and CEO of Board of Trustees Meeting July 17, 2017 Page 5 of 9 FACILITIES CORPORATION AND CJE Senior Life, noted this project is an BANNER DEVELOPMENT, LLQ integral part of the CJE community. He noted they recently celebrated the 20 anniversary of the Gidwitz Center. CJE has been in existence for 45 years. This year, they served more than 23,000 clients. The project has several objectives including the desire to serve the community, develop a signature project, advance their continuity of care, and have a successful program. Physically and architecturally, the building would be compatible with the neighborhood. They would have synergies including shared programming and administrative oversight. Trustee Struthers asked about the traffic pattern. Dan Brink from Gewalt Hamilton stated there is an existing cross -access agreement with both the AMLI building and the office building. Mayor Rosenthal asked about the number of parking spaces. Mr. Brink stated the village does not have specific code requirements for independent living. The most similar is multi -family residential. The code requirement would be 400 parking spaces for multi -family. They looked at published information and demand, which shows 0.6 spaces for independent living. The AMLI building has 1.25 spaces per unit, for non -age target units. Other communities require 0.75 to 1 space per unit. They looked at the number of spaces required for employees at 40, and the number of units of 201 spaces, plus visitors. They estimated 241 spaces are needed. They have 228 spaces on - sight. AMLI has 35 shared spaces, which will be used for daytime staff. To provide additional visitor parking, JUF and Banner enlisted a valet, for 62 more spaces. Mayor Rosenthal expressed concern because One Deerfield Place said they would need less than one space per unit. The Village required one space and there is not enough parking because seniors are driving longer. Mr. Brink stated the facility has a number of amenities including kitchens in the units, a commissary, a bus, onsite meal options, that reduce the need for driving. Mayor Rosenthal wants the project to be successful. Mr. Brink indicated that at 228 spaces, they are looking to provide three spaces for every two units. He does not anticipate every resident having a vehicle. Trustee Oppenheim questioned whether the petitioners looked at other independent living facilities when determining the number of parking spaces. Mr. Brinker stated those communities do not have the same amenities as what is being proposed. Trustee Struthers noted there are currently 10 accessible parking spaces that are nearly 100 percent used. She questioned what would happen if more ADA spaces were needed. Mr. Brinker noted that if there were no ADA spaces available, it would be an excellent opportunity to utilize the valet. He noted the valet would be available 24 hours per day. Trustee Shapiro asked about the 35 spaces that will be shared with AMLI. He summarized those spaces would be available on a first-come, first -serve basis and would be shared during the daytime hours and would be for employee use. Mr. Brinker noted those spaces would not be needed for demand; rather, it would be for overflow. Trustee Shapiro asked if the petitioner has looked at offsite parking. John Burke, Project Manager for Banner Real Estate, spoke with Colliers which is located just to the west of the site, however they are not ready to make a decision at this time. Mr. Burke will continue working on parking. Mr. Street believes there is potential to share parking with other parts in the CJE campus. Mr. Weiner explained the last thing they would want is visitors not being able to park. Their intention is to allow valet parking for flexibility. Board of Trustees Meeting July 17, 2017 Page 8 of 9 current sport court lighting is not an issue of light trespass and would not be captured by measuring foot candles. Staff estimates it is an issue of glare, which is subjective. Mr. Lichterman does not believe the proposed Ordinance would address the issue. He suggested amending the ongoing Ordinance to require light measurement for all new sport courts. Highland Park has a similar Ordinance, with a 0.25 foot candle on a one -acre lot. They look at the photometric plan and the lights must be installed and shielded according to that plan. Lake Forest has robust residential lighting regulations and reviews everything prior to installation. He believes the Village should review lighting prior to installation in the future. The current situation on Linden and Elmwood would come up at 0 foot candles at the property line; however, they have a glare nuisance. The current Ordinance establishes a light trespass issue but does not speak to shielding light sources or glare. Trustee Oppenheim noted the Village would be left with the difficulty of defining a nuisance in an objective manner. The Village needs to find a way to quantify whether there is a problem. Mr. Lichterman does not believe the current issue is a foot candle issue; rather, it is a glare issue. Village Attorney Rose noted part of the Ordinance effects glare, but noted it is difficult to measure glare objectively. He believes this Ordinance captures the initial intent. When measuring an offense, it is reactionary rather than precautionary. The Village needs a uniform zoning standard. Trustee Oppenheim noted Village Ordinances should not be based on one occurrence. Trustee Struthers indicated that if ordinance is written correctly, it would protect both neighbors. John Levy, 1340 Elmwood, stated the Village did not have an Ordinance. He reviewed the video of the meeting he was unable to attend. Dr. Levy explained the concept of a sport court is a new concept. Dr. Robins lives near Woodland Park which has a full basketball court and other amenities. Dr. Levy was informed the Robins would be adding more sport equipment to their backyard. The noise and light from the Robins backyard effects other neighbors as well. He questioned what rights the neighbors have. Dr. Levy indicated Dr. Robins tilted the light slightly, but it is still an intrusion on his property. The correction was unsatisfactory to him. Dr. Levy noted the Robins have bright sconces that are also very intrusive and unacceptable to him. The proposed Ordinance stated sports court lights need to be off between 11 p.m. and 7 a.m. He would like the lights to be turned off much earlier. He questioned the height of the lights. Dr. Levy asked about the grandfather time, which would be up to four months. He thinks that is much too long. Dr. Levy questioned the noise generated from the backyard activities. He believes the noise is annoying and disturbing. Dr. Levy has changed his yard and how they have to use it because his yard has been dominated by a sport court 50 feet from his bedroom window. Code Enforcement Supervisor Clint Case agrees that there is a better way to deal with this. The proposed Ordinance is far too restrictive and stringent. There are ways to handle it using comprehensive reviews that could extend to any residential use. All residential lighting may require a photometric study in the future. The sconce lighting is governed by lumens, which are approximately 100 watt light bulbs. The bulb can be seen and can have glare. Mr. Rose noted Board of Trustees Meeting July 17, 2017 Page 9 of 9 other communities reduce the number of lumens. Mayor Rosenthal noted there can be issues if the Village reduces the light standards. Mayor Rosenthal asked staff to look into making this a Zoning regulation rather than an Ordinance. People have the right to have equipment in their backyards. Mr. Case explained the Village Ordinance has a height restriction at the pole. Mr. Rose noted that just because it is not prohibited by the Village does not mean it is not a civil nuisance. Mr. Lichterman will continue to work with Dr. Levy and Dr. Robins. Trustee Shapiro moved to table further discussion. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) There was no New Business. NEW BUSINESS DISCUSSION RAIN STORMS Mr. Street thanked staff for their outstanding work during the storm. Several departments worked for 24 hours for several days. Mr. Street also thanked Mayor Rosenthal for attending several staff meetings. REMINDER Mayor Rosenthal reminded residents to check the batteries on their sump pumps. She also requested residents clear leaves from their gutters and from sewers. ADJOURNMENT There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. Trustee Shapiro seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:11 p.m. The next regular Board of Trustees meeting will take place on Monday, August 7, 2017 at 7:30 p.m. APPROVED: ATTESTMayor : Village Cl k