10/16/2017October 16, 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 October 16, 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 Representatives from Baha'i and the Rotary Club
lead those in attendance in reciting the Pledge of
Allegiance.
PROCLAMATION Mayor Rosenthal proclaimed October 22, 2017, as
Bicentenary of the Birth of Baha'u'llah Day in the
Village of Deerfield. She urged Deerfield residents to promote those qualities and attributes that
bring the recognition of the oneness in the world.
Trustee Oppenheim moved to accept the Proclamation. Trustee Struthers seconded the motion.
The motion passed unanimously on a voice vote.
Tim Dumyahn from the Deerfield Baha'i invited residents to view a film on the life of
Baha'u'llah at the Patty Turner Center on Saturday. He read a letter written by former President
Jimmy Carter.
PROCLAMATION Trustee Struthers proclaimed October 24, 2017, as
World Polio Day 2017 in the Village of Deerfield.
She reported the Rotary Club spearheaded the initiative to immunize all children against polio.
Trustee Oppenheim moved to accept the Proclamation. Trustee Benton seconded the motion.
The motion passed unanimously on a voice vote.
Peter Fitzgerald, on behalf of the Deerfield Rotary Club, thanked Mayor Rosenthal and the
Trustees for the Proclamation about World Polio Day. Rotary International has contributed more
than $1.7 billion to immunize children.
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October 16, 2017
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There is a Junior Rotary Club at Deerfield High School with 50 students. They are working to
raise money for the Shelter Box that goes all over the world when there is a disaster. People can
people can use the box and its contents to survive up to eight months.
MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes
from the September 5, 2017, Board of Trustees
meeting. Trustee Shapiro seconded the motion. The motion passed unanimously on a voice
vote.
Trustee Oppenheim moved to approve the minutes from the September 26, 2017, Committee of
the Whole. Trustee Struthers seconded the motion. The motion passed unanimously on a voice
vote.
Trustee Struthers moved to approve the minutes from the July 31, 2017, Committee of the
Whole. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote.
BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and
Payroll dated October 2, 2017. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6)
NAYS: None (0)
PUBLIC COMMENT Tim Dumyahn, 830 Woodward Avenue, spoke
about leaf pick up. He noted Thanksgiving is early
this year. He noted that the leaves have not dropped as quickly as in the past and suggested
adding an additional pickup. Mr. Street indicated residents are already putting out their leaves
and the situation will be monitored.
STORM REPORT Deputy Director of Public Works and Engineering
Bob Phillips reported there were 7.5 inches of rain
in July. The storm water went above the base elevation. This weekend there were 4.5 inches of
rain. Approximately 50 locations were plugged due to twigs and leaves. The Village installed a
digital rainfall gauge, which provides real-time rainfall data. This information can be transferred
to Lake County. Lake County determined the October 14, 2017, event registered as a 25 year
storm event. During the storm event, the department called 6 — 9 people staff members to handle
the issues. The police department received more than 100 calls. The Village continues their
cleanup efforts and it will take approximately 3 — 4 weeks to follow up on all flood related calls.
Mr. Phillips reported the Wastewater Reclamation Facility has a minimum of 1 — 2 people on
call to manage storm overflow stations. He noted Public Works often relies on outside
contractors to help in cleanup efforts.
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October 16, 2017
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The Village is often looking for ways to improve drainage. They are currently working on
drainage studies on Woodvale Avenue, Warrington Road and Essex Dive and the Clavinia
subdivision. Mr. Phillips indicated they are preparing for two studies in 2018.
Mr. Phillips outlined common solutions residential flooding including adding extensions to
downspouts and sump pumps, calling the Engineering Department to discuss improper grading,
replacing missing of broken window well covers and keeping drainage inlets clear of debris.
Mayor Rosenthal suggested reminding residents to clear out blocked inlets in the street so the
water can drain properly. She suggested sending out a mailer or check list for flood safety.
REPORTS
REPORT AN RECOMMENATION OF The Board of Zoning Appeals held a Public Hearing
THE BOARD OF ZONING APPEALS on September 26, 2017, to consider the request for a
RE: A REQUEST FO A STREET SIDE, detached accessory structure to encroach on the side
SIDE YARD VARIATION FOR yard setback. The Board of Zoning Appeals voted
IARLAITH SMYTH OF 910 BIRCH 6-0 in favor of sending a favorable recommendation
COURT, FOR RELIEF FROM to the Mayor and Board of Trustees to allow
ARTICLE 2.03-D,1 OF THE DEERFILED construction to encroach 6 feet in the minimum 15
ZONING ORDINANCE foot corner.
Trustee Jester moved to accept the Report and Recommendation of the Board of Zoning
Appeals. 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 The Plan Commission held a Public Hearing on
OF THE PLAN COMMISSION RE:
September 14, 2017, to consider the proposed
REQUEST FOR APPROVAL OF AN
changes to a commercial Planned Unit
AMENDMENT TO A COMMERCIAL
Development, including a reduced building area
PLANNED UNIT DEVELOPMENT TO
and revisions to the sign criteria. The Plan
THE PREVIOUSLY APPROVED
Commission voted 4-0 in favor of sending a
REDEVELOPMENT PLANS FOR A NEW favorable recommendation to the Mayor and
MULTI -TENANT BUILDING AT 711
Board of Trustees.
DEERFIELD ROAD IN THE SHOPS AT
DEERFIELD SQUARE (CRM
After reviewing the recommendation, the Village
PROPERTIES GROUP, LTD.
Manager's Office recommended deferring the
rooftop signage until the entire sign package is
brought to the Appearance Review Commission.
Chris Siavelis with Deerfield Square Shopping Center reported their potential new tenant,
Bartaco, has made changes to the building. This is an exciting concept for the downtown. While
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October 16, 2017
Page 4 of 9
the building complies with most of the Appearance Code provisions, they did not approve the
articulation of Bartaco, the painted brick and the clearance for the entrance door. Mr. Siavelis
indicated they could find white brick, but it is not easy to match the mortar.
Trustee Struthers looked at the door swing and suggested adding a sliding door rather than a
swing door. Mr. Siavelis noted the vestibule creates articulation on the building. In order to
maintain the 5 foot turning radius within the vestibule, they would need to change the entire
vestibule. Trustee Struthers suggested looking into it and indicated the proposed door swing out
would not be easy to maneuver for those in wheelchairs or using a stroller. Mr. Siavelis
suggested adding a curb depression. Trustee Oppenheim believes the door could slide to the east
rather than swing outward. Mr. Siavelis will look into a sliding door. Trustee Benton suggested
adding a post with an open button but Mr. Siavelis indicated that would add another interference
when the door is closed. Trustee Oppenheim believes the petitioner's architect needs to look at
this further. Trustee Oppenheim and Trustee Struthers did not have any issues with the painted
brick or the chimney height. They believe the sidewalk/door issue needs further resolution.
Trustee Struthers moved to accept the Report and Recommendation of the Plan Commission
without the signage portion. Trustee Shapiro seconded the motion. The motion passed by the
following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6)
NAYS: None (0)
APPEAL OF THE APPEARANCE The Appearance Review Commission held a
REVIEW COMMISSION'S DECISION Workshop Meeting on September 25, 2017 to
TO DENY REVISIONS TO THE consider the request for changes to the previously
BUILDING AND SITE FOR A NEW approved revisions to the building and site for a
MULTI -TENANT BUILDING AT 711 new multi -tenant building located at 711 Deerfield
DEERFIELD ROAD IN THE SHOPS AT Road in the Shops at Deerfield Square. The
DEERFIELD SQUARE (CRM Appearance Review Commission voted 4-0 not to
PROPERTIES GROUP, LTD. send a favorable recommendation due to the lack of
building articulation, painting of the brick and the
door swing. CRM Properties, ownership of Deerfield Square, would like to appeal to the Board
the Appearance Review Commission's recommendation. Once again, discussion on the
proposed signage will be deferred until the entire sign package is brought to the Appearance
Review Commission for review.
Lisa Dunn, Chairperson, Sherri Flores and Jason Golub from the Appearance Review
Commission were present. Ch. Dunn indicated she is familiar with Deerfield and has watched
the Village change throughout the years. She noted the developer is asking the Mayor and Board
to make changes to the Appearance Code that was updated over the past year. Ch. Dunn
questioned how the proposal fits into the Village. She noted the Appearance Review
Commission is charged with upholding the Appearance Code, which states painting of masonry
is strongly discouraged. Ch. Dunn indicated the original, approved building design did not
include painted brick. She noted the Appearance Code also suggests the design must be
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October 16, 2017
Page 5 of 9
compatible with and fit into the community. Ch. Dunn indicated the narrow sidewalk in front of
the entrance is not a fixed interference, as written by the petition on the application. The door
swing is a temporary interference. Each time someone exits the building, people outside the
building will be pushed into the parking lot. The Appearance Code requires a 5 foot clearance,
but this petition provides for less than 3 feet of clearance. Ch. Dunn questioned why the
Commission would approve something they knew would not work in the Village.
The ARC considered other items, such as pedestrian access to the building, which has been
completely cut off when walking from Deerfield Road. One of the Village's missions is to
provide a safe, walkable business district. This is the center of Deerfield and the first impression
people get when entering the community. Ms. Dunn noted trends come and go but classic design
is everlasting.
Jason Golub, of the ARC and a licensed architect, stated the proposal includes a 27 -foot white
box with dark tinted glass that contributes to an uninviting facade. The petitioner states the vast
majority of the building conforms to the Code. He noted that Bartaco has other locations with
more architecturally interesting buildings that comply with their branding. He noted that other
locations have faux windows to provide architectural detail. Mr. Golub feels Deerfield is getting
the short end of the stick. The ARC is asking the petitioner to follow our Code, which is no
different than the branding in their 15 existing locations. Regarding door clearance door, Mr.
Golub noted it would push pedestrians into the parking lot.
Mr. Siavelis stated he respects the ARC and has worked with them for many years. With respect
to the suggested design, he believes beauty is in the eye of the beholder. He noted that when he
appeared before the Appearance Review Commission, there were only four members present out
of seven.
Mark Blair, architect with Bartaco in Connecticut, is excited to come to Deerfield. He is also
excited for their brand to present a new, fresh face. Mr. Blair believes the painted white brick
shell will be warm, inviting and energetic. He thinks a painted brick brings a fresh breath to the
Shops of Deerfield Square. Mr. Blair will look at the door, as they do not want people to get
hurt.
Mayor Rosenthal expressed concern about the black windows facing Deerfield Road. The
building is exciting and inviting but it bothers her that there is no life when looking from
Deerfield Road. Mayor Rosenthal understands that area is the kitchen. Mr. Siavelis will look at
the glass color, but indicated they need spandrel in the openings due to it being the back of the
house. Mayor Rosenthal does not believe the black ties into the facade, but questioned whether
white would provide enough contrast.
Trustee Seiden thinks the Appearance Review Commission went out of their way to show the
brand elements in the other Bartaco locations. He would like to support the Appearance Review
Commission unless they are proven wrong. Mr. Siavelis indicated their tenant is adamant about
the proposed design. If the tenant does not get their design elements and branding, they can
terminate the lease. Trustee Oppenheim believes the varying architecture is harmonious with
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October 16, 2017
Page 6 of 9
Deerfield Square. She believes the sidewalk is a safety issue, but finds the building appealing
and inviting.
Mr. Street noted the petitioner has already resolved the tree issue and will look into a solution for
the door.
Trustee Shapiro moved to table the sidewalk issue until the First Reading of the Ordinance.
Trustee Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6)
NAYS: None (0)
Trustee Oppenheim moved to accept the Report and Recommendation of the Appearance
Review Commission. Trustee Benton seconded the motion. The motion did not pass by the
following vote:
AYES: None (0)
NAYS: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
AUTHORIZATION TO EXECUTE A Mr. Street reported Deerfield Square requested
HOLD HARMLESS AGREEMENT AND the ability to start construction prior to final
PERMIT EARLY START FOUNDATION approval. The Village is requesting authorization
WORK (INCLUDING UNDERGROUND to execute a Hold Harmless Agreement to permit
UTILITIES) AT 711 DEERFIELD ROAD early start on the foundation work including
underground utilities at 711 Deerfield Road.
Trustee Oppenheim moved to authorize the execution of a Hold Harmless Agreement. Trustee
Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
REQUEST FOR A FINDING OF The Plan Commission held a Workshop Meeting on
SUBSTANTIAL CONFORMANCE FOR September 14, 2017, to consider the request to add
NEW FENCING AT 448 LAKE COOK fencing due to an ongoing issue with contractors
ROAD (DR. IVAN WOLFSON) and others dumping material on the site. The
Plan Commission voted 4-0 in favor of the request.
Trustee Struthers moved to approve the request. Trustee Benton seconded the motion. Mike
Dixon, Deerfield business owner for 25 years, has the same issue. He believes a fence would be
a great deterrent. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
October 16, 2017
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CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE APPROVING A FINAL
An Ordinance approving a final development
DEVELOPMENT PLAN FOR AN
plan for an independent living facility located at
INDEPENDENT LIVING FACILITY
1627 Lake Cook Road for the Jewish United
LOCATED AT 1627 LAKE COOK ROAD Fund / Jewish Federation of Metropolitan Chicago,
(JEWISH UNITED FUND/JEWISH
JFMC Facilities Corporation and Banner
FEDERATION OF METOPOLITAN
Development, LLC. First Reading.
CHICAGO, JFMC FACILITIES
CORPORATION AND BANNER
Mayor Rosenthal indicated this has been tabled
DEVELOPMENT. LLC) — 1 R
several times at the request of the petitioner.
Since the Board's acceptance of the Plan Commission report and recommendation, the Village
has considered a 25 percent reduction in the building permit fee. Trustee Struthers questioned
what would happen if the CJE decides to no longer manage the facility. Mr. Street reported CJE
has a 10 year minimum commitment to operate the facility. This will stand as a First Reading of
the Ordinance.
ORDINANCE AUTHORIZING THE An Ordinance authorizing the establishment of The
ESTABLISHMENT OF THE DUMP Dump Luxe Furniture store at the south end of
LUXE FURNITURE STORE AT THE Deerbrook Shopping Center, in the former Great
SOUTH END OF DEERBROOK Indoors and Wonder! Space located at 250 South
SHOPPING CENTER, IN THE FORMER Waukegan Road. (Haynes Furniture and Sears
GREAT INDOORS AND WONDER Roebuck & Co.) First Reading.
SPACE AT 250 S. WAUKEGAN ROAD
(HAYNES FURNITURE AND SEARS This will stand as the First Reading of the
ROEBUCK & CO.) — 1R Ordinance.
ORDINANCE 0-17-22 AUTHORIZING An Ordinance authorizing a Special Use for a
A SPECIAL USE FOR A BEAUTY beauty salon and spa for a Jon `Ric Spa located at
SALON AND SPA FOR A JON `RIC SPA 654 Deerfield Road in the former RET Kitchen and
AT 654 DEERFIELD ROAD IN THE Bath Store. (Jon `Ric International and Jonathan
FORMER RHT KITCHEN AND BATH Berger / Bensenville Associates, LLC. Second
STORE (JON `RIC INTERNATIONAL Reading.
AND JONATHAN BERGER /
BENSENVILLE ASSOCIATES. LLC — 2R Trustee Benton indicated the Trustees previously
discussed their concerns.
Board of Trustees Meeting
October 16, 2017
Page 8 of 9
Trustee Shapiro moved for Second Reading and adoption of the Ordinance. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6)
NAYS: None (0)
NEW BUSINESS
AUTHORIZATION TO PURCHASE Chief Sliozis noted the Police Department is
ELECTRONIC CONTROL WEAPONS seeking approval to purchase 12 electronic control
(TASERS) weapons (TASERS). He indicated the department
T routinely reviews their options for peaceful
resolutions. This is a budgeted item, including the units and training. Chief Sliozis stated
Accent Enterprise Inc. is the sole source of the units and requested waiver of the competitive
bidding process.
Trustee Struthers moved to waive the competitive bidding process and authorize the purchase of
12 electronic control weapons (TASERS) in an amount not to exceed $25,000. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6)
NAYS: None (0)
DISCUSSION
RAIN BARREL WATER PROJECT Mayor Rosenthal, Mr. Lichterman and the
Communication Specialist Kylie Cerk went to
Deerfield High School to view their rainwater harvesting program. Deerfield High School is the
first school with this type of rainwater collection system. The water will be used to irrigate the
school's grass and, eventually purified for use in flushing toilets. Mayor Rosenthal noted this is a
very impressive student -lead conservation effort.
RIBBON CUTTING
Shop.
GIVE WHERE YOU LIVE
LEAF PICK UP
Trustee Oppenheim and other Village officials
attended a ribbon cutting forErik's Bike and Ski
The Village will be holding a Give Where You Live
event on Veteran's Day at the Village Hall.
Mr. Street reported leaf pick up starts on October
23, 2017.
TRICK OR TREAT Halloween trick -or -treat takes place on October
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October 16, 2017
Page 9 of 9
31, from 3:30 to 7 p.m.
COMMITTEE OF THE WHOLE Mr. Street reported there will be a Committee of the
Whole meeting next Monday starting at 3 p.m. to
discuss the 2018 budget.
ADJOURNMENT There being no further business or discussion,
Trustee Oppenheim moved to adjourn the meeting.
Trustee Benton seconded the motion. The meeting was adjourned at 9:14 p.m.
The next regular Board of Trustees meeting will take place on Monday, November 6, 2017, at
7:30 p.m.
APPROVED:
Mayor
ATTEST:
ti
Village Clerk