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04-17-2017April 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 April 17, 2017 at 7:30 p.m. The clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Alan Farkas Thomas Jester Rob Nadler 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 Peter Coblentz. PLEDGE OF ALLEGIANCE Kyla Guru led those in attendance in reciting the Pledge of Allegiance. PRESENTATION Ms. Guru, a Deerfield High School freshman, has won a number of awards and recently presented in front of executives from Google, Facebook and GoDaddy at Stanford University as one of 30 young women who won the She++ Fellowship 2017. Ms. Guru is the founder of Bits n' Bytes Cyber Security by Kyla. Her goal is to educate youth about safety and cyber security. She created a fun, educational cyber safety video for all the schools in District 109. She writes a blog every Thursday, shares Twitter posts daily and looks forward to expanding her impact to other districts. Her website is bitsnbytes.us.com; her Twitter handle is @gurudetective. Mayor Rosenthal and all in attendance congratulated Ms. Guru on her accomplishments. PROCLAMATION Mayor Rosenthal proclaimed April 23, 2017, as Breathe Deep North Shore Day in Deerfield and urged citizens to recognize and participate in their event to be held at Deerfield High School on April 23, 2017. Sue Birsch, Lisa and George Pappas accepted the Proclamation. Mr. Pappas thanked the Village for all their support over the past five years. Trustee Farkas moved to accept the Proclamation. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. PROCLAMATION Mayor Rosenthal proclaimed April 28, 2017, as Arbor Day in Deerfield and urged citizens to celebrate Arbor Day and support efforts to protect our trees and woodlands. She also urged all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations. Board of Trustees Meeting April 17, 2017 Page 2 of 5 Trustee Jester moved to accept the Proclamation. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote. PROCLAMATION Mayor Rosenthal proclaimed April 22, 2017, as Earth Day in the Village of Deerfield. She invited all citizens to participate in the Sustainability Commission's Water Taste Challenge at the Deerfield Public Library on April 22 from 10 a.m. to 1 p.m. Trustee Shaprio moved to accept the Proclamation. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. MINUTES OF PREVIOUS MEETINGS Trustee Struthers moved to approve the minutes From the April 3, 2017, Committee of the Whole meeting. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote. Trustee Shaprio moved to approve the minutes from the April 3, 2017, Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Struthers moved to approve the Bills and Payroll dated April 17, 2017. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers (6) NAYS: None (0) PUBLIC COMMENT Andrew Marwick, 442 Kelburn, expressed concern about the number of small variances that are granted with little discussion. Last Thursday, the Plan Commission discussed the possibility of more than 200 apartments on a two acre site. He does not believe it is an appropriate place. Mr. Marwick suggested making this an educational campus. He believes the developers are trying to max out the space. He suggested looking at revising the Comprehensive Plan and building height. REPORTS REPORT AND RECOMMENDATION OF THE BOARD OF ZONING APPEALS RE: FAILURE TO RECOMMEND REQUEST OF ALUMNI HOMES FOR RELIEF FROM ARTICLE 4.03-F, PARAGRAPH 6, OF THE DEERFIELD ZONING ORDINANCE FOR THE PROPERTY AT 1024 OAKLEY AVENUE REGARDING A FLOOR The Board of Zoning Appeals held a Public Hearing on March 21, 2017, to consider the request from Liviu B. Nister, owner of Alumni Homes for relief from Article 4.03-F, Paragraph 6 of the Deerfield Zoning Ordinance for the property commonly known as 1024 Oakley Avenue. The petitioner is seeking relief from the maximum Floor Area Ratio requirement of 0.40 as specified in the Zoning Ordinance. The Board of Zoning Appeals voted Board of Trustees Meeting April 17, 2017 Page 3 of 5 AREA RATIO OF 0.415 IN LIEU OF 0-4, failing to recommend approval. The THE MAXIMUM 0.40 SPECIFIED IN Board of Zoning Appeals felt the situation was THE ZONING ORDINANCE self-imposed. Trustee Struthers noted the 0.4 FAR was determined by the Residential Redevelopment Task Force, which met for more than two years and looked at hundreds of homes. They saw a number of oversized houses built on undersized lots. The 0.4 FAR is a maximum. Trustee Struthers believes making an exception would set a precedent. Trustee Farkas indicated it is important to note that the petitioner is a builder. He has a hard time with the FAR because the envelope has already been defined. He has an issue telling a homeowner that there is an issue when the rest of the home is compliant, but a developer is charged with knowing and following the rules. The BZA is entrusted with upholding the rules. Trustee Seiden noted a similar situation came up previously. He believes this is a way of circumventing the Ordinance. If a variance was approved for Alumni Homes, it should have been changed for others previously. These circumstances are not unique. Trustee Shapiro thinks the rules should apply to everyone. As a builder, the petitioner should know better. The 0.4 FAR could be exceeded only if there is an appropriate rational to support the variation. Mayor Rosenthal asked if there was a way to rectify the issue. Code Enforcement Officer Clint Case noted the Building Department personnel are not design professionals. He believes the garage ceiling could be raised to change the method of measurement. He noted Mr. Nistor was given a couple options to rectify the situation. Mayor Rosenthal suggested the petitioner work with his designer to find a way to bring the structure up to code. Trustee Shapiro moved to accept the recommendation of the Board of Zoning Appeals regarding the maximum FAR requirement for the property located at 1024 Oakley Avenue. Trustee Farkas seconded the motion. The motion resulting in a denial of the variation request passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0-17-12 AUTHORIZING An Ordinance authorizing a Special Use for an A SPECIAL USE FOR AN AUTISM autism therapy center to be located at 1161 Lake THERAPY CENTER FOR THE Cook Road. Second Reading. PROPERTY AT 1161 LAKE COOK Board of Trustees Meeting April 17, 2017 Page 4 of 5 ROAD (KGH CONSULTATION & TREATMENT, INC. AND DEERFIELD BUSINESS CENTER LLC — 2R ORDINANCE INCREASING THE An Ordinance increasing the number of Class M NUMBER OF CLASS M LIQUOR liquor licenses from two to three to allow BYOB LICENSES BY ONE (1) FROM TWO (2) at Jimmy Thai Restaurant. First Reading. TO THREE (3) TO ALLOW BYOB AT JIMMY THAI RESTAURANT — 1R Trustee Shapiro moved to accept the Consent Agenda and adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Farkas, Jester, Nadler, Seiden, Shapiro, Struthers (6) NAYS: None (0) There was no Old Business. There was no New Business. OLD BUSINESS NEW BUSINESS DISCUSSION KATES ROAD BRIDGE Mayor Rosenthal noted the Village is working with State Senator Julie Morrison to ensure there is funding in July for the Kates Road Bridge Project. The bridge is currently closed. More than $24.5 million has been approved for funding in Lake County in March. The Village has also presented at the Northwest Municipal Conference and will continue to press the issue. Mayor Rosenthal hopes to come back with good news. LUNGIVITY 5K RUN Mayor Rosenthal noted the Deerfield Police Department will have a team running for Lungivity at Deerfield High School. POLITICAL DISCUSSION Mayor Rosenthal and Highland Park Mayor Rotering were invited to discuss local politics at Lakeside Congregation. The discussion was well received. RIBBON CUTTING Mayor Rosenthal and several others Village and community officials attended a ribbon cutting at Board of Trustees Meeting April 17, 2017 Page 5 of 5 The Warehouse Woodfired Eatery & Sports on Tuesday. BREAKFAST WITH CONGRESSMAN tomorrow. COMMITTEE OF THE WHOLE meeting. Mayors from the surrounding area will have breakfast with Congressman Brad Schneider Mr. Street indicated there would be a Committee of the Whole Meeting following the Village Board ADJOURNMENT There being no further business or discussion, Trustee Nadler moved to adjourn the meeting. Trustee Struthers seconded the motion. The meeting was adjourned at 8:25 pm. The next regular Board of Trustees meeting will take place on Monday, May 1, 2017 at 7:30 pm. APPROVED: Mayor ATTEST: Village Clerk