04/02/2018April 2, 2018
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Village Manager Kent Street in the Council Chambers of the Village Hall on April 2,
2018 at 7:30 p.m. The clerk called the roll and announced that the following were:
Present: Robert Benton
Thomas Jester
Mary Oppenheim
William Seiden
Dan Shapiro
Barbara Struthers
Absent: Harriet Rosenthal, Mayor
and that a quorum was present and attendance. Also present was Village Manager Kent Street
and Village Attorney Matthew Rose.
MAYOR PRO TEM In absence of Mayor Rosenthal, Trustee Seiden
moved to appoint Bob Benton as Mayor Pro Tem.
Trustee Shapiro seconded the motion. The motion passed unanimously on a voice vote.
PLEDGE OF ALLEGIANCE Village resident Andrew Marwick led those in
attendance in reciting the Pledge of Allegiance.
PROCLAMATION Mayor Pro Tem Benton proclaimed April 8, 2018
through April 14, 2018, as Telecommunicators
Week in the Village of Deerfield in honor of the men and women whose diligence and
professionalism keep the Village and its citizens safe. Telecommunicators Justin Gonzalez and
Kim Ott accepted the Proclamation.
PROCLAMATION Mayor Pro Tem Benton proclaimed April 3, 2018 as
National Service Recognition Day in the Village of Deerfield. Chelsie Coren from AmeriCorps
and VistaCorps and the Illinois Food Bank accepted the Proclamation. Ms. Coren thanked the
Village for the recognition on behalf of herself and the 8,000 vistas at food banks nationwide.
PROCLAMATION Mayor Pro Tem Benton proclaimed the month of
April as Fair Housing Month in the Village of
Deerfield, and urged all citizens to promote fair housing practices throughout the country.
Trustee Oppenheim moved to accept the Proclamations. Trustee Struthers seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
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April 2, 2018
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MINUTES OF PREVIOUS MEETING Trustee Struthers moved to approve the minutes
from the March 19, 2018, Board of Trustees
meeting. Trustee Shapiro seconded the motion. The motion passed unanimously on a voice
vote.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
TREASURER'S REPORT Finance Director Eric Burk presented highlights of
the February 2018 Treasurer's Report representing 16 percent of the fiscal year. The non -home
rule sales tax increased over the same period last year. Water and sewer billings increased
slightly over last year. Electric utility tax decreased from last year due to receiving two months
in 2017. Building permit revenue is down over the same period last year. Notable expenditures
include snow and ice removal and engineering costs.
BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and
Payroll dated April 2, 2018. Trustee Shapiro
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 discussed California's Senate Bill
827, which impacts zoning. He believes
municipalities have outdated zoning regulations. Deerfield has two town home proposals in the
southwest quadrant with 8 — 10 townhomes. There are signs all over the neighborhoods
opposing these developments. He thinks the Village should move forward with the townhomes
and provide reduced zoning requirements. Mr. Marwick noted Deerfield already has the transit
to support these developments.
Trustee Shapiro moved to amend the agenda to consider item 18-24-2 out of order. Trustee
Oppenheim seconded the motion. The motion passed unanimously.
ORDINANCE 0-18-06 AMENDING An Ordinance amending Chapter 15 (Morals and
CHAPTER 15 (MORALS AND
Conduct), Article 11 (Assault Weapons), Section
CONDUCT ARTICLE 11 (ASSAULT
15-87 (Safe Storage of Assault Weapons) and
WEAPONS), SECTION 15-87 (SAFE
Section 15-88 (Transportation of Assault Weapons)
STORAGE OF ASSAULT WEAPONS)
of the Municipal Code of the Village of Deerfield
AND SECTION 15-88
to regulate the possession, manufacture and sale of
(TRANSPORTATION OF ASSAULT
assault weapons in the Village of Deerfield. Second
WEAPONS) OF THE MUNICIPAL
Reading.
CODE OF THE VILLAGE OF
DEERFIELD TO REGULATE THE
Mr. Street noted this proposed Ordinance mirrors
POSSESSION, MANUFACTURE AND
the Ordinance from Highland Park including
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April 2, 2018
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SALE OF ASSAULT WEAPONS IN THE the exemption of former law enforcement.
VILLAGE OF DEERFIELD — 2R He stated that the Board will hear public comment.
Dr. James B. Smith, 737 Forrest View Avenue, Park Ridge, has spoken in front of many
municipalities. He was surprised Highland Park enacted an assault weapon ban. He believes
this is a civil rights issue and is harassment against gun owners. Dr. Smith suggested gun owners
are a persecuted minority. He noted there is an online organization called Hamilton 68 that
monitors the controversies disrupting American democracy, including Michael Bloomberg and
the Russians.
Sylvia Renteria, 1770 Blossom Court, Highland Park, does not believe the Ordinance would turn
law abiding citizens into criminals. She believes the focus should be on preventing easy access
to certain guns.
Joel Siegel, of the Midwest and Northshore Jews for the Preservation of Firearms Ownership,
1811 Fargo, Lincolnwood, received calls from members in Deerfield asking what they should do
if the Ordinance passes. Many members have had relatives, friends and acquaintances that
suffered from gun control. There is an ancient and honorable tradition called disobeying an
unjust law. He urged members to think about their conscience and if so moved, not abide by this
Ordinance. He questioned why the Village is amending the safe storage Ordinance. His position
is civil disobedience.
Larry Nordal, 471 South Commons Court, is a 12 -year resident of Deerfield. He believes the
Safe Storage Ordinance was passed for the purpose of banning some weapons at a future date.
He believes people will propose more bans in the future. Effectively, people that make a living
training people to use firearms will need to leave the area or State. Mr. Nordal believes the
proposed Ordinance is political with the net effect of chasing voters you do not agree with out of
town. Mr. Street stated the Village does welcomes all residents despite their viewpoint..
Mike Weissman, 2N125 Virginia, Glen Ellyn, read the Village Ordinance and believes it will
trample the Second Amendment. He noted that Highland Park took their Ordinance to the
Supreme Court and hopes Deerfield is prepared to use tax payers dollars to fight in court.
Dan Cox, 593 West Galeton Drive, Round Lake, is upset with the Board. He believes the
officials that do not do their jobs to prevent the shooting in Florida are at fault. Teachers are told
not to report students with mental disabilities. He believes the Village is reacting to a tragedy by
taking rights away. Disarming citizens takes away residents' Constitutional rights. Mr. Cox
wants to protest against this proposed Ordinance. He believes the mental health system needs to
be attacked. Each school shooter was on drugs; that is the real problem. Crazy people do bad
things.
Dan Easterday, 391 Wilmot Road, stated he dug deep into the language and intent of the
proposed Ordinance. There are concerns that the high capacity magazine ban is being amended
when there are no references in the original Ordinance. He asked the Trustees to consider
whether they want to have to spend money to defend the Ordinance against a lawsuit. Mr.
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April 2, 2018
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Easterday has received a number of comments, some supportive and others not. He believes The
proposed Ordinance is causing the community to take sides needlessly. The students have spoken
about being free from fear. He does not believe banning an object or removing it from your
presence does not solve this fear. Mr. Easterday urged for more consideration and a delay of the
vote.
Francis Kowalik, 1111 Osterman, stated that the Village does not have the resources to pave his
street but could spend thousands of dollars to defend this Ordinance. As an attorney, he does not
think the Village's grounds for the Ordinance are solid. The composition of the Supreme Court
is not the same as when Highland Park's Ordinance was under review. Mr. Kowalik believes the
Village should spend money on the infrastructure rather than on legal expenses.
Mathias Kowalik, 1111 Osterman, is a sophomore at Deerfield High School. He does not feel
scared at the high school because there is security to protect them. He does not want guns to be
banned. He wants to help people and wants to make sure people's voices are heard. Mr.
Kowalik understands the Village is trying to do the right thing but does not believe going against
the Second Amendment is the right thing.
Cecelia Kowalik, 1111 Osterman, is a high school student. DHS students do not represent all
students. She has not been in fear for DHS students but is in fear of banning guns. Criminals do
not play by the rules. They look for places, like gun -free zones, that are not protected.
Rich Bierman, 914 Rose Lane, Wheeling, is disappointed about the possible ban on assault
weapons. He opposes banning guns and sees it as a reactionary move by the news media,
activists and politicians. He stated assault rifles are used in 3 percent of gun related homicides in
the country. One concern is that the next step across the country will be to ban all guns. He
believes the gun -free zones actually invite gun violence. Mr. Bierman reported drownings and
medical mistakes each cause more deaths per year than assault weapons.
Andrew Marwick, 442 Kelburn, noted there are virtually no gun laws in Arizona. Having guns in
town does not make you feel a sense of security. If he took an everyday item, such as water,
toothpaste or peanut butter to an airport, he would be treated like a criminal. Some jurisdictions
do nothing to control gun situations. The Constitution mentions a well -regulated militia.
Deerfield has a well -regulated militia in its police department. He noted there are some weapons
that are not allowed and believes semi-automatic weapons should not be allowed as well. There
is no need for a weapon that can shoot 100 rounds.
Patrick Murray, 3843 W. 82nd Place, Chicago, believes the focus should be on mental health.
Crime and criminals are moving north. Criminals are going where the money is. He believes the
proposed ordinance will lead to banning hand guns. Crime rates go up when these things happen.
Alex Kogan, 1268 South Christine, Vernon Hills, noted Chicago has gun restrictions but crime
goes up. He is a firearm instructor and educates people on what to do and what not to do with
firearms. Educating people will solve the problem rather than a ban.
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April 2, 2018
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Ariella Kharasch, 1420 North Avenue, Bannockburn, noted the focus is on assault weapons, not
mental health. On March 14, DHS students walked out in support of the victims of Parkland,
Florida. Deerfield does not currently have a gun problem, yet. The violence in Florida was in a
community with similar demographics as Deerfield. It is essential to contribute to the change but
noted the fight does not end at the Village limits.
Bob Morgan, 520 Pine Street, is a candidate for State Representative. He thanked the Trustees
for the time and energy on this issue. He strongly supports the proposed Ordinance as it would
improve the safety of the community and the children. He implored the Trustees to do what
needs to be done to make the community safe.
Mitch Shore, 920 King Richard's Court, thanked the Trustees for amending the Ordinance to
exclude former police officers. He urged the Trustees to also exclude concealed carry holders.
Mr. Shore does not believe this Ordinance will change the safety of children. Schools need to
implement better building safety standards.
Art Ellingson, PO Box 2, Arlington Heights, is a Vietnam veteran. AR stands for Annalite rifle
not assault rifle. Mr. Ellingson noted students in Parkland do not all agree. There is a
correlation between gun restrictions and gun deaths. Criminals pick soft targets. It is more
dangerous to have signs banning guns than not to have signs. Having signs creates soft targets
and will cause more gun deaths.
Stephen Nagy, 1304 Kenton, thanked the Board on his behalf and for the students that are on
spring break. These weapons are not necessary and there is no use for them in Deerfield. The
real goal is not to go against law abiding citizens. DHS is extremely safe. He feels safe in
Deerfield. But, there is still a possibility that someone comes into DHS and kills students and
teachers.
Edmond Dunn, 1119 Rago Avenue, reminded the Trustees of several court cases involving the
Second Amendment. One case ruled that police officers do not have to protect individual
citizens. Another case protected a citizen's right to bear arms. He believes assault weapons and
high-capacity magazines are made up terms. Most pistols hold more than 10 rounds as standard.
The proposed ban does not make students safer at the high school. He questioned how banning
rifles that can shoot more than 10 rounds can save children. Criminals do not follow the laws.
Andrew Tobin, 841 Fox Hunt Trail, does not believe this is a laughing matter. Trustee Struthers
stated that people who disagree on this topic should be respectful to those on both sides of the
issue.
Trustee Oppenheim moved to adopt the Ordinance amending Chapter 15 (Morals and Conduct),
Article 11 (Assault Weapons), Section 15-87 (Safe Storage and Transportation of Assault
Weapons) of the Municipal Code of the Village of Deerfield to regulate the Possession,
Manufacture and Sale of Assault Weapons in Deerfield. Trustee Struthers seconded the motion.
The motion passed by the following vote:
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April 2, 2018
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AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Mr. Street noted the effective date of the Ordinance is June 13, 2018.
REPORTS
APPEAL OF THE APPEARANCE On February 26, 2018, the Appearance Review
REVIEW COMMISSION'S DECISION Commission held a Final Review of the project
TO DENY A DETACHED CANOPY including a freestanding 45 -by -8 -foot canopy over
STRUCTURE AT 99 S. WAUKEGAN the menu board. The commissioners unanimously
ROAD. CHICK-FIL-A RESTAURANT denied the request. Mayor Rosenthal does not
support the appeal.
Trustee Struthers loves the idea of the canopy to protect the employees but does not like the
appearance of the proposed canopy. She believes the canopy is boxy and detracts from the
restaurant. Trustee Struthers asked the petitioner to redesign the canopy so it is similar to
Walgreens, White Hall or the Marriott Courtyard. Trustee Shapiro believes it would be helpful
for the applicant to look at the canopy again and come back to Appearance Review Commission.
Mayor Pro Tem Benton stated the Village wants to work with businesses and asked the
representatives from Chick-Fil-A to look at and redesign the canopy so it is more neighborhood
friendly. He does not believe the canopy design would prevent them from starting construction.
Jason Hill, representing Chick-Fil-A, noted that they will take another look at the canopy design,
but requested some direction. Mr. Street questioned whether there are other canopy structures in
the Chicago area that meet both Chick-Fil-A and Appearance Review Commission requirements.
Mr. Hill stated the canopies are a new concept that will be retrofit into existing locations. Mayor
Pro Tem Benton suggested bringing what other locations are considering to the Appearance
Review Commission. Trustee Jester does not think the proposed canopy looks like a gas station
canopy. He thought it looked sleek and unobtrusive. He has difficulty imagining something that
will meet the purpose and will not look the same. Trustee Shapiro noted the Village is unable to
provide direction, and thinks Mr. Hill should look at other canopies within Deerfield and
neighboring communities. Mr. Hill noted the canopy was designed to work with the building
architecture. He stated that gas station canopies are 30 percent larger, taller and thicker than
what is proposed. Trustee Struthers likes the idea of a canopy but wants it to be more attractive.
Appearance Review Commission Chairman Lisa Dunn stated the Commission is not supposed to
design for petitioners. The petitioner came before the Commission on three occasions. Each
time, the petitioner's request changed. Each time, the material of the canopy was the same; it
was a white mass. The petitioner provided artist renditions that tried to camouflage the canopy;
however, the trees will not be in bloom for seven months per year and will take a number of
years to grow tall enough to serve as a visual buffer. It is not just the structure, but the
camouflage. Trustee Oppenheim noted the canopy underside is white and reflective. Ch. Dunn
indicated the canopy would be visible from both Lake Cook and Waukegan Roads. The size is
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April 2, 2018
Page 7 of 10
very large, though not as large as a gas station.
other drive-thrus in Deerfield without canopies
employees out in inclement weather.
This is for two lanes of a drive-thru. There are
One petitioner stated they do not allow their
Trustee Oppenheim moved to approve the appeal the Appearance Review Commission's
decision on the canopy for Chick-Fil-A. Trustee Jester seconded the motion. The motion did not
pass by the following vote:
AYES: Jester, Oppenheim (2)
NAYS Benton, Seiden, Shapiro, Struthers (4)
REPORT AND RECOMMENDATION Assistant Village Manager Andrew Lichterman
OF STAFF RE: ORDINANCE reported staff prepared a report proposing new
AMENDING CHAPTER 7 (BUSINESS) contemporary massage establishment regulations.
ARTICLE 14 (MASSAGE They surveyed other municipalities and found if
ESTABLISHMENTS) TO REGULATE there is at least one massage therapist at a location,
MASSAGE ESTABLISHMENTS the business would require a license. The report
suggests an initial application fee of $100, which
would include a comprehensive review of the premise. There would be a $35 annual registration
fee per establishment that would expire on December 31 each year.
Mr. Lichterman asked if the number of licenses should be limited at a set number. Trustee
Oppenheim does not think the number of licenses should be limited. Trustee Jester noted the
Village does not limit the number of other businesses such as banks or dry cleaners. Mr. Street
noted the Village limits non -sales tax generating businesses in the Village Center. Mr.
Lichterman indicated this would be a permitted use in the C-2 District or on the second floor in
the C-1 District. Trustee Seiden believes residents get the best deals when competition is not
limited.
Mr. Lichterman asked if outcall massage services should require a license or be allowed. Mr.
Lichterman noted many municipalities have it allowed in a permanent residence. He questioned
whether it should be allowed in temporary residence such as a hotel. Trustee Jester does not
believe it should be allowed. Trustee Struthers and Trustee Oppenheim questioned why the
Village would not permit hotels to offer that service. They would like to treat them the same and
noted most hotels would appreciate having that service from a reputable establishment.
Mr. Lichterman asked if the hours of massage establishments should be limited. Trustee Jester
does not believe the establishment should operate between 10 p.m. and 6 a.m.
Mr. Lichterman will put together an Ordinance with the aforementioned updates.
Trustee Struthers moved to accept the report and recommendation of staff regarding regulating
massage establishments. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
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April 2, 2018
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AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
REPORT OF STAFF RE: EXTENSION On April 18, 2016, the Trustees approved a final
OF FINAL DEVELOPMENT PLAN FOR development plan for 8 Parkway North. The
8 PARKWAY NORTH annexation agreement allows for a final
development plan to be in effect for two years
before it expires. It is subject to further extension at the Board's discretion. The current final
development plan expires on May 16, 2018. Extensions have been approved in the past for
Deerbrook and Cadwells Corners. As Quadrangle Development Company has yet to secure a
tenant for the property, they are requesting a two-year extension of the previously approved Final
Development Plan for 8 Parkway North in the Parkway North Center.
Chris Noon with 8 Parkway North stated the property is designed to appeal to modern tenants.
He is looking forward to bringing high-quality companies to Deerfield.
Trustee Jester moved to accept the report of staff regarding the two-year extension of the final
development plan for 8 Parkway North. Trustee Struthers 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.
OLD BUSINESS
ORDINANCE 0-18-07 ADDING
An Ordinance adding Chapter 12 (Health), Article 8
CHAPTER 12 (HEALTH), ARTICLE 8
(Pavement Sealants), as amended, to the Municipal
(PAVEMENT SEALANTS), AS
Code of the Village of Deerfield to regulate the use
AMENDED, TO THE MUNICIPAL
and sale of coal tar pavement sealants and licensing
CODE OF THE VILLAGE OF
of pavement sealant professionals in the Village of
DEERFIELD TO REGULATE THE USE
Deerfield. Second Reading.
AND SALE OF COAL TAR PAVEMENT
SEALANTS AND LICENSING OF
PAVEMENT SEALANT
PROFESSIONALS IN THE VILLAGE OF
DEERFIELD — 2R
Trustee Struthers moved to adopt the Ordinance. Trustee Oppenheim seconded the motion. The
motion passed by the following vote:
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April 2, 2018
Page 9 of 10
AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5)
NAYS: Jester (1)
ORDINANCE 0-18-8 AUTHORIZING An Ordinance authorizing an Amendment to a Sign
AN AMENDMENT TO A SIGN PLAN Plan to allow a new ground sign for Caterpillar
TO ALLOW A NEW GROUND SIGN Global Headquarters (Caterpillar, Inc. and
FOR CATERPILLAR GLOBAL Corporate 500)
HEADQUARTERS (CATERPILLAR,
INC. AND CORPORATE 500) Trustee Oppenheim moved to waive the First
Reading of the Ordinance. Mayor Pro Tem Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Trustee Struthers 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)
ORDINANCE AUTHORIZING A
An Ordinance authorizing a Class A Special Use
CLASS A SPECIAL USE FOR A
for a proposed Massage Establishment to be
PROPOSED MASSAGE
located at 711 Waukegan Road (Massage Heights
ESTABLISHMENT TO BE LOCATED
and Deerfield Village Centre). First Reading.
AT 711 WAUKEGAN ROAD
(MASSAGE HEIGHTS AND
Eric Carlson with EC Architects stated he
DEERFIELD VILLAGE CENTRE) — 1R
would be submitting a new rendering to the
Appearance Review Commission based on their
discussions. Oppenheim suggested mocking
up the space so the Appearance Review
Commission could see it in person.
Mayor Pro Tem Benton noted this would stand as a First Reading of the Ordinance.
There was no New Business.
NEW BUSINESS
DISCUSSION
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April 2, 2018
Page 10 of 10
ADJOURNMENT
Trustee Shapiro seconded the motion.
adjourned at 9:48 p.m.
There being no further business or discussion,
Trustee Struthers moved to adjourn the meeting.
The motion passed unanimously. The meeting was
The next regular Board of Trustees meeting will take place on Monday April 16, 2018 at 7:30
pm.
APPROVED:
Mayor
ATTEST:
Village Clerk'