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04/16/2018April 16, 2018 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 16, 2018, at 7:30 p.m. The clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Mary Oppenheim William Seiden Dan Shapiro Barbara Struthers Absent: Tom Jester and that a quorum was present and attendance. Also present were Village Manager Kent Street and Village Attorney Matthew Rose. PLEDGE OF ALLEGIANCE Matthew Rose led those in attendance in reciting the Pledge of Allegiance. PROCLAMATION Mayor Rosenthal proclaimed April 27, 2018, as Arbor Day in the Village of Deerfield and urged all residents to celebrate Arbor Day and support the Village's efforts to protect trees and woodlands. Trustee Benton moved to adopt the Proclamation. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote. Director of Public Works and Engineering Barbara Little thanked the Village for the Proclamation. The Village has been part of Tree City USA for a number of years. She invited residents to attend the annual planting event at Deerfield High School. MINUTES OF PREVIOUS MEETING Trustee Oppenheim moved to approve the minutes from the April 2, 2018, Board of Trustee meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and Payroll dated April 16, 2018. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) Board of Trustees Meeting April 16, 2018 Page 2 of 11 APPOINTMENT OF VILLAGE Mayor Rosenthal thanked Peter Coblentz for 18 ATTORNEY years of service. She also thanked Matthew Rose for filling in during Mr. Coblentz's absence. When the Village became aware of Mr. Coblentz's illness, Mayor Rosenthal appointed a committee and sent out a request for qualifications to. The committee recommended Steve Elrod with Holland & Knight as the new lead attorney for the Village beginning May 1, 2018. Trustee Oppenheim moved to appoint Steve Elrod with Holland & Knight as the new lead attorney for the Village beginning May 1, 2018. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) PUBLIC COMMENT Art Wilde, 22 year Village resident, shared a concern about whether the Village is doing its part to address climate change. Climate change is a huge threat and opportunity. The Deerfield Library had a speaker that presented a balanced view stressing a sense of urgency and hope. Climate change can be reversed and creates an opportunity for the Village. Mr. Wilde noted there are signs that the weather is changing. He attended a meeting of the Sustainability Commission. He offered the opportunity to set big goals. He believes the Village needs to take bold steps to meet the goals and make the goals measurable at various increments to make a real impact. Andrew Marwick, 442 Kelburn, noted Phoenix has been suffering through a number of hot summers. The drought has caused record -low levels. This is a serious problem. Deerfield has other problems, such as flooding. The Deerfield Village staff has been very professional and responsive over the past several years; that is not the case in Phoenix. Mr. Marwick noted there are two proposals moving forward for rezoning. He believes the Village should do a massive rezoning of Downtown Deerfield and upgrade the zoning dramatically rather than taking the requests individually. Mr. Marwick believes it is a cumbersome and unproductive process. REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR APPROVAL OF AN AMENDMENT TO A SPECIAL USE TO ALLOW RENOVATIONS TO TENNAQUA SWIM AND RACQUET REPORTS The Plan Commission held a Public Hearing on February 22, 2018, which was continued to March 22, 2018, to consider the request for approval of an amendment to a Special Use to allow renovations to the Tennaqua Swim and Racquet Club. Tennaqua has developed a master plan over the past couple CLUB years. At the February 22, 2018, Public Hearing, Board of Trustees Meeting April 16, 2018 Page 3 of 11 some neighbors came forward with concerns. The petitioner updated their proposal by moving two racquet courts and adding plantings. The Plan Commission also believes closing the courts at 11 p.m. is appropriate. The Plan Commission voted 5-0 to send a favorable recommendation as amended. Nick Alex, Board President of Tennaqua Swim and Racquet Club, stated the vast majority of their membership are Deerfield residents. The club is most active in the summer. They are asking for an amendment to their Special Use to update their facility. The tennis courts are cracking and the pool is in constant need of repair. They propose replacing the existing assets to secure the club's future for the next 60 years while keeping a similar footprint with the same open space distance to the eastern and southern boundaries. They will be adding landscaping and making up to $5 million in improvements. Trustee Struthers noted there is standing water toward the south end of the property. Doug Moser, Architect with HKM Architects, stated they are proposing permeable pavers to help with the ground water. Mayor Rosenthal noted this is a seven-year plan that is requesting administrative approval. Mr. Alex noted the tennis courts will be completed in the first year. They intend to replace the six asphalt courts with a permeable surface. Trustee Oppenheim clarified that the petition intends to work with Public Works and Village staff to ensure each step will meet Village Code. Mr. Alex stated they will go back to the Village with each step to ensure it complies with the comprehensive plan and Village Code. If there are changes, they will come back to the Plan Commission and Village Board. Mr. Street noted if staff sees something that is not in compliance, they will come back to the Board and Plan Commission for approval. Trustee Seiden moved to accept the Report and Recommendation of the Plan Commission to amend a Special Use to allow renovations to the Tennaqua Swim and Racquet Club. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing to OF THE PLAN COMMISSION RE: consider the request for approval of an Amendment REQUEST FOR APPROVAL OF AN to a Planned Unit Development to permit a new AMENDMENT TO A PLANNED UNIT parking structure at 1717 Deerfield Road. The Plan DEVELOPENT (PUD) TO PERMIT A Commission voted 4-1 to send a favorable NEW PARKING STRUCTURE AT recommendation. The petitioner will address the 1717 DEERFIELD ROAD material and color changes, review the drainage condition and confirm the existing berm is in compliance with the 1984 landscape plan. Mariah Digrino, attorney with DLA Piper, stated the subject property is a 9.25 acre site. The applicant acquired the property in 2013 and it is currently occupied. They made modifications to their proposal, based on Plan Commission recommendations. The exterior facade treatment has Board of Trustees Meeting April 16, 2018 Page 6ofII Bernard Citron, attorney with Thompson Coburn LLP, stated the Annexation Agreement Amendment is only one aspect of their presentation. Walgreens is a good corporate citizen. They are seeking to make improvements to their campus. The Annexation Agreement calculates parking in a certain way. They are changing the office interior and want to change how parking is calculated. There were no public comments. Trustee Shapiro moved to close the Public Hearing. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION Mr. Citron stated the PUD boundaries changed OF THE PLAN COMMISSION RE: over time as Walgreens acquired additional REQUEST FOR APPROVAL OF AN buildings. Eric Friedman, Sr. Manager of AMENDMENT TO THE WALGREENS Development, Architecture at Walgreens, made a PLANNED UNIT DEVELOPMENT TO presentation showing the proposed scope of work. ALLOW CHANGES TO THE PARKING They want to add a skywalk, expand parking on the LOT, A NEW SKYWALK AND west building and change their site signage. He SIGNAGE AMENDMENTS, CHANGES stated the parking expansion would include the TO THE PUD BOUNDARIES, existing green space around the 200 Wilmot Road APPROVAL OF PRELIMINARY AND building. They plan on relocating their primary FINAL DEVELOPMENT PLAN, AND visitor parking to work better with the building. AN AMENDMENT TO THE EXISTING The proposed parking additions will increase the ANNEXATION AGREEMENT parking based on utilization / work station seats rather than employee count. Mr. Friedman noted they propose constructing a new skywalk, which will be a fully -enclosed pedestrian pathway above street level. The proposed skywalk will connect all three building groups. They look at signage as their exterior branding. They would like to update the three primary signs on the site plan. The tollway sign is currently a low wall sign which needs to be moved for the building improvements. The proposed sign will be vertical rather than horizontal and the location and size would be appropriate. Mr. Friedman stated they propose a new sign along Wilmot Road, which would be rebranded for both Walgreens and the Walgreens Boots Alliance. They also propose a directional sign to be located at the center of the property. The Walgreens PUD would include all three campus buildings. The 1650 Lake Cook Road and 1750 Lake Cook buildings would remain part of the Tollway North PUD. Trustee Shapiro moved to accept the Report and Recommendation of the Plan Commission to approve an Amendment to the Walgreens PUD to allow changes to the parking lot, a new Board of Trustees Meeting April 16, 2018 Page 7 of 11 skywalk and signage amendments, changes to the PUD boundaries, approval of preliminary and final development plan and an Amendment to the existing Annexation Agreement. Trustee Oppenheim seconded the motion. Trustee Oppenheim asked Mr. Friedman to go into detail about having one exit without a left turn during afternoon hours. The Village received a comment from Hyatt Hotels expressing concern that prohibiting a left turn could cause additional consequences. Mr. Friedman stated they currently have two driveways limiting left turns between 4 p.m. and 5 p.m. Traffic often backs up at the south buildings, which line up to Gordon Terrace. The traffic consultant suggested putting similar limitations and they will educate their team members about the preferred routes. There are also full access driveways. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION Mayor Rosenthal noted that after the Plan OF THE PLAN COMMISSION RE: Commission meeting, the developer reduced REQUEST FOR APPROVAL OF A the number of townhomes from eight to seven. RESIDENTIAL PLANNED UNIT She recommended this petition go back to DEVELOPMENT (PUD) WITH the Plan Commission. NECESSARY EXCEPTIONS, A REZONING OF 702,662 AND 658 ELM STREET FROM R-4, SINGLE & TWO FAMILY RESIDENTIAL DISTRICT TO 4-5, GENERAL RESIDENCE DISTRICT, A TEXT AMENDMENT TO ALLOW A RESIDENTIAL PUD OF LESS THAN 1 ACRE IN SIZE, A RESUBDIVISION OF THE 702, 662 AND 658 ELM STREET PROPERTIES, AND AN AMENDMENT TO THE COMPREHENSIVE PLAN TO ALLOW THE REDEVELOPMENT OF THE 702, 662 AND 658 ELM STREET PROPERTIES WITH EIGHT TOWNHOMES Trustee Struthers moved to send this petition back to the Plan Commission. Trustee Oppenheim seconded the motion. The motion passed by the following vote: The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Struthers (4) Board of Trustees Meeting April 16, 2018 Page 8 of 11 NAYS: None (0 REPORT AND RECOMMENDATION OF THE BOARD OF ZONING APPEALS RE: ESTABLISHED FRONT YARD SETBACK VARIATION PETITION OF BARBARA AND ARNOLD GAFFEN, 695 BRIERHILL ROAD The Board of Zoning Appeals held a Public Hearing on March 20, 2018 to consider the request for an established front yard setback variation for Barbara and Arnold Gaffen for the property located at 695 Brierhill Road. The BZA voted 4-0 to recommend approval of the request. Trustee Oppenheim moved to accept the Report and Recommendation of the Board of Zoning Appeals for the property located at 695 Brierhill Road. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public OF THE BOARD OF ZONING APPEALS Hearing on March 20, 2018 to consider the request RE: ESTABLISHED FRONT YARD for an established front yard setback variation for SETBACK VARIATION PETITION OF Louis Bucksbaum for the property located at 636 LOUIS BUCKSBAUM, 636 BRIERHILL Brierhill Road. The BZA voted 4-0 to recommend ROAD approval of the request. Trustee Seiden moved to accept the Report and Recommendation of the Board of Zoning Appeals for the property located at 636 Brierhill Road. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) REPORT OF STAFF RE: ORDINANCE Ms. Little noted the Village and the Metropolitan AUTHORIZING AN AMENDMENT TO Water Reclamation District entered into an A MULTI -COUNTY MUNICIPALITY agreement in 2018 allowing the Village to use the INTERGOVERNMENTAL Lake County Ordinance in Cook County. The AGREEMENT UNDER WATERSHED MWRD amended their agreement on March 1, MANAGEMENT 2018, which requires the Village to approve and authorize the Amendment to the Multi -County Municipality Intergovernmental Agreement under Watershed Management. Trustee Oppenheim moved to authorize an Amendment to the Multi -County Municipality Intergovernmental Agreement under Watershed Management. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) Board of Trustees Meeting April 16, 2018 Page 9 of 11 CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS RESOLUTION AUTHORIZING A Resolution authorizing a two-year extension of A TWO-YEAR EXTENSION OF A a Final Development Plan for 8 Parkway North. FINAL DEVELOPMENT PLAN FOR 8 PARKWAY NORTH Trustee Oppenheim moved to adopt the Resolution. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) ORDINANCE AMENDING CHAPTER Assistant Village Manager Andrew Lichterman 7 (BUSINESS), ARTICLE 14 (MASSAGE reported staff worked with the Village Attorney ESTABLISHMENTS) TO REGULATE to prepare the Ordinance. They have started MASSAGE ESTABLISHMENTS — 1R working with the Chamber of Commerce to notify those businesses that will be affected by the Ordinance. Mayor Rosenthal noted the Ordinance appears to read that any business with a massage table will require a license. Mr. Lichterman explained any establishment with a licensed massage therapist will require a license. Medical therapists such as a chiropractor, physical therapist or occupational therapist will be exempt from this Ordinance. Mr. Street noted the Village will be in touch with existing businesses before the Second Reading of the Ordinance. This will stand as a First Reading of the Ordinance. NEW BUSINESS RESOLUTION AUTHORIZING Deputy Director of Public Works and Engineering PARTICIPATION IN MIDDLE FORK Bob Phillips reported two forks of the Chicago DRAINAGE COMPREHENSIVE PLAN River go through the Village. The middle fork goes through the eastern portion of the Village. Following flooding, the Army Corps of Engineers initiated some construction projects which improved the drainage in the Village. In 2017, many municipalities including Deerfield, had significant flooding. The Army Corps of Engineers would like to initiate a study about drainage improvements that could improve 5 communities including Highland Park and Deerfield. The Army Corps of Engineers cover 50 percent of the cost and the five communities would pay 10 percent each at $6,624. Board of Trustees Meeting April 16, 2018 Page 10 of 11 Trustee Benton moved to adopt the Resolution. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) ANALYSIS AND AWARD OF BID FOR Staff Engineer Tyler Dickinson noted the Village 2018 STREET REHABILITATION solicited bids for the 2018 Street Rehabilitation PROJECT Project. A Lamp Concrete Contractors was the low bidder. The bids came in lower than the budget and staff would like to add locations and change the scope of the work to include lengthening the reconstruction of Summerset Avenue and changing Elmwood Avenue from patching to a full road reconstruction. The Village budgeted $2,300,000 for the work. With the additions, the total cost would be $2,292,880. Trustee Oppenheim moved to award the contract for the 2018 Street Rehabilitation Project, including the additional work, to A Lamp Concrete Contractors, in an amount not to exceed $2,292,880. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) AWARD OF CONTRACT FOR 2018 Mr. Dickinson reported there are 103 locations SIDEWALK IMPROVEMENT that need repair, which is too much to handle in - PROGRAM house. The Village requested an extension of the 2018 Street Rehabilitation Project unit pricing of $6.70 per square foot of sidewalk. Trustee Struthers moved to waive the competitive bidding process and award the contract for 2018 sidewalk improvement to A Lamp Concrete Contractors in an amount not to exceed $100,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) AUTHORIZATION TO AWARD PHASE Mr. Dickinson stated that in 2018, the Village and II ENGINEERING SERVICES Lake County discussed the resurfacing of CONTRACT FOR THE GREENWOOD Greenwood Avenue from Wilmot to Waukegan and AVENUE INFRASTRUCTURE reconstruction from the railroad to Waukegan. IMPROVEMENT PROJECT Phase I of the project is almost complete. The project is federally funded, so it requires three phases with approvals. Civil Tech Engineering was selected for Phase II of the project. The estimate is more than $1 million in federal funds for Phase III, with an 80/20 participation. Board of Trustees Meeting April 16, 2018 Page 11 of 11 Trustee Oppenheim moved to award the Phase II Engineering Services contract to Civil Tech Engineering in an amount not to exceed $149,930. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) RESOLUTION R-18-07 APPROVING Mayor Rosenthal noted the Village would like to RULES FOR PUBLIC COMMENT AT change the Public Comment time from five minutes MEETINGS OF VILLAGE PUBLIC to three minutes. The Resolution also allows for a BODIES 30 minute time limit, if desired. Mr. Rose noted the Village can ask a person for their address and if they are a Village resident, but cannot compel the person to provide their address. Trustee Shapiro moved to adopt the Resolution. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: None (0) DISCUSSION SPRINGFIELD Mayor Rosenthal and Trustee Shapiro visited Springfield to represent the Northwest Municipal Conference. They spoke with leaders and received mixed reviews on a property tax freeze. One emphasis is to reduce the 2 percent home rule sales tax collection administrative fee to 1 percent once a study on the new practice is completed. Another bill, as now drafted, is asking if adjoining municipalities want to consolidate, but passage by voters in just one municipality results in consolidation. ADJOURNMENT Trustee Oppenheim seconded the motion. adjourned at 9:39 p.m. There being no further business or discussion, Trustee Shapiro moved to adjourn the meeting. The motion passed unanimously. The meeting was The next regular Board of Trustees meeting will take place on Monday May 7, 2018 at 7:30 p.m. APPROVED: Mayor ATTEST: Board of Trustees Meeting April 16, 2018 Page 12 of 11 Village Clerk