07/01/2019July 1, 2019
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 1, 2019 at
7:30 p.m. The clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Tom Jester
Mary Oppenheim
William Seiden
Barbara Struthers
Absent was: Dan Shapiro
and that a quorum was present and in attendance. Also present were Village Manager Kent
Street and Brooke Lenneman, Village Attorney.
PLEDGE OF ALLEGIANCE Ms. Lenneman led those in attendance in reciting
the Pledge of Allegiance.
DOCUMENT APPROVAL Trustee Benton moved to approve the minutes from
the June 17, 2019, Board of Trustees meeting.
Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice
vote.
Trustee Oppenheim moved to approve the minutes from the June 1, 2019, Committee of the
Whole meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a
voice vote.
TREASURER'S REPORT Finance Director Eric Burk presented highlights
from the May Treasurer's Report
representing 42 percent of the year. Sales tax net of the rebate was consistent with the previous
two years. The year to date amounts exceed each of the previous two years. Water and sewer
billings represent lower months. Building permit revenue includes several large commercial
projects. The expenditures include the general liability insurance payment, the Village portion of
the Patty Turner Center expenses and two large piece of equipment for Public Works.
BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and
Payroll dated July 1, 2019. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Board of Trustees Meeting
July 1, 2019
Page 2 of 8
PUBLIC COMMENT There were no public comments on non -agenda
items.
REPORTS
CONSIDERATION AND ACTION ON
THE REPORT AND
RECOMMENDATION OF THE PLAN
COMMISSION ON THE REQUEST FOR
A SPECIAL USE TO PERMIT THE
ESTABLISHMENT OF A REAL ESTATE
OFFICE FOR COLDWELL BANKER TO
BE LOCATED AT 675 DEERFIELD
ROAD, SUITE 125
businesses.
Mr. Street reported the Plan Commission held a
Public Hearing on May 23, 2019, to consider the
request for a Special Use to permit a real estate
office in the C-1 business district. A Special Use
is required for non -retail businesses on the first
floor in the Village Center. The Plan Commission
voted 6-0 in favor of the request. Trustee Benton
noted this is a small office for agents to meet with
their clients. Mayor Rosenthal expressed concern
about the number of non -sales tax generating
Trustee Seiden moved to accept the Report and Recommendation of the Plan Commission.
Trustee Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
CONSIDERATION AND ACTION ON
Mr. Street reported the Plan Commission held a
THE REPORT AND
Public Hearing on May 23, 2019, to consider the
RECOMMENDATION OF THE PLAN
request for a Special Use for a 20,517 square foot
COMMISSION ON THE REQUEST FOR
personal fitness center. The Plan Commission
A SPECIAL USE IN THE I-2 LIMITED
voted 6-0 in favor of the request.
INDUSTRIAL DISTRICT TO PERMIT
THE ESTABLISHMENT OF A
PERSONAL FITNESS TRAINING
CENTER AT 151 S. PFINGSTEN ROAD,
SUITES A, B, C AND D FOR INSTITUTE
FOR HUMAN PERFORMANCE IHP
Trustee Jester moved to accept the report and recommendation of the Plan Commission. Trustee
Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden,
Struthers (5)
NAYS: None (0)
CONSIDERATION AND ACTION ON
Mr. Street reported the Plan Commission held a
THE REPORT AND
Public Hearing on May 23, 2019, to consider the
RECOMMENDATION OF THE PLAN
request for a Special Use to permit the
COMMISSION ON THE REQUEST FOR
establishment of a health club facility for Planet
Board of Trustees Meeting
July 1, 2019
Page 3 of 8
A SPECIAL USE TO PERMIT THE
ESTABLISHMENT OF A HEALTH
CLUB FACILITY FOR PLANET
Fitness to be located at 35 North Waukegan Road in
Cadwells Corners Shopping Center. This would be
for a 21,637 square feet of the former 32,300 square
FITNESS AT 35 N. WAUKEGAN ROAD foot Fresh Thyme space. The proposed hours
IN CADWELL'S CORNERS SHOPPING would be from 5 a.m. on Monday through 9 p.m.
CENTER on Friday and from 7 a.m. to 7 p.m. on Saturday
and Sunday. The Plan Commission voted 6-0 in
favor of the request with sign exceptions and exemptions. Deliveries will only be allowed from
Monday through Saturday from 8 a.m. to 5 p.m. on the west side of the building and employee
parking is prohibited on the east side after 8 p.m.
Trustee Struthers questioned whether there are noise issues in other facilities. Chris Kouros from
Planet Fitness explained that they have not received any noise complaints with 11 years of
history operating Planet Fitness.
Marvin Kogan, 35 Doral Court, backs up to north end of shopping center. He is disappointed
with the hours of operation. Previous tenants had highly regulated delivery hours, which were
ignored by the drivers. The tenants could not handle their vendors. The Mundelein location has
more than 9700 night users in the past year, and he sees those as opportunities to disturb the
neighbors overnight. It only takes one offender to wake up the neighborhood. Mr. Kogan
questioned how it will be controlled. He believes it will be a good use for the space, but does not
agree with the hours due to the quality of life and impact on the neighbors.
Trustee Seiden questioned the anticipated customer load between 11 p.m. and 6 a.m. Mr. Kouros
noted Planet Fitness has two models, one is always open and the other is the lesser time proposed
for this location. This is the less intrusive of the models. Trustee Struthers asked if other Planet
Fitness locations that are this close to residential. Mr. Kouros stated the Mundelein and
Waukegan locations are even closer. He noted they are inversely busy from regular retailers.
Their highest check ins are between 4 p.m. and 8 p.m. Planet Fitness corporate requires these
hours. Trustee Oppenheim noted most people that come to Planet Fitness come in a car, not a
large truck. Mr. Kouros noted the large delivery door in back will be eliminated and replaced
with a regular size door. Trustee Struthers noted there will be cell phone noise from patrons
entering and exiting the facility. Mr. Kouros explained the sound waves would have to go above
and around the building.
Dan Nakahara, Village Planner, reported that the old landscaping that was installed in the rear
was in place and 10 additional trees were also added. Staff held a number of conversations that
resulted in landscaping enhancements. Mr. Nakahara noted the plantings were field verified.
Trustee Struthers indicated there is more noise coming from McDonalds.
Trustee Jester moved to accept the report and recommendation of the Plan Commission. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Board of Trustees Meeting
July 1, 2019
Page 4 of 8
Mayor Rosenthal noted that if residents have an issue, they should call the Police Department.
Mr. Kogan stated they currently have a noise issue with a semi -truck parked overnight. He was
told there is nothing that can be done as it is private property.
Mr. Kogan explained the landlord had agreed to put up a sign stating who manages the property.
Shawn Devine with Cadwells Corners stated a sign was added with the manager's name and
number. They will add a second sign if desired. He noted that the truck does not have
permission to park there overnight.
CONSIDERATION AND ACTION ON Mr. Street reported at the June 1, 2019, Committee
THE REPORT AND of the Whole meeting, the Board directed staff to
RECOMMENDATION OF STAFF RE: prepare a report regulating treehouses, playhouses,
TREEHOUSES, PLAYHOUSES, playsets and other playground equipment. Staff
PLAYSETS AND OTHER recommends amending the Zoning Ordinance
PLAYGROUND EQUIPMENT regarding size and setbacks.
Mayor Rosenthal noted a child's playhouse shall not exceed 15 feet above grade. Code
Enforcement Supervisor Clint Case suggested the specifications need to be tweaked. Mayor
Rosenthal noted the regulations apply to rear yards only; front and side yards are prohibited.
There needs to be more emphasis that they are only allowed in rear yards. Trustee Struthers
questioned if there would be an exception for a corner lot with a large side yard. Trustee
Oppenheim noted the Village does not want playhouses with street frontage. Mr. Case indicated
the definitions would have some examples. Trustee Oppenheim questioned whether existing
playhouses would be grandfathered. Mr. Street stated they need a specific way to do that,
possibly through a pre-existing, non -conforming designation or amortizing their value out over
several years, after which they would need to be removed.
Trustee Oppenheim moved to accept the report and recommendation of staff. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE AMENDING "THE
MUNICIPAL CODE OF THE VILLAGE
OF DEERFIELD, 1975," AS AMENDED
TO ADOPT THE 2018 EDITIONS OF
THE INTERNATIONAL BUILDING
CODE, INTERNATIONAL
RESIDENTIAL CODE,
INTERNATIONAL MECHANICAL
An Ordinance amending the Municipal Code of the
Village of Deerfield, 1975, as amended to adopt
the 2018 editions of the International Building
Code, International Residential Code, International
Mechanical Code, International Fuel Gas Code,
International Property Maintenance Code and
International Pool and Spa Code. First Reading.
Board of Trustees Meeting
July 1, 2019
Page 5 of 8
CODE, INTERNATIONAL FUEL GAS Mayor Rosenthal noted the Village has received a
CODE, INTERNATIONAL PROPERTY number of letters from realtors opposing the
MAINTENANCE CODE, requirement for sprinklers in single-family homes.
INTERNATIONAL FIRE CODE AND Most of the letters were identical form letters.
INTERNATIONAL POOL AND SPA Trustee Oppenheim noted the letters all opposed the
CODE — 1R fire suppression system in new construction.
Trustee Jester indicated almost all nearby
communities, except Highland Park have already adopted this and asked for any insight. Mr.
Street will try to get more information before the next meeting.
Joe Roth, from the North Shore Barrington Association of Realtors, reinforced opposition to
requiring sprinklers in new construction. He believes that the decision is for homeowners to
make, not the government. He indicated approximately 10 percent of fire suppression systems
fail and leaks do happen in these systems. A false activation can destroy a home. Homeowners
should determine if it is right for them. Stating these systems pay for themselves is not true.
Looking at the averages in Lake County, it takes more than 30 years in insurance savings, but the
maintenance costs are not taken into consideration. There will need to be inspections as well,
which are also additional costs. The North Shore Association of Realtors would recommend
requiring builders to offer a system to allow homeowners to make their own choice.
Trustee Seiden noted it may take 30 years to pay it off, but the fire department asked us to pass
this, in the unlikely event there is a major fire. He believes it is a life safety issue.
Deputy Chief Larson understands the costs that come into play with a sprinkler system, but
questioned the cost of a life. This is a model code to make things safer with time and
technology. Building construction materials have become better, but there is still the human
factor. We have been lucky there has not been a local fatality since 1993. Residential sprinkler
systems are designed to allow residents to exit the house and hold it until the fire department is
on the scene. The water pressure for a residential unit is about 15 gallons per minute.
This will stand as a First Reading of the Ordinance.
OLD BUSINESS
ORDINANCE AMENDING SECTION An Ordinance amending Section 9.02-F.3 of the
9.02-F.3 OF THE DEERFIELD ZONING Deerfield Zoning Ordinance of 1978, as amended,
ORDINANCE OF 1978, AS AMENDED, to allow a digital scoreboard at a public high school
TO ALLOW A DIGITAL SCOREBOARD property to be used for community events in the P-1
AT A PUBLIC HIGH SCHOOL District. First Reading.
PROPERTY TO BE USED FOR
COMMUNITY EVENTS IN THE P-1 Mayor Rosenthal noted the petitioner requested
DISTRICT — 1R this item be tabled.
ORDINANCE APPROVING AN An Ordinance approving an amendment to a Special
Board of Trustees Meeting
July 1, 2019
Page 6 of S
AMENDMENT TO A SPECIAL USE TO Use to permit the installation of a new digital
PERMIT THE INSTALLATION OF A scoreboard to be located at Deerfield High School.
NEW DIGITAL SCOREBOARD AT First Reading.
DEERFIELD HIGH SCHOOL — IR
Mayor Rosenthal noted the petitioner requested this
item to be tabled.
Trustee Benton moved to Table these two agenda items to the August 5, 2019, Board of Trustees
meeting. Trustee Seiden seconded the motion. The motion passed unanimously on a voice vote.
NEW BUSINESS
RESOLUTION R-19-17 REGARDING The Illinois General Assembly passed the Cannabis
THE ZONING, REGULATION AND Regulation and Tax Act on June 6, 2019, which
LICENSING OF RECREATIONAL legalizes the sale, possession and use of cannabis
CANNABIS BUSINESSES for recreational use by adults over the age of 21
starting January 1, 2020. The Village Attorney's
office prepared a memo suggesting the Plan Commission to look into an amendment to the
Zoning Ordinance.
Mayor Rosenthal noted the Police Department will be dealing with traffic and enforcement
whether the sale of cannabis is allowed in Deerfield or not. She suggested the Plan Commission
consider the following limitations:
• Limit the number of retail dispensaries to one, pending review of the administrative roles
to be issued by the State agencies
• Prohibit on -site consumption
• Limit retail dispensaries to the I-2 and C-2 Zoning Districts
• Require a minimum setback of 500 feet from a public park and 1,000 feet from a school
• Require a minimum setback of 2,000 feet from a high school
• Limit the size of a retail dispensary to 5,000 square feet
• Establish a 3 percent sales tax on recreational cannabis
• Prohibit craft growers and cultivation centers
• Prohibit processing organizations or processors
• Prohibit infuser organizations or infusers
• Confirm the State law does not allow cannabis to be consumed in public
• Note that medical authorization is required for home growing of 5 plants or less
Trustee Oppenheim believes the Village may have some legal issues with making our
requirements so much more stringent for marijuana than alcohol. If both substances are legal,
there may be some legal challenges. Trustee Oppenheim believes people that want to open a
business may question why there are so many more restrictions than alcohol. She believes it will
be an ongoing challenge for years.
Board of Trustees Meeting
July 1, 2019
Page 7of8
Ms. Lenneman noted liquor is set up with an alcohol licensing procedure. Cannabis is not part of
that. Based on the Act, it is clear local zoning regulations have been contemplated. The number
of licenses are limited. Trustee Jester suggested changing the word prohibited to permitted in the
Ordinance. Mr. Street noted Section 2 Item A in the law allows the Village to prohibit retail
sales. Ms. Lenneman noted it is the Village's position that it is prohibited currently. Trustee
Oppenheim believes it would be ridiculous to have the medical marijuana establishments more
restrictive than a recreational marijuana establishment. Trustee Struthers inquired if banning
people smoking in apartments should be considered. Mr. Street noted landlords are allowed to
restrict smoking.
Mayor Rosenthal noted on page 2 of the memo from the Village attorney's office states
recreational cannabis uses could fall within other listed uses that are permitted. She questioned
whether it should state "cannot" fall and eliminate "pharmacies." Ms. Lenneman noted although
it is our position, we can argue that the Village will hold a Public Hearing regarding further
discussion. Mr. Street indicated the Ordinance cannot leave this ambiguity.
She noted that approval of the Resolution send the matter to the Plan Commission. Trustee
Seiden is not convinced it is a good use for the Village. Mayor Rosenthal noted there will be
costs involved regardless of whether the Village approves it. Mayor Rosenthal suggested some
verbiage updates for the Resolution.
Trustee Benton moved to approve the Resolution as amended. Trustee Struthers seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Struthers (4)
NAYS: Seiden (1)
AUTHORIZATION TO AWARD Public Works Director Bob Phillips reported that
ADDITIONAL WORK FOR THE the Woodland Subdivision water main project is
WOODLAND SUBDIVISION WATER currently underway. He noted that the project
MAIN PROJECT included televising the storm sewers. The footage
From the televising showed that some of the storm
sewers are in worse condition than previously believed and staff is recommending lining them at
this time as part of the current capital program at a cost not to exceed $75,000.
Trustee Jester moved to approve. Trustee Oppenheim seconded the motion. The motion passed
by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
DISCUSSION
Board of Trustees Meeting
July 1, 2019
Page 8 of 8
NEW HANDHELD DEVICE LAWS Trustee Jester noted there is now a new State law
driving with a handheld device that increases the
penalty to a moving violation. He hopes it will get people's attention and is interested in how
many violations will be issued by the Police Department. Mayor Rosenthal added the law also
affects people stopped at a red light who use a phone.
NW MUNICIPAL GALA
Mayor Rosenthal thanked the Trustees for attending
the Northwest Municipal Gala. She noted Trustee
Shapiro was installed as the Secretary this year.
TRUSTEE IN THE TOWN
discussions and questions from residents.
RIBBON CUTTING
Organic. They have a new owner.
Mayor Rosenthal and Trustee Benton were at the
Farmers Market on Saturday. They enjoyed the
Mayor Rosenthal thanked Trustee Benton and Mr.
Street for attending the ribbon cutting at Spa
FIREWORKS Mr. Street reminded residents not to use
unauthorized fireworks over the holiday. He urged
residents to be safe. Mr. Street noted there would be an increased police presence for fireworks
and people driving under the influence.
ADJOURNMENT There being no further business or discussion,
Trustee Oppenheim moved to adjourn the meeting.
Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. The
meeting was adjourned at 8:55 p.m.
The next regular Board of Trustees meeting will take place on Monday, July 15, 2019, at 7:30
p.m.
APPROVED:
Mayor
ATTEST:
Village Clerk