07/17/2017July 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 July 17, 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 (arrived 7:50 pm)
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 Police Sergeant Iain McCowan lead those in
attendance in reciting the Pledge of Allegiance.
25 YEARS OF SERVICE Mayor Rosenthal reported tonight marks Sergeant
McCowan’s 25th year of service. He started as a
police cadet in Deerfield. Sergeant McCowan has received numerous commendations for his
service. His current assignment is Sergeant of the Traffic Unit.
Sergeant McCowan introduced his family and thanked everyone for their support.
REPORT ON STORM AND FLOODING Assistant Village Manager Andrew Lichterman
reported the Village received approximately 7
inches of rain in a 24 hour period between July 11 and 12. Many employees worked overnight.
Approximately 25 roads were completely or partially closed during that time. The reservoirs
serving the Village performed as expected. Over the past week, the Village engineering division
will visit properties and offer ideas for improvement. Staff was in regular communication with
ComEd as more than 2,000 residents or businesses lost power during the storm. ComEd’s
restoration was slowed due to fallen trees and access issues related to high water. The Village
sent several e-blasts to keep residents informed. Residents are encouraged to sign up for
ComEd’s power alerts.
Mayor Rosenthal commended Village staff on how well they served the residents. Many staff
members worked through the night. Mayor Rosenthal questioned how the residents can go about
getting money from the Lake County being declared as a disaster area. Mr. Lichterman will let
residents know how to collect if the Federal funds become available.
Mr. Street reminded residents to sign up for the Village’s e-blast system.
DEPARTMENTAL OBJECTIVES Mr. Lichterman presented highlights from the six
Board of Trustees Meeting
July 17, 2017
Page 2 of 9
REPORT – ADMINISTRATION month report of the Administrative department.
Staff is working on the property at 630 Central
Avenue. The structure has been demolished and the site has been graded and secured while staff
develops conceptual plans for a parking lot and butterfly garden.
Collective bargaining negotiations are starting for the police and public works departments.
Economic Development remains front and center. They are working on new employee welcome
kits with the Chamber of Commerce. Jewel Osco grand re-opening is scheduled for Wednesday.
The new drive aisle is being constructed at Deerbrook Mall.
Administrative staff has been keeping track of what is happening in Springfield. They are also
working on obtaining grant money for capital projects. The Village Manager’s office has
worked on replacing a retired employee and started a new summer research internship program.
The Village Manager’s office acts as the liaison to several commissions throughout the Village.
The IT Division completed 1,556 work orders over the six month period.
MINUTES FROM PREVIOUS MEETING Trustee Struthers moved to approve the minutes
from the June 16, 2017, Board of Trustees meeting.
Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote.
BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and
Payroll dated July 17, 2017. Trustee Benton
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, 442 Kelburn, noted the economy
and housing have improved. There are now a
number of requests for multi-family housing. Mr. Marwick expressed concern about the density
as it will change the characteristics of the neighborhoods. He questioned whether this is the
direction Deerfield should go. Mr. Marwick believes there will be a number of issues, especially
in established areas. He believes the Village should put together a study to look at how to meet
the housing needs. There seems to be a lot of need for this type of housing.
REPORTS
REPORT AND RECOMMENDATION Mr. Street stated the petitioners provided a letter
OF THE PLAN COMMISSION RE: addressing the Village Board’s concerns from the
REMOVAL OF THE RESTAURANT last discussion. Attorney David Meek and Sean
PROHIBITION AT CADWELL’S Devine summarized their letter. They are in
CORNERS SHOPPING CENTER FOR negotiations with Panera to relocate into the Center.
THE PORTION OF THE SHOPPING Mr. Meeks noted they provided the Board with
CENTER SOUTH OF PET SUPPLY PLUS information about the trash, odors and pest control.
TO THE END UNITS FACING LAKE He noted Center ownership would put a brick trash
Board of Trustees Meeting
July 17, 2017
Page 3 of 9
COOK ROAD AND AN AMENDMENT enclosure as close to Lake Cook Road as possible
TO THE SIGN PLAN FOR THE PYLON to better shield the trash receptacles from pests and
SIGNS (TABLED AT 6/5 MEETING) sightlines. They will also put a pest control
program in place, to cover the entire center,
specifically the restaurant area. They would also incorporate a regular power washing and
cleaning of the trash enclosure area in their regular cleaning contract. Lake Shore has a program
to clean dumpsters, which will reduce odors. This will be incorporated in the potential restaurant
user contracts.
Mr. Devine engaged PS Appraisals to conduct a study on adding restaurant uses to residential
properties. The study did not find any impact on property values.
Mr. Devine spoke with Village staff regarding reports of Fresh Thyme violations. He indicated
there may have been violations that have not been reported. Mr. Devine will install a sign
indicating who to contact. The Center’s landscaping company reported there are two dead
evergreen trees that were scheduled to be replaced on July 10, 2017. Residents also complained
about lights not being properly maintained on the property. They have increased the frequency
to check the lights from every 4 to 6 weeks to every 4 weeks. Trustee Shapiro asked about the
landscaping on the east side of the building. Mr. Meek explained that landscaping is on the
church property. Trustee Oppenheim indicated there is a grade change in that area. Mr. Street
suggested the petitioner look into that area to see if they could add additional buffering to that
area.
Mr. Devine addressed what has changed in the restaurant industry over the past 36 years since
the prohibition was put in place. He noted that 36 years ago, there were more formal sit-down
restaurants and diner/grill restaurants. Today, there are more fast casual restaurants that do a
much better job on operations. They offer fresher food choices, use interior heating and better
pollution controls. Mayor Rosenthal noted Panera would be one user. She questioned whether if
a new user of the space would have to come in for a new Special Use. Mr. Ryckaert stated the
Village could restrict the Special Use to a specific user in the current Special Use process.
Mr. Devine addressed delivery restrictions and indicated they would be in favor of the same
delivery restrictions as Fresh Thyme on the east and north sides of the shopping center. They
would not want to restrict the deliveries on the south and west sides of the development because
some deliveries may be received outside those hours. Jason Berg, Director of Construction with
Panera Bread, stated they have been in Deerfield for more than 20 years and do not have plans to
leave. Parking is a big concern. Mr. Berg met with Village staff and would put the service door
on the south end of the property so trucks would enter from Lake Cook Road. They receive
seven deliveries a week, during the day and the delivery truck would park on the south side of
the building. There is one overnight delivery twice per week. Trustee Oppenheim noted there is
a right-in, right-out going into the center coming from the east. Mr. Berg would require the
delivery drivers to come from the east. He noted there would be no reason for the delivery truck
to access the north or west entrances. Mr. Meek noted the deliveries would all be regulated and
scheduled. Mayor Rosenthal noted the truck drivers would be required to turn off the engines.
Mr. Street noted these restrictions would be listed in the Special Use Ordinance. Trustee Seiden
questioned whether the landlord would adhere to the rules set forth in the Special Use. Mr.
Board of Trustees Meeting
July 17, 2017
Page 4 of 9
Street stated there were some issues initially. The ownership of Fresh Thyme has taken care of
the issues. The Village needs to put the specifics into the Special Use Ordinance.
Mr. Marwick thinks adding restaurants to this location would be a good thing for the Village. He
does not see a disadvantage to allowing restaurants in Cadwell’s Corners. He believes it will
increase the property values in the Village.
Martin Shaffer, 99 Evergreen Court, is disappointed that he is just getting the report on the effect
of adding restaurants on the property values. Kevin Burns of PF Appraisal confirmed he is a
certified general real estate appraiser and he can appraise both residential and commercial real
estate. Mr. Schaefer believes the procedure was flawed and got a flawed result.
Linda Scott, 90 Evergreen Court, questioned how comparable the areas in the real estate report
were to the neighboring community. She also asked how a restaurant would impact the traffic.
Mr. Meek noted they submitted a KLOA traffic study which showed there was no demonstrative
impact on the parking or traffic.
Mr. Burns looked at similar properties in Lake County. Out of the 117 centers, only five do not
have a restaurant. Many centers do not back up to residential areas. They looked at a baseline to
consider Briarwood Vista, subdivision to the east. 88 Evergreen Court, which is the closest
property to the restaurant, was the third highest sale in the subdivision. Poet’s Corner, which is
close to Chipotle and Baskin Robins, did not have any discernable differences per square foot of
gross living area. Some of the homes that were closer to centers had higher prices per square
foot. Having restaurants close to homes are often highlighted in real estate listings. Joe Wallace
noted the control area sold for $213 per square foot while the subject area sold for $210 per
square foot, or a $3 different equating to less than 2 percent of the home value.
Trustee Oppenheim moved for approval to lift the restriction on food service at the southern end
of Cadwell’s Corners as defined by the metes and bounds description with the restrictions on
deliveries as discussed and the commitments on improving the trash enclosures and cleaning.
Trustee Shapiro seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF Mr. Street reported the Plan Commission held a
THE PLAN COMMISSION RE: Public Hearing on June 22, 2017, to consider a
AMENDMENT TO THE WEINBERG preliminary development plan for a six-story
COMMUNITY PLANNED UNIT building with 240 apartment units at 1627 Lake
DEVELOPMENT TO ALLOW THE Cook Road. The Plan Commission voted 5-0 in
DEVELOPMENT OF AN INDEPENDENT favor of recommending approval including sign
SENIOR APARTMENT COMMUNITY and canopy variations.
CONSISTING OF 240 APARTMENTS AT
1627 LAKE COOK ROAD (JEWISH Barry Nekritz, attorney, received approval from
UNITED FUND/JEWISH FEDERATION the bank for this, the second to last piece of the
OF METROPOLITAN CHICAGO, JFMC community. Mark Weiner, President and CEO of
Board of Trustees Meeting
July 17, 2017
Page 5 of 9
FACILITIES CORPORATION AND CJE Senior Life, noted this project is an
BANNER DEVELOPMENT, LLC) integral part of the CJE community. He noted they
recently celebrated the 20 anniversary of the
Gidwitz Center. CJE has been in existence for 45 years. This year, they served more than
23,000 clients. The project has several objectives including the desire to serve the community,
develop a signature project, advance their continuity of care, and have a successful program.
Physically and architecturally, the building would be compatible with the neighborhood. They
would have synergies including shared programming and administrative oversight.
Trustee Struthers asked about the traffic pattern. Dan Brink from Gewalt Hamilton stated there is
an existing cross-access agreement with both the AMLI building and the office building. Mayor
Rosenthal asked about the number of parking spaces. Mr. Brink stated the village does not have
specific code requirements for independent living. The most similar is multi-family residential.
The code requirement would be 400 parking spaces for multi-family. They looked at published
information and demand, which shows 0.6 spaces for independent living. The AMLI building
has 1.25 spaces per unit, for non-age target units. Other communities require 0.75 to 1 space per
unit. They looked at the number of spaces required for employees at 40, and the number of units
of 201 spaces, plus visitors. They estimated 241 spaces are needed. They have 228 spaces on-
sight. AMLI has 35 shared spaces, which will be used for daytime staff. To provide additional
visitor parking, JUF and Banner enlisted a valet, for 62 more spaces. Mayor Rosenthal
expressed concern because One Deerfield Place said they would need less than one space per
unit. The Village required one space and there is not enough parking because seniors are driving
longer. Mr. Brink stated the facility has a number of amenities including kitchens in the units, a
commissary, a bus, onsite meal options, that reduce the need for driving. Mayor Rosenthal
wants the project to be successful. Mr. Brink indicated that at 228 spaces, they are looking to
provide three spaces for every two units. He does not anticipate every resident having a vehicle.
Trustee Oppenheim questioned whether the petitioners looked at other independent living
facilities when determining the number of parking spaces. Mr. Brinker stated those communities
do not have the same amenities as what is being proposed. Trustee Struthers noted there are
currently 10 accessible parking spaces that are nearly 100 percent used. She questioned what
would happen if more ADA spaces were needed. Mr. Brinker noted that if there were no ADA
spaces available, it would be an excellent opportunity to utilize the valet. He noted the valet
would be available 24 hours per day.
Trustee Shapiro asked about the 35 spaces that will be shared with AMLI. He summarized those
spaces would be available on a first-come, first-serve basis and would be shared during the
daytime hours and would be for employee use. Mr. Brinker noted those spaces would not be
needed for demand; rather, it would be for overflow. Trustee Shapiro asked if the petitioner has
looked at offsite parking. John Burke, Project Manager for Banner Real Estate, spoke with
Colliers which is located just to the west of the site, however they are not ready to make a
decision at this time. Mr. Burke will continue working on parking. Mr. Street believes there is
potential to share parking with other parts in the CJE campus. Mr. Weiner explained the last
thing they would want is visitors not being able to park. Their intention is to allow valet parking
for flexibility.
Board of Trustees Meeting
July 17, 2017
Page 6 of 9
Richard Mann, Principal with Norr Architects, discussed the design proposed building. The
building is ideally suited for independent senior housing as it is nestled between AMLI and the
Weinberg, Gidwitz and Friends Center. The proposed six-story building with enclosed parking
would be 65 feet to main roof plus 4 feet for parapet. He noted the Gidwitz building is 6 stories
and 75 feet high. He indicated they propose 5 percent studio, 60 percent one-bedroom, 35
percent two-bedroom units.
Trustee Benton 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, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on
OF THE PLAN COMMISSION RE: TEXT June 22, 2017, to consider a possible Text
AMENDMENT TO THE ZONING Amendment. The Plan Commission voted 5-0 in
ORDINANCE FOR COMING SOON favor of the Text Amendment for the C-1 and C-2
WINDOW SIGN REGULATIONS FOR Zoning districts to expand “coming soon” signage
FUTURE BUSINESSES THAT PLAN TO to 90 days from opening.
OPEN IN THE COMMERCIAL
DISTRICTS Mayor Rosenthal suggested this is an opportunity to
increase excitement about new businesses coming
into the Village. She believes it will be more appealing to look at a professional, vinyl sign than
brown paper covering a window. Trustee Struthers would prefer allowing 60 days rather than 90
days. She expressed concern if someone does not finish their build-out on time and would rather
extend the 60 days to 90 days. Trustee Struthers would not want this signage up more than 90
days. David Malk with CRM Properties noted the build-out for a retail store is generally 60 to
90 days.
Trustee Seiden 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, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND REVIEW OF Finance Director Eric Burk introduced Dan Berg,
COMPREHENSIVE ANNUAL Audit Partner with Sikich. Mr. Berg thanked staff
FINANCIAL REPORT BY SIKICH, LLP for their hard work and for being so prepared.
There were no adjusted journal entries this year.
They discussed the rededication of a portion of Deerfield Road to the County. The Village’s
capital assets were reduced by more than $1 million. The IMRF liability was frozen.
Mayor Rosenthal asked about the new things they should look at. Mr. Berg noted this is the
second year the pensions are shown as a liability for the Village. The Village has positive net
position. Going forward, they will do the same thing for other post-employee benefits.
Board of Trustees Meeting
July 17, 2017
Page 7 of 9
Trustee Struthers moved to accept the report. Trustee Benton 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 O-17-18 AUTHORIZING An Ordinance authorizing a Class A Special Use
A CLASS A SPECIAL USE FOR A MY for a My Health Dentistry office located in the 720
HEALTH DENTISTRY OFFICE Waukegan Road building, Unit D at the Shops of
LOCATED IN THE 720 WAUKEGAN Deerfield Square.
ROAD BUILDING, UNIT D (FORMER
ROBERT VANCE SPACE) AT THE Mayor Rosenthal indicated the petitioner has
SHOPS AT DEERFIELD SQUARE requested a waiver on the First Reading of the
(CRM PROPERTIES GROUP, LTD. AND Ordinance.
MY HEALTH DENTISTRY) – 1R
Mr. Malk noted they want to get the business open.
Mayor Rosenthal indicated this use has not been controversial.
Trustee Benton moved to waive the First Reading 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)
Trustee Oppenheim moved to adopt the Ordinance. Trustee Shapiro seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
ORDINANCE AMENDING An Ordinance amending Chapter 15 (Morals and
CHAPTER 15 (“MORALS AND Conduct) of the Municipal Code of the Village of
CONDUCT”) OF THE MUNICIPAL Deerfield to establish the offense of light nuisance
CODE OF THE VILLAGE OF or light trespass to residential property. Second
DEERFIELD TO ESTABLISH THE Reading.
OFFENSE OF LIGHT NUISANCE OR
LIGHT TRESPASS TO RESIDENTIAL Mr. Lichterman summarized that staff obtained
PROPERTY – 2R equipment to measure light foot candles. The
Board of Trustees Meeting
July 17, 2017
Page 8 of 9
current sport court lighting is not an issue of light
trespass and would not be captured by measuring foot candles. Staff estimates it is an issue of
glare, which is subjective. Mr. Lichterman does not believe the proposed Ordinance would
address the issue. He suggested amending the ongoing Ordinance to require light measurement
for all new sport courts.
Highland Park has a similar Ordinance, with a 0.25 foot candle on a one-acre lot. They look at
the photometric plan and the lights must be installed and shielded according to that plan. Lake
Forest has robust residential lighting regulations and reviews everything prior to installation. He
believes the Village should review lighting prior to installation in the future.
The current situation on Linden and Elmwood would come up at 0 foot candles at the property
line; however, they have a glare nuisance. The current Ordinance establishes a light trespass
issue but does not speak to shielding light sources or glare. Trustee Oppenheim noted the
Village would be left with the difficulty of defining a nuisance in an objective manner. The
Village needs to find a way to quantify whether there is a problem. Mr. Lichterman does not
believe the current issue is a foot candle issue; rather, it is a glare issue.
Village Attorney Rose noted part of the Ordinance effects glare, but noted it is difficult to
measure glare objectively. He believes this Ordinance captures the initial intent. When
measuring an offense, it is reactionary rather than precautionary. The Village needs a uniform
zoning standard. Trustee Oppenheim noted Village Ordinances should not be based on one
occurrence. Trustee Struthers indicated that if ordinance is written correctly, it would protect
both neighbors.
John Levy, 1340 Elmwood, stated the Village did not have an Ordinance. He reviewed the video
of the meeting he was unable to attend. Dr. Levy explained the concept of a sport court is a new
concept. Dr. Robins lives near Woodland Park which has a full basketball court and other
amenities. Dr. Levy was informed the Robins would be adding more sport equipment to their
backyard. The noise and light from the Robins backyard effects other neighbors as well. He
questioned what rights the neighbors have. Dr. Levy indicated Dr. Robins tilted the light
slightly, but it is still an intrusion on his property. The correction was unsatisfactory to him. Dr.
Levy noted the Robins have bright sconces that are also very intrusive and unacceptable to him.
The proposed Ordinance stated sports court lights need to be off between 11 p.m. and 7 a.m. He
would like the lights to be turned off much earlier. He questioned the height of the lights. Dr.
Levy asked about the grandfather time, which would be up to four months. He thinks that is
much too long. Dr. Levy questioned the noise generated from the backyard activities. He
believes the noise is annoying and disturbing. Dr. Levy has changed his yard and how they have
to use it because his yard has been dominated by a sport court 50 feet from his bedroom window.
Code Enforcement Supervisor Clint Case agrees that there is a better way to deal with this. The
proposed Ordinance is far too restrictive and stringent. There are ways to handle it using
comprehensive reviews that could extend to any residential use. All residential lighting may
require a photometric study in the future. The sconce lighting is governed by lumens, which are
approximately 100 watt light bulbs. The bulb can be seen and can have glare. Mr. Rose noted
Board of Trustees Meeting
July 17, 2017
Page 9 of 9
other communities reduce the number of lumens. Mayor Rosenthal noted there can be issues if
the Village reduces the light standards.
Mayor Rosenthal asked staff to look into making this a Zoning regulation rather than an
Ordinance. People have the right to have equipment in their backyards. Mr. Case explained the
Village Ordinance has a height restriction at the pole. Mr. Rose noted that just because it is not
prohibited by the Village does not mean it is not a civil nuisance. Mr. Lichterman will continue
to work with Dr. Levy and Dr. Robins.
Trustee Shapiro moved to table further discussion. 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
There was no New Business.
DISCUSSION
RAIN STORMS Mr. Street thanked staff for their outstanding work
during the storm. Several departments worked for
24 hours for several days. Mr. Street also thanked Mayor Rosenthal for attending several staff
meetings.
REMINDER Mayor Rosenthal reminded residents to check the
batteries on their sump pumps. She also requested
residents clear leaves from their gutters and from sewers.
ADJOURNMENT There being no further business or discussion,
Trustee Oppenheim moved to adjourn the meeting.
Trustee Shapiro seconded the motion. The motion passed unanimously. The meeting was
adjourned at 10:11 p.m.
The next regular Board of Trustees meeting will take place on Monday, August 7, 2017 at 7:30
p.m.
APPROVED:
Mayor
ATTEST:
Village Clerk