05/03/2010May 3, 2010
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 Monday, May
3, 2010 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
Barbara Struthers
Absent: Alan Farkas
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Danelle Laumeyer, Amanda Bidlencik and Al
Carter from the American Cancer Society /Relay for
Life led those in attendance in reciting the Pledge of Allegiance.
PROCLAMATION Mayor Rosenthal proclaimed that Relay for Life is a
celebration of life benefiting the American Cancer
Society. She proclaimed May 15 — May 16 as Relay for Life days in Deerfield and urged
citizens to get involved in the Relay which will be held from 6:00 p.m. on May 15 until 6:00 a.m.
on May 16.
Trustee Jester made a motion to accept the Proclamation. Trustee Oppenheim seconded the
motion. The motion passed unanimously.
Ms. Laumeyer invited everyone to come out and participate in Relay for Life. She thanked the
Village for their continued support.
PROCLAMATION Mayor Rosenthal noted that the Public Works
Department provides services that are an integral
part of citizens' everyday lives, including water, sewer, streets, highway and public buildings.
She proclaimed the week of May 16 — May 22 as National Public Works week in Deerfield, in
recognition of the contributions that public works employees make every day.
Trustee Benton made a motion to accept the Proclamation. Trustee Struthers seconded the
motion. The motion passed unanimously.
Director of Public Works and Engineering, Barbara Little, reported that the Deerfield Public
Works department has 35 employees who serve the public every day and improve the quality of
life for present and future generations.
Board of Trustees Meeting
May 3, 2010
Page 2 of 7
MINUTES OF PREVIOUS MEETINGS Trustee Struthers made a motion to approve the
minutes from the April 19, 2010 Board of Trustees
meeting. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the
Bills and Payroll dated May 3, 2010. Trustee
Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
PUBLIC COMMENT There was no Public Comment on non - agenda
items. -
REPORTS
REPORT AND RECOMMENDATON OF The Plan Commission held a Public Hearing on
THE PLAN COMMISSION RE: April 8, 2010 to consider a request for approval of
REQUEST FOR APPROVAL OF A a preliminary plat of subdivision for the property
PRELIMINARY PLAT OF located at 236 Deerfield Road. The Plan
SUBDIVISION FOR THE PROPERTY Commission voted 4 -1 in favor of the request.
AT 236 DEERFIELD ROAD
Mr. Coblentz noted the real question is whether the
proposed two lot subdivision would create a lot in depth. He explained that a flag lot is not the
same as a regular lot in depth, and the regulations are very precise.
Mr. Coblentz reported that the current property is not a lot in depth because it is not located
directly behind another lot. The proposed subdivision would not create a lot in depth either,
because it would not be located directly behind another lot.
Mr. Coblentz stated the recommendation is for a building line to restrict the west side
development of Lot 1. The Deerfield Zoning ordinance establishes yard requirements which are
controlled by zoning setback lines. If the property is established as proposed, all future
owners/builders would have to comply with both regulations, and the more stringent of the two
regulations would control.
Bob Kenny, the petitioner's attorney, reported that Kirk Malcolm is the property owner and
would be the resident of the new home. His daughter and her family would move into the
existing home. He noted the reason for the proposed subdivision is to allow two homes to be
built. The property is zoned R -1 and is much larger than the required lot area. Mr. Kenny
confirmed that if the property were subdivided as proposed, the two lots would still comply with
the Zoning Ordinance.
Board of Trustees Meeting
May 3, 2010
Page 3 of 7
Trustee Struthers asked where the front door to the property would be located. Mr. Kenny
responded that the entrance would be on the south, and the driveway would be in the front of the
house. Trustee Struthers reminded the petitioner that the Village has a 50% maximum
impervious surface requirement. Mr. Kenny responded they are aware of the restriction and will
comply.
Trustee Oppenheim asked how many trees would be removed. Mr. Kenny responded that three
ash trees would be taken down.
Mike Loeffel, 835 Beverly Place, stated he is supportive of the subdivision of property but has
concerns related to the setbacks due to flag lot issues. He believes the proposed setbacks did not
take the Beverly Place subdivision into consideration. The proposed side lot would be next to
the rear yard of a major subdivision where everything else is wooded and not subdivided. He
explained the configuration was caused by the zoning, and the Malcolm's house would be
located on the southern two - thirds of the lot. The results would include greater tree loss and
headlights into the Beverly Place subdivision. Mr. Loeffel asked the Board to consider a plan
that would eliminate the northern building line so it better coordinates with the adjacent
subdivision.
Kirk Malcolm, 236 Deerfield Road, is pleased with results of the Plan Commission, including
the setbacks. He met the requests of the fire chief and is ready to move forward as proposed
Roger Mandel, 250 Deerfield Road, is in favor of the project and likes the concept of parents
allowing their daughter to live in her childhood home.
Larry Bluestone, 825 Beverly, lives in house directly to the south of Mr. Loeffel's house and
adjacent to the Malcolm's property. He wants to support the Malcolms and understands what
they want to do; however, he believes his family and his business would be adversely affected by
the proposal.
Trustee Struthers asked how Mr. Bluestone determined that the proposed subdivision would have
a negative financial impact. Mr. Bluestone explained that their view of the woods would be
altered, causing their property to lose value.
Mr. Bluestone stated he is trying to work with the petitioner. He believes the property is different
because it will be turned sideways, creating a side yard next to a rear yard. He suggested
allowing the petitioner to build 16 feet to the north, to eliminate a number of problems. He
stated that the current configuration would cause vehicular headlights to go right into their house.
Ryan Johnstone from the Michael Stone Group believes the walnut tree can be protected, and
they would follow their best practices on this property. He explained they would not be clearing
the woods; rather, they would clean out unhealthy trees, deadwood and unwanted species such as
buckthorn. They will leave as much coverage as possible. Mr. Johnstone is interested in
keeping a buffer between this lot and the other and would add additional landscaping.
Board of Trustees Meeting
May 3, 2010
Page 4 of 7
Trustee Oppenheim made a motion to accept the report and recommendation of the Plan
Commission, with the conditions of the 28 foot building lot to the west and the widened 14 foot
driveway. Trustee Struthers seconded the motion. Trustee Seiden abstained since he knows the
petitioner.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Struthers (4)
NAYS: None (0)
ABSTAIN: Seiden (1)
CONSENT AGENDA
ORDINANCE AMENDING ARTICLE 12
An Ordinance amending Article 12 of Chapter 2
(SPECIAL USE PURPOSES BOARDS
of the Municipal Code of the Village of
AND COMMISSIONS) CHAPTER 2
Deerfield to establish the Sustainability
(ADMINISTRATION) OF THE
Commission and to eliminate the Environmental
MUNICIPAL CODE OF THE VILLAGE
and the Energy and Recycling Commissions. First
OF DEERFIELD TO ESTABLISH THE
Reading.
SUSTAINABILITY COMMISSION AND
TO ELIMINATE THE ENVIRONMENTAL
COMMISSION AND THE ENERGY
AND RECYCLING COMMISSION —1R
ORDINANCE 0 -10 -13 INCREASING An Ordinance increasing the number of members of
THE NUMBER OF MEMBERS ON THE the Cemetery Commission from three to five.
CEMETERY COMMISSION FROM
THREE TO FIVE Trustee Benton made a motion 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, Struthers (5)
NAYS: None (0)
Trustee Struthers made a motion to adopt the Ordinance. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Trustee Oppenheim made a motion to appoint Michael Kramer, John Zobus and Paul Meintzer to
the Cemetery Commission. 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
May 3, 2010
Page 5 of 7
OLD BUSINESS
ORDINANCE APPROVING AN An Ordinance approving an Amendment to a
AMENDMENT TO A SPECIAL USE Special Use to permit additions and other
TO PERMIT ADDITIONS AND OTHER renovations to Wilmot School at 795 Wilmot
RENOVATIONS TO WILMOT SCHOOL Road. First Reading.
AT 795 WILMOT ROAD — I
Michael Miller, 1655 Marcie Court, believes there
are alternate solutions that meet at least some of the neighbors' concerns and asked the Board to
hold off on voting on the Ordinance. Trustee Struthers asked if Mr. Miller had met with the
School Board and the design team. Mr. Miller explained he provided times he was available, but
they were unable to meet during those times. Mayor Rosenthal stated this was a First Reading,
and the Trustees do not take action until the May 17`" Board of Trustees meeting when the
Ordinance comes back for final action. She encouraged Mr. Miller to do what he could before
that meeting. Trustee Struthers also encouraged the school officials to meet with the residents.
Mr. Miller stated that many of the things he was asking for would not be in the Plan Commission
minutes. Mr. Street noted that Mr. Miller asked about greater use of the Park District's property.
He stated that the Park District was not asked because the School District wants to use its own
property for the improvement. Trustee Oppenheim explained that the Village cannot tell the
Park District what to do; they are reluctant to give up green space for parking spaces. Trustee
Oppenheim stated the agendas of the two bodies are different.
Joe Nogal, 755 Marcie Court, stated his main concern is the traffic flow coming out of the
facility. There will be 215 additional vehicles. Last Friday, the left turn lane was backed up all
the way. The number of cars would be increased from 145 to 360 during that two hour time. He
asked for a diagram on the traffic flow but was told that it would be monitored and adjusted as
necessary. Before spending three million dollars on a project, he thinks it should be tested to
ensure it would work. He questioned the wisdom of moving traffic from Deerfield Road to
Wilmot across from Marcie Court. He does not believe it will be safer.
Mayor Rosenthal asked if Mr. Nogal saw the traffic report. Mr. Nogal believes the traffic report
does not show traffic flow or plotting of vehicles. The vehicular traffic will more than double
and will back up even more. Common sense does not say it will be safer or more efficient. Mr.
Nogal concluded that the logic is flawed. He believes there are safety issues, and the District
should work on an alternative plan that works for residents as well as the school.
Steven Schwartz, a member of the District 109 School Board, reported that school
representatives met with residents last Monday evening and also offered to meet with them on
Sunday morning. They responded to the residents' questions and reviewed the plans. Mr.
Schwartz explained they configured the parking lot to allow traffic to flow much better. They
have added a longer waiting area, as well as passing lanes. Mr. Schwartz explained the residents
on Marcie Court do not want people parking on their street, and they are trying to accommodate
that request as well. Mr. Schwartz explained they discussed the resident - submitted alternative
plan and submitted a bullet point response on why it would not work.
Board of Trustees Meeting
May 3, 2010
Page 6 of 7
Mayor Rosenthal stated this would stand as a First Reading of the Ordinance.
Gail Smith, 760 Marcie Court, expressed concern because the Mayor suggested the residents
meet with the Wilmot School principal and architect after the meeting, but they left the building.
She does not believe they want to talk to or hear from the residents. The Village is asking
residents to work with the school, but school representatives are not working with the residents.
Mayor Rosenthal encouraged the residents to speak with school officials. Trustee Struthers
added they are an elected board and suggested they attend the School Board meeting at Caruso.
NEW BUSINESS
ANALYSIS AND AWARD OF BID FOR Asst. Village Engineer Bob Phillips reported that
2010 STREET REHABILITATION the 2010 Street Rehabilitation Project includes four
PROJECT streets: Blackthorn, Walden, Norman and Colwyn
Terrace. They also bid the project with a portion of
Hackberry as an alternate. There were six bidders and the low bid came from Peter Baker and
Sons. Staff recommends increasing the scope to include alternate A and awarding the contract to
Peter Baker and Sons in an amount not to exceed $997,290.15.
Trustee Jester made a motion to award the contract for the 2010 Street Rehabilitation Project to
Peter Baker and Sons in an amount not to exceed $997,290.15. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ORDINANCE 0 -10 -14 AMENDING
SECTION 9 -68 OF ARTICLE 10
(MUNICIPAL ELECTRIC UTILITY
TAX) OF CHAPTER 9 (FINANCE AND
TAXATION) OF THE MUNICIPAL
CODE OF THE VILLAGE OF
DEERFIELD — 1R
An Ordinance amending Section 9 -68 of Article 10
of Chapter 9 of the Municipal Code of the Village
of Deerfield. Mr. Street explained that ComEd
stated the Village needed a technical change to
the Ordinance previously approved. He noted that
the rates have not changed; rather there is a
clarification on who is paying.
Trustee Oppenheim made a motion to waive the First Reading of the Ordinance. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Trustee Struthers made a motion to approve the Ordinance. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
1
i
Board of Trustees Meeting
May 3, 2010
Page 7 of 7
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
DISCUSSION
MUNICIPAL CONFERENCE Trustee Struthers attended a municipal conference
last week that presented a lot of information about
tax abatements and tax dollars available for making properties more energy efficient. The details
are unclear, but she will report back to the Board when additional information is available.
LINDEMANN PROPERTY Trustee Struthers wants something done with the
former Lindemann's property. She spoke with
VCDC Chairman Alan Garfield who stated the VCDC would tackle the property if the Board
provided parameters. She asked the Trustees to consider this for the next Board of Trustees
meeting. She is currently suggesting an improved parking lot.
HAPPY BIRTHDAY
ADJOURNMENT
ATTEST:
'Village Clerk
Mayor Rosenthal and the Board of Trustees wished
Trustee Struthers a happy birthday.
There being no further business to discuss, the
meeting was adjourned at 8:55 p.m.
APPROVED:
ayor