10/18/2010October 18, 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 October 18,
2010 at 7:30 p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Alan Farkas
Thomas Jester
Mary Oppenheim
William Seiden
Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz
and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Jesse Peterson Hall and Hania Fuschetto from Highland
Park Hospital led those in attendance in reciting the
Pledge of Allegiance.
PRESENTATION BY HIGHLAND Jesse Peterson Hall, President of Highland Park Hospital
PARK HOSPITAL presented a $1,500 check to Mayor Rosenthal in support
of the senior taxi program. Mayor Rosenthal thanked
Mr. Peterson Hall for his generous contribution on behalf of the Village and its senior citizens.
MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes
from the October 4, 2010 Board of Trustees meeting.
Trustee Seiden seconded the motion. Trustee Oppenheim made corrections on pages 3 and 4. The
motion passed unanimously as amended.
BILLS AND PAYROLL Trustee Seiden made a motion to approve the bills and
payroll dated October 18, 2010. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
TREASURER'S REPORT Bob Fialkowski presented highlights from the
Treasurer's Report representing five months of the fiscal
year. Sales tax had another positive month and seems to be improving. Electricity tax for two
months (July and August) is included. Building permits are ahead of last year, without Takeda's
third office building. Most of the building permits have been for residential remodeling.
Expenditures are under budget. The gross sales tax for this year vs. last year is down, but the net
sales tax is up due to the corporate rebate agreement with Walgreens. Staff held a rating review
conference today with Moody's for the upcoming bond issue. The audit is complete for the fiscal
year, and he hopes the completed copies will be ready for distribution next week.
Board of Trustees Meeting
October 18, 2010
Page.2 of 8
PUBLIC COMMENT
Richard Bjorseth; 685 Castlewood Lane, expressed many concerns about the property at 679
Castlewood. He has been in contact with Village code enforcement about this property a number of
times in the past 17 years. There is uncontrolled growth of buckthorn and trash. Mr. Bjorseth stated
he has made 15 calls to 911 within the past five years. The house is unoccupied and nearly invisible
and is a fire hazard. He believes the property values of neighboring homes are being negatively
affected by this property. He asks that a resolution be imposed by the Village. The Community
Relations Commission was very encouraging. He also spoke with a Pioneer Press reporter. Mr.
Bjorseth also noticed some recent graffiti. Last Friday there was more activity from Village staff. He
pays taxes in the Village, educated his children in the Village and supports local businesses, and he
feels that something needs to be done.
Helene Bjorseth, 685 Castlewood Lane, added that she has lived in Deerfield most of her life. She
feels it is a great place to raise a family, and it is a good community. Mrs. Bjorseth has lived next to
679 Castlewood for 17 years. When she purchased the property, she did not realize it was vacant. It
is commonly known as the "Deerfield haunted house ". As time went by, they were awakened by
broken glass and loud children. She was told the home had food and clothing in it. In time, the
house has become more and more in disrepair, and it is very disturbing to her. The home is
dangerous and a nuisance. There was at least one fire in the house. The house provides a place for
crimes to occur, and it is interfering with the enjoyment of living in their home. It is affecting the
property value of her home. She was told that realtors would not show her house because of the
condition of the neighboring property. She urged the Board to have a vacant home ordinance that
requires vacant homes to be registered and maintained.
Rob Waterhouse, 465 Susan Lane, stated the house is a danger to anybody who would enter it. There
are a number of teenagers that have entered this house over the years. It is unsafe and unattractive.
He believes something tragic will happen in this property and urged the Village to address it.
Marilee Waldron, 660 Sapling, stated the home is a disaster to look at and a disaster waiting to
happen.
John Waldron, 660 Sapling, watched Mr. Bjorseth perform landscaping on the property. He knows
there are a lot of newspapers in the home. He is afraid of what is in the basement and believes
something needs to be done to clean it up.
Pauline Nolen, 574 Castlewood Lane, has lived in her home for 44 years and recalled the owners
living at 679 Castlewood prior to it being vacated. She noted it was filled with trash and clothes after
they moved out. There are cancelled checks on the floor, the house stinks, and there are birds and
animals throughout the entire house. She stated the house is awful and should come down.
Dan Kruss, 725 Castlewood Lane, asked the Village to find a way to make it legal to clean up this
property.
Mitch Shapiro 638 Castleswood Lane, has young children. His five year old son is interested in that
home, because it is known as a haunted house. Mr. Shapiro is disappointed that the problem has not
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Board of Trustees Meeting
October 18, 2010
Page 3 of 8
been resolved. He believes the Village needs to be more sensitive to the neighbors' concerns. Mr.
Shapiro would not want any child to get hurt. The home seems to be a danger.
Mayor Rosenthal stated the Village would hold a Committee of the Whole meeting to review their
authority to enter homes and inspect them to determine whether or not they are safety hazards. There
will be follow up from the Village staff concerning 679 Castlewood. The Board understands the
residents' concerns. The Village took action at the last meeting on another home, and the Board is
taking this very seriously. The Board will do their best to get this situation under control.
Brook Fogt spoke in favor of the library referendum. She spoke about the free services that are
available to residents from the library. The upgrade and renovation of the library has community -
wide appeal. In times of economic stress, it assists those trying to find jobs and provides a place to
meet. She urged residents to make an investment in the community by supporting the library
referendum on November 2 °d
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
REQUEST FOR A SPECIAL USE TO
PERMIT THE ESTABLISHMENT OF
A RESTAURANT AT 483 LAKE COOK
ROAD FOR RISTORANTE ABRUZZO
IN DEERFIELD PARK PLAZA
REPORTS
Mr. Street stated the Plan Commission held a Public
Hearing on September 30`h to consider a request for a
Special Use to permit the establishment of a restaurant
at 483 Lake Cook Road for Restorante Abruzzo in the
property formerly occupied by Nick's Fishmarket. The
Plan Commission voted 6 -0 in favor of granting a
waiver of the Deer Park Plaza sign criteria to allow a
larger sign on the west wall. The Appearance Review
Commission recommended approval of the signage as well.
Trustee Jester made a motion to accept the report and recommendation of the Plan Commission.
Trustee Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Trustee Oppenheim asked how the change over would occur. Alberto Oliveri from Ristorante
Abruzzo stated they would like to open on November 2 "d. If it is delayed, however, they still plan to
close the existing location one day and open in the new location the next day.
REPORT AND RECOMMENDATION Mr. Street stated that recent occurrences at Burr Oaks
OF THE CEMETERY COMMISSION Cemetery have caused additional regulations to be
REGARDING ACCEPTANCE OF DEED required for the Village's cemetery. The Cemetery
FOR DEERFIELD CEMETERY Commission met on September 21 S` and reported that the
Village needs to file a deed accepting ownership of the
cemetery property.
Trustee Farkas made a motion to accept the Report and Recommendation of the Cemetery
Commission. Trustee Benton seconded the motion. The motion passed by the following vote:
Board of Trustees Meeting
October 18, 2010
Page 4 of 8
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION This summer, the Village Center Development
RE SITE IMPROVEMENTS TO Commission discussed the condition of the Willman
WILLMAN PLACE (BOUNDED BY Place property, which is bounded by Waukegan,
WAUKEGAN, HAZEL AND JOURNAL) Hazel and Journal. The VCDC believes the area needs
to be upgraded. The Village received an anonymous
donation of a bench for the area. The Appearance Review Commission reviewed the proposed
design at their October 7, 2010 workshop meeting as well.
Phil Rosborough, partner with Rosborough Partners, explained the purpose of the design is to
increase visibility into the space and the signage. Some of the old plantings obstruct the view into the
space. He believes the area can be incorporated into a small gathering space and provide a
connection to Jewett Park.
Mr. Rosborough stated that most of the ground covers and perennials could be reused. The design is
focused on the south end of the triangle. The main element of the design is an oval brick sitting zone.
There will be a concrete walkway leading to the seating zone. The entire space is surrounded with
seasonal flowering shrubs and new shade trees. Mr. Rosborough explained that the proposal includes
the Appearance Review Commission's suggestion of orienting the bench to the west, so it does not
look directly onto Waukegan Road.
Mr. Rosborough discussed timing and implementation of the project. The brick area is relatively
small. He believes the trees and shrubs can go in this fall. Perennials and ornamental grasses could
wait until spring. Trustee Struthers asked whether people would use the space, because it is small.
Mr. Rosborough explained that right now everything runs on the south side of the street. This could
create a 14' x 18' memorialized space. Trustee Oppenheim added that the space creates a pathway
from Holy Cross to Jewett Park. There is no sidewalk along that part of the triangle and it is a visual
space.
Trustee Struthers questioned whether this is the correct time to spend money. Trustee Farkas stated
the plan is beautiful, but he does not know if it is necessary to spend this amount of money at this
time. If people are looking for a place to congregate, Jewett Park is right there. Trustee Farkas
believes the landscaping could be improved, but not at a high cost. He would like the Board to
determine a reasonable budget and determine what could be achieved within that budget.
Trustee Struthers would like to see the area upgraded but does not like the $25,000 price tag. Trustee
Oppenheim stated that the Board is considering a conceptual use of the space. She asked if this was
the direction the Board would like to take for the area. Mr. Street noted the expenditure is not
budgeted for this year. Trustee Farkas thinks this is a beautiful plan and suggested a student group or
Cub Scout troop consider it for a fundraising project. He is concerned about the expenditure and
would like the funding to come from another source. Trustee Benton explained that if the Board
approves the concept, it could be done in stages. Mr. Rosborough noted there were two components
to the proposal so it would be easy to break it into two phases.
Board of Trustees Meeting
October 18, 2010
Page 5 of 8
e
Trustee Oppenheim made a motion to accept the report and recommendation regarding site
improvements to Willman Place. Trustee Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Mayor Rosenthal added this could be discussed at budget time and how to stage it in the future.
Trustee Oppenheim noted this fits in with making the Village more pedestrian friendly.
CONSENT AGENDA
ORDINANCE 0 -10 -30 APPROVING A An Ordinance approving a fence height
MODIFICATION OF FENCE HEIGHT modification for the property at 1126 Chestnut.
FOR 1126 CHESTNUT (HSIANG) -2R Second Reading.
ORDINANCE GRANTING A SPECIAL An Ordinance granting a Special Use to permit
USE TO PERMIT LIQUOR SALES IN A liquor sales in a drug store. First Reading.
DRUG STORE (WALGREENS) — 1 R
ORDINANCE INCREASING THE An Ordinance increasing the number of Class B
NUMBER OF CLASS B LIQUOR liquor licenses from 0 — 1. First Reading.
LICENSES FROM 0 —1 (WALGREENS)
Trustee Oppenheim made a motion to accept the
Consent Agenda and adopt the Ordinance. Trustee Farkas seconded the motion. The motion passed
by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
OLD BUSINESS
ORDINANCE 0 -10 -31 APPROVING A An Ordinance approving a combined side yard
COMBINED SIDEYARD VARIATION variation for the property located at 444 Hermitage.
FOR 444 HERMITAGE (MILLER) — 2R Second Reading.
Trustee Struthers made a motion to adopt the Ordinance.
Trustee Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim (4)
NAYS: Seiden, Struthers (2)
NEW BUSINESS
CRM PROPERTIES APPEAL OF Mr. Street explained the Appearance Review
APPEARANCE REVIEW Commission considered a request from Walgreens
Board of Trustees Meeting
October 18, 2010
Page 6 of 8
V
COMMISSION VOTE ON SECOND and CRM Properties to allow vintage Walgreens
FLOOR TOWER WINDOWS FOR photographs on the second floor tower windows.
WALGREENS IN DEERFIELD SQUARE The Appearance Review Commission voted
against allowing vintage photographs on the second
floor tower windows at the Walgreens store located at 789 Waukegan Road in Deerfield Square.
At the last Board of Trustees meeting, Walgreens stated they would agree with either decision.
Chris Siavelis and Chuck Malk with CRM Properties were present. Mr. Siavelis commented that the
request for photos is not considered signage under the Zoning Ordinance or the Window Signage
Ordinance. He believes the suggested backlit glazing gives a vacant appearance to the tower. It is
not consistent with the original design intent of the building. The second floor glazing was supposed
to be clear glazing. He is unsure if the window signage ordinance covers this installation.
Trustee Struthers likes the pictures, noting they are at eye level from Chase Bank and Stony River.
She is in favor or the photographs. Trustee Oppenheim agrees. She believes the ARC's argument
was that the windows would look busy or cluttered; rather, she believes the tower looks monolithic
without the photos. Trustee Oppenheim believes the photographs are stylish and sharp and would be
an enhancement. She does not believe it would be damaging or harmful. Trustee Farkas does not
believe the Board is ruling on aesthetics; rather, whether it is in violation of an Ordinance. He does
not believe the proposed photographs would violate anything. Trustee Farkas believes the appeal was
properly made and does not find a reason to stand in the way of what is acceptable.
Mayor Rosenthal explained the Appearance Review Commission gave its opinion. Trustee
Oppenheim respects the work of the Appearance Review Commission.
Trustee Benton noted that the photographs would have to be maintained. Mr. Siavelis noted that
Walgreens would maintain the photographs.
Trustee Oppenheim made a motion to approve the appeal of the Appearance Review Commission
vote on the second floor tower windows for Walgreens located at 789 Waukegan Road and approve
vintage photos for the 2nd floor tower windows. Trustee Benton seconded the motion.
Tom Dahlberg, Acting Chairman of the Appearance Review Commission, stated that when the
building was designed, the intent was for second floor windows to appear occupied by office space.
All second floor windows in the shopping center are opaque. The opaque would not be a film; rather,
opaque glass. Another issue considered by the Commission was that this could set a precedent for
other second floor establishments to put up pictures in their second floor.
Mayor Rosenthal does not believe this building would set a precedent. Trustee Oppenheim added
this is a unique part of Deerfield Square. Mr. Dahlberg noted that could be an argument for any
building. Mayor Rosenthal stated the Village considers each case separately as it comes. Mr.
Dahlberg noted the issue is not about deteriorating photographs or film, as they will be maintained
either way. Trustee Seiden urged the petitioners not to come back for second floor windows above
Elizabeth Arden.
The motion passed by the following vote:
Board of Trustees Meeting
October 18, 2010
Page 7 of 8
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO CONTRACT
Mr. Street stated that staff is requesting authorization
WITH PETER BAKER AND SON TO
to perform this season's curb and pavement removal
COMPLETE PARKING LOT AND
and replacement work as approved by the Village Board
WOODLAND DRIVE /CRABTREE
for the Village owned parking lot. He has also worked
INTERSECTION RECONFIGURATION
with residents to resolve safety and nuisance issues
resulting from the current Woodland/Crabtree
intersection, sidewalk and driveway configurations. A solution to reduce the problems has been
developed and the Millers, who live at 1441 Woodland Drive, have agreed to provide 1/3 of the
associated costs.
Trustee Seiden made a motion to waive the competitive bidding process and award the contract for
parking lot and Woodland Drive /Crabtree reconfiguration to Peter Baker and Son in an amount not to
exceed $45,000. Trustee Oppenheim seconded the motion. The motion passed by the following
vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO AWARD Ms. Little explained the next step in the Wastewater
CONTRACT FOR WRF Reclamation Facility improvement project is to
CONSTRUCTION RELATED SERVICES authorize the agreement for construction related
AGREEMENT TO STRAND services. She stated that Strand Associates, Inc. has
ASSOCIATES, INC. been involved in the project since 2008. They have
submitted an agreement for construction related services
for the next 36 months. The project manager is present and would continue to provide full time
project representative services. Construction related services will also include drawing review,
response to contractors, and evaluation of contractor's pay requests. Strand's participation will
ensure the project is constructed in accordance with the design plans and IEPA requirements. The
final construction would be completed in 2013. She noted that Strand has worked well with the
Village and has done a thorough job with the design. Ms. Little requested awarding the contract for
construction related services for the Wastewater Reclamation Facility to Strand Associates in an
amount not to exceed $2,800,000 plus up to $50,000 allowance for additional services. She noted
both would be billed on an hourly basis.
Trustee Struthers asked for a definition of construction related services. Vern Witthuhn from Strand
explained that construction related services are divided into several components including
construction observation, general observation services, training plant staff, programming of computer
control systems, etc.
Trustee Seiden made a motion to award the Wastewater Reclamation Facility construction related
services contract to Strand Associates, Inc. in an amount not to exceed $2,800,000. Trustee Jester
seconded the motion.
Board of Trustees Meeting
October 18, 2010
Page 8 of 8
Mayor Rosenthal stated the project bid amount was above the estimate and asked about the
difference. Mr. Witthuhn responded they underestimated the costs for the removal of excavated
material, some underground piping work, and the Hackberry' Road sewer improvements.
Trustee Jester reviewed the agreement and stated the scope is complete and appropriate. It includes
items that would serve the Village well. He is supportive of the agreement.
Trustee.Benton noted the motion did not include the $50,000 for additional services. Trustee Seiden
amended his motion so the amount does not exceed $2,850,000. Trustee Jester seconded the motion
as amended. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
DISCUSSION
FARMER'S MARKET Mayor Rosenthal thanked Joan Reed and the Farmers
Market committee for this year's Farmers Markets.
Trustee Jester added it was a very good year. The weekend after Labor Day the market had its largest
turnout ever.
LEAF PICK UP Mr. Street stated the leaf pick -up program will start
on October 25`". There will be four passes weekly
before the Thanksgiving holiday. Additional information will be provided in D -Tales and on the
Village website.
Trustee Seiden noted many people are putting leaves in the street. He asked if something could be
added to the website stating where leaves should be placed. Mr. Street stated that the leaves should
be placed in the parkway and never in the street. Trustee Benton urged residents to clear inlets close
to their houses.
TRICK OR TREAT
COMMITTEE OF THE WHOLE
ADJOURNMENT
Mr. Street stated that the Village's Trick or Treat
hours are Sunday, October 31, from 3:30 — 7:00 p.m.
Mr. Street reported that the Board will hold a Committee
of the Whole meeting on Monday, November 22.
There being no further business or discussion, the
meeting was adjourned at 9:07 p.
APPROVED:
May
ATTEST:
Vill ge Clerk
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