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02/04/2013February 4, 2013 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order in the Council Chambers of the Village Hall on February 4, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Robert Benton Alan Farkas Thomas Jester Mary Oppenheim William Seiden Barbara Struthers Absent was: Harriet Rosenthal, Mayor and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. APPOINTMENT OF MAYOR PRO TEM In the absence of Mayor Rosenthal, Trustee Seiden made a motion to appoint Trustee Farkas as Mayor Pro Tem. Trustee Benton seconded the motion. The motion passed unanimously. PLEDGE OF ALLEGIANCE Mark Friedman, 1019 Castelwood Lane, with Autism Speaks led those in attendance in reciting the Pledge of Allegiance. PROCLAMATION Mayor Pro Tem Farkas read a Proclamation honoring the organization Autism Speaks and the "Light It Up Blue" campaign. Autism Speaks is the largest organization working toward education and awareness of Autism. Mayor Pro Tem Farkas proclaimed the month of April 2013 Autism Awareness Month in Deerfield. Trustee Struthers made a motion to accept the Proclamation. Trustee Benton seconded the motion. The motion passed unanimously. Mr. Friedman stated the Light It Up Blue event requests businesses, schools and building owners to change the color of their exterior lights to blue or add a blue filter to their lens in support of autism awareness. The goal of Autism Speaks is to find a cure and raise awareness for the cause. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the January 22, 2013 Board of Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the Bills and Payroll dated February 4, 2013. Trustee Struthers seconded the motion. The motion passed by the following vote: Board of Trustees Meeting February 4, 2013 Page 2 of 10 AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT There were no comments on non - agenda items. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: January 10, 2013 to consider the petition for a REQUEST FOR A TEXT AMENDENT text amendment and special use request for a Bright AND SPECIAL USE TO PERMIT Horizons Childcare at office center at 1650 Lake THE ESTABLISHMENT OF BRIGHT Cook Road. The childcare center would be open HORIZONS CHILDCARE CENTER AT from 6:30 am — 6:00 pm and would care for up to 1650 LAKE COOK ROAD OFFICE ,162 children. Mr. Street noted the text amendment BUILDING would be written for this property only. The Plan Commission voted 5 -0 in favor of the petition. The Plan Commission voted 5 -0 in favor of the business ground sign modifications. The Plan Commission voted 3 -2 in favor of the directional sign modifications. The early education tag line on the signs was not recommended for approval. Since the Plan Commission meeting, the Village received additional correspondence from the church and the petitioner. Debbie Brown, Bright Horizons Vice President Regional Development and Regional Manager, Dawn Ellis were present. Ms. Brown provided a brief history of Bright Horizons, stating they have 35 childcare centers in the Chicago area and 740 centers nationwide. The proposed location is a direct result of their desire to expand their relationship with Walgreens. Bright Horizons currently operates a childcare facility in the Walgreens corporate building that has a large wait list. Ms. Brown stated they are made changes to their original proposal. They agree to close the driveway at the location of the proposed playground by providing safety barriers to prevent vehicles from going through the area. The safety barriers would be large limestone bollards located at both sides of the drive aisle. They agree to enhance the landscaping berm to meet the 7' buffer requirements by adding additional landscaping material to screen Wilmot Road. Ms. Brown discussed the proposed signage. She noted their primary sign would be a monument sign located on the Walgreens property. Walgreens has granted permission for this sign. Ms. Brown feels the directional signs are important to avoid confusion, but has agreed to modify both signs per the Plan Commission's request. Ms. Brown stated the parking signs would be installed in the front of the building so families know where they should park. Ms. Brown reported the initial signs had a tag line and logo. The newly proposed signage, without the tag line, is more complementary to the building. She stated they hired KLOA to perform a traffic study. KLOA Tfound the new center would generate a low volume of traffic. Board of Trustees Meeting February 4, 2013 Page 3 of 10 There is adequate access off Wilmot Road and drop off and pick up would be restricted to the north side of the building. The parking aisle on the east side of the building will be eliminated. Ms. Brown summarized that KLOA concluded there would be adequate parking. Ms. Brown noted there is a shortage of infant/toddler care in the area. She noted their project timeline is critical and they would like to open in the fall. Trustee Struthers questioned how much of the population would come from Walgreens. Ms. Brown reported Walgreens currently has a 100 family wait list. She noted Walgreens families would have first priority followed by children from other businesses in the building. Any open spaces would be open to families in the community. Trustee Jester questioned why Ms. Brown expects to have 40 children from Walgreens families if they have a wait list of 100. Ms. Brown reported that parents may not want to relocate their children that are already in a childcare where they have formed relationships and a number of children on the wait list are not yet born. Lisa Kambich, Director of Deerfield Montessori at 1500 Wilmot Road, is very pleased to be part of this community. She noted Deerfield has wonderful choices and opportunities for all, but sees the proposal as two, separate issues. First is the special use that allows corporate citizens to be served. Ms. Kambich does not have an objection to the special use. Second is a text amendment that requests that the facility be open to the public. Ms. Kambich asked the Board to reject the text amendment on several counts. She noted the standard for a text amendment was not addressed; specifically, it is not in the interest of the public. Ms. Kambich noted that in Ms. Brown's presentation, she referred to a supply and demand chart. Deerfield was neither studied nor presented on the chart. Ms. Kambich noted she spoke with childcare facilities in the community and they report excess availability. Ms. Brown's supply and demand chart, however, states otherwise. Based on Ms. Kambich's direct research, there is availability in all of the Deerfield preschools listed. If the Board is relying on this information to make a decision and an exception, they would be relying on incomplete and incorrect information that is not an accurate representation of the demand for childcare in Deerfield. Ms. Kambich stated there is a great deal of choice and childcare availability in Deerfield. The text amendment does not need to be granted, as it is not in the best interest of the public. Other childcare facilities adapt to changing markets and can add infant/toddler rooms as needed. The end result, if the text amendment is granted, it could hurt the existing childcare facilities in the Village. Ms. Kambich noted there already is a Bright Horizons facility in the Village. She believes a win -win solution would be to approve the special use, but do not approve the text amendment as it could be detrimental to the other childcare providers in town. Janice DiVincenzo, principal at Holy Cross, concurs with Ms. Kambich. The trend at Holy Cross is a decline in enrollment. In the past four years, they have seen a more significant decline due to economy and change in demographics and birthrates. Holy Cross also has availability and could provide more programming if demand was there. Board of Trustees Meeting February 4, 2013 Page 4 of 10 Trustee Oppenheim noted Holy Cross only has programming for 4 -year olds. Trustee Jester noted the text amendment is required because of the PUD and if Bright Horizons wanted to open a facility elsewhere in the Village, the text amendment discussion would not be taking place. Kathy Kaczkowski, Director of Deerfield Community Nursery School at 801 Rosemary Terrace, stated she also has availability. Ms. Kaczkowski is against the text amendment allowing the facility to be open to the public. She noted Deerfield Community Nursery School has classes for all ages and their enrollment has declined. She feels that Bright Horizons should open a center, but the center should not be open to the public. Ms. Kaczkowski noted her nursery school was not listed in Ms. Brown's report, and they will be celebrating 50 years. She stated that their programs are for children from 18 months to 4 years. Their 18 month old program is a 1 -hour class. Trustee Seiden asked Ms. Kaczkowski if she would object if Bright Horizons opened across the street from her facility and if she is using the text amendment as a reason to object to the facility. Ms. Kaczkowski noted she does not believe the proposed facility is in the best public interest because there is availability in the other schools. Trustee Oppenheim noted that Deerfield Community Nursery School does not offer programs for infants and some programs are only a few hours long. She noted that Bright Horizons would serve all ages and fills a different need. Judy Rundell, Director of Christian Beginnings Pre School at 824 Waukegan Road, stated her facility offers full -day childcare from 7:00 am — 6:00 pm starting at the age of two. She noted there are three women within five miles of her facility that offer in -home childcare for younger children. All three women have openings as well. Ms. Rundell is concerned that if a text amendment passes, smaller schools in Deerfield could be forced to close. She had a 30% decline in enrollment from last year. They had to do a reduction in force last year and further decline in enrollment could cause the school to close. Ms. Rundell added that the information provided in Ms. Brown's report is inaccurate. Doug Kambich, 1130 Central, reported there are childcare centers in Deerfield that offer infant care and have availability. Tax money goes to the park district and the public schools. The park district says that the birth trend is declining causing facilities to be under - utilized. Mr. Kambich noted the proposed location would be the fourth Bright Horizons location in the Village. He does not object to them having an agreement with Walgreens, but thinks it would put some of the existing schools at risk. Mr. Kambich believes passing the text amendment would be a disservice to residents. Village Attorney Coblentz clarified that in the I -1 District, childcare facilities are permitted as a special use when serving the employees of the PUD. He noted the text amendment would broaden the special use to include members of the general public, not just employees of the PUD. The public interest test is at the discretion of the legislative authorities. The issue most objectors have addressed is related to the need for the facility based on competition. Protecting local businesses from competition is not a factor to consider. 1 Board of Trustees Meeting February 4, 2013 Page 5 of 10 Trustee Benton noted that there are office buildings and a hotel that could also utilize the facility. Trustee Struthers reported that employees of other businesses could take advantage of the full day care as well, if it were open to the public. Mayor Pro Tern Farkas believes there is a reason to have this special use in the PUD. He questioned whether there is a reason to treat this business differently than if it were situated elsewhere. Trustee Oppenheim believes the greatest demand will be from businesses. She does not feel it would hurt the other schools in Deerfield and opening the facility to the public would allow for more choices and benefit the public. Trustee Oppenheim made a motion to accept the report and recommendation of the Plan Commission. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA RESOLUTION R -13 -02 APPROVING AN A Resolution approving an agreement with Cook AGREEMENT WITH COOK COUNTY County for access to Geographical Information FOR ACCESS TO GEOGRAPHICAL Systems (GIS) Data. INFORMATION SYSTEMS DATA Trustee Benton made a motion to approve the Resolution. Trustee Struthers 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 -13 -06 APPROVING A TEXT AMENDMENT AND SPECIAL USE FOR THE JOY OF THE GAME FACILITY AT 158 S. WAUKEGAN ROAD IN DEERBROOK SHOPPING CENTER TO ALLOW ADDITIONAL PROGRAMS AND SERVICES — 2R An Ordinance approving a text amendment and special use for the Joy of the Game facility at 158 S. Waukegan Road in Deerbrook Shopping Center to allow additional programs and services. Second Reading. Trustee Seiden made a motion to approve the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0 -13 -07 AMENDING An Ordinance amending Chapter 3 (alcoholic CHAPTER 3 (ALCOHOLIC beverages) of the Municipal Code of the Village of Board of Trustees Meeting February 4, 2013 Page 6 of 10 BEVERAGES) OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO CREATE THE CLASS Deerfield to create the Class L liquor license classification. Second Reading. L LIQUOR LICENSE CLASSIFICATION Trustee Struthers made a motion to approve the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS ORDINANCE AMENDING THE Assistant to the Village Manager Andrew MUNICIPAL CODE OF THE VILLAGE Lichterman stated that based on Board input and OF DEERFIELD TO LICENSE THE direction, most recently at the November 26, 2012 KEEPING OF FOWL WITHIN THE Committee of the Whole meeting, an Ordinance VILLAGE — 1R was prepared to amend the Municipal Code to allow the keeping of fowl with the purpose of producing eggs. The proposed Ordinance permits five licenses and a maximum of four hens. No roosters or non -egg laying hens are permitted. Mr. Lichterman stated the coop must be of sufficient size and strength to confine the hens and prevent access by predators and trespassers. The coop must provide at least 6 square feet of living space per hen and be located only in the rear yard of the property and set back at least 10 feet from the property line. Coops and hens must be maintained in a clean and sanitary condition so they do not become a nuisance. Hens must be kept in a safe and humane manner and their feed must be kept in rodent -proof containers. All owners must register with the Illinois Department of Agriculture Livestock Premises Registration and retain proof of current registration on -site and available for inspection. Prior to completion of the pilot program, staff will present an assessment of the program over the one -year period. Mayor Pro Tern Farkas asked if there is a plan to issue a permit or certificate for the pilot program. Mr. Street reported there is an application process and license that will be issued. Trustee Benton asked if there were discussions about geographical disbursal. Mr. Street noted staff does not want to get into a position of denying participation due to location within the community. He noted geographical dispersal may be evaluated after the pilot program. Mayor Pro Tern Farkas asked if staff would perform inspections prior to issuing a certificate. Mr. Street reported they would perform building -type inspections and follow -up inspections. Staff will maintain a file of incidents and complaints as part of the assessment to the Board. Trustee Jester asked if the Ordinance provides for neighbor notification. Mr. Street noted notification is required as part of the application process. If the site is a nuisance, staff could revoke the license. Trustee Oppenheim noted the Ordinance was written with protections for 1 1 Board of Trustees Meeting February 4, 2013 Page 7 of 10 owners, hens and the public. If a neighbor has a valid concern, staff will look into it. The wording of the Ordinance protects everyone and she does not believe there will be many issues. Trustee Seiden noted he would not want a chicken coop located next to his property and would not want to put that burden onto others either. Mayor Pro Tern Farkas believes the opposition is largely based on fear and misunderstanding. When there are responsible owners, there will not be a nuisance. He noted pet owners can also be irresponsible. Mayor Pro Tern Farkas thinks people want chicken coops and he would not want to arbitrarily restrict them. Mr. Coblentz reported the Ordinance does not give neighbors the right to raise legal obstacles. The Ordinance provides for informing neighbors, not putting them in a veto position. Barbara Solheim, 654 Warwick, is a strong proponent of the Ordinance. She thanked the Board for their work on the Ordinance and is excited about it. Ms. Solheim had a few questions about the Ordinance. She thought about starting with baby chicks that do not lay eggs for 5 -6 months. After 3 -4 years, the chicks do not lay eggs anymore and she would like to keep the chickens as pets. Mayor Pro Tern Farkas noted the Ordinance defines fowl as any domesticated, egg- laying chicken hen excluding roosters. He believes that chicks that will eventually produce eggs would be considered acceptable in the Ordinance. Ms. Solheim noted the definition also adds that chickens that no longer lay eggs are not acceptable. Trustee Oppenheim noted that the assumption is to keep chickens that lay eggs and when they stop laying eggs, they would be moved out and new egg laying chickens would be brought in. The Ordinance did not consider keeping the animals as pets. Mayor Pro Tern Farkas noted that this is a one -year pilot right now and the Village wants to make this successful. Ms. Solheim is happy to participate in the one -year pilot program, but is concerned about paying out $1,000 for a predator -proof coop. She asked that the pilot program participants be grandfathered in for three or four years. Mayor Pro Tern Farkas noted that if the Ordinance was enacted without a lifespan, it would more likely be defeated. He would like to use this as an opportunity to show those with concerns that it can work well. Trustee Oppenheim stated the Board is aware of the cost and it is a risk. The Board is dealing with residents in good faith and is not looking to deny or eliminate the program capriciously. Trustee Struthers noted that neighbors will not object to a first -class coop. Tom Hanson, 914 Wilmot, thanked the Board for the information. He has a' /2 - ' /a acre wooded lot and his neighbors have similar -sized lot. A coop on his lot would be in the middle of an acre. He plans to purchase a pre- built, professional coop. Mr. Hanson questioned whether the 6 sq. ft. requirement per hen includes the run. Mr. Street noted the living space includes the run. John Sciaretta, 920 Birch Court accompanied Mr. Hawari of 5 Northwoods Drive, and reported he has had a coop for the past 10 years without incident. The coop sufficiently protects the hens from predators. He will apply for the license and comply with the Ordinance. Board of Trustees Meeting February 4, 2013 Page 8 of 10 The First Reading of the Ordinance was held. AUTHORIZATION TO APPROVE Director of Public Works and Engineering, Barbara COMED CUSTOMER WORK Little reported the Village has two ComEd AGREEMENT FOR NEW electrical lines going to the Wastewater ELECTRICAL SERVICE AT THE Reclamation Facility. Both lines are on the same WASTEWATER RECLAMATION circuit; one is coming from the north and the other FACILITY from the west. The lines have been damaged over the years and ComEd recommended replacing the entire line in a different location. ComEd asked the Village to facilitate getting the conduit through the ground. The customer work agreement provided by ComEd requires a payment not to exceed $17.465.22 for the line installation and splicing. Trustee Seiden made a motion to approve the ComEd customer work agreement for new electrical service at the Wastewater Reclamation Facility in an amount not to exceed $17,465.22. Mayor Pro Tern Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) REQUEST FOR DECLARATION FOR On January 11, 2013, Joseph J. Henderson and Son, SUBSTANTIAL COMPLETION FOR Inc. formally requested a substantial completion WASTEWATER RECLAMATION declaration which lays out site security, insurance, FACILITY operations and maintenance. Part of what happens with the declaration is that the contractor can request the retainer be reduced from 5% to 2 %. Strand Associates and staff feel it is a reasonable and request the Board authorize a reduction in the retainer to 2 %. Ms. Little noted staff has worked with the contractor on some ongoing issues with the influent pump. Should the Village not be able to fully determine the cause of the issue, the amount of the proposed retainer would be sufficient to fully replace the pumps. Mayor Pro Tern Farkas asked if there is a warranty. Ms. Little stated the warranty does not kick in until acceptance. Trustee Struthers asked Ms. Little to keep the Board updated on the punch list progress. Trustee Seiden made a motion to grant the declaration for substantial completion for the Wastewater Reclamation Facility. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) DISCUSSION 1 Board of Trustees Meeting February 4, 2013 Page 9 of 10 RESIDENTIAL BURGLARIES Chief Sliozis reported there has been an Increase in burglaries in Deerfield and surrounding communities. Since January 1, 2013, there have been five burglaries in the Village. The five burglaries occurred over two nights. The Police Department issued a public alert to make residents aware of the problem and asked for the community's help in keeping an eye out for suspicious individuals or vehicles. Chief Sliozis noted burglaries generally are a crime where offenders wish to remain unseen. Generally, if someone is home, burglars stay away. They make every effort to ensure a home is empty. Chief Sliozis is confident the offenders will be apprehended. The burglarized homes appear to be completely random. There has been no indication of prior familiarity with the home. The offenders are primarily taking electronics and jewelry. Chief Sliozis asked homeowners to secure their homes and light homes as best as possible. He also asked residents to be good neighbors. LAKE COOK ROAD CONSTRUCTION Trustee Oppenheim stated the meetings between the Village, businesses, residents and the Cook County Highway Department regarding the upcoming Lake Cook Road construction were very informative. She said the Village has committed to having one full -time employee dedicated to monitoring and facilitating this project. The website LakeCookRoad.com will have diagrams on lane closings, ways to register for updates, a business directory and more. Trustee Benton stated there are defined stages to the construction and the website will indicate what stages are in progress. Trustee Struthers ensured appropriate signage would be installed as well. Mr. Street reported the construction time frame is March through October 26, 2013. The construction company has significant incentives to complete the project on time. He urged everyone to continue to patronize businesses affected by the construction. Mr. Street noted the Village would also do community -wide updates. NEXT MEETING In observance of the President's Day holiday, the next Board of Trustees meeting will take place on Tuesday, February 19, 2013. KUDOS Mayor Pro Tern Farkas reported the Village received correspondence from a non - resident complimenting the Village on how well they plow their roads following a snow fall. He thanked the Street Department for the excellent job they have done maintaining the roads. ADJOURNMENT There being no further business or discussion, Trustee Oppenheim made a motion to adjourn the meeting. Trustee Seiden seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:28 pm. Board of Trustees Meeting _ February 4, 2013 Page 10 of 10 APPROVED: ---f Mayor ATTEST: Village Clerk 1 1