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
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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.
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Board of Trustees Meeting
February 4, 2013
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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
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Board of Trustees Meeting
February 4, 2013
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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
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Board of Trustees Meeting
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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
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