06/03/20131
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June 3, 2013
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Rosenthal in the Council Chambers of the Village Hall on June 3 at 7:30 p.m.
The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Tom Jester
Robert Nadler
William Seiden
Barbara Struthers
Absent was: 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 Cub scouts from pack 450 led those in attendance in
reciting the Pledge of Allegiance. Pack leader
Lydia St. John thanked the Village. She reported they entered into a partnership with the
American Legion and will have a community service project on June 12, 2013. The scouts will
be collecting old flags for the American Legion to retire.
Trustee Struthers reminded residents that mosquito season has started. She reminded everyone
to mitigate any standing water. She encouraged residents to call the South Lake Mosquito
Abatement District hotline with any questions or concerns.
MINUTES OF PREVIOUS MEETING Trustee Struthers moved approval of the minutes
from the May 20, 2012 Board of Trustees meeting.
Trustee Benton seconded the motion. The motion passed unanimously.
Trustee Benton moved approval of the minutes from the May 13, 2012 Committee of the Whole
meeting. Trustee Struthers seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL
Trustee Seiden moved approval of the bills and
Payroll dated June 3, 2013. Trustee Jester seconded
the motion. The motion passed by the following vote:
PUBLIC COMMENT Brit Weinstein, 1513 Dartmouth Lane, is a second
grade student. He suggested building a pedestrian
underpass at Wilmot and Deerfield Roads to make it safer when residents walk to South Park and
Caruso schools. He noted kids would also be able to walk to the pool if there were an underpass.
Mayor Rosenthal thanked Mr. Weinstein for coming to speak to the Board and stated that the
issue would be discussed during the coming budget season.
Board of Trustees Meeting
June 3, 2013
Page 2 of 8
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
REQUEST FOR AN AMENDMENT TO
THE SPECIAL USE /PLANNED UNIT
DEVELOPMENT AND TO AMEND
ORDINANCE 0 -06 -56 FOR
CONGREGATION B'NAI JEHOSHUA
BETH ELOHIM REGARDING THE
NUMBER OF STUDENTS ALLOWED
AND TO INSTALL A CONNECTION
REPORTS
The Plan Commission held a Public Hearing on
May 9, 2013, to consider the request for an
amendment to the Special Use /Planned Unit
Development and to amend Ordinance 0 -06 -56 for
Congregation B'nai Jehoshua Beth Elohim
regarding the number of students allowed and to
install a connection between the 1141 and 1181
buildings. The Plan Commission voted 5 -1 in favor
of the requests.
BETWEEN THE 1141 AND 1181 Larry Friedman, attorney for BJBE, stated the
BUILDINGS original special use PUD had a discrepancy in the
number of students that would be present during the
week; therefore, they are asking for a clarification. The second portion of the request would add
225 students for Sunday religious school instead of holding classes off -sight at Caruso. Mr.
Friedman stated the third part of their request would remove a door between the two buildings.
Mr. Friedman indicated the school performed a traffic and parking study and found there would
not be a negative impact on parking or traffic. They are also working with the Chicagoland
Jewish High School on accommodations to use their turnaround and parking. Trustee Struthers
questioned the number of parking spaces available on site. Dan Brinkman, traffic engineer with
Gewalt Hamilton Associates, stated they have 272 spaces in the Deerfield Office Park and 179
spaces dedicated for the school. He noted they have an agreement for 40 additional spaces.
Trustee Struthers, who lives near Caruso, said the parking lot is full on Sundays. Mr. Brinkman
noted there are a number of activities at Caruso which lead people to park in the neighborhood.
Most of the time, however, they do not have that overflow parking issue. Trustee Struthers
indicated the congregation does good job directing traffic. Mr. Friedman believes it would be a
vast improvement to consolidate the congregation activities to the congregation site, instead of
Caruso.
Trustee Jester noted the Village will be looking at restricting vehicular traffic from going through
Pine Street. It was not allowed in the past, and he stated he will push for it to be restricted to just
left and right turns when the Lake Cook Road construction project is completed.
Trustee Seiden moved acceptance of the report and recommendation of the Plan Commission.
Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Nadler, Seiden, Struthers (5)
NAYS: None (0)
REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on
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Board of Trustees Meeting
June 3, 2013
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OF THE PLAN COMISSION RE:
April 11, 2013 consider a request to rezone the
REQUEST TO REZONE THE PROPERTY property at 780 Saunders Road from R -1 Single
AT 780 SAUNDERS ROAD FROM R -1
Family Residential to C -2 Outlying Commercial
SINGLE FAMILY RESIDENTIAL
District for an amendment to the Comprehensive
DISTRICT TO C -2 OUTLYING
Plan and a Special Use for a restaurant. The Plan
COMMERCIAL DISTRICT, FOR AN
Commission voted 5 -1 in favor of the request with
AMENDMENT TO THE
the condition of limiting the use to a restaurant or
COMPREHENSIVE PLAN AND A
retail.
SPECIAL USE FOR A RESTAURANT —
HEALTH O WEALTH INC.
REPORT AND RECOMMENDATION
OF THE BOARD OF ZONING APPEALS
RE: REQUEST TO REDUCE THE
MINIMUM FRONT AND SIDE YARD
SETBACKS AND TO REDUCE THE
REQUIRED NUMBER OF PARKING
SPACES FROM 35 TO 33, TO ALLOW
FOR CONSTRUCTION OF A
RESTAURANT — HEALTH O WEALTH
The Board of Zoning Appeals held a Public Hearing
on May 7, 2013 to consider a request to reduce the
minimum front and side yard setbacks to 7 feet
instead of the required 12 feet. The Plan
Commission voted 4 -1 in favor of the request. The
Plan Commission considered the request to reduce
the required number of parking spaces from 35 to
33. The Plan Commission voted 5 -0 in favor of the
request.
The petitioners, Anil and Upasana Abbott, purchased the property in March 2012. They want to
build a restaurant on the property. Mrs. Abbott said the goal of Health O Wealth is to promote
healthy living through balanced nutrition. The restaurant will feature food that is low in
cholesterol, salt and sugar and high in greens, fiber and antioxidants. The food will be freshly
prepared with no preservatives. The restaurant will feature smoothies, herbal teas, soups and
sandwiches. They will also highlight organic, gluten -free, allergen -free and eco- friendly foods
and use a zero -waste concept.
Trustee Seiden inquired about the petitioner's retail experience. Mr. Abbott stated he has more
than 25 years of experience in the retail food business.
Mayor Rosenthal expressed concern about the number of variations. She believes the space may
be too small to accommodate the business. She questioned what would happen to the building if
the business ceased operation. Mr. Coblentz stated the property would be zoned C -2 Outlying
Commercial. Mayor Rosenthal questioned why the Trustees would want to allow all the
variations. Trustee Jester stated the alternative is a single family home, which would be out of
place.
Trustee Struthers noted there does not seem to be parking for carry out. Mr. Abbott stated the
employees of Parkway North would walk to the restaurant. He noted they would have additional
parking at the Mobile station for employees, as he owns that business as well. Mr. Abbott
indicated they would sign an agreement with the bank if additional parking is needed.
Trustees Benton and Nadler believe the restaurant would serve a purpose for the entire
neighborhood. Trustee Nadler added the restaurant would help clean up the site. Trustee
Board of Trustees Meeting
June 3, 2013
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Struthers suggested making the building smaller to add additional parking. Mrs. Abbott stated
they wanted to have a separate, gluten -free kitchen, which would have to be removed if they
made more room for parking.
Mayor Rosenthal questioned the legal implication of having overflow parking at the bank and the
Mobile station. Mr. Coblentz noted the petitioner would have to have binding agreements or the
Special Use could be revoked.
Trustee Benton moved acceptance of the report and recommendation of the Plan Commission
regarding the requests. Trustee Seiden seconded the motion. The motion passed by the
following vote:
AYES: Benton, Jester, Nadler, Seiden, Struthers (5)
NAYS: None (0)
Trustee Seiden moved acceptance of the report and recommendation of the Board of Zoning
Appeals regarding the requests. Trustee Benton seconded the motion. The motion' passed by the
following vote:
AYES: Benton, Jester, Nadler, Seiden, Stru
NAYS: None (0)
REQUEST OF KEVIN AND CLAUDINE
HARIG OF 260 DEERFIELD ROAD FOR
A VARIATION THAT WOULD PERMIT
THE CONSTRUCTION OF A TWO -
STORY ADDITION, EXTENDING 7.0
FEET INTO THE 50' MINIMUM REAR
YARD
thers (5)
The Board of Zoning Appeals held a Public
Hearing to consider the request for a variation that
would permit the construction of a two -story
addition extending 7 feet into the 50 foot minimum
rear yard. Mr. Street indicated the 1968 subdivision
created the existing non - conformity. The Board of
Zoning Appeals voted 5 -0 in favor of the request.
Trustee Jester moved acceptance of the report and recommendation of the Board of Zoning
Appeals regarding the request. Trustee Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Jester, Nadler, Seiden, Struthers (5)
NAYS: None (0)
REQUEST BY 2 WAUKEGAN
ROAD. (SHELL) FOR LIMITED AREA
GROUNDWATER USE RESTRICTION
ORDINANCE
Village by providing indemnities. The Vi
The Illinois Environmental Protection Agency
(IEPA) requires a Village Ordinance for the
property. The Limited Area Groundwater Ordinance
_is in conformance with the requirements of the
IEPA. The supplemental agreement protects the
Ilage's environmental consultants support the
appropriateness of both Ordinances. First Reading.
Board of Trustees Meeting
June 3, 2013
Page 5 of 8
REQUEST BY 635 WAUKEGAN An Ordinance Authorizing a Limited Area
ROAD (SHELL) FOR LIMITED AREA Groundwater Use Restriction for 635 Waukegan
GROUNDWATER USE RESTRICTION Road. The Ordinance is in conformance with
ORDINANCE the requirements of the IEPA and is supported by
the Village's environmental consultant. First
Reading.
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE 0 -13 -19 AUTHORIZING An Ordinance authorizing agreements with
AGREEMENTS WITH DEERFIELD Deerfield School District 109 for the regulation of
SCHOOL DISTRICT 109 FOR THE motor vehicle traffic and parking on school
REGULATION OF MOTOR VEHICLE property. Second Reading.
TRAFFIC AND PARKING ON SCHOOL
PROPERTY — 2R Trustee Struthers noted this would allow the Police
Department to regulate traffic on school property.
Chief Sliozis noted the enforcement would be 24 hours a day, 7 days a week. He noted they
would install signage over the summer and start enforcement at the beginning of the new school
year.
Trustee Benton moved approval of the Ordinance. Trustee Struthers seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Nadler, Seiden, Struthers (5)
NAYS: None (0)
ORDINANCE AUTHORIZING A
An Ordinance authorizing a Text Amendment to the
TEXT AMENDMENT TO THE
temporary business sign regulations in the
TEMPORARY BUSINESS SIGN
commercial zoning districts to limit the maximum
REGULATIONS IN THE
size of a temporary ground sign. First Reading.
COMMERCIAL ZONING DISTRICTS
TO LIMIT THE MAXIMUM SIZE OF A
TEMPORARY GROUND SIGN — 1 R
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Board of Trustees Meeting
June 3, 2013
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e
NEW BUSINESS
INTERGOVERNMENTAL AGREEMENT Library employees are required to park off site
WITH DEERFIELD LIBRARY AND when they move into the new facility. This
DEERFIELD PARK DISTRICT RE: agreement memorializes the use, construction,
JEWETT PARK WALKWAY maintenance and ongoing energy costs. The Village
will contribute $85,000. The library and park
district will also make contributions.
Trustee Seiden moved approval of the Intergovernmental Agreement. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Nadler, Seiden, Struthers (5)
NAYS: None (0)
APPROVAL OF WASTEWATER Director of Public Works and Engineering Barbara
RECLAMATION FACILITY (WRF) Little stated the Village is looking at $25,000
IMPROVEMENT PROJECT CHANGE in additional costs and $43,000 in credits for the
ORDER NO. 20 Wastewater Reclamation Facility Improvement
Project. This results in a credit of $17,983.
Trustee Struthers moved approval of WRF change order number 20. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Jester, Nadler, Seiden, Struthers (5)
NAYS: None (0)
DISCUSSION
MEDICAL MARIJUANA LAW Mayor Rosenthal noted the medical marijuana law
is awaiting Governor Quinn's signature. The
proposed law allows one dispensary per state senate district. She recommended the Plan
Commission to study the law and prepare a recommendation.
2012 COMED REPORT Mayor Rosenthal, Mr. Street and Assistant to the
Village Manager Andrew Lichterman met with
representatives from ComEd to go over the 2012 report. The Village is much improved from
2011. Mayor Rosenthal indicated the work required as a result of the lawsuit has been
completed. Mayor Rosenthal suggested residents get the ComEd application on their smart
phones to stay informed in the event of a power outage.
CONCEALED CARRY LAW Mayor Rosenthal reported the Illinois House and
Senate passed the concealed carry law. It has not
yet been signed by Governor Quinn. As a home rule community, Deerfield has the option to ban
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Board of Trustees Meeting
June 3, 2013
Page 7 of 8
assault weapons in the Village, however no such ordinance could be approved after 10 days of
the Governor signing the bill. This gives the Village a short window of-time to take action, if
they wish to do so. Mayor Rosenthal asked that this item be added to the June 17, 2013, Board of
Trustees agenda. The Village currently has an Ordinance on handgun control. Trustee Seiden
asked what would happen in the Governor signed the bill tomorrow. Mr. Coblentz noted the
Board could hold a special meeting. Trustee Jester noted the Village currently has regulations in
place. He questioned whether the new law would supersede the Village's ordinance. Mr.
Coblentz stated the bill includes a preemption of Home Rule authority on assault weapons.
Chief Sliozis added that the Village's current ordinance does not have a specific ban on assault
weapons. He noted the proposed bill is quite lengthy and staff and the Village Attorney will be
researching the details.
FLAG RETIREMENT CEREMONY Mayor Rosenthal informed residents that the
American Legion's flag retirement ceremony would
take place at 6:30 pm on June 12, 2013, at the Jewett Park Pavilion.
FINE ARTS FESTIVAL Mayor Rosenthal thanked the Fine Arts Committee
and the DBR Chamber of Commerce for putting on
the Fine Arts Festival this weekend. The artists were great and the restaurants were very happy.
She also thanked the police department and public works staff for all their assistance with the
event.
UNITED HOLOCAUST MUSEUM
10 a.m. — 5 p.m. at the Sheraton in Chicago.
The traveling exhibit of the United Holocaust
Museum will hold an event on June 9, 2013, from
CONGRATULATIONS Trustee Nadler congratulated the Deerfield High
School boys' volleyball team for winning
sectionals. The Lacrosse team got to the semi - finals, as well.
ADJOURNMENT There being no further business or discussion,
Trustee Benton made a motion to adjourn the
meeting. Trustee Jester seconded the motion. The motion passed unanimously. The meeting was
adjourned at 8:40 pm.
APPRO ED:
Mayor
Board of Trustees Meeting
June 3, 2013
Page 8 of 8
ATTEST:
V llage Clerk
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