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07-05-2017July 5, 2017 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 July 5, 2017, 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 Dan Shapiro Barbara Struthers and that a quorum was present and in attendance. Also present was Village Manager Kent Street and Village Attorney Peter Coblentz. PLEDGE OF ALLEGIANCE Peter Coblentz lead those in attendance in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Trustee Oppenheim moved to approve the minutes from the June 19, 2017, Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. TREASURER'S REPORT Finance Director Eric Burk presented highlights from the May Treasurer's Report. The non Home - Rule sales tax was slightly lower than the same period last year. The food and beverage tax is meeting projections. The hotel tax and building permits were up from the same period last year. The Village did not see any unexpected expenditures, but there were some large payments. BILLS AND PAYROLL Trustee Benton moved to approve the Bills and Payroll dated July 5, 2017. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) KATES BRIDGE Deputy Director of Public Works and Engineering Bob Philips reported the Kates Road Bridge can still be completed by the end of the season if construction begins within a month. If the construction does not begin in July, there will be some delays due to winter construction. Mr. Philips indicated if the construction does go into a second season, the Village would be responsible for the costs. Mr. Street believes opening the bridge sooner would be better for the Village. Mr. Philips noted there is a possibility for the bridge to open before completion, if the structure was in place but the paving work near the bridge is not complete. Board of Trustees Meeting July 5, 2017 Page 2 of 6 Mayor Rosenthal has received a number of questions regarding why the bridge failed. Mr. Philips reported the State controls the specifications for bridge construction. The beams started to move causing cracks allowing water to get in. This reduced the load limit on the bridge. Mr. Philips indicated the new bridge will not be as susceptible to cracking as the existing bridge. Trustee Oppenheim noted when the bridge was initially built, the Village did not anticipate the amount of traffic. Trustee Benton added the posted truck weight limits were not enforced. PUBLIC COMMENT There was no public comment on non -agenda items. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: A June 8, 2017, to consider the request for a Special CLASS A SPECIAL USE FOR A MY Use to allow a dentist office at the Shops at HEALTH DENTISTRY OFFICE Deerfield Square. A Special Use permit is required LOCATED IN THE 720 WAUKEGAN because the proposed use is a service use that ROAD BUILDING, UNIT D (FORMER would be located on the first floor. The Plan ROBERT VANCE SPACE) AT THE Commission voted 4-0 in favor of the request. SHOPS AT DEERFIELD SQUARE (CRM PROPERTIES GROUP LTD., AND Chris Siavelis with CRM Properties reported MY HEALTH DENTISTRY) the proposed dentist office would take approximately 2,400 square feet. Mr. Siavelis provided an article in the Board packet about the need for internet-proof businesses. Mr. Siavelis believes this is a good use and meets a demand in the community Trustee Seiden moved to accept the report and recommendation of the Plan Commission. Trustee Oppenheim seconded the motion. Andrew Marwick, 442 Kelbum, disagrees with the Plan Commission's recommendation. When the shopping center was initially approved, the retail environment was different than today. He recognizes it is a tough retail market, especially with the number of vacant spaces, but does not believe a dental office would bring traffic to the shopping center. He believes the Village should look at the flaws of the center and should not approve any special uses until there is a comprehensive plan on what will happen with potential vacancies at Barnes and Noble and tearing down the former Biaggi's. Mr. Marwick believes this should be a lifestyle center that would include residential. Trustee Benton noted that the dentist office could bring more people to the downtown area. Mr. Siavelis noted if My Health Dentistry is approved, that wing of the center will be 100% leased. Trustee Oppenheim asked about the Barnes and Noble rumors. Mr. Siavelis explained there are no official announcements, but that can change anytime. The motion passed by the following vote: Board of Trustees Meeting July 5, 2017 Page 3 of 6 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE AMENDING CHAPTER 15 An Ordinance amending Chapter 15 of the ("MORALS AND CONDUCT") OF THE Municipal Code of the Village of Deerfield to MUNICIPAL CODE OF THE VILLAGE establish the offense of light nuisance or trespass OF DEERFIELD TO ESTABLISH THE to residential property. First Reading. OFFENSE OF LIGHT NUISANCE OR TRESPASS TO RESIDENTIAL Assistant Village Manager Andrew Lichterman PROPERTY — 1 R reported that the Municipal Code does not address light nuisance. Staff worked with the Village Attorney's office to draft an ordinance to do so. Mr. Lichterman noted that staff can work on revisions if more robust guidelines are desired. Trustee Shapiro would be in favor of a 30 -day grace period before fines are enforced. Code Enforcement Supervisor Clint Case has visited the property and believes the homeowner with the sport court has made efforts to alleviate the issues. Mr. Coblentz noted the Village will not get involved unless a resident complains. Mr. Street believes the Village needs to measure the light to ensure Village standards have been met. Trustee Oppenheim would not want to see this Ordinance abused. She would like staff to demonstrate examples of acceptable foot candles. Trustee Struthers would like enforcement to have a lot of discretion on how to measure. Mr. Case noted he needs a benchmark number. Mr. Lichterman stated the proposed Ordinance provides 90 days amortization for preexisting non -conforming light. If there is a repair, the light would need to conform. This will stand as a First Reading of the Ordinance. NEW BUSINESS AUTHORIZATION TO REVISE Mr. Philips reported that the traffic signal VILLAGE — LCDOT TRAFFIC SIGNAL master agreement with Lake County outlines. MASTER AGREEMENT the responsibilities of each party. Board of Trustees Meeting July 5, 2017 Page 4 of 6 This revision goes along with the jurisdictional transfer of Deerfield Road and spells out the responsibilities of each parry moving forward. Mr. Philips indicated Deerfield Road at Chestnut, Wilmot Road at Hackberry and Kates at Corporate 500 would still be owned and maintained by the Village. Trustee Struthers questioned what would happen if a signal was damaged in an accident. Mr. Philips stated Lake County would be responsible for repairs and noted that they have an efficient system in place. Trustee Shapiro moved to authorize the revision of the master agreement. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE 0-17-17 AUTHORIZING An Ordinance authorizing the first amendment to A FIRST AMENDMENT TO THE the intergovernmental agreement between the INTERGOVERNMENT AGREEMENT Village of Deerfield and Lake County regarding the BETWEEN THE VILLAGE OF jurisdictional transfer of Deerfield Road. DEERFIELD AND LAKE COUNTY RE: DEERFIELD ROAD JURISDICTIONAL Mr. Philips reported the construction is nearing TRANSFER completion. There are a few items to finish, including pavement grinding to make the surface smooth, minor landscaping and a minor punch list items. He estimates ten more days of work remain. Trustee Jester inquired if the revisions allow the State or County to redesign the road from Wilmot Road to the railroad tracks. Mr. Philips explained Village concurrence would be required to widen the road. Mr. Street indicated the key advantage is the underpass is out of play. Trustee Oppenheim moved 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, Shapiro, Struthers (6) NAYS: None (0) Trustee Oppenheim moved to adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) APPROVAL OF EMERGENCY Chief Sliozis reported that the air conditioner PURCHASE FOR POLICE at the police station broke. The maintenance vendor Board of Trustees Meeting July 5, 2017 Page 5 of 6 DEPARTMENT AIR CONDITIONING stated it was not repairable and recommended UNIT replacing the entire unit. Trustee Shapiro moved to authorize the purchase of a new air conditioning unit for the police station in the amount of $24,700. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) DISCUSSION PARADE Trustee Benton reported he spoke with people from Caterpillar during the parade. They are very impressed with the Village. FAMILY DAYS Trustee Jester commended the Family Days Commission, volunteers and staff on the success of Family Days. It was a wonderful program and succeeded in keeping residents in the Village over the holiday. Mayor Rosenthal also thanked everyone. ILLEGAL FIREWORKS Mayor Rosenthal received an email from a resident with a son that served two terms in Afghanistan and has PTSD. The illegal fireworks put the veteran man into distress. It is past July 4th, but next year the Village needs a huge campaign on how illegal fireworks affect some people. TRUSTEE IN THE TOWN Trustee Seiden reported Trustee Struthers and Trustee Oppenheim would be available to answer Questions from residents at the July 15, 2017 Farmer's Market. NORTHWEST MUNICIPAL Mayor Rosenthal thanked Mr. Street and the CONFERENCE Trustees for their support of her as she assumed the top leadership position at the Northwest Municipal Conference. RIBBON CUTTINGS Mayor Rosenthal and Mr. Street attended the ribbon cutting for the new Riverwoods Village Hall. Mayor Rosenthal, several Trustees and staff attended a ribbon cutting at the new McAllister's Deli. The restaurant was very busy and it was very impressive. KYLA GURU Mayor Rosenthal noted Kyla Guru will be at the Patty Turner Center on July 14 to teach residents how to protect their data and keep their credit cards safe. Board of Trustees Meeting July 5, 2017 Page 6 of 6 ADJOURNMENT Trustee Shapiro seconded the motion. There being no further business or discussion, Trustee Benton moved to adjourn the meeting. The meeting was adjourned at 8:58 p.m. The next regular Board of Trustees meeting will take place on Monday, July 17, 2017, at 7:30 p.m. APPROVED: Mayor ATTEST: Village Clerk