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10-16-2017October 16, 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 October 16, 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 Matthew Rose. PLEDGE OF ALLEGIANCE Representatives from Baha'i and the Rotary Club lead those in attendance in reciting the Pledge of Allegiance. PROCLAMATION Mayor Rosenthal proclaimed October 22, 2017, as Bicentenary of the Birth of Baha'u'llah Day in the Village of Deerfield. She urged Deerfield residents to promote those qualities and attributes that bring the recognition of the oneness in the world. Trustee Oppenheim moved to accept the Proclamation. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. Tim Dumyahn from the Deerfield Baha'i invited residents to view a film on the life of Baha'u'llah at the Patty Turner Center on Saturday. He read a letter written by former President Jimmy Carter. PROCLAMATION Trustee Struthers proclaimed October 24, 2017, as World Polio Day 2017 in the Village of Deerfield. She reported the Rotary Club spearheaded the initiative to immunize all children against polio. Trustee Oppenheim moved to accept the Proclamation. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Peter Fitzgerald, on behalf of the Deerfield Rotary Club, thanked Mayor Rosenthal and the Trustees for the Proclamation about World Polio Day. Rotary International has contributed more than $1.7 billion to immunize children. Board of Trustees Meeting October 16, 2017 Page 2 of 9 There is a Junior Rotary Club at Deerfield High School with 50 students. They are working to raise money for the Shelter Box that goes all over the world when there is a disaster. People can people can use the box and its contents to survive up to eight months. MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from the September 5, 2017, Board of Trustees meeting. Trustee Shapiro seconded the motion. The motion passed unanimously on a voice vote. Trustee Oppenheim moved to approve the minutes from the September 26, 2017, Committee of the Whole. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. Trustee Struthers moved to approve the minutes from the July 31, 2017, Committee of the Whole. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and Payroll dated October 2, 2017. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6) NAYS: None (0) PUBLIC COMMENT Tim Dumyahn, 830 Woodward Avenue, spoke about leaf pick up. He noted Thanksgiving is early this year. He noted that the leaves have not dropped as quickly as in the past and suggested adding an additional pickup. Mr. Street indicated residents are already putting out their leaves and the situation will be monitored. STORM REPORT Deputy Director of Public Works and Engineering Bob Phillips reported there were 7.5 inches of rain in July. The storm water went above the base elevation. This weekend there were 4.5 inches of rain. Approximately 50 locations were plugged due to twigs and leaves. The Village installed a digital rainfall gauge, which provides real-time rainfall data. This information can be transferred to Lake County. Lake County determined the October 14, 2017, event registered as a 25 year storm event. During the storm event, the department called 6 — 9 people staff members to handle the issues. The police department received more than 100 calls. The Village continues their cleanup efforts and it will take approximately 3 — 4 weeks to follow up on all flood related calls. Mr. Phillips reported the Wastewater Reclamation Facility has a minimum of 1 — 2 people on call to manage storm overflow stations. He noted Public Works often relies on outside contractors to help in cleanup efforts. Board of Trustees Meeting October 16, 2017 Page 3 of 9 The Village is often looking for ways to improve drainage. They are currently working on drainage studies on Woodvale Avenue, Warrington Road and Essex Dive and the Clavinia subdivision. Mr. Phillips indicated they are preparing for two studies in 2018. Mr. Phillips outlined common solutions residential flooding including adding extensions to downspouts and sump pumps, calling the Engineering Department to discuss improper grading, replacing missing of broken window well covers and keeping drainage inlets clear of debris. Mayor Rosenthal suggested reminding residents to clear out blocked inlets in the street so the water can drain properly. She suggested sending out a mailer or check list for flood safety. REPORTS REPORT AN RECOMMENATION OF The Board of Zoning Appeals held a Public Hearing THE BOARD OF ZONING APPEALS on September 26, 2017, to consider the request for a RE: A REQUEST FO A STREET SIDE, detached accessory structure to encroach on the side SIDE YARD VARIATION FOR yard setback. The Board of Zoning Appeals voted IARLAITH SMYTH OF 910 BIRCH 6-0 in favor of sending a favorable recommendation COURT, FOR RELIEF FROM to the Mayor and Board of Trustees to allow ARTICLE 2.03-D,1 OF THE DEERFILED construction to encroach 6 feet in the minimum 15 ZONING ORDINANCE foot corner. Trustee Jester moved to accept the Report and Recommendation of the Board of Zoning Appeals. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: September 14, 2017, to consider the proposed REQUEST FOR APPROVAL OF AN changes to a commercial Planned Unit AMENDMENT TO A COMMERCIAL Development, including a reduced building area PLANNED UNIT DEVELOPMENT TO and revisions to the sign criteria. The Plan THE PREVIOUSLY APPROVED Commission voted 4-0 in favor of sending a REDEVELOPMENT PLANS FOR A NEW favorable recommendation to the Mayor and MULTI -TENANT BUILDING AT 711 Board of Trustees. DEERFIELD ROAD IN THE SHOPS AT DEERFIELD SQUARE (CRM After reviewing the recommendation, the Village PROPERTIES GROUP, LTD. Manager's Office recommended deferring the rooftop signage until the entire sign package is brought to the Appearance Review Commission. Chris Siavelis with Deerfield Square Shopping Center reported their potential new tenant, Bartaco, has made changes to the building. This is an exciting concept for the downtown. While Board of Trustees Meeting October 16, 2017 Page 4 of 9 the building complies with most of the Appearance Code provisions, they did not approve the articulation of Bartaco, the painted brick and the clearance for the entrance door. Mr. Siavelis indicated they could find white brick, but it is not easy to match the mortar. Trustee Struthers looked at the door swing and suggested adding a sliding door rather than a swing door. Mr. Siavelis noted the vestibule creates articulation on the building. In order to maintain the 5 foot turning radius within the vestibule, they would need to change the entire vestibule. Trustee Struthers suggested looking into it and indicated the proposed door swing out would not be easy to maneuver for those in wheelchairs or using a stroller. Mr. Siavelis suggested adding a curb depression. Trustee Oppenheim believes the door could slide to the east rather than swing outward. Mr. Siavelis will look into a sliding door. Trustee Benton suggested adding a post with an open button but Mr. Siavelis indicated that would add another interference when the door is closed. Trustee Oppenheim believes the petitioner's architect needs to look at this further. Trustee Oppenheim and Trustee Struthers did not have any issues with the painted brick or the chimney height. They believe the sidewalk/door issue needs further resolution. Trustee Struthers moved to accept the Report and Recommendation of the Plan Commission without the signage portion. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6) NAYS: None (0) APPEAL OF THE APPEARANCE The Appearance Review Commission held a REVIEW COMMISSION'S DECISION Workshop Meeting on September 25, 2017 to TO DENY REVISIONS TO THE consider the request for changes to the previously BUILDING AND SITE FOR A NEW approved revisions to the building and site for a MULTI -TENANT BUILDING AT 711 new multi -tenant building located at 711 Deerfield DEERFIELD ROAD IN THE SHOPS AT Road in the Shops at Deerfield Square. The DEERFIELD SQUARE (CRM Appearance Review Commission voted 4-0 not to PROPERTIES GROUP, LTD. send a favorable recommendation due to the lack of building articulation, painting of the brick and the door swing. CRM Properties, ownership of Deerfield Square, would like to appeal to the Board the Appearance Review Commission's recommendation. Once again, discussion on the proposed signage will be deferred until the entire sign package is brought to the Appearance Review Commission for review. Lisa Dunn, Chairperson, Sherri Flores and Jason Golub from the Appearance Review Commission were present. Ch. Dunn indicated she is familiar with Deerfield and has watched the Village change throughout the years. She noted the developer is asking the Mayor and Board to make changes to the Appearance Code that was updated over the past year. Ch. Dunn questioned how the proposal fits into the Village. She noted the Appearance Review Commission is charged with upholding the Appearance Code, which states painting of masonry is strongly discouraged. Ch. Dunn indicated the original, approved building design did not include painted brick. She noted the Appearance Code also suggests the design must be Board of Trustees Meeting October 16, 2017 Page 5 of 9 compatible with and fit into the community. Ch. Dunn indicated the narrow sidewalk in front of the entrance is not a fixed interference, as written by the petition on the application. The door swing is a temporary interference. Each time someone exits the building, people outside the building will be pushed into the parking lot. The Appearance Code requires a 5 foot clearance, but this petition provides for less than 3 feet of clearance. Ch. Dunn questioned why the Commission would approve something they knew would not work in the Village. The ARC considered other items, such as pedestrian access to the building, which has been completely cut off when walking from Deerfield Road. One of the Village's missions is to provide a safe, walkable business district. This is the center of Deerfield and the first impression people get when entering the community. Ms. Dunn noted trends come and go but classic design is everlasting. Jason Golub, of the ARC and a licensed architect, stated the proposal includes a 27 -foot white box with dark tinted glass that contributes to an uninviting facade. The petitioner states the vast majority of the building conforms to the Code. He noted that Bartaco has other locations with more architecturally interesting buildings that comply with their branding. He noted that other locations have faux windows to provide architectural detail. Mr. Golub feels Deerfield is getting the short end of the stick. The ARC is asking the petitioner to follow our Code, which is no different than the branding in their 15 existing locations. Regarding door clearance door, Mr. Golub noted it would push pedestrians into the parking lot. Mr. Siavelis stated he respects the ARC and has worked with them for many years. With respect to the suggested design, he believes beauty is in the eye of the beholder. He noted that when he appeared before the Appearance Review Commission, there were only four members present out of seven. Mark Blair, architect with Bartaco in Connecticut, is excited to come to Deerfield. He is also excited for their brand to present a new, fresh face. Mr. Blair believes the painted white brick shell will be warm, inviting and energetic. He thinks a painted brick brings a fresh breath to the Shops of Deerfield Square. Mr. Blair will look at the door, as they do not want people to get hurt. Mayor Rosenthal expressed concern about the black windows facing Deerfield Road. The building is exciting and inviting but it bothers her that there is no life when looking from Deerfield Road. Mayor Rosenthal understands that area is the kitchen. Mr. Siavelis will look at the glass color, but indicated they need spandrel in the openings due to it being the back of the house. Mayor Rosenthal does not believe the black ties into the facade, but questioned whether white would provide enough contrast. Trustee Seiden thinks the Appearance Review Commission went out of their way to show the brand elements in the other Bartaco locations. He would like to support the Appearance Review Commission unless they are proven wrong. Mr. Siavelis indicated their tenant is adamant about the proposed design. If the tenant does not get their design elements and branding, they can terminate the lease. Trustee Oppenheim believes the varying architecture is harmonious with Board of Trustees Meeting October 16, 2017 Page 6 of 9 Deerfield Square. She believes the sidewalk is a safety issue, but finds the building appealing and inviting. Mr. Street noted the petitioner has already resolved the tree issue and will look into a solution for the door. Trustee Shapiro moved to table the sidewalk issue until the First Reading of 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) Trustee Oppenheim moved to accept the Report and Recommendation of the Appearance Review Commission. Trustee Benton seconded the motion. The motion did not pass by the following vote: AYES: None (0) NAYS: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) AUTHORIZATION TO EXECUTE A Mr. Street reported Deerfield Square requested HOLD HARMLESS AGREEMENT AND the ability to start construction prior to final PERMIT EARLY START FOUNDATION approval. The Village is requesting authorization WORK (INCLUDING UNDERGROUND to execute a Hold Harmless Agreement to permit UTILITIES) AT 711 DEERFIELD ROAD early start on the foundation work including underground utilities at 711 Deerfield Road. Trustee Oppenheim moved to authorize the execution of a Hold Harmless Agreement. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) REQUEST FOR A FINDING OF The Plan Commission held a Workshop Meeting on SUBSTANTIAL CONFORMANCE FOR September 14, 2017, to consider the request to add NEW FENCING AT 448 LAKE COOK fencing due to an ongoing issue with contractors ROAD (DR. IVAN WOLFSON) and others dumping material on the site. The Plan Commission voted 4-0 in favor of the request. Trustee Struthers moved to approve the request. Trustee Benton seconded the motion. Mike Dixon, Deerfield business owner for 25 years, has the same issue. He believes a fence would be a great deterrent. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6) NAYS: None (0) Board of Trustees Meeting October 16, 2017 Page 7 of 9 CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE APPROVING A FINAL An Ordinance approving a final development DEVELOPMENT PLAN FOR AN plan for an independent living facility located at INDEPENDENT LIVING FACILITY 1627 Lake Cook Road for the Jewish United LOCATED AT 1627 LAKE COOK ROAD Fund / Jewish Federation of Metropolitan Chicago, (JEWISH UNITED FUND/JEWISH JFMC Facilities Corporation and Banner FEDERATION OF METOPOLITAN Development, LLC. First Reading. CHICAGO, JFMC FACILITIES CORPORATION AND BANNER Mayor Rosenthal indicated this has been tabled DEVELOPMENT. LLC) — 1 R several times at the request of the petitioner. Since the Board's acceptance of the Plan Commission report and recommendation, the Village has considered a 25 percent reduction in the building permit fee. Trustee Struthers questioned what would happen if the CJE decides to no longer manage the facility. Mr. Street reported CJE has a 10 year minimum commitment to operate the facility. This will stand as a First Reading of the Ordinance. ORDINANCE AUTHORIZING THE An Ordinance authorizing the establishment of The ESTABLISHMENT OF THE DUMP Dump Luxe Furniture store at the south end of LUXE FURNITURE STORE AT THE Deerbrook Shopping Center, in the former Great SOUTH END OF DEERBROOK Indoors and Wonder! Space located at 250 South SHOPPING CENTER, IN THE FORMER Waukegan Road. (Haynes Furniture and Sears GREAT INDOORS AND WONDER Roebuck & Co.) First Reading. SPACE AT 250 S. WAUKEGAN ROAD (HAYNES FURNITURE AND SEARS This will stand as the First Reading of the ROEBUCK & CO.) — 1R Ordinance. ORDINANCE 0-17-22 AUTHORIZING An Ordinance authorizing a Special Use for a A SPECIAL USE FOR A BEAUTY beauty salon and spa for a Jon `Ric Spa located at SALON AND SPA FOR A JON `RIC SPA 654 Deerfield Road in the former RET Kitchen and AT 654 DEERFIELD ROAD IN THE Bath Store. (Jon `Ric International and Jonathan FORMER RHT KITCHEN AND BATH Berger / Bensenville Associates, LLC. Second STORE (JON `RIC INTERNATIONAL Reading. AND JONATHAN BERGER / BENSENVILLE ASSOCIATES. LLC — 2R Trustee Benton indicated the Trustees previously discussed their concerns. Board of Trustees Meeting October 16, 2017 Page 8 of 9 Trustee Shapiro moved for Second Reading and adoption of the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO PURCHASE Chief Sliozis noted the Police Department is ELECTRONIC CONTROL WEAPONS seeking approval to purchase 12 electronic control (TASERS) weapons (TASERS). He indicated the department T routinely reviews their options for peaceful resolutions. This is a budgeted item, including the units and training. Chief Sliozis stated Accent Enterprise Inc. is the sole source of the units and requested waiver of the competitive bidding process. Trustee Struthers moved to waive the competitive bidding process and authorize the purchase of 12 electronic control weapons (TASERS) in an amount not to exceed $25,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro Struthers (6) NAYS: None (0) DISCUSSION RAIN BARREL WATER PROJECT Mayor Rosenthal, Mr. Lichterman and the Communication Specialist Kylie Cerk went to Deerfield High School to view their rainwater harvesting program. Deerfield High School is the first school with this type of rainwater collection system. The water will be used to irrigate the school's grass and, eventually purified for use in flushing toilets. Mayor Rosenthal noted this is a very impressive student -lead conservation effort. RIBBON CUTTING Shop. GIVE WHERE YOU LIVE LEAF PICK UP Trustee Oppenheim and other Village officials attended a ribbon cutting forErik's Bike and Ski The Village will be holding a Give Where You Live event on Veteran's Day at the Village Hall. Mr. Street reported leaf pick up starts on October 23, 2017. TRICK OR TREAT Halloween trick -or -treat takes place on October Board of Trustees Meeting October 16, 2017 Page 9 of 9 31, from 3:30 to 7 p.m. COMMITTEE OF THE WHOLE Mr. Street reported there will be a Committee of the Whole meeting next Monday starting at 3 p.m. to discuss the 2018 budget. ADJOURNMENT There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. Trustee Benton seconded the motion. The meeting was adjourned at 9:14 p.m. The next regular Board of Trustees meeting will take place on Monday, November 6, 2017, at 7:30 p.m. APPROVED: Mayor ATTEST: ti Village Clerk