08/06/2018August 6, 2018
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 August 6,
2018, at 7:30 p.m. The clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Tom Jester
Mary Oppenheim
William Seiden
Dan Shapiro
Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Manager Kent
Street and Steven Elrod, Village Attorney.
PLEDGE OF ALLEGIANCE Commander Brian Budny led those in attendance
in reciting the Pledge of Allegiance.
PROMOTION OF BRIAN BUDNY Chief Sliozis reported Brian Budny started his
career with the Deerfield Police Department in
1988. He held a number of positions within the department as well as with NIPAS and the field
force unit. Chief Sliozis congratulated Budny on his promotion. Mr. Street swore Deputy Chief
Budny to his new position.
Deputy Chief Budny thanked Chief Sliozis and the Board for their trust and support. He is
looking forward to his new position.
PRESENTATION OF GFOA Mayor Rosenthal presented the Government
CERTIFICATE OF RECOGNITION FOR Finance Officers Association's recognition for
BUDGET PREPARATION budget preparation to Finance Director Eric Burk.
She indicated the Village has received this award
for 29 consecutive years.
APPOINTMENT OF WALGREENS Mr. Street reported Commission appointments have
REPRESENTATIVE TO THE traditionally been filled by residents but Walgreens
SUSTAINABILITY COMMISSION has participated with the Sustainability Commission
since 2013. It has been a mutually beneficial
relationship. Understanding that the corporate positions change over time, it is beneficial to
allow Walgreens flexibility to appoint the right employee to the commission. They are offering
top notch people in sustainability. The Village envisions the same person serving the three-year
term.
Trustee Jester moved to appoint a Walgreens Representative, presently Maria Albuesque, to fill
the Walgreens seat on the Sustainability Commission. Trustee Oppenheim seconded the motion.
The motion passed unanimously on a voice vote.
Board of Trustees Meeting
August 6, 2018
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MINUTES OF PREVIOUS MEETING Trustee Shapiro moved to approve the minutes
from the July 16, 2018, Board of Trustees meeting.
Trustee Benton seconded the motion. The motion passed unanimously on a voice vote.
TREASURER'S REPORT Finance Director Burk presented highlights from the
Treasurer's Report for the month of June,
representing half of the year. Hotel tax is slightly down. There has been some changeover in
one of the hotels. Electric utility tax is in line with projections. Building permit revenue
increased over last year and exceeds projections. Large expenditures in June included
engineering costs for capital projects.
BILLS AND PAYROLL Trustee Struthers moved to approve the Bills
and Payroll dated August 6, 2018. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
PUBLIC COMMENT Maureen Darnaby, 905 Heather Road, noted the
Board will be presented with a petition to build a
development adjacent to her property at a future meeting. The property is currently zoned as R-1
Residential and would need to be rezoned as R-5 Multifamily. She believes the rezoning does not
keep with the spirit of the neighborhood. She believes the Village needs to integrate affordable
and workforce housing throughout the Village rather than just to one development.
Alisa Klein stated she is troubled about the possible rezoning of the church property in Zion
Woods. She believes the proposed development and zoning change would make it so the
adjacent homes lose value.
Christine Jabeneau is the project manager for PADS Lake County. They have a summit for
elected leaders on Wednesday September 12, 2018, at the College of Lake County. She
encouraged the Trustees to attend.
REPORTS
REPORT AND RECOMMENDATION
Trustee Oppenheim moved to remove the report and
FOR ROOF SIGNAGE FOR ALIGNED
recommendation from being tabled. Trustee
MODERN HEALTH, 710 DEERFIELD
Struthers seconded the motion. The motion passed
ROAD INCLDING REPORT OF STAFF
unanimously on a voice vote.
RE: ROOF SIGNS AND THE REPORT
AND FAILURE TO RECOMMEND OF
Mr. Street reported that the Trustees recognized a
THE BOARD OF ZONING APPEALS
lack of clarity on the definition of roof and wall
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August 6, 2018
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(TABLED ON JULY 16 2018) signs at the July 16, 2018, Board of Trustees
meeting. Staff subsequently took an
inventory of gable signs and found that signs on gables are not common in the Village.
Attorney Hal Franke requested the proposed sign be considered as a wall sign. He understands
staff's interpretation that this is a roof sign, but he does not believe it is a roof sign as it is not on
the roof structure. They do not think the wall of the gable is different than the wall of a building.
Mr. Franke understands the initial interpretation falls within the purview of the Code
Enforcement Officer, but he does not believe the proposal is out of character with other signs in
the Village. Mr. Franke believes this is a unique building and there is evidence the business is
difficult to locate with just the awning sign.
Trustee Jester noted the business is difficult to find. He went to the Aligned Modern Health
website for directions. He put the address into his GPS and it was difficult to find the business.
There is significant difficulty in finding the location, but it could be made easier with better
directions on the website. Trustee Jester suggested changing the awning color to make it easier to
read. He does not believe there should be another roof sign in Deerfield as it would interfere
with the building's architecture and the business has other options they can pursue. Trustee
Struthers noted Fleet Feet has their sign in the window. An Aligned Modern Health
representative Andrew Engly stated that Fleet Feet is on the corner, which is easier to see. He
believes it is more difficult to see a sign at his location. Mayor Rosenthal noted the requested
sign has words plus a logo. Trustee Oppenheim likes the proposed sign. She believes the gable
is a wall. Trustee Seiden noted staff has indicated this sign is on a roof. He would like to ask for
a variance so the business could have a sign. Trustee Shapiro asked if they considered the sign
without the apple logo. Mr. Engly stated they asked the Appearance Review Commission for a
wall sign with Aligned Modern Health plus a blade sign with the apple logo.
Trustee Oppenheim noted the words Aligned Modern Health would not be any more visible than
the existing awning sign. Mayor Rosenthal noted the blade sign would be a second sign, which is
not permitted by Village Code. Trustee Shapiro believes the Appearance Review Commission
was okay with the sign without the apple logo or blade sign. Mr. Engly stated their brand identity
is tied into the apple logo. Their preference would be to have the apple with the letters.
Trustee Jester noted the gable is above the gutter, which is the same gutter on the Waukegan side
of the building. He does not believe the gable sign will make a difference to vehicular traffic.
Mr. Franke stated there is a difference between the dormers on Waukegan Road and the Aligned
Modern Health location. Trustee Struthers noted the petitioner stated pedestrians could not find
the business as well. As there is a gutter, a sign in the gable would not be visible for pedestrian
traffic. Mr. Engly believes there could be a way to have the apple in the window. Planning and
Design Specialist Liz Delevitt noted the apple logo would be permitted if it less than 20 percent
of the window.
Trustee Shapiro moved to reverse the Board of Zoning Appeals decision and direct the Village
Attorney to prepare a Resolution that approves the Aligned Modern Health sign that was
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August 6, 2018
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more like a gas station than a restaurant. Mayor Rosenthal thinks the Appearance Review
Commission has been very fair. She understands the efficiency and what they want to do, but is
still concerned about a drive-thru with a non -signalized intersection.
Trustee Oppenheim indicated this canopy is behind the medical building. If it is an amenity the
business feels they need, she does not think it is visually prominent enough to be objectionable.
They have made every effort and she believes they should get their canopy. Trustee Struthers
believes a canopy for the employees comfort and health is a good idea. Trustee Benton noted the
landscaping in the back screens the canopy. Businesses that come to Deerfield are desirable and
we want to make sure they succeed. He thinks the Village needs to bend, as it is important to
have the business in Deerfield. Trustee Shapiro questioned whether this would establish a
precedent. He believes this would set a pattern and precedent for unattached canopies in other
locations. He thinks the drive-thru can be done without this. Trustee Oppenheim believes this is a
judgment of taste. Trustee Seiden inquired whether there are any Chick-Fil-A restaurants without
canopies. Mr. Hill stated the canopies are new for the company and that they are being
constructed on new stores first. Trustee Jester is not bothered by the canopy. He believes a
precedent has been set that Deerfield will do what they need to do to get a business.
Trustee Oppenheim moved to accept the appeal by Chick-Fil-A and over -rule the Appearance
Review Commission and direct the Village Attorney to prepare a Resolution. The canopy would
be the current iteration with additional cladding on the uprights, the updated underside color, a
smaller canopy for 4 vehicles and additional screening. Trustee Struthers seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Struthers (4)
NAYS: Shapiro, Seiden (2)
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINACE 0 -18 -AMENDING An Ordinance amending Article 4 of Chapter 21 of
ARTICLE 4 OF CHAPTER 21 OF THE the Municipal Code establishing oak and elm tree
MUNICIPAL CODE ESTABLISHING trimming and pruning seasonal regulations. Second
OAK AND ELM TREE TRIMMING Reading.
AND PRUINING SEASONAL
REGULATIONS — 2R Trustee Jester moved to adopt 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)
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August 6, 2018
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NEW BUSINESS
RESOLUTION R-18- SUPPORTING A Resolution supporting execution of and
EXECUTION OF AND COMPLIANCE compliance with environmental regulations and
WITH ENVIRONMENTAL laws for Foxconn Development.
REGULATIONS AND LAWS FOR
FOXCONN DEVELOPMENT Trustee Struthers feels it is important to make a
statement. They want to use Lake Michigan water
to dump their waste. Trustee Struthers believes there is a need for an environmental impact
statement. Trustee Benton noted Deerfield would be joining other communities.
Trustee Seiden moved to adopt the Resolution. Trustee Oppenheim seconded the motion. The
motion passed by the following vote:
AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5)
NAYS: Jester (1)
DISCUSSION
YARD WASTE AND RECYCLING Assistant Village Manager Andrew Lichterman
stated the Village responded to inquiries from
residents and are in negotiations with Waste Management about the possibility of expanding the
option for backdoor recycling pick-up. He noted 100 homes opted for backdoor garbage pickup.
Mr. Lichterman indicated Waste Management would offer back door recycling for same price as
backdoor garbage, which is approximately $6 per month.
Mr. Lichterman also received inquiries about having a flat fee for yard waste. He stated Waste
Management has agreed to provide residents with a 96 gallon cart for yard waste and unlimited
pick-up for $155 for the season. Mr. Street stated simplification was very important when the
original curbside contract was initiated. He understands some residents have limited capacity.
Ultimately, he believes having more complex service delivery could lead to increased costs in
the future. Trustee Jester questioned why the Village would choose not to offer the extra service
if the customer bears the cost increase. Mr. Street stated it would add more complexity to the
service prior to rebidding the contract when it expires in 2021. Staff would like to offer the extra
services, but it may drive cost up for everyone.
Mayor Rosenthal expressed concerned about more cans being left at the curb late or placed out
early. The yard waste can is another, large can. Most people do not have room in their garages
for all three cans. Trustee Jester inquired if there is anything that says you cannot leave your cans
in front of your driveway all week long. Mr. Lichterman noted that is not allowed. Trustee
Oppenheim noted that yard waste is currently collected in paper bags with stickers. She
questioned the need for a toter for unlimited pickup and thought continued use of bags with
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August 6, 2018
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unlimited collection would be a better way. Mr. Street indicated Waste Management does not
want to do it that way, as it would be difficult to know which homes are on the unlimited
program. Trustee Jester suggested waiting until it is time to renegotiate the contract. Trustee
Oppenheim thinks April 1, 2018 is late for yard waste to start. Mayor Rosenthal believes there is
so much clutter because people do not bring their cans in like they used to. This will add another
can. Trustee Seiden believes if people pay to have their garbage taken out, they will also want
their recycling taken out as well. The Trustees all agree with adding the back door recycling
option. Staff will get more input on the landscaping program.
MIKE WALCZYK Trustee Benton reported Mike Walczyk has taken a
position with the Lake Cook TMA and will be
leaving the Northwest Municipal Conference. He thinks it will add to the progress. Mayor
Rosenthal indicated the Village received a grant to study south Lake Cook Road transportation
issues. The TMA helped the Village get the grant.
MOSQUITOS
Trustee Struthers noted mosquito season is not over.
The trap at Deerspring Pool had mosquitos with
West Nile Virus.
PORTILLO'S 500TH DAY
Portillo's celebrated their 500'h day in Deerfield
and presented a check for the Megan Bolton
memorial garden at Kipling School.
MEETING WITH DISTRICT 109
Mayor Rosenthal and Mr. Street met with Anthony
McConnell, the new Superintendent of District 109,
to discuss how to lighten the tax load.
GRAND REOPENING
Mayor Rosenthal, the Trustees and many Village
staff members attended the grand reopening of the
Walgreens store in Deerfield Square.
Mayor Rosenthal noted the store looks great.
RIBBON CUTTING
Mayor Rosenthal attended the ribbon cutting at the
Residence Inn. They remodeled their lobby and
several guest rooms. It is very bright
and airy and looks good.
ADJOURNMENT
There being no further business or discussion,
Trustee Jester moved to adjourn the meeting.
Trustee Benton seconded the motion.
The motion passed unanimously. The meeting was
adjourned at 9:15 p.m.
The next regular Board of Trustees meeting
will take place on Monday August 20, 2018 at 7:30
p.m.
APPROVED:
Board of Trustees Meeting
August 6, 2018
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ATTEST:
Mayor
Village Clerk