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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 Page 2 of 8 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 Board of Trustees Meeting August 6, 2018 Page 3 of 8 (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 Board of Trustees Meeting August 6, 2018 Page 6of8 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) Board of Trustees Meeting August 6, 2018 Page 7 of 8 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 Board of Trustees Meeting August 6, 2018 Page 8 of 8 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 Page 9 of 8 ATTEST: Mayor Village Clerk