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12/02/2019December 2, 2019 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 December 2, 2019, 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 Mayor Rosenthal led those in attendance in reciting the Pledge of Allegiance. DOCUMENT APPROVAL Trustee Oppenheim moved to accept the minutes from the November 18, 2019, Board of Trustees meeting. Trustee Shapiro seconded the motion. The motion passed unanimously on a voice vote. TREASURER'S REPORT Finance Director Eric Burk presented highlights from the October 2019 Treasurer's Report, representing 83 percent of the fiscal year. There was nothing unexpected this month. Sales tax net of the rebate decreased from last month, but are the same as in the previous period last year. Water and sewer billing decreased slightly from last month. Hotel tax receipts increased from last year due to the increase in the motel tax rate. State income tax increased from last year. Large expenditures in October include construction and engineering costs. There will be debt service payments, a general fund transfer and the police pension contribution. Mayor Rosenthal noted the Village revised the fiscal year projection of non -Home Rule sales tax due to on-line sales and the decrease in retail businesses. It is important for residents to shop local. BILLS AND PAYROLL Trustee Struthers moved to approve the Bills and Payroll dated December 2, 2019. 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 There were no Public Comments on non -agenda items. Board of Trustees Meeting December 2, 2019 Page 2 of 9 REPORTS REPORT AND RECOMMENDATION Deputy Chief Keane reported the Village adopted OF STAFF RE CHAUFFER LICENSE a chauffer license Ordinance in 1991 to regulate REQUIREMENTS taxis, public passenger vehicles and limousines. The consortium consisted of Arlington Heights, Buffalo Grove, Elk Grove Village, Mount Prospect, Schaumburg, Northbrook and Deerfield. There were two parts including a driver's license and a vehicle inspection. With the onset of Uber and Lyft, the numbers of registered drivers dropped. In 2008, there were 680 registered drivers. This year, there were 93 registered drivers. They met with the management of 303 Taxi and American Taxi who said they have received pushback from drivers because of the expense and the fact the Village cannot regulate Uber or Lyft. They feel it is unfair. They did a survey of a number of towns, and 15 have withdrawn from doing a chauffer license. The consortium members suggested a moratorium on the Ordinance. Trustee Struthers was unaware the Village could not regulate Uber or Lyft drivers. Mayor Rosenthal believes it is a good idea. She would not want residents who use the voucher system to not be able to get a taxi. Deputy Chief Keane believes the moratorium may improve taxi service in the Village. Trustee Shapiro questioned the length of time for the moratorium. Deputy Chief Keane recommended revisiting this is one year. Trustee Seiden asked about the purpose of the chauffer license. Deputy Chief Keane explained it was to ensure the Village knew the drivers as well as for safety. He noted the taxi companies are now responsible for vehicle inspections, so that was a duplication of efforts. Trustee Oppenheim noted the State also has regulations, which parallel the Village regulations. Mr. Elrod noted there is a lot of redundancy Trustee Oppenheim moved to accept the report and recommendation of staff and direct the Village Attorney to prepare an Ordinance creating a moratorium for one year. 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 APPEARANCE REVIEW Mr. Street reported the Appearance Review COMMISSION'S DECISION TO DENY Commission held a review on October 28, 2019, to EXTERIOR IMPROVEMENTS AT consider exterior improvements for Protein Bar and 110 S. WAUKEGAN (PROTEIN BAR Kitchen located at 110 South Waukegan Road. The AND KITCHEN) ARC voted 3-2 to deny the request for three orange awnings on the west and north elevations. The ARC believes the awnings would look out of place with the existing green awnings and feel the bright orange color is outside the Deerfield Appearance Code. Jeff Drake, CEO and President of Protein Bar and Kitchen, and Jared Cohen, COO of Protein Bar and Kitchen, were present. Mr. Drake stated the restaurant business is competitive and would believe the orange awnings are important to distinguish their space. They are a better -for - you fast casual restaurant. Mr. Drake noted they made a number of changes to their signage Board of Trustees Meeting December 2, 2019 Page 3 of 9 before meeting with the ARC, and believe the visibility is very important. There are other restaurant tenants with branded awnings. Trustee Struthers asked if the petitioners could talk the other tenants into using orange awnings. She does not believe the orange awnings next to the green awnings is visually appealing. Trustee Oppenheim questioned if the orange would be directly next to the green awnings or if there would be a space. Mr. Drake stated one orange awning would be next to the green awning. Mr. Cohen noted the restrictions on green awnings were revised in 2015 to allow for different colors. Noodles and Company has historically expressed interest in changing their awnings to their trademark red color. Mayor Rosenthal noted they are looking for three orange awnings; two would face Lake Cook Road and one would face Waukegan Road. ARC Chair Lisa Dunn stated the petitioner asked for the awnings as well as three wall signs and two pylon signs at the same meeting. The wall signs would be on the same elevation as the proposed awnings. The wall signs have their branded orange, which will be visible from the street. There are other tenants in the building while City Barbecue and Panera are stand-alone buildings and have different awnings. If you drive along Waukegan Road, the only color awning on the outlots in Deerbrook is green. This building can have four tenants that could each ask for different color awnings. The ARC looks at the Appearance Code, which states the colors must be harmonious and bright or brilliant colors should be minimized and only used for accents. The proposed orange color is definitely bright, which is discouraged. Ms. Dunn noted the petitioner intends to come back and ask for orange umbrellas on the patio. If they come back and the orange umbrellas are approved, their branded color would be visible on their patio. Mayor Rosenthal noted the Commission requested the word Kitchen be dropped from their sign. Ms. Dunn explained the Commission was concerned about the size of the letters as well as the readability. Planning and Design Specialist Liz Delevitt added the word Kitchen was dropped only from the pylon panel so it is not stacked on the sign. Mr. Cohen noted they are intending to pursue orange on their patio, but the ARC may deny that as well. Trustee Oppenheim moved to approve the appeal. Trustee Benton seconded the motion. The motion did not pass by the following vote: AYES: Benton, Oppenheim (2) NAYS: Jester, Seiden, Shapiro, Struthers (4) CONSENT AGENDA ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD RE: NON -ZONING CODE AMENDMENTS CONCERNING RECREATIONAL CANNABIS ENFORCEMENT — 1R An Ordinance amending the Municipal Code regarding non -Zoning Code amendments concerning recreational cannabis enforcement. First Reading. This will stand as a First Reading. Board of Trustees Meeting December 2, 2019 Page 4 of 9 ORDINANCE 0-19-37 GRANTING An Ordinance granting a modification for a five - MODIFICATION FOR A FENCE foot -six-inch fence in lieu of a five-foot fence in the HEIGHT AT 770 CASTLEWOOD LANE front yard. Trustee Struthers moved to waive the First Reading 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) Trustee Struthers moved to adopt an Ordinance granting a 5 foot 6 inch fence in lieu of a 5 foot high fence at 770 Castlewood Lane. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE AMENDNG An Ordinance amending Section 22-164 of the SECTION 22-164 OF THE MUNICIPAL Municipal Code of the Village of Deerfield to CODE OF THE VILLAGE OF remove stop signs at the intersection of Pine Street DEERFIELD TO REMOVE STOP SIGNS and Anthony Lane. Second Reading, AT THE INTERSECTION OF PINE STREET AND ANTHONY LANE — 2R Lori Gross cited documents received from FOIA requests. During the past 10 years, there has never been a stop sign removed from Deerfield, Highland Park or Buffalo Grove. She questioned whether Deerfield wanted to be known as the Village that removes stop signs. Ms. Gross noted there are unaccompanied children crossing at the Pine and Anthony stop sign, based on an August study. In the 2016 and 2019 traffic studies, there was 90 percent compliance of the stop sign where drivers either slowed down or stopped at the stop sign. Based on the 2019 study, maximum speed exceeded 34 miles per hour with the maximum speed of 57 miles per hour but the stop sign was still 90 percent compliant. Imagine what could happen without the stop sign. The periods with the greatest number of compliance violations was 8 a.m. to 11 a.m. and 4 p.m. to 6 p.m., the time kids walk to school and play after school. The original rationale of the sign is still valid today as when the stop sign was installed. Former Safety Commission Chairman, Al Bromberg, stated in the Safety Commission minutes that most of the stop signs in Deerfield do not meet the warrants. Judgement is also called for in the engineering standard. The Safety Council unanimously recommended approval of the stop sign. In 2016, the Trustees stated the sign would remain because the residents want it to remain. Board of Trustees Meeting December 2, 2019 Page 5 of 9 Debbie Brodsky lives a block from Pine and believes the stop sign has saved her life. She is a runner and does not believe there are any reasons to remove the stop sign as it keeps children, runners, dog walkers and pedestrians safe. Nina Aliprandi Bolley lives just south of where Pine Street bends. She has called the Deerfield Police Department a number of times to report speeding. Her daughter is in a wheelchair and people go around the bus while she is embarking. Before the stop sign was put in place, vehicles ended up on her front lawn. She believes the stop sign helps slow traffic. She would not want to see accidents on Pine Street. Nigel Bolley believes the traffic on Pine Street has increased since the stop sign was installed. He questioned why the Trustees would spend money to make the road less safe. Dan Gross remembers when the stop sign was installed in 2008 and felt it was a relief. He was dismayed in 2016 when there was a push to remove the stop sign. At that time, he questioned why people would try to remove something that made the neighbors feel safe. Now, the residents are making the same arguments that they did in 2016. He believes the Trustees need to listen to the represent the needs of their constituents and manage the time and money of the Village responsibly. He urged the Trustees to vote to keep the stop sign and not consider removing it again. Bob Speckmann spoke at the last meeting and would like the stop sign to remain. Rae Bashkin has many years of walking to Wilmot and Caruso in the future. She asked what the benefit would be to remove the stop sign. She understands it may not improve safety, but it cannot be less safe. There is no economic benefit to the Village. Ms. Bashkin believes a small group of people may find it a nuisance, but the parents want it to remain. Danielle Maldonado believes the children present will learn the word Trustee, as residents voted them into office as residents entrust them to do what is right for the community. So many people use Pine to travel from Deerfield Road to Lake Cook Road, which is why the stop sign is needed. The other thing the children will learn is to fight City Hall. The children are present to show support. Residents should not have to show the Trustees that they are being honest. Mark Brown received a call from a resident. He is a former Safety Council member. When the Safety Council made their recommendation, they went through an entire process. Good government is about representing the will of the people. Mr. Brown was surprised that the Trustees are considering making a change. Margaret Hagopian spoke at the last meeting. Her front door faces this intersection. She noted there have been no accidents reported at the intersection since 2008. The stop sign does not bring a false sense of security, because pedestrians still need to look to ensure vehicles are stopping. At the last meeting, it was stated it is an engineering reality that stop signs do not reduce speed of traffic. The police department installed monitors and determined there was no excessive speeding. Most vehicles were in compliance with the posted speed. Ms. Hagopian believes these Board of Trustees Meeting December 2, 2019 Page 6 of 9 facts show the stop sign is working. She noted the residents that spoke in favor of removing the stop sign live a half mile away. She does not believe inconvenience is a reason to remove the stop sign but safety is a reason for it to remain. Analee Weisman noted the only traffic ticket she every received was on Pine. She was going 34 miles per hour in a 25 mile per hour zone. Even careful drivers make mistakes. She is very appreciative there is a stop sign there. Joel Weisman believes removing the stop sign would welcome more speeders, which would benefit the finances of the Village. He believes the stop sign is very important and removing it would endanger residents. Ava and TJ Bachmeyer reported that children cross at the stop sign to visit friends. Nicole Bastian-Gardiner's children were taught to cross at the stop sign. She was surprised about the discussion to remove the stop sign. This week, she witnessed a truck and 5 other vehicles slammed on their brakes to stop at the stop sign. Ms. Bastian -Gardiner questioned why the Village is considering removing the stop sign and where pedestrians would cross if it were removed. Jack Bigman stated there are cars speeding on side streets. Pine is one of the largest streets in Deerfield and people speed on Pine. If speeding on small streets is already a problem, speeding on Pine is also a problem. Keeping the stop sign would be worth everything to save a life. Abby Weile and Leora Mellman explained they walk to their friend's house and cross at Pine Street. There feel safer with the stop sign, because there are narrow sidewalks. People also walk their pets in that area. They do not understand any reason to remove the stop sign. Sari Mellman stated her children walk to school and to their friend's house after school. She questioned the benefits to remove the stop sign. She noted one Trustee mentioned he has not seen children crossing at the stop sign. Ms. Mellman asked the Trustees to listen to the parents and children who are begging to keep them safe. Julie Lowitz supports everything that has been said. She has a computer desk in her living room and has seen multiple children walking to and from other kid's houses, to and from, school and with animals while unaccompanied by an adult. Some people are here, but do not want to speak. Her son is a new driver, who is surprised the Village has spent money on an engineering study. He thought the Village should spend money to trim the trees. Ms. Lowitz asked the Trustees to consider the safety of the community. Mr. Elrod explained the proposed Ordinance would remove the stop sign. If the Trustees desire to remove the stop sign, a motion would be made to remove the stop sign. If a motion is not made and seconded or if the Trustees do not vote to pass the Ordinance, the stop sign would remain. Board of Trustees Meeting December 2, 2019 Page 7 of 9 Trustee Oppenheim noted the Trustees' primary concern is the safety of every resident, including children. She expressed concern because they are being told by the experts that the unwarranted stop sign can decreases safety. Trustee Oppenheim explained anything the Board does cannot be promised in the future. No one would want any decision to be permanent and not revisited in the future. The Trustees cannot say they will never revisit this or change it in the future. Trustee Oppenheim noted every issue has many sides and the Trustees need to listen to all of them. What one group wants is not enough. The Trustees need to look at a lot of things and are trying to make the best decision for the entire community. Trustee Benton noted there could be additional warnings, such as pedestrian or children crossing signs, to make drivers aware. There could be prominently painted crossing lines in the intersection. There is a stop sign, but these other warning devices could make the intersection safer. Trustee Shapiro questioned why the Village is discussing this for the third time in ten years. If the Village is considering this stop sign because it does not meet the warrants, they would need to reevaluate a number of stop signs in the Village and make a decision. He is not sure the Village should do that. Trustee Shapiro noted Mr. Brinkman has only seen this five times in his career. Trustee Shapiro believes this is an unusual request. Trustee Seiden believes if this were the first time, he would follow the warrants. He did not see many cars at stop signs in his neighborhood and questioned whether the other stop signs in Deerfield meet the warrants. Trustee Seiden does not look at stop signs as warranted. He noted some people drive through stop signs; however, they do some good. If a stop sign saves a life, it is a good reason to keep the stop sign. Trustee Jester has not heard anything new this evening. Mayor Rosenthal encouraged parents to let their children know stop signs are not always safe, as you have to rely on the driver to do the right thing. She asked parents to teach their children to look before going into an intersection. Trustee Jester moved to amend the section of the Municipal Code to remove the stop sign at Pine and Anthony. Trustee Struthers seconded the motion. The motion did not pass by the following vote: AYES: Jester (1) NAYS: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) ORDINANCE 0-19-38 LEVYING TAXES An Ordinance levying taxes for corporate purposes FOR CORPORATE PURPOSES FOR for the Fiscal Year commencing on January 1, 2020, THE FISCAL YEAR COMMENCING ON and ending on December 31, 2020. Second JANUARY 1, 2020 AND ENDING ON Reading. DECEMBER 31, 2020 — 2R Board of Trustees Meeting December 2, 2019 Page 8 of 9 Trustee Shapiro 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) ORDINANCE 0-19-39 ABATING A An Ordinance abating a portion of the 2019 tax levy PORTION OF THE 2019 TAX LEVY requirements for the Series 2010 G.O. Bonds. REQUIREMENTS FOR SERIES 2010 Second Reading. G.O. BONDS — 2R Trustee Benton 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) ORDINANCE 0-19-40 ABATING A An Ordinance abating a portion of the 2019 tax levy PORTION OF THE 2019 TAX LEVY requirement for Series 2011B G.O. Bonds. Second REQUIREMENTS FOR SERIES 2011B Reading. G.O. BONDS — 2R Trustee Seiden 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) RESOLUTION R-19-30 ADOPTING A A Resolution adopting a Consolidated Fee Schedule CONSOLIDATED FEE SCHEDULE FOR for Fiscal Year 2020. FISCAL YEAR 2020 Trustee Oppenheim moved to adopt the Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE AMENDING AND An Ordinance amending and revising the annual REVISING THE ANNUAL BUDGET OF budget of the Village of Deerfield for the fiscal year THE VILLAGE OF DEERFIELD FOR commencing January 1, 2019, and ending THE FISCAL YEAR COMMENCING December 31, 2019. Mr. Burk stated there are two JANUARY 1, 2019 AND ENDING amendments, including the purchase and DECEMBER 31, 2019 improvements made at 333 Warwick and to transfer unexpended 911 revenue that was previously in the vehicle equipment replacement fund to the Deerfield account in the consolidated joint emergency telephone systems board (JETSB). This will stand as a First Reading of the Ordinance. Board of Trustees Meeting December 2, 2019 Page 9 of 9 There was no New Business. NEW BUSINESS DISCUSSION THANK YOU Mayor Rosenthal thanked Starbucks and Kylie Cerk for the downtown lighting ceremony. WINTER CELEBRATION Friday night is the Winter Celebration from 5 p.m.to 9 p.m. at Village Hall. There will be carriage rides, ice sculptures, roasted chestnuts and a warm treat. EXECUTIVE SESSION Trustee Oppenheim moved to go into Executive Session pursuant to 122-(c)1, 122-(c)2 and 122- (c)21 of the Open Meetings Act. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) The Trustees went into Executive Session at 8:28 pm. The next regular Board of Trustees meeting will take place on Monday, December 16, 2019, at 7:30 pm. APPROVED: Mayor ATTEST: Village Clerk