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09/16/2019September 16, 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 September 16, 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 Finance Director Eric Burk led those in attendance in attendance in reciting the Pledge of Allegiance. GFOA DISTINGUISHED BUDGET Mayor Rosenthal reported the Village received the AWARD PRESENTATION GFOA Distinguished Budget Award for the 2019 budget. Mr. Burk stated all departments in the Village helped put the document together. After both peer review and review by GFOA staff, the Village has a better document. DOCUMENT APPROVAL Trustee Oppenheim moved to approve the minutes from the September 3, 2019, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Struthers moved to approve the Bills and Payroll dated September 3, 2019. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) STORM EVENTS Village Engineer Tyler Dickinson summarized the storm events from last week. Between 7 p.m. on Wednesday and 3 a.m. on Thursday, the Village recorded more than 3 inches of rain. On Friday, there was an additional 3.4 inches of rain. The back-to-back storm events equate to a 60- to 70- year storm. The Village received approximately 10 calls regarding sanitary backups, with half of the calls due to residential deficiencies. There were road closures throughout the morning on Friday and into the afternoon due to localized road flooding at bridges. Board of Trustees Meeting September 16, 2019 Page 2 of 6 Mr. Dickinson indicated the improvements at the intersection of Warrington and Essex performed as expected. The Engineering Department continues to take phone calls for drainage complaints and continues meeting with residents. There were some power outages starting Wednesday night due to a lighting striking a transformer. Most residents had power back within two hours. There were some power outages on Friday morning, but all power was back by 9 a.m. Wastewater Reclamation Facility Supervisor Brandon Janes reported on the impact of the storms on the wastewater reclamation facility. The initial event resulted in the facility going from three MGD to 20 MGD and maxed out at 28 MGD. On Friday, it maxed at 30 MGD for two hours. The facility handled three million gallons of wastewater on Thursday and Friday. Reservoir 27 in Bannockburn was two feet short of being full, the Pfingsten reservoir was three quarters full and is not draining yet. The east side lift station lost power Friday morning. Service was not interrupted, but the Village incurred 18 hours of overtime due to the east side generator issue. Chief Sliozis reported the police operations were normal and routine for a storm event. Most calls were due to road closures. They work well with Public Works and have a system down. During the storm event Wednesday evening, the National Weather Service issued a tornado warning and the Police Department sounded the tornado sirens. Chief Sliozis encouraged the public to be prepared and have a plan in place. If the sirens go off, severe weather is in the area or imminent. Sirens are activated until the event clears. There is only one sound; when it stops, that is the all clear. The department received a large number of calls relating to the sirens. Mayor Rosenthal requested an article in the next issue of D-Tails outlining the emergency warning systems and highlighting the difference between Thor guard and emergency alert sirens. Mayor Rosenthal congratulated Matt Weiss for receiving the IT Technician of the Year award. He was recommended by Mary Ann Glowacz. PUBLIC COMMENT There was no public comment on non -agenda items. R F.POR T� CONSIDERATION AND ACTION ON A The Board of Zoning Appeals held a Public Hearing REPORT AND RECOMMENDATION OF on August 20, 2019 to consider a request for relief THE BOARD OF ZONING APPEALS RE: from the setback requirements for a two car REQUEST FOR SETBACK detached garage. They requested a 14 foot setback REQUIREMENT RELIEF FROM THE in lieu of the required 25 foot setback. The BZA ZONING ORDINANCE FOR A TWO voted 6-0 in favor of the request. CAR DETACHED GARAGE AT 800 CEDAR TERRACE Trustee Jester moved to accept the report and Recommendation of the BZA and preparation of the necessary ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) Board of Trustees Meeting September 16, 2019 Page 3 of 6 NAYS: None (0) CONSIDERATION AND ACTION ON A Assistant Code Enforcement Supervisor Jeff REPORT FROM STAFF RE: PENALTY Hansen reported staff is recommending increasing FOR WORKING WITHOUT A PERMIT the penalty amount for working without a permit. The penalty is currently $100. Staff is recommending a scaled penalty of $300 to $1,000 per day based on the base building permit fee. He noted other towns charge up to four times the permit cost when builders do not get a permit. Trustee Struthers inquired about the frequency of the violations. Mr. Hansen stated there are at least a few violations each month. Trustee Shapiro moved to accept the recommendation of staff and preparation of the necessary ordinance. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0-19-24 AUTHORIZING APPROVAL OF NEW MENU BOARDS PURSUANT TO ARTICLE 9.02-13,14(A) OF THE DEERFIELD ZONING ORDINANCE AND AN AMENDMENT TO THEIR SPECIAL USE FOR THE MENU BOARDS AT 50 N. An Ordinance authorizing approval of new menu boards pursuant to Article 9.02-13,14(A) of the Deerfield Zoning Ordinance and an Amendment to the Special Use for the menu boards for McDonald's Restaurant located at 50 North Waukegan Road. Second Reading. WAUKEGAN ROAD — 2R Trustee Struthers thanked the members of the Appearance Review Commission for the great job they did reviewing this matter. Trustee Seiden moved to accept the Consent Agenda and 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) OLD BUSINESS ORDINANCE 0-19-25 AUTHORIZING An Ordinance authorizing anew wall sign for A NEW WALL SIGN FOR MYND SPA Mynd Spa, including an exception to the Deerfield INCLUDING AN EXCEPTION TO THE Square sign criteria and an amendment to the DEERFIELD SQUARE SIGN CRITERIA Deerfield Square Commercial Planned Unit Board of Trustees Meeting September 16, 2019 Page 4 of 6 AND AN AMENDMENT TO THE DEERFIELD SQUARE COMMERCIAL PLANNED UNIT DEVELOPMENT TO PERMIT CHANGES TO THE ELIZABETH ARDEN RED DOOR SALON NAME TO BE CHANGED TO MYND SPA AND SALON, IN UNIT A IN THE 720 WAUKEGAN ROAD BUILDING AT THE SHOPS AT DEERFIELD SQUARE (KIRBY LIMITED Development to permit changes to the Elizabeth Arden Red Door Salon name to be changed to Mynd Spa and Salon, in Unit A in the 720 Waukegan Road building at the Shops at Deerfield Square. Mayor Rosenthal noted the petitioner requested a waiver of the First Reading of the Ordinance. PARTNERSHIP AND ELIZABETH Trustee Oppenheim moved to waive the First ARDEN RED DOOR SALON AND SPA 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 Seiden moved to adopt the Ordinance as drafted. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE 0-19-26 AUTHORIZING An Ordinance authorizing an Amendment to the AN AMENDMENT TO THE BARTACO Bartaco Special Use and an Amendment to the SPECIAL USE AND AN AMENDMENT Deerfield Square Commercial PUD to permit TO THE DEERFIELD SQUARE changes to the Bartaco Restaurant in unit A of COMMERCIAL PLANNED UNIT the 711 Deerfield Road building. DEVELOPMENT TO PERMIT CHANGES TO THE BARTACO Mr. Elrod noted there were slight technical RESTAURANT IN UNIT A OF THE revisions made today. Mr. Street noted Liz 711 DEERFIELD ROAD BUILDING — 2R Delevitt polled the Appearance Review Commission. Planning and Design Specialist Liz Delevitt reported she informally polled the members of the ARC. Three members were fine with the changes while four still did not care for the design. Those members not in favor felt the sign was flat and was still a painted sign on a busy fagade. They felt the sign was difficult to read and drew too much attention to the utility cabinet and heaters. The ARC felt the dragonfly was disproportionate to the restaurant name and the sign as a whole had insufficient similarity with the other two signs. The ARC would rather see a matching sign. Chris Siavelis, Senior Vice President of CRM Properties, representing mall ownership, stated they are considering a number of options to help screen the pipes and mechanicals on the west side of the building. He believes this should be completely independent from Bartaco. Mayor Rosenthal stated if the Board approves the Ordinance, the petitioner would go to the Appearance Board of Trustees Meeting September 16, 2019 Page 5 of 6 Review Commission on September 23 for review. If the ARC does not approve the design, the petitioner would have the opportunity to appeal to the Trustees. Mr. Siavelis explained the ARC did not vote when he came back last time. Trustee Shapiro believes the petitioner has shown good faith and compromised. Mr. Siavelis stated the sign has been reduced by 62 percent from their initial request. He believes the sign will be well read and will distract people from the mechanicals. Mr. Elrod stated the Trustees would be approving the zoning, but the petitioner would need to comply with the ARC recommendation. If the ARC does not approve the sign, the petitioner can appeal to the Mayor and Board of Trustees. 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) NEW BUSINESS ORDINANCE 0-19-27 AMENDING Mr. Elrod reported his firm is recommending that CHAPTER 9 OF THE MUNICIPAL their clients who have any interest in adopting CODE TO ADOPT A MUNICIPAL regulations that would allow some form of CANNABIS RETAILERS' recreational cannabis sales consider adopting an OCCUPATION TAX Ordinance approving a Municipal Cannabis Retailers' Occupation Tax. He noted there is some confusion within the text of the State law that would appear to provide up to 3 percent tax. If a municipality has an ordinance in place prior to October 1, it will be able to impose a tax on January 1 instead of July 1. If the Ordinance is passed, the Board can still vote against a recreational cannabis sales ordinance. Mr. Elrod this is just a safety net and can be repealed. Trustee Oppenheim moved to waive the First Reading and adopt the Ordinance. Trustee Struthers seconded the motion, The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: Seiden (1) DISCUSSION TRUSTEE IN THE TOWN Trustee Seiden reported the final Trustee in the Town will take place this Saturday at the Farmers Market. Trustee Shapiro and Trustee Jester will be available from 9 a.m. to noon on Saturday to answer questions. HISTSORICAL SOCIETY EVENT Mayor Rosenthal reported the Deerfield Area Board of Trustees Meeting September 16, 2019 Page 6 of 6 Historical Society held their fall festival on Sunday. It was a nice event. She noted the Historical Society has committed to making this an annual event. PUBLIC ART OPEN HOUSE Mayor Rosenthal reported the Public Art Open House will take place on September 19 at the Deerfield Library. She noted the Fine Arts Commission looks through the art and recommends what art will be displayed throughout the Village. The artists will be at the library from 6 to 8 p.m. HARVEST FEST The Village and DBR Chamber of Commerce will Host Harvest Fest on September 28. The activities start in the morning at the Farmers Market and continue in the evening with music and food. NEXT MEETING AND COW Mr. Street reported the next Board of Trustees meeting will take place on October 7, 2019. There will be three weeks between Board of Trustees meetings. There will be a Committee of the Whole meeting on October 2 at 3 p.m. to discuss budgets. ASSAULT WEAPON BAN UPDATE Mr. Elrod reported the procedural issue that had sidetracked the Village's appeal of the assault weapon ban has been resolved in favor of the Village. The Village has the right to appeal to the 2nd District on the substance of the case. HAPPY NEW YEAR ADJOURNMENT Trustee Struthers seconded the motion meeting was adjourned at 8:13 p.m. Mayor Rosenthal wished a Happy New Year to those that celebrate. There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. The motion passed unanimously on a voice vote. The The next regular Board of Trustees meeting will take place on Monday, October 7, 2019 at 7:30 pm. APPROVED: Mayor ATTEST: Village Clerk