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.
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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)
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September 16, 2019
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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
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September 16, 2019
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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
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September 16, 2019
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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
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September 16, 2019
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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