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08/16/2021August 16, 2021 The special meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Dan Shapiro on August 16, 2021, at 7:30 p.m. in the council chambers of the Deerfield Village Hall located at 850 Waukegan Road. The clerk called the roll and announced that the following were: Present: Dan Shapiro, Mayor Robert Benton Elaine Jacoby Tom Jester Rebekah Metts-Childers Mary Oppenheim William Seiden and that a quorum was present and in attendance. Also present were Kent Street, Village Manager and Steven Elrod, Village Attorney, PLEDGE OF ALLEGIANCE Mayor Shapiro led those in attendance in reciting the Pledge of Allegiance. APPOINTMENT Mayor Shapiro reported the Volunteer Engagement Commission is recommending the appointment of Mark Horne to the Board of Zoning Appeals. Trustee Seiden moved to accept the recommendation of the Volunteer Engagement Commission for Mark Horne. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton; Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) NAYS: None (0) DOCUMENT APPROVAL July 20, 2021, Board of Trustees meetings motion passed by the following vote: Trustee Benton moved to approve the minutes from the August 2, 2021 Committee of the Whole and the Trustee Metts-Childers seconded the motion. The AYES: Benton, Jacoby, Jester, Metts-Childers, Sciden (5) NAYS: None (0) ABSTAIN: Oppenhcim (1) BILLS AND PAYROLL Trustee Oppenheim moved to approve the bills and payroll dated August 16, 2021. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) Board of Trustees meeting August 16, 2021 Page 2 of 7 NAYS: None (0) PUBLIC COMMENT REPORT ON WATER SYSTEM MODELING AND WATER/SEWER ANALYSIS There was no Public Comment on non -agenda items. REPORTS Carolyn Greeves from Baxter and Woodman explained they have looked at the Village's water system and have come up with a five-year capital improvement plan. Many of the proposed improvements will include water main construction and/or maintenance of various portions of the distribution system. The new water model will be integrated within our GIS and can be overlaid with the various layers that are typically used as planning tools: road condition layer, sewer condition layer, water main break history, etc. The new model provides information for project planning and system maintenance for the multi -year capital improvement plan. They also looked at the water and sewer rate structure. Peter Kozak explained the existing hydraulic model was built in 2014. They recalibrated the water model and looked at main break analysis, system pressure, system fire flow and extended system evaluation to come up with a five-year capital plan. He noted 35 percent of the pipes were installed in the 1950s-1960s. Trends show the design life is close to 50 years. A high concentration of breaks was shown in these breaks in relation to the rest of the system. Mr. Kozak looked at the recommended system pressure and fire flow gallons per minute and showed the maximum daily requirements. He noted the proposed five-year capital plan projects coincide with the five-year roadway improvement plan. There is a cost saving because the roadways would already be torn up. Alexis Shotten discussed the rate study. They looked at the water and sewer funds and projected a 5-year forecast to determine whether the rates were sustainable in order to fund the operations and maintenance for the water and sewer infrastructure systems. This does not look at the capital improvement projects. Both the water and sewer funds are billed based on volumatic usage with a minimum rate requirement. Ms. Shotten explained the water rates, with a pass-thru of increases from Highland Park, are above the reserve goal thru 2025. The sewer fund has an operating reserve lower than the 25 percent goal and would decline below zero in fiscal year 2022 without rate increases. Ms. Shotten looked at breakeven rates. The water rates would stay the same for the first two years then increase by 1 percent to maintain the reserve. The sewer rates would have to increase by 4 percent in 2022 and then two 3 percent increases and two 2 percent increases. Ms. Shotten showed the sewer rate increases needed to maintain the 25 percent reserve goal. The rate increase would be 5 percent in 2022 and 2023 and 4 percent in 2024-2026. Board of Trustees meeting August 16, 2021 Page 3 of 7 Ms. Shotten recommends the Village raise the water and sewer rates to be proactive with both funds. Baxter and Woodman recommends somewhere between breakeven and meeting the reserve goals. CONSIDERATION AND ACTION ON A The Board of Zoning Appeals held a Public Hearing REPORT AND RECOMMENDATION OF on July 20, 2021 via Zoom to consider the request THE BOARD OF ZONING APPEALS of James and Barbara Levie to construct a 12'x22' CONCERNING THE REQUEST FOR screened porch addition on the northwest corner of RELIEF FROM ARTICLE 4.02-F,3,E OF the existing home, located at 620 Carlisle Avenue. THE DEERFIELD ZONING ORDINANCE The addition would be wheelchair accessible and FORTHE PROPERTY LOCATED AT 620 allow a reasonable use of the land, encroaching 3.5 CARLISLE AVENUE TO PERMIT THE feet into the required 40-foot setback specified in CONSTRUCTION OF A ONE-STORY the Deerfield Zoning Ordinance. SCREENED PORCH 36.5 FEET FROM THE WEST, REAR PROPERTY LINE IN The Board of Zoning Appeals voted 4-0 in favor of LIEU OF THE MINIMUM 40 FEET REAR recommending the granting of the variance. SETBACK SPECIFIED IN THE DEERFIELD ZONING ORDINANCE Trustee Oppenheim moved to accept the report and recommendation of the Board of Zoning Appeals regarding a proposed screened porch addition for the property located at 620 Carlisle Avenue, Deerfield, Illinois and direct the Village Attorney to prepare the necessary paperwork. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Sciden (6) NAYS: None (0) CONSIDERATION AND ACTION ON A The Board of Zoning Appeals held a Public Hearing REPORT AND RECOMMENDATION OF on July 20, 2021 via Zoom to consider the request THE BOARD OF ZONING APPEALS of Carlos Mercado and Elsa Sanchez, 1405 Hazel CONCERNING THE REQUEST FOR Avenue to install a safety/security fence enclosing a RELIEF FROM ARTICLE 2.04-H,3,A OF play area located on the architectural side of their THE DEERFIELD ZONING ORDINANCE home which was declared by a previous building FOR THE PROPERTY LOCATED AT official to be the front yard when the home was 1405 HAZEL AVE. TO PERMIT THE built in 1967. INSTALLATION OF A FENCE WITHIN THE REQUIRED FRONT YARD 6 FEET The Board of Zoning Appeals voted 4-0 in favor of IN HEIGHT IN LIEU OF THE recommending the Board grant the variation. PERMITTED MAXIMUM HEIGHT OF 3 FEET AS SPECIFIED IN THE DEERFIELD ZONING ORDINANCE Trustee Seiden moved to accept the report and recommendation of the Board of Zoning Appeals regarding a proposed fence for the property located at 1405 Hazel Avenue and direct the Village Board of Trustees meeting August 16, 2021 Page 4 of 7 Attorney to prepare the necessary paperwork. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) NAYS: None (0) CONSENT AGENDA An Ordinance granting relief from the Deerfield Zoning Ordinance to permit the construction of a THE DEERFIELD ZONING ORDINANCE one-story garage addition 6.083 feet from the south FOR THE PROPERTY LOCATED AT property line in lieu of the minimum required 8 feet 330 PINE STREET TO PERMIT THE for the property located at 330 Pine Street in CONSTRUCTION OF A ONE-STORY Deerfield, Illinois. Second Reading. GARAGE ADDITION 6.083 FEET FROM THE SOUTH SIDE PROPERTY LINE IN LIEU OF THE MINIMUM REQUIRED 8 FEET – 2R An Ordinance authorizing an amendment to the AN AMENDMENT TO THE DEERFIELD Deerfield Park Plaza PUD and a Special Use to PARK PLAZA PLANNED UNIT establish a permanent 800 square foot outdoor DEVELOPMENT AND A SPECIAL USE seating area for Jimmy Thai Restaurant located at TO ESTABLISH AN OUTDOOR 405 Lake Cook Road, Suite A1, in the Deerfield SEATING AREA FOR JIMMY THAI Park Plaza Shopping Center. Second Reading. RESTAURANT AT 405 LAKE COOK ROAD, SUITE A1 IN DEERFIELD PARK PLAZA SHOPPING CENTER (MOSAIC PROPERTIES AND DEVELOPMENT LLC AND JIMMY THAI RESTAURANT Trustee Seiden moved to accept the Consent Agenda. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) NAYS: None (0) An Ordinance allowing Ordinances to be approved at the First Reading of the Ordinance. Section 2-37 of the Municipal Code requires Ordinances to be considered on two separate days prior to approval, unless waived by affirmative votes of the majority ORDINANCE O-21-29 GRANTING RELIEF FROM ARTICLE 4.03-F,3,B OF ORDINANCE O-21-30 AUTHORIZING ORDINANCE O-21-31 REPEALING ARTICLE 3 OF CHAPTER 2 OF THE “MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975,” AS AMENDED, REGARDING PASSAGE Board of Trustees meeting August 16, 2021 Page 5 of 7 OF ORDINANCES of the Board. Trustee Seiden moved to waive the First Reading of the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) NAYS: None (0) Trustee Seiden moved to adopt the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) NAYS: None (0) OLD BUSINESS ORDINANCE AMENDING SECTIONS An Ordinance amending sections 5.01-C and 9.02-B 5.01-C AND 9.02-B OF "THE DEERFIELD of the Deerfield Zoning Ordinance of 1978, as ZONING ORDINANCE OF 1978," AS amended, to allow multi-family rental apartments AMENDED, TO ALLOW MULTI- on the first floor as a Special Use and identification FAMILY RENTAL APARTMENTS TO signs in the C-1 Village Center District. First HAVE RESIDENT AMENITY AREAS ON Reading. THE FIRST FLOOR AS A SPECIAL USE AND IDENTIFICATION SIGNS IN THE This will stand as the First Reading of the C-1 VILLAGE CENTER DISTRICT -1R Ordinance. ORDINANCE APPROVING AN An Ordinance approving an amendment to a Special AMENDMENT TO A SPECIAL USE Use permit for a commercial PUD, an amendment PERMIT FOR A COMMERCIAL to a final development plan, a Special Use for a PLANNED UNIT DEVELOPMENT, AN residential amenity area on the first floor, certain AMENDMENT TO A FINAL exceptions within the PUD and an exception to DEVELOPMENT PLAN, A SPECIAL USE the sign criteria for 833 Deerfield Road. First FOR A RESIDENTIAL AMENITY AREA Reading. ON THE FIRST FLOOR, CERTAIN EXCEPTIONS WITHIN THE PLANNED This will stand as the First Reading of the UNIT DEVELOPMENT, AND AN Ordinance. EXCEPTION TO SIGN CRITERIA (833 DEERFIELD ROAD) - 1R NEW BUSINESS Assistant Village Manager Andrew Lichterman reported on January 19, 2021, the Board approved a RESOLUTION R-21-28 APPROVING AN UPDATED DEVELOPMENT Board of Trustees meeting August 16, 2021 Page 6 of 7 AGREEMENT i 10 DEERFIELD ROAD development agreement related to Zion Woods. The initial development agreement contemplated that the Zion Lutheran Evangelical Church would continue to own the property and the developer would enter into a 99-year ground lease to develop the site. Subsequently, the church and the developer have decided that Brinshore and HODC will now acquire title to the property and there will no longer be a need for a long-term ground lease. The updated Development Agreement reflects the correct terms of title, ownership and management of the property. Trustee Oppenheim moved to adopt the Resolution approving an updated development agreement for 10 Deerfield Road. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden (6) NAYS: None (0) DISCUSSION COVID-19 Mayor Shapiro noted there has been a surge in COVID-19 cases. In light of the positivity rate and safety of the Board and residents, Mayor Shapiro suggested going back to remote Zoom meetings. Mr. Elrod explained as long as the Governor's order remains in effect, the decision is made by the head of the public body. Mayor Shapiro will look at holding virtual meetings on a meeting -by -meeting basis with consideration 30 days at a time. NEXT MEETING Mayor Shapiro noted the next meeting falls on Labor Day. The next day is Rosh Hashana. Mayor Shapiro suggested holding the next meeting on Thursday, September 9, 2021 at 7:30 p.m. Mr. Lichterman explained the Plan Commission could reschedule, if necessary. The Trustees agreed to meeting on Wednesday, September 8, 202,1 at 8:00 p.m. via Zoom. VACCINATIONS Trustee Jester noted half of the fire department and 30 percent of the police department have not been vaccinated. He suggested the mayor mandate that first responders in Deerfield get vaccinated. Mayor Shapiro is not happy with the vaccination rate. He believes mandating vaccinations would be a big deal and would only do it with the Village Attorney and Board's input. Trustee Benton noted the fire protection district is not part of the Village, which needs to be considered. Mayor Shapiro is not ready to mandate vaccinations at this point. Trustee Jester would like an update for the next meeting. Trustee Oppenheim urges everyone in the community to be vaccinated. Covid is extremely infectious even for vaccinated people. ADJOLTNMENT There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. The meeting was adjourned at 8:30 p.m. Board of Trustees meeting August 16, 2021 Page 7 of 7 The next regular Board of Trustees meeting is scheduled to take place on Wednesday, September 8, 2021 at 8:00 p.m. APPROVED: Mayor ATTEST: Vi lage Clerk