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07/20/2020July 20, 2020 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal remotely on July 20, 2020, at 7:30 pm. 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 virtual quorum was present and in attendance. Also present via teleconference were Kent Street, Village Manager, at Village Hall, and Steven Elrod, Village Attorney. PLEDGE OF ALLEGIANCE Village Trustee Bob Benton lead those in attendance in reciting the Pledge of Allegiance. DOCUMENT APPROVAL Trustee Benton moved to accept the minutes from the July 6, 2020, Board of Trustees meeting. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and Payroll dated July 20, 2020. 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 Mayor Rosenthal stated the emails received before the meeting would be read during the first Public Comment. If any emails are received during the meeting, they would be read during the second Public Comment. If someone wants to make a comment via Zoom, they need to raise their hand or press *9. Mr. Street reported there were no Public Comment emails received prior to the meeting on non - agenda items. Arnold Footle, 30 Country Court, asked if the Trustee in the Town would be continued at the Farmers Market. Mayor Rosenthal reported this year's Farmer's Market is very different. The Village is trying to keep everyone as social distanced as possible. Trustee in the Town, the Board of Trustees Meeting July 20, 2020 Page 2 of 7 children's activities and music are very popular at the Farmers Market but have been discontinued this year due to Covid-19. We are doing what we can to keep people from congregating. Hopefully it will be back next summer. REPORTS CONSIDERATION AND ACTION ON Tamarisk NorthShore plans to open next month. THE REPORT AND They are requesting a Class D-3 liquor license RECOMMENDATION OF STAFF RE: that would allow full liquor service for residents CREATING A CLASS D-3 LIQUOR and invited guests in their dining facility. A LICENSE FOR TAMARISK NORTH similar Ordinance was established earlier this year. SHORE Staff completed a background investigation and found nothing that would preclude them from holding a liquor license and conducting business in the Village. Management Analyst David Fitzgerald -Sullivan stated the applicant submitted a letter requesting a waiver of the rules. Trustee Shapiro moved to accept the staff report. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) Mayor Rosenthal asked Drew Kowalski from Tamarisk if there would be a charge for liquor service. Mr. Kowalski stated there would be prices on the menu. The residents of Tamarisk NorthShore would get an allowance. Mayor Rosenthal ensured this would be included in the food and beverage tax. CONSIDERATION AND ACTION ON Mayor Rosenthal indicated the petitioners have THE REPORT AND advised they no longer plan to proceed with this RECOMMENDATION OF THE PLAN project. COMMISSION ON THE REQUEST FOR A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A DRIVE-THRU FOR A WALGREENS PHARMACY STORE AT 95 S. WAUKEGAN ROAD (CHICK-FIL-A, INC. AND WALGREENS CO.) CONSIDERATION AND ACTION ON Assistant Village Manager Andrew Lichterman THE REPORT AND reported the Board directed staff to prepare a RECOMMENDATION OF STAFF RE: report discussing an appropriate scale for when an AFFORDABLE HOUSING affordable housing trigger would be triggered as Board of Trustees Meeting July 20, 2020 Page 3 of 7 well as the related policy, tools and implications. Staff recommends that affordable units be defined as units made available for sale or for rent are available to households with incomes that do not exceed 120% of the AMI and at mortgage or rental rates that do not exceed 30% of those households' gross annual household income. Staff proposes a sliding scale to determine the number of affordable units that must be included in future developments, with a requirement of 10% affordability for developments over 50 units. The purpose is to strive to strike a balance between affordability without stifling development. Staff also recommends an eligibility requirement be included in the Ordinance giving priority to families or individuals who work or live in the community. Specific developer incentives may include impact fees and permit fee waivers for affordable units, expedited development reviews and relief from parking standards. Trustee Jester does not see the need for this Ordinance. The Village has 15-20 houses that have sold for less than $369,000 and there are a lot of houses in Poets Corner as well. If this Ordinance were in place, would the Village have insisted on affordable housing in subdivisions such as Amli, Tamerisk and Woodview, and would the Village have requested additional affordable housing units in Reva. He asked staff to provide the numbers of affordable units in Amli, Tamerisk and Woodview. Trustee Shapiro believes this is important so developers know the rules before they go in and it is not subject to the Village Board's discretion. He believes it is important for the community. Trustee Shapiro thinks the Village could go down to 100% AMI, as 120% gets a lot of house. 100% would allow more people to go into our community. We need an Ordinance, so developers know the Village's expectation. Trustee Jester does not believe any Trustee raised the issue of affordable housing with Woodview, Amli or Tamerisk. Affordable housing was brought up with Reva and it happened. It is in the Comprehensive Plan, but Trustee Jester believes this is overthinking it and social engineering. Mayor Rosenthal noted affordable housing was discussed with Amli and Woodview. They indicated to the Village that what they had was affordable. Affordable housing was negotiated, but not in perpetuity. This Ordinance would ensure affordable housing in the Village, and it will be reviewed annually. Trustee Oppenheim believes the Village needs to have affordable housing formalized. She recommends approving the staff report and sending it to the Plan Commission to help it evolve. The Village has a means for discussion with the Ordinance and it is fair for everybody. Trustee Struthers believes this is a very good solution to a problem that will come up again. Trustee Benton noted affordable housing was initially discussed with Zion Woods. He believes the Village needs to provide for housing that would work for people who want to live here but cannot. He believes it will be an asset for the Village if it is done properly. Board of Trustees Meeting July 20, 2020 Page 4 of 7 Trustee Jester asked how many full-time employees administer the affordable housing program in Highland Park. Mayor Rosenthal explained there are a number of organizations that administer these programs and the Village could put one on retainer. Trustee Seiden likes the report as it formalizes affordable housing and gets rid of impact fees on affordable housing without impacting residents with additional taxes. He does not believe the household income should be reduced below 120% of the AMI. Trustee Shapiro noted the Village has struggled with this issue over the years because we have not had cohesiveness. This will give the Plan Commission the opportunity to set something up to provide developers with direction. Trustee Oppenheim moved to accept the staff report on affordable housing and send it to the Plan Commission. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5) NAYS: Jester (1) CONSENT AGENDA ORDINANCE GRANTING RELIEF At the July 6, 2020, Board of Trustees meeting, the FROM THE DEERFIELD ZONING Trustees accepted the BZA's recommendation to ORDINANCE TO REPLACE A DECK grant a variation to allow a new deck to replace the AT 1195 SOMERSET — 1R existing non -conforming deck 4 feet from the south, interior side property line in lieu of the minimum 8 feet specified by the Zoning Ordinance. This will stand as a First Reading. ORDINANCE 0-20-12 AMENDING An Ordinance intended to reaffirm the Village's CHAPTER 15, MORALS AND current practice of prohibiting professional CONDUCT, OF THE MUNICIPAL CODE landscapers from operating in the Village on TO REGULATE NOISE GENERATED Sundays. The Ordinance applies to professional BY POWERED LANDSCAPING landscapers only and does not limit the EQUIPMENT — 2R homeowner's ability to conduct landscape services on their property. Mr. Lichterman noted the Village received a call from a resident asking for the Saturday start time to be 9:00 a.m., while staff is recommending a Saturday start time of 8:30 a.m. to be consistent with the construction hours. Trustee Oppenheim asked how this would affect a commercial entity such as Briarwood Country Club. Briarwood tends to use a leaf blower early in the morning. Mr. Lichterman stated they would be bound by this Ordinance. Board of Trustees Meeting July 20, 2020 Page 5 of 7 Trustee Struthers believes this Ordinance formalizes what the Village had all along. She suggested getting the Ordinance out to the landscapers and rest of the community. Mr. Lichterman stated if this Ordinance passes tonight, fines would not be enforced for 10 days. Mr. Street read a public comment from Village resident Alex Antonov. Mr. Antonov urged the Board to consider rejecting the Ordinance. He does not believe this would have the desired effect of reducing noise. Residents will not be available during the week to direct or supervise their landscapers, which will leave their properties not well cared for. Mr. Antonov believes there will be a high demand of landscapers on Saturdays. The increased cost will also result in residents requesting fewer services or doing their own landscaping. Mr. Antonov suggested limiting the hours of professional landscape services to 10 a.m. to 5 p.m. on weekends. Trustee Jester moved to adopt the Ordinance. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) There was no Old Business. OLD BUSINESS NEW BUSINESS RESOLUTION R-20-19 AUTHORIZING Director of Public Works and Engineering Bob AN INTERGOVERNMENTAL Phillips stated the Village entered into an AGREEMENT WITH UNION Intergovernmental Agreement with Union Drainage DRAINAGE DISTRICT NUMBER 1 District 1 in April 1993. The IGA outlines the responsibilities of each party that has an interest in the maintenance and operation of the reservoir that lies between Lake Eleanor and Duffy Lane in Bannockburn. The reservoir is a flood control measure, constructed in partnership with the United States Corps of Engineers, which has a direct positive impact on the Village of Deerfield. During heavy storms the West Fork of the North Branch of the Chicago River swells and once the early flood stage is reached, water flows over the weir structure and into a regional detention basin. After storms have subsided and the river returns to normal levels the Village pumps water out of the basin, back into the river. As such, the basin has provided flood relief for many years and is an asset that protects homes from flooding. As part of the agreement, the Village of Deerfield WRF Division maintains the property, the pumping station and pumping infrastructure, the spillway, and overflow structure. The Union Drainage District No. 1 reimburses the Village for labor and material costs incurred as part of routine maintenance. The IGA is introduced every five years for approval. Board of Trustees Meeting July 20, 2020 Page 6 of 7 Trustee Struthers noted the retention pond on Duffy Lane moved the flood plain a lot further down. She believes it is effective and should continue. Trustee Struthers moved to adopt the Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) DISCUSSION LAKE COUNTY HEALTH Mayor Rosenthal reported the Lake County Health DEPARTMENT RECOMMENDATION Department has recommended people traveling to certain states and return to Lake County quarantine for 14 days. The Village is looking into this and will get information out to residents, so they know the recommendations. EXTENTION OF EMERGENCY POWER Mayor Rosenthal asked that the emergency power be extended to the end of the August 3, 2020, Board of Trustees meeting. Trustee Oppenheim moved to extend the mayor's emergency power to the end of the August 3, 2020 ,Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) WALK-IN TRAFFIC AT VILLAGE HALL Mr. Street reported walk-in traffic to Village Hall has been minimal. Staff continues to work with people primarily on a remote basis. UPDATE ON ASSAULT WEAPONS Mr. Elrod reported the oral argument from Illinois BAN LITIGATION Appellate Court Second District took place virtually. The panel of appellate court justices heard the Village's argument and asked several questions. The other side presented a forceful argument as well and we are waiting on their opinion. UPDATE ON ORDINANCE 0-19-35 On November 4, 2019, the Village Board adopted CONCERNING RECREATIONAL the Cannabis Ordinance. The Board voted to allow CANNABIS recreation cannabis dispensaries as a Special Use only in the C2 and I1 District with 22 conditions and 32 operational standards. The provision had two triggering events for the effective date. Board of Trustees Meeting July 20, 2020 Page 7 of 7 Neither provision has occurred, so the Ordinance automatically takes effect on August 1 unless the Board votes to revoke it. A special meeting would be necessary should the Board want to rescind it. Mayor Rosenthal stated the Village has discussed this Ordinance at great length. They listened to anyone who wished to speak, met with people, and answered many e-mails. The Village made restrictions that are more stringent than the State. The Board voted 5-1 in favor of the proposed Ordinance. The Village is now at the crossroads. If the Board wishes to rescind the Ordinance, it would go back to the Plan Commission. Trustee Oppenheim noted since cannabis was legalized in Illinois, there have been $239 million in sales with $52 million revenue to the State. Even with the pandemic, this is raising revenue. Trustee Struthers noted there is a dispensary in the Village of Mundelein and their budget is in line and has not fallen. PUBLIC COMMENTS Mr. Street indicated there were no additional public comments received during the meeting. ADJOURNMENT There being no further business or discussion, Trustee Shapiro moved to adjourn the meeting. Trustee Seiden seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:26 p.m. The next regular Board of Trustees meeting is scheduled to take place on Monday, August 3, 2020 at 7:30 p.m. APPROVED: 5",401 Mayor ATTEST: 2� Village Clerk