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
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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
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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.
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July 20, 2020
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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.
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July 20, 2020
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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.
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July 20, 2020
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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.
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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