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10/19/2020October 19, 2020 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal remotely on October 19, 2020. 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 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 Recording Secretary Jeri Cotton lead those in attendance in reciting the Pledge of Allegiance. VOLUNTEER ENGAGEMENT Mayor Rosenthal reported the Volunteer COMMISSION APPOINTMENTS Engagement Commission recommended the following Commission appointments: Susie Wexler to Chairperson of the Community Relations Commission Susie Kessler to Chairperson of the Volunteer Engagement Commission Trustee Struthers moved to accept the Volunteer Engagement Commission's recommendations. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) DOCUMENT APPROVAL Trustee Jester moved to accept the minutes from the September 29, 2020, Committee of the Whole meeting and the October 5, 2020, Board of Trustees meeting. Trustee Oppenheim 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 Oppenheim moved to approve the Bills and Payroll dated October 19, 2020. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) Board of Trustees Meeting October 19, 2020 Page 2of10 NAYS: None (0) PUBLIC COMMENT Mayor Rosenthal explained 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 was no one present at Village Hall for Public Comment on non -agenda items. Mr. Fitzgerald confirmed there was no one present on Zoom for comment on non -agenda items. Mr. Street read an email regarding Pubic Works burning excess diesel. Danielle Moldenado believes residents on Deerpath Drive are being affected by the fumes from the pump station burning excess diesel. She has contacted Public Works in the past, but is more affected due to Covid. Ms. Moldenado believes this is unsafe and unfair. Mayor Rosenthal asked if Public Works is looking into the situation. Mr. Street noted Public Works is looking into it. He noted they are not burning off excess diesel; rather, running the generator. REPORTS CONSIDERATION AND ACTION ON THE REQUEST FOR AN AMENDMENT TO DEERFIELD SQUARE PLANNED UNIT DEVELOPMENT FOR THE REDEVELOPMENT OF MULTITENANT BUILDING 7 (OCCUPIED BY RHAPSODY CAFE RESTAURANT AND FORMER WAREHOUSE RESTAURANT SPACE) WITH NECESSARY EXCEPTIONS TO PERMIT THE ESTABLISHMENT OF A RESIDENTIAL APARTMENT DEVELOPMENT AT 833 DEERFIELD ROAD IN THE SHOPS AT DEERFIELD SQUARE; A TEXT AMENDMENT TO THE DEERFIELD ZONING ORDINANCE TO PERMIT AMENITY AND UTILITY AREAS FOR RESIDENTIAL USES ON THE FIRST The petitioners are requesting approval of an amendment to a commercial PUD to permit the redevelopment of Building 7 into a residential apartment building at 833 Deerfield Road in the Deerfield Square PUD with necessary exceptions to the Zoning Ordinance, a Text Amendment to the Zoning Ordinance to permit amenity and utility area for a residential use on the first floor of a multiple family development in a commercial PUD, and a Text Amendment for identification signage. The Plan Commission held a Public Hearing on September 24, 2020, to consider the request. The Plan Commission voted 6-0 in favor of the request. The development would have 40 units, including two affordable units. The proposed building has five stories. FLOOR OF A COMMERCIAL PLANNED UNIT DEVELOPMENT AS A SPECIAL Chris Siavelis with CRM Properties presented a USE IN THE C-1 VILLAGE CENTER brief overview of the proposed project, which DISTRICT; AND A TEXT AMENDMENT is where Rhapsody Cafd and the former Warehouse TO THE DEERFIELD ZONING were located. Rhapsody Cafd would relocate to the Board of Trustees Meeting October 19, 2020 Page 3 of 10 ORDINANCE TO ALLOW former Josh's location. The development has 1 and IDENTIFICATION SIGNAGE FOR 2-bedroom units with 29 surface parking spaces RESIDENTIAL USES WHEN PART OF below the apartments and 60 spaces in the existing A PLANNED UNIT DEVELOPMENT IN parking lot. Mr. Siavelis indicated they have made THE C-1 VILLAGE CENTER DISTRICT a number of changes at the request of the - (KIRBY LIMITED PARTNERSHIP) Appearance Review Commission and will appear before the ARC on October 26, 2020. Trustee Struthers noted the Village had a TIF that cost the Village several million dollars. She believes this is a permanent solution to a temporary problem. Trustee Struthers does not like the idea of a 5-story building and believes there should be commercial space on the first floor as part of the Village Center. Mr. Siavelis does not believe this is a temporary problem; this is a permanent change in the retail landscape. Consumers have changed their buying habits and the pandemic has changed it even more. Mayor Rosenthal noted before the pandemic, the retail environment was changing to service businesses. In order to keep the existing restaurants and retail, the apartment buildings bring a nice synergy. There are apartments across the street where the first floor is not retail. Trustee Oppenheim noted the Village has heard that this is the problem area at Deerfield Square because of the railroad tracks. She believes a transit -oriented complex is extremely appropriate. This kind of housing is in demand and would bookend the Village Center. She thinks this is an appropriate use for the space. Trustee Jester noted the affordable housing requitement has already been played in this case. He believes four units, which is 10 percent, should be set aside for affordable housing. He is not in favor of this project without 10 percent being affordable housing. Trustee Jester believes the apartment concept is fine. Mayor Rosenthal noted the Plan Commission is looking at an Ordinance for affordable housing. One of the parameters would require a project with 50 apartments to set aside two units as affordable housing. It would be on a sliding scale. Trustee Jester believes the Village needs the ability to negotiate the affordable housing. Trustee Seiden noted that 19 years ago, when there was a TIF, this was going to be a downtown Deerfield shopping area. He understands retail is going away, but believes there is still room for restaurants. There was a requirement for a certain number of restaurants and retail establishments at that time. He hopes there will be more restaurants when the pandemic is over. Trustee Seiden is not satisfied with the traffic study. There is a problem because a traffic study done today will be quite different. A traffic study from four years ago is also not relevant. Trustee Seiden is concerned with the height of the building, stating it may create a canyon effect and does not see how this is different than the proposal for northeast quadrant. Trustee Seiden is concerned that we do not want to limit a particular business, but we have a number of multi- family housing units being built and is concerned there will not be enough demand. Trustee Seiden does not want empty buildings in the Village. There is no guarantee it will be full and he is concerned about the traffic. Board of Trustees Meeting October 19, 2020 Page 4 of 10 Trustee Shapiro noted the report does not show any plans to build out roof for resident access or green space. Mr. Siavelis explained the roof has no green plans due to financial constraints and the return on investment. Trustee Shapiro suggested the petitioner should consider green space by sharpening pencils. He would also prefer more than two affordable units noting the Trustees have discussed this for several months. Trustee Shapiro is not concerned about the building height. He noted if the Village wanted first floor retail, the building would have to go up. Mr. Siavelis will run the numbers for four affordable housing units. Trustee Shapiro believes there are more than enough retail vacancies in the Village and noted there is not a shortage of available space for restaurants. Trustee Shapiro questioned whether a coffee shop would survive in the building with 60-80 residents. Mr. Siavelis noted 833 Deerfield is an inferior location for retail and expressed concern there will be more open retail space in the center coming forward. Mayor Rosenthal expressed concern about the monument sign blocking the sidewalk. Mr. Siavelis indicated they would follow the ARC recommendation and put the signage on the existing retaining wall. Plan Commission Chair Larry Berg believes the petitioner made great strides in considering recommendations from the Plan Commission prefiling conference and the ARC. Planning and Design Specialist Liz Delevitt noted the ARC felt that they took major strides to try to accommodate their questions. The ARC still has concerns about the lack of character to the building. It is a big, boxy mass where the rest of Deerfield Square has gabled roofs and changes in elevation. The ARC believes the building is too modern for downtown Deerfield. In addition, the Appearance Code does not allow balconies along major streets. They did make the balconies inset, but the ARC would prefer no balconies along Deerfield Road. Trustee Benton noted the Trustees have spoken often about Transit Oriented Developments. This location is approachable by train and bus. It adds a great degree of attraction to the project. Trustee Oppenheim moved to accept the report from the Plan Commission and direct the Village Attorney and staff to prepare documents for the first and second readings for future agendas. Trustee Benton seconded the motion. Trustee Struthers suggested putting off the vote until the petitioner gets back to the Village on what they will do with affordable housing. Trustee Shapiro suggested considering an alternative motion with four affordable housing units. Assistant Village Manager Andrew Lichterman explained this is a PUD. The developer will need to submit final development plans to the Plan Commission before coming back to the Board. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro (4) NAYS: Seiden, Struthers (2) REPORT AND RECOMMENDATION OF Assistant to the Director of Public Works and THE PUBLIC WORKS AND Engineering Justin Keenan reported since 2001, ENGINEERING DEPARTMENT RE: the Public Works department has installed Board of Trustees Meeting October 19, 2020 Page 5 of 10 WATER METER HEAD automatic meter reading (AMR) heads, along with REPLACEMENT PROGRAM brass body water meters. The Water Division has worked to replace them; however, a growing number of meter heads are nearing the end of their battery life and are in need of replacement. The current AMR technology is now obsolete and with the large number of meter heads needing replacement, it is the appropriate time to consider overhauling the entire system. Staff has investigated two meter head replacement options, cellular and fixed network. The fixed network system collects metering data by means of strategically placed radio infrastructure, antennae. A radio signal pulse is sent from each residential and/or commercial meter every 15 minutes to a network owned by the Village. The Cellular Network System utilizes meter heads with built in cellular technology. The cellular device sends a signal through a cellular carrier network, which collects the data and routes it to our network. The water meter head replacement project is scheduled to take four years, completing one quadrant each year beginning with the northwest quadrant. The fixed network system would be more expensive in the first year but would be less expensive in years two through four. The Public Works and Engineering Department recommends that Village Board accept a hybrid approach using both systems. Residential meters will be replaced with fixed network meter heads and commercial meters will be replaced with cellular heads. Additionally, instead of installing the gateway collectors for residential meters, staff can read fixed network meters via the drive by method currently used. This will save a total of $343,200 over 20 years since the gateways would need to be replaced twice. Trustee Jester asked why the Trustees have not heard about meter issues in the past. Mr. Keenan noted they used to replace a few meters a month. Now, there are a number of meters to replace due to their age. Trustee Oppenheim asked if staff would read the meters manually indefinitely. Mr. Keenan noted gateway collectors can be installed, but are not ideal for some locations. He believes manual reading is workable on a long-term basis. Trustee Oppenheim moved to accept the report and recommendation of the Public Works and Engineering Department regarding water meter head replacement program. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION OF Mr. Keenan reported the Village currently manages THE PUBLIC WORKS AND more than 6000 commercial and residential meters. ENGINEERING DEPARTMENT RE: The cost to replace the meter head material is WATER METER REPLACEMENT VERF approximately $1,654,250. The amount has been planned as part of the 5-year CIP that is currently under consideration. All combined, the AMR meter heads, and meter bodies have a total present value of $2,840,258. This cost will likely increase over the next 15 years; therefore, the future value of all metering infrastructure in 15 years is $4,425,030. Board of Trustees Meeting October 19, 2020 Page 6 of 10 The Public Works and Engineering Department recommends the creation of a water meter replacement fund. Using accurate water meters is essential to accurately track water usage for billing purposes and to abide by Illinois Department of Natural Resources requirements for reducing unaccounted for water. Funding the future replacement cost years in advance will allow the department to replace meters on schedule without drawing out of future general fund revenues. If accepted the proposed fee would be added to the annual fee schedule beginning on January 1, 2021, and included on water bills. Trustee Jester noted the ongoing year -over -year cost of replacing the meters would be accumulated. The report suggests replacing the meter right now and putting money away to replace meters in 20-30 years, assuming we can make a reasonable estimate of the cost increase percentage. Trustee Jester recommends starting to accumulate based on current costs. The VERF will continue to grow, if invested. Trustee Jester does not follow the math and it seems to be inflated. Trustee Seiden understands taking the present value, but this will draw interest. The interest needs to be computed as well. Mr. Keenan explained staff has gone with the full value. Trustee Struthers thought the Village would charge when meters are replaced rather than having a cumulative charge. The Village investment options are very limited, especially now. Staff could work on adding interest, but at this time, the calculation does not include interest. Trustee Jester asked if this line of thinking is the same as what is used when buying police vehicles. Mr. Burk explained they estimate the replacement cost and divide it by the useful life of the equipment. Director of Public Works and Engineering Bob Phillips stated when the Village purchases a piece of equipment, they take todays value, estimate the future value with an escalator of 3 percent and divide by the number of months in the useful life. Trustee Jester noted the Village is talking about sending someone a bill. We need to be able to relate it to a piece of hardware. Mr. Keenan explained using the present value of $2.8 million and increasing by 3 percent each year gets the $4 million. We have not calculated the interest. Trustee Seiden likes idea of adding 3 percent each year and coming up with a factor for interest. Mr. Phillips noted this year, the Village is starting to replace the heads. In 15 years, the Village will need to replace heads and bodies. Brass body has a 30-year lifespan. The meters are currently 15 years old and in 15 years, need to replace the meters. Trustee Seiden suggested coming up with some figure in the future and some figure they are applying today and putting into savings account for the future. Mr. Burk explained staff can factor some level of interest. Mr. Street suggested recalculating it every year based on the replacement cost. Mayor Rosenthal explained staff is trying to keep it as simple and explainable as possible. Trustee Shapiro moved to accept the report and recommendation of the Public Works and Engineering Department regarding water meter replacement VERF. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) Board of Trustees Meeting October 19, 2020 Page 7 of 10 REPORT OF STAFF RE: COMMUNITY Assistant Village Manager Andrew Lichterman SOLAR CLEARINGHOUSE SOLUTION reported the Village Board passed a Resolution (CS2) PROGRAM UPDATE supporting the CS2 program for residential and small business customers. Since that time, member communities of the North Shore Electricity Aggregation Consortium (NSEAC) issued a Request for Commitment (RFC) to 63 community solar developers with projects under development in Illinois. The NSEAC requested the assistance of the Metropolitan Mayors Caucus (MMC) to facilitate a municipally sponsored community solar pilot program for their residents using the resources of the CS2 program. The MMC is a membership organization representing 275 municipalities in the Chicago region and the NSEAC communities are the first members to participate in the pilot program and will participate in structuring the program offer for residents. They drafted a direct mail postcard which will be mailed next week and will allow residents to submit a reservation for solar. Once customers are placed on wait list, the matching will begin. All paperwork will be completed by the customer, electronically. The benefit of the program is to support solar energy. The average residential single-family home would save approximately $130 per year. No solar panels, no costs and ability to cancel at any time. Mayor Rosenthal noted in addition to the savings, this is a green initiative. For more information, visit www.Deerfield.il.us/communilysolar. Trustee Seiden believes this is a wonderful thing. He frequently gets requests from other companies and asked that the Village of Deerfield is prominent in the information. CONSENT AGENDA There were no items on the Consent Agenda There was no Old Business. OLD BUSINESS NEW BUSINESS ORDINANCE 0-20-23 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2020, OF THE VILLAGE OF DEERFIELD — 2R An Ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2020, of the Village of Deerfield. Mr. Burk explained the Village is able to refund the 2010A bonds resulting in saving on interest. Second reading. Mr. Burk noted the numbers are based on the auction held this morning. The Village received very favorable results which will save the Village about $899,00 over next 10 years. Anthony Board of Trustees Meeting October 19, 2020 Page 8 of 10 Micelli, Senior Vice President with Spear Financial, reported they took bids on the General Obligation Refunding Bonds, Series 2020, which were Series 2010 Bonds. Through open auction, they received 26 bids from six bidders. The recommended bid is from FHN Financial at rate of 1.0244. The resized issue had a final true interest of 1.0233 percent. This does not extend the repayment of the 2010 bonds. The Village rating is Aaa. Trustee Seiden moved to adopt the Ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2020, of the Village of Deerfield. 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 and Board members thanked Mr. Burk and Mr. Micelli for the successful outcome. AUTHORIZATION TO ENTER Mr. Street noted the Village retained Kane, PROFESSIONAL SERVICES McKenna and Associates, Inc in the past when AGREEMENT WITH KANE, considering the Deerbrook and Jewel proposals. MCKENNA AND ASSOCIATES, INC. The Village has a good working relationship with FOR ECONOMIC DATA ANALYSIS them and they are well respected professionals. He noted this is for the Reva Development. Staff recommends retaining Kane McKenna and Associates, Inc. to perform economic data analysis and related services in the amount not to exceed $20,000. Trustee Shapiro moved to enter a professional services agreement with Kane, McKenna and Associates, Inc. for economic data analysis in an amount not to exceed $20,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) CONSIDERATION OF THE EXTENSION On March 16, 2020, Mayor Rosenthal issued a OF MAYOR ROSENTHAL'S MARCH Declaration of Emergency for the Village of 16, 2020 DECLARATION OF Deerfield related to the COVID-19 emergency. The EMERGENCY Declaration and the Mayor's Supplementary Orders will expire at the end of this Board of Trustees meeting unless the Village Board extends the duration of the Declaration. Trustee Seiden moved to extend the Mayor's March 16, 2020, Declaration of Emergency until the end of the next regular meeting of the Village Board on November 16, 2020. Trustee Oppenheim seconded the motion. The motion passed by the following vote: Board of Trustees Meeting October 19, 2020 Page 9 of 10 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) DISCUSSION FIXING INTERSECTIONS Trustee Struthers would like Lake County to be more forthcoming when fixing intersections near schools. The pathway was piled with construction debris and she hopes it is fixed soon. Mr. Phillips noted they are planning to pour the remaining sidewalk shortly and the access would be restored on Wednesday. Mayor Rosenthal indicated the Caruso parking lot needs to be cleared out as well. LEAVES Trustee Seiden noted two houses have already piled leaves in the street and the leaves are being caught in the sewers. He asked what can be done to let people know. Trustee Struthers believes landscapers are putting leaves in the wrong place. Mayor Rosenthal noted the Village needs to keep reinforcing it the best we can. She suggested sending out an e-blast. Trustee Benton suggested reminding people about the adopt -a -grate program as well. Trustee Struthers noted people need to put leaves on the grass so the sidewalks are not blocked. Mr. Phillips explained the Village will start picking up leaves next week and continue through Thanksgiving. Trustee Seiden suggested using door hangers. VOTING Trustee Jester expressed concern about people not social distancing when waiting to vote. Trustee Oppenheim noted you do not need to wait in line if you are dropping off a mail -in ballot. She indicated there are drive -by drop boxes in Lake County. Trustee Benton noted a news report said Wednesdays and Thursdays are lighter days. Mr. Street reminded residents that early voting is at the Township, not Village Hall. FARMERS MARKET Mayor Rosenthal thanked the Farmers Market Committee and staff for a good Farmers Market season. Patrons and vendors were very happy. COVID-19 Mayor Rosenthal reminded residents that the Numbers for Covid-19 are going up in Deerfield. She finds it so discouraging and upsetting that people are not following simple rules — wear a mask, social distance, wash hands and don't congregate in groups. We are hurting the schools, businesses and ourselves by allowing disease to spread in community. PUBLIC COMMENTS Mr. Street indicated there were no public comments received during the meeting. ADJOURNMENT There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously by the following vote: Board of Trustees Meeting October 19, 2020 Page 10 of 10 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) The meeting was adjourned at 9:16 p.m. The next regular Board of Trustees meeting is scheduled to take place on Monday, November 2, 2020, at 7:30 p.m. APPROVED: Mayor ATTEST: Village Clerk