02/06/2023February 6, 2023
The regular meeting of the Board of Trustees of the Village of Deerfield was called to order on
February 6, 2023, at 7:30 p.m. at Deerfield Village Hall. The clerk called the roll and announced
that the following were
Present: Dan Shapiro, Mayor
Robert Benton
Larry Berg
Elaine Jacoby
Rebekah Metts-Childers
Mary Oppenheim
William Seiden
and that a quorum was present and in attendance. Also present were Village Manager Kent
Street and Steven Elrod, Village Attorney.
PLEDGE OF ALLEGIANCE Mayor Shapiro led those in attendance in reciting
the Pledge of Allegiance.
PROCLAMATION: BLACK HISTORY Mayor Shapiro proclaimed February 2023 as
MONTH National Black History Month in Deerfield and
called upon all people of Deerfield to honor
and celebrate the history and contributions of African Americans in our community, our State
and our nation.
Mayor Shapiro noted the Dunn Museum is hosting "Through Darkness to Light:
Photographs Along the Underground Railroad" this month which includes artifacts and photos
from Deerfield.
Trustee Oppenheim moved to accept the Proclamation. Trustee Benton seconded the motion.
The motion passed by following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
APPOINTMENT The Volunteer Engagement Commission
recommended the appointment of Nisa Salins to the
Community Relations Commission.
Trustee Seiden moved to accept the recommendation. Trustee Metts-Childers seconded the
motion. The motion passed by following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
Board of Trustees meeting
February 6, 2023
Page 2 of 10
DOCUMENT APPROVAL Trustee Oppenheim moved to approve the minutes
from the January 17, 2023, Board of Trustees
meeting. Trustee Benton seconded the motion. The motion passed by following vote:
AYES: Benton, Berg, Metts-Childers, Oppenheim, Seiden (5)
NAYS: None (0)
ABSTAIN: Jacoby (1)
TREASURER'S REPORT Finance Director Eric Burk reported there will be
some slight adjustments before finalizing and
auditing the annual report. He noted sales tax exceeded expectations. Mr. Burk reported hotel
tax reflects payments from all six hotels, plus one back payment. Mr. Burk stated the Village is
missing one payment but is working to correct that. Mr. Burk noted the taxes were received by
the Village in December and the balance will be received shortly. Mr. Burk pointed out notable
expenditures include engineering and construction costs, budgeted transfer to the 2011 B sinking
fund, police pension contribution, allocation of leaf season costs to the refuse fund and three
payrolls.
BILLS AND PAYROLL Trustee Benton moved to approve the bills and
payroll dated February 6, 2023. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
PUBLIC COMMENT Chris Goodsnyder commended the Board on the
plans to shift a majority of Village vehicles to
electric vehicles. He encouraged residents to make use of green technologies and asked the
Board to consider programs to help residents utilize green technologies.
CONSIDERATION AND ACTION ON
THE PLAN COMMISSION
RECOMMENDATION ON THE
REQUEST FOR A SPECIAL USE TO
ALLOW A MASSAGE
REPORTS
Mr. Street reported the Plan Commission held a
Public Hearing on December S, 2022, to consider
the request for a Special Use to allow a 2,000
square foot massage establishment to be located at
405 Lake Cook Road and a parking exception to the
ESTABLISHMENT LOCATED AT 405 Deerfield Park Plaza Planned Unit Development.
LAKE COOK ROAD, UNIT A3 IN THE The petitioner is not requesting any exterior
DEERFIELD PARK PLAZA SHOPPING modifications but will be asking for a wall sign
CENTER AND A PARKING EXCEPTION above the tenant space. The Plan Commission
TO THE DEERFIELD PARK PLAZA voted 5-0 in favor of the request.
PLANNED UNIT DEVELOPMENT
Board of Trustees meeting
February 6, 2023
Page 3 of 10
The Appearance Review Commission (ARC) held a
workshop meeting on November 28, 2022, to consider the request. The ARC had no issues with
the proposed wall sign and approved the wall sign, pending Board approval of the Special Use.
Petitioner Elliott Pod, representing property owner Sherwood Blitstein, noted parking was a big
issue but was discussed.
Trustee Oppenheim moved to accept the report and recommendation of the Plan Commission
and direct the Village Attorney to prepare the Ordinance. Trustee Berg seconded the motion.
The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
CONSIDERATION AND ACTION ON
The Plan Commission held a Public Hearing on
THE PLAN COMMISSION
January 12, 2023, to consider a request for an
RECOMMENDATION ON THE
amendment to the Rosebud Restaurant Special Use
REQUEST FOR AN AMENDMENT TO
to permit a 1,446 square foot expansion of the 4,967
THE ROSEBUD RESTAURANT SPECIAL square foot restaurant located in the Deerfield
USE TO PERMIT THE EXPANSION OF
Square Shopping Center. The restaurant expansion
THE ROSEBUD RESTAURANT INTO
would provide for private dining rooms and
THE ADJACENT UNIT B TENANT
additional indoor seating. It would not affect or
SPACE LOCATED IN THE 711
change the existing outdoor patio area or the daily
DEERFIELD ROAD BUILDING IN THE
hours of operation. The petitioner proposes new
DEERFIELD SQUARE SHOPPING
awnings and window treatments for the expanded
CENTER
space that will tie in with the existing restaurant
exterior. The Plan Commission voted 7-0 in favor
of the request.
The ARC reviewed the proposal at their November 28, 2022, workshop meeting and approved
the change, pending Board approval for their Special Use Amendment.
Chris Siavelis with CRM Properties and Deerfield Square Shopping Center noted they are not
requesting additional signage. He stated Rosebud was going to do a pickup concept, but decided
to expand for additional seating and private dining.
Trustee Metts-Childers moved to accept the report and recommendation of the Plan Commission
and direct the Village Attorney to prepare the Ordinance. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
Board of Trustees meeting
February 6, 2023
Page 4 of 10
Mr. Siavelis provided an update on Deerfield Square. He stated The Loft space has been leased.
Mr. Siavelis reported they are working on securing a second -floor tenant for the former Barnes
& Noble space. Mr. Siavelis noted they are also working on a 5,000 square foot high end
apparel user for the first floor and there will be 2-3 additional bays for retail.
CONSIDERATION AND ACTION ON
THE PLAN COMMISSION
RECOMMENDATION ON THE
REQUEST FOR A TEXT AMENDMENT
TO ALLOW A DRIVE-THRU
RESTAURANT IN THE C-1 VILLAGE
CENTER DISTRICT AS SPECIAL USE;
A SPECIAL USE TO PERMIT THE
ESTABLISHMENT OF A DRIVE-THRU
RESTAURANT WITH AN OUTDOOR
SEATING AREA; AND APPROVAL OF
PROPOSED MENU BOARDS AT 560
WAUKEGAN ROAD FOR A SHAKE
Mr. Street reported the Plan Commission held a
Public Hearing on October 27, 2022, that was
continued to January 12, 2023, to consider the
request for a Text Amendment to allow a drive-
thru restaurant in the C-1 Village Center District
as a Special Use; a Special Use to permit the
establishment of a drive-thru restaurant with an
outdoor seating area and approval of proposed
menu boards at 560 Waukegan Road for a Shake
Shack. The existing Rosebud Restaurant will be
raised and a new 3,460 square foot restaurant will
be constructed with an 813 square foot outdoor
seating area.
SHACK RESTAURANT
Following the first Public Hearing, the Village
engaged Kimley-Horn to conduct a peer review of the KLOA traffic study and provide a written
assessment to verify that the analysis and methodologies used in the KLOA study were
acceptable, and make recommendations to the site plan as well. Kimley-Hour's written reports
are contained in the packets. Also, following the October 27 public hearing, the petitioner took
the feedback from both the Plan Commission and the Appearance Review Commission (ARC)
and made changes to their site plan which included: relocating the Waukegan Road access drive
so to avoid the Village streetscape easement and ComEd utility pole; changing the proposed
Waukegan Road access drive to include one outbound left turn lane, one outbound right turn
lane, and one inbound lane; installation of a 7-foot high wood fence and increased landscaping to
enhance the screening from neighbors to the south and the west; increased plantings onsite at the
southwest corner in order to create more buffer from neighbors; relocated the trash enclosure to
screen it from Waukegan Road; eliminated wall signs on top of canopies on the north and east
building elevations and added wall signs only on the north, south and east building elevations.
The Plan Commission voted 7-0 in favor of the request, subject to menu board brightness,
delivery and garbage pickup time restrictions.
The ARC had a preliminary meeting with the petitioner and met again with the petitioner on
January 23, 2023. The ARC approved most of the exterior items proposed by the petitioner at
the January 23, 2023, meeting and has scheduled a meeting for February 27, 2023, to finalize the
building's exterior materials.
Mitch Goltz with GW Properties, Luay Aboona with KLOA and Justin Opitz with Kimley-Horne
were present. Mr. Goltz noted they made a number of changes since their initial concept
presentation including implementing taller plantings, a 7-foot wood fence on the south and west
sides to eliminate any chance of light or noise spillage, and hours of operation.
Board of Trustees meeting
February 6, 2023
Page 5 of 10
Mayor Shapiro asked about the stacking for the drive-thru. Mr. Goltz reported there is stacking
for 18 vehicles, which is more capacity than needed. The typical stacking needed is 10-12
vehicles.
Trustee Oppenheim noted both employees and patrons of Renu Day Spa have been utilizing the
parking lot. Mr. Goltz stated there is no written agreement in place, but they will work with
Renu to be a good neighbor. Trustee Oppenheim noted a few spaces were removed to add
landscaping to the westernmost area off Central. Mr. Goltz noted there is more parking than
what is required by code, and removing the trees made it safer for vehicular traffic.
Trustee Metts-Childers asked about potential trash odors. Mr. Goltz stated Shake Shack will
have daily trash pickup to ensure the trash does not stay long and create additional odor. Mr.
Goltz noted they will follow whatever protocol is needed.
Mayor Shapiro asked about the community outreach to Coromandel. Mr. Goltz stated they were
concerned about noise and odor, so Shake Shack added larger plantings and a 7-foot tall fence
for additional screening. The concerns of apparent light and sound spillage were addressed.
Jamie Brown lives on Central. Deerfield is quaint, quiet and peaceful because of the existing
Zoning Ordinances. She expressed concern because of the drive-thru, as the business is not
zoned for a drive-thru currently. Changing the zoning will change the vibe of Deerfield. Putting
a drive-thru adjacent to residential units will disrupt the residents that chose to live in Deerfield
for the quiet.
Dave Loughnane is a Coromandel resident. He believes the proposed site is too small for a
drive-thru restaurant. The site is in a primarily residential area and does not have stop lights
making it an inappropriate site for a drive-thru. The Vernon Hills Shake Shack has a drive-thru,
but it is in a commercial area. The proposed footprint will cause tremendous traffic issues for
residents of Central Avenue. There is insufficient parking and will have a negative impact on
residents.
William Erhart is president of the Central Avenue row homes association. The HOA of South
Commons and Coromandel represents over 500 properties. They are against the proposal
because of the negative effects of a drive-thru restaurant including an increase in traffic, parking
and noise challenges, as well as an increase in crime and negative property values.
Emily Vander Stoep lives on Central Avenue. She does not feel she was listened to or
recognized by the Plan Commission. She questioned why there will be a drive-thru on Central,
which has visual impediments, a fire station and is in a residential area. The noise and lights will
affect the residents. Adding a drive-thru to a residential community will not maintain the
integrity of the community.
David Levine lives in South Commons. He does not believe Shake Shack has thought this
through. The Vernon Hills location had slow service, food was cold and the site was not planned
Board of Trustees meeting
February 6, 2023
Page 6 of 10
properly. Mr. Levine does not believe the traffic plan is sufficient and people will cut through
the residential areas to navigate through town. There is no waiting area to accommodate the
slow service. Shake Shack only has 11 drive-thrus in the country.
Abby Levine lives on Commons Court. There have been traffic studies but the residents have
done real life studies trying to make a left turn onto Waukegan Road. Ms. Levine does not
believe Shake Shack belongs in this space as it is too large of an operation for the small space on
a residential street. It will negatively affect a lot of people as there is no turn lane and no stop
light. People will not be able to turn in and out of the restaurant. It will cause a lot of undue
hardship to anyone driving on Waukegan Road. She suggested a Shake Shack with no drive thru
or a Shake Shack with a drive-thru in a different location.
Ruth Parciak lives on Central Avenue. When Rosebud came into the Village, patrons and
employees were parking on Central. Residents could not find parking. Shake Shack will have
more patrons than Rosebud.
Felix Moran lives on Central Avenue. He believes the development is very nice, but the location
is wrong. He looked at the KLOA gap study which was done on a Saturday. Weekdays have
more traffic. Mr. Moran noted this location will not have a franchisee, but will be a corporate
location. The corporation received a small business PPP loan and were shamed into returning
the money. He does not believe Shake Shack will be a good neighbor.
Arnold Footle lives on Country Court. He has seen a number of restaurants come and go in the
Village. Mr. Footle believes there are too many restaurants in the Village and the Village can do
better.
James Stimola lives on Central. He chose Deerfield for the feel of it. He is concerned about cut-
thru traffic on Osterman. There are a lot of people walking in the neighborhood. He is
concerned about the traffic and drive-thru.
Mr. Goltz appreciates the comments are coming from immediate neighbors. The location is on
Waukegan Road and has been a restaurant for more than 50 years. They have made changes to
improve the sightlines and intersection. The codes have been met. The drive-thra is a must for
Shake Shack. Mr. Goltz stated they will do what they can to be a good neighbor. Mr. Goltz
noted the drive-thru will help alleviate the parking challenges. Mr. Goltz believes this will be
well received in the community.
Trustee Oppenheim asked about the traffic study being completed on a Saturday. Mr. Aboona
stated the traffic studies were done on a weekday evening and a Saturday during lunchtime. Mr.
Aboona reported they also looked at making a left turn on Waukegan Road. They did gap
studies and believe there are more gaps available than people making left turns. Mr. Goltz noted
the Fire Department controls the stoplight so it will not be a hazard.
Trustee Metts-Childers asked if there was another location sought out and if a restaurant without
a drive-thru was considered. Mr. Goltz reported they need to be competitive in the marketplace
Board of Trustees meeting
February 6, 2023
Page 7 of 10
and all locations need to have a drive-thru or pickup window. Many businesses have needed to
adjust to accommodate the post-COVID customer. Mr. Goltz stated they looked at other
locations but believe this is the best site for their business and will meet their needs to serve their
customers.
Trustee Berg asked how many orders will be pre -ordered. Mr. Goltz believes the drive-thru will
be no more than 50% of the business with 20-30% pre -ordered. They will also have delivery and
catering.
Mayor Shapiro noted there was a reference to visual impediments. Ms. Vander Stoep stated
Central Avenue is not a right angle and veers left, causing vehicles to inch out onto Waukegan
Road. Mr. Goltz stated it is an angled street, but they would do what they could to help improve
visibility. They moved the access and signage already.
Trustee Benton noted Deerfield has a Plan Commission that has vetted the proposal. Residents
had the opportunity to attend their meetings, listen to the evidence and ask questions. Residents
can write to the Plan Commission as well. The Village has listened to Shake Shack and has
listened to the residents. Shake Shack has been reasonable, responsible and made changes based
on Village comments. They have been very cooperative. Trustee Benton believes this will be a
good addition to the Village.
Trustee Seiden spent time at McDonalds for a fact-finding mission and did not hear a lot of noise
with that operation. He does not believe noise will be a factor here and believes the amount of
detriment to the neighbors will be minimal. Trustee Seiden is concerned about the traffic on
Central. Ch. Bromberg noted there were two traffic reports that showed no issues. The gap
analysis showed plenty of gaps. The Plan Commission relies on the experts. A restaurant has
operated in that location for 50 years and this will be a smaller restaurant. Ms. Goldstone noted
the Plan Commission relied on two reputable companies for the traffic studies.
Trustee Jacoby stated the Plan Commission acts as a gatekeeper to what comes to the Village
Board. The petitioner listened to the neighbors and made changes to their plan to make the site
more neighborhood friendly. Trustee Jacoby noted the drive-thru directs vehicles to Waukegan
Road rather than to Central. She believes in the two traffic studies.
Trustee Oppenheim noted this residential area abuts to a commercial area. Shake Shack is
amenable to do what they can to mitigate traffic issues if they come up in the future. It will not
be good for their business if people cannot get in and out of their parking lot.
Trustee Berg recognized the ARC and Plan Commission for their hard work. There was a lot of
compromise done by Shake Shack with the proposed fence, additional landscaping and hours.
Mayor Shapiro thanked everyone for their respectfulness. The comments and dialogue made this
project much better than what was originally proposed.
Board of Trustees meeting
February 6, 2023
Page 8 of 10
Trustee Oppenheim moved to accept the report and recommendation of the Plan Commission
and direct the Village Attorney to prepare the Ordinance. Trustee Benton seconded the motion.
The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
CONSENT AGENDA
RESOLUTION R-23-03 RATIFYING A Resolution ratifying the purchase of a vehicle.
THE PURCHASE OF A VEHICLE
RESOLUTION R-23-04 REALLOCATING A Resolution reallocating the 2023 volume cap to
2023 VOLUME CAP TO THE VILLAGE the Village of Buffalo Grove.
OF BUFFALO GROVE
Trustee Seiden moved to accept the Consent Agenda and approve the Resolutions. Trustee
Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
There was no Old Business.
OLD BUSINESS
NEW BUSINESS
RESOLUTION R-23-05 APPROVING Wastewater Operations Supervisor, Brandon Janes,
AWARD OF PUMPING STATION PUMP reported last year one of the large pumps at the
AND FLOOR DOOR REPLACEMENT Warwick Pumping Station experienced a
PROJECT ASSISTANCE catastrophic failure which resulted in the
replacement of the pump. Mr. Janes noted since all
of the large pumps are original to the stations and have performed well past their expected life,
staff included a pump replacement project in the 5-year capital plan. Mr. Janes reported the
project consists of replacing the remaining five large wet weather pumps at the two stations as
well as replacing 12 floor doors (hatches) at various lift stations. Mr. Janes stated the design and
bidding is budgeted for 2023, allowing for construction in 2024. Mr. Janes reported the lead
time on the pump that was purchased is 25 weeks, and therefore it is important to complete the
design and bidding soon to ensure that work can be completed in 2024. Mr. Janes reported
Strand and Associates, Inc., was selected to complete the design and bidding for this project due
Board of Trustees meeting
February 6, 2023
Page 9 of 10
to their familiarity with the WRF division and continually delivering successful projects
throughout the Public Works Department. Mr. Janes noted the $62,500 is a budgeted expense.
Trustee Oppenheim moved to approve a Resolution awarding the pumping station pump and
floor door replacement project to Strand and Associates, Inc., in an amount not to exceed
$62,500. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
RESOLUTION R-23-06 AUTHORIZING
PURCHASE ORDER FOR BIOSOLIDS
POLYMER
Mr. Janes stated one of the by-products of
the wastewater treatment process is the production
of biosolids, which must be disposed of in
accordance with the IEPA. Mr. Janes reported that
in May of 2018, the WRF conducted jar testing and full-scale testing of polymers in coordination
with the three major wastewater polymer suppliers to select the most cost-effective product. Mr.
Janes reported the WRF has been utilizing the same proprietary polymer from Aquachem of
America Incorporated. Mr. Janes noted the Village budgeted up to $35,000 for this expense.
Trustee Benton moved to approve a Resolution authorizing a purchase order for Biosolids
Polymer from Aquachem of America Incorporated in an amount not to exceed $35,000. Trustee
Metts-Childers seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
RESOLUTION R-23-07 AUTHORIZING
PURCHASE ORDER FOR BIOSOLIDS
REMOVAL SERVICES
Mr. Janes noted this year, $65,000 has been
budgeted for biosolids removal services. The
current contract with Dahm Enterprises, Inc.,
expire on December 31, 2023.
Trustee Oppenheim asked if the EPA will make changes to the Village practice of spreading
forever materials. Mr. Janes reported the Village is involved in the Illinois Association of
Wastewater and do not believe the forever material will be an issue in the State. The Village will
do the best they can.
Trustee Oppenheim moved to waive the competitive bidding process and approve a Resolution
authorizing the purchase order for biosolids removal services from Dahm Enterprises, Inc., in an
amount not to exceed $65,000. Trustee Metts-Childers seconded the motion. The motion passed
by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
Board of Trustees meeting
February 6, 2023
Page 10 of 10
RESOLUTION R-23-08 APPROVING Tyler Dickinson, Assistant Director of Public
PAVEMENT CONDITION ASSESSMENT Works and Engineering, noted one of the
CONTRACT methods used in pavement condition investigations
is a non-destructive pavement condition survey that
is completed every three years. Mr. Dickinson reported the non-destructive technique employs a
specially equipped vehicle that drives all streets within the Village. Mr. Dickinson stated that
while driving throughout the Village, the vendor, IMS, captures video and utilizes a laser camera
array to collect pavement condition data. Mr. Dickinson noted the Village budgeted $55,000 for
this service.
Trustee Oppenheim moved to approve a Resolution approving the pavement condition
assessment contract with IMS in an amount not to exceed $47,010. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
DISCUSSION
SNOWFALL AND COLD WEATHER Mayor Shapiro thanked Mr. Phillips and the Public
Works staff for keeping the streets clear and
passable.
ADJOURNMENT There being no further business or discussion,
Trustee Berg moved to go into Closed Session
pursuant to 51LCS 120/2(c)(11) meeting. Trustee Metts-Childers seconded the motion. The
motion passed unanimously on a voice vote.
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
The meeting was adjourned to closed session at 9:18 p.m.
The next regular Board of Trustees meeting is scheduled to take place on Tuesday, February 21,
2023, at 7:30 pm.
APPROVED:
Mayor
ATTEST:
pillage Clerk