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02/20/2024February 20, 2024 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order on February 20, 2024, 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 Mary Oppenheim Absent: Rebekah Metts-Childers and that a quorum was present and in attendance. Also present were Village Manager Kent Street and Ben Schuster, Village Attorney. PLEDGE OF ALLEGIANCE Mayor Shapiro led those in attendance in reciting the Pledge of Allegiance. MOMENT OF SILENCE Those in attendance observed a moment of silence in memory of Village Trustee Bill Seiden. Mayor Shapiro reported Mr. Seiden encouraged him to get involved in the Village. He was a huge contributor to the entire community. PUBLIC WORKS OBJECTIVE REPORT Director of Public Works and Engineering Bob Phillips presented highlights from the six-month departmental objectives report. Mr. Phillips reported 2023 was a busy year as the Capital Improvement Program for 2023 was completely revised due to inflation and supply chain issues. He noted the new program included the construction of a replacement water main along Waukegan Road between Deerfield Road and North Avenue, completion of the water meter head replacement project, and upgrades to the Water Reclamation Facility to include phosphorus removal. Mr. Phillips thanked the Board for their continued support, which aided in getting a $5 million grant for Hazel Avenue reconstruction. He noted engineering reviews are slightly down from last year but drainage inspections and consultations remain strong. Mr. Phillips reported the Village received a grant for a tree inventory from the Morton Arboretum. Mr. Phillips discussed sewer lining, which the Village has been doing for more than 20 years. He made a presentation showing what the sanitary sewers used to look like and how they look now. Mr. Phillips stated that through the sanitary sewer televising, the Village knows the condition of every sanitary sewer to ensure there are no deficiencies. Mr. Phillips showed a brief video from Insituform® CIPP showing the process of sewer televising. He also showed a video from Air -Inversion on steam cure CIPP installation. DOCUMENT APPROVAL Trustee Oppenheim moved to approve the minutes from the February 5, 2024, Board of Trustees Board of Trustees meeting February 20, 2024 Page 2of10 meeting. Trustee Benton seconded the motion. Mayor Shapiro abstained from the voice vote. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Oppenheim moved to approve the bills and payroll dated February 20, 2024. Trustee Berg seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) PUBLIC COMMENT There was no Public Comment. REPORTS CONSIDERATION AND ACTION ON Mr. Street reported the Board of Zoning Appeals A REPORT AND RECOMMENDATION held a Public Hearing on January 16, 2024, to OF THE BOARD OF ZONING APPEALS consider the request of Nicolas Garvey and CONCERNING A REQUEST FOR Courtney Weiler to install a 4.5-foot high fence in RELIEF FROM ARTICLE 2.04-H,3,A OF the defined front yard, located on a reverse corner THE DEERFIELD ZONING ORDINANCE lot at 725 Fox Hunt Trail, in the King's Cove FOR THE PROPERTY LOCATED AT 725 Subdivision. The allowed maximum fence height, FOX HUNT TRAIL TO PERMIT THE as specified in Article 2.04-H,3,a of the Deerfield INSTALLATION OF A FENCE WITHIN Zoning Ordinance is 3 feet. The of Board of THE DEFINED FRONT YARD 4.5 FEET Zoning Appeals voted 5-0 in favor of the request. IN HEIGHT IN LIEU OF THE MAXIMUM PERMITTED HEIGHT OF 3 FEET visibility. Mr. Garvey noted he moved to Deerfield in October and would like to install a fence. He does not believe there will be any changes to the Trustee Berg moved to accept the report and recommendation of the Board of Zoning Appeals regarding a request for relief from Article 2.04-H,3,a of the Deerfield Zoning Ordinance for the property located at 725 Fox Hunt Trail to permit the installation of a fence within the defined front yard 4.5 feet in height in lieu of the maximum permitted height of 3 feet 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, Oppenheim (4) NAYS: None (0) Board of Trustees meeting February 20, 2024 Page 3 of 10 CONSENT AGENDA ORDINANCE 0-24-03 AUTHORIZING A SPECIAL USE TO PERMIT 60,000 SQUARE FEET OF ADDITIONAL GENERAL MEDICAL/DENTAL OFFICE SPACE IN THE 707 LAKE COOK ROAD OFFICE BUILDING AND AN EXCEPTION TO THE PARKING REQUIREMENTS ORDINANCE 0-24-04 AMENDING ARTICLES 6 AND 14 OF THE DEERFIELD ZONING ORDINANCE 1978, AS AMENDED, REGARDING PERMITTED USES, SPECIAL USES, AND REGULATIONS IN THE I-2 LIMITED INDUSTRIAL DISTRICT An Ordinance amending the Special Use to permit 60,000 square feet of additional general medical / dental office space for the 707 Lake Cook Road building with the parking exception on the condition that any single -user medical / dental use more than 25,000 square feet be required to obtain a Special Use. An Ordinance amending Articles 6 and 14 of the Deerfield Zoning Ordinance 1978, as amended, regarding permitted uses, Special Uses and regulations in the I-2 Limited Industrial District. ORDINANCE 0-24-05 AMENDING An Ordinance amending Article 6 of the ARTICLE 6 OF THE DEERFIELD Deerfield Zoning Ordinance 1978, as amended, to ZONING ORDINANCE 1978, AS allow medical and dental facilities up to 25,000 AMENDED, TO ALLOW MEDICAL AND square feet as permitted uses in the I-1 Office DENTAL FACILITIES UP TO 25,000 Research, Restricted Industrial District, amending SQUARE FEET AS PERMITTED USES the parking standards for such facilities, and IN THE 1-1 OFFICE RESEARCH, amending performance standards in the 1-1 and C-4 RESTRICTED INDUSTRIAL DISTRICT, Districts. AMENDING THE PARKING STANDARDS FOR SUCH FACILITIES, AND AMENDING PERFORMANCE STANDARDS IN THE I-1 AND C-4 DISTRICTS ORDINANCE 0-24-06 AMENDING SECTIONS 2.00, 2.00-E, 2.00-H AND 12.08-D OF THE DEERFIELD ZONING ORDINANCE 1978, AS AMENDED, TO REQUIRE PLANNED UNIT DEVELOPMENT APPROVAL OF DEVELOPMENTS TWO ACRES OR MORE, AND TO ADDRESS MULTIPLE BUILDINGS AND PRINCIPAL USES ON ZONING LOTS An Ordinance amending Sections 200, 200-E, 200-H and 12.08-D of the Deerfield Zoning Ordinance 1978, as amended, to require PUD approval of developments two (2) acres or more, and to address multiple building and principal uses on Zoning lots. Board of Trustees meeting February 20, 2024 Page 4 of 10 ORDINANCE 0-24-07 AMENDING SECTIONS 2.03-D AND 14.02 OF THE DEERFIELD ZONING ORDINANCE 1978, AS AMENDED, TO REGULATE SPORTS AND RECREATIONAL COURTS ORDINANCE 0-24-08 AMENDING SECTION 9.03-C OF THE DEERFIELD ZONING ORDINANCE 1978, AS AMENDED, REGARDING CONSTRUCTION, DEMOLITION, AND RESTAURANT DRIVE-THRU MENU BOARD SIGNS An Ordinance amending Sections 2.03-D and 14.02 of the Deerfield Zoning Ordinance 1978, as amended, to regulate sports and recreational courts. An Ordinance amending Section 9.03-C of the Deerfield Zoning Ordinance 1978, as amended, regarding construction, demolition, and restaurant menu board signs. Deputy Village Manager Andrew Lichterman presented an overview of the Zoning changes including better defining which industrial uses are permitted in the Village, the traffic plan requirement, allowing medical and dental uses in the I-1 District, defining sport courts, streamlining the menu board process, construction site signage requirements, and updating the PUD process. Trustee Benton moved to accept the Consent Agenda and adopt the Ordinances. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) There was no Old Business. OLD BUSINESS NEW BUSINESS PUBLIC HEARING FOR THE PROPOSED LAKE COOK ROAD REDEVELOPMENT AREA (TIF#4) Trustee Oppenheim moved to open the Public Hearing. Trustee Benton seconded the motion. The motion passed by the following vote: Board of Trustees meeting February 20, 2024 Page 5 of 10 AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) Mr. Lichterman noted the Public Hearing was properly noticed. He reported that in the past the Village has only created TIF districts when necessary and has ended TIF districts as soon as possible. Mr. Lichterman stated the proposed TIF #4 includes the vacant Walgreens buildings on the south side of Lake Cook Road and the Embassy Suites Hotel. He reported the proposed TIF has an EAV of $145 million and a budget of $80 million. Mr. Lichterman noted the TIF is designed to not create single-family homes or large apartments that would put a strain on the schools. He reported the Joint Review Board met on January 4 and reviewed the public record, eligibility study and documents. Mr. Lichterman reported they agreed by a unanimous vote that the TIF should be approved and presented a recommendation to the Village Board. TIF Consultant Phil McKenna, from Ryan LLC, presented the redevelopment plan and project. He noted a TIF has to be consistent with the Village's Comprehensive Plan. Mr. McKenna reported the project plan and objectives include encouraging redevelopment of obsolete and/or underutilized buildings or sites, reducing or eliminating impediments to private development in the area, coordinating redevelopment activities within the proposed TIF area in order to provide a positive market signal to private investors and to further the goals and objectives of the Village's comprehensive planning efforts. Mr. McKenna reviewed the TIF mechanism, which splits property tax revenue generated within the area into two buckets; a base revenue bucket and an increment revenue bucket. He discussed the Village's strategic planning strategies and determined the TIF designation would allow the Village to pursue strategies including preserving and strengthening the commercial areas of the Village, ensuring that commercial areas contribute to a positive community image, promoting unified development and continuity in the Village's commercial area and carefully consider proposals for development or redevelopment of development sites. Mr. McKenna reported the proposed TIF district meets four out of 13 qualifying factors including the lag or decline in the EAV, building deterioration, excessive vacancies and inadequate utilities. He noted the budget represents the maximum possible expenditures and is a 23-year budget. Mr. McKenna stated TIF eligible costs include public improvements as well as potential incentives for private redevelopment. He noted the next steps include adopting the TIF Ordinances and filing them with Cook County and an annual JRB meeting to review the annual TIF report filed with the State of Illinois pursuant to the Act. Trustee Oppenheim asked how the $145 million EAV was determined. Mr. McKenna reported the number was calculated using comparable developments in the area. Mr. Lichterman added staff has worked with Ryan LLC to determine a central site plan, and that the increment works within the C-4 plans. Trustee Benton noted when the Deerfield Square TIF district came up, people were concerned about taking money from the schools; however, a well operated TIF district works well in a community. Trustee Oppenheim noted that TIF brought a lot of pleasant surprises. Board of Trustees meeting February 20, 2024 Page 6 of 10 There were no comments from the public. Trustee Benton moved to close the Public Hearing. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) ORDINANCE 0-24-09 AMENDING Public Works Analyst Ryan Oates reported the CHAPTER 21 OF THE MUNICIPAL Public Works department received a $25,000 grant CODE RE TREE PRESERVATION in 2022 to use for a tree inventory and an Urban Forest Management Plan. In accordance with this work, the grant requires updating the tree preservation Ordinance and/or the tree administration manual that the Village already has in effect to meet certain criteria. Mr. Oates noted the grant lists nineteen ordinance conditions in which the Municipal Code has already fulfilled fifteen, with one condition not needed according to the grant administrator. The major updates included in this Ordinance amendment include: 1. Explicitly state who has authority and enforcement over all trees in the Village of Deerfield; 2. Provide requirements for contracted tree maintenance; 3. Require that trees purchased by the Village adhere to the most current American Standards for Nursery Stock Arnold Footle asked what trees would be brought in due to the Emerald Ash Borer infestation and the removal of trees. He asked which trees would be more sustainable. Mr. Oates reported the Village's certified arborist has a list of trees that are more resistant to insect infestations. He stated the Village allows residents to plant trees through the 50150 Parkway Tree Program. Trustee Oppenheim noted the list used by the Village is certified by the Morton Arboretum and includes native plantings that are tougher and hardier. She noted the Village is not planting one - for -one tree replacement, as they need more sustainable plantings. Trustee Oppenheim moved to adopt the Ordinance amending Chapter 21 of the Municipal Code regarding tree preservation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) ORDINANCE 0-24-10 AMENDING Mr. Andrew Lichterman reported that the Village CLASS J LIQUOR LICENSE received a letter from V&W Oil Inc., the operator of the gas station with a convenience store located at 1460 Waukegan Road, requesting the Class J Liquor License be amended to allow the retail sale of alcoholic liquor in addition to beer and wine. He noted at an in -person meeting, the owners of V&W Oil Inc., detailed how the sale of alcoholic liquor would be conducted at their store including the installation of a secure storage cabinet, equipped with a lockable door, strategically Board of Trustees meeting February 20, 2024 Page 7 of 10 positioned behind the counter. Mr. Lichterman reported the key to the storage unit will be exclusively held by the team member on duty, thereby limiting access. He stated the proposed ordinance will allow the sale of alcoholic liquor, such as spirits, while limiting the sales area for this type of alcohol to less than 15 square feet. Mr. Lichterman noted V&W Oil Inc., has held a liquor license since 2016, and there will be surveillance cameras directed to this sales area. Dave Welch, owner of the Deerfield BP, stated he is in the process of having a lockable cabinet built with glass doors and shelves. Trustee Oppenheim noted the police department also signed off on this. Trustee Oppenheim moved to adopt the Ordinance amending the Class J liquor license for V&W Oil Inc. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) RESOLUTION R-24-17 AWARDING THE Wastewater Reclamation Facility Superintendent WATER RECLAMATION FACILITY Brandon Janes reported three sealed bids for the BIOSOLIDS LAND APPLICATION Biosolids Land Application Program contract were PROGRAM TO DAHM ENTERPRISES, publicly opened and read aloud on February 9, INC. (FY24 $78,000) `� 2024. Mr. Janes noted the contract includes requirements to completely empty the storage barn during each hauling event, as well as providing a third hauling if necessary. Mr. Janes reported Dahm Enterprises was the low bidder. Trustee Benton moved to award the Water Reclamation Facility biosolids land application program to Dahm Enterprises, Inc., for the full budgeted amount of $78,000 in fiscal year 2024. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) RESOLUTION R-24-18 REALLOCATING Communications Coordinator David Fitzgerald- 2024 VOLUME CAP TO THE VILLAGE Sullivan reported the Village has received the OF BUFFALO GROVE. ILLINOIS annual request to transfer its Private Activity Bond Allocation to the Lake County Partnership for Economic Development via the Village of Buffalo Grove. He reported the partnership pools bond allocations from several home rule municipalities and provides financing for Lake County projects in a manner similar to Industrial Revenue Bonds. Mr. Fitzgerald -Sullivan noted that since its inception, the Lake County PABC has funded nearly $200,000,000 in local projects, which has resulted in the construction of over 360,000 sq. ft. of new manufacturing space, the creation of 648 new manufacturing jobs, the renovation of 1,600 multi -family dwelling units, the purchase of an estimated 251 homes by first-time homebuyers, the expansion of a Montessori School and the construction of a new solid waste disposal cell. Board of Trustees meeting February 20, 2024 Page 8 of 10 Trustee Jacoby moved to accept the Resolution reallocating the 2024 volume cap to the Village of Buffalo Grove, Illinois. Trustee Berg seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) RESOLUTION R-24-19 APPROVING AN Mr. Oates reported the Village has initiated AGREEMENT WITH METRA RE various ecological improvements and currently LANDSCAPE PLANTINGS has ten locations that are within various phases of ecological maintenance. He noted the Village is anticipating performing native restoration in the Metra right of way on Chestnut Street and Waukegan Road. Mr. Oates reported that due to this work taking place near and within Metra's right of way, Metra requires that the contractor first acquire a Right of Entry (ROE) permit. He stated this ROE permit is required to make sure the contractor has all appropriate insurance, training, and documented agreements in place prior to the work starting. Mr. Oates reported that in order to perform work, the Village is required to sign a Landscape License Agreement with the Commuter Rail Division of the Regional Transport Authority. He noted the license agreement has been drafted by Metra and reviewed by Village Counsel. Mr. Footle asked if the public will know what type of landscaping will be installed. Mr. Oates reported the plantings will be from the native plantings list. He noted there will be signs stating native restoration is in progress. Mr. Footle believes the plantings from last year look good. He asked if the Village could put in some evening plantings. Mr. Oates stated the Village uses a certified horticulturist to select plantings. Trustee Oppenheim asked Mr. Footle to send a list of plantings that could be used in the flower pots. Howard Kirshenbaum asked if Metra is sharing the cost. Mr. Street noted Metra does not pay for Village beautification. Trustee Benton moved to accept the Resolution approving an agreement with Metra regarding landscape plantings. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) RESOLUTION R-24-20 AWARDING Mr. Oates reported staff proposes adding an CONTRACT FOR NATIVE additional pollinator garden and bioswale corridor VEGETATION MAINTENANCE AND along Chestnut Street from Greenwood Avenue to RESTORATION ON CHESTNUT the northern limits. He noted the space is 2.1 acres. STREET Trustee Oppenheim moved to waive the competitive bidding process and award the contract for native vegetative maintenance and restoration on Chestnut Street to Foot Stone, Inc., in an Board of Trustees meeting February 20, 2024 Page 9 of 10 amount not to exceed $51,750. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim, Shapiro (5) NAYS: None (0) RESOLUTION R-24-21 AWARDING Mr. Oates reported the Village currently has ten THE CONTRACT FOR 2024 NATIVE locations with multiple contracts for ecological VEGETATION MAINTENANCE AND maintenance. RESTORATION Trustee Jacoby moved to waive the competitive bidding process and award the contract for the 2024 native vegetation maintenance and restoration to Foot Stone, Inc., in an amount not to exceed $26,765. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Berg, Jacoby, Oppenheim, Shapiro (5) NAYS: None (0) THANK YOU DISCUSSION Mayor Shapiro and Mr. Street thanked Bill Seiden for his years of service. Arnold Footle thanked Mayor Shapiro for his presentation at the Patty Turner Center ADJOURNMENT 120/2(c)(2), 120/2(c)(3) and 120/2(c)(11). passed by the following vote: Trustee Oppenheim moved to adjourn the meeting to Closed Session Pursuant to 51LCS 120/2(c)(1), Trustee Benton seconded the motion. The motion AYES: Benton, Berg, Jacoby, Oppenheim (4) NAYS: None (0) The meeting was adjourned at 9:00 p.m. The next regular Board of Trustees meeting is scheduled to take place on Monday, March 4, 2024, at 7:30 p.m. APPROVED: Mayor Board of Trustees meeting February 20, 2024 Page 10 of 10 ATTEST: Village Clerk