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01/04/1982(26 January 4, 1982 PUBLIC HEARING .Lake -Cook Road Interchange A'joint'public hearing by the De'erfield'Board of Trustees and the. Plan Commission to con- sider-the possibility of a Tollway interchange at Lake -Cook Road (Legal Notice published December 17, 1981) was called to order by Village President Bernard Forrest in the-Coun- cil Chamber of the Village Hall, Deerfield, Illinois on Monday, January 4, 1982 at 8:03 P.M. The Village Clerk and Village Planner called the roll and reported the following: Board of Trustees Present: Bernard Forrest, President Marvin W. Ehlers Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York Plan Commission Present: Harriet Rosenthal, Chairman Joseph Koss Philip Prass Charles Slavis Absent: David Marks Edna Schade E Mayor Forrest.stated that since 1976 when the Village Board first considered a Lake -Cook Rd. interchange (suggested by State Senator Karl Berning, but not recommended by the Deerfield Safety Council) many developments on Lake -Cook Rd. and a great increase in traf- fic has occurred... He announced that the meeting was for fact finding and determination whether Deerfield should enlist cooperation and joint effort with neighboring communities,. property owners, and developers to petition the Tollway Commission to move upward:on its . schedule of priorities a Lake -Cook interchange. Mgr. Franz reported that a number of public bodies and private corporations had been in- vited to attend and participate in the hearing, and that some who were unable to attend had submitted written comments. He further reported that, in 1980, Riverwoods had in- itiated extensive efforts to get a full interchange at Lake Cook Rd., and with the sup- port and cooperation of neighboring communities had convinced the Tollway Authority to undertake a feasibility study. A study by Wilbur Smith & Assoc. highlighted heavy traf- fic on Deerfield and Lake -Cook Roads, especially annually growing commercial traffic and projected 25,400 vehicles per day that would use a full interchange at Lake -Cook Rd. by the year 2,000. Three types of possible improvements and cost estimates (prepared by Envirodyne Engineers) were: Ramps /North -only, $5,260,000; Ramps /South -only, $6,744,000; Full interchange, $12,000,000. It became evident that with the Tollway Authority financial feasibility is the key fac- tor in making a decisior.:.that the improvement must generate sufficient revenue to cover the capital costs. The study indicated that.North -only ramps and a full inter change would meet payback requirements as the "traffic demand at the location is high and will continue to increase. However, its low financial feasibility rank is largely attributable to high capital costs, particularly as it relates to right -of -way acquisi- tion." The report concluded that the interchange was not feasible in the immediate future, but that since "at least two scenarios show long range promise, this location should be reevaluated in future years" and that if "any significant change in potential capital costs be realized,' such as land donations or other factors, financial priority should be reestablished." Using exhibits showing Tollway designs,.Mr. Franz discussed recommendations proposed in the Wilbur Smith study. He stated that Staff was not interested in re- designing an interchange for the Tollway, but must conclude that alternate designs should be con- sidered, particularly the bridge work proposed in connection with the Southwest quad- rant (and likely the'most expensive that could have been designed) as there appear to be other options. Mgr. Franz reported that several recent studies made for Deerfield indicated that: 1) Lake -Cook Rd. is already accommodating 26,000,.vehicles daily, 2) that future develop- ment along Lake -Cook Rd. could result in 1.4 million square feet of office space, 3) Wilmot Rd. has an average daily traffic volume of .11,000 vehicles, a large. percentage of which is traffic entering or exiting the Tollway at Deerfield Rd., 4) an inter - change.at Lake -Cook Rd. will aid public safety departments in responding to and from emergencies-on-the Tollway, 5) Deerfield's Comprehensive.Plan states.that Deerfield should work with surrounding communities, Lake and Cook Counties, and regional agencies to resolve future traffic problems on Lake -Cook Rd., and.6) the.Lake County Board and Planning Commission have endorsed a Tollway interchange at Lake -Cook Rd. Mayor Forrest reported that Deerfield's consultant (for Wilmot Rd. improvements), Dona- hue & Assoc., had stated that a Lake -Cook Rd. interchange would significantly reduce traffic on Wilmot Rd. ' Mr. Remo Picchietti, Mayor of Bannockburn, who was present with other Bannockburn Board members,'stated that the inordinate amount of Wilmot Rd. traffic.was not.local traffic and would strongly urge the Tollway Commission to consider the "revitalization of that inter- change and to establish at least Northbound /Southbound exits if not a full interchange." He stated that Bannockburn would dd,its'share to "push the program ahead." Mr. Art Bess, Riverwoods Trustee, noted that Riverwoods having spearheaded the original attempt to get a Lake -Cook Rd. interchange is still ,anxious to get.an interchange as soon as possible in"order to "establish traffic patterns now" before full development in the area has occurred. Letters were received from: 1) Village of Wheeling,.reiterating its 1980 position', ask- ing the Tollway Authority fora full interchange, 2) Teradyne', Inc., favoring a full interchange or at least a Northbound exit and Southbound entrance, 3) Mr. Bernard Hattis of Tollway North Office Center, stating that an interchange would be very desirable from a traffic standpoint and beneficial to his office complex, but would involve very high land acquisition costs in that quadrant, since they have building plans for expansion ' underway and some underground improvements already made. Mr. John Casper from Baxter Travenol'Corporation was present. Mayor Forrest stated that there was a strong case for an interchange inasmuch as the Smith report had used 1978 traffic figures, did not take into consideration the great amount of development coming very-shortly, and that perhaps the $12,000,000 cost figure could be halv9d by achievable lesser plans., Trustee York pointed'out.that the report also did not take into consideration that 90% of Deerfield residents work outside'Deer- field and 90% of Deerfield employees live elsewhere. Many questions.arose, among which were:.1) would. Deerfield Rd. Tollway ingress and egress be „�,losed.if a Lake -Cook Rd. interchange was achieved? 2) how much additional traffic would be thrown onto Lake -Cook Rd. (already heavily travelled) by an interchange? 3) would there be an entrance onto the Edens Spur from Pfinsten Rd.? (favored particularly by Mr. Sven Flodstrom), etc. Mrs. Harriet Rosenthal, Plan Commission Chairman, was of the firm opinion that.a traffic study was indispensible to the resolving of these complex problems. Trustee Heisler stated that since huge sums of tax money from Lake -Cook enterprises support the North brook school system, Northbrook (not represented at the meeting) should be contacted to support an interchange. Mayor Forrest stated that the Plan Commission will submit a report to the Village Board for its January 18, 1982 meeting when.it will decide whether or not to take a position in favor of a Lake -Cook Road interchange. Upon motion by Trustee Marty and second by Trustee Heisler, the meeting was adjourned at 8:40 P.M. The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by the President in the Council Chamber of the Village Hall on Monday, Janu- ary 4, 19.82 at 8:45 P.M. All members of the Board were present and in. attendance; ” and a quorum present. Also. present were Village Attorney James Stucko and Village Manager Robert Franz. Trustee Seidman moved, seconded by Trustee Marty,. that the Minutes of'December.21, 1981 be approved as presented. Motion carried unanimously. STEIN PUD & SPECIAL USE Mgr. Franz stated that Mr. Richard Stein, LAKE -COOK RD. RESUBDIVISION owner of the western 29 acres of the Stone/ Andersen /Brandel property (I -1) was seek -. ing: 1) a 4 -lot Planned Unit Development to allow the development of four office build- ings of 105,000 sq. feet each, and 2) a Special Use to allow business and professional offices (excluding medical and dental) within.those office buildings.- After'a public hearing on December 10, 1981 and consideration of testimony and documentary evidence, the Plan Commission recommended unanimously that:'1) the proposed PUD be approved with. the variations requested, 2) a Special Use be granted'to permit professional offices, r excluding medical and dental.offices, 3) the Preliminary Plat.for a 4 -lot esubdivision be approved in conjunction with the granting of the PUD. The.Plan Commission also recommended that an overall assessment of the traffic in the southwest quadrant of.the Village be undertaken by the Village in cooperation with the residents of the area, developers, and other property owners.' Trustee Seidman questioned whether a variation should be granted to permit :fewer park- ing spaces than required by ordinance as there seems to be adequate land available. Ms. �O Ruth Wuorenma, attorney for the developer, submitted that studies indicated that the parking provisions were more.than adequate.for the type of activity envisioned for the building. Mr. Richard Joslin, architect, stated that intense landscaping within the parking lots was planned. Trustee Marty stated she did not favor and rather not see a greater than necessary expanse of black topping and felt the parking plans with landscaping were "lovely ". Trustee Heisler was of the opinion that parking was the developer's problem, and any lack would be detrimental soleiy'to the developer. He favored space used for green areas in parking lots. Trustee York agreed. Replying to Trustee Seidman's question about smaller than required loading docks, Mr. Joslin stated that the size of trucks servicing the complex would not be the huge type, but that if a large type should occasionally use a dock, it would extend only about 3 feet into the aisle. After further discussion regarding traffic data and Pine Street sewer pipes leading to the Sewage Treatment plant (judged by Staff to be adequate to handle the.proposed development) Trustee Ehlers moved, seconded by Trustee Seidman, to accept the Plan Commission's report and recommendation to: 1) approve the 4 -lot Resubdivision Pre- liminary Plat, 2)approve the proposed PUD with the variations requested, and 3) grant a Special Use to permit professional offices, exclusive of medical and dental offices, and to instruct the attorney to prepare the necessary ordinances. Motion carried unanimously. BUNDOCK RESUBDIVISION Mgr. Franz stated that upon application 980 BRAND LANE of Mr. John Bundock Jr. for a 2 -lot re- PLAN COMM.- REPORT /RECOMMENDATION subdivision of his.property at 980 Brand Lane, a public hearing was held by the Plan Commission on October 22, 1981 with petitioner represented by Mr. Henry Zander, Realtor. -The Plan Commission reported and. recommended by a vote of .6 to 0 that the proposed resubdivision be approved and noted that a storm water problem in the area would need to be addressed. Mr. Henry Zander was present. Discussion was had regarding the storm water problem in the area. Mgr. Franz stated that the resubdivision need not be held up since the storm water problem and engineering requirements will have to be met before any build- ing permit•is issued. Trustee Ehlers moved, seconded by Trustee Seidman, to.accept the Plan Commission's report and recommendation that the Bundock resubdivision Pre- liminary Plat be approved. Motion carried unanimously. MUNICIPAL CODE AMENDMENT DRIVING WHILE•INTOXICATED STAFF REPORT /RECOMMENDATION ORDINANCE NO. 0 -82 -01 cipal Code to correspond with the Illinois Mgr. Franz reported that information re- garding changes in the State law concern- ing driving while intoxicated had been •received,.and the attorney instructed to prepare an ordinance amending the Muni - Vehicle Code. ,,. Police Chief Richard Brandt, who was present, responded to Trustee Seidman's inquiry about Village equipment for administering tests for alcoholic content of motorists by stating that Breathalizer equipment is already on hand and that the department•is working toward arrangements.for labratory blood tests, etc. Trustee Seidman moved, seconded by Trustee Marty, that the rules be waived to permit passage of the ordinance on first reading. Motion carried unanimously. Trustee•Seid- man moved, seconded by Trustee Marty, that the ordinance amending Sec. 22 -19 of Article 5 of Chapter 22 of the Municipal Code be passed. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) 911 EMERGENCY TELEPHONE Police Chief Brandt stated that he had STAFF REPORT /RECOMMENDATION met with Mr. W. Mairson, 911 Coordinator . for the .Illinois Bell Telephone Co., who had suggested a 911 system which could•be implemented fairly easily at minimal cost but would not utilize Selective Routing originally planned•and which he felt essential. Chief Brandt reported that without Selecting Routing 21,000 Deerfield phones,as well -as approximately 6,000 phones in Lincolnshire, Riverwoods and.Bannockburn would reach a Deerfield dispatcher. Confusing jurisdictional problems would arise as: 1) any emergency 911 call from outside Deerfield's. jurisdiction would have to be transfer- red to its proper agency, 2) Riverwoods and Bannockburn which are in Deerfield's fire district could dial 911 for fire only, and'3) that part,of Deerfield south of Lake -Cook Rd. has a Northbrook exchange and would not reach Deerfield.by a 911 number. For such reasons, Chief Brandt recommended that Deerfield not implement a 911 system as presently suggested but wait until a Selective Routing system can be implemented. 11� 1 Discussion ensued regarding the need to educate Deerfield'ctizenry to use the non - emergency police number for ordinary inquiries, thereby leaving the regular police number free for emergency calls. It was suggested this matter could be brought to the attention of citizens via D- Tales. The possibility of supplying residents' with telephone stickers imprinted with police and fire department telephone numbers was discussed,and Mgr. Franz will look into the matter. Trustee Heisler moved, seconded by Trustee Swanson, that Staff's recommendation not to implement a 911 emergency number at the present time.be accepted. Motion carried unanimously. APPOINTMENTS MANPOWER RECOMMENDATIONS Mayor Forrest announced his wish to make the following appointments: Plan Commission - 3 year terms - Philip Prass, Charles Slavis, Michael Swartz Board of Zoning Appeals - 5 year term - David Tomchin �r Board of Building Appeals - 5 year term - Maury Lipowich Manpower Commission - 3 year terms - William R. Brown, Jean Reuther Safety Council - 3 year terms - G.G. Christenson, Jeffrey Picklin Human Relations Commission - 3 year terms - Catherine Fiorillo, Marlene Goldberger Youth Council - 3 year::terms - .Sandra Harris, Judy McCallister, Dona Henderson,- Alvin Silvian, Scott Kamber (Student) Electrical.Commission - 4 year terms - .:...James Brown, Jack Gagne, Ted Galvani, Jack Liske, Richard Osman Cable Advisory Board - Frank Battle, Jr. to 11/82; Herbert Kessle to 11/83;.* John Sanner to 11/83; Lou Adler to 11/82 ,Trustee,heisler moved, seconded by Trustee Ehlers, to approve Mayor Forrest's recom- mended appointments.. Motion carried unanimously. CONSENT AGENDA FLODSTROM SIGN MODIFICATION. 707 LAKE -COOK ROAD ORDINANCE NO. 0 -82 -02 ESCROW FUNDS RELEASED LAUREL HILL UNIT # 14 Laurel Unit 414. Ordinance permitting display of signs at a height of 45 feet above curb in lieu of the permitted 30 feet. Escrow funds in the amount of $3,825 released to Elmund and Nelson.Co. for completed street lighting work in 29 Trustee Seidman moved, seconded.by Trustee Ehlers, that the Consent. Agenda be approved. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman,.Swanson,.York (6) NAYS: None (0) Mayor Forrest signed the ordinance indicating his approval thereof.. OMNICOM CABLE TV Mr. Allan Grafman, Vice President and PROGRESS REPORT General Manager of Omnicom Cablevision, reported to the Board,,that " Omnicom able Television is on its way to Deerfield." He further reported that: 1) all apping had been completed, 2) a 3 -way walk through Deerfield with.Illinois Bell elephone Co. and Commonwealth Edison to examine poles had resulted in work orders for make - ready, construction work to the utilities, 3) Omnicom had paid in.excess.of . $108,000 for the utilities' services and hopes to get permits .from both utilities in January and start construction in February, and 4) they had had meetings with Mgr. Franz and Staff regarding construction procedures and were looking forward . to -a meeting with Dave Savner and the Cable Advisory Board. Trustee Marty remarked that "people are anxious ", and Trustee Heisler.stated -that; he ._ thought it would be good public relations for Mr. Grafman .to contact local appliance dealers about the . "technicalities of'what Cable TV will mean in relation to remote controls, video recorders, etc." so they won't be.buying equipment.they can't use. Mr. Grafman agreed, saying that a list of dealers in the general area was.being'dr.awn: up,and Omnicom.was hoping to get together with them before the end of the month. He 30 also stated that everyone in Deerfield would be contacted with printed material ex- plaining Cable TV service and their TV sets. Mayor Forrest thanked Mr. Grafman for his report. MUNICIPAL CODE AMENDMENT Trustee Marty moved, seconded by Trustee LIQUOR LICENSES Heisler, to waive the rules to permit ORDINANCE NO. 0 -82 -03 passage of the ordinance on first reading. Motion passed unanimously. Trustee Marty moved, seconded by Trustee Swanson, that Sec. 3 -9 of Chapter 3 of the Municipal Code /'&;O be amended to allow 3.Class C licenses to be in effect at one time. Motion.carried on ' the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: none (0) RECONSIDER PETITION CHESTERFIELD DEVELOPMENT CORP. Corp., requesting a rehearing home and related.signage at 25 information was not considered Mayor Forrest stated that a letter had been received from Mr. Charles Malk, attorney for Chesterfield Development regarding the,use of a sales /construction office /model Birchwood Avenue inasmuch as he believed significant at the meeting on December 21, 1981. Trustee Marty moved, seconded by Trustee Ehlers, to reconsider the matter. Motion carried, Trustee Seidman voting Nay. Mr. Malk submitted that: 1) it is possible to have a covenant running with the land in.order to restrict use of the sales office /model homes,2) Lake -Cook Rd. is a signi= ficant part of Chesterfield's ability to develop homes,, 3) Chesterfield has about 35 lots yet to be developed in Laurel Hill, Laurel Hill North, and.Laurel Hill Woodlands, 4) a sales office could be located in the Laurel Hill North area but would have "no visibility ", 5.) advertising has not been the key to development of homes, but visi- bility in the area has,promoted sales,, 6) there is'no other Chesterfield property -in Deerfield which would yield the significant visibility afforded by Laurel Hill at Lake Cook Rd., 7) Chesterfield has cherished being in Deerfield and the right to be on Lake - Cook Rd., 8) neighbors have testified that Chesterfield has made the effort to be a good neighbor and to respect requirements issued by Building and Zoning Director Chas. Smalley, 9) Chesterfield has made every effort during the year, including zero financing and contract sales, to sell homes, and has put the whole development up for sale as the owner would like to "get out of the business ", 10) Chesterfield is'interested in finish- ing up in Deerfield and solicits Deerfield's aid in helping them,by allowing them the Lake -Cook exposure for a sales office /model home, 11) Chesterfield has engaged local , realtors to try and sell.homes, but not one unit has moved, 12) top brokers in Chicago have been unsuccessful in moving the real estate. Mr. Malk requested permission to maintain.sales office /models at Lake -Cook Rd'. for nine.months until new models can be built in Laurel Hill North and, thereafter, sign - age for six months on'a vacant Chesterfield lot on .Lake -Cook Rd. in order to direct traffic to Laurel Hill North. He stated that if the Board does not grant the request, it is technically putting Chesterfield out of business as signs and visibility are needed. Responding to Mayor Forrest's inquiry about an enforceable.covenant running with the land restricting use of models, Attorney Stucko stated that a covenant was somewhat better than a contract (originally suggested by the BZA) since a covenant may contain the provision that in case of breach of the covenant the Village has the right to- bring cause of action to enforce it; a covenant would be recorded; and a breach would be reflected on the title. Trustee Heisler stated that while he sympathized with Chesterfield's marketing problems,. which were cited at the meeting on January 4, 1981 and simply,reiterated at this meet ing, he felt Mr. Malk was unjustly blaming the Board, which had granted one extension after another, for Chesterfield's problems, and he rejected the inference that the Board, rather than the economy, could put Chesterfield out of business. He further stated that while he did not doubt that Chesterfield's intentions were 100% honorable, he felt that the homes have been used for sales offices long enough and people in the area have certain rights. Moreover, he felt that Board action should not be based on the marketing problems of any Deerfield,.business. Trustee York disagreed with Mr. Malk's contention that signage and sales office/ model homes on Lake Cook Rd. Chesterfield houses can not be sold. He noted that 350 homes were sold in Deerfield by realtors in the last year, and was of the opinion that . the houses can be moved through multiple listings (providing a sales.force of 500 real - tors) if.the houses are priced right. He further stated that irrespective of the Board's decision regarding the sales office /model homes, he would favorably consider a petition accompanied by an artist's rendering for a small, neat, high class sign to be erected for a period of 6 months on a Chesterfield lot.at. the corner of Birchwood and Lake -Cook Rd. V Trustee Heisler moved; seconded by Trustee Swanson, that the recommendation of the BZA be accepted and the sales office /model homes.be terminated. Motion carried unanimously. REPORT ON NORTRAN LOAN Mr. Robert Benton, Deerfield's represen- "BY ROBERT BENTON tative to Nortran, stated that the subur- ban loans' made to Nortran ($10,000 by Deerfield) had kept Nortran operating. .Nortran was the only transit agency that ran in its entirety and Mr. Benton pointed out that Deerfield got a great deal of value or its money even though a surcharge was imposed-on fares. He further stated that e had expected the,RTA to be in a better financial position and to pay back loans'•by he end of the year, though they did pay back -wages to drivers. While RTA now states that they don't have money to pay back the loans, they have affirmed they want the loans,to be repaid and will do so. There is about $1.9 million in a special. Lake County RTA fund which must be spent in Lake County, and there is a good possibility that RTA will repay from that fund.. Mr. Benton noted that Deerfield was rather for- tunate in owing Nortran and RTA (because of former Dial -a -Ride service) just about as much as they owe Deerfield. Nortran will try as soon as possible to cut its operating budget, without interrupting service, in order to get the loan money back to the com- munities out of Nortran's operating budget (which might take a year) until such time as RTA.moves to fund Nortran. Mr. Benton stated that he would appreciate the Board's tabling for a month its request for repayment until there is a "reading on the Lake County fund." But, if the Board elects not to table its request, he asked that a cross transfer be made,.with Deerfield taking the $10,000 principal but holding off on,the interest for the moment, permitting Nortran to pay "interest on the interest ".later on. He noted that while RTA did not commit itself to repay loans with interest, Nortran felt-that interest repayment was important and will pay interest on the loans from its administrative budget. Mr. Ben- ton commended the Board's foresight in including the provision of payment offsets,in . the note signed by Nortran. The Board will await developments, and will reexamine the matter at its February 2, 982.meeting. yor Forrest read the following letter to Mr. Louis Lerner, Editor and Publisher of he Lerner Life Newspapers: "The Village of Deerfield has been fortunate over the years in having excellent press coverage. This, of course, is due to the caliber of the reporters'assigned to cover our community. Marie Lutz is a prime example.. I have.just learned she will.be leaving Deerfield for a new assignment. We ar& all sorry to see her.go because we respect her as a person, and we have appreciated the fair and accurate manner in which she reported the news of Deerfield. We are fortunate indeed to have had a reporter with Marie's talents. She is personable and an intelligent young lady, and we'shall all miss her but wish her well in her new assignment." The Board and audience concurred expressing hearty approval of Ms.. Lutz and Mayor Forrest's letter.of commendation. There being no further business to come before. the Board, upon motion by Trustee Seid- man and second by Trustee Swanson, the meeting was adjourned"at.10:15 P.M. PROVED: Village President ATTEST: Village Clerk