09/07/1982F;
116
;September 7, 1982
The regular meeting of the Board.of Trustees of the.Village of Deerfield was
called to order by the Mayor in the Council Chamber of the Village Hall on
Tuesday, September 7, 1982 at.8:02 P.M.. The Clerk called the roll and
announced that the following were
Present: Bernard Forrest,'•Mayor
Marvin W. Ehlers
Jerold L. Heisler
Cynthia J. Marty
Edwin B. Seidman
Vernon E. Swanson
J. Robert York
and that a'quorum was present and in attendance. Also present were Village
Attorney James K. Stucko and Village Manager Robert D..Franz.,
Trustee Seidman moved, seconded by-Trustee Heisler.that the minutes.-of the
August 16th meeting be approved with the following addition: on the next to
last page, the address of Mr. Joel Goldman should read. "1 Crossroads of
Commerce, Rolling Meadows." Motion carried unanimously.
PROCLAMATION Mayor Forrest read .a Proclamation desig-
LEAGUE OF.WOMEN VOTERS WEEK nating September 11 to September 18 as
SEPTEMBER 11 -18' League of.Women Voters Week. Trustee
Swanson moved, seconded by Trustee Seid-
man, to approve the Mayor's Proclamation. Motion carried unanimously.
PROCLAMATION _ Mayor Forrest read a Proclamation wherein
CONSTITUTION WEEK he designated September 17 -23 as Consti
SEPTEMBER 17 -23 tution Week. Trustee:Marty moved,.seconded
by Trustee Swanson, to approve the Mayor's.
Proclamation. Motion carried unanimously.
BANNOCKBURN STREET CLOSING Mayor Forrest announced that since there
had been discussion at the past two Board
meetings regarding traffic restrictions on Wilmot Road in Bannockburn, Mayor
Remo'Picchietti had agreed to discuss with the Board Bannockburn's position.
Mr. Picchietti stated he had come in a spirit of cooperation:to nform and
to correct inaccuracies that had appeared in the.press as /4wellfas on T.V.,
He submitted that Bannockburn had not closed the road but had "simply done
what it can legally, morally and rightfully do to control traffic for the safe
ty and benefit of people in the Village of Bannockburn: ". He.went on to say
that due to a large number of'cars passing through the'Village -as well as
a number of accidents that had occurred, a professional study had been made to
correct the situation., He asked Mr. Gary Neale, Bannockburn Trustee and Police
Commissioner, to explain the findings which had resulted in official action to
divert peak -hour traffic from Wilmot Road.
Mr. Neale stated that the report showed 3,000 cars passing through the Village,many
emerging onto Wilmot Road from Duffy Lane and Telegraph Road. In the hopes that
cars would use Riverwoods Road, Telegraph Road and Waukegan.Road, decision was
made and ordinances enacted to prohibit.southbound traffic on Wilmot Rd,. between
7 -9 AM. (by a partial gate that permits emergency vehicles and school busses
through) and northbound traffic between 4-6P M.(by no left -turn signs at.Duffy
Lane and Telegraph Rd.) He emphasized that at no.time was Wilmot Road closed.
Mr. Picchietti pointed out that the traffic ordinances are not selectively en
forced, and that Bannockburn residents, though sometimes iinconvenienced, must
abide by the law, also.
Mr. Minard Hulse, 1271 Grove Court; Lake Forest,referring to a computer print -out
from the Illinois Department of.Transportation,challenged the accident figures
of Bannockburn's survey and stated that during the month of August 1982,Bannock=
.burn had been paid $6,216.88 in fines, an annual rate of $72,000. He stated
that he was challenging the legality of Bannockburn's action, had been in court,.
and been given the permission "to take discovery on it ", and was proceeding to
do so. He invited anyone disapproving of Bannockburn's action to join him.
Mr. Craig Hoskins,. 1019 Greenwood Avenue, registered a complaint that Bannockburn
was paying too little to Deerfield for police dispatching services compared with.
the large amount of :fines collected from Deerfielders arrested by Bannockburn
on'Wilmot Road.
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Trustee Heisler and Trustee Seidman.stated they were glad to.'.have their previous
misconceptions corrected. Trustee Heisler pointed out.to, Mr., Hulse that Mr: Pic -
chietti was not on trial by the Deerfield Village Board. Mr.. Picchietti thanked
Trustee Heisler for his remarks and left the. meeting.
FLOODWATER MANAGEMENT PLAN. Mayor Forrest read a statement:wherdin he re
RESOLUTION NO. R -82 -08 ported that a meeting (attended by 50 hmuni
t cipal officials, state legislators, and.re-
presentatives of federal agencies) sponsored,by•Deerfield , on;.the Floodwater Man
agement Plan for the North Branch of the Chicago Rivei .was -held on August 28th.
Is a result of that meeting, I propose four specific areas in which the Village
must play an active role:
1. Request Congressional support to expedite the completion of the.Floodwater.
Management,Plan and to appropriate funds needed for these improvements.
2. Encourage Governor Thompson to authorize the release •of State:funds already
appropriated.to acquire.the'Bannockburn site for a retention basin:
3. Request the Illinois Toll °Highway Authority to investigate the.flow of..
storm.water from their right. -of -way.
4. Cooperate with the respective Drainage Districts to plan for general main-
tenance of all creeks within Deerfield.
The August 28th meeting was a significant first step in gaining Congressional
support for the Floodwater Management Plan. A report has.been sent to our Sena-
tors and area Congressmen explaining the role of various Federal agencies with
respect to this plan. When the.-U.S. Corps of Engineers completes their.study
next Spring,..our elected officials in.Washington must take•a leadership role�in
gaining approval of the project.
I am requesting Board action this evening.on a Resolution requesting Governor
Thompson to release,funds needed in order to acquire the Bannockburn site.
Neighboring communities are being asked to pass similar resolutions.
We are awaiting a response from the.Tollway Autbority.on•what they can do to re-
strict run -off of water along their right -of -way. .Although that facility was con-
structed many years ago, we believe that they have a.respon6ibility to provide
some means of .retention.
As for creek maintenance, we are prepared.to assist.Drainage Districts.in
whatever ways possible to-begin a maintenance program.' We are - encouraged by.
the possibility of the Corps of Engineers.,participating iri this work.
In all of the above, it is vital that we have the support and cooperation of,
all residents. Both individually and collectively, the.citizens of Deerfield
caii do much to help in this cause. Letters to your State and Federal elected
officials will:let_ them_ -know the importance you place on.these matters. As we
proceed with tt'ese various approaches to resolving these flooding problems, every
effort will be made to keep our residents informed of our progress,"
Mayor Forrest added that at the October Board meeting, he,'vould .recommend the
appointment of an ad hoc committ:ee.to help keep things?:moving. He then.read
a Resolution to request Governor James R. Thompson ,to authorize.release:of
already appropriated.:funds to acquire the last. remaining site '(Ste #27' in
Bannockburn)...needed . to'construct upstream de tention•facilities t reduce flooding
in.this area.
.Trustee Marty,moved, seconded by Trustee York,. .to adopt ttie,.resolution: Motion
carried unanimously.
TOWN & COUNTRY PROPOSAL. Mgr. Franz statedxthaty;.the Plan Commission
FINAL DEVELOPMENT.PLAN had reported that it`foiiid'the Final Develop-
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PLAN COMM. REPORT /RECOMM. ment Plan for Town.& Country to be in sub-
stantial- conformance with ,the Preliminary
Development Plan, and;'recommended that ordinances rezoning the.- property•and
establishing the Special: Use /PUD sho.uld.now.be drawn.
Trustee Seidman moved,,seconded by'Trustee Ehlers, that the. "='attorney be instructed
to prepare ordinances rezoning the property at 1360 and.1422.Waukegan.Road from
R -1• to R -5 and granting a Special'Use /PUD:
Northwoods Dr. residents, Robert_Mackim, Chris Polorny,,,Steve Pokorny, Geo. Wiley,
and Bob Bergmann, reiterated their objections to;the =proposal citing primarily
their fears of traffic congestion and increased storm 'water:'problems.in their
subdivision. Opinions.were expressed that: :,.l) the wishes 'of.- Northwoods Dr. resi-
dents should outweigh Town and Country Developers, 2) the Board should reconsider
the proposed density, and 3) if the proposal is granted,'an ?indemnifying bond
jai'
should be required of Town and Country Builders in case of storm water increase
in"their area. To a statement regarding lack,of.park land in the proposed devel-
opment, Mayor Forrest and Trustee Marty explained that:the Village,Board had no
jurisdiction over the Park District which evidences no.-interest in acquiring land
in the development at this time.
Mayor Forrest asked Village Engineer Soyka to describe the storm sewer system in
the area and how the.deyelopment::"would impact it. Mr. Soyka, tated that -storm
water from the development,as well as water from south- of/the'o operty, will be
collected in a retention basin at the southeast corner,/be:`metered out through a
pipe system to the =rthwest;:corner, run northword in an open''!ditch along the rail-
road to a point where it is conveyed east by a culvert under ?'.Waukegan Road at
North Avenue, and thence north and-east through North'Trails'subdivision to an
open diach discharging into the Middle Fork creek. He pointed out that water held
and metered from the.retention basin would be an improvement'since water from the
site and;"southward now-has unrestricted flow by:a line on the'west side of Wauke-
gan Road.`.'to the culvert crossing under Waukegan Rd. at North Avenue.
Mr. Soyka traced'on a map the storm sewer lines in subdivisions adjoining North-
woods-Dr'. He- said that Northwoods". residents= benefited ;from, >1thiir- .tneighbors'
rear yard inlets in adjoining subdivisions to the.east and west',''since they -had
no real storm sewer system themselves. . He stated they.'•i, h'ad, _only a substandard,
corrugated metal,culvert -type pipe, approximately 300,to 400 feet long which con-
nected to a village- maintained storm sewer ... a situation;lie.1ikened to an attempt
to drain the 30 -acre Northwoods Dr. subdivision with ' two` -McDonaid'.s straws. He
noted that the only village- maintained.pipes'in the -area -were for two small street
inlets on Northwoods Circle. Mgr. Franz stated thai;Staff' was meeting with Mr.
Pokorny regarding Northwoods.Dr. storm drainage problems:,;.: -'
Responding.to inquiry by.Trustee' Heisler, Mr:.Soyka stated'.that the proposed -
development would not.impact - the drainage problems now experienced by Northwoods
Dr.;. Answering questions: from. presidents ,; :he �,gaid";'.their.;drainage solution lay..ili an
approved.storm sewer system within Northwoods Dr. leading to a main,-'.possibly-
running, along North Ave., .that�would'discharge into the.Middle Fork creek.
The motion.to have'necessary ordinances prepared for the Town..and Country develop-
ment carried unanimously.
Trustee.Seidman noted that.Town and Country Builders had requested that the Board
pass the ordinances on.first. reading. He strongly objected'to waiving the rules
due to the great deal of controversy,. He felt residents of the area should have
the full amount of time to respond to the proposal. - Trustee Heisler concurred.
The Board recessed at 9:40 P.M. and reconvened at 9:45 P:M..with all members
present and in attendance.
MCDONALD'S RESTAURANT Mgr. Franz.stated-�that the Plan Commission
PROPOSED TEXT AMENDMENTS had. held a public hearing on August 12,
DRIVE -THRU FACILITIES 1982 "to consider a petition by McDonald's
and Restaurart for text amendments to permit
drive -thru facilities for certain types
SPECIAL USE AMENDMENT of restaurants.- On a vote of 4 -1, the
DRIVE -THRU FACILITY Plan Commission recommended adoption of
the following text amendments:
Article 5.2 -3, 1 d,: (2) add:
Drive- through facilities accessory to'a free - standing restaurant which existed
as a Special Use prior to the adoption of the Zoning Ordinance which also has
direct signalized access -to an existing right -of -way.
Article 5.2 -7, 5 change to read (adding wording underlined):.
No business establishments, except restaurants with drive - through facilities as
permitted in accordance .'with Article 5:2 -3, 1d, (2)_,_ automobile service stations
or drive -in bank-facilities when authorized as Special-Uses,-4shall offer goods or
services directly to customers waiting in parked motor vehicles or sell beverages
r. or food for consumption off the premises or on the premises`1n'parkgd motor
vehicles.
Article�14 (Definitions) add:
Restaurant Drive = Through Facility - -,A use.accessory to,a,xes.taurant where food
is ordered at.a remote on- site.loFcation adjacent to a tra.f _'.lane.which is
restricted to vehicles utilizing this service and where, after the order is,
placed, the vehicle continues on to a service window to'pay,'46r and-)Oto pick up
the food ordered.
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Moreover, the Plan Commission.recommended (on avote.of 3- 2).that if the fore- .
going recommendations are accepted, the Board.approve an amendment to McDonald's
present Special Use to include drive -thru facilities with, the following stipula-
tions:
1. The proposed parking area be expanded to provide 100 parking spaces ( 1.per
60 square feet) -
2. The signalization of the McDonald'.s drive be operational prior to the opening
of the drive -thru facility
3. If the signalization - process which includes traffic studies,.s.tate approval,
and physical construction of the signals,- etc. cannot be completed within 18
months, 'the permit for the Special Use should lapse, unless the Board of Trus-
tees find that.conditions, particularly traffic,;have_'not changed substantially
since the time of the public hearing.and,-therefore,.extend the permit.
Also,,the Plan Commission unanimously recommended denial of-a request to amend
parking requirements to 1 space per 90.square feet.
Mr. Marlin Smith,.attorney for McDonald's, stated that7t�eir traffic consultant
had re- examined traffic figures, and it was "not so'clear;anow" that the intersec-
tion would meet "viarrants at the present time, or even within an eighteen month
period. He ,suggested that.McDonald's undertake 'a new count`to enable the,Board
to determine whether it is realistic to require the signah�,�to;-be in-place before
the drive -thru is constructed. He submitted that if warrants can't-be met,.ap-
proval of the Special:.Use amendment,would be pointless. He' requested deferral
of the matter until McDonald's can make another traffic count. -He also stated.'
that it would not be "good business practice" for McDonald',s to:help fund a traf -,
fic signal if'they:can't have a drive -thru window.
Trustee Marty moved, seconded•by Trustee Ehlers, to'.amend,the'',Zoning Ordinance
to permit drive -thru; facilities as recommended by the PlanCommission and to
instruct the attorneyto prepare,.the necessary ordinarice:•,;F,,',. *',
Also, Trustee Marty moved, seconded by Trustee Swaneon;;.4;to „.accept the Plan Com-
mission's recommendation to amend McDonald's.Special•'':Use v i6l.include a drive -thru
facility and to instruct the attorney to prepare'the�'necessary ordinance..
Mr. Michael Schwartz, Plan Commission member, presented a minority report. .He
objected to McDonald's,position that they would participite'in funding a traffic
signal only on receiving permission to add a drive -thru facility. He noted that -_
a June 9, 1982 traffic count showed very heavy•noon -hour traffic (1 car crossing.
lanes every 1231 seconds) at the intersection, %ven before any additional develop -
ment,on Lake -Cook Rd.” He submitted that a wrap- around traffic lane for drive-
thru.service was hazardous.to pedestrians,. particularly small children, going.
to and from the restaurant'in the:'parking lot. He felt that,public safety super -
ceded what the McDonald's Corporation termed "good business—policy.". He objected
to any decision on a. drive- thru.'at this .time and stated,' "If 'warrants are met,
and.the.signal is in, that's' "the.-time for _McDonald's. td, come back and "show that
Waukegan-Road traffic will not.'be.significantly impacted, and that it's safe for
children to be within,'.M,tDonald'sl•parking lot." He added;,','1 ca'n't* see pre- approving
both petitions right now.
Discussion followed wherein it was learned'.that: 1) that'Deerfield's McDonald's
is a very high volume restaurant compared with their -other-restaurants., and 2)
that a traffic increase.of only two to six .percent ia expected since one car -
often.picks up many orders at a drive -thru window. Mrs. Harriet Rosenthal,
Plan Commission Chairman, stated they had definitely tied:the traffic light to
the granting of'a drive -thru window and that no separate vote had been taken.
The motion.to amend-the Zoning Ordinance to permit drive -thru facilities in cer=
tain restaurants carried unanimously.
Also, the motion to amend McDonald's Special Use to incldde:'a.drive -thru facility
carried unanimously.
DEERFIELD DAY CARE CENTER Mgr. Franz stated that the Plan Commission.
SPECIAL USE AMENDMENT had held.a hearing-on August 12, 1982 to
consider the petition of•the Deerfield
Day Care Center for.an..- amendment of their Special'Use in order to increase their
enrollment. The Plan Commission, on a vote. of S -O, recommended that the existing..
Special Use for Cadwell.School.be amended so�as to-inc rease the maximum enrollment
to 215 students with a maximum staff of 35, with the stipulation that the back
parking area be used only for emergency parking,situatiotissand that the Special Use
be granted for a one' year period.
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Trustee Seidman moved, seconded by Trustee Marty, to accept. the recommendation
of the Plan Commission And'to instruct the attorney.to prepare the necessary
ordinances.
Discussion ensued regarding parking space.requirements, parking space available,
and the increase in number of teachers, many of whom do not drive,. etc. Trustee
Marty asked why the recommendation was for.orie year only.. Mrs. Harriet Rosenthal,
Chairman of•the.Plan Commission, replied that despite the .fact that.some of the
teachers do not drive, and the parking lots are not full all.day; there is an
increase in teachers. Also, should the school change hands;and.there was a dif-
ferent staff with different driving habits, it would be well +"to review the situa-
tibn to see if the lot to be used for emergency parking only during this year
might.be needed on a daily basis and what impact the increased enrollment and
staff has'had on the neighborhood.-.`.Consideration was given to the possibility
of making,"the ordinance co- terminous with the present tenant's lease-as protec-
tion for-the Village in the event of changed tenancy, thereby removing the neces-
sity of 'ah'end -of- the -year review.. However, the Board favored another Plan
Commission hearing as the best way to proceed.
The motion to grant the.•Special Use for one -year passed unanimously.
Trustee Ehlers pointed out that striping, the•.front parking Jot might result in
more efficient use of,, the parking'.Jot ": ;..•
VCDC APPOINTMENT Mayor Forrest announced at he recom-
DR. RONALD MAY mended the appoinr/ment. /o Dr. Ronald
May .to .the .Village.. ter' Development
is Commission for a term expiring.November;,1984..= Trustee HdWxer, moved; seconded
by Trustee Swanson; 'to approve Mayor. Forrestt's?recommendatola:ie , Motion carried.
unanimously.
SAPLING LANE YIELD SIGNS, Mr. 'Gene Berkowitz,'',i,Chairman of.the
SAFETY COUNCIL RECOMMENDATION' Safety Council .recommehded•.that,.Yield
Signs be placed on:Sapling,Lane at
Castlewood Ln. and Central Ave., both`T- intersections; because -of the tremendous
amount of non - local,. morning and evening traffic using,SapliifiktLane as a means
of bypassing the traffic signal.at.Deerfield and Wilmot`Roads ,�,,'
He went on to report that these non -local drivers on Saplingy'Ln:,,a minor street,
turn onto Castlewood ' and Central'. Ave,. major. streets ,„ with :;'c'omplete disregard,
for the cars on those streets. He stated that the Safeay�,Council, mindful of
the Board's wishes to limit stop signs, feels- Yield19 gnsamight: cause drivers
on Sapling at least to look before turning.-onto Cent*ral and';; "Castlewood.
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The Board expressed lack of confidence in the effectivenessk1 of;`Yield signs.
Police Chief Richard Brandt stated that he did not .have :'any Accident statistics
with him for the intersection in question. He stated'he•!hid`,.some concerns about
Yield signs since they aren't enforceable unless there is an accident (when it's.
too late), and felt they might7dven; create 'a false sense of: security in those.
driving'along Castlewood and - Central Avenue. He did not feel,Yield signs would
accomplish anything.
Mayor Forrest.commented that he.,had;tobserved the'conditions cited by Mr. Berko-'
witz and stop signs.might be the solution. Trustee Seidman'moved to have stop
signs erected at both intersections: Motion-.failed for ;lack of a second.
Trustee Marty preferred-.,to refer ;,the matter back to the Safety: Council with the
recommendation to procure accident reports on the.intersectiori ' to determine
whether stop signs are warranted. Mr..'Berkowitz stated that.residents were not
concerned about the volume of.traffic, but .were troubled.by' the irresponsible
drivers. He added that the Safety Council had recommended Yield signs only
because they were consciously trying to keep stop signs.to a minimum. He added,.
"Stop signs are the real answer."
Trustee York moved, seconded by Trustee Seidman, to table the matter until the
next Board meeting, and•ask the police department to.furnish'accident reports.
Motion carried unanimously.
POLICE ACTIVITY REPORT ON Responding to a.request-by Trustee York
DEERBROOK SHOPPING CENTER at the last Board meeting,. Police Chief
Richard Brandt had submitted a report
on police activity at Deerbrook Shopping Center. He. reported that from November
1981 through July 1982 there were 203 case reports for the Deerbrook /Lake -Cook
Plaza area, or 19% of all cases in Deerfield .... Deerbrook Shopping Center account
ing for 14% of the total cases.
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Police Chief Brandt, who was present, stated he had more information to add to
the report regarding aotivity`in ihe' area. He .reported that'during.the past
12 months, the Northbrook Fire Department had answered 37.calls.(22 ambulance
and 15 fire) in Lake-Cook-Plaza.- Their response time is 4 to 5 minutes, their
problem being that they.can not proceed directly.from Deerbrook Shopping Cen
ter to Lake -Cook Plaza. -They believe they could save from 30.seconds to 1�
minutes by having a short -cut between the two shopping centers. He submitted
that such an :open access would also improve response time for Deerfield patrol
cars and decrease congestion on Lake -Cook Road, which has more accidents than
any'other.area 4n the Village.
The Board was_ interested in seeing a statistical report from the Northbrook
Fire Department -in regard to Deerbrook.Shopping Center. 'Mr. Wayne R.-Luecht
of the Northbrook Fire Department, who was present, promised to submit a
report for the next Board meeting.
The Board thanked Chief Brandt for his report..
CONSENT AGENDA
STOP SIGN First reading of ordinance.
DARTMOUTH AT INDIAN HILL
CHESTERFIELD LAWSUIT_ Village Attorney.Stucko explained that
CONSENT DECREE the Decree recites the fact of .the term-
ination-by Chesterfield Builders of the
existence of the existing use, occupancy.and maintenance of. a model unit and
sales office at.25 Birchwood Avenue and the movement of the--sign to the pre
sent location, 1153 Prairie Avenue.'in the Laurel Hill North * division. The
necessity of having this order is. to make sure that the Court,,'retains juris-
diction so that any attmept to return to the earlier status quo would be
prohibited.
Trustee Heisler moved', second ed.by Trustee York, that theConsent Decree be
approved. Motion carried unanimously.
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FIRE PREVENTION CODES FOR.' Trustee Marty movedU'seconded , by Trustee
AREA S. OF LAKE- COOK.ROAD Swanson; that the attnnney,be instructed
to prepare.an ordinance. amending. the
Deerfield Municipal Code to permit the use of -the BOCA Fire`Prevention Code'a,s
amended in "lieu of the;"AIA Code currently in effect in'that;Deerfield area
south of Lake -Cook Rd :,which is protected by the Northbrook'`:�Rural -Fire Pro-
tection District,•in order to provide'a uniform prevention /protection•plan in
the .Northbrook Fire District. 'Notion carried unanimously.
There being no further:.business to'come before the Board, upo'ft,motion by Trustee
Seidman the meeting was',adjourned at 10:40 P.M.'
APPROVED: ,..
May
ATTEST:
Village Glerk
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