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09/20/1982122 September 20, 1982 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order in the Council Chamber by the Clerk, in the absence of the Mayor, on Mon day, September 20, 1982 at 8:00 P.M. Trustee Marty moved, seconded by Trustee Swan- son, that Trustee Heisler be appointed Mayor pro tem. Motion carried unanimously. The Clerk then called the roll and announced that the following were Present: Marvin W. Ehlers Jerold L.- Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York Absent: Bernard Forrest, Mayor and that a quorum was present and in attendance. Also present were Village Mana- ger Robert D.' Franz and Village Attorney Richard.V. Houpt. Trustee Ehlers moved, seconded by Trustee Seidman, that the minutes of the pre- vious meeting be approved with the following correction: under Deerfield Day Care. Center, fifth paragraph, delete "parking spaces for eight or nine cars" and sub- stitute "more efficient use of.the'parking lot." .Motion carried unanimously. APPROVE After .a short discussion, Trustee Marty moved, WARRANT NO. 0- 82 -09. seconded by Trustee Swanson, that.the bills and payroll, including transfers and reimburse - ments, be approved. Motion carried on the following vote:' AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) TREASURER'S REPORT Finance Director George Valentine reported that General Fund Revenues exceed projections by ap- proximately $48,000. State Income Tax and State.Sales Tax are slightly over pro- jections with Sales Tax receipts 10% over last year. Building permit receipts show $12,000 more than projected and Interest Income is $29,000 over projections. He pointed out, however, that interest rates have dropped and the rate of increase in receipts will be slower. Mr. Valentine noted that expenditures are as anticipated with the exception of the Sewer Fund which is over the projected budget due to the July flooding. He added that water purchases from Highland Park are 10% greater than last year, but water sales show only an increse of 5 %. He noted that sales appear to lag behind-pur- chase due to billing procedures. The Board thanked'Mr. Valentine for his report'. / DEPARTMENTAL OBJECTIVES Police Chief Richard Brandt reported that most POLICE DEPARTMENT departmental objectives projected on the yearly report were being met except -some of the data processing goals. He stated that data processing had'reached a,point requiring strong decision regarding the direction to betaken, and that some programming had been purposefully delayed. He added that he had been investigating micro- computers and favored acquisition of an IBM personal computer (cost $6- 10,000). He stated that some simple, minor programming could then be handled by in-house personnel, thereby saving considerable money for T.I. programming, and depart- mental members could gain valuable experience working with this type of equipment. Trustee Ehlers stated that it was important to consider sharing of data on two systems.' Trustee Seidman concurred. Chief Brandt.replied that the IBM personal computer will work under several different systems, and that the problem of com- patibility would be confronted before making a recommendation to the Board. Chief Brandt called the Board's attention to the Mutual Aid System mentioned in his written report. He stated that he had met with Chiefs of twenty -five police departments in an attempt to develop an area wide disaster plan with an automatic, immediate response by other departments to any agency needing help. He added that all were very enthusiastic about the idea. He stated that he was submitting two sample agreements for the Board's and attorney's review ... one covering legal aspects in responding to another community's call for,help, and the other regard- ing commitment to an area wide disaster plan. 1? Trustee Heisler commented that this year's.23% decrease in crime compared to the first six month of 1981, reflected excellent departmental work. Trustee Heisler noted the decrease in bicycle accidents which suggested that the bike patrol was effective. The Board thanked Chief .Brandt for his report. PROCLAMATIONS: NORTH SUBURBAN BLOOD CENTER Mayor pro.tem Heisler announced that Mayor TENTH ANNIVERSARY Forrest had issued proclamations congratulat- ing the North Suburban Blood- Center.on its ILL. EMPLOYEE FITNESS DAY tenth anniversary and designating October 6, OCTOBER 6, 1982 1982 as Illinois Employee Fitness Day, Octo- ber 17 -23 as National Lupus Week, and Sep- NATIONAL LUPUS WEEK tember 24 as.Kiwanis Peanut Day.. OCTOBER 17 -23 Trustee Swanson moved, seconded by Trustee KIWANIS PEANUT DAY Marty, to approve the Mayor's proclamations. SEPTEMBER 24, 1982 Motion carried unanimously. DEERBROOK SHOPPING CENTER Mgr. Franz reported that.the Plan Commission PUD AMENDMENT had held a public.hearing on August 12 ,1982 PLAN COMMISSION REPORT /RECOMM. to consider the petition of Mr. Joseph Valen- ti to amend the Planned Unit Development/ Special Use for the Deerbrook Shopping Center to permit a 13,OOO.sq. ft. expan- sion of the main building. Upon a vote of 5 -O, the Plan Commission recommended that the petition be granted. Trustee Seidman stated that while a large retailer coming to Deerbrook was desirable, a problem of many years standing, an interconnection between Deer- brook and Lake -Cook P1aza.Shopping Centers, needed to be resolved. He noted that recently the Board had received police data regarding vandalism and other . crimes that have occurred in the area. In addition, data from the Northbrook Fire Department regarding emergency calls in the area, indicate that inability to drive through Deerbrook to Lake -Cook Plaza results in delays that could result in severe physical impairment or prove fatal for the individual needing help. He firmly stated that while he had no objections to the addition, if a passage way.is not to be opened at the same time, further discussion would be to no avail as far as he was concerned. Trustee York stated that in these perilous times for businesses, he was interest- ed in seeing business flourish.at Deerbrook. However, he stated that: 1).empty stores in Deerbrook are a concern to the Village and despressing to shoppers, 2) an improved image as a vibrant, interesting place to shop would be most desirable, 3) he has heard comments that there is danger entering and .leaving Deerbrook,.too much vandalism, etc. there, lack of merchandise variety, no quality fashions for women, no men's store, parking areas in poor condition, and night lighting inadequate for safety, etc. He stated that an interconnection would please and benefit the shopping public through safety and convenience and be a great help to the Village's fire, police, and paramedic services. He added that he would vote-for the addition if the Deerbrook owners, at their own expense, open up the present barrier. He commented that the matter had been talked about, analyzed, researched, etc. for eight years, therefore, the time for action is now.. Trustee Marty concurred basically with Trustee York. She felt thq,�.since the owners of Lake -Cook Plaza had gone to considerable expense',o. have the inter- connection open at the time they were permitted to develop,'the expense should be borne by Deerbrook owners. She favored prohibition of truck traffic through an interconnection. Trustee, Heisler was in agreement with Trustees Marty's and York's opinions. He added that a traffic light.on Lake -Cook Rd. at.Lake -Cook Plaza is already in and paid for. He noted that a new store.at. the rear'of the mall would cause a great deal of traffic using the service driveway in order to exit on Lake -Cook. Rd., thereby complicating an already hazardous situation. He stated that unless the interconnection is opened, he would not vote for the addition. Mr, Thomas Valenti, attorney and son representing the petitioner, stated that,he did not consider the foregoing comments by Board members at all relative to the petition before the Board. He stated that the request was "within the contempla- tion of the PUD when it was granted many years ago." He added, "The proposed expansion.of 13,OOO.sq. ft. is within the buildable area as outlined in the PUD. 124 r.. It does not alter.parking lot ratio requirements. We understand the desire of the Board to see an interconnection. I think the Board is aware of the fact that we can not act unilaterally. More than our approval is needed to make,an inter- connection. We have expressed our willingness to the Board and Plan Commission to sit down, undertake a traffic, study to determine the current needs and the best place for an interconnection, if one is necessary ...... Our insurance con- sultants, lawyers, traffic consultants, etc. told us a long time ago that there will be . created a hazard to pedestrians, between Brunswick and the main mall if there is a road in between. For many years we have not been asked�to consult with you about this problem or been before this Board for a long ,time, but we have expressed a desire to sit down with the Board representatives." Trustee Marty firmly refuted Mr. Valenti's I statement that the Board had not made.an.attempt to meet with Deerbrook owners for many years. She pointed out that`l ie Board had with it that evening a two -page chronology of events, show- - ing attempts (from 1974 to 1979).to negotiate an interconnection. "We have felt..•very strongly about .this, have gotten no cooperation from Deerbrook,and just -gave up," she stated. Mr. Valenti reiterated that the Board's interest was directed toward an inter- connection rather than to the legal issue concerning the expansion area,and whether or not it is within the contemplation of the Special Use that was granted many years. ago. Trustee Heisler replied that the Board did not wish.to detach the two issues, as it sees it as a single issue. He added that an interconnection is within the Board's discretion in granting an amendment' to the PUD and.that the con- sensus of the Board is "no interconnection, no PUD." Trustee York moved, seconded by Trustee Marty to accept the recommendation of the Plan Commission to grant an amendment to the PUD /Special Use for the Deerbrook Shopping Center with the proviso that the interconnection be finished and ready to use before an occupancy permit is granted, and that the attorney be instructed to prepare the necessary ordinance. Trustee Swanson stated.that due to the.type.of nebulous response on.the part of the petitioner which the Board has continually experienced, he feared an occupancy permit contingent on an interconnection could cause problems. Responding to in- quiry from the Board, Attorney Houpt advised that the amendment could be approved with an occupancy permit granted contingent upon opening.an interconnection or, opening an interconnection made a condition to the approval of the PUD amendment. Thereafter, Trustee York moved, seconded by Trustee Marty, to amend the original motion to grant the amendment to the PUD /Special Use contingent upon anintercon- nection on which truck traffic would be prohibited. Motion carried unanimously. MOTORCYCLE SHOP 704 -08 WAUKEGAN RD. PLAN COMMISSION & VCDC PEPORTS & RECOMMENDATIONS RE: ZONING ORDINANCE AMENDMENT and SPECIAL USE /MULTIPLE USE Mgr. Franz reported that a public hearing was held on August 12, 1982 by the Plan Commission to consider the request for a Zoning text amend- ment and Special Use to permit a motorcycle sales and accessories store at 704 -08 Waukegan Road. The Plan Commission recommended, on a vote of 5 to 0, that Article 5.13 Special Uses'of the Zoning Ordinance be'amended by add- ing: Motorcycle and accessories sales and service stores when conducted entirely within the store itself. The Plan Commission also recommended, on a vote of 5 to 0, that the request for a. Special Use /Multiple Use, which includes motorcycle sales and service, be approved, with the stipulation that the Special Use lapse two years after the date of occu- pancy, so that the Village can review the operation when the petitioner reapplies for renewal of the Special Use. Mgr. Franz also reported that the Village Center Development Commission (VCDC) con- sidered the petition on September 1, 1982 and, on a vote of 5 to 0 recommended denial of the petitions. The VCDC believed: 1) that a prospective buyer of a motorcycle would want to test drive it and that the Commons' back,al'ley would be used for test drives, 2) that this type of business would create a.traffic problem, and 3) a motorcycle dealership is not a good use fJ r,the, illage Center and.would set a precedent. Trustee Seidman noted that the comments were made. by businessmen in the Commons. But, Trustee Marty pointed out that they.had not been present at the hearing to listen to the petitioner. 1-1 1 1 4 l25 Mr. James Roberts, owner of the Deerfield Suzuki /Motorsports Accessories, 1374 Old Skokie Road, Highland Park, Illinois, stated that he wished to move his business to 704 -08 Waukegan Rd. in order to gain greater visibility than he has at his present address. He explained that the business would be conducted wholly within the building and that there would be no use of the private alley (owned by the Commons) at the rear of the building for motorcycle testing. He was of the opinion that the rear door of the building (opening onto the alley)existed only in conformity with fire laws:since all ingress and egress for the building was from Waukegan Road. He further stated that the only individuals who can legally drive a motorcycle must have a certified motorcycle driver's license, which indicates thathe has been thro w ugh testing, has probably had experience, and knos what he is doing. He added that for his own protection as well as the customer's, no-one without a certified motorcycle driver's license would be permitted to take a motorcycle from the building, through the parking lot, 'and onto Waukegan Road. He went on to say that he wished to conduct his business in a manner that would be a credit to himself as well as to the Village. j Trustee Marty moved, seconded by Trustee York, to accept the Plan Commission's recommendation that Article 5.13 of the Zoning Ordinance be amended by adding a provision for motorcycle sales and services conducted wholly.within a building and that the attorney be instructed to prepare the necessary'ordinance. Trustee Marty moved, seconded by Trustee York, to accept the Plan Commission's recommendation to approve the'request- for a Special Use for a period of two years, and the attorney instructed to prepare the necessary ordinance. Thereafter, discussion followed. regarding a two -year time limit for the Special Use. Mrs. Harriet Rosenthal, Chairman of the Plan Commission, explained that while the Plan Commission recognized Mr. Roberts' apparent reliability, a change of owner- ship might occur, in which case they would review the situation. .Mrs. Barbara Ruffino, Village Planner, pointed out that the ordinance requiring all business to be conducted within the building can be enforced. Mr. Roberts'requested.that some criteria be established on which his performance would be judged, if.the Special Use is granted for only two years and renewable only if his performance is acceptable. The Board agreed that Mr. Roberts' re- quest for criteria was reasonable, and then discussed.whether or not a time limit on the Special Use is necessary.since compliance with ordinances can be enforced whoever the owner happens to be. Thereafter, Trustee Marty moved, seconded by Trustee York, to amend their original motion by deleting the stipulation of a two year time limit for the Special Use, and making no parking,in the front yard of the building a condition of the Special Use. Motion carried unanimously. The original motion to amend the Zoning Ordinance to permit motorcycle sales and services as a Special Use in the C -1, Village Center District. Motion carried unanimously. YIELD SIGNS/SAPLING-LANE Trustee Seidman moved,.seconded by Trustee Marty, to accept the recommendation of-Police Chief. Brandt that no Yield sign be erected at Sapling Lane (as proposed by the:Safety Council at the .September 7th Board meeting). Motion carried unanimously. CONSENT AGENDA FIRE-PREVENTION CODE --First reading of ordinance amending the municipal NORTHBROOK FIRE DEPT. code to permit the use of the BOCA Fire Preven- NUN. CODE AMENDMENT tion Code as 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 Protection Dist., Trustee Seidman moved, seconded by Trustee Swanson, to approve the Consent Agenda. Motion carried unanimously. DFLD. DAY CARE CENTER Trustee Marty moved, seconded by Trustee'Seidman, SPECIAL USE AMENDED to waive the rules to permit passage'of the ordi- ORDINANCE NO. 0 -82 -44 nance on first reading. Motion carried unanimous- ly. Trustee Marty moved, seconded by Trustee Swanson, that the existing Special Use granted to the .Deerfield Day Care Center be amended to permit an increase of the ,r 1.26 maximum enrollment to .215.students with a maximum staff of 35, with.the stipu- lation that.the back parking area be used only for emergency parking situations, and that the Special Use be granted for one year. Motion carried on the fol- lowing vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) DARTMOUTH J INDIAN HILL Trustee Seidman moved, seconded by Trustee STOP SIGN Seidman, to pass the ordinance permitting the ORDINANCE NO. 0 -82 -45 erection of a stop sign to stop eastbound Motion ,;carried on traffic on Dartmouth at Indian Hill Rd. the following vote: AYESc, Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) TOWN & COUNTRY DEVELOPMENT First reading of ordinance rezoning the property 1360 -1422 WAUKEGAN ROAD at 1360 -1422 Waukegan Road from R -1 to R -5. ZONING MAP AMENDMENT Mr. Garland Yell, representing the First Bap - tist Church, inquired about the triangular shaped southwest corner of the proposed development which he believed abutted the church property. He expressed concern that residents of the development might be tempted to use the church property playground for their children, dumping grass clippings, walking dogs, etc. Perusal of the area map allayed his fears as it was pointed out that there is a 100 -150 foot parcel of landlocked property between the church property and the Town & Country Development.. TOWN & COUNTRY DEVELOPMENT FINAL DEVELOPMENT PLAN PLANNED RESIDENTIAL DEVELOPMENT RESTAURANT DRIVE -THRU FACILITIES ZONING ORDINANCE AMENDMENT and MCDONALD'S DRIVE -THRU First reading of ordinance granting a Special Use for a Planned Residential Deveiopment at 1360 -1422 Waukegan Road. Mgr. Franz reported that/traffic studies had been made September 9, 1982 and sent to the Illinois.Department of Transportation (IDOT) from which a response had been received. AMEND SPECIAL USE Mr. Marlin Smith, attorney for McDonald's stated that IDOT had reported that Warrant Num- ber 2 (Interruption of Continuous Traffic) had been met and that the state will approve a signal.at McDonald's and Cadwell Corners' driveways. Discussion followed regarding a condition in the proposed ordinance permitting a drive =thru window only when a traffic light is in operation ... in this case de- laying use of the drive -thru perhaps for almost a year. It was pointed out, however, that although a warrant had been received and agreements signed for the cost of the signal and installation, deletion of that condition in the ordinance might invite undesirable operations elsewhere. Mr. Franz suggested that the ordinance stand as first reading, but that the attorney and staff review the matter, meet with the petitioner, and return to the Board with a recommendation. Trustee Swanson pointed out that Cadwell Corners should be represented at that meeting. The Board.approved Mgr. Franz' recommendation and.deferred further discussion until the next Board meeting. The ordinances amending the Zoning Ordinance to permit drive =thru facilities for restaurants as well as the present McDonald's Special Use stood at first reading. $500,000 BOND SALE Mayor pro tem Heisler asked Mr. Ronald Norene, AMEND ORDINANCE NO. 0 -82 -34 Financial Consultant, to bring the Board up to ORDINANCE NO. 0 -82 -46 date on the matter. Mr. Norene stated that eleven bids for the bonds were opened that day at the Northern Trust.Company.. He further stated that Moody's Investor Service had three-times designated Deerfield as an AA municipality, an increase from the previous rating of A -1. He pointed out that eleven bids indicate a rather significant interest by the market in the bonds, and that for a small issue to have bidders from Minneapolis and Indianapolis says a lot for the perception of the credit of Deerfield. He added, "Our rating is AA, but the Northern Trust. bidder, has virtually every year rated Deerfield AAA. They basically said that our market is in a rarified area where there is only one that has the official AAA rating in the state of Illinois. But they said in their opinion we have a AAA rating." 1 1 i 127 Mr. Norene submitted,data indicating that the market will not get better in the immediate future, and he advised that the bid be awarded to the Northern Trust Company at a price of par plus accrued interest being at a net interest rate of 9.2095 %. Bond proceeds would be available at slightly less then 30 days. Trustee Seidman moved, seconded by Trustee York, to waive rules to permit passage on first reading of the ordinance amending Or No. 0- 82 -34. .Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Swanson, that the ordinance amending Ordinance 0 -82 -34 (authorizing the issuance of $500,000 Corporate Purpose Bonds, Series 1982) be passed. Motion carried on following vote: AYES: Ehlers, Heisler, Seidman,. Swanson, York. (5) NAYS: Marty. (1) AWARD.BID A short discussion was had regarding the $500;000 CORPORATE PURPOSE BONDS period of time funds'from the bonds can.be BRICKYARDS /TIF PROJECT held before disbursement. Mr. Ronald Nor - RESOLUTION NO. R- 82 -09. ene advised that 85f'.of the funds must�be disbursed within three years in order to avoid violation -.of the law.prohibi.tin&-atbitrage =. Thereafter, Trustee Seidman moved, seconded by Trustee Swanson, that,the Resolu- tion awarding $500,000 Corporate Purpose Bonds to Northern Trust Company at a price of par plus accrued interest being at a net interest rate of 9.2095% be adopted. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5). NAYS: Marty (1) .PLAT OF DEDICATION Mgr. Franz stated that he had received the DEERFIELD COMMONS DRIVEWAY Plat of Dedication of the Commons driveway AT WAUKEGAN RD. at Waukegan Rd., a state requirement for the installation of a traffic signal there. TRAFFIC SIGNAL In the hope that passage of a resolution would COMMONS /1ST NAT. BANK encourage state participation in':funding 50% of STATE FUNDING REQUESTED the cost of a traffic signal on Waukegan Road RESOLUTION NO. R -82 -10 at the intersection of the Commons end First National Bank driveways, Trustee!Seidman moved, seconded by Trustee York, that the resolution requesting State parti- cipation be adopted. Motion carried unanimously. Asked about progress on cleaning.out the west fork creek, Mgr. Franz reported that Mr. James Mitchell of the Drainage Ditch Commission was working to settle the law suit. He also said the U.S Army Corp of Engineers might become involved in cleaning the creek. There being no further business to come before the Board, on motion by Trustee Seidman and second by Trustee Ehlers, the meeting was adjourned at 9:45 P.M. AP ROVED: Mayor ATTEST: Village C erk