10/04/1982October 4, 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 at
8:00 P.M., Monday, October 4, 1982. The Clerk called the roll and announced
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
Manager Robert D..Franz and Village Attorney Herbert Linn.
Trustee Seidman moved, seconded by Trustee Marty, that the minutes of Septem-
ber 20, 1982 be.approved with the following corrections:. 1) first page, second
paragraph, substitute "Ehlers" in lieu of "Swanson ", and 2) under Dartmouth/
Indian Hill, correct spelling of Dartmouth. Motion carried unanimously.
. I
PRESENT SAFETY AWARD
PUBLIC WORKS DEPT.
ceremonies honoring various
_None of these occasions has
which I am about to make."
had been received from the
as follows:
Mayor Forrest stated, "During m years as
Mayor of the Village of peerfidld, I have
been privileged to officiate at numerous
people for a wide variety of accomplishments.
given me as much pleasure as the presentation
He went on to state.*that a very, special plaque
Village's insurer', Employers of Wausau, reading
For Exceptional Achievement in Accident Prevention - 422,400 Employee.
Hours Without a Lost Workday Case - August 10, 1976 to August 10, 1982 -
Record Still Continuing.
Mayor Forrest pointed out that all 30 of the Public Works employees have
had no time off due to accidents on the job.- an astonishing record when
the nature of their duties is considered. This accomplishment has resulted,
in annual savings in Workers'.Compensation Insurance of approximately $40,000.
Mayor Forrest then presented the plaque to Mr..Edmund Klasinski, Director of
Public Works, stating, "The Board of Trustees joins me in offering congratu-
lations to every member of .your Department. I know that you will all work
toward making this seven years .... and we will see you here again next Sep-
tember "'
Mr. Klasinski accepted the plaque while all present signaled their appreciation
with hearty applause.
PLAQUE PRESENTED TO Mayor Forrest reported that -the Deerfield
CHIP BOATRIGHT Chamber of Commerce has recognized extensive
NORTH SHORE AUTO PARTS improvements made to both the building and
grounds at 756 Hoffman Lane by Mr. Chip Boat-
right-who recently -moved his Nor- th-.Shore Auto Parts .business.to..that location,
and have presented'Mr. Boatright with a plaque- reading as follows:
On Behalf of the Residents of the Village of Deerfield to Acknowledge
Your'Service by Landscaping and Beautifying Your New Location at 756
Hoffman Lane. The Improvements Which You Have Made Greatly Enhance'.
the Appearance of the Village.'
Stating that the Village would also like to compliment Mr. Boatright for
the changes which have done much to make that area of the Village Center
more attractive, Mayor Forrest presented the plaque to Mr. Boatright while
all present indicated their approval.
PEDESTRIAN SAFETY CITATION Mayor Forrest announced that the Village.of
AWARDED TO VILLAGE OF DFLD. Deerfield had been awarded a Pedestrian Safety
AAA = CHICAGO MOTOR CLUB Citation for 1982 by the AAA - Chicago Motor
Club in recognition of four years without a
pedestrian fatality. Mr. Nets Pierson, president of the AAA- Chicago Motor
Club,praised the efforts of local school officials, traffic engineers, and
police in helping Deerfield to gain this national pedestrain safety recogni-
tion.
1
1
1
41•
129
FLOOD ADVISORY COMMITTEE Mayor Forrest proposed' that' th&,'-Flood .Advisory
REACTIVATION CONSIDERED Committee (formed in the early 1970's) be acti-
vated with the primary tasks of: 1) establishing
lines of communication Vetween the Village, its neighboring communities and the
governmental units which have responsibility for storm drainage in and around
Deerfield, 2) working closely with the respective drainage districts to plan for
and implement a general maintenance program for all creeks within Deerfield, 3)
organizing Village efforts to gain Congressional support for completion of the
North Branch'Floodwater Management Plan and the appropriation of funds needed
for these improvements, 4) assisting in securing amendments to'existing,Federal
regulations that.currently restrict participation by the U.S. Corps,of Engineers
in the project,. and 5) working closely.with staff to keep the)Mayor and Board of
Trustees fully informed and up to date on the progress of.implementing the North
Branch Floodwater Management Plan.
Mayor Forest further proposed that the Committee be appointed at the October 18th
Board meeting. He stated that he had asked Trustee Swanson to serve on the
Committee as liaison since he has had considerable experience in engineering and
real estate. He added that he would ask residents who are interested as well as
Board members for suggestions on appointments.
Trustee Seidman moved, seconded by Trustee Marty, to approve reactivation'of the
Flood Advisory - Committee. Motion carried`unanimously.
CONSENT AGENDA
FIRE.PREVENTION.CODE Municipal Code amendment to permit use of the.
MUNICIPAL.CODE AMENDMENT. BOCA Fire Prevention Code as amended in lieu of
ORDINANCE.NO. 0 -82 -47 the AIA Code currently in effect in that area of
Deerfield south of Lake -Cook Rd. which is pro-
tected by'the'Northbrook.Rural Fire Protection District..
MOTORCYCLE SHOP
704 -08 WAUKEGAN RD.
ZONING ORDINANCE AMENDMENT
MOTORCYCLE.SHOP
704 -08 WAUKEGAN RD.,
SPECIAL USE /MULTIPLE USE
i
First reading of an ordinance to / end the Zoning
Ordinance to permit motorcycle s les.and services
as a Special Use in the�C11, Village Center District.
First reading of an- ordinance granting a Special.
Use/ Multiple Use.
Trustee Seidman moved, seconded by Trustee Marty,to approve the Consent Agenda.
Motion carried on following vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None .(0)
TOWN & COUNTRY DEVELOPMENT
Trustee Marty, seconded by Trustee Heisler, to
1360- 1422.WAUKEGAN RD..
pass the ordinance rezoning the property at 1360 -
I
ZONING MAP AMENDMENT
1422 Waukegan Road from R -1 to-R-5.
ORDINANCE NO. 0 -82 -48
Mayor Forrest again urged the Board.to vote against
the proposed development as
he felt the project would set a dangerous precedent
for other vacant land in the
Village and is unsafe. He further stated that if the
Board passes the ordinance,
he intends to veto it in order to provide the Board -
another chance to change its
mind at the next meeting. The motion carried on the
following voted:.
AYES: Ehlers, Heisler, Marty,
Seidman, Swanson, York .(6).
NAYS: None (0)
TOWN & COUNTRY DEVELOPMENT
1360- 1422.WAUKEGAN RD.
Trustee Seidman moved, seconded by Trustee Swanson
to.pass'the ordinance granting a Special Use for
FINAL DEVELOPMENT PLAN
a. Planned Residential Development at 1360 -1422
ORDINANCE N0. 0 -82 -49 .. -.`-'
'Waukegan"Rd:' Motion carried -on following vote:
AYES: Ehlers, Heisler, Marty,
Seidman, Swanson, York (6)
NAYS: None (0).
Mayor Forrest again reminded
the Board of his.intentions to veto both ordinances.
130 �
DRIVE -THRU RESTAURANTS
ZONING ORDINANCE AMENDMENT
ORDINANCE NO.- 0 -82 -50
and
Mgr. Franz said that at the last..Board meeting first
reading was had on ordinances amending both the
Zoning Ordinance and McDonald's Special Use toper
mit drive -thru facilities where a traffic signal is .
already operative (as recommended by the Plan Com-
MCDONALD'S DRIVE -THRU mission).
SPECIAL USE AMENDMENT
ks,ORDINANCE NO. 0 -82 -51 At that time, the question arose whether use of
..;` drive -thru facilities should be permitted prior
to installation of a traffic signal which, according to Village Engineer James
Soyka, might take a full year to complete. Therefore, the Village Attorney was
asked to submit for Board consideration, at the present meeting, alternate ordi-
nances amending both the Zoning text and McDonald's Special Use but deleting the
requirements for an operative traffic signal prior to use of a drive -thru window.
Trustee Swanson moved, seconded by Trustee Heisler, to pass the original text
amending ordinance requiring an operating traffic signal before a drive -thru can
be used.
Discussion followed with participation by Ms. Barbara Baran and Mr..Hosea Harvey
(attorney and representative for McDonald's) who favored the alternate ordinances
(without prior traffic signal requirement). They pointed out that Cadwell's Cor-
ners as well as McDonald's had already executed an agreement to pay the costs in-
volved in'signalization.
Trustee Marty noted that the alternate ordinance, while requiring an executed
agreement providing for signalized access, made no mention of State approval.
Trustee Seidman stated that without a requirement that State warrants had to
be met, the ordinance would not be complete. He pointed out that such an addi-
tion was necessary to prevent the label of "special legislation for an individual
or organization."
Trustee Swanson, substantiating his motion, stated that a traffic problem already
exists at McDonald's, and he could not approve a facility,which would increase
the problem, before a traffic signal was operating. Mayor Forrest concurred and
stated, "It would be unsafe." Mr. Harvey replied that the traffic increase would
be only two to six percent. However, Trustee Swanson pointed out,that Cadwell's
Corners has heavier traffic than McDonald's and that the warrants had been met
not because of an expected increase in traffic but due to lack of traffic gaps
during the noon hour. In reply, Mr. Harvey stated that their traffic consultant
had stated that even without a traffic light the drive -thru addition "would
work ", and that McDonald's peak period does not coincide with that of Cadwell's
Corners.
When Mr. Charles Buccola, co -owner of Cadwell's Corners, was asked for comments;
he.stated that while he expected the drive -thru to increase the traffic somewhat,
he could respect McDonald's wish to use it prior to completion.of' the signal. He
added that Cadwell's'Corners' busiest time is from Thanksgiving Through Christmas,
and for this period, they have hired off -duty police offi�ers to'direct traffic.
Mr. Harvey stated that McDonald's would be will-- ing.to cooperate with Cadwell's Cor-
ners in this regard. However, Police Chief Richard Brandt commented that there
might not be police officers available, and Mayor Forrest felt that directing such
traffic would be hazardous for an officer.
The motion to pass the original text - amending ordinance,with its requirement of
a traffic signal prior to.a drive -thru, failed on.the following vote:
AYES: Swanson (1)
NAYS: Ehlers, Heisler, Marty, Seidman, York (5)
Thereafter, Trustee Marty moved, seconded by Trustee Heisler; to pass the alter-
nate text - amending ordinance, further amended to include ,a stipulation that
State warrants must be met. Motion passed on following vote:
AYES: Ehlers, Heisler, Marty, Seidman, York (5)
NAYS: Swanson (1)
Discussion continued regarding the length of time required to construct the
drive -thru facility (21 days), and the possibility of.delaying its use until
after.the holidays when traffic is so heavy at Cadwell's Corners.
Thereafter, Trustee Marty moved, seconded by Trustee Seidman, to pass the
alternate Special Use amending ordinance, further amended by: 1) deletion of
1
I.
1
4
!1
I
l 31
paragraph C of Section Two and substitution of...a.stipulation.'that: the drive -thru
may be constructed but not used until January 2 .1'9;51" i d'2)': "addition of a Sec-
tion stating that the ordinance supercedes any portions of the'old Special Use
which are.inconsistent with provisions of this ordinance. Motion carried on fol-
lowing vote:
AYES: Ehlers, Heisler, Marty; Seidman, York (5)
NAYS: Swanson (1)
DEERBROOK SHOPPING CENTER Mayor Forrest reported that the Board had met with
AMENDMENT TO PUD representatives of Deerbrook shopping Center on
Monday, September-27 to try to arrive at an agree-
ment regarding opening a public access between Deerbrook and�Lake- Cook.Plaza
Shopping Centers. In addition,'other meeting srhad followed. He commented that
while all parties were not in agreement as to how best to accomplish'some.inter-
connection, all had entered into negotiations in good faith and had.tried to work
together.
Mgr. Franz reported that at the meeting with the Board on Monday, September 27,
Mr. Valenti of Deerbrook had presented proposals different from those the Board,
had indicated, (at the September 20 Board meeting) as necessary for their grant-
ing the petition for the Marshall addition. Following that meeting he had been
requested to meet with Mr. Charles Buccola of Lake -Cook Plaza to get his're-
action to Mr. Valenti's proposal. On September 30,.Mr. Buccola, Mr. Valenti,
and Mr. Franz met and Mr. Buccola expressed his displeasure with the Valenti
proposal. After presenting in full the Board's view and wishes regarding the
unresolved matter of many years standing, Mr. Valenti again rejected the Board's
requirements for the same reasons presented at the September 27 meeting. At
this point all began to look at what might be acceptable to both shopping cen-
ter owners.
Mr. Franz went on to say, "After'a three hour meeting, an agreement was proposed
which I reiterated again and again was not anything endorsed by the Board or
Staff but was merely an option to the other two afternatives (granting of`.the t
petition without the access or. denial of the petition.-because the access .issue
had not been resolved). The proposed agreement was. simply a third alternative
essentially involving: 1) an emergency connection'at the.southeast corner of
Lake -Cook Plaza, 2) removal of the stockade fence at the north end of the'
Deerbrook property to open up the two shopping centers by a pedestrian.walk-
way, 3) the closing of the originally proposed access at the southwest corner
of Lake -Cook Plaza with landscaping, etc. to prevent through traffic'at that
point, and 4) installation of an electrically controlled barrier for use ex-
clusively by the police and emergency vehicles, if either shopping center owner
proves the plan burdensome. In addition there would be a separate contract
for police services to insure the emergency connection is not used by shoppers."
He added that the village attorney had advised that a stipulation that the access
work be� completed by April 1, 1983 could be tied to the amended Special-.Use
-ordinance.
Trustee York read a section of the Deerbrook annexation agreement dated May 3,
1970 providing for an interconnect between the property now known as Lake -Cook
Plaza and the Deerbrook Shopping Center:
Owners agree:
b). that if the real estate North-of and adjoining the rear portion of the,
real estate to be annexed lying between, the Northerly boundary of said
real estate to be annexed and Lake Cook Road, shall be //J annexed to Village
and shall be zoned.for a business use; and, furt er, provided that.a
publicway is installed from Lake Cook Road to a point at the North line
of the property hereiri' described, Developer will provide for access'_to
said publicway from the parking area of-the real estate herein.described.
Trustee York moved, seconded by Trustee Seidman, that the- ordinance amending
the Special Use for Deerbrook, contingent upon a. vehicular public connection
between the Deerbrook and Lake- Cook.Shopping_centers, be approved.
Discussion followed with Trustee Swanson stating that after the Monday night
meeting with.Mr. Valenti he could better see the problems. He commented that
while the Board wishes an interconnect,just between the two shopping centers,_
there is an opinion that it would provide an access from Waukegan Rd._'to Lake -
Cook Rd. with such traffic. "running wild" through the'.Brunswick parking lot.
Also, he had not realized that the Valentis had plans for future: buildings which
they would want to have sited before traffic. is directed through the area.
I
132
Trustee Heisler stated that he had agreed with Trustee York at the previous
Board meeting: However, at the subsequent meeting with the Valentis,ihe felt'
they had some valid points. He pointed out that they had address d the problem
of.public safety, a proper concern of the Board, and had w rked,2t an arrange -
ment for emergency police and fire access between the�shop�ing „centers. He
went on to say that an interconnect for shoppers convenience was a marketing
matter with the decision for such an access belonging to Mr. Valenti. He felt
that an interconnection where it had originally been planned would not result
in a public through way, but he could see Mr. Valentis concern''for his future
building plans.
Mr.'F4.York then presented a sketch showing how.a 2 -way vehicular interconnect
for shoppers could be achieved without using land needed for future buildings
or jeopardizing safety of persons going from the Brunswick bowling alley to
the shopping center.
Col. Milan Weber, member of the Illinois Drivers Safety Council, speaking in
the public interest, stated that an unsafe condition exists for.eastbound
motorists leaving Lake -Cook Plaza who are immediately confronted by cars
from two Deerbrook driveways pulling out I in front of them. He strongly urged
an interconnection to Lake -Cook Plaza.in order to•use its traffic light and the
closing of one or both Deerbrook driveways at Lake -Cook Road.
Mr..Skolnick, proprietor of .a Deerbrook Tobacco shop, 'strongly urged passage
of the ordinance to permit the addition for Marshalls. He stated that busi-
nesses at Deerbrook were feeling _the recession and a Marshalls store was needed
to help restore a vibrant atmosphere by attracting a customer traffic flow.
Mr. Frank Elston, former Deerbrook shopkeeper, submitted that Mr. Valenti
would increase business at Deerbrook by an interconnect for shoppers. However,
Trustee Heisler pointed out that both shopping centers are private property and
that he feels the Village can go no farther than insisting on an emergency
vehicle access for public safety.
The motion to grant the amendment to the PUD Special Use, contingent upon -
a public interconnection, failed on the following vote:
AYES: Seidman, York (2)
NAYS: Ehlers, Heisler, Marty, Swanson (4)
Trustee Marty moved, seconded by Trustee Ehlers, that the alternate ordinance
received on October 4 (providing for an agreement for'limited access to Lake -
Cook Plaza) be amended to stipulate that no occupancy permit will be issued
for Marshalls if the agreed upon interconnection work is not completed by
April 1, 1983 and stand as first reading.
Trustee Marty stated that she felt it necessary to add that "Mr. Valenti's
lack of interest in the desires of Deerfield residents who are potential cus-
tomers of Deerbrook and his lack of cooperation with the Board is not very
understandable.”
At Mayor Forrest's request, Mgr. Franz read the agreement.referred to in the
ordinance.' Thereafter Trustee Seidman expressed extreme displeasure with the
ordinance and agreement providing only limited access. Mr. Valenti'distri-
buted to the .Board...a let. ter . stati.ng._that. future .Dee, rbrook plans would include
additional structure plans in the rear parking lot, and at that time, they
would reconsider a more permanent vehicular interconnection. Trustee Seidman
rejected the letter saying he felt it reflected continuing unwillingness to
honor terms of the annexation'agreement (now expired) and that it was not
relevant to the present issue.
A. The motion to have the amended alternate ordinance stand at firs 'reading
carried with.:Trustee Seidman and Trustee:York voting Nay.
� r
Mr. Charles Buccola of Lake -Cook Plaza stated that the closing of the end of
the road through.Lake -Cook Plaza did not have to be permanent;,that the
road would still be,available for public access if it, is later determined
that it should be opened.
FAUS FUNDING FOR RESURFACING
W. DEERFIELD,ROAD
RR TRACKS TO WILMOT RD.
He stated that with Board app
funding to remove and replace
a
Mgr. Franz reminded the Board that Deerfield Rd.
from Rosemary Terrace east to the Middle Fork
creed was resurfaced last year under the FAUS
program (70% Federal and 30% Village funds).
roval, an application could be made for FAUS
about 60% of the curb,.structure adjustment
r,
�I
1
IX
133
and reconstruction, resurf' acing,) pavement .marking.;.arid..restoration.' The',pre-
liminary cost is estimated at $226,500 with FAUS funding $1'48,000 and the'
Village $78,000 .(from a $100,000 resurfacing program considered for the 1983 -84
Budget).
Village Engineer James Soyka stated that if the Village moves rapidly there is
a good chance of receiving FAUS funding. Accordingly, Trustee Seidman moved,.
seconded by Trustee York, to authorize application for FAUS funding'.for
resurfacing of west- portion of Deerfield Road. Motion passed on the following
vote:
AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6)
NAYS: None (0)
Mayor Forrest asked for an update on the Tylenol problem. Chief /brandt repor-
ted that people had been bringing Tylenol into the police epart ent all day,
long, but that since there had been no reported Tylenol -r lated illness, he
had not yet sent the capsules to the lab, but he stated all would eventually be
sent to the Northern Illinois Crime Lab. He stated that records were being
kept on who, when, and where the capsules had been bought and whether anyone
had been ill. He reported that when the police department had-been first alerted,
police officers were sent to all stores known to sell that type of.medication
to advise them to..remove.it from their.shelves, and all had cooperated. White -
hall North and Brentwood Nursing homes had been contacted, and an officer went
door . to door at the senior citizens housing facility. Also' letters had been
sent to all persons known to be out of town.
BEER AND WINE LICENSES Mayor Forrest asked the Board to consider re-
MUNICIPAL CODE AMENDMENT duping the number of beer and wine licenses on
ORDINANCE NO. 0 -82 -52 first reading of an ordinance on hand.
Accordingly, Trustee Marty moved, seconded by Trustee Ehlers, to waive rules
to permit passage of the ordinance on first reading. Motion carried unanimously.
Trustee Heisler moved, seconded by Trustee Swanson, to amend Chapter 3 of the
Municipal Code to reduce the number of Class C licenses to two (2). Motion
carried on the following vote:
AYES: Ehlers, Heisler, Marty,.Seidman, Swanson, York (6)
NAYS: None (0)
Trustee York called attention to Fire Prevention Week, noting that the fire
department had given.a "marvelous demonstration on Sunday. ". He also commend-
ed the cooperation of the fire department and the police department. He.stated
that he-had witnessed a huge, heavily loaded, truck turn the Ford Pharmacy.cor-
ner too fast, knocking..down the traffic light, and without stopping,proceed
east on Deerfield Rd. He went on to say that the assistant fire chief happened
by, saw the incident., and at about Briergate, pulled his car in front o.f. the
truck and stopped it. Police who had been promptly called arrested the truck
driver. He added, "I think we have wonderful fire and police departments."
Other Board members voiced agreement.
Mgr. Franz asked press cooperation in a'notice to the public that October 12
was the deadline for returning SBA,loan applications. He reported that there
had'been 117 completed and returned but that there -were still 423.out.
Mgr.. Franz reported that Omn.icom had stated that to market their Cable TV
service_, they need to call on residents in the evening. Solicitation'after
5 P.M. is prevented by,ordinance and they are requesting some consideration
in this regard in order to contact those who can and will make a decision on
the amount and service they wish. Mgr. Franz went on to say that Omnicom
was somewhat unique and differed from ordinary solicitors, since they had'been
franchised by the Village. However, exceptions cannot be.made. But,..it is pos-
sible to amend the municipal code to permit a Village franchised firm to market
its services in the evening. Their personnel would be registered and carry
proper identification.
134
Trustee Marty moved, seconded by Trustee.Ehlers, %to' instruct the attorney to
prepare an amendment to the Municipal Code to permit firms franchised by the
Village to call on potential customers until 8 P.M. Motion carried unanimously.
Discussion was.had about the need to work out some arrangement for contacting .
those homes posted with a "No Solicitors Invited" sign. Questions arose as
to the advisability of direct marketing contact rather than printed material .
left at homes. Trustee Seidman favored material left at homes prior to
personal solicitation. Mgr. Franz stated that it was up to the home owner, but
,that since it was part of the agreement with Omnicom that free installation
,.would be granted during the first 30 days, residents might want to be con -
tacted at once by Omnicom personnel. It was explained that the 30 -day free
installation starts with receipt of printed information or verbal presentation.
FBI CHARGES. Mgr. Franz reported that.the Village had.been
LIQUOR LICENSE APPLICATIONS advised by.the FBI that they are now going to
charge,$12 per person for processing finger-
prints of those seeking liquor licenses. He stated Staff felt those fees
should be passed on to the applicant.
Accordingly, Trustee Seidman moved,, seconded by Trustee Ehlers, to instruct
the attorney to prepare an ordinance stipulating that applicants for liquor
licenses be charged for FBI processing fees as well as an the
Village might charge for that application. Motion carried unanimously.
There being no furthei'business to come before the Board; on motion by Trustee
Marty, the meeting was adjourned at 9:55 P.M.
"-EST:
i
L
Village Cle r?
APPROVED:
Mayor,
W
I
1
3
e
W
I
1