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10/03/1983October 3, 1983 245 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 Monday, October 3, 1983, at 8:00 P.M. The Clerk called the roll and reported that the following were PRESENT: Bernard Forrest, Mayor Stephen Jackson Cynthia Marty James Marovitz Edwin Seidman Vernon Swanson J. Robert York Also present were Village Manager Robert Franz and Village Attorney James Stucko. Trustee Seidman moved, seconded by.Trustee Marty, that the minutes of the September 19, 1983 meeting be approved as submitted. Motion carried unanimously. PROCLAMATION DEERFIELD LIONS adopted. Motion carried Mayor Forrest read a Proclamation regarding Lions Club Candy Sale Day in Deerfield, October 14th. 'Trustee Seidman moved, seconded by Trustee Jackson, that/'the Proclamation be unanimously. / PROCLAMATION Mayor Forrest read a Proclamation regarding Drug Free Youth DRUG FREE Month during November. Trustee Seidman moved, seconded by YOUTH MONTH Trustee Jackson, that the Proclamation.be adopted. Motion carried unanimously. PROCLAMATION EMPLOYEE FITNESS DAY Mayor Forrest read a Proclamation regarding Deerfield Employee Fitness Day on October 26th. Trustee Jackson moved, seconded by Trustee Seidman, that the Proclamation be adopted. Motion carried unanimously. ORDINANCE 0 -83 -35 Because of the number of people in the audience who were in- SPECIAL USE terested in the matter regarding St. Gregory's Church, Mayor ST. GREGORY'S Forrest stated that this would be the first item considered. He stated that, at the previous meeting, the Board had authorized the preparation of an ordinance granting the special use for construction of an additional structure, without the dedication of the 17' in question, but with the stipulation that the use of the pro- posed building be limited to clergy residents. Since that meeting a request was re- ceived from Mr. Henr,yV 1glle. _askin for:.ga4s e o .• t e .O dinatl a on. f]]'rrSgt{� r,eadin. '19 ntik� iil !I�ii!lr fituhtr� la i�s�a�f1 �+�i l y isW!? !, ti g rJF►'�Mkw i� pa "s sage on first reading. Motion carried unanimously. Trustee Seidman then moved, seconded by Trustee Marovitz, that the ordinance, be adopted. Mayor Forrest said that at the September 19th meeting, the,dedication of the 17' had been discussed at length, with the consensus being that if the Village should require this dedication at some time in the future, St. Gregory's would cooperate. Mr. Thullen said that he had indeed made that statement and repeated it at this time. Mayor FOrregt said the Village would contact the Church in the event this became necessary. The Ordinance was adopted by the following vote: AYES: JACKSON, MARTY, MAROVITZ, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) Mr. Thullen expressed his appreciation and that of the entire congregation for the expeditious and courteous manner in which this matter had been handled. INDIAN HILL ROAD/ The recommendation of the Safety Council that this intersection CENTRAL AVENUE be declared a dangerous intersection was again discussed. Trustee Marty stated that she favored accepting the Manager's recommendation that the trimming of the shrubbery be worked out on a voluntary basis with the homeowner. Chairman Sheila Stanger, of the Safety Council, stated that the previous owner had been asked to cut the bushes. Since he had not complied, the only recourse was to have the intersection declared a dangerous intersection and included as such in the Municipal Code, thus enabling the Public Works Department to cut the bushes to im- prove the sight distances at that intersection. Mr. Franz reported that the new owner has agreed to trim the bushes and compliance is expected within the next few days. Trustee York stated that there are many intersections throughout the Village where sight distances are obscured by plantings in the parkways and it was his opinion that the Village should do whatever is necessary to have the plantings cut wherever they create an ob- struction. Trustee Marovitz felt that if compliance can be achieved without the necessity of adoptinq 246 an ordinance, this would be preferable. Mayor Forrest asked that pictures be taken after the bushes at this particular intersection have been trimmed and that this matter be placed on the November 7th agenda for further discussion. PLAN COMMISSION REPORT Mr. Franz read the recommendation of the Plan Commission, as FIAT -ALLIS PROPERTY follows: Rezoning from I -2 to I -1; ancillary office uses to include a book and stationery store and office supply store, a sit -down restaurant with a maxi- mum of 8,000 square feet, maximum retail space in Phase I of 15,000 square feet with another 15,000 square feet maximum in Phase II (not to include health club or restaurant [health club to be limited to 3,000 square feet]); approval of text emandment to add medical /dental offices as a special use with parking restrictions; medical /dental offic to be included in the PUD, not to exceed 20,000 square feet; variation on eastern peri- meter setback provisions to premit parking in that sideyard; variation of perimeter set- backs to permit canopy /arches over entryways, with condition tha a definite plan as to height and placement be presented; variation to permit 54' wide driveways at eastern portion of Kates road and eastern portion of Lake -Cook Road, to include 10' median islands; variation to permit less than densely planted evergreens 5' high or 5' berm or combination of both; exclusion of the atrium and mall areas from the gross square footage; development of Phase I parking with provisions for landbanking; access be granted from Lake -Cook Road at the eastern drive, with traffic signal to be installed as quickly as possible and interconnected to the railroad and adjacent signals at the cost of the developer; approve three drives giving access to Kates Road; improvements at Waukegan and Kates Roads, at the expense of the developer; only one eastern drive; temporary sign for one year to be 10' high x 20' long and 6' off the ground or 16' at the top, illuminated on the sides from the ground with white lights, double -faced and located on Lake -Cook Road; approval of a PUD for Phase I to include all aforementioned stipulations and approvals; approval of Phase II concept, without approval of plans shown. I ' Mr. Joseph Ash, Attorney for the petitioner, stated that the architect and planner were present to answer any questions. Basically, there is agreement with all recommendations of the Plan Commission except for the elimination of the westerly drive. The petitioner feels that an access drive at the westerly end is crucial to the orderly development of the traffic pattern and for the benefit of the overall traffic flow. For that reason, Barton - Aschmann, Traffic Consultants, had prepared a blow -up of that access drive, ex- plaining the design of the two drives. The.present barrier type median ends at the eastern drive. It is proposed that this be extended westerly to the east access and also that at the westerly entrance, a triangular barrier is proposed for directing traffic at that location right turning in or out. The barrier would be about 6" off the surface of the pavement. Lake County has indicated they would be receptive to submittal of a proposal to signalize the eastern drive, at the petitioner's expense. Mr. Jerry Lindgren, of Barton - Aschmann, explained in great detail the traffic flows at the site. There was general discussion of all of the ramifications of having both the easterly and westerly accesses to the site. Trustee Swanson asked whether the develop- ment east of this property had been considered. Mr. Lindgren said that while they were not aware of any particular development plans to the east, they did not.think the volume of traffic generated would be as high as that on the Fiat -Allis site. Trustee Swanson stated that, for the record, the Board must remember and bear in mind while studying both of these developments that there are common traffic problems that should be resolved. The Sara Lee traffic and use of Kates Road were discussed. It was agreed that the biggest problem would be east bound traffic in the morning. Extension of the median barrier to the west and installation of a triangular island at the easterly drive would serve to eliminat eastbound left turns into the site*.' Mr. Slavis, Plan Commission member, was present and stated that their concern was the left turns into the site but that the barrier extension and the triangular island, which would be raised, would effectively cut off those left turns. He said he was less con- cerned about the problem in view of these proposals. Trustee Seidman suggested that the barriers be 9" high rather than the 6" mentioned and there was general agreement that this be pursued with the County Highway Department, requesting the highest allowable barriers. Village Engineer Soyka also said that if the barrier is permitted, this would be an acceptable arrangement. However, he said he had.problems with the proposed traffic signal, which will be close to the railroad tracks which, it is felt, will cause some safety problems with the railroad. It is also 250' west of the present signal at Lake -Cook Plaza. It was recommended by Mr. Soyka that a sophisticated interconnect system be used if the light were permitted. The estimated cost will be approximately $200,000 for the interconnect, plus the cost of the signal. If for some reason the County Highway Depart- ment denied the signal, he asked whether the developer would consider realigning his driveway with the present Lake -Cook Plaza signal and making a frontage road across the Kleinschmidt property. Mr. Ash said they would be happy to discuss that. 0, -' i 5 947 Discussion then turned to the proposed restaurant. Trustee Seidman felt that the evening hours should be limited so that outsiders would not be encouraged to patronize the restau- rant. Mr. Ash stated that it was.not their intention to encourage the general public into the area, but that it was for the convenience of the tenants. He said that with the ultimate square footage (600,000) these proposals would encourage the tenants. -to remain in the com- plex rather than going outside. The restaurant would be located within the building rather than free standing. No advertising would be permitted. Trustee York asked for some information about the developer. Mr. Ash replied that Mr. Michael Levin had recently come into the real estate office business and had built the Arlington Heights Executive Plaza, with this proposal to be his next venture, to be financed from personal funds. It was estimated that about 1500 people would be-em- ployed when Phase II has been completed. Trustee York moved, seconded by Trustee Jackson, that the petitioner's explanation on the right and left turn lanes be accepted as logical. Motion carried unanimously. Mayor Forrest then asked Mr. Stucko to explain the procedure to be followed. Mr. Stucko said that, in view of the fact that the Board was dealing with an existing structure, the Board could vote to approve the preliminary plat and direct prepa�'ation of the ordinances with all variations and special uses and the text amendment for the medical/ dental offices. Then when the petitioner again appears before the Board with the final plan, the ordinances could be considered. Further discussion regarding the proposed traffic signal followed, with the Board deciding that the interconnection of the proposed signal with existing signals should be included in the motion to be made. Mayor Forrest said he had one additional comment - at the time the petitioner returns to the Board for consideration of Phase II, Mayor Forrest hoped the Village would be in the process of getting a railroad crossing at Kates Road and he Would l.ike to ask the developer to contribute to that improvement. Mr. Levin said he would be glad to discuss that when Phase II is being considered. Trustee Marty asked how soon the sewer would be constructed across the brickyard property and Mayor Forrest said he had instructed the Staff to move that project along as soon as possible. Trustee Marty moved, seconded by Trustee Marovitz,_that the recommendations of the Plan Commission (with the inclusion of the westerly drive) be accepted and the preliminary plat approved; the Village Attorney be directed to prepare an ordinance rezoning the property from I -2 to I -1 and to approve the special uses, the PUD and the text amendment to permit medical and dental offices. The motion carried unanimously. LAKE -COOK Mr. Franz read the Plan Commission's recommendations, as OFFICE CENTRE. follows: screening requirement, along the southern property line be waived; accept berm along the eastern side as con- structed; parking lot signs approved as indicated on plans submitted; four address /oc- cupant signs permitted of the same design and materials as the existing sign, total signage not to exceed 100 square foot (one sign) with a maximum of 25 square feet on any one side. Inadvertently omitted from the recommendation was the denial of a flag or banner depicting the Office Centre logo. This was included in the recommendation by the Board's action. Trustee Marty moved acceptance of the recommendation, seconded by Trustee Seidman and carried unanimously. Ms. Ruth Wuorenma, Attorney representing the petitioner, stated that they agreed with all recommendations with the exception of the denial of the third banner. Mayor Forrest said' it was his understanding that Mr. Stein was considering using the Village flag rather than the Lake -Cook Office Centre flag, in which case there was no problem. Trustee Seid- man felt that allowing these flags might set a precedent but the Board did not feel that this would p'reserit "a 'prob em. - Trustee Marty moved, seconded by Trustee Swanson, that the Plan Commission's recommendations be accepted but that the third banner be permitted..-Motion carried by the -following -:. vote: AYES: MAROVITZ, MARTY, SWANSON, YORK (4) NAYS: JACKSON, SEIDMAN (2) ORDINANCE 0 -83 -36 Trustee Seidman moved, seconded by Trustee Swanson, that the DECEPTIVE PRACTICES ordinance be adopted. Motion carried by the following vote: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) 2,48 r ORDINANCE 0 -83 -37 Trustee Marovitz moved, seconded by Trustee Marty, that the TAX INCREMENT FINANCING ordinance approving $150,000 in TIF funds for the Buccola BUCCOLA REDEVELOPMENT Redevelopment Project be adopted. The motion carried by the following vote: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) COMMONS TRAFFIC Trustee Jackson moved, seconded by Trustee York, that the SIGNAL AGREEMENT Mayor be authorized to sign the agreement for the installation of a traffic signal on Waukegan Road at the entrance to the Commons. Mr. Stucko reported that all other parties have signed the agreement. The motion carried by the following vote: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) APPROVE AUDIT Audit Report for the Trustee Marty moved, accepted and placed Mayor Forrest reported that the Finance Committee had met with the Finance Director and the Auditor to discuss the fiscal year ending April 30-, 1983, and are pleased with the results. seconded by Trustee Seidman, that the Annual Financial Report be. on file. Motion carried unanimously. . RESOLUTION R -83 -11 Mr. Franz reported that the Staff has had several meetings PFINGSTEN EXTENSION with the Cook County Highway Department and the Illinois Division of Water Resources regarding the property which is jointly held by IDOT and the Village to discuss the extension of Pfingsten Road to the north. All had indicated that they would cooperate in this effort although there were some details to be worked out. Mr. Franz said the Village felt it was time to adopt a formal Resolution and pursue this matter. Trustee Marty asked how the negotiations between Bannockburn and the Lake County Forest . Preserve District were progressing in regard to the retention �asin.in' Bannockburn. Mr. Franz said that they had met and are apparently close to agreement and are due to meet again next week to resolve their differences. Discussion was held on the stock piling of dirt from the property in the brickyard. The extension of Pfingsten Road would have no impact on the proposed retention basis for this site. Trustee Seidman moved, seconded by Trustee Jackson, that the - Resolution be adopted. Motion carried by the following vote: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) ORDINANCE 0 -83 -38 This ordinance would amend the Municipal Code to provide for PARK DISTRICT LIQUOR dispensing of beer and wine on Park District properties, in accordance with the Revised State Statutes. Trustee Seidman moved for a waiver of the rules to permit passage on first reading, seconded by Trustee Swanson. Motion carried unanimously. Trustee\ Swanson moved, seconded by Trustee Seidman, that the ordinance be passed. Motion carried by the following vote: AYES: JACKSON, MAROVITZ, MARTY, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) Mayor Forrest stated there were two additional items which were not included on the agenda. OVERNIGHT PARKING Mr. Douglas Thornton, 1324 Kenton Road, asked the Board to consider an amendment to the ordinance which permits 12 on- • street parking privileges per year per household. He stated that this was a hardship for many families and felt the number of permits should be increased. Mayor Forrest directed that the Police Department research the number of requests per year and report to the Board. This will be considered again at the next meeting. 118 WILLOW Mr. Paradiso explained that, due to several injuries to his workers, work had been difficult, plus the fact that delivery of the trusses, tiles and windows had held him up. Mr. Franz reported that the roof was now in place. After discussion, Mr. Paradiso said that all of the outside work should be completed by the end of November. Mr. Franz said the problem has been that work is done in spurts, usually just before a Board meeting where this will be discussed. He would like to see the property look.good to anyone passing. All materials should be stored in the back of the property rather than in front, although the tiles are presently in front but will soon be used to finish the roof. Mr. Paradiso assured the Board that work will proceed, with the exterior to be finished first and work to continue on the interior. Mayor Forrest directed that this be placed on the agenda for Nuvember 7th. 249 MANAGEW S.REPORTS Mr. Franz reported that he had appeared before the Cities and Villages Municipal Problems Commission to present a statement for the Village regarding the collection and distribution of sales tax re- ceipts. He said the statement had been well received; with several communities coming forth to speak on the subject. He felt the Commission shared the Board's concern and that there would be further developments. Trustee York said the area Chambers of Com- merce had also met with many legislators to discuss this matter and he also felt more. action would be forthcoming. There being no further business to come before the Board, the meeting was adjourned at 10:15 P.M., on motion of Trustee Seidman, seconded by Trustee Swanson. APPROVED: MAYOR ATTEST: Deputy Village Clerk LI 0