01/06/1986The regular meeting of
to order by the Mayor
uary 6, 1986, at 8:05
following were
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January 6, 1986
the Board of Trustees of the Village of Deerfield was called
in the Council Chamber of the Village Hall on Monday, Jan -
P.M. The Clerk called the roll and announced that the
Present: Bernard Forrest, Mayor
Cynthia J. Marty
James L. Marovitz
Harriet E. Rosenthal
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 James K. Stucko.
The minutes of the previous meeting were discussed. Trustee Rosenthal raised a
question regarding the Tollway North annexation petition (page 2, first paragraph,
line 11). She asked that the minutes be clarified regarding the One Hundred
building on the north parcel. The petitioner proposes to demolish the existing
structure and replace it with an office building of approximately 150,000 square
feet.
With this correction, Trustee Marty moved, seconded by Trustee Seidman, that the
minutes be approved. Motion carried unanimously.
PROCLAMATION - FORT Mayor Forrest read his Proclamation regarding Fort
SHERIDAN CENTENNIAL Sheridan Centennial Day, November 8, 1987, and
1987 as Fort Sheridan Centennial Year. Since the
Fort Sheridan Centennial Commission has requested a commemorative stamp for the
occasion, the Proclamation is being issued at this time. Trustee Marty moved,
seconded by Trustee York, that the Proclamation be approved. Motion carried
unanimously.
PROLAMATION - CARING Mayor Forrest read his Proclamation declaring
FOR OTHERS DAY February 4, 1986 as Caring for Others Day. Present
to receive the Proclamation were Mrs. Fiorillo,
Chairman of the Human Relations Commission; Mrs. Marlene Goldberger and Mrs. Lydia
Scott, Members of the Human Relations Commission; and Mrs. Ann Covey and Mrs. Bea
McAbee, originators of Caring for Others Day. Mrs. Fiorillo, speaking for the
group, stated that while the emphasis of the program is on doing something of
significance for others, the intent is to carry the spirit of love throughout the
year, especially highlighting this on February 14th. She thanked Mayor Forrest
and the Board for the proclamation.
Trustee Marty moved, seconded by Trustee Marovitz, that the Proclamation be appro,.
Motion carried unanimously.
REPORT ON Charles Smalley, Director of Building and Zoning,
DEPARTMENTAL presented his report on Departmental Objectives, stating
OBJECTIVES that he had included graphs with the report showing the
comparison between 1984 and 1985. He added that 1985
was a record year in construction dollars expended and permits issued. Trustee
Seidman asked for clarification of the reference to structures ,removed. This in-
cluded six single family residences which had.been abandoned or had fallen into
disrepair.
The Board accepted the report and complimented Mr. Smalley on the performance
of Staff during this banner year.
PLAN COMMISSION RECOMMENDATION Mr. Franz read the recommendation of the Plan
ARBOR LAKE DEVELOPMENT CHANGE Commission regarding the request for modification
of the previously approved Final Development Plan
for the Arbor Lake development. It is their opinion that the proposed modifications
are in substantial conformance to the previously approved plan and, therefore, no
public hearing would be required. After discussion, it was consensus that the
changes were chiefly reductions (i.e., smaller foot print, larger set back, smaller
sign) from the original plan. Mr. Ted Novak explained that the Embassy Suites hotel,
as previously contemplated, would have been a franchise operation whereas the new
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proposed facility would be managed and operated by the parent company in con-
junction with Charles Shaw Corporation.
Several questions were raised regarding the meeting rooms, ballroom capacity,
and the sign change. Regarding these questions, Mr. Novak stated that there would
still be meeting rooms but on a smaller scale; the ballroom could accommodate
about 430 people for dinner; and the sign will be reduced in size and will now have
individual letters applied to the face, lighted from within.
Mr. Novak stated that the developer is anxious to move forward and, if the Board
granted the request, construction will begin in the Spring as soon as weather
permits.
The Northbrook Fire Department requested changes in the fire lanes for the develop-
ment. In response to Trustee York's question, Mr. Novak stated they would comply
with those requests.
Trustee Seidman moved, seconded by Trustee Marovitz, that the Plan Commission's
report and recommendation be accepted, eliminating a need for a public hearing
to approve these modifications. Motion carried unanimously.
ACCEPTANCE OF
19F5 AUDIT
fairly represent the
Mayor Forrest stated that the Finance Committee had
met and discussed the audit and had reviewed the
Management Letter. It was their opinion that they
financial condition of the Village and were well done.
Trustee Rosenthal moved, seconded by Trustee Seidman, that the Management Letter
and the 1985 Audit be accepted and placed on file. Motion carried unanimously.
CONSENT
Trustee Seidman moved, seconded by Trustee Marty, that
AGENDA
the Consent Agenda be approved. This included:
ORDINANCE
GRANTING
First reading was had on an ordinance granting a sign
SIGN MODIFICATION
modification for Marriott.
ORDINANCE
AMENDING
An ordinance amending surcharge rates for industrial
SURCHARGE
RATES - 0 -86 -1
wastes received second reading and was adopted.
ORDINANCE
APPROVING
An ordinance approving the Official Map of Deerfield
OFFICIAL
MAP - 0 -86 -2
received second reading and was adopted.
Motion to approve the Consent Agenda, including passage of two ordinances was
carried unanimously.
RESOLUTION R -86 -1 Under consideration was a Resolution objecting to a
COOK COUNTY REZONING petition before Cook County for rezoning of three
parcels on Wav�:egan Road, adjacent to Edens Spur,
from C -2 Restricted Office District to C -4, General Commercial District. Trustee
York questioned whether a future use for this property other than the Red Roof Inn
would not be more objectionable and whether the health, safety and general welfare
of the Village would be affected by the rezoning.
Trustee Rosenthal said the Village of Deerfield has been very careful in approving
hotel ordinances, and had disapproved a request for a motel which, it was felt, was
not in keeping with the community.
Reference was made by Mr. Stucko to a similar resolution which was adopted when
development of the old Chalet property was proposed. This resulted in the developer's
appearing before the Deerfield Plan Commission to work out a development acceptable
to the Village. He also stated that the "health safety and general welfare" clause
has a common and understood meaning in such documents. The Village of Northbrook
will also adopt a similar ordinance. These are then forwarded to Cook County and
will require a three - fourths vote on the rezoning petition.
Mrs. Ruffino pointed out that, while the Red Roof Inn was proposed for one of the
parcels, rezoning was being sought for all three parcels which would allow any of
the uses permitted under Cook County's C -4 classification.
Trustee Marty moved, seconded by Trustee Marovitz, that the Resolution be adopted.
Motion carried unanimously.
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Trustee Marovitz asked Chief Richard Brandt to explain the Village's policy as
it relates to DUI arrests and procedures, including the publication of names in
the local newspapers.
Chief Brandt stated that the initial stop of a motorist is made for a violation
such as lane changing, faulty head or tail lights, expired license plate or
similar violations. After the initial stop and prior to making a DUI arrest, there
must be probable cause to assume the driver is under the influence. A physical co-
ordination test is normally given at the scene. If there is cause, the driver is
brought to the station where his /her physical coordination is tested by several
procedures (walking a straight line, touching a finger to the nose,'picking up coins).
This is done in the lock up section of the station. If the driver fails these tests,
he /she is charged with DUI, and is then asked whether he will take the breath test.
Under the new law, effective January 1, 1986, the Officer must advise the driver
that a result above .10 on the breath test will result in the automatic loss of
license for three months and refusal to take the breath test will result in a six
months' loss of license unless there has been a previous conviction for DUI, in
which case the license is lost for one year.
While .10 on the breath test results in the loss of license for three months, with a
reading between .05 and .09 the driver must appear in court on the charge of
DUI but does not lose the driver's license at the time of the arrest.
If the physical report the Officer makes out prior to the breath test is not con-
sistent with the results of the breath test, it could mean he is under the influence
of something other than alcohol. He could then be asked to proceed to the hospital
for a blood and /or urine test for other substances.
The Deerfield Police Department issues approximately 3,000 to 4,000 traffic citations
annually. These citations go directly to the Court and are not available to the
press for that reason. Only those cases where an actual arrest is made are available
to the press, with no differentation between DUI's and other arrests.
For breath tests results below the .05 reading, the visual condition of the driver
and the officer's report of the physical condition of the driver must show some
reason to charge the person with DUI. These two reports precede the breath test.
The Miranda warning is given prior to detailed questioning of the driver. The
implied consent ruling covers all procedures up to that point.
The Police Department can not dismiss a citation but they can ask the Presecutor
to dismiss it in Court if there is reason to do so.
Trustee Marovitz said he felt there was considerable misunderstanding and mis-
in4ormation as to how DUI's are handled and the procedures followed. Trustee York
suggested the Village Manager and Chief of Police prepare such information for the
press, including the fact that although names appear in the press for DUI arrests,
this not necessarily mean there will be a guilty finding.
When asked whether the publicity has proven to be a deterrent to driving under the
influence, Chief Brandt replied that the emphasis being placed on this - not only
by Deerfield, but by other communities - will probably be a deterring factor.
In further clarification of the new law, Chief Brandt said the Officer takes the
license at the time of the stop. The person then drives on a certificate issued
by the Officer for the next 45 days. His license will be suspended 46 days after
the arrest although he can petition for a judicial hearing, w1 thin. the 45 days,
for a driving permit but a 30 day suspension is mandatory. Chief Br,and� explained
the driver's license is sent to the Court and the Secretary of State is, notified
of the pending suspension on the 46th day.
These new laws could mean much more Court time for our Officers since they can be
sub poenaed by the defense attorney. Reports now must be more extensive than in
the past since those reports are r.nnsidered by'the Court. If the Officer is sub
poenaed and fails to appear', the suspension is negated. No excuse is acceptable
for the Officer's not appearing.
Trustee Marovitz said it would be interesting to see what the strict enforcement
of the new law will show in the next year, assuming the law is upheld as con-
stitutional. Chief Brandt expects a decrease in DUI arrests.
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WATER MAIN Mr. Franz reported that there had been a second break
REPLACEMENT in the 6" main which crosses the creek at Central
Avenue. It was found that the headwall of the bridge
was resting on top of the main, causing the breaks. The main was replaced at a
cost of $7,000 as an emergency measure. This action was now being reported to
the Board since the cost exceeds $4,000, and was undertaken as an emergency measure.
There being no further business to come before the Board, the meeting was adjourned
at 9:07 P.M.
APPROVED:
WN OR
ATTEST:
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