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07/20/1992July 20, 1992 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, July 20, 1992 at 8:00 P.M. The Clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor Marvin Ehlers James L. Marovitz Harriet E. Rosenthal Edwin B. Seidman Michael Swartz and that a quorum was present and in attendance. Also present was Village Manager Robert Franz and Village Attorney James Stucko. Trustee Seidman moved, seconded by Trustee Swartz, that the minutes of the previous meeting be approved. Motion carried unanimously. BILLS AND PAYROLL Trustee Seidman moved, seconded by Trustee Ehlers, that the Bill and Payroll be approved. Motion carried by the following vote: AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swartz (5) Nays: None (0) TREASURER'S REPORT Finance Director George Valentine reported that sales tax receipts are 5% over the previous 12 month period. The Water Fund indicated that water expenditures are in excess of projection. An extraordinary amount of water was purchased in May and June due to the drought in May and first half of June. As of June 30, 1992, 104.1% of cash was invested at an average interest rate of 6.09 %. DEPARTMENTAL OBJECTIVES James Soyka, Director of Public Works/ ENGINEERING - PUBLIC Engineering, gave an overview of the WORKS 1992 -93 departmental objectives and status report submitted to the Board. Mr. Soyka mentioned that in testing fire-hydrants on private property of several hotels and an office building, the Water Department found five inoperable hydrants. The Board suggested the Village take a more active and responsible role in repairing the inoperable hydrants. CEMETERY IMPROVEMENTS The Streetscape Design Task Force found the Cemetery Association's proposed improvements for a new wrought iron fence and gate along Waukegan Road, rebuilding and tuckpointing the brickwork, pyramid shaped limestone caps and refurbishing the entrance archway to be compatible with the established Streetscape design for Deerfield. Trustee Marovitz moved, seconded by Trustee Swartz, that the proposed improvements to the Deerfield Cemetery be. approved and the improvements authorized. Motion carried unanimously. FLODSTROM /LOEWS Loews Theaters proposed building an 8 MOVIE THEATER screen, 2,420 seat movie theater complex on the T- shaped parcel north of Marriott Courtyard. Recommendation for approval by the Plan Commission is contingent upon the following: (1) landscape buffering be provided at the Marriott Courtyard and at the Callahan building; (2) access of the north east corner be designated "right turn only" to Deer Lake Rd.; (3) At the Pfingsten Road side, either a stacking bay for southbound traffic or right turn in and right turn out only; 4) walkways be provided through the parking lot; 5) if the Village Board deems it appropriate, "No Theater Parking" lJ 1� signs be provided at the Callahan building (at petitioner's expense); 6) the Board of Trustees give consideration to restricting the starting time for the last feature; 7) the Plan Commission has concerns about the size and location of signage on Pfingsten Road; 8) Village Board satisfy itself as to the height of the building; 9) Village Board consider requiring Loews Theaters to provide off -duty police for traffic direction during peak hours, if needed; (10) a landscape plan be presented; (11) a lighting plan be provided, indicating that the lights be directed away from Marriott; (12) Village Board satisfy itself regarding the cross - easement agreement with Chi Chi's restaurant. It was the recommendation of the Plan Commission that the subject property be rezoned from I -1 Office, Research and Restricted District to C -2, Outlying Commercial District, and that a Special Use for the movie.theater be approved; Village Attorney be asked to determine whether there are ways to limit future usage of this building in the event theater should cease operation; and petitioner be required to return to the Plan Commission with plans for signage at both Lake -Cook Road and Pfingsten Road recognizing the 50 foot setback at Lake Cook Road. Sven Flodstrom, petitioner, and Alan Stefaniak, attorney repre- senting petitioner, appeared before the Board and referred inquiries to the various individuals involved with the proposed theater. Questions by the Trustees on hours of operation, parking space, lighting, signage and traffic impact were answered by Charles Goldwater, General Manager of Loews, Fred Bernheim and Lawrence Kahn, architects, and Rolf Kilian of Metro. Transportation. Deerfield residents who expressed their objections- to the proposed project at the meeting were Denise Kodner, Jim Mayer, Randi Mayer, Howard Berkley, Merna Berkley, Will Moss and Alan Kaplan. Increased traffic on Pfingsten Road was their main concern. Trustee Marovitz moved, seconded by Trustee Rosenthal, that "right turn in and right turn out only" in item 3 of the recommendations be deleted. Motion carried unanimously. Trustee Marovitz moved, seconded by Trustee Seidman, that item 6 of the Plan Commission's recommendations regarding restricting starting time for last feature be deleted. Motion carried unanimously. Trustee Marovitz moved, seconded by Trustee Ehlers, that item 9 of the Plan Commission's recommendations regarding off -duty police. for traffic direction during peak hours be deleted. Motion carried unanimously. Trustee Seidman moved, seconded by Trustee Swartz, that the recommendation of the Plan Commission re request for rezoning, Special Use for a movie theater complex, necessary variations and amendments to PUD - Flodstrom /Loews, as amended, be approved. Motion failed by the following vote AYES: None (0) NAYS: Ehlers, Marovitz, Rosenthal, Seidman, Swartz (5) Meeting recessed at 10:OO,PM and resumed at 10:10 PM. SUBSTANTIAL CONFORMANCE Deerbrook Shopping Center proposes to DEERBROOK MALL enclose a 5,640 square foot area between the main mall building and one of the free - standing kiosk buildings at the northern end of the mall. The Plan Commission finds the expansion to be in substantial conformance to the originally approved plan. -2- Trustee Seidman moved, seconded by Trustee Swartz, that the recommendation of the Plan Commission regarding request for finding of substantial conformance - Deerbrook Shopping Center be approved. Motion carried unanimously. PARKING LOT DESIGNS FOR COMMERCIAL AREAS that need to be made to The Plan Commission requested permission to review the parking lot design /require- ments and any appropriate text amendments the Zoning Ordinance. Trustee Rosenthal moved, seconded by Trustee Marovitz, that the recommendation,of the Plan Commission to review parking lot design /requirements be approved. Motion carried unanimously. 0 -92 -35 ORDINANCE INDEMNIFICATION AGREEMENT -COOK COUNTY HIGHWAY DEPARTMENT 0 -92 -36 ORDINANCE CLASS C - CLASS I LIQUOR LICENSES Consent Agenda Ordinance implementing Indemnification Agreement with Cook County Highway Department. Ordinance increasing number of Class C Liquor Licenses (five to six) and reducing number of Class I Liquor Licenses (one to none). Trustee Seidman moved, seconded by Trustee Marovitz, that the Consent Agenda be approved and the Ordinances adopted. Motion carried by the following vote: AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swartz (5) NAYS: None (0) 0 -92 -37 ORDINANCE CLASS A SPECIAL USE 841 WAUKEGAN ROAD - CARDELLA Trustee Marovitz moved, seconded by Trustee Ehlers, that the rules be waived to permit passage of the Ordinance on the first reading. Motion carried unanimously. Trustee Rosenthal moved, seconded by Trustee Swartz, that the Ordinance approving a Class A Special Use - 841 Waukegan Road - Cardella, be adopted. Motion carried by the following vote: AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swartz (5) NAYS: None TRANSITION PLAN - Trustee Seidman moved, seconded by AMERICANS WITH Trustee Swartz, that the transition plan DISABILITIES ACT for Americans with Disabilities Act be accepted. Motion carried unanimously. Trustee Marovitz moved, seconded by Trustee Ehlers, that following adjournment the Board go into executive session to discuss land acquisition. Motion carried unanimously. ADJOURNMENT There being no further business, upon motion of Trustee Seidman, seconded by Trustee Swartz, the meeting adjourned at 10:20 P.M. ATTEST: V 11agAC erk ROVED:. Mayor 50 IJ