07/01/1985J
July 1, 1985
The regular meeting of the Deerfield Board of Trustees was called to order by
_ the Mayor in the Council Chamber of the Village Hall on Monday, July 1, 1985
at -8:00 �P.M. The Clerk called the roll and announced that the following were 1.
Present: Bernard Forrest,,_. M� -.— r,
James L. Marovitz
Harriet E. Rosenthal
Edwin B. Seidman.
Vernon E. Swanson
J. Robert York
Absent: Cynthia J. Marty
and that a quorum was present and in attendance. Also present were Assistant
Village Manager Marjorie Emery and Village Attorney James K. Stucko. T
Trustee Seidman moved, seconded by Trustee Marovitz, to approve the minutes of
the previous Board meeting. Motion carried unanimously.
1308 HAZEL-AVENUE (MARSHALL)
RESUBDIVISION REQUEST
PLAN COMM. REP. /RECOMM.
ifornia for the resubdivision into fo
corner of HazeL• and Prairie Avenues.
of 3 -1, to deny the petitioner's plan
/,5-7
Assistant Manager Marjorie Emery'reported
that a public hearing was held May 23, 1985
to consider the request of Katherine Mar-
shall, 1072 Del Rio, San Luis Obispo, Cal -
ur lots:of the property on the northwest
The Plan Commission feco "mmended, on a vote
of •resubdivis'ion'.
The Plan Commission had reported-that the-issue-presented by-the-resubdivision
is the need/desire to require a 30 -toot dedication across the northernmost por-
tion of the property to provide a possible street access to interior lots in
the block.
Mr. Thomas Compere, attorney for the petitioner, objected to.the Plan Commipsion;s
position. He submitted that requiring a dedication to access the rear of interior
lots was not legally in order because: 1) The Marshall plan is a resubdivision
of lots in an already established subdivision as distinguished from a subdivision
development for which public streets must be provided, 2) The Plan Commission had
acknowieged that the proposed resubdivision is in conformance with the Comprehen-
sive Plan as well as the Zoning Ordinance requirements, 3) The Village has no stated
plan for a public street to go through since a house and garage block egress onto
Broa.dmoor Avenue, 4) While a cul -de -sac would be possible, it would serve no pub-
lic purpose and benefit only private interests. A number of property owners had
been contacted by letter and indicated that they did not want such a street.
Trustee Swanson pointed out that the letter which Mr. Compere had sent to the pro-
perty owners had been misleading as it did not state that a street could be'paid for
by a developer and not the property owners. 'Mr. Compere acknowledged that in re-
reading the letter he saw that point and had called the property owners but had
received the same replies. Trustee Seidman stated that he had to disregard the
answers to the letter as indicative of the feellings-of the interior property owners.
Trustee York agreed. He felt the recipients of the letter would not know what
was proposed or what the options were. He added that he knew several owners who
want a street and that Mr. Compere's presentation did not indicate that fact.
Discussion ensued regarding possible lot sizes if a street dedication is made.
Trustee Seidman stated that the Board had the option of considering four 8,100
square foot lots, and that there comparable lots in the Laurel Hill North sub-
division across the street (Prairie Avenue).
Trustee Rosenthal stated that the petitioner could have a 3 -lot subdivision. Mr.
Compere replied that that would impose conditions on the property owner and pre-
vent a normal, legal, 4 -lot subdivision in accord with Deerfield Zoning Ordinance.
Trustee-Marovitz asked Attorney Stucko to comment. Mr. Stucko stated that from a
legal standpoint Mr. Compere's position is correct; that a subdivision plat review
is a non - discretionary and ministerial function of the Plan Commission and not
like reviewing a request for amendments to a text, zoning map, or PRD. The only
provisions for street dedications in the Zoning Ordinance or Subdivision Code is
for the Hovland area where, as a condition to PRDs, the Village is able to impose
dedications for street purposes. Mrs..Barbara Ruffino, Village Planner, added
that the subdivision code calls for dedications which are in conformance with the
official map. In this instance the streets are minor and not set out on the official
map.
a
Trustee Rosenthal asked Attorney Stucko if there was any requirement for the
Village to preserve access for interior lot owners. Mr. Stucko replied that
there was not. Mayor Forrest stated, however, that when people complain, the
Village does try to work out something to give them some relief. He felt that
a dedication should be required.
Trustee Swanson stated that he was very concerned that a precedent would be set
for 8,100 square foot lots. "We are talking about the future... perhaps quite
a few years in the future. Deep lots with 60 -foot and 75 -foot frontd6es are
not at all uncommon in the Village. If the economic climate is right, and a
developer wants to go in there, itb a process of buying out land and redevelop-
ing it. I don't think the Village should disturb lot sizes simply to create an
access here."
Trustee Iarovitz stated, "We're not in a position of planning. Though we may not
think it's good planning and not the best for the Village, we should abide by
our ordinances. The petitioner has complied with the ordinances."
Mayor Forrest stated that there was nothing wrong in compromising with the owner
in order to gain an access. Trustee Marovitz staged he would agree asllong as the
precedent set by the compromise would not be more detrimental than complying with
the ordinances.
Attorney Stucko stated that, as Mayor "Forrest had pointed' out, it was often pos-
sible to adjust a petitioner's wishes to meet the Village's needs.
Trustee Rosenthal moved, seconded by Trustee Seidman, to accept the Plan Comission's
recommendation and deny the petitioner's plan of resubdivision. Motion carried
on the following vote:
AYES: ROSENTHAL, SEIDMAN, YORK (3) NAYS: MAROVITZ, SWANSON (2)
510 DEERFIELD ROAD (UNGER) Assistant Manager Marjorie Emery stated
RESUBDIVISION REQUEST TABLED that on May 23, 1.985 a public hearing was
held to consider the request of Dr. and
Mr' John'Unger', 510 Deerfield Road, for resubdivision of their property into two
lots.' The Plan Commission recommended (4 -0) that of six plans presented, Plan I+
be approved, if necessary variations are recommended by the Board of Zoning Appeals,
and that Plan 6 (with necessary variations) be approved as an alternative.
Trustee Swanson moved, seconded by Trustee Marovitz, to accept the Plan Commis -
sion'.s report and table it until receipt of recommendations from the BZA.
Motion carried unanimously.
1333 ELMWOOD (WISE)
RESUB. - FINAL PLAT APPROVED
carried unanimously.
PARKWAY NORTH CENTER
PHASE I: SPECIAL USE /PUD
ORDINANCE 0 -85 -36
carried on the•following vote:
Trustee Swanson moved,s.econded by Trustee
Seidman, to approve the.final plat of sub-
division for 1333 Elmwood Drive. Motion
Trustee Seidman moved, seconded by Trustee
Marovitz to pass the ordinance granting a
Special Use /Planned Unit Development for
Parkway North Center - Phase I. Motion
AYES: MAROVITZ, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0)
HOVLAND SPEC. ASSESSMIENT #116 Village Engineer James Soyka stated that
ENGINEERING CONTRACT the Hovland Special Assessment 11116 Agree-
ment had been reviewed by him and the Vil-
lage's Special Assessment Attorney, David Newman, and was ready for execution.
Following an explanation of Special Assessment procedures and discussion of costs,
Trustee Seidman moved, seconded by Trustee Rosenthal, to authorize the Mayor's
signature on the contract. Motion carried on the following vote:
AYES: ROSENTHAL, SEIDMAN, SWANSON, YORK (4) ABSTAIN: MAROVITZ (1)
NAYS: NONE (0)
SIDEWALK IMPROVEMENTS DISCUSSED
WESTGATE /WINCANTON INTERSECTION
away from the curb to provide for
plowing of the walk. Messrs. Jai
Wincanton, and Anders Kaev, 1104
ation.
In designing the Wincanton Drive street im-
provements, Staff and the Consultants felt
that the carriage walk should be relocated
greater pedestrian safety and allow for snow
nes Doherty, 1116 Wincanton, Merrill Meyer, 1126
Wincanton, were present to object to the reloc-
Mr. Doherty stated that about twenty -three years ago he had paid for one -half of
Im
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the 5 -foot sidewalk, and he had helped in determining where it should be. He
noted that the area had been injury free all those years and that school chil-
dren use the sidewalk on the other side of the street.
Mayor Forrest explained that present day ordinances do not permit carriage walks,
and the Village Staff was proceeding accordingly. Village Engineer Soyka stated
that it was at his direction to relocate the sidewalk to conform to the Village
code. It was moved because it is on a curve which accounted for the'tiad-'deteriora-
tion of the old sidewalk... cars were jumping the low profile curb, and snow con-
taining a lot of salt had been piled up by street snow plowing. Trustee Rosen-
thal asked whether all carriage walks were being replaced along streets being im-
proved. Mr. Soyka replied they were not.
Trustee York moved, seconded by Trustee Seidman, to allow the five -foot carriage
walk to remain in its present location. Motion carried unanimously.
UNION DRAINAGE DISTRICT NO. 1 Mayor Forrest explained that the Village
VILLAGE ASSESSMENTS , had filed an objection, to the inclusion of
RESOLUTION NO. R -85 -15 certain village properties in the Drain-
age District's assessments. The District
has agreed to delete them from the rolls.
Trustee York moved, seconded by Trustee Marovitz, to adopt the Resolution authoriz-
ing the Mayor to execute an agreement excluding certain properties under the con -
trol,of the Village of Deerfield from-the assessment rolls of the Union Drainage
District No. 1. Motion carried on the following vote:
AYES: MAROVITZ,••ROSENTHAL, SEIDMAN, SWANSON,'YORK (5) NAYS: NONE (0)
AWARD BID Trustee Seidman moved, seconded by Trustee
SECONDARY CLARIFIER ADDITION MAY6vit!z,'to award the'bid'for a secondary
WASTEWATER FACILITY clarifier addition to the sewage treat-
ment plant to Boller Construction Co., Inc.
of Gurnee, Illinois in an amount not to exceed $295,000.
Village,Engineer Soyka explained that the clarifier addition would increase the '
capacity of the treatment plant to handle 5,000 more population. He stated
that Boller Construction Co., the lowest bidder, came highly recommended by Bax-
ter and Woodman, consulting engineers. Motion to award the bid to Boller Con-
struction Co., Inc. carried on the following vote:
AYES: MAROVITZ, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0)
SCAVENGER
CONTRACT (3 YEARS)
-Mayor Forrest stated
that the same scaven-
AUTHORIZE
MAYOR'S SIGNATURE
ger had operated in
Deerfield for the past
five years with few
complaints which it
has gone
out of•its - way to rectify.
He added that conditions
have changed suf-
ficiently
to warrant the extension of
the present contract
with minor changes.
Trustee Rosenthal stated that she felt the garbage men should replace lids
on the garbage cans. Mr. Michael Patitucci, representing Laidlaw Waste Systems,
stated that that complainthad been brought to his attention and he is trying to
correct.it.
Discussion was had regarding increased or decreased rates depending on dumping
fees charged the Scavenger. Trustee York commented that the contract was in ex-
cellent form and that Laidlaw Waste Systems had done an excellent job in the
community. .
Trustee Seidman moved, seconded by Trustee Marovitz, to authorize Mayor Forrest
to execute the contract. Motion carried unanimously.
Mr. Patitucci stated that whenever the Village was ready to proceed he would be
willing to help with construction costs .or- whateve.r.he could .do for a recycling
center. He stated that they were happy to return something to the Village which
had treated them very well.
SENIOR CITIZENS DAY Trustee Seidman moved, seconded by Trustee
FUNDING OF BUS COSTS York, to provide bus transportation for
the Senior Citizens Day outing at a cost not
to exceed $60. Motion carried on the following vote:
AYES: MAROVITZ, ROSENTHAL, SEIDMAN, SWANSON, YORK (5) NAYS: NONE (0)
0
/ W
BRICKYARDS (GEO. FINK) Assistant Village Manager Marjorie Emery
PRELIMINARY PLAN /PUD stated that a letter had been received
from Mr. George Fink requesting an ex-
tension of one year for his preliminary plan for an R -5 /PUD which expires
July 2, 1985. Attorney Stucko advised that the Zoning Ordinance permits an ex-
tension by the Board if the final plat has not yet been submitted. With a
petition pending and a Plan Commission hearing at some future date, it was -
reasonable'that some extension be considered by the Board.
Trustee Seidman moved, seconded by Trustee Swanson, to grant an extension of
one year on Mr. Fink's preliminary plans. Motion carried unanimously.
There being no further business.to come before the Board, upon motion by Trustee
Seidman, the meeting was adjourned at 9:15 P.M.
OVED:
MAYOR
ATTEST:
VILLAGE CLEW
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