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10/07/1991October 7, 1991 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 7, 1991 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 Vernon E. Swanson Michael Swartz and that a quorum was present and in attendance. Also present was Village Manager Robert Franz and Attorney Herb Linn. Trustee Swanson moved,seconded by Trustee Ehlers, that the minutes of the previous meeting be approved. Motion carried unanimously. CITIZEN RECOGNITION AWARD beautification of the Mayor Forrest presented Joanne Leslie with a Citizen Recognition Award for all the time and effort she has spent in the Village Center. CUBS SCOUTS OF AMERICA Mayor Forrest welcomed Cub Scouts Pack No. 450 who were attending the meeting as part of their Cub Scout activities. MANPOWER COMMISSION Manpower Commission recommends Mary Stucko as a member of the Energy Advisory Resource Commission. Trustee Seidman moved, seconded by Trustee Marovitz, that the nomination of Mary Stucko to the Energy Advisory Resource Commission be approved. Motion carried unanimously. (as amended 10/21/91 SIDEYARD VARIATION The Board of Zoning Appeals recommended 1047 WILMOT ROAD granting petitioners, Roy and Shirley Linnig, 1047 Wilmot Road, a Side Yard Variation. The variation would permit an addition to and attachment of the principal structure to an existing detached garage providing a minimum side yard of 9.79 feet in lieu of the required 10 feet and a combined total side yard of 17.73 feet in lieu of the required 25 feet. Trustee Seidman moved, seconded-by Trustee ^Marovitz,,that the recommendation of the Board of Zoning Appeals granting a Side Yard Variation to Roy and Shirley Linnig, 1047 Wilmot Road, be accepted and the.Attorney directed to prepare the necessary ordinance. Motion carried unanimously. REAR YARD VARIATION The Board of Zoning Appeals recommended 650 ORCHARD granting a Rear Yard Variation to Edwin and Judith Seidman, 650 Orchard, permitting demolition of the existing detached garage and construction of a new detached garage, placing.it closer than the 5 foot setback requirement. Trustee Rosenthal moved, seconded by Trustee Ehlers, that the: recommendation of the Board of Zoning Appeals grranting a Rear and Variation to Edwin and Judith Seidman, 650 Orchard, be accepted and the Attorney directed to prepare the necessary ordinance. I-lotion carried unanimously, with Trustee Seidman abstaining. RESUBDIVISION - 727 -743 Petitioner requested resubdividing the ELDER LANE (MIZELL) six townhomes located at 727 -743 Elder Lane to create individual lots which are required by today's financial industry. The Plan Commission recommended granting petitioner's request. Ira Mizell, owner of the property, addressed the Board. He stated that by changing the status of the property from one lot to six lots to fee simple ownership, the financial industry would grant mortgages to property owners. The Board was concerned about the operating agreement that would control how this property would be maintained and requested the Staff to review this document. Trustee Seidman moved, seconded by Trustee Marovitz, that the Plan Commission recommendation granting request for a resubdivision of the property located at 727 -743 Elder Lane (Mizell) be approved and the Attorney directed to prepare the necessary Ordinance, subject to Staff and Board review of the operating document. Motion carried unanimously. (as amended 10/21/91) ZONING ORDINANCE Ordinance amending Zoning Ordinance re EMPLOYEE DAY CARE Employee Day Care Centers in the I -1 CENTER IN I -1 DISTRICT District. First reading. SPECIAL USE - EMPLOYEE Ordinance authorizing Special Use in the DAY CARE CENTER I -1 Distirct - Employee Day Care Center (WALGREENS) (Walgreens). First reading. REVISED ENGINEERING Additional procedures must be followed if AGREEMENT - MONTGOMERY the Village wishes to proceed using ROAD BRIDGE Federal Aid funding for Phase I of the Montgomery Road Bridge project. A revised agreement has been submitted by Peter F. Olesen, consultant, to perform the Phase I study subject to an upper compensation limit of $9,693. The Village will be responsible for 20% of the cost. Trustee Rosenthal moved, seconded by Trustee Swartz, that the revised engineering agreement with Peter F. Olesen for the Montgomery Road Bridge -Phase I at a cost not to exceed $9,693 be approved. Motion carried by the following vote: AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) WAIVER OF COVENANT When the Village approved subdivision of EMALFARB -1545 GREENWOOD property at 1545 Greenwood, a covenant was placed on the property which required the existing home to be torn down before construction could begin on any new home. The covenant was drawn because the existing home would not have the required 50 foot rear yard requirement for the R -1 District. Mr. Emalfarb, petitioner,has requested lifting the requirement for the existing home to be torn down. He wishes to rehab and enlarge the existing home. The Board discussed the matter and raised several questions concerning resubdivision, variation and flag lots. Since the Zoning Ordinance regarding flag lots was changed from the time of the Emalfarb petition, the Attorney was directed to review Board options. Trustee Rosenthal moved, seconded by Trustee Ehlers, that the request for waiver of covenant - Emalfarb, 1545 Greenwood Avenue, be tabled. Motion carried unanimously. R -91 -8 RESOT_IJTIO ?i The Village of Deerfie' "ias included in $200,000 IN' LOCAL its 1991 -92 budget an amount of 5200,000 FUNDS TO PRASE II - as the local share of the Robert York ROBERT YORE AVEINUE Avenue Improvement. PROJECT Trustee Seidman moved, seconded by Trustee Swartz, that the Resolution confirming $200,000 in local funds to Phase II of the Robert York Avenue Project be approved. Motion carried by the following vote: , -2- AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) BUILDING DEMOLITION - Quotes from three firms were received CHRISTIAN SCIENCE, for demolition and backfill of buildings GASTFIELD & SAVAGE on three properties: Christian Science. PARCELS building, 755 Waukegan Road; Gastfield property on Hoffman Lane; Savage property, 722 Hoffman Lane. Trustee Seidman moved, seconded by Trustee Swartz, that American Demolition be authorized to demolish and backfill the three buildings for a cost not to exceed $21,600. Motion carried by the following vote: AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) Mayor Forrest mentioned an article that appeared in the Chicago Tribune recently regarding taxing bodies rushing through bond issues. Questions were raised why the Board felt it necessary to push Deerfield's bond issue. Mayor Forrest noted that Deerfield is a Home Rule community and not subject to the tax cap. The reason for the bond issue was to preserve the sales tax income from the TIF District. There had to be a bond issue outstanding in order to collect sales tax revenue from the State. When the bond issue was passed, the Board pledged the Village would not be levying a property tax. Trustee Marovitz moved, seconded by Trustee Swartz, that an executive session of the Board be held on October 14 to discuss litigation. Motion carried unanimously. Trustee Rosenthal moved, seconded by Trustee Ehlers, that following adjournment the Board go into an executive session to discuss land acquisition. Motion carried unanimously. There being no further business, upon motion of Trustee Marovitz, seconded by Trustee Ehlers, the meeting adjourned at 8:55 P.M. ATTEST: -(Village Clerk A OVED: Mayor -3- 1