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1995-06-05 - Village Board Regular Meeting - Minutes 9711 6/5/95 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, JUNE 5, 1995 CALL TO ORDER President Mathias called the meeting to order at 7:38 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias; Trustees Marienthal, Reid, Rubin, Braiman, Hendricks and Glover. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Robert Pfeil, Village Planner; Gregory Boysen, Director of Public Works; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Reid, seconded by Hendricks, to approve the minutes of the May 15, 1995 Regular Meeting. It was noted that, in the roll call vote for Warrant #790, it should read Glover instead of Moons; it was also noted that, under Trustee Liaison Assignments, Trustee Marienthal's assignment should read "Joint Commission on Aging/Park District" . Upon roll call, Trustees voted as follows on the amended minutes: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. WARRANT #791 Mr. Tenerelli read Warrant #791. Moved by Hendricks, seconded by Braiman, to approve Warrant #791 in the amount of $2,004,443.23 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. LAKE-COOK/MILWAUKEE INTERSECTION President Mathias stated he had received an update on the Lake-Cook/Milwaukee road construction, and the goal is still for a late October completion date. 1995 INDUSTRIAL DEVELOPMENT ALLOCATION President Mathias noted that he had received a letter from the Mayor of Danville thanking Buffalo Grove for giving them their allocation for the 1995 Industrial Development Bond. REGIONAL BREAKFAST President Mathias noted that he had been invited to attend a breakfast in honor of Hilary Clinton at the Arlington Park Hilton yesterday morning. 9712 6/5/95 BIKE HELMET COMMITTEE Trustee Rubin reported on the May 12, 1995 meeting of the Bike Helmet Committee; he noted some statistics from the U.S. Department of Transportation. The tentative proposal from the Committee supports education and warning tickets, and they are looking for input from the Village Board. `./ Andrea Freier, 1355 Green Knolls, member of the District 96 School Board read a District 96 draft policy regarding bike helmets; she urged the Village Board to support the efforts of District 96. John Mason, principal of Ivy Hall Middle School, stated that, if other states can pass and enforce this type of law, and increase compliance, then Buffalo Grove can do the same, and Buffalo Grove can become a model in the state of Illinois. Trustee Rubin noted the states that do have helmet laws; he asked for a polling of the Board to see if they would favor a resolution or a mandatory law. Trustee Reid states that he supports the resolution, but he is not comfortable with an ordinance; he has problems with the enforceability; he has a problem with legislating social responsibility, and at what point does this becomes a family decision and not a Board decision; he does not believe the proposed educational program has had an opportunity to run its course; he is not ready to try to impose legislation until he sees that the educational program is not working. Trustee Marienthal supports the ordinance, but he believes skate boards should also be looked at; he believes there needs to be more of a concerted educational program by all of the schools. Trustee Braiman stated that he has not changed his opinion, and he is still in favor of legislation; he believes the health and welfare of the community is the responsibility and obligation of the Board. Trustee Glover stated that she does have reservations; she believes it is a parental responsibility issue; people complain that there is too much governmental involvement in their lives, and this is just one more thing to add; the Board is not in favor of unfunded mandates, and she believes this is a form of an unfunded mandate; she believes both children and adults should wear bicycle helmets; the proposal does not cover skate boards or in-line skates; she does not believe all school districts are on board with this; she believes the education process needs a chance to work; she urged all bicycle riders to wear helmets. Trustee Rubin stated that the question for the Board tonight was whether there is support for a mandatory ordinance in some form. President Mathias believes that he would like to see if the rule works in the school districts; he would like to see if the educational programs work before passing a mandatory ordinance; he believes the fact that the majority of the respondents to the survey opposed mandatory legislation should be taken into consideration. �•/ Trustee Hendricks stated that he does not believe any mandatory legislation should be age discriminatory; he also believes that skate boards and in-line skates should be included; he also questions the way to deal with non-residents if there is mandatory legislation. In answer to a question from Trustee Braiman, Trustees Glover and Hendricks stated they could not commit at this time to whether or not they would support mandatory legislation even if it were to include all ages, and other types of "vehicles"; one concern remains enforceability. 9713 6/5/95 Trustee Rubin stated that the Committee will meet again, and invited all Trustees to join that meeting so that any questions they might have may be researched and answered. In answer to a question from Trustee Glover, Mr. Raysa stated that Buffalo Grove does have the authority to enact a helmet law. The Committee will meet again, and report to the Board. HANDICAPPED PARKING Trustee Rubin stated that, now that the fine for parking in a handicapped space has been raised from $50 to $100, the Village has offered to install new signs for a price of $9 per sign; the Commission for Residents with Disabilities is attempting to get voluntary compliance; he would urge people to talk to the management of their office buildings and ask them to call the Village to get the new signs installed. BLOOD DRIVE Trustee Reid stated that there will be a Blood Drive on June 10, 1995 from 8:00 A.M. until 1:00 P.M. at the Alcott Center, and he urged residents to donate blood at this drive. STEVENSON HIGH SCHOOL SUMMER SCHOOL Mr. Balling reported that some summer school classes for Stevenson High School will be held at Meridian School on Prairie and Brandywyn. Shuttle busses will transport students, but there is concern that there will be a demand to park on local streets; therefore, staff is recommending that there be a temporary 7:00- 9:00 A.M. NO PARKING zone within the general area south of the Arboretum Golf Course throughout the summer. Staff would like to send a notice out to the neighborhood to solicit any comments. Stevenson High School will do everything possible to get the students to use the busses. Staff is proposing an ordinance for this temporary parking situation at the June 19, 1995 Board Meeting. CHERBOURG - PULTE HOMES Mr. Balling reported that, for a number of months, staff has been trying to resolve a punch list issue with Pulte Homes/Cherbourg concerning the rehabilitation of the wetland lake area of the Cherbourg subdivision. There is a $25,000 letter of credit in place and there is a proposal before the Board to exchange that letter of credit for $25, 000 in cash and have Pulte responsible for replanting and revegetation and restoration work on the existing island plantings. Staff has been working closely with the homeowners association; the proposal before the Board is somewhat of a compromise; the association is not yet willing to sign off and accept the improvements, but is willing to have the planting proceed. Staff would like to proceed with the planting, substitute the letter of credit for cash, and exercise the contract through Pulte with the landscapers that will be doing the work; there will be a residual balance of $9,000-$11, 000 that will be held by the Village for the benefit of revegetation of the Cherbourg subdivision. Staff would recommend a motion to accept the work plan, followed by a motion, once the work has been completed, to accept and close out the subdivision. Mr. Balling asked that the Board concur with the work plan this evening, and then staff would implement the plan by securing the cash and working the contract through Pulte's contractor and get the planting done this month. 9714 6/5/95 Moved by Reid, seconded by Marienthal, to direct staff to cash out the letter of credit in the amount of $25,000. Bert Yablon, representing the homeowners association, stated that they understand that, once the letter of credit has been released, any liability on behalf of the Village is released, but that does not exclude Pulte, because they would still be the permittee indefinitely with the Army Corps of Engineers; this is not the best case scenario that they were hoping to negotiate, but they are willing to `./ accept this since it is the only thing that is available to them; they do want the Village to know that they appreciate their assistance. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. FRIENDS OF THE PARK John Green, representing the Friends of the Park, reviewed the background of Friends of the Park, the basic premise of which is to give something back to the community, particularly the Park District in the development and enhancement of its programs, services and facilities. Mr. Green distributed the first brochures describing the Friends of the Parks Foundation and its programs, directions and missions; he then reviewed the support which they have received thus far. The Foundation anticipates their income will come from corporate sponsorship, various events sponsored by the Foundation, and individual membership; this is a charitable organization. Their first project will be an in-line skate hockey rink to be located in the northeast section of Busch Grove Park; he then introduced other members of the Foundation present. The Foundation comes to the Board as friends dedicated to the welfare and the well being of the Buffalo Grove community, and they accept the challenge to keep the Park District among the best and the commitment to assist in its vision to keep Buffalo Grove moving ahead. PUBLIC HEARING - JESPERSEN AND OLSON PROPERTIES President Mathias re-opened both Public Hearings, continued from the May 15, 1995 meeting, at 8:35 P.M. Mr. Balling reviewed the proceedings to date, details of which are contained in Mr. Pfeil's memo to him of June 1, 1995. Lawrence Olson stated that they would be pleased to accept the draft as it has been presented to them, and he is also representing Mr. Jesperson, who accepts the draft as it has been drafted, and they are in full cooperation with what has been requested, as well as the order in which it has been requested. Mr. Raysa stated that the purpose of both of the Public Hearings tonight are on those certain Annexation Agreements, Olson and Jespersen, both dated 6/1/95 in the upper left-hand corner; he then answered questions from the Board on the agreements. President Mathias asked if there were any further comments from either the audience or the Board regarding either the Olson or the Jespersen properties; there were none. At 8:39 P.M. , President Mathias continued the Public Hearing on both properties until the ordinances are considered later on in the agenda. 9715 6/5/95 PUBLIC HEARING - WILKINS PROPERTY President Mathias opened the Public Hearing at 8:40 P.M. , and read from the Notice of Public Hearing which was published in the Daily Herald on May 20, 1995. President Mathias swore in Scott Inbinder of Indevco, and Rick Burton of Land Consultants, to give testimony. Mr. Inbinder briefly reviewed the request of the petitioner. Mr. Burton made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 2, 1995; he referred to Exhibit A, Preliminary Plat with a revised date of 5/17/95. President Mathias asked if there were any comments from any governmental agencies or any members of the audience; there were none, Trustee Braiman asked if the petitioner had looked at the possibility of incorporating homes for sale on the south side of the development; he is troubled by the fact that the proposed development will not be able to go any further, and will not have any other access than off of Prairie, creating a problem with curb cuts. Mr. Burton responded to Trustee Braiman's comments, stating that this had been discussed during the Plan Commission deliberations. At 8:49 P.M. , President Mathias continued the Public Hearing until the ordinances are considered later in the agenda. QUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience; there were none. CONSENT AGENDA President Mathias explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion; he then read a brief synopsis of each of the items on the Consent Agenda; it was requested that Item XI. , B, be removed from the Consent Agenda. ORDINANCE #95-47 - Zoning Variance Moved by Hendricks, seconded by Reid, to Grant a Variance from Section 17.44.060.E.6.a. (ix) to the Buffalo Grove Zoning Ordinance allowing for a sign exceeding the 75 square foot limit - K.C. Masterpiece Restaurant, Town Center. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ORDINANCE #95-48 - Title 10 Moved by Hendricks, seconded by Reid, to amend Title 10 of the Municipal Code by designating No Parking on Stradford Circle. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. 9716 6/5/95 ORDINANCE #95-49 - Raffles Moved by Hendricks, seconded by Reid, to Amend Chapter 5.09 of the Municipal Code allowing for an increase to maximum cash prize awarded in any raffle to $10,000. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None `./ Motion declared carried. ORDINANCE #95-50 - Title 10 Moved by Hendricks, seconded by Reid, to Amend Title 10 of the Municipal Code by designating the turning restriction at Arlington Heights Road and Checker Drive for weekdays only. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. RESOLUTION #95-42 - SWANCC Moved by Hendricks, seconded by Reid, to Appoint a Director and Alternate Director to the Solid Waste Agency of Northern Cook County. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. RESOLUTION #95-43 - Raupp Blvd. Bridge Moved by Hendricks, seconded by Reid, to Approve an Agreement for Construction Engineering Services for the Raupp Boulevard bridge repair and an award to Albin Carlson and Co. for construction of said project. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. CREEKSIDE COMMONS SHOPPING CENTER Moved by Hendricks, seconded by Reid, to Approve a Certificate of Initial Acceptance and Approval - Creekside Commons Shopping Center, Weiland and Busch Roads. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. ST. PAUL FEDERAL - DIA Moved by Hendricks, seconded by Reid, to Approve a Development Improvement Agreement - St. Paul Federal, parking lot improvement. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. 9717 6/5/95 ARBOR CREEK BUSINESS CENTER Moved by Hendricks, seconded by Reid, to Approve a Development Improvement Agreement and Plat of Easement - Arbor Creek Business Center, Lot 19. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None `./ Motion declared carried. TOWN AND COUNTRY HOMES/TENERIFE Moved by Hendricks, seconded by Reid, to accept the Appearance Commission Recommendation: Town and Country Homes/Tenerife - Color combination change. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. GROVE MEMORIAL CHAPEL Moved by Hendricks, seconded by Reid, to accept the Appearance Commission Recommendation: Grove Memorial Chapel, 195 N. Buffalo Grove Road - Revised lighting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None Motion declared carried. MADISON DRIVE PARKING Mr. Balling reviewed the NO PARKING proposal on Madison Drive, details of which are contained in Mr. Kuenkler's memo to him of May 23, 1995. Mike Ludwig, 1412 Madison, stated that residents did not receive notice of this meeting until the end of last week, and there was not a date noted for the meeting; residents want to park in front of their own homes; they would like to have parking stickers for residents; there is usually not a problem during the week or during the winter. Trustee Rubin stated that he believes the Board should defer any action and see what happens. President Mathias also was in favor of having the Fire Department look at the situation again, and if there is a problem, sufficient notice would be given to residents noting the date that the Board would again be considering the situation. Trustee Reid agrees; the effect of the parking lot which is now available needs to be studied; the groups using the park need to be informed and encouraged to use the parking lot, and not the streets. Al Siegelman, 1411 Madison, believes that action should be taken now; he does not believe that waiting to see what will happen will solve the problem. Trustee Braiman stated that he believes there needs to be an educational process to let people who use the park know that the parking lot is now available, and strongly encourage them to use the lot, rather than the streets. Trustee Marienthal stated that he believes that the problem is coming from the soccer field rather than the baseball field; he agreed that those using the field should be encouraged to use the parking lot. 9718 6/5/95 Mr. Balling stated that there are a number of reasons why resident only parking is not a viable option; all the streets in Buffalo Grove are publicly supported, and this has been looked at in the past, and permit parking is not consistent with the principles of the Village. Gail Croft, 1410 Madison, stated that she would prefer no action at all, rather than having no parking on just one side of the street. Trustee Rubin suggested that, if the problem really is just on week-ends, that particular problem is the one which should be addressed; perhaps parking restrictions during the week-end hours when the problems occur would be the solution; he stated that the Village has had requests for permit parking from a number of neighborhoods over the years, and it would end up being different colored stickers for different streets, and from an enforcement standpoint, it would be a nightmare. Trustee Reid stated that this is another example of a park that was built without adequate parking; he does not believe that there needs to be space left by the park to drop children off, since the children can also easily walk to the field from the parking lot. Trustee Braiman stated that the issue needs to be re-addressed, and he believes staff needs to meet with the Park District and come up with a viable solution to this problem. Moved by Rubin, seconded by Reid, to defer amending Title 10 of the Municipal Code by designating No Parking on portions of Madison Drive until further information is received from staff. Upon roll call, Trustees voted follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. President Mathias stated that residents will be given sufficient notice before this is brought back to the Board. ORDINANCE #95-51 - JESPERSEN PROPERTY ANNEXATION AGREEMENT In answer to a question from Trustee Glover, Mr. Raysa stated that staff can recommend approval of the Annexation Agreement subject to execution by the owners of the property. Moved by Glover, seconded by Braiman, to pass Ordinance #95-51, approving an Annexation Agreement for the Jespersen Property, North Prairie Road/Route 22. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #95-52 - OLSON PROPERTY ANNEXATION AGREEMENT Moved by Glover, seconded by Rubin, to pass Ordinance #95-52, approving an Annexation Agreement for the Olson Property, 22941 N. Prairie Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. 9719 6/5/95 ORDINANCE #95-53 - ANNEXING JESPERSEN AND OLSON PROPERTIES Moved by Glover, seconded by Braiman, to pass Ordinance #95-53, annexing the Jespersen and Olson Properties to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #95-54 - ZONING JESPERSEN PROPERTY Moved by Glover, seconded by Hendricks, to pass Ordinance #95-54, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it concerns the Jespersen Property, North Prairie Road/Route 22. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #95-55 - ZONING OLSON PROPERTY Moved by Glover, seconded by Braiman, to pass Ordinance #95-55, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it concerns the Olson Property, 22941 N. Prairie Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. President Mathias thanked the representatives for both the Olson and the Jespersen properties and welcomed them into the Village. ORDINANCE #95-56 - WILKINS PROPERTY ANNEXATION AGREEMENT Moved by Glover, seconded by Hendricks, to pass Ordinance #95-56, approving an Annexation Agreement for the Wilkins Property, Prairie Road. Mr. Raysa stated that what the Village Board has before them is an Annexation Agreement for the Wilkins Property. Staff can recommend approval of the Annexation Agreement with the following stipulations: 1. Subject to execution of the Annexation Agreement by the owners and developers. 2. The second WHEREAS clause should read "2.99 acres" . 3. Subject to a corrected Plat of Annexation, showing the acreage to be annexed as 2.881 acres. Trustee Glover accepted the amendments to the motion; Trustee Hendricks seconded the amendments. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. 9720 6/5/95 ORDINANCE #95-57 - ANNEXING WILKINS PROPERTY Moved by Glover, seconded by Reid, to pass Ordinance #95-57, annexing the Wilkins Property to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. ORDINANCE #95-58 - ZONING WILKINS PROPERTY Moved by Glover, seconded by Reid, to pass Ordinance #95-58, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it concerns the Wilkins Property. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. President Mathias then closed the Public Hearings for the Jespersen Property, the Olson Property, and the Wilkins Property at 9:20 P.M. FENCE AT 125 PAULINE Mr. Balling brought the Board up to date on this issue. As requested at the last meeting, he noted that the charges incurred by the Village resulting from a direct ordinance violation amount to $704.56. Moved by Braiman, seconded by Marienthal, to defer action on this issue until such time as the Raefs are represented at the meeting. Trustee Reid stated that he has no problem deferring this evening, but he does not wish to have this postponed indefinitely. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. RESOLUTION #95-44 - MULTI-CORRIDOR AGREEMENT/LAKE COUNTY Mr. Balling reviewed this issue, which also includes the next two items on the agenda, details of which are contained in his memo to the Board of June 2, 1995. Mr. Balling thanked and complimented President Mathias, Mr. Raysa, Mr. Boysen and the staff for drafting and working on this concept. Mr. Boysen stated that the widening of Buffalo Grove Road north of Route 83 does appear on the County Plan as a 4-lane facility. Staff then answered further questions from the Board. Moved by Glover, seconded by Reid, to pass Resolution #95-44, approving a multi- corridor agreement with Lake County. Mr. Raysa reviewed several modifications which should be included in re-drafting and have been agreed to by the County Board. Trustee Glover amended the motion to include the modifications suggested by Mr. Raysa; Trustee Reid seconded the amendment. 9721 6/5/95 Upon roll call, Trustees voted as follows on the amended motion: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. RESOLUTION #95-45 - INTERGOVERNMENTAL AGREEMENT Moved by Glover, seconded by Hendricks, to pass Resolution #95-45, approving an intergovernmental agreement with the Illinois Department of Transportation, the County of Lake, and the Village of Buffalo Grove related to the Busch Road/Busch Parkway/Weiland Road street improvements. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. RESOLUTION #95-46 - AGREEMENT WITH LAKE COUNTY Moved by Glover, seconded by Hendricks, to pass Resolution #95-46, approving an agreement with Lake County related to the Busch Road/Busch Parkway/Weiland Road street improvements Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. President Mathias stated that staff should be sure that sufficient notice is given regarding these street improvements to the people that use Busch Road. TOWN CENTER - KINDER CARE LEARNING CENTERS Marc Schwartz, representing Town Center Associates, made a presentation to the Board outlining the request of the developer, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 1, 1995. Mr. Schwartz introduced representatives of Kinder Care Learning Centers, Inc. , which is the parent company of the Kids Care Center: Steven Young, real estate manager; John Fenimore, division construction manager; and Larry Quinlan. Mr. Young distributed brochures with an explanation of the Kids Choice concept; he then presented a background on Kinder Care; he elaborated on why they have chosen this site as a facility, and why they believe this site is well suited for the safety of children; he then answered questions from the Board regarding the facility. Mr. Fenimore then addressed specific concerns which have been relayed to him concerning the playground area. Trustees related numerous concerns with regard to the safety of the playground area, particularly with drop off in the front of the facility, traffic in the play area, and dumpsters near the play area; there was also concern with regard to the parking spaces; there is a lot of work yet to be done with this plan. Moved by Braiman, seconded by Rubin, to refer the proposed change in use at Town Center, Kinder Care Learning Centers, to the Plan Commission for review. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover NAYS: 1 - Marienthal Motion declared carried. 9722 6/5/95 It was noted that, even though this has been referred to the Plan Commission, there are serious concerns, and it does not mean that there would be support from the Board when it comes back from the Plan Commission. ZBA DECISION - FENCE CODE VARIANCE The petitioner has requested that this item be deferred. Moved by Braiman, seconded by Hendricks, to defer appeal of a Zoning Board of Appeals denial of request for variance to the Fence Code, Arthur and Marcy Rubin, 901 Highland Grove Drive until the June 19, 1995 Board Meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. EXECUTIVE MEETING Moved by Braiman, seconded by Reid, to move to Executive Meeting to discuss Pending Litigation. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None Motion declared carried. The Board moved to Executive Meeting from 10:22 P.M. until 10:45 P.M. ADJOURNMENT Moved by Rubin, seconded by Reid, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:45 P.M. (Ja)net M. Sirabian, Village Clerk APPROVED -ME TH DAY OF , 1995. ag President