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1994-06-06 - Village Board Regular Meeting - Minutes 9512 6/6/94 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 6, 1994 CALL TO ORDER President Mathias called the meeting to order at 7:39 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias; Trustees Marienthal, Rubin, Braiman, and Hendricks. Trustees Reid and Kahn were absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; Phil Versten, Administrative Assistant; Gregory Boysen, Director of Public Works; Ray Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Braiman, seconded by Hendricks, to approve the minutes of the May 16, 1994 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. WARRANT #767 Mr. Tenerelli read Warrant #767. Moved by Hendricks, seconded by Rubin, to approve Warrant #767 in the amount of $1,576.586.06, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. RESOLUTION #94-29 - Eddie Larsen President Mathias asked Eddie Larsen to come forward, and then read Resolution #94-29. Mr. Larsen was then commented on his years serving the Village and thanked the Village and the Board for the opportunity to serve on the Appearance Commission, and stated that he will miss his involvement here. President Mathias expressed appreciation for all the efforts given by Mr. Larsen, and stated that he should be proud of his work as he looks around the Village; he was then congratulated by the audience and the Board. Moved by Hendricks, seconded by Rubin, to pass Resolution #94-29, commending Eddie Larsen for service to the Buffalo Grove Appearance Commission from 1982- 1994. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. 9513 6/6/94 PROCLAMATION - BUFFALO GROVE HIGH SCHOOL ORCHESTRA President Mathias read a Proclamation for the Buffalo Grove High School Orchestra's trip to Baden, Austria. NORTHWEST HOUSING PARTNERSHIP PROGRAM President Mathias reported to the Board on the status of the Northwest Housing Partnership Program which provides for low-cost loans for house repairs. BILLBOARD - WISCONSIN CENTRAL PROPERTY Trustee Marienthal reported on the status to date regarding the billboard at Route 22 and the Wisconsin Central Line. APTAKISIC ROAD Trustee Marienthal reported on the status to date regarding the road construction and street light installation on Aptakisic Road. T.I.F. REFINANCING RESTRUCTURING Trustee Marienthal read the following letter into the record regarding the T.I.F. Refinancing Restructuring: "Gentlemen: I have continued to think about the proposal to restructure the Town Center T.I.F.financing and questions continue to surface which alarm me. Why does the Village of Buffalo Grove wish to refinance the Buffalo Grove Town Center? What are the measurable public benefits related to that? These questions are important in moving ahead on a proposal which would deprive the Village of Buffalo Grove of real estate and sales taxes in the Town Center through the year 2005. I was a member of the Village Board when the original Town Center was conceived. At that time, we wanted to create a tax supported subsidy for a center which would not compete with other centers and would expand services for our community residents. It would also have a limited term so that the Village's financial loss exposure would likewise be limited. An 11 year term is more than double what Simon, in his pro forma, had originally indicated would be needed to pay off the T.I.F. bonds. In the original planning, we purposely did not provide a food store as an anchor and the president B-5 zoning ordinance does not provide for food stores. The reason, I believe, was that we did not want tax dollars to support competitive food operations, and the taxes generated would not be as high as if a general merchandiser were in the center. These aforementioned points are important to our sales tax stream here in Buffalo Grove. We have made compromises on our planning in the design of the shopping center itself to accommodate developer needs. I do not know how much further we can go without damaging Buffalo Grove's existing tax base. An additional concern I have is the prospect that MSA Realty could sell the center, thus it would be possible that none of the new T.I.F. money proposed in the refinancing would be used for redevelopment in the district. MSA Realty is the prime benefactor of this refinancing and have indicated that they are willing to refinance this center and stay with it to assure its success, but the operational and leasing practices have pointed in another direction. A serious question is, has their performance with the Village and the tenants warranted the confidence that we must have under the structure of this financing that MSA will perform as they have committed? As the term of the existing bonds runs to 1997, we have to view restructuring as a tax loss to the Village of Buffalo Grove through the year 2005. Does this put the community first? Does this put the residents first? Does this provide and ensure that MSA will theirfair share ofservice and site cot with pay costs this project. Every incremental tax dollar from the shopping center,from the condominiums,from the office buildings,from the gas stations which would otherwise accrue to the village in 1997 will not be directed to bond refinancing for the direct benefit of MSA Realty. 9514 6/6/94 Clearly, there have been some marketing problems with the Town Center. There has not yet been established a tenant mix which is popular to many of the village residents and shoppers. I am not sure the movie theater, which is directed toward second run films, will be as strong a market draw as Simon and Board members anticipate. Until these questions can be satisfactorily answered by each member of the Village Board, I do not believe it is wise to proceed with the T.I. F. refinancing. Signed, John Marienthal, Village Trustee." D.A.R.E. GRADUATION Trustee Braiman reported on the D.A.R.E. Graduation ceremony recently held at Aptakisic-Tripp Middle School, and conveyed to the Police Department that they are doing a wonderful job with the program, with particular thanks to Officer Husak. TRUSTEE REID Trustee Hendricks reported that Trustee Reid is in the hospital undergoing tests, is doing well, and should be out tomorrow. DRIVEWAY APRON REQUEST Mr. Balling reviewed the request of Mr. and Mrs. Jerina to replace their driveway with interlocking paver bricks rather than concrete, details of which are contained in their letter to the Board of May 16, 1994, and his letter to them of May 18, 1994; he stated that staff does not recommend allowing this request. Mr. and Mrs. Jerina, 269 Palmgren Court, also reviewed their request, as detailed in their letter. Lengthy discussion ensued regarding the Village standard; possible extra cost to the Village should the driveway have to be dug up; whether or not this should be referred to the ZBA; possible methods for granting a variation if the Board so decides. It was determined that the Board would consider this request based upon certain guidelines and criteria, and staff should check into the options available, and bring it back to the Board. It was also stated that there would be reluctance to granting this on a one-time basis, and if the request is granted, the provision should be amended. President Mathias stated that staff will keep the Jerina's informed. CHECKER ROAD/CHECKER DRIVE INTERSECTION Mr. Balling reported on the Checker Road and Checker Drive speed studies, details of which are contained in Mr. Kuenkler's memo to him of June 1, 1994; he stated that the "Yield" sign from Old Checker to Checker Drive can be upgraded to a "Stop" sign if the Board wishes staff to prepare an ordinance for same; there was no objection from the Board to the proposed "Stop" sign. BILLBOARD - WISCONSIN CENTRAL PROPERTY Mr. Raysa reported on progress to date with regard to getting the billboard at Route 22 and the Wisconsin Central property removed. At this time, the Board is not interested in joining with other municipalities regarding sign placement; the Board direction is to wait and see what action is taken by Lake County. 9515 6/6/94 PUBLIC HEARING - TOWN AND COUNTRY ANNEXATION AGREEMENT President Mathias opened the Public Hearing at 8:28 P.M. ; he read from the Notice of Public Hearing published in the Daily Herald on May 21, 1994, after which he swore in the following people to give testimony: Frank Salathe, JEN Land Design; Peter Brennan, Town and Country Homes, General Counsel; James Frayn, Manhard Consulting; James Truesdell, Town and Country Homes. Mr. Truesdell made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 3, 1994; he referred to the following exhibits: Exhibit A - Aerial of Property and Area Exhibit B - Site Plan Quill, 6/2/94 Revision Exhibit C - Townhouse Front Elevation Exhibit D - Preliminary Site Plan Billick, 6/2/94 Revision Scott Guziec, Superintendent of School District 103, stated that he was rather disappointed that the concerns of the district do not seem to have been fully addressed; he did state that, at this point, the district is in favor of the proposed development. Mr. Truesdell stated that the project has been discussed with all three school districts and agreements have been reached with all three districts with regard to school contributions for the project. Mr. Brennan stated that they do have signed letters of intent from the three school districts acknowledging that they have reached agreement on this issue; those letters will be submitted to the Village. Mr. Balling stated that he had spoken with Dr. Parks of School District 102, who pointed out a small portion of Billick that is located in two districts; Dr. Parks supports the overall plan, but is concerned that would add some confusion in the subdivision; if the opportunity presents itself for a disconnection, School District 102 would be willing to take it over. President Mathias asked if there were any other districts or governmental bodies wishing to testify; there were none. Mrs. Berger, 22539 N. Prairie Road, stated that she would rather belong to School District 102; she has lived there for 28 years; she has experienced having her children go to different schools than their neighborhood friends, and she does not see it as a problem. President Mathias responded that the school district boundaries were put into place many years ago, and are very difficult to change. Town and Country representatives stated that they will inform contract purchasers which school district their property will be in. President Mathias asked if anyone else wished to testify; there were no responses. Mr. Truesdell stated that he had met with the Park Board, and their indication was that the location of this park site was acceptable. Mr. Truesdell briefly reviewed the variations being requested; he also stated that the single family homes will all be the same product, which will be presented to the Appearance Commission and the Board. President Mathias stated that the Plan Commission did vote 8-0 to recommend approval of the R-4 and R-9 PUD zoning for the Quill property, and concerning the Billick property, the Commission voted 6-1 with one abstention to recommend the R-4 zoning. - _ I 9516 6/6/94 At 9:05 P.M. , President Mathias continued the Public Hearing until after consideration of the ordinances. PUBLIC HEARING - MILBRO PROPERTY ANNEXATION AGREEMENT President Mathias opened the Public Hearing at 9:05 P.M. ; he read from the Notice of Public Hearing published in the Daily Herald on May 21, 1994; he swore in Edward Yalowitz to give testimony. `,/ Mr. Yalowitz, representing Milbro Ltd. , made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of June 3, 1994; he referred the same Exhibit A, Aerial of Property and Area, as was used in the Town and Country Public Hearing. President Mathias asked if there were any comments from agencies, the audience, or the Board; there were none. At 9:10 P.M. , President Mathias continued the Public Hearing until later on in the agenda. POWER NAIL COMPANY President Mathias explained that a Public Hearing is not necessary at the Board level unless there is an Annexation Agreement; since there is no Annexation Agreement on this property, there is no need for a Public Hearing. 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; it was requested that Item XI. C. be removed from the Consent Agenda. ORDINANCE 94-30 (Sign Code Variance) Moved by Marienthal, seconded by Rubin, to pass Ordinance #94-30, Granting a Variance from Section 14,20.070 of the Buffalo Grove Sign Code allowing a ground sign to be closer than 250 feet to another ground sign - Outback Steakhouse, lake Cook Road. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. 50,000 GVW DUMP TRUCK (Award of Bid) Moved by Marienthal, seconded by Rubin, to Award the Bid - 50,000 GVW Dump Truck with attachments - Public Works Department. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. 9517 6/6/94 VILLAGE HALL CARPETING (Award of Bid) Moved by Marienthal, seconded by Rubin, to Award the Bid - Village Hall Lower Level Carpeting. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. APPROVAL OF CERTIFICATE (Movers International) Moved by Marienthal, seconded by Rubin, to Approve a Certificate of Initial Acceptance and Approval - Movers International, Covington Corporate Center. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. BUFFALO GROVE PARK DISTRICT (Waiver of Fees) Moved by Marienthal, seconded by Rubin, to Approve the Waiver of Fees - Building Permits for Buffalo Grove Park District air conditioning addition to Alcott Center. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. CHECKER PLACE (Aesthetics) Moved by Marienthal, seconded by Rubin, to accept the Appearance Commission Recommendation: Checker Place, Buffalo Grove and Old Checker Roads - Temporary sign, sales trailer, landscaping. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. COMPUTER DISCOUNT WAREHOUSE - (Aesthetics) Moved by Marienthal, seconded byRubin, to accept the Appearance p Commission Recommendation: Computer Discount Warehouse, 1020 E. Lake Cook Road - Rooftop screening. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. DOMINICK'S (Aesthetics) Moved by Marienthal, seconded by Rubin, to accept the Appearance Commission Recommendation: Dominick's, Chase Plaza - revised elevations/signs. Upon roll call, Trustees voted as follows: 9518 6/6/94 AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. PINES RESUBDIVISION (Aesthetics) Moved by Marienthal, seconded by Rubin, to accept the Appearance Commission Recommendation: 715 Hastings/Lot 1 Pines Resubdivision Office/Warehouse - Elevations, materials, colors, lighting and landscaping. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ROSEGLEN SUBDIVISION Since Mr. Raysa just distributed a re-draft of the proposed ordinance dated 6/6/94-A, it was decided to place this item at the end of the agenda in order to give the Board a chance to read the document just distributed. RESOLUTION #94-30 - TRI-STATE TOLLWAY/DEERFIELD ROAD INTERSECTION Mr. Balling reviewed the proposed resolution, details of which are contained in Mr. Boysen's memo to him of June 2, 1994, after which President Mathias read the proposed resolution. Lake County Commissioner Stolman stated that Lake County is actively involved in these discussions; Trustee Rubin commended Commissioner Stolman for his efforts on behalf of the Village. Moved by Rubin, seconded by Marienthal, to pass Resolution #94-30, opposing a proposal by the Illinois State Tollway Highway Authority to reduce access at the intersection of Deerfield Road and the Tri-State Tollway. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. This Resolution will be distributed to the appropriate State Legislators, and neighboring communities will also be asked to pass a similar resolution. 1995 VILLAGEWIDE STREET MAINTENANCE PROGRAM Mr. Balling explained this agreement, details of which are contained in Mr. Kuenkler's memo to him of May 18, 1994. Moved by Hendricks, seconded by Rubin, to pass Resolution #94-31, approving an Agreement for Design Engineering Services for the 1995 Villagewide Contractual Street maintenance Program. There was discussion as to why Highland Grove is not included in this agreement. Moved by Braiman, seconded by Marienthal, to table this item until staff has an opportunity to review. Upon roll call, Trustees voted as follows: 9519 6/6/94 AYES: 4 - Marienthal, Rubin, Braiman NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. MFT FUNDS - 1995 VILLAGEWIDE STREET MAINTENANCE PROGRAM Moved by Braiman, seconded by Hendricks, to table consideration for Improvement by Municipality under the Illinois Highway Code - Motor Fuel Tax Funds for 1995 Villagewide Street Maintenance Program. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ORDINANCE #94-31 - TOWN AND COUNTRY ANNEXATION AGREEMENT Moved by Rubin, seconded by Hendricks, to pass Ordinance #94-31, approving an Annexation Agreement for the Town and Country Development. Peter Brennan asked the Board to approve the Agreement subject to two provisions: minor modification included in the Milbro agreement regarding the payment of recapture fees owed that they would ask to be included in this agreement; and also that the ordinance be subject to them closing on the property within 60 days of passage. Mr. Raysa stated that the provision regarding the same provision as in the Milbro agreement is acceptable and does not present a problem. Mr. Brennan stated that the closing is currently scheduled for June 15, 1994, but there could be some delay, which is why they are asking for the second "subject to" . Mr. Raysa stated that the Board has done something similar in the past; he believes the exact language can be worked out; he did not expect ordinances to be approved tonight, but he believes it can be worked out. EXECUTIVE MEETING Moved by Braiman, seconded by Rubin, to moved to Executive Session to discuss Litigation. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. The Board moved to Executive Meeting from 9:40 P.M. until 10:40 P.M. ORDINANCE #94-31 - TOWN AND COUNTRY ANNEXATION AGREEMENT Moved by Braiman, seconded by Marienthal, to reconvene the Regular Meeting. Upon voice vote, the Regular Meeting was reconvened at 10:40 P.M. President Mathias re-opened the Town and Country Public Hearing at this time. Mr. Raysa stated that this Public Hearing is to review the draft before the Village Board and the public this evening called Town and Country Homes Residential Development Annexation Agreement dated 6/2/94. Mr. Raysa reviewed the changes which were made to the document; the developer was in agreement to the proposed changed. 9520 6/6/94 Trustee Rubin amended the motion to make it subject to revision by the Village Attorney; Trustee Hendricks seconded the amendment. Upon roll call, Trustees voted as follows on the amended motion: AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, President Mathias NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ORDINANCE #94-32 - MILBRO ANNEXATION AGREEMENT President Mathias re-opened the Public Hearing at 10:47 P.M. Mr. Raysa stated for the record that Annexation Agreement which was presented before the Public Hearing is entitled Milbro Ltd. Annexation Agreement dated 6/3/94. Mr. Raysa reviewed minor revisions to the draft, which were acceptable to staff and the developer. Moved by Braiman, seconded by Rubin, to pass Ordinance #94-32, approving an Annexation Agreement for the Milbro Property. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, President Mathias NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ORDINANCE #94-33 - ANNEXATION Moved by Hendricks, seconded by Rubin, to pass Ordinance #94-33, annexing the Town and Country (Billick and Quill) , Milbro, and Power Nail properties to the Village of Buffalo Grove, giving staff to correct the legal description of the property. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ORDINANCE #94-34 - ANNEXATION Moved by Rubin, seconded by Braiman, to pass Ordinance #94-34, annexing the Wilke/Firstar portion of the Billick property to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. BILLICR PROPERTY Moved by Braiman, seconded by Rubin, to defer annexation of the "gap" portion of the Billick Property to the Village of Buffalo Grove until proper documentation is received. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. 9521 6/6/94 ORDINANCE #94-35 - ZONING Moved by Rubin, seconded by Braiman, to pass Ordinance #94-35, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it pertains to the Town and Country (Billick and Quill, including the Wilke/Firstar portions of Billick) properties, giving staff authority to amend the legal description. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ORDINANCE #94-36 - ZONING Moved by Rubin, seconded by Hendricks, to pass Ordinance #94-36, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it pertains to the Milbro Property. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ORDINANCE #94-37 - ZONING Moved by Marienthal, seconded by Hendricks, to pass Ordinance #94-37, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it pertains to the Power Nail Property. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. At this time, President Mathias closed the Public Hearings for both Town and Country and Milbro. BID AWARD - 32,000 GVW DUMP TRUCK Mr. Balling explained this purchase, details of which are contained in Mr. Rigsby's memo to him of June 1, 1994. Moved by Braiman, seconded by Hendricks, to approve waiver of bid and bid award for 32, 000 GVW Dump Truck with attachments - Public Works Department, as outlined in Mr. Rigsby's June 1, 1994 memo. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. President Mathias declared a recess from 10:58 P.M. until 11:10 P.M. EXECUTIVE MEETING Moved by Hendricks, seconded by Rubin, to move to Executive Meeting to discuss Litigation. Upon roll call, Trustees voted as follows: 9522 6/6/94 AYES: 3 - Rubin, Braiman, Hendricks NAYS: 1 - Marienthal ABSENT: 2 - Reid, Kahn Motion declared carried. The Board adjourned to Executive Meeting from 11:12 P.M. until 11:19 P.M. ROSEGLEN SUBDIVISION The attorney for the developer stated there are still outstanding issues regarding this property, i.e. landscaping, Title 19, and the pond. There was discussion on the above issues, after which it was moved by Braiman, seconded by Hendricks, to defer approval of a Planned Unit Development (P.U.D.) in the R-9 Multi-family Dwelling District (Phase 1 Parcel) , approving re-zoning to the R-4 One Family Dwelling District (Phase 2 Parcel) and approving a Preliminary Plan for Phases 1 and 2 - Roseglen Subdivision, Checker Road until the above stated issues can be resolved. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. KIRK CORPORATION - ROSEGLEN SUBDIVISION Moved by Braiman, seconded by Hendricks, to defer approving a Settlement Agreement as it regards the Kirk Corporation Roseglen Subdivision/Golf Course North Property, Checker Road, until issues can be agreed upon. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ROSEGLEN SUBDIVISION - APPEARANCE COMMISSION Moved by Braiman, seconded by Hendricks, to defer Appearance Commission recommendation for the Roseglen Subdivision - Full Review, until issues can be agreed upon. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 2 - Reid, Kahn Motion declared carried. ADJOURNMENT Moved by Marienthal, seconded by Rubin, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:40 P.M. diet M. Sirabian, Village Clerk APPRO BY ME THIS 2- DAY OF j �" , 19 1 e rfdent