1994-06-20 - Village Board Regular Meeting - Minutes 9523
6/20/94
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN
COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, JUNE 20, 1994
CALL TO ORDER
President Mathias called the meeting to order at 7:41 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias; Trustees
Marienthal, Reid, Kahn, Rubin, and Braiman. Trustee Hendricks was absent.
Also present were: William Balling, Village Manager; Richard Skelton, Acting
Village Attorney; William Brimm, Finance Director; Phil Versten, Administrative
Assistant; Gregory Boysen, Director of Public Works; Raymond Rigsby,
Superintendent of Public Works; Richard Kuenkler, Village Engineer; Robert Pfeil,
Village Planner; Deputy Fire Chief Hansen; and Joseph Tenerelli, Village
Treasurer.
APPROVAL OF MINUTES
Moved by Braiman, seconded by Marienthal, to approve the minutes of the June 6,
1994 Regular Meeting. Upon roll call, Trustees voted as follows:
Trustee Hendricks arrived at this time.
AYES: 4 - Marienthal, Rubin, Braiman, Hendricks
NAYS: 0 - None
ABSTAIN: 2 - Reid, Kahn
Motion declared carried.
WARRANT #768
Mr. Tenerelli read Warrant #768. Moved by Kahn, seconded by Braiman, to approve
Warrant #768 in the amount of $1,905,282.79, authorizing payment of bills listed.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESPITE CARE PROGRAM
Two members of the Commission for Residents with Disabilities presented an award
for the Respite Care Program in the Village; they, as well as Trustee Rubin,
explained the Program. President Mathias thanked the members of the Commission
for their hard work in putting this program together.
WILLOW STREAM CONCERTS
President Mathias urged residents to attend the Summer Concerts held on Tuesday
evenings during the summer at Willow Stream Park, and on Thursday evenings at the
Rotary Village Green, as well as the Fireworks Display on July 4, 1994.
9524
6/20/94
ROUTE 53 CORRIDOR COUNCIL
Trustee Reid reported on the Intergovernmental Agreement between the Route 53
Corridor Council and the State Tollway Authority, which he will distribute to the
rest of the Board.
WISCONSIN CENTRAL
Trustee Marienthal reported on the billboard on the Wisconsin Central right-of-
way at Route 22.
APTAKISIC ROAD
Trustee Marienthal reported on the Aptakisic Road construction.
DRIVEWAY APRON REQUEST
Mr. Balling brought the Board up to date on the brick paver driveway apron
request, details of which are contained in Mr. Boysen's memo to him of June 10,
1994; he stated that, if the request is granted, the most workable approach would
be to vary the Development Ordinance, although staff does not recommend anything
except PCA product, and he explained the reasons for that recommendation.
After discussion, President Mathias polled the Board: "YES" indicates favor of
a change in the Development Ordinance; "NO" indicates favor of leaving it as is:
YES: Marienthal, Reid, Rubin, Braiman, Hendricks
NO: Kahn
Mr. Ballingstated that the proper ordinance will be readyfor the 11, 1994
p P July
Regular Meeting.
MANAGEMENT REPORT
Mr. Balling noted the submission of the Management Report for May, 1994; there
were no questions on same.
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. G. be removed from the Consent Agenda.
ORDINANCE #94-38 - Billick Property Annexation
Moved by Braiman, seconded by Reid, to pass Ordinance #94-38, Annexing the "Gap"
portion of the Billick Property to the Village of Buffalo Grove. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
9525
6/20/94
ORDINANCE #94-39 - Billick Property Zoning
Moved by Braiman, seconded by Reid, pass Ordinance #94-39, Amending the
Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it pertains to
the "Gap" portion of the Billick Property. Upon roll call, Trustees voted as
follows: Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-40 - Prevailing Wages
Moved by Braiman, seconded by Reid, to pass Ordinance #94-40, Concerning
Prevailing Wages for the period June 1, 1994 through May 31, 1995. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-41 - Title 10
Moved by Braiman, seconded by Reid, to pass Ordinance #94-41 Amending Title 10
of the Municipal Code adding a Stop Sign at the intersection of Checker Drive and
Old Checker Road. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-42 - Liquor Controls, Gold Standard
Moved by Braiman, seconded by Reid, to pass Ordinance #94-42, Amending Chapter
5.20 of the Liquor Control Ordinance creating a Class C license for Gold Standard
Liquors, Buffalo Grove Town Center. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-43 - Liquor Control, Bumpers
Moved by Braiman, seconded by Reid, to pass Ordinance #94-43, Amending Chapter
5.20 of the Liquor Control Ordinance as it concerns Special Conditions for
Bumper's Class A liquor license. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #94-31 - IL Route 83
Moved byBraiman, seconded byReid, to pass Ordinance #94-31, Approving a
Supplemental Agreement with the State of Illinois concerning the improvement of
IL Route 83 between Buffalo Grove Road and Arlington Heights Road. Upon roll
call, Trustees voted as follows:
9526
6/20/94
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #94-32 - Continental Cablevision
Moved by Braiman, seconded by Reid, to pass Resolution #94-32, Concerning the
t Cost of Service Determination Date for Continental Cablevision. Upon roll call,
v Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
SELF CONTAINED BREATHING APPARATUS - Award of Bid
Moved by Braiman, seconded by Reid, to Award the Bid - Fire Department Self-
Contained Breathing Apparatus. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
KONAMI - Aesthetics
Moved by Braiman, seconded by Reid, to accept the Appearance Commission
recommendation: Konami Research and Development Building, Deerfield
Parkway/Busch Parkway - Full Review. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
PAVEMENT STREET STRIPER - Authorize to Bid
Moved by Braiman, seconded by Reid, to Authorize to Bid - Public Works pavement
street striper. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
THE COVES OF BUFFALO GROVE
Moved by Kahn, seconded by Reid, to pass Ordinance #94-44, approving a Planned
Unit Development and Preliminary Plan for the Coves of Buffalo Grove/Edward
Schwartz & Company development.
John Martin, JEN Land Design, made a presentation to the Board outlining the
revisions to the plan, details of which are contained in Mr. Pfeil's memo to
Mr. Balling of June 16, 1994.
Elroy Sandquist, attorney representing the Covington Homeowners, reviewed the
concerns of the residents which were detailed in a letter to President Mathias
last week.
For the record, Mr. Kuenkler stated that all comments previously made about the
basin took into account the revised restrictor size.
9527
6/20/94
Trustee Rubin stated that he believes the plan should contain only two buildings;
he believes there is too much on the property; he will vote negatively on the
plan.
In answer to a question from Trustee Reid, Mr. Martin explained his comments
regarding coordination of tree planting with Kingswood Methodist Church.
Trustee Reid is concerned about the drainage; he does not think the Covington
Homeowners should be responsible for the water coming off subject property.
Mr. Pfeil and Mr. Skelton both agreed that the additional landscaping is covered
in the agreement and would be enforceable.
Trustee Marienthal is also concerned about the drainage, the landscaping, and the
snow removal.
Marc Schwartz stated that trees would be planted in close proximity to the
location on the plan submitted during the first phase of construction of the east
building.
Dick Stone of Kingswood Methodist Church stated that the landscaping issue has
been satisfactorily worked out between the church and the developer.
Marc Schwartz stated that the snow removal will be the sole responsibility of the
developer and the association for The Coves of Buffalo Grove.
Trustee Braiman asked several questions regarding drainage, which were answered
by Mr. Martin and Mr. Kuenkler; he does not see how the Board can not approve
this type of use because it is just exactly what is next door.
Trustee Hendricks stated that he also would like to see two units rather than
three; he does have some concerns with the drainage.
Mr. Skelton commented on the objections received, stated that the petition is not
1 sufficient because it is not signed by all of the property owners, therefore, a
simple majority vote is all that is needed.
President Mathias stated that the chair rules that 5 affirmative votes will be
needed to pass this ordinance, because he believes when a large number of
residents who are directly affected by a development are against that
development, there should be more than a simple majority of the Board to approve
the development.
Marc Schwartz stated that the Village requested that the drainage be off site,
and they designed the plan accordingly. Both the developer's engineer and the
Village Engineer have stated that the drainage is satisfactory, and they are at
a loss to explain why this is an issue.
Mr. Sandquist commented on his interpretation of the ruling on the petition.
Upon roll call, Trustees voted as follows on the motion:
AYES: 2 - Kahn, Braiman
NAYS: 4 - Marienthal, Reid, Rubin, Hendricks
Motion defeated.
Marc Schwartz asked why the chair changed his position regarding the petition
from his comments at the May 16, 1994 meeting, and President Mathias again
1 explained. President Mathias stated that, since the majority of the Board was
not in favor of the project, there was no need for him to vote; he stated that,
if the majority of the Board had been in favor of the project, he would have
9528
6/20/94
voted affirmatively.
Marc Schwartz noted that the pollings taken at the last meeting are not
consistent with tonight's vote.
ORDINANCE #94-44 - ROSEGLEN
Moved by Kahn, seconded by Reid, to pass Ordinance #94-44, approving a Planned
Unit Development in the R-9 Multi-Family Dwelling District (Phase One parcel) ,
�./ approving rezoning to the R-4 One-Family District (Phase Two parcel) , and
approving a Preliminary Plan for Phases One and Two - Roseglen Subdivision,
Checker Road.
The attorney for the Kirk Corporation stated that all outstanding issues have
been resolved, as detailed in Mr. Pfeil's memo to Mr. Balling of June 16, 1994.
Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 1 - Marienthal (because of the R-4 zoning)
Motion declared carried.
President Mathias welcomed the developer to the Village. The attorney for the
Kirk Corporation stated that they are very enthusiastic about the level of
cooperation they have received from the Village.
President Mathias stated that the Village looks forward to seeing a signed court
order dismissing the litigation.
RESOLUTION #94-33 - ROSEGLEN
Moved by Kahn, seconded by Reid, to pass Resolution #94-33, approving a
Settlement Agreement as it regards the Kirk Corporation Roseglen Subdivision/Golf
Course North Property, Checker Road. Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 1 - Marienthal
Motion declared carried.
RESOLUTION #94-35 - VILLAGEWIDE STREET MAINTENANCE
Mr. Balling explained the proposed 1995 Contractual Street Maintenance Program,
details of which are contained in Mr. Boysen's memo to him of June 16, 1994.
Moved by Hendricks, seconded by Braiman, to remove the Agreement for Design
Engineering Services for the 1995 Villagewide Contractual Street Maintenance
Program from the Table. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
President Mathias asked for the opinion of the Board regarding Highland Grove as
opposed to Pauline.
Trustee Braiman suggested the Agreement be modified to include Highland Grove.
President Mathias polled the Board: "YES" indicates favor of substituting
Highland Grove Road; "NO" indicates favor of keeping Pauline as was in a prior
program:
9529
6/20/94
YES: Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NO: None
Moved by Hendricks, seconded by Braiman, to approve the Agreement for Design
Engineering Services for the 1995 Villagewide Contractual Street Maintenance
Program, reflecting the results of the above polling.
Trustee Reid stated that he believes that an ongoing relationship with a vendor
should periodically be reviewed.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
RESOLUTION #94-34 - MFT FUNDS
Moved by Hendricks, seconded by Braiman, to pass Resolution #94-34, 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: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ROSEGLEN SUBDIVISION
Moved by Braiman, seconded by Kahn, to approve Appearance Commission
recommendation for Roseglen Subdivision - Full Review. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
STREETLIGHT MAINTENANCE PROGRAM
Moved by Hendricks, seconded by Rubin, to award bid for Department of Public
Works Streetlight Maintenance Program, as outlined in Mr. Rigsby's memo to Mr.
Balling of June 16, 1994. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
JCYS DAYCARE CENTER
Mr. Balling reviewed the proposal.
Barry Ash, attorney for JCYS, made a presentation to the Board, details of which
are contained in Mr. Pfeil's memo to Mr. Balling of June 16, 1994.
Marshall Klein made a brief presentation regarding the history and background of
the organization.
Jeffrey Brown, architect, made a presentation to the Board, referring to the site
plan.
9530
In answer to a question from Trustee Reid, Mr. Klein stated that Phase Two will
be kept in presentable condition until it is ready for development.
Moved by Kahn, seconded by Reid, to refer the JCYS Daycare Center proposal,
Weiland Road to the Plan Commission for review as a Phase One, but making it
clear that they should note that Phase Two is an option that they would want to
review at that time, at least for a land planning use in the space set aside.
Trustee Rubin stated that, on behalf of District 102, the Plan Commission should
/ be reminded that this was designed as commercial property; he thinks it is an
v excellent plan for the location.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
NAYS: 0 - None
Motion declared carried.
ORDINANCE #94-45 - THAI YIEN
Trustee Rubin explained his reasons for requesting that this item be removed from
the Consent Agenda.
Moved by Braiman, seconded by Kahn, to pass Ordinance #94-45 , amending Chapter
5.20 of the Liquor Controls Ordinance creating a Class A license for Thai Yien
Restaurant, Plaza Verde.
Trustee Rubin requested that, if the ordinance is approved, there be a special
condition that all employees, at time of issuance, who serve liquor, attend a
Basset program. Trustees Braiman and Kahn agreed to adding same to the motion.
Upon roll call, Trustees voted as follows:
AYES: 3 - Marienthal, Kahn, Braiman
NAYS: 4 - Reid, Rubin, Hendricks, President Mathias
Motion defeated.
Moved by Reid, seconded by Hendricks, to pass Ordinance #94-45 , amending Chapter
5.20 of the Liquor Controls Ordinance creating a Class A license for Thai Yien
Restaurant, Plaza Verde. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Hendricks, President Mathias
NAYS: 3 - Kahn, Rubin, Braiman
Motion declared carried.
President Mathias stated that he will inform the Board of his decision whether
or not to issue a liquor license now that one has been provided for.
President Mathias stated that there will not be an Executive Meeting tonight.
ADJOURNMENT
Moved by Kahn, seconded by Reid, to adjourn the meeting. Upon voice vote, the
v motion was unanimously declared carried. The meeting was adjourned at 9:42 P.M.
MQ�T.. 2
Jan . Sirabian, Village Clerk
AP V BY S D OF jr , 1994
I