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1992-01-20 - Village Board Regular Meeting - Minutes 8279 1/20/92 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JANUARY 20, 1992 President Mathias called the meeting to order at 7:39 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President ROLL CALL Mathias, Trustees Marienthal, Reid, Kahn, Rubin, Braiman, and Hendricks. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Frank Hruby, Director of Building & Zoning; Robert Pfeil, Village Planner; Joseph Tenerelli, Village Treasurer. Moved by Kahn, seconded by Reid, to approve the minutes of APPROVAL OF MINUTES the January 6, 1992 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to approve the minutes of the January 13, 1992 Committee of the Whole meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Mr. Tenerelli read Warrant #710. Moved by Braiman, WARRANT#710 seconded by Kahn, to approve Warrant #710 in the amount of $1,790,522.29, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Mr. Balling noted the submission of the Management Report MANAGEMENT REPORT for December, 1991; there were no questions on same. PUBLIC HEARING WINCHESTER ESTATES TOWNHOMES ANNEXATION President Mathias called the Public Hearing to order at 7:45 P.M. , and 8280 1/20/92 swore in the following people to give testimony; David Reifman, Attorney; David Hoffman, Red Seal Development Corporation; Sherwin Braun, Architect; and Ronald Adams, Pearson, Brown & Associates. Mr. Reifman made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of January 15, 1992. Mr. Hoffman also made a presentation, referring to the following exhibits: EXHIBIT #1 - Land Plan EXHIBIT #2 - Elevations EXHIBIT #3 - A Unit EXHIBIT #4 - B Unit EXHIBIT #5 - C Unit EXHIBIT #6 - Aerial Photo Mr. Hoffman confirmed that they understood that, as Title 19 values are in the process of being reviewed, they will have to pay whatever Title 19 fees are in effect at the proper time. Trustee Reid stated he is pleased with the site plan. Trustee Reid also had some questions regarding the contributions regarding the bike path. Mr. Hoffman and Mr. Balling responded to Trustee Reid. Trustee Reid also stated that he hoped to see the requirement for illuminated house numbers in future agreements. Mr. Raysa stated that tonight's Public Hearing is on that certain Draft Annexation Agreement dated in the upper left-handed corner 1/15/92, "Winchester Estates Townhomes - Red Seal Development Corporation - Route 83/Bank Lane". At 8: 17 P.M. , President Mathias continued the Public Hearing until February 3, 1992 when the ordinances will be ready. Allie Smythe presented further documentation to the Board ANIMAL ORDINANCE regarding the Vietnamese Pot Bellied Pig. President Mathias stated that staff will review this information and respond to her. President Mathias explained the Consent Agenda and stated CONSENT AGENDA that any member of the audience or the Board may request that an item be removed for full discussion; there were no l / such requests. Moved by Marienthal, seconded by Reid, to pass Ordinance ORDINANCE #92-7 #92-7, Providing for the Amendment of Certain Documents (Economic Develop- Relating to the Outstanding $6,000,000 Economic ment Revenue Bonds) Development Revenue Bonds (County Line Partners Project) of the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 8281 1/20/92 Moved by Marienthal, seconded by Reid, to pass Ordinance ORDINANCE #92-8 #92-8, Authorizing and Providing for the Call and (Revenue Bonds) Redemption of Certain Outstanding Waterworks and Sewerage Refunding Revenue Bonds Dated October 1, 1970 of the Village of Buffalo Grove, and for Giving Notice of Such Call. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to pass Ordinance ORDINANCE #92-9 #92-9, Granting a Variance from Section 17.32.020.F. of (Zoning Variance) the Buffalo Grove Zoning Ordinance for the purpose of Constructing a Detached Garage exceeding 20% rear yard limitation - 229 Cottonwood Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to Approve the WOODLANDS AT FIORE Certificate of Initial Acceptance and Approval - The (Initial Acceptance Woodlands at Fiore Unit 14. Upon roll call, Trustees & Approval) voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to Approve the Plat ILLINOIS ROUTE 83 of Dedication - Illinois Route 83. Upon roll call, (Plat of Dedication) Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to Approve the VILLAS OF OAK CREEK Certificate of Initial Acceptance and Approval - Villas of (Initial Acceptance Oak Creek. Upon roll call, Trustees voted as follows: & Approval) AYES: 5 - Marienthal, Reid, Kahn, Braiman,Hendricks NAYES: 0 - None ABSTAIN: 1 - Rubin Motion declared carried. Moved by Marienthal, seconded by Reid, to Approve the CHURCHILL LANE Certificate of initial Acceptance and Approval - Churchill (Initial Acceptance Lane Unit 1. Upon roll call, Trustees voted as follows: & Approval 8282 1/20/92 AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to Authorize to Bid 1992 Villagewide - 1992 Villagewide Contractural Street Maintenance Street Maintenance Program. The Village Engineer recommends approval. Upon Program roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Rubin, seconded by Kahn, to pass Ordinance ORDINANCE #92-10 #92-10, approving an Annexation Agreement with Abbott (Abbott Contractors (Route 83/Busch Road) , details of which are Contractors) contained in Mr. Pfeil's memo to Mr. Balling of January 16, 1992. Steve Handler, Hidden Lake Village, stated that he is not pleased to see commercial development in an area which is almost 100% residential. President Mathias stated that, although the Board is happy to hear Mr. Handler's comments, the property has been posted, and there have been several public hearings on this property. Trustee Braiman and Marienthal both reiterated their concerns regarding traffic and density. Upon roll call, Trustees voted on the motion: AYES: 5 - Reid, Kahn, Rubin, Hendricks, President Mathias NAYES: 2 - Marienthal, Braiman Motion declared carried. Moved by Rubin, seconded by Kahn, to pass Ordinance ORDINANCE #92-11 #92-11, annexing the Abbott Contractors Property to the (Abbott Village of Buffalo Grove. Upon roll call, Trustees voted Contractors) as follows: AYES: 4 - Reid, Kahn, Rubin, Hendricks NAYES: 2 - Marienthal, Braiman Motion declared carried. Moved by Rubin, seconded by Kahn, to pass Ordinance ORDINANCE #92-12 #92-12, amending the Comprehensive Zoning Ordinance of the (Abbott Village as it concerns the Abbott Contractors Property. Contractors) Upon roll call, Trustees voted as follows: AYES: 4 - Reid, Kahn, Rubin, Hendricks NAYES: 2 - Marienthal, Braiman Motion declared carried. President Mathias welcomed the developer into the Village. 8283 1/20/92 Moved by Rubin, seconded by Reid, to pass Ordinance ORDINANCE #92-13 #92-13, establishing authorization for appropriations for (Food Service the Village of Buffalo Grove Food Service Operations Fund Operations) for the period January 1, 1992 through December 31, 1992, details of which are contained in Mr. Brimm's memo to Mr. Balling of December 17, 1991. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Rubin, seconded by Kahn, to pass Resolution CAPITAL IMPROVEMENT #92-1, approving the FY 91-92 through FY 96-97 Capital PLAN Improvement Plan. Mr. Balling made a presentation on the Plan to the Board, details of which are contained in Mr. Szymborski's memo to him of January 16, 1992, and also in his memo to the Baord of November 11, 1991. It was noted that approval of the Capital Improvement Plan does not in any way mean that a project has final approval. Each improvement, including this year's, must come before the Board during the normal budget hearings for specific approval. Trustee Reid shared his ideas on the Plan, which are contained in his memo to Mr. Balling of December 21, 1991. He believes there are some elements being put into this Capital Improvement Plan that really are not yet ready to be incorporated into it; he believes there are some policy decisions that must be addressed by the Board. After lengthy discussion, it was amended by Rubin, and seconded by Kahn, that the Board hold a workshop in February on the Plan, and with the recommendation that, in the future, the capital projects be presented earlier in the year so that the Board is not rushed prior to budget time, such as November or December. After further discussion, Trustee Reid moved to defer the proposed resolution until the first Regular Meeting after the workshop of the Committee of the Whole on the Capital Improvement Plan; Trustee Braiman seconded the motion. Upon roll call, Trustees voted as follows on the motion to defer: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 8284 1/20/92 Details of this subject are contained in Mr. Hruby's memo ZBA APPEAL to Mr. Balling of January 14, 1992. Elaine Stevens, 583 Carriage Way, presented herself to the Board. President Mathias asked if Tom Miller, 579 Carriage Way, the objector, or anyone representing him were present. Mr. Hruby stated that Mr. Miller phoned him today and informed him that he would not be able to attend tonight's meeting. Mr. Hruby stated that Mr. Miller's main concern is the willow tree which might have to be removed if the addition were to be constructed. Mr. Hruby stated that the willow tree is not on the petitioner's property, therefore, would not be affected. Mr. Miller asked that, in his absence, his letters to Mr. Schar of December 17, 1991, December 27, 1991 , and January 3, 1992 be considered by the Board. President Mathias then summarized the letters form Mr. Miller. Mr. Raysa stated that it is not necessary for the objector to be physically present. Mr. Raysa also clarified the zoning laws governing this type of variation. Mrs. Stevens again stated that the willow tree will not be affected, since it is not on her property. Moved by Reid, seconded by Kahn, to deny the appeal and to grant the variance for Elaine Stevens, 583 Carriage Way. Upon roll call, Trustees voted as follows: it AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. President Mathias stated that the appeal has been denied, and the original decision of the ZBA has been upheld. Mr. Versten reviewed what has happened to date regarding CONTINENTAL the rate increase to take place in March, details of CABLEVISION which are contained in his memo to Mr. Szymborski of January 16, 1992, and also his memo to Mr. Szymborski and Mr. Balling of December 11, 1991. Rhonda Christenson, General Manager, Continental Cablevision, made a presentation to the Board explaining the methodology used in determining the rate increase. Mrs. Christenson also reviewed a packet of information which she distributed to the Board. Lengthy discussion ensued regarding the method for 8285 1/20/92 determining the amount of increases, and also whether or not all communities are in actuality paying for the fiber optics installed in Palatine. Trustee Reid stated that Trustees have an obligation to question the numbers that are presented, and Continental Cablevision has an obligation to get answers to the Board and also to the subscribers. The suggestion was made that either Mr. Brimm do a preliminary audit, or that the present auditors of the Village be asked to do a preliminary audit, to determine whether or not a complete audit is warranted. Mr. Balling reviewed Mr. Hruby's memo to him of January STRATHMORE 16, 1992 regarding the Strathmore Shopping Center/Rainbow SHOPPING CENTER Path Early Learning Center Property. Moved by Reid, seconded by Kahn, to move to Executive EXECUTIVE MEETING Meeting to discuss Litigation. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:21 P.M. Janie M. Sirabian, Village Clerk APPROVED BY ME THIS n - DAY OF , 199 j illage Pr s ent