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1990-12-17 - Village Board Regular Meeting - Minutes 8003 12/17/90 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, DECEMBER 17, 1990 President Clayton called the meeting to order at 7:30 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President ROLL CALL Clayton; Trustees Marienthal, Reid, Shifrin, Mathias, O'Malley, and Kahn. Also present were William Balling, Village Manager; Lee Szymborski, Assistant Village Manager; William Brimm, Director of Finance; Phil Versten, Administrative Assistant; Robert Pfeil, Village Planner; Joseph Tenerelli, Village Treasurer. William Raysa, Village Attorney was detained by traffic and arrived at 9: 10 P.M. Moved by Marienthal, seconded by Reid, to appoint Shirley CLERK PRO TEM Bates, Clerk Pro Tem. Upon voice vote, the motion was unanimously declared carried. Moved by Reid, seconded by Marienthal, to approve the APPROVAL OF minutes of the December 3, 1990 Regular Meeting. MINUTES Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Mathias, Shifrin, O'Malley NAYES: 0 - None ABSTAIN: 1 - Kahn Motion declared carried. William Brimm read Warrant #683. Moved by Mathias, WARRANT #683 seconded by Kahn to approve Warrant #683 in the amount of $2,425,719.19 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None Motion declared carried. Trustee Mathias reported that the cable company cannot CABLE SERVICE meet the requirement of providing service to Canterbury and Woodlands, Unit 15, within the two year period after final approval of the plat of subdivision. They would like to appear before the Village Board and discuss the situation. President Clayton requested Staff to schedule an appearance and contact the cable company in order to provide some background information and recommendations for consideration. 8004 12/17/90 Mr. Balling confirmed that conversations have taken place and they will be scheduled for Board evaluation at the January 7, 1991 meeting. Trustee Mathias reported on three recent newspaper REGIONAL articles that indicate a need for a regional council to COMMUNICATION establish communication and cooperation between Village Mayors, Managers and Trustees to discuss and possibly solve difficult issues without resorting to lawsuits. President Clayton responded that there are several existing forums where community issues are discussed. She agreed that Buffalo Grove should always be represented to create the necessary communication for good relationships. Trustee Shifrin spoke regarding an ordinance prohibiting RECYCLING polystyrene products. He has received information about an alternative recyclable material and suggested inquiring if Buffalo Grove Disposal would consider adding the collection of this material along with the regular pickups. Trustee O'Malley expressed appreciation for the plant that APPRECIATION was sent to him following his recent foot surgery. There is a representative of the resident group regarding LAKE-COOK ROAD the widening of Lake Cook Road present who may comment WIDENING later. Trustee Reid commented that he is glad the cable company CABLE is coming in to discuss their situation before the deadline dates. Wal Mart shopped two Villages and other developers will be WAL MART doing the same thing, so another council will not be an improvement. Trustee Reid stated that Long Grove has a long history of REGIONAL law suits and will probably not be changed by an COMMUNICATION organization. Trustee Marienthal asked the citizens to consider JAYCEE purchasing their Christmas trees form the Jaycees. The CHRISTMAS TREE funds are reinvested in Buffalo Grove. SALE Trustee Marienthal asked Mr. Balling to continue the TRAFFIC LIGHTS follow up of timing the lights on Lake-Cook Road. The one on the other side of the bridge is still not activated by traffic. When will it be replaced? Mr. Balling is aware of the light at Johnson Drive and said there is no schedule for replacement. He will follow up and report. 8005 12/17/90 Trustee Marienthal wondered if Buffalo Grove can recoup LAWSUIT FEES any funds that were expended in the law suit with Long Grove? (Mr. Raysa was detained and arrived later in the meeting.) Trustee Mathias attended several committee meetings COMMUNITY relative to the Route 53 extension and after two years, a FORUMS tentative agreement has been reached, so such groups can be beneficial. President Clayton commented that it took two years to reach an agreement on the formation of the council so that actual work can begin. Another agreement that was signed is in regard to the Lake County Solid Waste comprehensive plan. Such forums are useful. Mr. Balling submitted a schedule for amending the current OUTDOOR WATER outdoor water use regulation. He recommended its USAGE implementation in order to facilitate all the necessary steps that are taken to keep citizens informed and garner their input. He suggested having the opening public hearing at the Village Hall on January 29, 1991. The Village signs will re relettered to reflect the new regulations for the watering season which starts in May 1991 . Trustee O'Malley suggested combining the water use regulation schedule with the refuse collection cuts. Residents are questioning the need to change the watering schedule. Is there a shortage of water? Mr. Balling responded there is no shortage of water, but there is a potential shortage of peak hour storage of water. The conservation program has more benefits and will liberalize the use of outside water. He agreed with the suggestion to combine the two items on the public information schedule. Mr. Szymborski summarized the memo regarding Refuse REFUSE Collection. He recommended a resident survey as opposed COLLECTION to a referendum because voter turnout is so low and because a survey can target actual refuse collection $ users. Buffalo Grove should be notified by January 28, 1991 for a 90-day extension. April is the beginning of the yard waste collection season. A recommendation will be at the next Village Board meeting. Trustee Shifrin agreed that a public survey is better than a referendum because the program could only be modified by voters. Trustee Reid also agreed a survey is better because election day is April 2nd and the refuse program is scheduled to start April 1st. L 8006 12/17/90 He suggested notifying Buffalo Grove Disposal before January 28, 1991 that the Village does want to reconsider the refuse program and get their proposal. He agreed with combination public hearings with the water use schedule. Modifications can be made without a referendum. Trustee Marienthal said he agreed with the other comments about the late date for a referendum. Trustee Mathias agreed that it is appropriate to re-survey the community about their refuse collection preference. The Trustees can make a better decision if they know how the residents feel now that a year has past. Many residents do not require yard waste service. He suggested that Staff review the programs of other communities, such as paper bags, etc. Trustee O'Malley agreed a referendum would not be feasible because the issue could not be handled with three questions on a ballot. Other communities are getting more service with a different provider and this is another consideration that should be made. Mr. Balling said that Staff will present refuse collection options in January at a regular meeting or a scheduled workshop. Pricing is open at this time because this is a new service and is still being evaluated. Mr. Balling submitted the Management Report #107 for MANAGEMENT November, 1990. REPORT Trustee Marienthal noted that the top portion of the Building & Zoning report includes permit figures for the prior year, but the lower portion does not. Could this be included in future reports? Mr. Balling said there figures will be added to the December report. Trustee Mathias asked if there is a report from the housing court that was scheduled for this date. The Health Officer was not present and there was no report. Mr. Balling said the court date will be discussed at the Tuesday Staff meeting. PUBLIC HEARING The Public Hearing for Westchester, Phase II Annexation was called to order at 8:15 P.M. President Clayton read the Public Hearing Notice from the Daily Herald, December 1 , 1990. Mr. John Green, Systems Design Group, Architects and Designers, representing Scarsdale Development, was sworn in and made the presenta- 8007 12/17/90 tion. The exhibits, A,B,C,D,E,F, and G were described. Items that were discussed with the Village Board and Plan Commission at previous work- shops and public hearings have been taken into consideration. Modifications are shown on the new site plan - Exhibit D. The bike path has been extended to Buffalo Grove Road. Appropriate turn lanes have been provided. The site will be developed in consistent with Westchester Estates. All lots exceed the minimum 10,000 square foot requirement. The Proposed product will be the larger Westchester and Parkchester homes that are being marketed, with basements, 2-3 car garages, brick and cedar and a variety of options. The three variations being requested are included in the Annexation Agree- ment on page 13-29, Special Conditions. Mr. Balling confirmed the presentation of the annexation agreement. He added that it captures the policy objectives of the Village and should result in a well-controlled subdivision. Street lights have been installed and an invoice has been sent. They would like to have it paid before the agreement is considered on January 7, 1991. The Park District was not interested in the lake on the north spike of the parcel and this area will revert to the Village ownership. Mr. Rigsby is working out an agreement for maintenance with the Park District because there will be no homeowner's association. There were no agencies or groups present to give testimony. Trustee Mathias asked if there were any flood issues with Lots 9 and 10. Mr. Green explained the rebanking of the creek so that water is held on the site and said that applications have been made to the State with regard to the floodway. No problems are anticipated. Trustee Mathias asked what will the park be used for? Mr. Green responded that the Park District asked that the area be developed with sufficient space for playing fields. it is meant to be a regional park and adequate space is being provided. Trustee Reid expressed disappointment because the Park District only wants playing fields. There are other recreational needs in the community. There were no comments from the public. The Public Hearing was continued until January 7, 1991. At this time Mr. Raysa's comments will be given. PUBLIC HEARING The Public Hearing for Abbott Contractors Annexation was called to order at 8:40 P.M. President Clayton read the Public Hearing Notice that was published in the Daily Herald on December 1, 1990. The developer, Dean W. Kelly, requested an extension in a letter dated December 12, 1990. The Public Hearing was continued until January 7, 1991. The ordinances will be considered on January 21, 1991. 8008 12/17/90 PUBLIC HEARING The Public Hearing on FY1991 Golf and Food Service Appropriations was called to order at 8:45 P.M. President Clayton read the Public Hearing Notice that was published in the Daily Herald on December 7, 1990. Mr. Brimm stated the public hearing is being held at this time in anticipation of the adoption of the ordinances approving the 1991 appropriations for both the Buffalo Grove Golf Club and Arboretum Golf Course Funds at the next regular Village Board meeting, January 7, 1991. The ordinances establish the maximum legal limit that can be expended within the funds. There were no comments from the Board or the audience. The Public Hearing was closed at 8:50 P.M. Elliott Hartstein, 908 Providence Lane, thanked the Board REFUSE for the discussion regarding refuse collection. He COLLECTION recommended getting as much information as possible from other Villages regarding the alternatives that are available before taking it to the community. Mr. Hartstein encouraged the Board to do whatever it can TOWN CENTER to enhance the Town Center. Current experience dictates that something should be done to draw people into the center. Before the Board moves forward on the PharMor proposal, or any other anchor operation, it would be wise to get as much input as possible from an outside independent source. Cost may even be shared by the developer who has a vested interest in the project. President Clayton thanked Mr. Hartstein and reminded him that at the time the TIF was approved, the Village was protected by the 10 year limitation on the bonds. Buffalo Grove is in no jeopardy at all. Sol Genualdi, 1115 Brandywyn, asked what the property at ROUTE 83 & Rt. 83, Busch Road and Buffalo Grove Road is going to be BUSCH ROAD used for? He recommended that the land be used for a library so that residents do not have to go to libraries in the surrounding towns. The projected population trends indicate we have more people than many neighboring communities. Another suggestion was a retirement home for the elderly. President Clayton informed Mr. Genualdi that libraries are located in districts. The Village Board agrees with the suggestion, but a permit must be obtained from the county. She suggested that he go to the Park District meeting, in progress, and directed him to the location. Mrs. Dawn Malloy, 33 Timberhill, is the representative of WIDENING OF a group of 21 residents who oppose the Lake Cook Road LAKE COOK ROAD expansion project. She inquired about where the issue stands procedurally and when the public hearings will be held because they want to provide some input. 8009 12/17/90 Mr. Balling responded that the Cook County Highway Department will probably schedule a hearing in late January or February. The Buffalo Grove Village Board will be considering a resolution on January 7, 1991. The Village has sponsored a planning study from Highway 294 to Rand, on Lake Cook Road. The recommendation is complex and the residents will be kept informed. He has already met with some of them. President Clayton encouraged Mrs. Malloy's group to be present at the public hearing because there will be a total display of the proposal and the comments of the residents will be very helpful to the Board. Trustees O'Malley, Marienthal and Mathias stated they are against the widening of Lake Cook Road, but there are some segments of the plan that are acceptable. Other communities are also going to be affected. Al Vermillio, 445 Chatham Circle, expressed his WAL MART disappointment that Wal Mart has chosen a Wheeling site because of all the detrimental effects it will have on Buffalo Grove. He encouraged the Board to grant variances and negotiate terms to get the project in Buffalo Grove. President Clayton explained the Consent Agenda, stating CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion. There were no such requests. Moved by Kahn, seconded by Reid, to approve Ordinance ORDINANCE #90-86, Amending Title 10 of the Code by adding a Stop #90-86 Sign at the intersection of Commerce Court and Busch (Title 10) Parkway. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn seconded by Reid, to approve Resolution RESOLUTION #90-51, Regarding Corporate Personal Property Replacement #90-51 Tax Distribution - 1990. Upon roll call, Trustees voted (Tax as follows: Distribution) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn seconded by Reid, to approve Resolution PAVEMENT CRACK #90-52, For Maintenance of Streets and Highways by a SEALING Municipality Under the Illinois Highway Code authorizing (Resolution the use of MFT funds for Pavement Crack Sealing. Upon #90-52) roll call, Trustees voted as follows: I I I i I i I j i I i i 8010 12/17/90 AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to approve Resolution RESOLUTION #90-53, Approving an Engineering Services Agreement #90-53 Related to Sidewalk, Bikeway and Turn Lane Improvements on (PACE Facility) Busch Parkway in the area of the PACE Park and Ride Facility at Commerce Court. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to approve Resolution RESOLUTION #90-54, Approving an Agreement with the Illinois #90-54 Department of Transportation related to Sidewalk, Bikeway (PACE Facility) and Turn Lane Improvements on Busch Parkway in the area of the PACE Park and Ride Facility. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to pass Resolution RESOLUTION #90-55, For Improvement by the Municipality Under the #90-55 Illinois Highway Code authorizing the use of MFT funds for (PACE Facility) Sidewalk, Bikeway and Turn Lane Improvements near the PACE Park and Ride. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to Approve the CHERBOURG Certificate of Final Acceptance and Approval - Cherbourg (Final Townhomes Unit 1. Upon roll call, Trustees voted as Acceptance and follows: Approval) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to approve SEIGLE'S the Certificate of Final Acceptance and Approval - (Final Seigle's Home Improvement Center. Upon roll call, Acceptance & Trustees voted as follows: Approval) 8011 12/17/90 AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to approve the AMBERLEIGH/ Certificate of Final Acceptance and Approval - HOFFMAN HOMES Amberleigh/Hoffman Homes Development. Upon roll call, (Final Trustees voted as follows: Acceptance & Approval) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to approve the GROVE TERRACE Certificate of Final Acceptance and Approval - Grove CONDOMINIUMS Terrace Condominiums. Upon roll call, Trustees voted as (Final follows: Acceptance & Approval) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to approve the Plat of COVINGTON Resubdivision - Covington Office Center. Upon roll call, OFFICE Trustees voted as follows: CENTER (Plat of AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Resubdivision) Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to Authorize the Bid - AUTHORIZE BID One-ton Dump Truck assigned to Golf Course Maintenance. (One-ton Dump Upon roll call, Trustees voted as follows: Truck) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Kahn, seconded by Reid, to accept the POLICE PENSION State of Illinois Department of Insurance Report of FUND Examination of the Buffalo Grove Police Pension Fund as of (Acceptance of April 30, 1989. Upon roll call, Trustees voted as Insurance follows: Report) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. 8012 12/17/90 Ordinance #90-87, Annexing the Otis West Triangle Parcel ORDINANCE to the Village of Buffalo grove. #90-87 (Otis West Mr. Balling described the parcel which is immediately west Triangle) of the LaSalle Bank property. A second annexation of the property south of Route 83 will occur in the future. Notice of the hearing was published December 7, 1990. Moved by O'Malley, seconded by Reid, to pass Ordinance #90-87. Trustee Mathias asked if the parcel is owned by one particular owner. Mr. Raysa responded "yes". The Title Owner of record is Palatine National Bank Trust #2288. It was sold in 1989. Owner unknown. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Mr. Brimm described the 5 opening bids that were received ORDINANCE regarding the refunding of the revenue bonds, series 1990. #90-88 the rate is very good. In 1984 corporate bonds were (Waterworks & originally marketed at 9. 12% and the refund rate today is Sewerage Bonds) just over 6.45%. Shortening the maturation date by 2-1/2 years, the savings will be about $285,000 and the present value savings in $357,000. The blanks on the ordinance and the escrow agreement were filled in. Final copies of these documents are being prepared. Kevin McKenna, Speer Financial, Inc. , confirmed the good timing of the sale. Standard & Poor's Corp. gave the Village's water system a double AA rating which is very good and will lower rates. Moved by Mathias, seconded by Reid, to pass Ordinance #90-88. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Mathias, seconded by Reid, to pass Ordinance ORDINANCE #90-89, Authorizing and Directing the Execution of the #90-89 Escrow Agreement. Upon roll call, Trustees voted as follows: (Escrow Agreement) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. 8013 12/17/90 Moved by Marienthal, seconded by Reid, to pass Ordinance RESOLUTION #90-56, Adopting the FY 1991 Program Budgets for the Food #90-56 Service Operations Fund. Upon roll call, Trustees voted (Golf Course as follows: Budget) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Marc Schwartz, Batler & Schwartz, asked the Board to TOWN CENTER strike the name PharMor from the plan to be discussed. They are seeking referral of a redevelopment in the concept of Phase II at the north end of the center with a large anchor tenant. There is no lease with PharMor, nor is there a specific tenant at this time. Tom Maskey, of Simon Associates, described the site plan. A shop design has been incorporated in front of the anchor building. The sidewalk will separate the two sections with a plaza concept. The plan proposes a 60,000 square foot anchor store. With a referral to the Plan Commission, it will be possible to make more direct conversation with possible tenants. Trustee Shifrin asked how an anchor store is going to bring traffic into the rest of the center? Mr. Maskey responded that customers driving through the center from Lake Cook Road or Jewel/Osco to the north end will see the other stores and this will direct them back when they want to shop for specific items. Some cross-shopping is to be expected. Trustee Reid suggested setting the building back from Route 83 and moving the 38 parking spaces forward. Trustee Marienthal agreed and suggested deletion of the shops so the building is closer to the green area. If shops are needed they could be moved to the north end. Trustee Kahn complemented the design but expressed doubt that it will draw customers into the center. He agreed that a heavily used anchor store is necessary and is not opposed to a PharMor. Trustee Mathias would not give final approval without knowing who the user would be. Mr. Schwartz did not object. It will be easier to market the space if plans show Village approval. Trustee O'Malley also wanted to have a specific tenant to consider. 8014 12/17/90 President Clayton recalled that Woodland Commons was approved without any anchor tenants. Trustee Shifrin was opposed to the proposal without specific evidence that there will be more aggressive marketing of the center. After further discussion, there was general agreement that a major change is necessary to generate traffic into Town Center. Moved by Reid, seconded by Kahn to refer the Town Center proposal to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn NAYES: 1 - Shifrin Motion declared carried. Sarah Nadelhoffer made the proposal to construct a HARRIS BANK full banking facility with drive-thru service on Woodland Commons Outlot A at Buffalo Grove Road and Route 22. The underlying zoning is B-3, controlled by a PUD agreement that Outlot A be reviewed by the Board. John Byrnes, Harris Bank official, introduced the project. John Vostal, architect, described the site plan and stated that the building design has not been completed. He presented photographs of similar colonial style buildings featuring the arch characteristic. Materials will be used that compliment the location. Trustee Shifrin refrained from commenting because of potential conflict of interest. Trustee Marienthal objected to a banking facility on the corner and favors a restaurant as planned. Moved by Reid, seconded by O'Malley, to refer the Harris Bank proposal to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 3 - Reid, Mathias, O'Malley NAYES: 1 - Marienthal ABSTAIN: 1 - Shifrin ABSENT: 1 - Kahn Motion declared carried. Moved by Mathias, seconded by O'Malley, to adjourn to EXECUTIVE Executive Meeting for discussion of Employment Matters, MEETING Litigation and Planned Acquisition. Upon roll call, Trustees voted as follows: 8015 12/17/90 AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. The Board moved to Executive Meeting at 10: 15 P.M. The Board reconvened at 11:30 P.M. Moved by Shifrin, seconded by Kahn, to file notice in LITIGATION appeal case involving unnamed plaintif vs. Village of Buffalo Grove with respect to the Golf Course North Property within the proper time frame. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Reid, seconded by O'Malley to adjourn the ADJOURNMENT meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:40 P.M. �&t7clJ2,j Shirley Bates tillage Clerk Pro tem APPROVED BY ME THIS Ta DAY OF 00,14.6 , 1991 ..Y / Vill ge Presidents V