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1991-01-07 - Village Board Regular Meeting - Minutes 8016 1/7/91 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JANUARY 7, 1991 President Clayton called the meeting to order at 7:32 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 Reid, Shifrin, Mathias, O'Malley and Kahn. Trustee Marienthal was absent. Also Present were: William Balling, Village Manager; WilliamRaysa, Village Attorney; Lee Szymborski, Assistant VillageManager; William Brimm, Finance Director; Phil Versten, Administrative Assistant; Richard Kuenkler, Village Engineer; Robert Pfeil, Village Planner; and Joseph Tenerelli, Village Treasurer. Moved by Reid, seconded by Mathias, to approve the minutes of the December 17, 1990 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Tenerelli read Warrant #684. Moved by Kahn, seconded WARRANT #684 by Reid, to approve Warrant #684 in the amount of $1,140,906. 14, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. President Clayton read Resolution #91-1, honoring the RESOLUTION #91-1 memory of former Village President Donald J. Thompson. (D.J. Thompson) Moved by Reid, seconded by O'Malley, to pass Resolution #91-1. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. A moment of silence was observed in honor of former President Thompson. 8017 1/7/91 PUBLIC HEARING - WESTCHESTER II ANNEXATION President Clayton noted that this is a continued Public Hearing originally held on December 17, 1990, at which time the Notice of Public Hearing published in the Daily Herald on December 1, 1990 was read. President Clayton called the Public Hearing back to order at 7:38 P.M. Mr. Pfeil's memo to Mr. Balling of January 4, 1991 details this subject. President Clayton asked if there were any comments to be heard at this Public Hearing. Trustee Reid commented that the Park District cannot limit their acceptance of land to only that which is ready for active use. At 7:41 P.M. , President Clayton continued the Public Hearing until January 21, 1991. PUBLIC HEARING - ABBOTT CONTRACTORS ANNEXATION President Clayton noted that this is a continued Public Hearing originally held on December 17, 1990, at which time the Notice of Public Hearing published in the Daily Herald on December 1, 1990 was read. President Clayton noted the purpose of the Public Hearing. President Clayton opened the Public Hearing at 7:44 P.M. President Clayton swore in Michael P. Vondra, Abbott Contractors; David Swanson, Illinois Bell Telephone; George Maurides, Attorney; Dean Kelley, Abbott Land & Investment; and Carl Kupper, Spaceco, Inc. , to give testimony at this Public Hearing. Details of this proposal are contained in Mr. Pfeil's memo to Mr. Balling of January 4, 1991. Mr. Maurides made a presentation to the Board, referring to Exhibit A, site Plan dated 12/19/90, and Exhibit C. Mr. Vondra made a presentation to the Board, referring to Exhibit E, elevations, and Exhibit D, photographs. President Clayton asked if there were any agencies wishing to comment. Dr. McGee, School District 102, stated that the district wholeheartedly supports this proposal, and noted that the developer has been very cooperative in working with the district. President Clayton asked if there were any comments from the public. Marc Schwartz, attorney for the Concrete Doctor, owners of the property immediately contiguous to the east and northeast, noted concerns of his client. 8018 1/7/91 Mr. Balling responded to Mr. Schwartz's concerns and explained the proposed road system. Mr. Vondra stated that they had gone on record making an offer to the Concrete Doctor to become part of the development and to become part of the development and to become part of the cul-de-sac road, and they copied that offer to the Village staff. Mr. Schwartz stated that they are not suggesting that Mr. Maurides' or Mr. Vondra's comments are not accurate. Lengthy discussion took place regarding possible solutions for this situation. President Clayton noted that, although the ordinances will not be on theagenda until January 21, 1991, in order to be fair to everyone involved, she will do a polling of the Board. Mr. Raysa noted that the polling will be on Section E. on page 14 of that certain Annexation Agreement entitled Weiland Road Industrial Park, Abbott Contractors dated 1/4/91. "YES" indicates favor of Section E. as presented; "NO" indicates opposition: YES: Reid, O'Malley NO: Shifrin, Mathias, Kahn ABSENT: Marienthal Trustee Shifrin stated that, before the next meeting, the parties involved should sit down and get this situation resolved. The developer stated that they would like staff to be a part of this discussion. President Clayton asked if there were any other comments from the public; there were none. At 8:50 P.M. , President Clayton continued the Public Hearing until January 21, 1991. President Clayton asked if there were any questions from QUESTIONS FROM THE the audience; there were none. AUDIENCE President Clayton explained the Consent Agenda, stating CONSENT AGENDA that anyone from the audience or the Board could request that an item be removed from the Consent Agenda for full discussion. It was requested that Item XI. ,C. be removed from the Consent Agenda. Moved by Reid, seconded by Mathias, to pass Ordinance ORDINANCE #91-1 #91-1, Establishing Authorizing Appropriations for the (Golf Course Village of Buffalo Grove Golf Club and Arboretum Golf Appropriations) Course Funds for the period January 1, 1991 through December 31, 1991. Upon roll call, Trustees voted as follows: 8019 1/7/91 AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to pass Ordinance ORDINANCE #91-2 #91-2, Establishing Authorizing Appropriations for the (Food Service Village of Buffalo Grove Food Service Operations Funds for Appropriations) the period January 1, 1991 through December 31, 1991. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to pass Ordinance ORDINANCE #91-3 #91-3, Granting a Variance form Section 14.20.030 of the (Sign Code Village Sign Code to allow an additional Wall sign for Que Variance) Pasa Restaurant. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid seconded by Mathias, to pass Resolution RESOLUTION#91-2 #91-2, Encouraging the Governor and State Legislature to (State Income permanently adopt the increase to the State Income Tax Tax) previously approved as a temporary surcharge and that the proceeds continue to be shared equally by local governments and School Districts. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to accept the AMOCO Appearance Commission Approval: Amoco Station, IL 83 and (Aesthetics) Buffalo Grove Road - Renovation. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to accept the DUTCH MAID Appearance Commission Approval: Dutch Maid Cleaners, 400 CLEANERS W. Dundee Road - Wall Sign. Upon roll call, Trustees (Aesthetics) voted as follows: 8020 1/7/91 AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to accept the BARRY'S RIBS & Appearance Commission Approval: Barry's Ribs and More - MORE Wall Sign. Upon roll call, Trustees voted as follows: (Aesthetics) AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to accept the GOVERNOR'S COMMONS Appearance Commission Approval: Governors Commons, 1111 (Aesthetics) Lake Cook Road/Omni Youth Services - Signage. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to accept the VANNY'S CAFES Appearance Commission Approval: Vanny's Cafe (Ritzy's (Aesthetics) Cafe) , Chase Plaza - Signage Change. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Reid, seconded by Mathias, to accept the CANTERBURY FIELDS Appearance Commission Approval: Canterbury (Aesthetics) Fields/Dartmoor Homes - Temporary Sales Center. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by O'Malley, seconded by Reid, to defer WESTCHESTER ESTATES consideration of an ordinance approving an Annexation PHASE II Agreement for Westchester Estates Phase II/Scarsdale Development. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. i i li i 8021 1/7/91 Moved by Mathias, seconded by Kahn, to defer consideration WESTCHESTER ESTATES of an ordinance avnnexing the Westchester Phase II Property PHASE II to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Mathias, seconded by Kahn, to defer consideration WESTCHESTER ESTATES of an ordinance amending the Comprehensive Zoning PHASE II Ordinance of the Village of Buffalo Grove as it relates to Westchester Estates Phase II. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. President Clayton explained the proposed ordinance, ORDINANCE #91-4 stating that the Board has evaluated Mr. Ballings (Village Manager's performance for the past year, and has found it to be Compensation) exceptional. Moved by Reid, seconded by Mathias, to pass Ordinance #91-4, establishing the annual salary for the Village Manager. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Balling thanked the Board for the monetary consideration, and stated that it is an honor and a priviledge to work with them. Moved by Mathias, seconded by Shifrin, to pass Resolution RESOLUTION #91-3 #91-3, approving conveyance of Bicentennial Park to the (Bicentennial Park) Buffalo Grove Park District, details of which are contained in Mr. Pfeil's memo to Mr. Balling of January 3, 1991. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. President Clayton stated that Item XIV. E. would be handled now. 8022 1/7/91 Moved by Mathias, seconded by Kahn, to accept Trustee's WOODLANDS OUTLOTS Deeds for Outlots 14A and 14B in the Woodlands at Fiore 14A & 14B Unit 14. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Mathias, seconded by Kahn, to pass Resolution RESOLUTION #91-4 #91-4, approving conveyance of Outlot 15B in the Woodlands (Woodlands) at Fiore Unit 14 to the Buffalo Grove Park District, details of which are contained in Mr. Pfeil's memo to Mr. Balling of January 3, 1991. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Lance Mided, Action Kids Day Care Center, made a ACTION KIDS, LTD presentation to the Board, details of which are contained DAY CARE CENTER in Mr. Pfeil's memo to Mr. Balling of January 3, 1991. Moved by Shifrin, seconded by O'Malley, to refer the Action Kids, Ltd. Day Care proposal to the Plan Commission for appropriate review. Trustee Mathias stated that he would like some sort of study of the traffic of this area, since he is concerned with the safety of the children. Trustee O'Malley agreed with regard to the traffic, and he would like the Plan Commission to look closely at this in-line center. Trustee Reid agreed with Plan Commission referral, he asked questions regarding the back door into the center and the playground area, which were answered by Mr. Mided. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn 'll l NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Bruce Bingham, Hamilton Partners, made a presentation to ANGUS CHEMICAL the Board, details of which are contained in Mr. Pfeil's (Chevy Chase memo to Mr. Balling of January 4, 1991. Business Park) Mike Rolfs, Hamilton Partners, also spoke to the Board, referring to the site plan. 8023 1/7/91 Mr. Bingham stated that they are seeking referral to the Plan Commission, and to later come back before the Board for formal approval. Trustee Shifrin asked exactly what type of chemicals Angus Chemical manufactures, Mr. Rolfs stated that Angus manufactures intermediate chemicals. Trustee Shifrin stated that, when and if Angus Chemicals does make a presentation before the Plan Commission, they will provide detailed information with respect to their maintenance and dispersal of toxic materials, and how they plan on utilizing this facility to the extent of volumes, etc. Trustee O'Malley stated that staff should review the presentation report to make sure there will be no harm not only to the building but to the adjacent areas. Moved by O'Malley, seconded by Reid, to refer Angus Chemical/Chevy Chase Business Park to the Plan Commission for review. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. James Lennon, Continental Cablevision, introduced CONTINENTAL CABLE- himself and John Hartinger and Rhonda Christensen to the VISION Board. (Construction deadline) Mr. Lennon explained the request of Continental Cablevision regarding the extension concerning the laying of cable in certain areas of Buffalo Grove. Details of this request are outlined in Mr. Versten's memo to Mr. Szymborski of January 4, 1991, as well as Mr. Raysa's opinion stated in his letter to Mr. Szymborski of January 7, 1991. Mr. Hartinger explained the utility problems that are created due to the lack of homes being built, he distributed maps of Canterbury Fields and Woodlands Unit #15 subdivisions, which showed lots under construction, lots occupied, and lots which did already have cable. Mr. Hartinger explained the plan for laying the cables, and explained the difficulty in laying the cable at this time. Mr. Versten reviewed his recommendation as outlined in his memo of January 4, 1991. Richard Ward, Canterbury Fields homeowner, explained his 8024 1/7/91 dealings with Continental Cablevision, and stated that he believes that any extension is unwarranted. Moved by Mathias, seconded by Kahn, to extend the time period for installation of cable in Canterbury Fields to May 24, 1991 on the condition that any existing, occupied, homes be serviced within 30 days of today's date, any future home that is occupied within 30 days of occupancy (maximum date being May 24, 1991) and the waiver of any fine as to that subdivision. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Shifirn, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Mathias, seconded by O'Malley, to extend the period of time in Woodlands Unit #15 north of Whispering Oaks Drive except for those lots on Buckthorn Drive, Misty Woods Road, Pinyon Pine Court South and the lots south of Park Avenue along the southern lot line and east of Whispering Oaks Drive, as shown on Exhibit A distributed this evening, to April 7, 1991 and extending south of the line to May 24, 1991 (yellow markings) . AYES: 4 - Shifrin, Mathias, O'Malley, Kahn NAYES: 1 - Reid ABSENT: 1 - Marienthal Motion declared carried. Moved by Kahn, seconded by Mathias, to authorize bid for MOSQUITO ABATEMENT Mosquito Abatement Program, details of which are contained PROGRAM BID in Mr. Sheehan's memo to Mr. Balling of December 31, 1990. Upon voice vote, the motion was unanimously declared carried. Trustee Mathias requested that this be removed from the ORDINANCE #91-5 Consent Agenda so that he could have an explanation of the (Public Passenger reason for the increase; he also asked that staff review Vehicle Rates) whether it is possible to use this increase in conjunction with requesting that the taxicab companies also provide an additional subsidy to the senior citizens. Randy Moss, president of American Taxi Dispatch, responded to Trustee Mathias' request, explaining the rates in adjacent communities, as well as the costs involved in operating a taxi; he stated that it is not feasible for the drivers to subsidize the senior citizens. Moved by O'Malley, seconded by Reid, to pass Ordinance #91-5, an Ordinance amending Section 5.28. 190 of Title 5 of the Village of Buffalo Grove Municipal Code, details of which are are contained in Mr. Versten's memo to Mr. 8025 1/7/91 Szymborski of January 3, 1991. Upon roll call, Trustee voted as follows: AYES: 4 - Reid, Shifrin, O'Malley, Kahn NAYES: 1 - Mathias ABSENT: 1 - Marienthal Motion declared carried. Mr. Ballingstated that there will be a WorkshopMeetingWORKSHOP MEETING on Monday, January 14, 1991. Moved by Mathias, seconded by Reid, to adjourn the ADJOURNMENT meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:28 P.M. JaneSirabian, Village Clerk APPROVED BY ME THIS W DAY OF 1991. Village President