1991-02-04 - Village Board Regular Meeting - Minutes 8036
2/4/91
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, FEBRUARY 4, 1991
President Clayton called the meeting to order at 7:33 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, Shifrin, Mathias, and
O'Malley. Trustee Kahn arrived at 8:20 P.M. Trustee
Reid arrived at 8:30 P.M.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; Lee Szymborski, Assistant
Village Manager; William Brimm, Finance Director; Phil
Versten, Administrative Assistant; Raymond Rigsby,
Superintendent of Public Works; Robert Pfeil, Village
Planner; and Joseph Tenerelli, Village Treasurer.
Moved by Mathias, seconded by Marienthal, to approve the APPROVAL OF MINUTES
minutes of the January 14, 1991 Special Meeting. Upon
roll call, Trustees voted as follows:
AYES: 3 - Marienthal, Mathias, O'Malley
NAYES: 0 - None
ABSTAIN: 1 - Shifrin
ABSENT: 2 - Reid, Kahn
Motion declared carried.
Moved by Mathias, seconded by Marienthal, to approve the APPROVAL OF MINUTES
minutes of the January 21, 1991 Regular Meeting. Upon
roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Reid, Kahn
Motion declared carried.
Mr. Tenerelli read Warrant #686. Moved by Marienthal, WARRANT #686
seconded by Mathias, to approve Warrant #686 in the amount
of $578,320.82, authorizing payment of bills listed. Upon
roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Reid, Kahn
Motion declared carried
President Clayton made appointments to the 1991 Buffalo B.G. DAYS
Grove Days Committee, as outlined in her memo to the Board COMMITTEE
of January 31, 1991. APPOINTMENTS
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Moved by Marienthal, seconded by Mathias, to concur with
President Clayton's appointments. Upon roll call,
Trustees voted as follows:
AYES: 4 - Marienthal, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Reid, Kahn
Motion declared carried.
Cheryl Winstead and David Rubinstein, Co-Chairs of the
Buffalo Grove Days, were in the audience, and President
Clayton thanked them for the wonderful job they did last
year, and stated that the Village looks forward to a fine
celebration again this year.
Janet Sirabian explained the campaign to have everyone in RESOLUTION #91-9
the Village display American Flags and yellow ribbons in (B.G. Residents
support of America's Armed Forces in the Middle East. in the Middle East)
Bill Dinick of Bill's Grove Florest distributed yellow
ribbons to the Board, and stated that his business will
give free yellow ribbons to anyone who requests them through
the end of February.
Janet Sirabian reported on the "Tribute Board" that will
be displayed in the lobby of the Village Hall to honor
those Buffalo Grove residents serving in the Middle East,
after which she read the proposed resolution.
Moved by Marienthal, seconded by Mathias, to pass
Resolution #91-9, in support of America's Armed Forces in
the Middle East. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, *Reid, Shifrin, Mathias, O'Malley
*Kahn
NAYES: 0 - None
Motion declared carried.
*The motion was reconsidered at the end of the meeting to
allow Trustees Reid and Kahn to vote on it when they
arrived.
Trustee Marienthal reported on the public meeting held LAKE COOK &
last week in reference to the grade separation at Lake MILWAUKEE AVENUE
Cook and Milwaukee Avenue. SEPARATION
Trustee Marienthal asked that a fire impact fee be made TITLE 19
part of Title 19; he also asked that the Board give
reconsideration to reinstating the Library Donation under
Title 19, with those funds being exclusively used for,
hopefully, a facility in this community.
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2/4/91
Trustee Marienthal stated that there is a streetlight out STREETLIGHT
at Brandywyn and Prairie and would like staff to
investigate same.
Trustee Mathias stated concerns of residents with rush TRAFFIC STUDY
hour traffic going through the subdivision down Armstrong (Armstrong Drive)
Drive, and he asked staff to do a study of the traffic
Sr/ flow on Armstrong.
Mr. Balling stated that a second public information PUBLIC INFORMATION
meeting is scheduled for Wednesday, February 6, 1991, 7:30 MEETING
P.M. at Aptakisic Jr. High gymnasium, to discuss the new
water conservation standards being proposed, as well as
the yard waste collection program, and the Solid Waste
Agency of Northern Cook County.
PUBLIC HEARING - WESTCHESTER PHASE II ANNEXATION
President Clayton noted that this Public Hearing is continued from
January 21, 1991, and that Notice of Public Hearing was published in
the Daily Herald on December 1, 1990. President Clayton noted that
the Notice of Public Hearing was already read, but, for the record
she read the Common Description of the property. Details of this
Public Hearing are contained in Mr. Pfeil's memo to Mr. Balling of
January 31, 1991.
President Clayton called the Public Hearing back to order at 7:48 P.M.
President clayton asked if there were any questions or comments from
the audience or the Board; there were none.
At 7:50 P.M. , President Clayton continued the Public Hearing until
later in the meeting.
PUBLIC HEARING - DEERFIELD BAKERY ANNEXATION
President Clayton called the Public Hearing to order at 7:52 P.M.
President Clayton read the Notice of Public Hearing that appeared in
the Daily Herald on January 19, 1991. President Clayton then noted
the purpose of the Public Hearing.
President Clayton swore in the following people to give testimony:
Bill J. Aumiller and Charles Bennett, Aumiller Youngquist Architecture;
Ruth Ann Buckley, Landscape Designer; and Marc Schwartz, Attorney.
f �
Mr. Schwartz made a presentation to the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of February 1, 1991.
Mr. Bennett then made a presentation to the Board, referring to Exhibits
identified later on in this presentation.
F Ruth Anne Buckley, made a presentation with regard to the landscape design.
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President Clayton asked if there were any agencies, governmental units,
Villages or Park Districts who wished to give testimony; there were none.
Trustee Shifrin stated that he thinks this is a beautiful facility, and he
hopes that the retail developer of the center will use this as an impetus
to go out and get some compatible tenants to go with the new facility.
In answer to a question from Trustee Marienthal, Mr. Rigsby stated that
he has not had an opportunity to review the amended plan; Mr. Rigsby will
get back to the Board at a later date with his recommendations.
Plan Commission Chairman Sheldon stated that the developer has made
substantial changes, and this is a vastly improved plan from what was
originally submitted.
Trustee Marienthal complimented the developer on the job done with this
facility and stated that he believes it will be an assist to the community.
President Clayton asked if there were any comments from the public; there
were none.
Mr. Schwartz clarified Paragraph 25. C. with regard to sales tax, and he
wants to make sure that the language in the Annexation Agreement doesn't
create a scenario where they are obligated to do something they cannot do
by law.
President Clayton stated that the Village wants to be sure that the sales
L• tax from that facility is credited to Buffalo Grove.
With regard to Paragraph 25. G. , Mr. Schwartz stated that they would like
to provide one access point, but would give the easement for both access
points and the Village could determine, at a later date, as the property
to the south developes, which would be the better access point. Mr.
Balling stated that Mr. Schwartz's comments are correct, and the language
will be corrected in the final draft.
Trustee Kahn arrived at this tim;e.
Mr. Schwartz stated that they are providing the right-of-way at the access
point immediately to the west, i.e. some land for roadway is being dedicated
for a right-turn lane onto Checker Road extended; in addition, due to the
unique structure of the Town Center, there has been a maintenance agreement
as it relates to Checker Road extended. These two items will cause an
additional financial burden on the developer, and they are asking that the
Village consider some sort of recapture.
Mr. Schwartz then addressed the fire protection impact fee, which is placing
a serious cash demand on the project, which is one of the reasons they are
seeking some sort of shared participatory relief from the other parcels that
will benefit.
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2/4/91
Mr. Balling stated that the Board should be guided by the future land use
to the south before they make an absolute commitment; right now there is the
possibility of that being a senior center. Mr. Schwartz stated that, if the
land use is a commercial use that will benefit from the improvements, they are
asking that the Village assist in some sort of shared maintenance.
President Clayton polled the Board: "YES" indicates favor of the request
`./ made by the developer for a shared maintenance on the road if the property
to the south is developed commercially; "NO" indicates opposition:
YES: Marienthal, Shifrin, Mathias, O'Malley
NO: None
ABSTAIN: Kahn
ABSENT: Reid
President Clayton again polled the Board: "YES" indicates favor of
Paragraph 25. E. in the draft Annexation Agreement dated 1/31/91 as it is
written; "NO" indicates opposition, which goes along with the request of
the developer:
YES: Marienthal, Shifrin, Mathias, O'Malley
NO: Shifrin, Kahn
ABSENT: Reid
Mr. Bennett then identified the Exhibits:
Exhibit A-1 - Area Plan - 12/19/90
Exhibit B-1 - Site Plan - 2/4/90, Revised Site Plan
Exhibit C-1 - North and West Building Elevations - 12/19/90
Exhibit D-1 - East and Southern Building Elevations - 12/19/90
Revised 2/4/91
Exhibit A - Plat of Annexation - 2/4/91
Exhibit B - Revised Site Plan - 2/4/91
Exhibit C - North and West Building Elevations w/ signage details - 2/4/91
Exhibit D - Revised South and East Building Elevations - 2/4/91
Exhibit E - Original Landscape Plan - 2/4/91
Exhibit F - Civil Engineering Plan - 2/4/91
Exhibit G - Alternate Landscaping Plan Per Melvin Simon and Ray Rigsby
dated 2/4/91
Trustee Reid arrived at this time.
President Clayton asked if there were any other comments from anyone;
there were none.
At 8:30 P.M. , President Clayton contained the Public Hearing until
Tuesday, February 19, 1991.
PUBLIC HEARING - ABBOTT CONSTRUCTION
President Clayton noted that this Public Hearing is continued from
�... January 21, 1991. Notice of Public Hearing was published in the
Daily Herald on December 1, 1990; she then read the common description
from the Notice of Public Hearing.
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2/4/91
President Clayton called the Public Hearing to order at 8:31 P.M.
;_,,, The petitioner asked if the Public Hearing could be continued until later
in the meeting when their attorney arrives. President Clayton stated
that she would continue the Public Hearing.
Barbara Baran, attorney for the Schwinds identified SCHWIND PROPERTY
herself and asked to be able to speak when this item comes
up on the agenda.
Audrey Freedlund asked if there is any update on the Lake LAKE COOK OVERPASS
Cook overpass; Mr. Balling responded.
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 Marienthal, seconded by Kahn, to approve the WOODLANDS AT FIORE
Certificate of Final Acceptance and Approval - Woodlands UNITS 7,8,9, & 12
at Fiore Units 7,8,9,and 12. The Village Engineer (Certificate of
recommends approval. Upon roll call, Trustees voted as Final Acceptance)
follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
L.... Motion declared carried.
Moved by Marienthal, seconded by Kahn, to approve the MICHAEL REESE
Plats of Subdivision and Easement and Development FACILITY
Improvement Agreement - Town Center Unit 4/Michael Reese (Plats of Easement
Facility. The Village Engineer recommends approval. Upon & Subdivision & DIA)
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
President Clayton re-opened the Public Hearing on ORDINANCE #91-6
Westchester Estates Phase II at 8:34 P.M. (Westchester Estates
II Annexation
Moved by O'Malley, seconded by Reid, to pass Ordinance Agreement)
#91-6, approving an Annexation Agreement - Westchester
Estates Phase II. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias*,
NAYES: 0 - None
Motion declared carried.
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*Trustee Mathias stated that, although he has recently
purchased a home from this developer, he has reviewed the
documents and believes that he can make an impartial vote
with regard to this development.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-7
#91-7, annexing the Westchester Estates Phase II property (Annexing West-
to the Village of Buffalo Grove. Upon roll call, Trustees chester Estates II)
voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-8
#91-8, amending the Comprehensive Zoning Ordinance of the (Westchester
Village as it concerns Westchester Estates Phase II. Upon Estates II Zoning
roll call, Trustees voted as follows: Ordinance)
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
President Clayton closed the Westchester Estates Phase II
Public Hearing at 8:35 P.M.
Moved by O'Malley, seconded by Mathias, to pass Ordinance ORDINANCE #91-9
#91-9, approving a Special Use for an In-Home Child Day (In-home Child
Care at 730 MacArthur Lane, details of which are contained Care)
in Mr. Pfeil's memo to Mr. Balling of January 31, 1991.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Moved by O'Malley, seconded by Mathias, to pass Ordinance ORDINANCE #91-10
#91-10, approving a Special Use for an In-home Child Day (In-home Child Day
Care at 605 Patton Drive, details of which are contained Care)
in Mr. Pfeil's memo to Mr. Balling of January 31, 1991 .
Upon roll call, Trustees voted as follows:
i
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Moved by O'Malley, seconded by Reid, to pass Resolution RESOLUTION #91-10
#91-10, concerning the construction and maintenance of a (Traffic Signal)
traffic signal at Dundee Road and Lake Boulevard/
Huntington Lane, details of which are contained
8043
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in Mr. Boysen's memo to Mr. Balling of January 16, 1991.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
flool
President Clayton read the Public Notice published in the ORDINANCE #91-11
Daily Herald on January 25, 1991. (Annexing
Territory)
Moved by Kahn, seconded by Mathias, to pass Ordinance
#91-11, An Ordinance Annexing Certain Territory to the
Village of Buffalo Grove, Illinois.
Barbara Baran, representing the owners of the property
(Schwind) , made a presentation to the Board asking that
the Board follow the same law that Buffalo Grove made in
The People in re the Village of Buffalo Grove versus the
Village of Long Grove, the reasons being:
The issue before the Board of whether to involuntarily annex
the property is solely a legal one. The Village of Buffalo
Grove filed a notice of involuntarily annexation at the end
of December; seeing that, the Schwinds then filed a petition
for voluntary annexation with the Village of Wheeling. Ms.
Baran then read from the above mentioned legal case.
Trustee Mathias stated that the Board needs to get a legal
opinion from the Village Attorney, and if there is no
legal basis for doing anything in court, then there would
be no suit. However, he believes that the Village
Attorney needs to give a legal opinion as to where Buffalo
Grove stands on this issue, at which time it can be
determined whether court action is or is not necessary.
The Village has an opportunity tonight to annex the
property, which he believes is the first step to be taken
by Buffalo Grove to protect it's residents. Trustee Mathias
stated that the Village of Wheeling asked Buffalo Grove
residents to trust them, and the Buffalo Grove residents
left the meeting believing that the Village of Wheeling had
heard their concerns, and then the Wheeling Village Board
changed their vote after the residents had left.
Trustee Shifrin stated that the Village of Buffalo Grove
will give due consideration to all of the factors,
including the Schwinds, as well as that of Buffalo Grove
Residents, when the final decision is made.
Trustee O'Malley stated that the Board wishes to maintain
good relationships with all of its neighbors, but he is
disappointed that the Village of Wheeling mis-used the
6.. desire for good relationships when a vote was taken after
interested parties had left the meeting; he believes that
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there is merit in what the Village of Buffalo Grove is doing,
and he strongly supports this action; the Village of Buffalo
Grove still wants to work with the Village of Wheeling.
Trustee Marienthal stated that he agrees with all comments
that have been made, and the thought that has to be
foremost is that the Village of Buffalo Grove has to
protect the quality of life and property values of its
residents.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
President Clayton read the Public Notice which was ORDINANCE #91-12
published in the Daily Herald on January 25, 1991.
Moved by Mathias, seconded by O'Malley, to pass Ordinance
#91-12, An Ordinance Annexing Certain Territory to the
Village of Buffalo Grove, Illinois.
Mr. Balling gave a common description of the property.
Upon roll call, Trustees voted as follows:
imm AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
PUBLIC HEARING - ABBOTT CONSTRUCTION ANNEXATION
President Clayton re-opened the Public Hearing on the Abbott Construction
annexation also continued from January 21, 1991 at 9:08 P.M.
The Notice of Public Hearing was published in the Daily Herald on December
1, 1990; President Clayton read the common description from the Notice of
Public Hearing; details of this Public Hearing are contained in Mr. Pfeil's
memo to Mr. Balling of February 1, 1991.
The attorney for the developer reviewed the concern regarding the road
system and access to the property to the east and west; he referred to
page 15 of the Annexation Agreement; he noted a typo which refers to
Paragraph 27. E. instead of Paragraph 27.F. ; the document referred to
by the attorney is Exhibit G (AA) , dated 2/4/91.
Mr. Balling made one additional clarification on Page 16. , Paragraph E. ;
it is contemplated that Abbott will build extension B when certain things
occur on the Weiner property.
In answer to a question from Trustee Shifrin, Mr. Schwartz stated that he
and his client have reviewed the document and it is satisfactory to them.
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President Clayton asked if there were any comments from the public or the
Board; there were none.
Mr. Raysa clarified that, in Exhibit G (AA) , for the future, the pink color
signifies nothing.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-13
#91-13, approving an Annexation Agreement - Weiland Road (Abbott
Industrial Park (Abbott Contractors/Illinois Bell) . Upon Contractors/IL Bell
roll call, Trustees voted as follows: Annexation
Agreement)
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-14
#91-14, annexing the Abbott Contractors property to the (Abbott
Village of Buffalo Grove. Upon roll call, Trustees voted Contractors/IL Bell
as follows: Annexation)
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-15
#91-15, amending the Comprehensive Zoning Ordinance of the (Abbott
Village as it concerns the Abbott Contractors Property. Contractors/IL Bell
Upon roll call, Trustees voted as follows: Zoning)
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Richard Levy, attorney representing the Jewish Council for JEWISH COUNCIL FOR
Youth Services, made a presentation to the Baord, details YOUTH SERVICES
of which are contained in Mr. Pfeil's memo to Mr. Balling
of January 31, 1991.
Elaine Finnegan, Director of Professional Services, made a
presentation to the Board, with regard to the Council and
the proposed use of the property.
Trustee Mathias brought up the contiguity issue.
Trustee Reid stated concerns for traffic (drop-offs and
pick-ups) , as well as the parking situation, particularly
during special events.
Trustee Shifrin is also concerned with the traffic in and
out during the day.
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Trustee Marienthal stated that Aptakisic Road is not what
is going to be in the future, and he questions the safety
aspect of this type of road in that close proximity to the
road; he suggested that they talk to the neighbors to the
north;he also suggested talking to the Pet Motel with
regard to ingress/egress.
Plan Commissioner Chairman Sheldon asked if the developer
had looked at other sites in the village; Mr. Steinberg
stated that they had, but that, for various reasons, this
site is the best.
President Clayton polled the Board: "YES" indicates favor
of the day-care center pursuing a petition, "NO" indicates
opposition:
Marienthal - No, until he knows what the traffic will be
like
Reid - No, until he can see a revised plan
Shifrin - Yes as to use
Mathias - Yes as to use, but he thinks it may be more
appropriate to have another pre-application
conference to see if the parking can be resolved.
O'Malley - Yes as to use, No as to plan
Kahn - Yes as to use, No as to plan
President Clayton stated that the Board does wish the
developer to pursue application, but they would like to
see another pre-application conference.
Moved by Kahn, seconded by Reid, to approve Appearance ILLINOIS BELL
Commission recommendation regarding the Illinois Bell FACILITY
Facility, both for architecture/materials and (Aesthetics)
landscaping/lighting, as outlined in Mr. Matt's letter to
Mr. Balling of January 29, 1991. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Kahn, to authorize POLICE VEHICLES
purchase of five Police vehicles (State of Illinois (Authorize
Contract) , as detailed in Mr. Rigsby's memo to Mr. Balling purchase)
of January 29, 1991 for an amount not to exceed
$61,239.60. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
Motion declared carried.
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Moved by Kahn, seconded by Mathias, to move to Executive EXECUTIVE MEETING
Meeting to discuss Litigation. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley,
Kahn
NAYES: 0 - None
1./ Motion declared carried.
Moved by Marienthal, seconded by Reid, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 9:34 P.M.
V� .i.StYlcJaneSirabian, Villa e Clerk
et.n4ig
APPROVED BY ME THIS I9
DAY OF adtUnisb , 1991.
'1r Z
Village President /at::
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