1991-02-19 - Village Board Special Meeting - Minutes 8048
2/19/91
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
• GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL FEBRUARY 19, 1991
President Clayton called the meeting to order at 7:34 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, Mathias, O'Malley and
Kahn. Trustee Shifrin was absent.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; Lee Szymborski, Assistant
Village Manager; William Brimm, Finance Director; Frank
Hruby, Director of Building & Zoning; Robert Pfeil,
Village Planner; Gregory Boysen, Director of Public Works;
and Brian Sheehan, Health Officer.
Moved by Marienthal, seconded by Kahn, to approve the APPROVAL OF MINUTES
minutes of the February 4, 1991 meeting. Upon roll call,
Trustees voted as follows:
AYES: 3 - Marienthal, Mathias, O'Malley
NAYES: 0 - None
ABSTAIN: 2 - Reid, Kahn
..� ABSENT: 1 - Shifrin
Motion declared carried.
Mr. Brimm read Warrant #687. Moved by Reid, seconded by WARRANT #687
Marienthal, to approve Warrant #687 in the amount of
$989,607.69, authorizing payment of bills listed. Upon
roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Trustee Marienthal stated that he had asked for an update TOWN CENTER UPDATE
from Melvin Simon & Associates on securing an anchor for
the Town Center, and the Village has not heard anything
to date. Mr. Balling responded to Trustee Marienthal.
Trustee Mathias wanted to be sure that all candidates for POLITICAL SIGNS
the upcoming Municipal Election are aware of the Sign
Ordinance restrictions.
Trustee Mathias asked for an accounting on how many hours ELECTORAL BOARD
and how much money was expended on the Electoral Board
hearing.
8049
2/19/91
Trustee O'Malley questioned the status of the possibility ECONOMIC DEVELOPMENT
of forming an Economic Development Commission. Mr. COMMISSION
Balling responded to Trustee O'Malley.
Trustee O'Malley brought up the possibility of scheduling PUBLIC FORUMS
forums periodically throughout the community, and asked
for a report back on same.
Trustee Reid commented to staff that he is delighted to VILLAGE SIGN
see the Village Sign working again.
Mr. Balling noted the submittal of the Management Report MANAGEMENT REPORT
for January, 1991; there were no questions on same.
PUBLIC HEARING - DEERFIELD BAKERY ANNEXATION
President Clayton read the Notice of Public Hearing that appeared in the
Daily Herald on January 19, 1991. President Clayton stated that tonight's
Public Hearing is continued from February 4, 1991.
President Clayton re-opened the Public Hearing at 7:50 P.M. , and stated the
purpose of the Public Hearing.
Mr. Pfeil's memo to Mr. Balling of February 14, 1991 contains the details
pertaining to this Public Hearing.
President Clayton swore in Marc Schwartz and Kurt Schmidt to give testimony
at this Public Hearing.
Mr. Schwartz stated that the changes made to the Annexation Agreement have
been reviewed, and are acceptable to the developer.
Mr. Raysa stated that the draft being considered is dated 2/19/91 entitled
Deerfield Bakery Annexation Agreement.
President Clayton asked if there were any questions or comments from the
Board, agencies, or the public wishing to give testimony; there were none.
At 7:53 P.M. , President Clayton continued the Public Hearing until later in
this meeting when the ordinances are considered.
PUBLIC HEARING - NEW LIFE LUTHERAN CHURCH ANNEXATION
President Clayton read the Notice of Public Hearing which was published in
the Daily Herald on February 4, 1991.
President Clayton swore in the following persons to give testimony: Jerome
Pinderski, Jr, Attorney; Pastor Chris Cordes; Tim Blatner, Architect; Joe
Hoenen, Civil Engineer; Charles Stewart, Landscape Consultant.
Mr. Pinderski made a presentation regarding the proposed development in the
Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of
February 15, 1991; he distributed a Phasing Schedule to the Board.
Mr. Blatner reviewed the Site Plan (Exhibit 1) , and reviewed the proposed
phasing.
8050
2/19/91
Mr. Pinderski reviewed an artist's rendering (Exhibit 2) of the actual
parsonage; at this time, they are only seeking approval for Phase I, the
`. parsonage.
Pastor Cordes presented a background of the church.
Mr. Pinderski stated that they have done a great deal of work with the Village
Engineer, who has approved the drainage plan that they have in mind which
utilizes the pond adjacent to their property on the eastern border, and noted
that Exhibit 3 is the Preliminary Engineering Plan (color) .
Mr. Pinderski noted Exhibit 4, which is a concept drawing of the actual trees
on the property . Exhibit 5 is the actual concept landscape plan, which is
something that they will be adhering to, but is not the actual landscape plan.
Mr. Pinderski stated that they generally find the Annexation Agreement to be
in very good order; however, they do have a few comments that they would like
the Board to consider as a part of the final document:
1. They would like the Phasing Schedule to be incorporated into the plan
document.
2. They are seeking some type of preliminary approval from the Board as a
part of the Annexation Agreement for an illuminated ground sign. They under-
stand that the sign must be reviewed by the Appearance Commission.
3. They are asking for consideration of waiver or reduction of the annexation
r... fee, as well as the school and park donations, since they are a charitable,
not-for-profit organization.
Mr. Pinderski explained why the parsonage is located where it is on the site.
Pastor Cordes stated that they do not intend to hold services in the parsonage.
Mr. Pinderski stated that they have committed to start construction of the
church two years from the date that the occupancy permit is issued for the
parsonage; he confirmed that they do not have any intention of building a
school.
Charles Stewart, Urban Forest Management, reviewed the proposed landscaping
on the site, and stated that a report would be available before their next
appearance before the Board.
Pastor Cordes reviewed the procedure for construction and how they are governed
by the Wisconsin Lutheran Synod; he stated that the only way that the church
would not be built would be if the parsonage were not built.
Mr. Pinderski stated that they were not aware of the fire impact fee, but
would appreciate some consideration regarding same also.
President Clayton asked if there were any questions from any agencies; there
were none.
`.
Rob Sherman stated that he did not believe that the church should be relieved
8051
2/19/91
of any fees, since the cost should not be borne by the others in the community
who may not wish to support this ministry.
Mr. Raysa noted that the draft of the Annexation Agreement before the Board
is dated 2/12/91.
Mr. Raysa stated that the Phasing Schedule is good for informational purposes,
but he does not see it as necessary to include it in the Annexation Agreement.
President Clayton polled the Board: "YES" indicates favor of including the
Phasing Schedule in the annexation Agreement; "NO" indicates opposition:
YES: Marienthal, Reid, Mathias, O'Malley, Kahn
NO: None
ABSENT: Shifrin
With regard to preliminary approval for the sign, President Clayton stated
that the Board cannot approve a sign, as it must go through the Appearance
Commission.
Mr. Raysa directed the Board's attention to Page 13, Paragraph I, which
relates to the Sign. Mr. Raysa does not have a problem with the Board
conceptually approving a sign at a designated location, but it does not need
to be included in the Annexation Agreement.
President Clayton polled the Board: "YES" indicates favor of conceptual
approval of a sign for the church on the corner of Busch and Buffalo Grove
Roads, knowing that it will have to go through the entire process for
approval; "NO" indicates opposition:
YES: Marienthal, Reid, Mathias, O'Malley, Kahn
NO: None
ABSENT: Shifrin
There was discussion with regard to the waiver of the annexation fees; it
was noted that annexation fees were waived when the Methodist Church was
built on Dundee Road.
President Clayton polled the Board: "YES" indicates favor of waiving the
$1,800 annexation fee; "NO" indicates opposition:
YES: Marienthal, Reid, Mathias, O'Malley, Kahn
NO: None
ABSENT: Shifrin
Mr. Raysa stated that the Board has no authority with regard to waiver of
the school and park donation fee.
President clayton polled the Baord: "YES" indicates favor of waiving the
school and park donation; "NO" indicates opposition:
YES: None
L"" NO: Marienthal, Reid, Mathias, O'Malley, Kahn
ABSENT: Shifrin
8052
2/91/91
It was suggested that the polling with regard to the fire impact fee be
tabled until the Board has an opportunity to discuss and research it further.
After discussion, Mr. Pinderski stated that they would be willing to agree
to this fee at $.75/square foot subject to waiver of that fee should the
Board make a recommendation and pass on a standard that would be favorable
to the church. The fee would not be due until a building permit for the church
is given. Mr. Balling will incorporate language with regard to this fee in the
in the Annexation Agreement.
The Phasing Schedule is just included as an exhibit. It was suggested that
the schedule be included in the Annexation Agreement which would have some
reversion language if the schedule is not adhered to.
After discussion, President Clayton polled the Board: "YES" indicates favor
of having a reversion clause along with the issuance of the building permit;
"NO" indicates opposition:
YES: Marienthal, Reid, Mathias, O'Malley, Kahn
NO: None
ABSENT: Shifrin
At. 8:53 P.M. , President Clayton continued the Public Hearing until
March 4, 1991, at which time the ordinances will be considered.
Rob Sherman expressed concern with the direction the SWANCC BALEFILL
Village is taking, along with SWANCC, in regards to the
6+ proposed balefill at Bartlett and it's effect on the
environment. 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 O'Malley, seconded by Mathias, to approve ORDINANCE #91-16
Ordinance #91-16, Amending Chapter 2.18 of the Code (Health Department
confering exclusive jurisdiction for Food Store and jurisdiction)
Service Sanitation to the Villages' Health Department.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Mathias, to approve ORDINANCE #91-17
Ordinance #91-17, Amending Title 15 of the Code as it (Building Codes)
concerns updating the Village's Building Codes. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
8053
2/19/91
Moved by O'Malley, seconded by Mathias, to approve ORDINANCE #91-18
Ordinance #91-18, Amending Title 10 of the Code (Title 10 turning
• . establishing Turning Restrictions at the Intersection of restrictions)
Busch Parkway and the driveway of Creekside Commons
Shopping Center. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to approve Ordinance ORDINANCE 91-19
#91-19, Amending Title 10 of the Code Designating Busch (Title 10-Busch Rd.
Road/Parkway a Through Highway. Upon roll call, Trustees Parkway)
voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to approve the Plat THREAD CREEK
of Easement for Storm Sewer at Thread Creek (Busch and (Plat of Easement)
Weiland Roads) . The Village Engineer recommends approval.
Upon roll call, Trustees voted as follows:
__ AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Mathias, to approve the BENTLY PLACE
Certificate of Final Acceptance and Approval - Bently (Final Acceptance)
Place. The Village Engineer recommends approval. Upon
roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Mathias, to accept the FIRE PENSION FUND
Illinois Department of Insurance's Buffalo Grove
Firefighter's Pension Fund Report for a five year period
ending April 30, 1989. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
L..
8054
2/19/91
President Clayton re-opened the Public Hearing on the ORDINANCE #91-20
Deerfield Bakery Annexation at 9:02 P.M. (Deerfield Bakery
Annexation
Moved by O'Malley, seconded by Mathias, to pass Ordinance Agreement)
#91-20, approving an Annexation Agreement for the
Deerfield Bakery Development.
Mr. Raysa suggested inserting the work "wholesale" on Page
12, Paragraph B.
Trustee Marienthal asked that the motion include the dated
document of 2/19/91 which was underlined and incorporate
that into the Agreement.
Trustee O'Malley amended the motion to include the above
statements in the motion; Trustee Mathias seconded the
amendment. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Reid, to pass Ordinance ORDINANCE #91-21
#91-21, annexing the Deerfield Bakery property to the (Deerfield Bakery
village of Buffalo Grove. Upon roll call, Trustees voted Annexation)
as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-22
#91-22, amending the Comprehensive Zoning Ordinance of the (Deerfield Bakery-
Village as it concerns the Deerfield Bakery property. Zoning)
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Reid, to pass Ordinance ORDINANCE #91-23
fti #91-23, amending the Buffalo Grove Zoning Ordinance (Deerfield Bakery
concerning Special Uses in the B-5 Town Center Planned B-5 Special Use)
District. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
8055
2/19/91
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-24
#91-24, amending the Comprehensive Zoning Ordinance and (Deerfield Bakery
` Land Use Map in the B-5 Sub-District as it concerns the B-5 Land Use Map)
Deerfield Bakery development. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Mr. Balling reviewed the proposed ordinance, and commented ORDINANCE #91-25
on the public meetings which have been held. Details of (Water
the proposed ordinance are contained in Mr. Boysen's memo Conservation)
to Mr. Balling of February 7, 1991.
Lengthly discussion took place with regard to whether or
not there should be more input from the residents, and
whether or not there should be restrictions with regard to
date and time.
Moved by Reid, seconded by Kahn, to pass Ordinance #91-25,
amending Chapter 13. 16 of the Code as it concerns Water
Conservation. Upon roll call, Trustees voted as follows:
AYES: 4 - Reid, Mathias, Kahn, President Clayton
NAYES: 2 - Marienthal, O'Malley
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Reid, to pass Ordinance ORDINANCE #91-26
#91-26, approving a Preliminary Plan for the Harris Bank (Harris Bank)
Facility at the Woodland Commons Shopping Center.
Trustee Marienthal pointed out that we have several
financial institutions in the Village, and this facility
will take up another corner and will not bring in any
sales tax.
Upon roll call, Trustees voted as follows:
AYES: 4 - Reid, Mathias, O'Malley, Kahn
NAYES: 1 - Marienthal
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-27
#91-27, amending the Buffalo Grove Zoning Ordinance (Group Homes)
concerning Group Homes. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
8056
2/19/91
Moved by O'Malley, seconded by Kahn, to pass Ordinance ORDINANCE #91-28
#91-28, approving the Second Amendment to the Cherbourg (2nd Amendment
�... Townhomes, P.U.D. Ordinance as it concerns Deck Cherbourg P.U.D.)
Variations.
Details of the proposed ordinance are contained in Mr.
Pfeil's memo to Mr. Balling of February 14, 1991.
Tim Hernandez, Pulte Homes, explained the request of the
developer.
Trustee Reid pointed out some specific objections which he
has.
Mr. Hernandez stated that no deck has been sold on any of
the lots that exceeds the requirements established in the
P.U.D. Ordinance. Trustee Reid stated that, if there is
any exception to that, he would like to have it brought to
his attention.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Mathias, Kahn, President Clayton
NAYES: 1 - Reid
ABSENT: 2 - Shifrin, O'Malley
Motion declared carried.
Moved by Marienthal, seconded by Mathias, to pass RESOLUTION #91-11
Resolution #91-11, authorizing the execution of Amendments (Refuse Service
to the Refuse Service Contract between the Village and Contract)
Buffalo Grove/ Wheeling Disposal. Details of the proposed
resolution are contained in Mr. Brimm's memo to Mr.
Balling of February 14, 1991.
There was discussion as to whether or not credit should be
given to those residents who do not need a yard waste
pick-up.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Trustee Kahn asked if residents could be notified when the 1991 MOSQUITO
trucks are going to be spraying. ABATEMENT PROGRAM
Lyle Clarke, Clark Outdoor Spraying, stated that there is
an 800 number where people can call and ask to be notified
when the trucks will be spraying.
to"' Moved by Marienthal, seconded by O'Malley, to award bid
for the 1991 Mosquito Abatement Program to Clarke Outdoor
Spraying Company in the amount of $26,933.32.
8057
2/19/91
Mr. Raysa pointed out that there is a clause in the
contract which allows the contractor to assess a surcharge
�... if the price of gasoline goes above a certain point.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Harry Seigle, Seigle's Home Center, made a presentation to SEIGLE'S HOME
the Board, details of which are contained in Mr. Pfeil's CENTER
memo to Mr. Balling of February 15, 1991.
Moved by Reid, seconded by Kahn, to direct staff to
prepare an agreement to provide for the extension of this
provision with the P.U.D. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Bob Rohrman, Rohrman Automotive Dealerships, introduced ROHRMAN MOTORS
himself and John Espenes, construction manager, to the
Board.
Mr. Espenes, made a presentation to the Board, details of
which are contained in Mr. Pfeil's memo to Mr. Balling of
February 15, 1991.
Trustee Reid stated that, because of his current
employment with School District 214, he will excuse
himself from this discussion.
Trustee O'Malley stated that, although this is a nice
plan, the auto dealerships should not be placed on Dundee
Road; he would like to see them in another place in the
Village.
Trustee Mathias stated, if the dealership were built, it
would, in his opinion, substantially reduce the character
of that neighborhood and would lower the property values
of the surrounding properties; if there is any other site
in the Village, he would like to endorse this plan.
Trustee Marienthal stated that he would have to vote
against this plan because he believes it would further
destroy Dundee Road.
Trustee Kahn, echoed the statements already made, and, for
those reasons, stated that he could not vote for the plan.
President Clayton polled the Board: "YES" indicates favor
8058
2/19/91
of Rohrman Motors pursuing the plan presented tonight;
"NO" indicates opposition:
YES: None
NO: Marienthal, Mathias, O'Malley, Kahn
ABSTAIN: Reid
ABSENT: Shifrin
Moved by Marienthal, seconded by Kahn, to authorize bid RESERVOIR & PUMP
for Reservoir and Pumphouse No. 7 Expansion Project. Upon HOUSE NO. 7
roll call, Trustees voted as follows: (Authorize bid)
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Kahn, second by Mathias, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 10:40 P.M.
T .at
Jane. Sirabian, Village Clerk
APPROVED BY ME THIS 2A
144
DAY OF 11A114- , 1991.
(//,7
Village President
i
`..