1990-03-05 - Village Board Regular Meeting - Minutes 7823
3/5/90
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, 50 RAUPP BOULEVARD,
MARCH 5, 1990
Mr. Brimm called the meeting to order at 7:38 P.M. CALL TO ORDER
�•/ Roll call indicated the following present: Trustees ROLL CALL
Marienthal, Glover, Reid, and O'Malley. Trustees Shifrin
and Mathias arrived at 7:45 P.M. President Clayton was
absent.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; Lee Szymborski, Assistant
Village Manager; William Brimm, Finance Director; Richard
Kuenkler, Village Engineer; Robert Pfeil, Village Planner;
Fire Chief Allenspach; and Joseph Tenerelli, Village
Treasurer.
Moved by Reid, seconded by Glover, to appoint John TEMPORARY CHAIRMAN
Marienthal, Temporary Chairman for tonights meeting. Upon
roll call, Trustees noted as follows:
AYES: 3 - Glover, /Reid, O'Malley
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
ABSENT: 2 - Shifrin, Mathias
Motion declared carried.
Those present stood and pledged allegiance to the Flag. PLEDGE OF ALLEGIANCE
Moved by Reid, seconded by O'Malley, to approve the minutes APPROVAL OF MINUTES
of the February 20, 1990 Special Meeting. Upon roll call,
Trustees voted as follows:
AYES: 2 - Reid, O'Malley
NAYES: 0 - None
ABSTAIN: 2 - Marienthal, Glover
ABSENT: 2 - Shifrin, Mathias
Motion declared carried.
Mr. Tenerelli read Warrant #664. Moved by Glover, seconded WARRANT #664
by Reid, to approve Warrant #664 in the amount of
$778,386.47, authorizing payment of bills listed. Upon roll
call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, O'Malley
NAYES: 0 - None
ABSENT: 2 - Shifrin, Mathias
Motion declared carried.
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Moved by Glover seconded by Reid, to move to Executive EXECUTIVE MEETING
Meeting to discuss possible or imminent litigation. Upon
roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, O'Malley
NAYES: 0 - None
ABSENT: 2 - Shifrin, Mathias
Motion declared carried.
The Board moved to Executive Meeting at 7:42 P.M.
The meeting resumed at 8:00 P.M. Trustees Shifrin and
Mathias were present at this time.
Trustee Shifrin welcomed Trustee Marienthal back after TRUSTEE MARIENTHAL
recuperating from an injury.
Trustee Mathias referred to the request of Pace at the last PACE
meeting to waive fees for the new Park and Ride facility,
noting that the Board agreed to waive certain fees, but not
all fees. Mr. Balling confirmed that the engineering review
and inspection fees and the Building Permit fees were not
considered for waiver; the fees that were waived included
the Buffalo Grove sewer tap, the Buffalo Grove Water System
Improvement fee, the Buffalo Grove Water Tap and
Construction Water.
Trustee Mathias moved to reconsider the previous motion;
Trustee O'Malley seconded the Motion.
Trustee Mathias then elaborated on the reasons he believes
that all related fees should be waived.
Rose Marie Truppa, Division Manager of Capital Planning and
Grant Administration for Pace, made a presentation to the
Board with regard to the Waiver of Fees; she read section
4.08 on exemption for Taxation from the RTA Act.
Mr. Raysa requested time to review this subject.
After further discussion, it was moved by Reid, seconded by
Shifrin, to table the Motion to Reconsider. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Trustee Shifrin stated that, in addition to getting a legal
opinion, he would like staff to do a survey of other
communities to verify that, in fact, there have not been
instances where fees have been paid.
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Trustee Mathias brought up the issue of the Vernon Area VERNON AREA
Library with regard to the proposal presented to the Library LIBRARY
by the Village on their referendum and site selection; he
had asked that both the Library and Village Boards meet to
see if a compromise could be reached; he is very
disappointed by this response, as well as disappointed in
their rejection of the proposal; he does not see why the
Library Board is trying to rush the referendum through; he
would like to see the referendum postponed; he referred to
research that he has done on several studies; he does not
believe the Library Board studied the various
recommendations.
Trustee O'Malley complimented Trustee Mathias on the
research that he did he also was very disappointed in the
Library's response to Buffalo Grove; he does not believe
that Buffalo Grove is trying to pull a power play; he
believes the site offered by Buffalo Grove is the best site
for the entire district, not just Buffalo Grove.
Trustee Reid stated that he believes that a valid proposal
was made by Buffalo Grove to the Library District, and he is
disappointed that they did not want to talk to the Village
about it; the issue is on the March 20, 1990 ballot and it
cannot be postponed, but he hopes that the Village and the
Library District will be able to talk after the election.
Trustee Shifrin stated that the question is what is in the
best interest for the members of the District, rather than
the community in which the Library is built; the Library did
not discuss this proposal with any of it's member
communities; the Village of Buffalo Grove offered a site
that would have been acceptable for all of the members of
the District, not just Buffalo Grove.
Trustee Marienthal noted that his thoughts on this issue
have already been stated; he has wanted to have a Library
facility in the Village for over 10 years; promises have
been made and broken to the Village, and Buffalo Grove has
done everything possible to help the Districts, but the
Districts do not wish to communicate at this particular
time, and he does not understand why.
Trustee O'Malley brought up the issue of the Real Estate REAL ESTATE
Sign Ordinance, and stated that he has noticed signs up all SIGN ORDINANCE
over on week-ends; he believes the signs should be taken and
tickets should be issued; he thinks the Ordinance should be
enforced.
Trustee Marienthal stated that he noticed 10 "Open House"
and "For Sale" signs in the right-of-way this past Sunday,
and he would like to know why this is allowed.
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Mr. Balling commented on what has been done so far regarding
enforcement; he stated that he is concerned as to the sign
activity once the real spring "buying" season begins; he is
continuing to monitor the situation and looking for ways of
successful enforcement of the Ordinance.
Mr. Balling introduced Phil Murphy of Buffalo Grove/Wheeling YARDWASTE SURVEY
Disposal, who is Tom Massenga's replacement, and welcomed
him to the Village.
Mr. Szymborski reported on the Yardwaste Survey mailed to
residents last month, details of which are contained in his
memo to Mr. Balling of March 2, 1990.
Mr. Balling stated that staff anticipates bringing a package
before the Board at the March 19, 1990 meeting which would
carry any direction given by the Board tonight.
Trustee Glover is very encouraged both with the response
generated by the survey, and the results, indicating that
residents are concerned about the environment.
Moved byGlover, seconded byReid, to direct staff to begin
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planning for a July 1, 1990 start-up for both the yardwaste
changes and adding plastics to the solid waste pick-up.
Ray Charlette asked why there has to be an extra charge to
recycle plastics; Mr. Balling explained.
Trustee Reid stated that he believes that the Village should
proceed with the yardwaste and plastic program, regardless
of what might take place in Springfield with regard to the
law.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Mr. Balling thanked the Buffalo Grove/Wheeling Disposal for
their support with the survey and their financial
contribution towards same.
Temporary Chairman Marienthal stated that he has sent a
request to the major retailers in the Buffalo Grove area
with regard to paying people to return their bags to the
store, as has been done on the West Coast.
Trustee Mathias stated that he has been following the
recycling efforts being proposed in the City of Chicago, and
he hopes that the Village will monitor that and report back
on how Buffalo Grove can take advantage if those ordinances
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are passed.
Trustee Glover asked that staff renew the communication of
the desire of the Village to offer the alternative of paper
bags over plastic.
Mr. Balling reported on the Buffalo Grove Road speed study, BUFFALO GROVE ROAD
details of which are contained in Mr. Kuenkler's memo to him
of February 22, 1990. In answer to a question from Trustee
O'Malley, Mr. Kuenkler and Mr. Balling reviewed the
methodology in determining the speed limits.
Trustee O'Malley requested that the residents of Hidden
Lakes and Cherbourg be notified before any ordinance on
speed limit changes is passed.
A representative of the Wheeling/Buffalo Grove United Way UNITED WAY
presented an award to the Village employees in recognition
of their contributions to the United Way; she also thanked
Mr. Szymborski for his efforts in attaining their goal.
PUBLIC HEARING - MORMON CHURCH ANNEXATION AGREEMENT
Temporary Chairman Marienthal re-opened the continued Public Hearing
on the Mormon Church Annexation Agreement at 9:00 P.M.
James Gordon, representing the Mormon Church, made a presentation to
the Board with regard to the four issues the petitioner would like to
discuss tonight, details of which are contained in Mr. Pfeil's memo to
Mr. Balling of February 28, 1990.
Mr. Gordon stated that the church has agreed to remove the name "Long
Grove" from any identification with the church.
With regard to Paragraph 29. A. , the Church would like to change the
date for completion of the turn lanes from Port Clinton Road and
Prairie Road from "within 90 days of issuance of the certificate of
occupancy for the church" to "within 15 months of the time that the
Annexation Agreement is signed", this has significant budgetary
implications for the church.
In reference to Paragraph 29.C. , Mr. Gordon stated that the church is
requesting that the option be given to the church to allow the
developer to move the buffer line with new trees, equal or better,
12'-15' in height, to be placed along the property line.
Mr. Gordon referred to Paragraph 29.K. which states that the developer
of Parcel B pay the entire local share of the cost for future
improvements of the intersection of Port Clinton and Prairie Roads;
although the church does not agree, they had agreed to pay 1/3 of this
cost; he explained the reasons the developer and the church believe
this is unfair.
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3/5/90
Paragraph 29. L. states that the church may have two additional events
per year when the church will require off-site parking; the church is
requesting that they allow four additional events per year, for a
total of six; at this time, they do not intend to have to use all six
events, but they would like to avoid having to hire an attorney and
come back with this request in the event that the situation does
arise; he pointed out that the church must document to the Village that
adequate off-site parking will be available for each of these events.
James Truesdell, Director of Planning & Zoning for Hoffman Homes was
sworn in to give testimony. Mr. Truesdell stated that Hoffman is the
contract purchaser on the church property for the residential
development.
Mr. Truesdell stated that they will try to save as many trees on the
property as possible; based on lot configurations and various
purchasing constraints, the existing trees are not a viable option;
based on tree conditions, there may not be any way to preserve the
existing trees; new stock would be brought in and placed in a more
efficient way.
Mr. Truesdell also addressed the intersection improvement, stating
that the proposed cost is too costly per number of homes; they can
live with the 1/3 portion, but would like to see a 1/4 portion, as
well as having a cap on the specific amount.
Temporary Chairman Marienthal asked if there were any questions from
the Board; there were none.
Mr. Raysa pointed out that this Public Hearing is being held on that
certain draft dated 3/1/90 entitled Mormon Church/Fiore Triangle (Port
Clinton Road/Prairie Road) Annexation Agreement, which is attached to
Mr. Pfeil's memo of February 28, 1990, and the ordinances are
dated 2/28/90.
Temporary Chairman Marienthal asked if there were any questions from
the audience; there were none.
At 9:25 P.M. , Temporary Chairman Marienthal continued the Public
Hearing to later on in the meeting.
Ray Charlette, 962 Burgess Circle, noted incidents when he REAL ESTATE SIGNS
has called the Police Department with regard to real estate
signs being improperly erected. Mr. Charlette stated that
these signs are being put up by out-of-town agents, and he
pointed out that Mr. Anderson had stated that the real
estate people would handle notification to agents outside
the Village.
Temporary Chairman Marienthal asked Mr. Balling to
investigate this situation and report back to the Board.
Trustee Glover stated that he would like to see a vigorous
ticket-writing campaign; Trustee Shifrin would like to see
the fines raised.
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Marty Cantor, 440 Thorndale Court, asked about the speed BUFFALO GROVE ROAD
limit on Buffalo Grove Road from Dundee Road to Checker
Road; Mr. Balling explained the reason for the speed limits.
Mr. Cantor also posed questions with regard to the fire FIRE SERVICE
protection in the Village; Mr. Balling stated that he will
provide Mr. Cantor with a copy of the fire service
assessment report.
David Mattis, 1463 Chase Court, questioned Waste RECYCLING
Management's cost savings due to the success of the
recycling efforts, and asked if these cost savings can
reduce the cost of monthly refuse charges; Mr. Balling
responded, and stated that this has been investigated, and
is being monitored by the Village Board.
Susan Kenski-Sroka, Library Board Trustee, explained that VERNON AREA LIBRARY
she had voted for the proposal presented by Buffalo Grove,
but she reviewed the reasons that the entire Library Board
has rejected the proposal, with the general consensus being
that moving the library district will not improve the
quality of general services in the district and that there
has been no great public outcry from the community to move
the library. Mrs. Kenski-Sroka stated the Library Board
does not have a signed contract for the site they are
proposing to build on, and that they have not taken a soil
boring.
Trustee Shifrin thanked Mrs. Kenski-Sroka for her
presentation, and stated that he believes the referendum
will show a public outcry from the residents of Buffalo
Grove.
Allen Meyer, Library Director, commented on statements made
tonight regarding the library.
Temporary Chairman Marienthal explained the Consent Agenda, CONSENT AGENDA
stating that any member of the audience or the Board could
request that an item be removed for full discussion; there
were no requests for removal, but it was noted that under
Item XI., C., the date should be changed from June 1, 1990
to May 15, 1990.
Moved by Glover, seconded by Reid, to approve the Plat of RIVERWALK
Easement for Sanitary Sewer and Watermain - Riverwalk Unit (Plat of Easement)
I. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
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Moved by Glover, seconded by Reid, to approve the Plat of COVINGTON CORPORATE
Easements for Watermain - Covington Corporate Center Unit 1 CENTER
Lots 28-32; 10A and 50-53. Upon roll call, Trustees voted (Plat of Easement)
as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to Authorize to Bid - AUTHORIZATION TO
Arboretum Golf Course Kitchen Equipment. Upon roll call, BID
Trustees voted as follows: (Arboretum Golf
Course)
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to Authorize to Bid - AUTHORIZATION TO
Emergency Generator for Village Hall. Upon roll call, BID
Trustees voted as follows:
(Emergency
Generator)
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to Authorize to Approve a CHANGE ORDER
Change Order - Public Service Center Carpet Installation. (Public Service
Upon roll call, Trustees voted as follows: Center)
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to accept the Appearance FIRST AMERICAN BANK
Commission Approval - First American Bank of Lake County - OF LAKE COUNTY
Installation of Automatic Teller Machine with Signage. Upon (Aesthetics)
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Temporary Chairman Marienthal stated that Item XII, D. would ORDINANCE #90-15
be the next item on the agenda. (SWANCC)
Mr. Balling reviewed the proposed ordinance, and answered
questions from the Board on same.
Moved by Glover, seconded by Reid, to pass Ordinance #90-15,
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approving and authorizing the execution of an Interim
Project Use Agreement for the Solid Waste Agency of Northern
Cook County. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Temporary Chairman Marienthal re-opened the continued Public MORMON CHURCH
Hearing regarding the Mormon Church.
Mr. Raysa then reviewed the changes worked out by Mr. Gordon
and himself; these changes will be to the draft of the
Annexation Agreement dated 3/1/90.
Page 8 - Paragraph 14 - Exhibit A attached to the
Annexation Agreement is, in effect, not Exhibit A;
Exhibit A is the legal description, which is in the
possession of Mr. Pfeil. Exhibit A.1. , which is
attached to the Annexation Agreement, but labeled
Exhibit A, will be re-drafted pursuant to a revised
legal description that will be delivered to the Village
Engineer. Exhibit B, now dated 2/20/90. Exhibit E.
verbage will read, "Preliminary Engineering Plan
(sheets CD-1, CD-2, CD-3, CD-4, CD-5 and C-6) all dated
2/28/90. Exhibit F will have a new date of 2/20/90.
Exhibit I will be dated 2/27/90.
Paragraph 16, second paragraph, the following language
is suggested: "A tree survey and preservation plan
shall be submitted for review and approval by the
Village Forester (Pursuant to Section 16.50.120 of the
Development Ordinance) prior to any relocation or
removal of trees on the property."
Counsel for the church has informed Mr. Raysa that the
tree survey is done and will be delivered to the
Village.
Page 10, second line, shall read "Said model area".
Page 13, Paragraph 29. A. shall read: "Owner shall
complete required road improvements as shown on group
Exhibit E (sheet CD-1) to Port Clinton Road and Prairie
Road adjoining Parcel 1A. Said Road improvements shall
be completed not later than 15 months after the date of
this Agreement." The last line of this paragraph shall
be deleted.
Paragraph 29. C. will stay as is, with the following
paragraph to be added: "As an optional alternative to
the preceeding paragraph, owner may remove the entire
stand of trees and replace same by planting a buffer
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line of similar evergreen trees along the northern
perimeter of Parcel B. Said replacement trees and plan
are subject to prior approval of the Village."
Page 15, Paragraph 29.K. shall read: "The developer of
Parcel B shall pay 1/3 of the total cost of future
improvements, or $83,333.33, whichever is less. . ." The
developer must adequately bond or guarantee this
obligation through the DIA.
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Paragraph 29. L. , second paragraph: "Owner may have
four additional events per year. . ."
Page 16, Paragraph 29. 0. shall be deleted.
Mr. Raysa stated that underdrains are now shown on the
Engineering Exhibits.
Mr. Raysa stated that underdrains are now shown on the
Engineering Exhibits.
Mr. Raysa suggested that, when all three ordinances are
passed they be made subject to the insertion of the correct
legal descriptions.
Moved by Glover, seconded by Reid, to pass Ordinance #90-12, ORDINANCE #90-12
approving an Annexation Agreement between the Mormon (Mormon Church)
Church/Fiore Triangle at Port Clinton and Prairie Roads.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Moved by O'Malley, seconded by Reid, to pass Ordinance ORDINANCE #90-13
#90-13, annexing the Mormon Church Property to the Village (Mormon Church)
of Buffalo Grove, subject to the changes made record at
this meeting, and including the correct legal description.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Moved by Mathias, seconded by Reid, to pass Ordinance ORDINANCE #90-14
#90-14, amending the Comprehensive Zoning Ordinance of the (Mormon Church)
Village as it concerns the Mormon Church property, and
subject to the correct legal description. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
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John Staub made a presentation to the Board on subject WEILAND ROAD
property, details of which are contained in Mr. Pfeil's memo INDUSTRIAL PARK
to Mr. Balling of February 28, 1990.
The site analysis will be revised to delete Building E.
Trustee Shifrin suggested that Building A be flipped to the
east to move back the day care center.
Trustee Reid questioned the intent of the property owner to
the north; will they annex in the future or in concert with
the proposed development?
Moved by Glover, seconded by Reid, to refer the Weiland Road
Industrial Park to the Plan Commission. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shifrin, Mathias,
O'Malley
NAYES: 0 - None
Motion declared carried.
Edward Schwartz, developer, made a presentation to the Board CARLYLE UNIT 2
with regard to Carlyle Unit 2, Prairie Road and Brandywyn
Lane.
Moved by Glover, seconded by Mathias, to refer Carlyle Unit
2, Prairie Road and Brandywyn Lane to the Plan Commission.
Temporary Chairman Marienthal stated that he would like to
see the developer put R1/R2 zoning in the transitional area;
Mr. Schwartz stated that would not be economically feasible.
Upon roll call, Trustees voted as follows:
AYES: 5 - Glover, Reid, Shifrin, Mathias, O'Malley
NAYES: 1 - Marienthal
Motion declared carried.
Moved by Glover, seconded by Reid, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 10:55 P.M.
Tirk .
Janet Nf. Sirabian, Village Clerk
APPROVED BY ME THIS ` Rom' DAY OF , 1990.
Villa e President /�
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