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1990-05-21 - Village Board Regular Meeting - Minutes III 7875 5/21/90 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN COUNCIL CHAMBERS VILLAGE HALL, MAY 21, 1990 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, Shifrin, Mathias and Kahn. Trustee O'Malley arrived at 7:36 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; Frank Hruby, Director of Building & Zoning; Richard Kuenkler, Village Engineer; Robert Pfeil, Village Planner; Gregory Boysen, Director of Public Works; Fire Chief Allenspach; and Joseph Tenerelli, Village Treasurer. Moved by Marienthal, seconded by Reid, to approve the APPROVAL OF MINUTES minutes of the May 7, 1990 Regular Meeting. Upon roll call, Trustees voted ad follows: AYES: 3 - Marienthal, Reid, Mathias NAYES: 0 - None ABSTAIN: 2 - Shifrin, Kahn ABSENT: O'Malley Motion declared carried. Mr. Tenerelli read Warrant #669. Moved by Mathias, seconded WARRANT #669 by Reid, to approve Warrant #669 in the amount of $2,272,245.37, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Shifrin, Mathias, O'Malley NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Trustee O'Malley arrived at this time. President Clayton appointed David Hafft as Co-Chairman of COMMUNITY BLOOD the Community Blood Donor Commission for a term to expire DONOR COMMISSION April 30, 1991. Moved by Marienthal, seconded by Reid, to concur with President Clayton's appointment. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. 7876 5/21/90 Trustee Marienthal noted that he observed a larger number of SIGNS signs in the right-of-way this weekend. Trustee Marienthal also noted that he had observed teenagers from Domino's Pizza walking/standing in the right-of-way with signs for Domino's Pizza; he would like staff to talk with Domino's and resolve this situation. Trustee Shifrin stated that he has noticed skateboarding in SKATEBOARDING the outdoor shopping areas; he would like staff to look into adopting an ordinance which would ban this activity; he believes it is dangerous, a nuisance, and destructive to the property. Trustee Reid stated that he believes that there may be an ordinance regarding same. Trustee Mathias would like staff to put the Board Meeting, CABLE TV Plan Commission and ZBA agendas on the local access cable TV channel so that residents can be more aware of topics being discussed at each meeting. Mr. Balling stated that staff will investigate the feasibility of same. Trustee Reid stated that, with regard to the publication of the agenda, the entire agenda would have to be published, since an issue which may be important to one resident may not have interest to another resident. Mr. Balling noted the submittal of the Management Report for MANAGEMENT REPORT April, 1990; he noted the expanded reports from Mr. Hruby and Chief McCann. Trustee Mathias commented on some of the statistics. Mr. Balling noted that the U. S. Army Corps of Engineers SWANCC will be conducting the 404 Public Hearing, which is the final step on the approval of the Balefill, next Tuesday night at Harper College. Mr. Balling reviewed the situation with regard to the CHERBOURG Cherbourg Townhome roofs, details of which are contained in his memo to the Board of May 16, 1990. Lengthy discussion took place between the homeowners and the Board with regard to finding a solution to this situation. At the request of Trustee Marienthal, President Clayton polled the Board: "YES" indicates favor of getting an agreement from Pulte that all work will be completed by June 30, 1991, with 25% completed by August 31, 1990, 50% completed by October 30, 1990, 75% completed by March 30, 1991 and the balance by June 30, 1991; if the work is not completed within that time frame, and the Village does have a bond drawn in its favor, that bond be cashed; and that Pulte supply an insurance policy program for those units where work is necessary other than the roof to leave those homeowners whole" "NO" indicates opposition: 7877 5/21/90 YES: Marienthal, Reid*, Shifrin, Mathias**, O'Malley, Kahn NO: None *Still not clear what bond it is we are going to cash if Pulte hasn't agreed to put one up. ** If this is a recommendation to Pulte. President Clayton stated that Mr. Balling will be in touch with Pulte to negotiate and get the documents that can be taken to the homeowners so that the homeowners can act upon them. Mr. Balling will also keep Mr. Yablon informed of all developments. Mr. Raysa asked if 75% of the units have been sold pursuant to the declaration; Mr. Isaacs stated that 75% have not been sold, but Pulte may still turn over the Association to the homeowners. Trustee Mathias recommended that, in the event this situation is not resolved, a representative from Pulte personally be at the next Village Board Meeting to communicate with the Board. Susan Kenski-Sroka, Vernon Area Library Trustee, reported VERNON AREA that the Library Board voted to proceed in the culmination LIBRARY of the purchase of the Fiore property for $850,000, which is approximately $640,000 more than the land offered by the Village of Buffalo Grove. Rob Sherman commented on the fact that Zion recently passed QUESTIONS FROM a skateboard ordinance, which Buffalo Grove could possibly THE AUDIENCE review; he agreed that the agendas should be shown on g Channel 6, but also believes the Board meetings should be televised; he also commented on the proposed child care ordinance to be considered tonight, urging the Board to take a fresh approach, rather than the one that has been rejected. Robert Meale, 1321 Rose, stated a concern about a light pole LIGHT POLE which was moved off an island to the east of the intersection of Nichols and Rose; Mr. Balling will investigate the situation and be in touch with Mr. Meale. President Clayton explained the Consent Agenda, stating that CONSENT AGENDA any member of the audience or the Board could request that an item be removed for full discussion it was requested that Item XI. ,E. be removed from Consent. Moved by Mathias, seconded by Marienthal, to pass Resolution RESOLUTION #90-18 #90-18, Awarding a Contract for Pavement Crack Sealing in (Pavement Crack cooperation with a Northwest Municipal Conference joint bid. Sealing) Upon roll call, Trustees voted as follows: 7878 5/21/90 AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Mathias, seconded by Marienthal to Proclaim the PROCLAMATION Week of June 3-9, 1990 as National Safe Boating Week in the (Safe Boating Week: Village of Buffalo Grove. 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 Marienthal to Reject Bids and FY1990 FLEET Reauthorize Bid Solicitation for FY90-91 Fleet Expansion. EXPANSION Upon roll call, Trustees voted as follows: (Reject Bids) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Mathias, seconded by Marienthal to Approve Plats of CHERBOURG Resubdivision - Cherbourg Townhomes Unit 2, Nos. 30, 55, 56. (Plats of Resub- Upon roll call, Trustees voted as follows: division) AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Mathias, seconded by Marienthal to accept the CHURCHILL LANE Appearance Commission Approval: Churchill Lane - New Single (Aesthetics) Family Model. 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 Marienthal, to accept the FIRST NATIONWIDE Appearance Commission Approval: First Nationwide Bank - BANK cash Station Signage. Upon roll call, Trustees voted as (Aesthetics) follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. 7879 5/21/90 Moved by Mathias, seconded by Marienthal, to accept the SHELL OIL STATION Appearance Commission Approval: Shell Oil Station, Dundee (Aesthetics) Road-Sign Face Change. 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 Marienthal, to accept the CAMBRIDGE PLAZA Appearance Commission Approval: Cambridge Plaza West - WEST 1. Ground Sign 2. Sign criteria Upon roll call, Trustees (Aesthetics) voted as follows: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Moved by Mathias, seconded by Marienthal, to accept the AUTOMOTIVE ENGINE Appearance Commission Approval: Buffalo Grove Commerce REBUILDERS ASSOC. Center Lot 34, Automotive Engine Rebuilders Association - (Aesthetics) Building Addition. 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 Marienthal, to accept the CAMBRIDGE COMMONS Appearance Commission Approval: Cambridge Commons Shopping SHOPPING CENTER Center - Change to Parking Lot Light Fixtures. Upon roll (Aesthetics) 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 Marienthal, to accept the ROTARY VILLAGE Appearance Commission Approval: Rotary Village Green Sign. GREEN SIGN l Upon roll call, Trustees voted as follows: (Aesthetics) v AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Mr. Pfeil brought the Board up to date on the issues ORDINANCE #90-38 regarding the proposed ordinance, details of which are (Day Care) contained in his memo to Mr. Balling of May 17, 1990. 7880 5/21/90 Plan Commissioner Rubin stated that the Plan Commission spent a number of workshops on this issue, getting comments from many residents; the members who voted against the recommendations were not against the proposed ordinance, but against the number "eight". President Clayton outlined the parameters for those who wish to speak regarding this issue; she noted that the Board does have the minutes of the Plan Commission meetings. In answer to a question from Trustee Reid, Mr. Pfeil stated that the Village does have access to the names of people who are licensed by the state. Trustee Shifrin stated that there has been a lot of discussion on the issue; the Board has to consider the rights of property owners versus the rights of young families in the Village; with regard to the numbers, it boils down to a difference of two or three children; the issue then is really the entire concept, and if all of the possible negatives are weighed, he believes the needs of the community far outweigh the detriments; he urges the Board to join him in supporting the proposed ordinance and adopt it this evening. Trustee O'Malley stated that he has talked to many residents about this issue; he believes there is a genuine need to expand the number from three to eight; he believes there is a need in the community and he believes that quality neighborhood care is a positive influence; he would like to see the ordinance be more specific with regard to inspections; he believes the Board should adopt the ordinance, increase the number of children to eight including family members, and set forth specific guidelines and make sure that such day-care operators comply with the ordinances; he also believes that it might be advisable to limit the number of day-care operations within a certain radius. Trustee Kahn stated that he thinks limiting the number of day-care operations within a certain area would be a good idea; he wants to make sure that, through special use permits, the rights of the homeowners in the area are protected. Trustee Marienthal stated that the issue was brought up because a day-care operation was disturbing a neighbor; there is room for expansion, but there has to be controls put into place; the ordinance being considered takes some of these controls into consideration, but not all of them; the Village has to be concerned with the health conditions of the home, and with the background checks of the operators, and what this will do to the neighborhood. 7881 5/21/90 Trustee Mathias has been involved in setting up a day-care center at the JCC; he agrees there is a need for day-care in the community; he has no problem with setting the limit at eight; since this is a special use, he thinks some of the standards that the Plan Commission needs to take into consideration should be written into the ordinance, such as the number of residents in the area that have applied for this special use; he believes the Plan Commission can be responsible for these details, and he believes that staff can be responsible for inspections; he thinks the Plan Commission should have some input with regard to the number of children, i.e. limiting it to less than eight if circumstances dictate; he believes that the maximum number of children should be eight. Trustee Reid stated that the number of permits granted in one area will be taken care of by the Plan Commission when these special use permits are reviewed; he is quite comfortable with the proposed ordinance; he believes it provides the Village with safeguards through the special use permits; he believes the Village departments have the standards and the ability to enforce those standards to better ensure the quality of the facilities that could be done through a legislative enactment. Trustee Marienthal believes there will have to be a fee to cover the cost of inspections; he thinks some standards should be put in place that state that this is for the Village of Buffalo Grove, and not neighboring communities. A resident stated that the State conducts an inspection at least once per year, but may drop in at any time. Fire Chief Allenspach stated that the State inspections do not cover some of the things that the Building, Fire and Health Departments cover in their inspections. A mother of a child in day-care in Buffalo Grove stated that the parent is the best inspector, since they are there and inspect the facility every day, and if the quality was not there, they would take their children elsewhere. Trustee O'Malley stated that he believes that the Plan Commission can set specifics, but that the Board should give guidelines to the Plan Commission; he does not believe it would be necessary to charge a fee for inspections. Plan Commissioner Charlette stated that the problem he had with the number "eight" was whether it referred to eight children at one time or eight children in total for the day; if it refers to eight at anyone time, there could be many more children during the day, which could constitute a traffic problem. Mr. Pfeil stated that it would mean eight children at one time, but possibly more than eight during the period of a working day. 7882 5/21/90 George Krug stated that, if a license is issued, the operation becomes a business and does not belong in a residential area. Moved by Shifrin, seconded by Reid, to pass Ordinance #90-38, amending the Village of Buffalo Grove Zoning Ordinance regarding Child Day Care in Residential Districts. A resident asked what safeguards were being taken with regard to noise which might disturb neighbors who perhaps work out of their homes; he would like to see some specifics with regard to noise levels and amplified noise. A resident stated that he strongly objects to the proposed ordinance, as it will bring much more traffic and strangers into his neighborhood; there are already two unlicensed day care centers in his neighborhood; he does not believe that the Village can control this issue; he believes the increase to eight makes this a commercial enterprise. Mr. Hruby stated that he would envision at least three inspections per year taking place. In answer to a question from Trustee Marienthal, Mr. Raysa explained the procedure if a facility were found to be in violation. Trustee Marienthal would like to see some specifics as to the number of children from outside the community allowed to be taken care of in one particular location. Mr. Raysa stated that he would need time to review this, and would have to review the rationale for such a regulation. A resident stated that it should not make a difference where the children are from, since the parents work and spend their money in Buffalo Grove. A resident stated that, with regard to the noise, she would prefer to have eight day-care centers in her area, than to have children coming home and being alone and unsupervised. Barbara Bieniek, a licensed day-care provider, presented the Board with petitions in favor of permitting Buffalo Grove to conform to the State standard; she also presented a copy of the State guidelines. A resident who works part-time stated that the home day-care provides a service for her and others who work part-time that would be unavailable through commercial services. Mr. Raysa noted the current ordinance with regard to sound amplification; this addresses loud noise at night, but does not address day-time hours. 7883 5/21/90 Moved by Mathias, seconded by O'Malley, to amend the motion to allow not more than eight children at any one time, and not more than twelve children in any 24-hour period. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Mathias, O'Malley, Kahn NAYES: 2 - Reid, Shifrin Amendment declared carried. Moved by Mathias, seconded by O'Malley, to amend the motion to specify in Section 3.5.E that there will be no outside sound amplification devices permitted which would produce distinctly and loudly audible sound beyond the boundary of the property. Upon roll call, Trustees voted as follows on the amendment: AYES: 5 - Marienthal, Shifrin, Mathias, O'Malley, Kahn NAYES: 1 - Reid Amendment declared carried. Moved by Mathias, seconded by O'Malley, to amend the motion to note that the Plan Commission shall consider the number of other day care operators in the area as a standard in determining the special use, in Section 3.B.5.I. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Mathias, O'MalleY Kahn NAYES: 1 - Shifrin Amendment declared carried. Moved by Mathias, seconded by Marienthal , to amend the motion to note in Section 17.28.060, adding a new subsection F. , to allow that the Plan Commission may reduce the maximum number of children allowed, based upon their review of all conditions and standards set forth herein. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Shifrin, Mathias, O'Malley, Kahn NAYES: 1 - Reid Amendment declared carried. Trustee Marienthal asked for a polling as to writing into the ordinance a provision that there would be at least 50% of the children being watched in a home day care center from the Village of Buffalo Grove. President Clayton polled the Board: "YES" indicates favor of Trustee Marienthal's suggestion; "NO" indicates opposition. YES: Marienthal NO: Reid, Shifrin, Mathias, O'Malley, Kahn Amendment failed. President Clayton reviewed the amendments which have been 7884 5/21/90 made to the original motion. Upon roll call, Trustees voted as follows on the motion, with the amendments which were voted upon tonight: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Frank Salathe of JEN-Land Design, land planners for the ORDINANCE #90-39 property, introduced Chuck Hanson of Northwest Building (Northwest Building Material & Supply, and John Green, Systems Design Group, Material & Supply) architect for the project. Mr. Salathe made a presentation to the Board, details of which are are contained in Mr. Pfeil's memo to Mr. Balling of May 17, 1990. The developer asked for consideration so that they would not have to put in curb and gutter, but there was no support for same from the Board. Moved by Reid, seconded by Shifrin, to pass Ordinance #90-39, approving a Preliminary Plan for Northwest Building Material and Supply. Mr. Raysa made a change in Section 4.A. to read "easement or permit". Trustee Reid accepted the change by the Village Attorney, as did Trustee Shifrin. Upon roll call, Trustees voted as follows on the motion with the changes by Mr. Raysa: AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Mr. Balling made a presentation to the Board with regard to ORDINANCE #90-40 the proposed ordinance, details of which are contained in (Fire Station #27) Mr. Pfeil's memo to him of May 17, 1990. Moved by Mathias, seconded by Reid, to pass Ordinance #90-40, approving a Special Use in the I District (Industrial) and a Preliminary Plan for Buffalo Grove Fire Station #27, Half Day Road and Easton Avenue. President Clayton stated that there were some adjacent homeowners who had concerns about the drainage. Mr. Kuenkler stated that the drainage will not adversely affect any homeowners. Mr. Balling answered questions from the Board. Upon roll call, Trustees voted as follows: 7885 5/21/90 AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley Kahn NAYES: 0 - None Motion declared carried. Trustee O'Malley commented on the state of disrepair of this STRATHMORE SHOPPING shopping center. CENTER Mr. Balling reviewed a conversation he had with Arvid Olsen. Details of this matter are contained in Mr. Hruby's memo to Mr. Balling of May 16, 1990. Mr. Balling stated that the staff recommendation differs from the Plan Commission recommendation; staff recommendation would provide for the highest possible fence to be located on the property line, or within 1' of the property line, all the way around the perimeter, with all current fencing be torn down; all fencing be replaced with a fence of at least 8' high that is a durable, board-on-board product; in the area where there is a grade differential, staff suggests that it be handled with a guardrail rather than another fence, which would still be about a 4' differential, but it would eliminate the walk-through area. One additional possibility to be considered would be to provide a 12' chain-link fence inside the Early Learning Center to keep the children at least 12' from the property line, creating a buffer zone. Mr. Olsen indicated some willingness to participate in this. Mr. Norkett stated that his concern is the parking lot, and has not made a commitment to deal with the fence. Trustee Reid suggested that the Board approve this plan, and then issue tickets on a daily basis until this is taken care of. Other Trustees voiced agreement with this solution. Ken Lipkin, 1197 Alden Lane, stated that he does not believe that the fence being on the property line will solve anything; he thinks there should be a sturdier fence, there should be "No Trespassing" signs, and people have to enforce this. Reno Delrosario, 1187 Alden, asked what type of penalty would be enforced. Mr. Balling stated that he does not think that the regular penalties will work; he believes that the Village will have to go beyond the typical housing enforcement, and view this as a major nuisance rather than a citation. President Clayton polled the Board to indicate whether they would prefer the Staff recommendation or the Plan Commission recommendation: 7886 5/21/90 STAFF: Marienthal, Reid, Shifrin, O'Malley, Kahn PLAN COMMISSION: Mathias Margaret Aguilar, 1111 Belmar, stated that the fence will again be broken down and not repaired. Mr. Balling stated that the homeowners would not have to take down their fences if they did not wish to. Trustee Reid stated that at any time the fence is damaged and not repaired within 48 hours, the enforcement process should begin. Angela Klein, attorney for Lan Enterprises, introduced the BILLIARD COLISEUM proposed "Pockets" Billiard Coliseum to be in the Plaza at Buffalo Grove Road and Dundee Road. Paul Lange, made a presentation to the Board with regard to the proposed Billiard Coliseum, distributing a packet to the Board with details of his proposal. Trustee Shifrin asked if Mr. Lange could live with a beer and wine license rather than a full liquor license, Mr. Lange stated that, if he had to, he would still open with a beer and wine license. Mr. Lange then answered several questions about the operation from the Board. President Clayton polled the Board: "YES" indicates favor of expanding the number of Class A liquor licenses in order to provide a liquor license for this establishment; "NO" indicates opposition: YES: Reid, Shifrin, O'Malley, Kahn NO: Marienthal, Mathias Moved by Reid, seconded by Shifrin, to approve the FIRE STATION #27 Appearance Commission recommendation for the Buffalo Grove Fire Station #27, Half Day Road and Easton Avenue: Elevations/Materials, Landscaping/Lighting, details of which are contained in Mr. Matt's memo to Mr. Balling of May 14, 1990. 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 Shifrin, to authorize FIRE STATION #27 solicitation of bids for Subcontractor Trades Contracts for (Authorize to bid) Fire Station #27, details of which are contained in Mr. Weyrauch's memo to Mr. Balling of May 17, 1990. 7887 5/21/90 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 Reid, to approve Plat of NORTHWEST BUILDING Dedication for Northwest Building Supply Company, Weiland/ SUPPLY Aptakisic Roads public road dedication, details of which are contained in Mr. Kuenkler's memo to Mr. Balling of May 16, 1990. 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 Kahn, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:14 P.M. Jan . Sirabian, Village Clerk APPROVED BY ME THIS 41-1' DAY OF A , 1990. Village President