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1989-08-07 - Village Board Regular Meeting - Minutes 7694 8/7/89 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD AT CHIPPER'S RESTAURANT, 48 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS, AUGUST 7, 1989 President Clayton called the meeting to order at 7: 15 P.M. CALL TO ORDER The floor was open for informal questions for the President INFORMAL QUESTIONS and Board of Trustees, at which time discussion was had on questions asked. The Board recessed at 7:45 P.M. 1 President Clayton called the meeting back to order at 7:50 CALL TO ORDER P.M. Roll call indicated the following present: President ROLL CALL Clayton; Trustees Marienthal, Glover, Reid, Shifrin, and Mathias. Trustee O'Malley was absent, and due to an emergency, Trustee Mathias left at 10:00 P.M. 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; Brian Sheehan, Health Officer; Richard Kuenkler, Village Engineer; Ray Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; and Fire Chief Allenspach. Moved by Marienthal, seconded by Glover, to approve the APPROVAL OF MINUTES minutes of the July 17, 1989 Regular Meeting. The following corrections were made: Page 7687 - The third paragraph under the Westchester Estates heading should be deleted. Page 7687 - The phrase "or warranty items." should be deleted from the seventh paragraph under Westchester Estates. Page 7688 - In the first paragraph under the Family Aquatics Center heading, it was Mr. Rylko who made the presentation rather than Mr. McNeely. Page 7688 - The last paragraph on the page should have the phrase added after the word "audience" in the last line. Page 7692 - The following sentence should be added after the vote on the Peter David Property: "President Clayton then closed the Public Hearing." 7695 8/7/89 Page 7692 - The sixth paragraph under Woodley Apartments heading should read as follows: "President Clayton stated that the purpose of the discussion is to review the Plan Commission's negative recommendation and to listen to the developer's suggestions for revising the site plan. Even if the Board does not think the plan should be approved, the developer could still request that the Baord take formal action on a P.U.D. ordinance." page 7686 - In the second paragraph under Roll Call, it should be noted that Joseph Tenerelli, Village Treasurer was present. Trustee Marienthal amended the motion to include the above corrections; Trustee Glover seconded the amendment. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Marienthal, Glover, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley ABSTAIN: 1 - Reid Motion declared carried. Mr. Tenerelli read Warrant #650. Moved by Glover, seconded WARRANT #650 by Reid, to approve Warrant #650 in the amount of $2,500,356.71, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover,Reid, Shifrin, Mathias NAYES: 0 - None • ABSENT: 1 - O'Malley Motion declared carried. Trustee Marienthal read the proposed resolution. RESOLUTION #89-36 (Paper Bags) Moved by Marienthal, seconded by Glover, to pass Resolution #89-36, encouraging Buffalo Grove store owners to package their merchandise in paper bags rather than in plastic bags. Trustee Reid stated that there are alternatives to non-degradable plastic bags, such as the degradable plastic bags made of corn products; he believes stores should be encouraged to offer an alternative to consumers, but he believes that the Village should work with the various agencies to continue to investigate and look at the alternatives that are available. Trustee Reid amended the motion to add a paragraph to the effect that the Village continue to investigate and publicize the alternative degradable packagings that are available. Trustee Marienthal seconded the amendment. Upon roll call, Trustees voted as follows on the amended motion: I 7696 8/7/89 AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Trustee Marienthal commended the staff for the way; the HEAVY RAINS excess water was handled during the heavy rains this past week-end. President Clayton also stated that the Engineering staff was due a big thanks for their efforts. Mr. Balling brought the Board up to date on the Scarsdale SCARSDALE Westchester drainage problem. Mr. Morelli's letter to Mr. (Westchester) Balling of July 26, 1989 is on file in the Clerk's office. Trustee Shifrin stated that, although the developer has attempted to correct some of the problems, he has created some new ones; he believes that there should be a deadline set for all of the problems to be corrected. Mr. Balling brought the Board up to date on the issue of PORT CLINTON ROAD Long Grove cut-through traffic because of Port Clinton Road; the primary issue seems to be construction traffic. It has been suggested that Port Clinton Road be closed at the corporate limits on a temporary basis to alleviate this problem. The negative aspect of this solution would be that Buffalo Grove residents would be inconvenienced by not being able to travel eastbound. Trustee Reid acknowledged that there is a problem with cut-through traffic; there are alternatives; he believed that public hearings and public input should be sought. Moved by Reid, seconded by Marienthal, to direct staff to proceed with the investigation and assimilate information regarding the closing of Port Clinton Road east of Sandlewood. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Mr. Raysa brought the Board up to date on the Final OTIS OFFICE Judgement Order with regard to Buffalo Grove versus Long Grove (Otis Office) , Case #88 MR 674, details of which are contained in his letter to Mr. Balling of August 7, 1989. Mr. Raysa confirmed to President Clayton that the property is now in the Village of Buffalo Grove. President Clayton thanked Mr. Raysa for his efforts on this case. 7697 8 7 8 9 Marty Engle, a resident of Scarsdale, stated that his house SCARSDALE had been fully graded; subsequently, the house next door had the foundation put in, which was supposed to be 6"lower than his, but is, in actuality, at least 16" lower than his house, causing a problem with the slope of his lot. Mr. Balling responded, stating that he is familiar with the problem. Lengthy discussion followed with regard to possible solutions. Mr. Engle also stated that there are at least 8 or 9 street lights that do not work; President Clayton asked Mr. Engle to let staff know exactly which lights do not work. Alan Shifrin, 1311 Whitney, stated that he does not know of anyone who has had their warranty items taken care of, and the residents are asking for the cooperation from the Board. Jerry Goldman, a resident of Westchester, stated that more than half of the lights do not work; he also asked if trees or shrubs could be planted along the retention area. President Clayton stated that this situation would have to be investigated, and staff would come back with an answer for Mr. Goldman; Mr. Dreyfus, 1112 Hidden Lake Drive, stated that the grading was supposed to be done by July 24, 1989; it is not done as of today; he closed on his house on May 5, 1989. John Green, representing Mr. Morelli, stated that the final grading should be finished within the next couple of weeks. Trustee Glover stated that he is concerned with the tremendous amount of time that the Board is having to spend because Mr. Morelli is not doing the things that need to be done. Trustee Marienthal also stated that he would not want to see Mr. Morelli build in the Village until he gets the problems with current residents solved. Carol Stops, Fremont Way, stated that she has heard that FREMONT WAY Fremont Way will be lined up with Old McHenry Road and a 4-way stop sign will be installed. Mr. Kuenkler stated that he believes the State does intend to line up that intersection. Mrs. Stops stated that, if that intersection is lined up, there will be a great deal of commercial traffic directed onto the residential street. President Clayton stated that the Board will evaluate this 7698 8/7/89 situation , and she asked Mr. Balling to make sure that Mrs. Stops is notified as to what is taking place. David Mattis, 1463 Chase Court, asked about the proposed alignment of Fremont Way and Alden Lane. Mr. Balling stated that there is alignment planned for that intersection. 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 Items XI.A. and 0. be removed from the Consent Agenda. Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #89-37 #89-37, Appointing an Alternate Delegate to the (IRMA Delegate) Intergovernmental Risk Management Agency (IRMA) . Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #89-38 #89-38, Approving an Agreement for Design Engineering (Villagewide Street Services for the 1990 Villagewide Contractural Street Maintenance) Maintenance Projects. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #89-39 #89-39, for Improvement by Municipality under the Illinois (MFT Funds-1990 Highway Code and Appropriation of MFT Funds for 1990 Street Street Projects) Projects. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Plat CHEVY CHASE BUSINESS of Easement - Chevy Chase Business Park East. The Village PARK EAST Engineer recommends approval. Upon roll call, Trustees (Plat of Easement) voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. 7699 8/7/89 Moved by Marienthal, seconded by Glover to approve the ADVENTEST AMERICA Development Improvement Agreement and Plat of Easement (DIA & Plat of { Vacation and Dedication - Adventest America, The Corporate Easement) Grove. The Village Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Plat WEILAND ROAD of Dedication - Weiland Road at Tripp School. The Village (Plat of Dedication) Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the Plat YANMAR DIESEL of Easement and Development Improvement Agreement - Yanmar (DIA) Diesel Addition (Lots 125-133) . The Village Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover to approve the First ASBURY DRIVE Resubdivision and Development Improvement Agreement - Asbury (First Resubdiv- Drive Lot 5. The Village Engineer recommends approval. ision & DIA) Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover to approve the Third CHERBOURG and Fourth Amendments to the Declaration of Covenants - (3rd & 4th Amend- Cherbourg Townhomes, Unit 1. The Village Engineer ments Declaration recommends approval. Upon roll call, Trustees voted as of Covenants) follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. 7700 8/7/89 Moved by Marienthal, seconded by Glover to approve the CANTERBURY FIELDS Declaration of Covenants - Canterbury Fields. The Village (Declaration of Engineer recommends approval. Upon roll call, Trustees Covenants) voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover to approve the FIORE #10 Relocated Building Box 209, 210, 211 at the Woodlands at (Relocated Building Fiore Unit 10. The Village Engineer recommends approval. Box) Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover to approve the Final TOWN PLACE Plats of Subdivision and Easement along with a Development (Plat of Subdivision Improvement Agreement and attending conditions - Town Place. & DIA) The Village Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Moved by Marienthal, seconded by Glover to accept the TALMAN HOME SAVINGS Appearance Commission Approval: Talman Home Savings - ATM (Aesthetics) Machine with Signage. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Mr. Balling reviewed the situation with regard to the DUNDEE PARKWAY & decorative wall at Dundee Parkway and Golfview Terrace. GOLFVIEW PARKWAY Mr. Boysen's memo to area residents of July 18, 1989, is on file in the Clerk's Office. Moved by Glover, seconded by Shifrin, to ask staff to remove the decorative wall and landscaping at Dundee Parkway and Golfview Terrace. Trustee Reid stated that there are trees on the east parkway that he would like to see retained, and he would like to see trees on the west parkway to balance the landscaping. 7701 8/7/89 Rachel Jeppe, 298 Dundee Parkway, stated that they do not wish to see the wall taken down; her letter to Mr. Balling of July 21, 1989, details her concerns. Loren Johnson, 284 Dundee Parkway, stated his reason for wanting the wall to be taken down, details of which are in his survey form dated July 1, 1989. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. Mr. Balling reviewed subject situation, details of which are ZBA APPEAL contained in Mr. Hruby's memo to Mr. Balling of August 2, (Johnson) 1989. Carmen Trobetta, representing the Johnson's, stated that the ZBA had voted against this plan was because it had been requested that a written drainage plan be submitted; Mr. Trombetta distributed a drainage plan to the Board. Mr. Kuenkler stated that the proposed construction would not make the drainage situation any worse. ZBA Chairman Heinrich reviewed the findings of the ZBA for the Baord; he stated that there should possible be another full hearing. President Clayton stated that she believes that, since there is new information, this should go back to the ZBA for full hearings. Steven Tennant, attorney for the Jeppe's, stated that he believes the application should be resubmitted and there should be an opportunity for everyone to be heard on this issue based on the new plans. Moved by Mathias, seconded by Glover, to return this matter to the ZBA where a new Public Hearing should be scheduled, since new information has been brought forth. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - O'Malley Motion declared carried. President Clayton explained why this was removed from the CROSSINGS COMMERCIAL last Consent Agenda, and placed on tonight's agenda. James Otis made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of 7702 8/7/89 August 2, 1989. Jack Sturgeon, representing Otis Associates, reviewed the site plan for the Board. Mr. Sturgeon then asked the landscape architect to describe the landscape plan. Trustee Marienthal stated that he wants to make sure that the lighting does not spill over into the residential area. David Mattis, 1463 Chase Court, stated that the problem tonight is that a major realignment inside of the shopping center is being designed; this will change the whole configuration of the center; he believed Otis should come back to the Board with a final and complete plan. Carol Stops, a resident, stated that the residential streets should be left alone; she stated that it would be fine to put in an entrance, but it should not line up with Alden Lane. Appearance Commissioner Gordon stated that it was noted at the Appearance Commission that it was agreed that the rest of the buildings needed to follow the format. Appearance Commissioner Bruno stated that they were of the opinion that the buildings were going to stay the way that they were presented. ZBA Chairman Heinrich stated that there are a number of signs that are being asked to be approved that are in direct opposition to the current sign ordinance. Carol Stops asked about getting back to the actual plan and what is actually being approved. Mr. Balling stated that what is being proposed is almost identical to what was approved; the owner is proceeding with precisely what he was instructed to do by the Board. After further discussion, it was moved by Glover, seconded by Reid, to approve the Appearance Commission recommendation, except for the signage, and that the agreement is to submit each individual building for Appearance Commission review. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 1 - Mathias ABSENT: 1 - O'Malley Motion declared carried. Trustee Marienthal requested that a sidewalk be put in for Heritage Place; Mr. Otis stated that he would put in a sidewalk for Heritage Place. 7703 8/7/89 President Clayton declared a recess from 9:50-10:00 P.M. RECESS Trustee Mathias left at this time. James Schneider made a presentation to the Board, details of SCHWENNESEN which are contained in Mr. Pfeil's memo to Mr. Balling of PROPERTY August 2, 1989. Larry Peterman also made a presentation to the Board, referring to aerial photos of the site, the Concept Plan, and slides and video imaging to show, as closely as possible, what the site would be like in its final form. Trustee Glover stated that he has a concern with the land use; the Comprehensive Plan calls for single family homes, and that is the first hurdle he would have to deal with; from a land use standpoint, he would prefer to have single family. Trustee Shifrin concurs with Trustee Glover; the Comprehensive Plan must be looked at; he would prefer to see single family, no less that R-4. Trustee Reid agrees; the Comprehensive Plan calls for residential, and he would prefer to see that plan developed. Trustee Marienthal stated that the construction of Buffalo Grove Road to a 4-lane rather than a 2-lane road would have to be taken into consideration, which will detract from the amount of buildable property available; he shares the idea that single family type housing should go on the property. Mr. Schneider stated that the difficulty with single family is that it all becomes private property, and control over the property is lost. In answer to a question from President Clayton, Mr. Peterman stated that the type of variances they would need would perhaps be a reduction in the right-of-way. President Clayton asked if the Board would be willing to entertain variations. Trustee Reid stated that he would be willing to take a look at a plan, but he would have very serious reservations about private streets and how they would be maintained. Trustee Shifrin stated that he would have a problem with private streets. President Clayton asked for feedback with regard to the possibility of some kind of single family PUD. Trustee Marienthal stated that he would be willing to look 7704 8/7/89 at a plan. Trustee Glover stated that he would prefer single family PUD; he also wants to talk in terms of a buildable area density. Trustee Reid stated that he would be willing to take a look at a plan, but he would be very concerned about the variances. Trustee Shifrin stated that he would prefer a single family PUD; he would consider variations subject to reasonable limitations; he wants to see a first-class product. Brian Sheehan reviewed the ordinance, details of SMOKING ORDINANCE proposed which are contained in Mr. Raysa's letter to him of July 13, 1989. After discussion with regard to the rights of both smokers and non-smokers, it was moved by Shifrin, seconded by Glover, to direct the Board of Health to convene a Public Hearing with respect to the Smoking Ordinance. Upon roll call, Trustees voted as follows: AYES: 3 - Marienthal, Glover, Shifrin NAYES: 1 - Reid ABSENT: 2 - Mathias, O'Malley President Clayton pointed out that, when the proposed ordinance comes back to the Board, it will be similar to a Public Hearing. President Clayton pointed out that Item XI.A. , which was LIQUOR CONTROLS removed from the Consent Agenda will be deferred. With regard to Item XI.O. which was removed from the Consent ZIERK'S FURNITURE Agenda, Trustee Reid stated that the reason he asked that this item be removed, was because of two questions, the first being the sign to be installed on the west face of the Building, which he understood would not have a sign in deference to the adjacent property; and the installation of the screening around the roof-top units on the property, which was supposed to have started early this summer. Plan Commissioner Rhodes stated that the west wall was supposed to have windows; and he is opposed to any signage being put up. President Clayton stated that this item will be placed on the next agenda. Moved by Glover, seconded by Reid, to move to Executive EXECUTIVE MEETING Meeting to discuss Litigation, Employment Matters, and 7705 8/7/89 Collective Bargaining. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. The Board adjourned to Executive Meeting at 10:40 P.M. and re-convened at 11: 10 P.M. Moved by Marienthal, seconded by Glover, to pass Ordinance ORDINANCE #89-58 #89-58, authorizing the Village Manager to enter into a (Collective Collective Bargaining Agreement with the Buffalo Grove bargaining) Professional Firefighter/Paramedic Association. Upon roll call, Trustees voted as follows: AYES 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Moved by Reid, seconded by Shifrin, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting adjourned at 11: 12 P.M. Janet. Sirabian, Village Clerk APPROVED BY ME THIS / DAY OF -It(t ✓ , 1989. Vi a President