1989-09-18 - Village Board Regular Meeting - Minutes 7723
9/18/89
MINUTES OF THE REGULAR MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL,
SEPTEMBER 18, 1989
President Clayton called the meeting to order at 7:35 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, Glover, Reid, and O'Malley.
Trustee Shifrin was absent. Trustee Mathias arrived at 8:05
P.M.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; Lee Szymborski, Assistant
Village Manager; William Brimm, Finance Director; Gregory
Boysen, Director of Public Works; Frank Hruby, Director of
Building & Zoning; Robert Pfeil, Village Planner; Richard
Kuenkler, Village Engineer; Ray Rigsby, Superintendent of
Public Works; and Joseph Tenerelli, Village Treasurer.
Mr. Tenerelli read Warrant #653. Moved by Marienthal, WARRANT #653
seconded by Reid, to approve Warrant #653 in the amount of
$1,412,944.43, 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.
Trustee Glover read the proposed resolution. RESOLUTION #89-44
Moved by Reid, seconded by Glover, to pass Resolution #89-44
commending Village President Clayton on her election as
Illinois Municipal League President. Upon roll call,
Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, O'Malley
NAYES: 0 - None
ABSENT: 2 - Shifrin, Mathias
Motion declared carried.
President Clayton was congratulated by the audience and the
Board, after which she thanked the Board and the staff for
their support in making this honor possible.
Trustee O'Malley asked for clarification of the minutes with MORMON CHURCH
regard to the Church of Latter Day Saints. President
Clayton stated that this item will be put at the end of the
agenda.
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Mr. Balling reviewed the situation with regard to the speed BUFFALO GROVE ROAD
limit on Buffalo Grove Road, details of which are contained SPEED LIMIT
in Mr. Kuenkler's memo to him of July 24, 1989.
Trustee Marienthal stated that something needs to be done at
Buffalo Grove and Aptakisic Roads; Mr. Balling responded
that there are plans for a signal at that intersection.
A resident of Buffalo Grove Road stated that 45 miles per
hour is too fast for that road, since the residents are so
close to the road.
Mr. Balling brought the Board up to date on the status of REAL ESTATE OPEN
the real estate open house signs; his recommendation is that HOUSE SIGNS
the Village let the real estate community place signs as
they see appropriate for the next 6-8 weeks, and give the
Village Board an opportunity to evaluate the impact of that
signage before reviewing this subject again.
Mr. Anderson stated that he noticed signs this week-end
which were in violation, and stated that they were signs
from realtors outside the Village; they will try to notify
realtors outside the Village of the Village ordinance.
President Clayton stated that the real estate signage issue
will be held in abeyance for 6 weeks, during which time
staff will be working on an amendment to the sign code to
provide for real estate signs.
Mr. Balling noted the submission of the Management Report MANAGEMENT REPORT
for August; there were no questions on same.
Fire Chief Allenspach administered the oath of office of DEPUTY FIRE CHIEF
Deputy Fire Chief to Joseph Wieser, Sr. Mr. Wieser was
congratulated by the audience and the Board.
Chief Allenspach reported that Robert Krause will be going DEPUTY POLICE CHIEF
into surgery tonight for a heart transplant, and stated that
the thoughts of everyone are with him.
President Clayton read a summary of Deputy Chief Arthur
Voigt's 20 year career with the Police Department, and then
presented him with a gift from the Village. Deputy Chief
Voigt was congratulated by the audience and the Board.
President Clayton read a summary of Corporal Weidner's 20 POLICE CORPORAL
year career with the Police Department, and then presented WEIDNER
him with a gift form the Village. Corporal Weidner was
congratulated by the audience and the Board.
PUBLIC HEARING - KNOPF'S SUBDIVISION
President Clayton called the Public Hearing to order at 8:03
P.M. , and read from the Notice of Public Hearing published
in the Daily Herald on September 2, 1989.
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President Clayton read the purpose of the Public Hearing.
Trustee Mathias arrived at this time.
Ira Bodenstein, attorney for the developer, made a
presentation to the Board, details of which are contained in
Mr. Pfeil's memo to Mr. Balling of September 3, 1989. Mr.
Bodenstein referred to the proposed Plat of Annexation,
which is labeled "Exhibit B".
President Clayton asked if there were any agencies or groups
wishing to comment; there were none.
President Clayton asked if there were any agencies or groups
wishing to comment; there were none.
President Clayton asked if there were any Board or public
comments; there were none.
Mr. Raysa stated that the Annexation Agreement before the
Board at this Public Hearing is dated September 13, 1989, as
amended by certain sheets of a draft dated September 15,
1989, i.e. Table of Contents, Pages 1, 2, 5, 9, and 10.
At 8: 13 P.M. , President Clayton stated that the Public
Hearing remain open until the ordinances regarding this
subdivision have been passed.
PUBLIC HEARING - TAX LEVY ORDINANCE 1989
President Clayton called the Public Hearing to order at 8: 14
P.M. , and read the Notice of Public Hearing published in the
Daily Herald on September 7, 1989.
Mr. Brimm reviewed the requirements with regard to the 1989
Tax Levy Ordinance, details of which are contained in his
memo to Mr. Balling of July 17, 1989.
Trustee Mathias commended Mr. Brimm and the staff on the
hard work done in this area.
President Clayton asked if there were any questions from the
public; there were none.
President Clayton closed the Public Hearing at 8:21 P.M.
President Clayton asked if there were any questions from the QUESTIONS FROM THE
audience; there were none. AUDEIENCE
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; there were no such
requests.
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9/18/89
Moved by Glover, seconded by Reid,to approve Ordinance ORDINANCE #89-65
#89-65, Creating Section 13.05 of the Code providing for the (Public Water Supply
protection of the Public Water Supply System through the
introduction of certain cross-connection control
restrictions. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Final Plat MANCHESTER GREENS
of Subdivision and Development Improvement Agreement along (Plat of Subdivision
with attending conditions - Manchester Greens, Phase I. The DIA)
Village Engineer recommends approval. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Glover, seconded by Reid,to approve the Certificate ASBURY DRIVE
of Final Acceptance - Asbury Drive Subdivision. The Village (Final Acceptance)
Engineer recommends approval. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Sanitary HANS BAVARIAN LODGE
Sewer Maintenance Covenant and Easement Agreement - Hans (Sewer Maintenance
Bavarian Lodge as obligated under the Chevy Chase Utility Covenant & Easement
Co. Upon roll call, Trustees voted as follows: Agreement)
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Glover, seconded by Reid, to accept the Northwest ROAD SALT
Municipal Conference Joint Purchase Award of Bid (Award of Bid)
Recommendation for Road Salt. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
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9/17/89
Moved by Glover, seconded by Reid, to accept the Northwest LIQUID CALCIUM
Municipal Conference Joint Purchase Award of Bid CHLORIDE
Recommendation for Liquid Calcium Chloride. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
President Clayton re-opened the Public Hearing on the ORDINANCE #89-66
Knopf's Subdivision Lots 1 and 2, Block 2, at 8:25 P.M. (Knopf's Sub-
division)
Moved by Glover, seconded by Reid, to pass ordinance #89-66,
approving an Annexation Agreement - Knopf's Subdivision,
Lots 1 and 2, Block 2. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Glover, seconded by Reid, to pass Ordinance #89-67, ORDINANCE #89-67
annexing the Knopf's Subdivision, Lots 1 and 2, to the (Knopf's Sub-
Village of Buffalo Grove. Upon roll call, Trustees voted as division)
follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Glover, seconded by Reid, to pass Ordinance #89-68, ORDINANCE #89-68
amending the Comprehensive Zoning Ordinance as it concerns (Knopf's Sub-
the Knopf's Subdivision. Upon roll call, Trustees voted as division)
follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
President Clayton closed the Public Hearing on Knopf's
Subdivision at 8:28 P.M.
Moved by Glover, seconded by Reid, to pass Ordinance #89-69, ORDINANCE #89-69
annexing certain properties at Lake-Cook and Buffalo Grove
Roads. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
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Moved by Marienthal, seconded by Reid, to pass Ordinance ORDINANCE #89-70
#89-70, providing for the levy and collection of taxes for (Tax Levy)
the Fiscal Year May 1, 1989 - April 30, 1990. Details of
this ordinance are contained in Mr. Brimm's memo to Mr.
Balling of September 1, 1989. Upon roll call Trustees voted
as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #89-45
#89-45, requesting the County of Cook not to collect the (Cook County-
Loss in Collection on Taxable Property in the Village of Taxable Property)
Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #89-46
#89-46, requesting the County of Lake to not collect the (Lake County-
Loss in Collection on Taxable Property in the Village of Taxable Property)
Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Trustee Reid reviewed the proposed resolution. RESOLUTION #89-47
(Balefill)
Moved by Reid, seconded by Glover, to pass Resolution
#89-47, in support of the Balefill recommended by the Solid
Waste Agency of Northern Cook County. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Marienthal, seconded by Mathias, to authorize staff CATCH BASIN
to execute a contract with the Bruce Municipal Equipment CLEANER
Company for the Catch Basin Cleaner with High Pressure Sewer
Cleaner for a cost not to exceed $115,282.00.
Mr. Raysa pointed out that, if this motion passes, the Board
agrees with the findings in Mr. Rigsby's memo to Mr. Balling
of September 13, 1989, and also Mr. Rockey's memo to Mr.
Rigsby of September 13, 1989.
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Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Moved by Marienthal, seconded by Reid, to authorize staff to DISK TYPE
execute a contract with Vermeer of Illinois for a cost not CHIPPER
to exceed $14,400.00 for the purchase of a Disk Type
Chipper; details of the bid are contained in Mr. Rigsby's
memo to Mr. Balling of September 13, 1989. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Mr. balling reported on the Sanitary Sewer Service to Circle CIRCLE DRIVE
Drive and North Buffalo Grove Road residences, details of SANITARY SEWER
which are contained in his memo to the residents of
September 8, 1989.
President Clayton noted that the residents had been advised
that this item would be on the agenda tonight.
Moved by Glover, seconded by Reid, to adopt staff's
recommendation, which was to provide for the lump sum
payment to those residents who wished to do so, or prepare a
recapture ordinance to recover costs on a per lot basis for
those residents who do not opt to remit the up-front lump
sum payment.
After further discussion and comment, Trustees voted as
follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
President Clayton introduced the appeal of the ZBA decision ZBA APPEAL
of Edwin and Rachel Jeppe concerning the addition at 284 (Jeppe)
Dundee Parkway (Loren and Araceli Johnson) .
Trustee O'Malley excused himself from the discussion or
action on this case since he knows both parties involved.
Trustee Mathias reviewed the ZBA decision.
Rachel Jeppe made a presentation to the Board with regard to
the ZBA Appeal.
Mr. Raysa confirmed to President Clayton that he has read
all materials and that everything is legally correct.
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9/18/89
The item before the Board is a recommendation from the ZBA
with regard to the petitions of the Johnsons at 284 Dundee
Parkway with a number of conditions imposed on that
variation. The Jeppes have come before the Board to appeal
the decision of the Zoning Board of Appeals.
Mr. Spellman, a friend of the Jeppes, spoke on their behalf.
Moved by Reid, seconded by Glover, to uphold the decision
made by the Zoning Board of Appeals. Upon roll call,
Trustees voted as follows:
AYES: 3 - Glover, Reid, President Clayton*
NAYES: 2 - Marienthal, Mathias
ABSENT: 1 - Shifrin
ABSTAIN: 1 - O'Malley
*President Clayton stated that she knows that the Zoning
Board of Appeals put in many hours in coming to a very
difficult decision, and stated that she would have to vote
to uphold their decision.
Trustee O'Malley expressed his concern with the Town Place TOWN PLACE
revisions.
Roman Cluet, Braun Skiba Architects, made a presentation to
the Board with regard to the proposed changes. Further
details of the requested changes are contained in the
Appearance Commission minutes of August 24, 1989.
Trustee Marienthal stated that there is really not a
"backside" of these buildings, and he thinks that the
material should be the same all the way around the building.
Trustee Glover reviewed the previous discussions on this
project with regard to building materials.
Moved by O'Malley, seconded by Glover, not to approve the
requested change by the builder requesting a change from a
drivit plaster system to a rough sawn cedar system on the
sides and backs of the perimeter buildings. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 1 - Shifrin
Motion declared carried.
Mr.Balling reviewed the draft ordinance concerning political POLICTICAL/
and campaign signs, details of which are contained in Mr. CAMPAIGN SIGNS
Raysa's memo to him of September 6, 1989.
After lengthy discussion with regard to a proposed ordinance
relating to political signs, President Clayton polled the
Board: "YES" indicates favor of allowing political and
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campaign signs in the right-of-way; "NO" indicates
opposition:
YES: Marienthal, Mathias, O'Malley
NO: Glover, Reid
ABSENT: Shifirn
President Clayton polled the Board: "YES" indicates favor
of allowing political and campaign signs to be put on poles
in the right-of-way' "NO" indicates opposition:
YES: Marienthal, Glover, O'Malley
NO: Reid, Mathias
ABSENT: Shifirn
President Clayton stated that, based on the discussion
tonight, the Village would want some type of restriction on
how signs were affixed to the poles.
President Clayton polled the Board: "YES" indicates favor
of allowing one sign only on private property; "NO"
indicates opposition:
YES: None
NO: Marienthal, Glover, Reid, Mathias, OMalley
ABSENT: Shifrin
President Clayton polled the Board; "YES" indicates favor
of determining a square footage of signage permitted on one
parcel of private property: "NO" indicates opposition:
YES: Marienthal, Mathias, Reid
NO: Glover, Reid
ABSENT: Shifrin
Trustee O'Malley explained the confusion at the Plan MORMON CHURCH
Commission as to whether the Church of the Latter Day Saints
was to have developed a plan for the entire 27 acres, or
just the Church site, and leaving the remaining portion
open.
Mr. Balling stated that his understanding was to have the
annexation petition expanded to all of the property, and
also to work with a single-family zoning classification; the
concern was that the Mormon Church did not want to spend the
moneyfor land planning; his direction p g, was to get an R-5
secured as part of the planning, recognizing that a
preliminary plan would not be available; once there was the
zoning and it was annexed, there could be no development of
a single portion until the entire plan was developed.
Mr. Bodenstein stated that, although they are not going to
fully land plan the property other than the church, the
architects are going to prepare concept plans to show what
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could be done with the remaining property given the zoning
designation.
Trustee O'Malley stated that the Plan Commission has
requested a concept plan to see what is viewed for the
remainder of the property.
President Clayton asked if there was any concern or
objection from the Board that the Plan Commission continue
on in this direction; there was none.
Mr. Balling reviewed the commercial shopping center COMMERCIAL SHOPPING
occupancy survey and future commercial planning in Buffalo CENTER OCCUPANCY
Grove, details of which are contained in his memo to the SURVEY
Board of September 14, 1989.
Mr. Balling stated that prospective commercial developers
will be informed that they will be providing marketing
surveys to the Village for evaluation.
Moved by Reid, seconded by Glover, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 10:20 P.M.
Jane . Sirabian, Village Clerk
APPROVED BY ME THIS •� %Y&
DAY OF .24 , 1989.
V age President