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1989-10-02 - Village Board Regular Meeting - Minutes 7733 10/2/89 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL OCTOBER 2, 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 held on questions asked and answers were given. The following Trustees were present: Trustees Marienthal, Glover, Reid, Shifrin. The Board recessed at 7:40 B M. President Clayton called the meeting back to order at 7:45 CALL TO ORDER BIM' Those present stood and pledged allegiance to the Flag. Roll indicated the following present: President Clayton; ROLL CALL Trustees Marienthal, Glover, Reid and Shifrin. Trustees Mathias and O'Malley were absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Robert Pfeil, Village Planner; Brian Sheehan, Health Officer; and Thomas Allenspach, Fire Chief. Moved by Glover, seconded by Reid, to appoint Shirley Bates, CLERK PRO-TEM Clerk Pro-Tem. Voice vote was Aye unanimously. Moved by Glover, seconded by Reid, to approve the minutes of APPROVAL OF MINUTES the September 11, 1989 Special Meeting. Mr. Raysa suggested that future minutes include: Informal session started at 7: 15 P.M. Questions asked and answers given; the list of Trustees present. Upon roll call, Trustees voted as follows: AYES: 3 - Marienthal, Glover, Reid NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley ABSTAIN: 1 - Shifrin Motion declared carried. Moved by Marienthal, seconded by Glover, to approve the APPROVAL OF MINUTES minutes of September 18, 1989 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 3 - Marienthal, Glover, Reid NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley ABSTAIN: 1 - Shifrin Motion declared carried. 7734 10/2/89 Mr. Brimm read Warrant #654. Moved by Glover, seconded by WARRANT #654 Marienthal to approve Warrant #654 in the amount of $1,896,839.97, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Buffalo Grove will be the recipient of a portion of the new GAS TAX gas tax increase in the sum of $46,884.93 annually beginning October 1, 1989. This will be a welcome addition to the road fund. Trustee Marienthal asked when Buffalo Grove Road will be BUFFALO GROVE ROAD opened to Route 83. The lights have been activated, but the striping has not been done. Mr. Balling responded that the contractor wants to make sure all items of design, control and operation are in place. He will coordinate with Engineering and do what he can to expedite the opening. Trustee Marienthal reported that he witnessed a near head-on collision at Buffalo Grove Road and Aptakisic. Something must be done about that intersection Mr. Balling stated that efforts are underway and they involve the County. Signalization has been approved and contracted for, but it will be several months before it is activated He will keep the Board advised. President Clayton inquired about the lights at Rt. 22 and Buffalo Grove Road. Mr. Balling responded that they are under contract and should be operational by the end of the year. Striping is part of the contract. Trustee Reid asked about the status of closing Port Clinton PORT CLINTON ROAD Road? CLOSURE Mr. Balling replied that it was closed for a brief period of time and reopened. School District 96 and the bus companies complained. The work has not been completed, but the road is passable. Trustee Reid expressed concern about the cut-through traffic that is coming through Buffalo Grove streets and the safety that represents to the Buffalo Grove residents. He voted to keep Port Clinton Road closed. Mr. Balling said he would have it closed until the work is completed. 1 7735 10/2/89 Mr. Balling reported disappointing results of his DEERFIELD ROAD conferences with the Department of Transportation and the Division of Transportation about coordinating a plan with Riverwoods for upgrading Deerfield Road. The State is only bringing the bridge up to two lane design standards so that they can dedicate the road to the County. The County only carries Deerfield Road as a two lane road, so nothing will be done. Trustee Reid suggested going on record with the County and solicit input from PACE and METRA, the Rapid Transit Agencies, that could be used as support in the future. Trustee Shifrin suggested some legal alternatives. Mr. Raysa agreed to pursue a class action suit and make a report. Mr. Balling reported that Buffalo Grove has been selected by SALT INSTITUTE the Salt Institute to receive a 1989 Excellence in Storage AWARD Award. Much time was spent on its design and the finished building is environmentally safe and aesthetically pleasing. President Clayton thanked the Plan Commission, Trustee Glover and Staff for creating the salt facility. The Village is pleased. President Clayton proclaimed October 13 and 14 as Lions PROCLAMATION Candy Days and urged all citizens to lend generous support to that event. President Clayton proclaimed October 8 - 14 to be Fire PROCLAMATION Prevention Week and urged every resident of the Village to observe this week by individual attention to the cause of fire prevention. At Trustee Reid's request to seek a way to keep the Barnett BARNETT & and Boezio properties within the control of the Village, Mr. BOEZIO PROPERTIES Balling summarized the memo from Mr. Pfeil, dated September 28, 1989. It proposed to keep the property residential, keeping the truck storage as a legal nonconforming use, within a residential district. After a period of time, the use would be terminated and the property would revert back to the original zoning classification. This stipulation could be structured in the annexation agreement. This is a unique situation concerning the two properties which are well maintained. The owners are seeking relief from the problems they are having with Lake County and its application of the new Zoning Ordinance. Trustee Reid stated it would be advantageous to the Village to accommodate these property owners, with their associated businesses, and bring them into our community with a nonconforming use that would expire with the current property owner, or time limit. 7736 10/2/89 President Clayton recalled that a pre-application conference was held and the Board did not show interest in pursuing any type of petition. GLOVER - Would be interested, but suggested a public hearing be held before Staff invests time preparing the annexation agreement. MARIENTHAL - Would be interested, but would want the Village and the petitioners to agree upon the time frame for reverting back to the underlying zoning. President Clayton polled the Board: "AYE" indicates favor of pursuing annexation "NAY" indicates opposition: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: None Mr. Balling said Trustee Mathias called to specifically indicate that he was not inclined to support annexation. President Clayton directed the petitioners to fill out applications and she asked Mr. Balling to inquire if any complaints have been received before a decision is made to have a public hearing. Mr. Balling reported on the disposal of yard waste which DISPOSAL OF YARD will be banned from any landfill as of July 1, 1990. Per WASTE letter dated October 2, 1989, Buffalo Grove/Wheeling Disposal has proposed a pilot yardwaste program that would last two weeks, from October 6 - 27, 1989. The pilot area would be south of Bernard, between Buffalo Grove Road and White Pine. Residents in that area would be notified by mail that only yardwaste (and recycling items) would be picked up on Tuesday. Household garbage and large items would be picked up on Friday. The trial period will help determine how much yard waste could be collected; if a one man operation is feasible and what problems might be encountered. Since there were no objections, the letter will be prepared, and sent at the expense of the Disposal Company. There were no questions from the audience. QUESTIONS FROM THE AUDIENCE 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. Moved by Glover, seconded by Marienthal, to approve RESOLUTION #89-48 Resolution #89-48, Requesting and Authorizing the (Dissolution of Dissolution of the Lake County Joint Action Solid Waste Lake County Solid Planning Agency. Upon roll call, Trustees voted as follows: Waste Agency) �� i --- f ------- - -__ ----------- I 7737 10/2/89 AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Moved by Glover, seconded by Marienthal, to Authorize to Bid AUTHORIZE TO BID Auditing Services for the Village of Buffalo Grove. Upon (Auditing Services) 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 Glover, seconded by Marienthal, to Request a Waiver WAIVER OF BIDS of Bids - Police Radios. Upon roll call, Trustees voted as (Police Radios) follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Moved by Glover, seconded by Marienthal, to accept the FIORE-DOUBLETREE Appearance Commission Approval: Woodlands at Fiore, SUBDIVISION Doubletree Subdivision Model #2500, Units 14 and 15 - New (Aesthetics) Model. 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 Glover, seconded by Marienthal, to accept the COVINGTON CORPORATE Appearance Commission Approval: Covington Corporate Center CENTER - Landscaping for buildings 34, 36, and 51. Upon roll call, (Aesthetics) Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Moved by Glover, seconded by Marienthal, to accept the ROGERS CENTRE Appearance Commission Approval: Rogers Centre for Commerce (Aesthetics) two temporary "For Lease" signs. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. 7738 10/2/89 Moved by Glover, seconded by Marienthal, to accept the COVINGTON CORPORATI Appearance Commission Approval: Hitachi - Covington CENTER Corporate Center- (Hitachi - 1. Architecture/Materials Aesthetics) 2. Lighting/Landscaping Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Mr. Balling outlined the proposed ordinance limiting SIGN ORDINANCE political signs, per Mr. Raysa's letter, dated September 26, 1989. The proposed draft, dated September 26, 1989, permits one "For Sale" sign per yard. It also proposes signage between three (3) square feet and fifteen (15) square feet on rights-of-way and private property respectively, up to a total of fifty (50) square feet in residential districts, to deal with campaigns and election type issues. All signage, except regulatory signage, can be restricted from rights-of-ways, but a question has been raised. That is: if political signage is permitted (on rights-of-ways) , then other types of messages, protected under the first amendment may also have to be permitted. The issue is that the ordinance, as drafted, may be broader than the Board intends, because of Constitutional guarantees. Trustee Reid recommended tabling the ordinance until Trustees Mathias and O'Malley are present. Trustee Reid said he is opposed to the ordinance, because it will not clean up the political sign litter. Moved by Reid, seconded by Marienthal to table (Political Signs) . Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Mr. Balling informed the Board that because this item will not be discussed again until October 16, 1989, there may not be time to implement the ordinance before the School Board Election and Park Referendums in November. President Clayton commented that the present ordinance prohibits any signage, except regulatory signage, on the parkway, but the Village has chosen not to enforce this section Shall this practice be continued until the new ordinance is adopted? Trustee Reid responded that there should not be as much of a problem with school board elections as with regular elections. 7739 10/2/89 Mr. Balling introduced Ordinance #89-71, adding Chapter ORDINANCE #89-71 8.48, which regulates Smoking in Public Places. A public (Smoking in hearing was held, and the Board of Health has submitted the Public Places) ordinance for consideration by the Village. If the ordinance is passed, most businesses in Buffalo Grove would have to designate areas in which smoking would be permitted. The Village Campus would be affected. Brian Sheehan, Health Officer, would have the responsibility of making recommendations regarding the entire Village Campus. Mr. Sheehan was present and prepared to answer any questions. Mr. Ray Charlotte, 962 Burgess Circle, expressed his disappointment that the restaurant owners, and other people, are so unconcerned about this ordinance that they do not attend the meetings. Trustee Reid asked a question about page 2, Section H; and page 3, Section 8.48.030. Why are hallways included in the list? He is not against having designated smoking areas, but he does not consider a hallway to be in the same category as a closed room. It is an open area. Mr. Sheehan replied that hallways are included because they are public areas, used by both smokers and money-makers, subjecting the nonsmoking persons to an inordinate amount of smoke going to and from meetings. Giving owners the option of providing a separate smoking area, was better for the nonsmoking person. This hallway designation was included because it has been used in most of the other ordinances that were researched by the Baord of Health. Trustee Reid pointed out that ashtrays are provided in the Village Hall for people, who are smoking as they enter, to extinguish their cigarettes, This is common practice in this community. Both groups of people have rights. Hallways are areas open to the outside, and it is not • necessary to incorporate them in the ordinance. Mr. Sheehan said the Board of Health discussed this matter and decided to keep the ordinance uniform with others that have been adopted. Mr. Balling said the Conference Room of the Village Hall would most likely, be designated as a smoking room. Moved by Shifrin, seconded by Marienthal, to adopt Ordinance #89-71, Smoking in Public Places, adding Chapter 8.48 to the Village of Buffalo Grove Municipal Code. Moved by Reid, to delete the word "hallways" in the definition H on page 2, and from Section 8.48.030. Motion died for lack of a second. Upon roll call, Trustees voted as follows: 1 7740 10/2/89 AYES: 4 - Marienthal, Glover,Shifrin, President Clayton NAYES: 1 - Reid ABSENT: 2 - Mathias, O'Malley Motion declared carried. Petitioner, Mr. Randy Jostes, described the proposed ORDINANCE #89-72 addition to the parts/service department and new body shop (Arlington Toyota building, with an enclosed dumpster area. Parking will not p.U.D.) be changed. Additional landscaping will be added to the North and West areas. The materials will match the existing building: fluted block, drivit material and metal paneling. The proposal has been approved by the Plan Commission and the Appearance Commission. Moved byGlover, seconded byReid to pass Ordinance #89-72, approving a Preliminary Plan and Planned Unit Development for Arlington Toyota. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shifrin NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley Motion declared carried. Ordinance #89-73, Zoning Board of Appeals recommendation of ORDINANCE #89-73 variance for a Shell Oil pylon sign at 55 West Dundee (Shell Oil) Road. Moved by Reid, seconded by Marienthal, to pass Ordinance #89-73. Trustee Glover announced he would abstain. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Reid, Shifrin, President Clayton NAYES: 0 - None ABSENT: 2 - Mathias, O'Malley ABSTAIN: 1 - Glover 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 8:35 P.M Shirley Bates, Jerk Pro-tem APPROVED BY ME THIS J "4- DAY OF , 1989. z2/Z7 Village President (�'