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1988-03-07 - Village Board Regular Meeting - Minutes 7327 3/7/88 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLABE HALL, MARCH 7, 1988 President Clayton called the meeting to order at 7:30P.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, Shields, and Kowalski. Trustee Shifrin was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Greg Boysen, Director of Public Works; Ray Rigsby, Superintendent of Public Works; Frank Hruby, Director of Building & Zoning; Richard Kuenkler, Village Engineer; Robert Pfeil, Village Planner; Police Chief McCann; Fire Chief Winter; and Brian Rubin, Village Treasurer. Moved by Glover, seconded by Marienthal, to approve the APPROVAL OF MINUTES minutes of the February 22, 1988 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 4 - Glover, Marienthal, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin ABSTAIN: 1 - Reid Motion declared carried. Mr. Rubin read Warrant ##616. Moved by Marienthal, seconded WARRANT #616 by Reid, to approve Warrant #616 in the amount of $772,248.77, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Shields, Kowalski, Reid NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. President Clayton recognized Police Sergeant John Crimmins RECOGNITION for his 20 years service to the Village, and presented (Sgt. Crimmins) Sergeant Crimmins with a gift from the Village. Li President Clayton read Proclamations for both Wheeling and PROCLAMATIONS Adlai Stevenson High Schools for their receipt from the United States Department of Education for the national Excellence in Education award, and congratulated both schools. Mr. Balling noted that the Village has once again received CERTIFICATE OF the Certificate of Achievement for Excellence in Financial ACHIEVEMENT Reporting from the Government Finance Officers Association, 7328 3/7/88 stating that this is the 7th consecutive year in which the Village has achieved this award; he then presented the plaque to President Clayton. President Clayton thanked Mr. Balling and asked him to convey the appreciation of the Board to the staff for the fine work which has been done. President Clayton then read and presented the Award of Financial Reporting Achievement to Mr. Brimm; she thanked Mr. Brimm for the work he has done for the Village. President Clayton stated that the presentation of the Budget FY 1988-89 BUDGET will be moved to the latter part of the meeting. President Clayton asked if there were any questions from the QUESTIONS FROM THE audience; there were none. 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 Reid, to pass Resolution #88-8 RESOLUTION #88-8 amending personnel rules for the Village of Buffalo Grove. (Personnel Rules) Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. President Clayton proclaimed the week of March 6-12, 1988 as PROCLAMATION Girl Scout Week in Buffalo Grove. Moved by Glover, seconded by Reid, to concur with President Clayton's proclamation. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. Moved by Glover, seconded by Reid, to approve the award of AWARD OF BID bid of the Voice Logging Equipment for the Police (Voice logging Department. Equipment) Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. Moved by Glover, seconded by Reid to approve the EASEMENT authorization to vacate easement of Old Farm Village Unit 8. (Old Farm Village) 7329 3/7/88 The Village Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. Moved by Glover, seconded by Reid to approve the Plat of PLAT OF DEDICATION Dedication for The Woodlands at Fiore, Unit 1. The Village (Woodlands at FiorE Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. Moved by Glover, seconded by Reid to accept the Zoning Board ZBA APPROVAL of Appeals approval of Pulte Home Corp., Cherbourg entrance (Cherbourg) monuments - variance to Section 14.20.O10B of the Sign Code. The ZBA recommends approval. Upon roll call, Trustees voted as follows: AYES 5 - Glover, Reid, Shields, Kowalski, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. Mr. Raysa presented a brief run-down of the proposed ANNNEXATIONS annexations on tonight's agenda, and explained the connection of these five annexations; the parcels he reviewed were: 1. Seidl Nursery/Glauner parcel 2. Amli 88 parcel 3. Billings parcel PUBLIC HEARING - AMLI 88 President Clayton called the Public Hearing to order at 8:05 P.M. , and then read from the Notice of Public Hearing which was published in the Buffalo Grove Herald on February 20, 1988; she also noted the purpose of the Public Hearing. President Clayton swore in the following people to give testimony: Gregg Zale, Developer; James S. Gordon, Attorney; Donald Manhard, Jr. , Consulting Engineer; and Mario Crestani, Balsamo-Olson. Mr. Crestani made a presentation to the Board, referring to Exhibit A, dated February 24, 1988. Details of Mr. Crestani's presentation are contained in Mr. Pfeil's memo to Mr. Balling of March 4, 1988, to which the Plan Commission recommendation is also attached. 7330 3/7/88 President Clayton asked if there were any statements from any other agencies or Villages; there were none. President Clayton asked if there were any representatives from the Park District or the school districts; there were none. Trustee Reid asked if the proposed site is acceptable to the school district; Mr. Zale stated that Mr. Bedrosian from School district ##103 would prefer the southern school site, but would agree to either site. Trustee Reid then asked if the Village had it in writing that either site would be acceptable; Mr. Balling responded that the Village did not have same, and that it was yet to be brought before the school board. Trustee Reid stated that the proposed site does not seem to be acceptable as a school site, as it does not begin to conform to the standard which any school would consider for a school site. If the title were to remain with the Village of Buffalo Grove, he might be willing to consider it, but he is very disappointed that there has not been more of a dialogue on a formal basis with the school district. Trustee Glover shares the same concerns as Trustee Reid; he is concerned as to the grading and maintenance of a school site; he has reluctance from a planning standpoint to setting this aside for a long-term period. Trustee Marienthal shares the same school site concerns; he also has a question with reference to the Development Ordinance, specifically the wetlands; he suggested moving the school site northward, so that there is not less than an acre of land as a park. In answer to a question from Trustee Glover, Mr. Raysa stated that the Village has the final decision as to whether there is a land or cash donation under Title XIX. Mr. Raysa pointed out that, in the Exhibits, Alternative A is actually Exhibit B, and Alternative B is actually Exhibit C, and the Preliminary Plan dated February 23, 1988 is Exhibit A. President Clayton asked if there were any questions or comments from the public. John Knauth, 16637 Park Avenue, asked a question regarding the taxation on Second Street, to which Mr. Raysa replied that he did not know the answer. Mr. Knauth also stated that they would like to keep construction traffic off of Park Avenue; Mr. Crestani stated that that would not be a problem. 7331 3/7/88 President Clayton recessed the Public Hearing at 8:39 p.m. until the ordinances are finalized. PUBLIC HEARING - AMLI 50 ACRES President Clayton re-opened this Public Hearing at 8:39 p.m. this Public Hearing was continued from December 21, 1987, and then again from January 18, 1988, and then it was re- published and the Notice of Public Hearing was in the Daily Herald on February 20, 1988, President Clayton read from the Notice of Public Hearing; the purpose of the Public Hearing has already been stated. President Clayton swore in the following people to give testimony: Gregg Zale, Developer; James S. Gordon, Attorney; Donald Manhard, Jr. , Consulting Engineer; Mario Crestani, Balsamo-Olson. Mr. Crestani made a presentation to the Board regarding the subject property, stating that the developer is proposing R-1 zoning, which is 20,000 square foot minimum, located south of Route 22 and west of Buffalo Grove Road extended and west of the Fiore property; it is now zoned as Agricultural in the County; the access points are off of Buffalo Grove Road extended and through the north end of the Glauner property; there are 27 lots, with the average lot being 36,000 square feet and the minimum being 27,000 square feet; there is a large 20 acre park site donation which is being given for both the Amli 88 and the Amli 50, which was a request from the Park District; the project density would be 1/2 unit per acre. Plan Commissioner Krug stated that the Long Grove residents adjacent to the property are in favor of a passive park site. President Clayton asked if there were any other agencies, Villages, Park District or school districts who wished to give testimony; there were none. President Clayton asked if any members of the Village Board or the public wished to give testimony; there were none. President Clayton recessed the Public Hearing at 8:45 p.m. , until later in the meeting when the ordinances are considered. PUBLIC HEARING - SEIDL NURSERY/GLAUNER PROPERTY President Clayton re-opened the Public Hearing at 8:45 p.m. ; this Public Hearing was continued from December 21, 1987, and then again from January 18, 1988, and then it was 7332 3/7/88 republished for tonight, and that Notice of Public Hearing was in the Daily Herald on February 20, 1988; President Clayton read from the Notice of Public Hearing; the purpose of Public Hearing has already been stated. President Clayton swore in the following people to give testimony: Gregg Zale, Developer; James S. Gordon, Attorney; Donald Manhard, Jr, Consulting Engineer; Mario Crestani, Balsamo-Olson. Mr. Crestani made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of January 15, 1988; he referred to the Revised Site Plan, Exhibit A dated February 24, 1988, and to the Wetlands, Exhibit X dated February 24, 1988. President Clayton asked if there was any testimony from other Villages, the Park District, or any school districts; there were none. In answer to a question from Trustee Glover, Mr. Pfeil stated that no staff concerns were expressed with regard to the length of the cul-de-sac. Trustee Glover asked if the bike path should be paved or have any special treatment; Mr. Kuenkler said it should be considered. Trustee Glover asked that this be carefully considered by the Plan Commission; Mr. White stated that they are aware of potential problems and the situation will be properly addressed. Mr. Zale stated that the ownership of the lake could be either private or public. In answer to a question from Trustee Reid, Mr. Pfeil stated that he believes that the Park District will take and maintain both sides of the Creek as long as they have access to same. Trustee Marienthal asked a question regarding the Prelim- inary Street and Drainage Plan; Mr. White and Mr. Kuenkler responded to Trustee Marienthal. President Clayton asked if there were any questions from the public. Bob Collins, 5 University Court, asked for an explanation of where the water in the area would go; Mr. White and Mr. Kuenkler responded to Mr. Collins. President Clayton recessed the Public Hearing at 9: 10 p.m. until later in the meeting when the ordinances are passed. Moved by Reid, seconded by Glover, to pass Resolution ##88-9, authorizing continued participation in the Northwest 7333 3/7/88 Municipal Conference Solid Waste Management Plan. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Kowalski, Reid, Shields NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. President Clayton introduced the proposed ordinance; she ORDINANCE #88-22 stated that, on page 5 in Section Three, to fill in the (NWMC Solid Waste blanks, she will be the Village's Director, and William Balling will be the Alternate Director. Mr. Balling suggested that the ordinance be passed, leaving the blank in Section 1 on page 4, on the proviso that the Village Manager insert the proper percentage on April 15, 1988, and in no event, a percentage higher than 7.75%. 1 Mr. Raysa stated that the Agreement should be labeled Exhibit 1 to the ordinance, and the Interim Agreement should be labeled Exhibit 2 to the ordinance. Moved by Marienthal, seconded by Reid, to pass Ordinance #88-22, approving and authorizing the execution of an Agreement establishing the Solid Waste Agency of Northern Cook County as a Municipal Joint Action Agency and approving and authorizing the execution of an Interim Project Use Agreement, with the changes noted above, Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. President Clayton stated that all of the proposed ordinances ORDINANCES will be reviewed, with questions being taken on each one, and Mr. Raysa making changes and/or revisions where necessary; after this review, each ordinance will be voted upon separately. At 9:34 p.m. , it was moved by Reid, seconded by Glover, to ORDINANCE #88-23 pass Ordinance #88-23, approving the Seidl Nursery Property (Seidl-annexation Annexation Agreement. Upon roll call, Trustees voted as Agreement) follows: AYES: 5 - Reid, Glover, Kowalski, Shields, Marienthal NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:34 p.m. , it was moved by Reid, seconded by Marienthal, ORDINANCE #88-24 to pass Ordinance #88-24, annexing the Seidl Nursery (Seidl-Annexation) �1 u 7334 3/7/88 Property to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Marienthal, Glover, Kowalski, Shields NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:35 p.m. , it was moved by Marienthal, seconded by Reid, ORDINANCE #88-25 to pass Ordinance #88-25, amending the Comprehensive Zoning (Seidl-Zoning) Ordinance by classifying the Seidl Nursery Property into the R-2 (one family dwelling) District. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Shields, Kowalski, Glover. NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:35 p.m. , it was moved by Reid, seconded by Marienthal, ORDINANCE #88-26 to pass Ordinance #88-26, as corrected by; the Village (Commonwealth Attorney previously, annexing the Commonwealth Edison Edison) Property to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Marienthal, Shields, Kowalski, Glover NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:36 p.m. , it was moved by Reid, seconded by Glover, to ORDINANCE #88-27 pass Ordinance #88-27, approving the Amli 50-Acre Property (Amli-50-Annexatior Annexation Agreement. Upon roll call, Trustees voted as Agreement follows: AYES: 5 - Reid, Glover, Marienthal, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:37 p.m. , it was moved by Marienthal, seconded by Reid, ORDINANCE #88-28 to pass Ordinance #88-28, annexing the Amli 50-Acre Property (Amli 50-Annexation to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Glover, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:37 p.m. , it was moved by Reid, seconded by Glover, to ORDINANCE #88-29 pass Ordinance #88-29, amending the Comprehensive Zoning (Amli-50 Zoning) Ordinance by classifying the Amli 50-Acre Property into the 1 7335 3/7/88 R-1 (one family dwelling) District. Upon roll call, Trustees voted as follows: Ayes: 5 - Reid, Glover, Marienthal, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:38 p.m. , it was moved by Reid, seconded by Glover, to ORDINANCE #88-30 pass Ordinance #188-30, including the change in language with (Amli-88-Annexatioi regard to the school site, approving the Amli-88 Acre Agreement) Property Annexation Agreement. Upon roll call, Trustees voted as follows: AYES: 5 - Reid, Glover, Marienthal, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:39 p.m. , it was moved by Marienthal, seconded by Reid, ORDINANCE #88-31 to pass Ordinance ##88-31, annexing the Amli 88-Acre Property (Amli 88- Annex- to the Village ;of Buffalo Grove, with the language "shall ation) be attached" change as recommended by the Village Attorney. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Shields, Glover, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:39 p.m. , it was moved by Marienthal, seconded by Glover ORDINANCE #88-32 to pass Ordinance ##88-32, amending the Comprehensive Zoning (Amli 88-Zoning) Ordinance by classifying the Amli 88-Acre Property into the R-2 (one family dwelling) District. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. At 9:42 p.m. , it was moved by Glover, seconded by Reid, to ORDINANCE #88-33 pass Ordinance #188-33, annexing the Billings Property-I to (Billings-Annex- the Village of Buffalo Grove. Upon roll call, Trustees voted ation) as follows: AYES: 5 - Glover, Reid, Marienthal,Shields, Kowalski NAYES: 0 - None ABSENT: 1 - Shifrin Motion declared carried. Trustee Shifrin arrived at this time. At 9:44 p.m. , it was moved by Glover, seconded by ORDINANCE #88-34 Marienthal, to pass Ordinance #88-34, annexing the Billings (Billings-Annex- ation) 7336 3/7/88 Property-II to the Village of Buffalo Grove. Said ordinance contains the following language in the legal description: "(excepting therefrom the North 30.00 feet thereof which is that part falling within the Port Clinton Road right-of-way) ." Upon roll call, Trustees voted as follows: AYES: 6- Glover, Marienthal, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. President Clayton closed the Public Hearings on the Amli PUBLIC HEARINGS 88-Acre Property, the Amli 50-Acre Property and the Seidl/Glauner Propetty at 9:45 p.m. Trustee Marienthal commented on the proposed sign for Subway SUBWAY SANDWICHES Sandwiches & Salads. & SALADS Moved by Marienthal, seconded by Glover, to deny the recommendation of the Appearance Commission from their meeting of January 28, 1988. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None Motion declared carried. Mr. Rubin made some introductory comments with regard to the REAL ESTATE TRANS- Real Estate Transfer Tax. FER TAX Mr. Brimm's memo to Mr. Balling of February 22, 1988 details the Real Estate Transfer Tax Proposal. After lengthy discussion by the Board, the Northwest Suburban Board of Realtors, the Chamber of Commerce and the public, President Clayton polled the Board: "Yes" indicated favor of pursuing a Real Estate Transfer Tax; "No" indicated opposition" YES: 1 - Shifrin NO: 5 - Marienthal, Glover, Reid, Shields, Kowalski Mr. Balling introduced the FY 88-89 Budget, details of which FY 88-89 BUDGET are contained in his letter to the Board of February 10, 1988. The staff then reviewed the Corporate Fund and answered questions on same from the Board. At the request of Mr. Raysa, President Clayton clarified SUBWAY SNDWICHES that the Board wishes the sign to meet the sign package. & SALADS 7337 3/7/88 Moved by Glover, seconded by Marienthal, to adjourn the ADJOURNMENT meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:30 p.m. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS ' -i at DAY OF `)) , 1988 Village President