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1987-07-06 - Village Board Regular Meeting - Minutes 7151 7/6/87 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JULY 6, 1987 President Clayton called the meeting to order at 7:39 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President Clayton; ROLL CALL Trustees Glover, Reid, Shields, Kowalski, and Shifrin. Trustee Marienthal was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Gregory Boysen, Director of Public Works; Richard Kuenkler, Village Engineer; Bob Pfeil, Village Planner; Carmen Molinaro, Director of Golf Operations; and Paul Kochendorfer, Village Treasurer. Moved by Glover, seconded by Reid, to approve the minutes APPROVAL OF of the June 15, 1987 Regular Meeting. Upon roll call, MINUTES Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Kochendorfer read Warrant #600. Moved by Glover, WARRANT #600 seconded by Reid, to approve Warrant #600 in the amount of $1,241,575.77, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. President Clayton appointed Dr. Mark Ryerson to the Board of BOARD OF HEALTH Health for a term to expire 4/30/89. Moved by Reid, seconded by Glover, to concur with President Clayton's appointment. Upon voice vote, the motion was unanimously declared carried. Trustee Shifrin reported on some activities of the Bicentennial BICENTENNIAL Commission to Commemorate the U. S. Constitution Committee, CONSTITUTION including a concert on Friday, July 3, 1987 by the Buffalo COMMITTEE Grove High School Band, after just returning from a concert tour in Europe. The Committee will be taping Historical Minutes by various personalities in the Village, as well as unveiling the 10' replica of the Consitution to be signed by members of the Village. President Clayton thanked Trustee Shifrin for chairing the Committee, and asked him to thank the entire Committee for their efforts. 7152 7/6/87 Mr. Jay Strigel of Donohue & Associates, reviewed his letter SANITARY SEWER to Mr. Boysen regarding the update on payments to contractors REHABILITATION of July 6, 1987. PROJECT Trustee Reid stated that the sod which was recently laid seems to be dying; Mr. Strigel stated that it, in fact, is dying, and will be taken care of. Moved by Glover, seconded by Reid, to approve the partial payment to Ziegler & Son in the amount of $23,831.87. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Glover, seconded by Reid, to approve payment to Gustafson Excavating, Inc. in the amount of $189,402.03. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Balling reviewed the Fiore Golf Course Construction schedule, FIORE GOLF stating that it is not feasible to open for any play during the COURSE CON- 1988 season. STRUCTION The Appropriation Ordinance on the golf course will be brought SCHEDULE before the Board at the July 20, 1987 Regular Meeting. Mr. Balling commented on the various possibilities for the name of the new golf course. Staff recommends naming the course either The Aboretum Golf Club or The Arbor Creek Golf Club. Trustee Reid stated that he would prefer to see a name more closely associated with the Village of Buffalo Grove. Trustee Shifrin stated that he would like to see some more choices. Trustee Glover agrees with Trustee Reid, as does Trustee Shields. Trustee Kowalski likes The Arboretum Golf Club. Mr. Balling stated that there will be a Special Meeting on FUTURE AGENDA Monday, July 13, 1987. PUBLIC HEARING - THIRD AMENDMENT TO THE FIORE ANNEXATION AGREEMENT President Clayton read from the Notice of Public Hearing which was published in the Buffalo Grove Herald on June 19, 1987; she called the Public Hearing to order at 8:03 P.M. President Clayton then stated the purpose of the Public Hearing. Mr. Balling stated that this Public Hearing is on an Annexation Agreement Amendment, to deal with a specific issue, i.e. one-acre houses on the Fiore Development; a request was received from the builder to consider a rear yard reduction from a 100' minimum to a 70' minimum; the developer previously pointed out the limitations with a 100' minimum. After research, it was determined by staff 7153 7/6/87 that Buffalo Grove had the most extensive minimum of surrounding communities. The builder of the homes has stated that a 70' minimum would accommodate the largest homes which he wishes to build. Staff believed that the most appropriate way to deal with this request would be through an Annexation Agreement Amendment granting a reduction of the rear year in R-E 1-acre, 1-family dwelling to 70' . ! President Clayton asked if there were any groups or agencies wishing to give testimony; there were none. President Clayton asked for questions or comments from the Board or the audience; there were none. President Clayton closed the Public Hearing at 8:05 P.M. 1 President Clayton asked if there were any questions from the QUESTIONS FROM audience; there were none. THE AUDIENCE President Clayton explained the Consent Agenda, stating that any CONSENT member of the audience or the Board could request that an item AGENDA be removed for full discussion; there were no such requests. Moved by Shifrin, seconded by Glover, to approve Ordinance ORDINANCE #87-49, an ordinance amending Title 10 of the Code designating #87-49 "No Parking" on the east side of Regent Drive, Bernard to Plum (No Parking) Grove Circle and the east side of Fremont Way, Fairfax to heritage. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to approve Resolution RESOLUTION #87-33, a resolution approving a letter agreement for engineering #87-33 services related to the preparation of an MSD Infiltration/Inflow (Agreement for Corol Action Program report. Upon roll call, Trustees voted as Engineering follows: Services AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to approve Resolution RESOLUTION #87-34, a resolution for improvement by municipality under #87-34 Illinois Highway Code; said resolution allocates MFT funds to (Street cover the Village's share of improvements to Hazelwood and Dog- improvements) wood Terraces, and same to authorize bidding for the project. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to approve Resolution RESOLUTION #87-35, a resolution authorizing an agreement between the Village #87-35 and the Illinois Department of Central Management Services as it pertains to conformance to merit system standards and the salary reimbursement of Buffalo Grove's ESDA Clerk/Stenographer. 7154 7/6/87 Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to approve the Certificate WINDFIELD of Final Acceptance with attending conditions for Windfield, (Final Units 1, 2B and 3. The Village Engineer recommends approval. Acceptance Upon roll call, Trustees voted as follows: Units 1, 2B AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin and 3) NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to accept the Administrative ADMINISTRATIVE Agreement between the Village and the Illinois Department of AGREEMENT Central Management Services as it pertains to conformance to merit system standards and the salary reimbursement of Buffalo Grove's ESDA Clerk/Stenographer. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to accept the Landscape TOWN CENTER Easement Agreement for the Town Center. The Village Engineer (Landscape recommends approval. Upon roll call, Trustees voted as follows: Easement) AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to accept the Appearance TOWN CENTER Commission recommendation for the Town Center retail landscaping. (Retail The Appearance Commission recommends approval of these aesthetic landscaping) elements. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to accept the Appearance OAK CREEK III Commission recommendation reference Oak Creek III, Buffalo Grove (Ground Sign) Road temporary ground sign. The Appearance Commission recommends approval of this aesthetic element. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. 7155 7/6/87 Moved by Shifrin, seconded by Glover, to accept the Appearance STERLING Commission recommendation for Sterling Greens at Fiore, sales GREENS - FIORE trailer and ground sign. The Appearance Commission recommends (Aesthetics) approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to accept the Appearance WOODLANDS AT Commission recommendation for the Woodlands at Fiore, ground FIORE sign. The Appearance Commission recommends approval of this (Ground Sign) aesthetic element. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Shifrin, seconded by Glover, to accept the Appearance CHATHAM Commission recommendation for Chatham multi-family East, Weidner MULTI-FAMILY and Dundee Roads, architecture/materials and landscaping. The EAST Appearance Commission recommends approval of these aesthetic (Aesthetics) elements. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Herbert Linn of Peterson & Haupt, representing Otis Develop- CROSSING ment Company, is here today to present to the Board its plan for CENTER a planned development under the B-3 zoning classification of the REZONING Village. Mr. Linn gave a brief background of the developer. Mr. Linn stated that, approximately 15 years ago, Otis Associates designed the Crossings Development, and as part of that development, a portion was set aside for commercial development, consisting of 12 acres, and in all proposals presented to the Board at that time, commercial was the designated classification. Staff and the developer both have different drawings which, in each case, show the site as commercial. Subsequently, the zoning on the parcel lapsed because no development proceeded; however, the Comprehensive Plan of the Village of Buffalo Grove has called for commercial development on that 12-acre site. The developer appeared before the Board in January, and at that time it seemed that the Board felt that commercial development was the right use for the 12-acre parcel; the proposal was referred to the Plan Commission. 7156 7/6/87 Mr. Jack Sturgeon of Otis Associates briefly reviewed the specifics of the plan, which is shown as Alternate #1, which was approved by the Plan Commission; the site encompasses 12 acres along the west side of Arlington Heights Road; the concept is a specialty shopping center with small modular shops clustered around a pond; there is a pedestrian link which runs from north to south; the parking is dispersed around the perimeter of the site; the total developed square footage is approximately 105,000 square feet; the total parking is for 500 cars. The parking scheme would allocate the cars to two separate parking areas, one at the northeast corner and one at the southeast corner; these areas are entered through a major entrance off of Arlington Heights Road approximately 400' north of Heritage Place, with a secondary entrance off of Fremont Way; there is an access road along the western perimeter of the parcel, which contains the rest of the parking, and gives access to the loading and service areas of the project; there will be a landscape buffer around the perimeter, and would also feature landscaping internally. The architectural look of the center would be residential, with 1,800 to 2,000 square foot modules which would be single story or one and one-half story; there is an 8,400 square foot footprint toward the northern end, and a 35,000 square foot footprint toward the southern end, and a 6,000 square foot area which has been identified as restaurant use. Mr. Sturgeon showed a drawing depicting the residential character of the center, and also stated that the stores would have two "fronts"; he also displayed a drawing showing a view of the center across the pond from the restaurant. Mr. Tom Vusinic, Executive Vice President of Otis Development described the type of stores to be in the center, which would be small, specialty-type shops. For the record, President Clayton commented on several petitions which had been received by the Board: . . .88 signatures in support of the center; . . .20 signatures in support of the center; . . .62 signatures in support of the center; . . .39 signatures (20% of the frontage property owners) protesting the center; this particular petition requires the extra majority vote of the Village Board; . . .625 signatures protesting the center; . . .9 signatures protesting the center . . .1 letter protesting the center. The above petitions are on file in the Clerk's office. Mr. Balling then reported on the three reports compiled, i.e. : 1. Comparision of alternate land uses. 2. An updated report from the traffic consultant to evaluate alternatives. 3. A second appraisal submitted by an appraiser which the Village obtained to evaluate: a. highest and best use of the property, b. prospects of valued appreciation of adjacent property. 7157 7/6/87 The above reports are on file in the Clerk's office. President Clayton then read into the record a communication from Trustee Marienthal detailing his views on the proposed development; the letter is also on file in the Clerk's office. David Mattis, 1463 Chase Court, stated that there was a discrepancy in one of the petitions, which stated that 62 people in favor of the center had previously signed a petition opposing the center; Mr. Mattis stated that only 21 of the names on the new petition had previously signed an opposing petition. Mr. Mattis then made a statement opposing the development, which included comments as follows: . . .Dispute of the "Special Use" critera in the Zoning Ordinance, which the residents do not believe are being adhered to; . . .Inadequate sound barrier and screening of noise, light, and smells from the shopping center to the residential area; . . .Inadequate emergency access, and possible difficulty in hooking up equipment if there is fire in the interior of the center; . . .Dr. Willard's statement urging the Board to work with residents to come up with some appropriate use of the land; . . .Increased traffic; . . .Inadequate berming and lack of open space and recreational facilities; . . .Development will have detrimental effect on the neighborhood; . . .Development will become a teenage hang-out; . . .Development deos not comply with the Zoning Ordinance; . . .Residential use seems to be the only use which will fit this land; . . .According to the Master Plan, there should be a reasonable balance between residential and commercial. Carol Stops, 1002 Fremont Way, read a prepared statement opposing the center; this statement is on file in the Clerk's office. Elliott Hartstein, 908 Providence Lane, made a statement opposing the development, including the following points: . . .A review of the history of various land use instances in the community; . . .Traffic burden - it is the responsibility of the Board to take increased traffic into consideration when looking at any development; . . .Although this property was intended to be commercial, and was appropriate at that time, times have changed, and it is no longer necessary; . . .Development will be detrimental to the success of the Town Center Development; 7158 7/6/87 . . .Residential housing should have a minimum of intrusion from non-residential land uses and traffic; . . .It does not make sense to turn every intersection into a commercial jungle; . . .The development should be rejected because he believes that it is in the best interest of the entire Village of Buffalo Grove; . . .With regard to the fiscal impact for School District 96, there is very little difference to that District in terms of multi- family or commercial development; . . .Now is not the time for this Board to turn its back on the citizens, the Town Center, and the traffic problem - the answer must be "No" to changing from residential to commercial; . . .Alternate #1 was not the plan which was published 30 days prior to Public Hearing; . . .Residents were led to believe that the developer was not planning on proceeding with the plan incorporating a food store; . . .Mr. Hartstein commends Mr. Otis for making progress; . . .No commercial plan makes any sense on this particular parcel; a commercial plan of this type would make sense in another portion of the Village. Dean Graham commented in opposition to the center: . . .Comments on the appraisals; . . .Loading docks and trash bins are too close to the homes; . . .With regard to the Plan Commission vote, twu of the "No" votes were opposed because of the food store, which is in the plan being presented; . . .Fiscal impact table does not take into consideration the amount of money that residents of multi-family housing would bring to the Village in shopping dollars, besides the tax dollars; . . .Sound of the trucks will be too close to residents; . . .Shopping center traffic will use residential roads. Monte Belger, 1044 Providence, spoke in opposition to the center: . . .Loading docks are less than 100' from adjacent homes; . . .Multi-family residential development will have a positive fiscal impact; . . .Commercial development will generate nine times the traffic that would be generated by residential; . . .Decrease in property values; . . .Board has to consider what is best for the property today, not 10 years ago; . . .Quality of life for surrounding residents will be better served by residential. 7159 7/6/87 Jack Edny, 960 Burgess Circle, spoke with regard to the value of the surrounding homes, stating that the report done underestimated the value of those homes. Richard Kidder asked a question regarding zoning, which was answered by Mr. Balling. Jeff Gilman, 895 Newport Court, commented on the decreased value of the surrounding properties. Karen Larson, 1279 Farnsworth, stated that Fremont Way makes a circle, which will encourage shopping center traffic to use residential streets to enter and exit the center; she believes it is a magnificent shopping center and should be located elsewhere in the Village; because of the fact that Fremont Way makes a circle and affects all residents of the Crossings, everyone is represented, rather than just perimeter residents. John Wakeland, 1500 Anderson Lane, made a statement in support of the proposed center, stating that he always knew this property was designated as commercial property, and that this is a quality develop- ment which has the input of residents and would be of economic benefit to the entire Village; he encouraged the Board to accept the Plan Commission recommendation and approve the Crossings Center, Alternate #1, for the benefit of the Village of Buffalo Grove. Jim Schaffer, 893 Newport, commented on reduced property values and reduced assessments, and also on the percentage of occupancy of the proposed center; he commented on the Traffic Report and the increased traffic at the intersection of Route 83 and Arlington Heights Road. Clarice Rech commented that, when this property was originally zoned commercial, it was wise and prudent, but is not necessary any more; Buffalo Grove has changed over the years; there must be a balance of commercial and residential; she urged Mr. Otis to consider developing this center in another portion of the Village. Mr. Carmignani lsummarized the reports and studies which were submitted to the Plan Commission regarding this development. Mr. Carmignani and Mr. Balling then answered numerous questions from the audience with regard to the traffic situation. In Esponse to a question from Larry Sils, Mr. Raysa explained the legal rights of the property owner to petition the Village Board; that petition then must be reviewed by the Village Board; he also reviewed his letter of June 29, 1987 to Mr. Balling regarding La Salle Factors in Zoning, which are the determining factors in a court's review on whether there was proper or improper rezoning of a property. A resident of Providence Lane commented that he believes the reason for this development is to make a lot of money for the Village. Hank Watson, 1516 Anderson Lane, conwiented on the impact studies done; stated that the closest point of the loading docks is at least 150' from the residences; he believes that this is a unique shopping center; he believes the traffic issues can be addressed; there are residents who support the shopping center and would like to see it built. 7160 7/6/87 A resident stated that the proposed shopping center is adjacent to a park and will jeopardize the children of the area. Susan Person, 1201 Bristol, stated that the corner on which she lives is directly across the proposed center, and is a school bus stop, where the children play in the street and will be in danger from the drivers from the shopping center. Susan Sizel stated that putting a light at Heritage Way would not solve the problems, since the congestion occurs at Fremont. Jim Shaffer asked the Board members to state their opinions regarding this development. President Clayton asked if there were any questions or comments from the Board or the developer. Moved by Reid, seconded by Glover, to pass Ordinance #87-50, approving a rezoning of the R-1 single family district to the B-3 Planned Business Center District as a P.U.D. and approving a preliminary for the Crossings Center at Arlington Heights Road and Fremont Way. Mr. Raysa pointed out several technical changes in the proposed ordinance; there were no concept changes. Mr. Linn asked for a copy of the draft ordinance, which was provided for him for review by President Clayton. In response to a request from Clarice Rech, Mr. Raysa explained the requirement for 20% of adjacent property owners to force a 2/3 affirmative vote by the corporate authorities to pass an ordinance. Mr. Linn asked for clarification of "fast food"; Mr. Raysa commented that sandwich shop or deli would be included in the "fast food" definition. Trustee Reid amended the motion to make it subject to Mr. Raysa adding language defining "fast food" and also subject to the technical changes pointed out by Mr. Raysa; Trustee Glover seconded the amendment. Upon roll call, Trustees voted as follows: AYES: 0 - None NAYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin ABSENT: 1 - Marienthal Motion defeated. Mr. Otis stated that he had requested that the Board vote on the previous plan as a matter of legal procedure; he would now like the Board to consider this plan without the food store, and the con- tinuation of small specialty shops instead; increasing the buffering around the perimeter of the site and to provide 60-80' of green area, and to reduce the center by 5,000-10,000 square feet. Mr. Otis stated that they do have a food store anchor signed, and the only way to eliminate the food store would be to have it voted down; he then showed the plan with the food store eliminated, and 7161 7/6/87 small specialty shops in its place, said plan to be noted as Alternate #3, which they believe addresses the major concerns of the residents and the Village; they do intend for this parcel to be a commercial center, and will exhaust all avenues to do so. Mr. Otis asked that the Board allow them to petition the Plan Commission with the change eliminating the food store; he does not believe that this center will in any way be in competition with the Town Center, or any other center, since there is no other center like this. A resident asked if the developer could consider making both entrances into the center on Arlington Heights Road. Moved by Shifrin, seconded by Reid, to refer the request of Otis and Associates for the revised plan to be returned to the Plan Commission for review and Public Hearing. Mr. Hartstein asked the Board to let the developer know their opinions and concerns. Carlene Kreiter, 1332 Fairfax, stated that the residents do not want any type of commercial; they want residential. Carol Stops stated that the original petition was against any shopping center; she also asked if the original petition would suffice. Mr. Raysa stated that a new petition should be obtained for at least the 20% of the adjacent property owners in order to require a 2/3 majority vote. A resident stated that they do not want any type of a shopping center. Peg Mettendorf, 1017 Chambliss, noted the number of empty stores in the Village, and questioned the need for another shopping center. A resident stated that he does not think these specialty shops can compete with Long Grove. Jim Shaffer stated that the Board make it clear to the developer that the residents will be involved in every session. Trustee Glover stated that he does not have any concerns that have not been mentioned; he does not believe residential would be eutopia; he believes Mr. Otis should have the opportunity to be referred to the Plan Commission; he pointed out that, just because this development is referred to the Plan Commission, it does not mean automatic approval by the Village Board. Trustee Reid concurred with Trustee Glover, stating that he believes Mr. Otis has a right to be referred to the Plan Commission. Trustee Shields agrees with Trustee Glover and Trustee Reid, but he cannot see the need for another shopping center. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Glover, Reid, Shields, Shifrin NAYES: 1 - Kowalski ABSENT: 1 - Marienthal Motion declared carried. 7162 7/6/87 In answer to a question from Clarice Rech, Mr. Raysa stated that the only petition which needs to be obtained again is the 20% of the adjacent property owners, not the petition with 625 signatures. In response to a request from Mr. Hartstein, President Clayton reviewed the procedure which will be followed. Mr. Mattis referred to Trustee Marienthal's letter, noting that he believes there needs to be a workshop meeting. President Clayton stated that she is sure that the developer will have all changes incorporated before Public Hearing. Trustee Glover pointed out how much the Village and the Board appreciates the work of the Plan Commission, and apologized for any harrassment they may have been subjected to. Carol Stops asked that, when this subject is again on the agenda, it be placed early in the evening. President Clayton declared a recess from 11:30 - 11:42 P.M. RECESS Mr. Balling reviewed the proposed ordinance. DOJUTREK Mr. Dojutrek explained their reasons asking for the deletion PROPERTY of Paragraph 4. , a. , b., c. , on Page 2 of the proposed ordinance; ORDINANCE they would like to possibily build a home for their daughter on #87-50 the property without loss of the non-conforming use. Mr. Raysa reviewed the history of this non-conforming use. Mr. Balling reviewed the request of the property owner. Trustee Shields stated that there have been instances where the Board has done the same thing being asked by these property owners, and stated that the Village has paid a bitter price for it. Trustee Shields stated that he is sympathetic to the Dojutreks, but he cannot imagine voting in favor of their request. Mr. Raysa pointed out several technical changes to the proposed ordinance. Moved by Shields, seconded by Reid to approve Ordinance #87-50, approving a preliminary plan the Dojutrek Property, 940 E. McHenry Road as written, including the changes outlined by Mr. Raysa and including Paragraph g. President Clayton stated that if any Board members wish to have Paragraph 4. , a. , b. , and c. deleted, they would vote "NO" on the motion. Upon roll call, Trustees voted as follows: AYES: 4 - Glover, Reid, Shields, Shifrin NAYES: 1 - Kowalski ABSENT: 1 - Marienthal Motion declared carried. Mr. Raysa explained the significance of the vote for the Dojutreks. Mr. and Mrs. Dojutrek commented to the Board on the hardship which has been placed on them. 7163 7/6/87 Moved byReid, seconded byGlover, to authorize biddingfor ARBORETUM the Arboretum Golf Course irrigation well. Upon roll call, GOLF COURSE Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Raysa reviewed the Siefert/Park District settlement and SIEFERT/PARK waiver of recapture fees; he is requesting that the Board pass DISTRICT the authorized settlement, knowing that it may never come about. Mr. Raysa explained the request of Anden to pay the $12,000 fee, which is detailed in his letter to Mr. Balling of June 29, 1987. In answer to a question from Trustee Glover, Mr. Raysa explained the agreement between Anden and the Park District. Trustee Glover asked about the exposure of the Village in a court case if this cannot be settled out of court; Mr. Raysa responded that that figure would be approximately $1,000. Mr. Raysa stated that the Park District has stated that they will pay the recapture. Mr. Balling stated that this provides for a waiver of 5%; he hopes to get Anden to drop the $12,000 request. Moved by Glover, seconded by Reid, to approve this settlement agreement. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Brimm reviewed his memo to Mr. Balling of June 23, 1987 GROUP HEALTH with regard to the Village's Group Health Insurance Program. INSURANCE Moved by Glover, seconded by Reid, that the Village's health, PROGRAM dental and life insurance program be terminated with CNA Insurance as of August 1, 1987 and turned over to the IPBC for a term of three years. Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. Moved by Glover, seconded by Reid, to pass Ordinance #87-51, ORDINANCE approving the Third Amendment to the Fiore Annexation Agreement, #87-51 granting a variance to Section 17.40.020.B.of the Code to allow (Fiore) a minimum rear yard setback in the R-E District to 70' . Upon roll call, Trustees voted as follows: AYES: 5 - Glover, Reid, Shields, Kowalski, Shifrin NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. I� I I I I I � / I \� �` i I t �I ICI I I i I i V 7164 7/6/87 Moved by Glover, seconded by Reid, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimouslydeclared carried. P The meeting was adjourned at 12:20 A.M. 04„-1- . eA.,v1,13-4.A2„. Jane. Sirabian, Village Clerk APPROVED BY ME THIS 4C) DAY OF , 1987. Village President