1985-10-21 - Village Board Regular Meeting - Minutes 6730
10/21/85
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, OCTOBER 21, 1985
President Clayton called the meeting to order at 7:55 P.M. Those CALL TO ORDER
present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal, Glover, Reid, Shields, Kowalski. Trustee O'Reilly
was absent. Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; James Doyle, Assistant Village Manager;
William Brimm, Finance Director; Gregory Boysen, Director of Public Works;
Raymond Rigsby, Superintendent of Public Works; Chief McCann; James
Truesdell, Village Planner; Paul Kochendorfer, Village Treasurer
President Clayton then asked for a motion to appoint Eileen Marsh CLERK PRO TEM
Clerk Pro Tem. Moved by Glover, seconded by Reid. Upon voice vote,
motion was unanimously declared carried.
Moved by Marienthal, seconded by Glover, to approve the minutes of the APPROVAL OF
October 7, 1985 Meeting. Upon roll call, Trustees voted as follows: MINUTES
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Shields, seconded by Marienthal, to approve the minutes of the
October 14, 1985 Special Meeting. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Mr. Kochendorfer read Warrant #560. Moved by Marienthal, seconded by WARRANT#560
Glover, to approve Warrant #560 in the amount of $953, 171.74, auth-
orizing payment of bills listed. Upon roll call, Trustees voted as
follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
President Clayton appointed Walter Roth and Charles Hendricks to the FIRE & POLICE
Fire & Police Commission for terms to expire April 30, 1987. Moved COMMISSION
by Marienthal, seconded by Reid, to concur with President Clayton's APPOINTMENTS
appointments. Upon voice vote, the motion was unanimously declared
carried.
President Clayton noted the award of the Certified Cities designation CERTIFIED CITIES
by the Department of Commerce & Community Affairs to the Village of
Buffalo Grove. President Clayton extended the thanks of the Village
Board to Jim Doyle, as staff person to coordinate the project, and
also asked Mr. Balling to extend the Board's appreciation to his
entire staff for the work that was done in conjunction with this
project.
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10/21/85
Trustee Marienthal questioned staff on the progress being made on REPORTS FROM
Buffalo Grove Road, and asked what steps were being taken to ensure TRUSTEES
there would not be an increase in accidents over the winter months
due to the work on Buffalo Grove Road. Mr. Boysen responded that (Buffalo Grove Rd)
Cook County has advised that, in spite of being approximately 10 days
behind schedule on the project, they are optimistic that the 2 north
bound lanes would be completed by the end of November. They also in-
dicated that they would try to start the construction on the south end and
work north, so as to have most of it completed by the Holiday Season
for the merchants located on the south end of Buffalo Grove Road.
Trustee Reid asked what was being done about the curve sign located mid
way between Bernard and St. Mary's which indicated a 30 mph speed on that
curve, when the posted limit is 25 mph. Mr. Boysen indicated that the
Cook County engineer on the project stated he would be removing the 30 mph
sign.
Trustee Marienthal indicated concern that if this project was not com-
pleted this year, there would be problems with snow removal and increased
accidents. He requested that everything possible be done to have the
County complete this project prior to the end of the construction season.
Trustee Marienthal said that he has just found out that Dominick's (Dominick's)
plans to operate on a 24 hr. basis, and feels this is in conflict with
representations they had previously made in April 1984, to the effect
that this would not be a 24 hr. operation. Trustee Marienthal moved
that the business license for Dominick's be voided and that a closing time
of midnight be inserted. Trustee Marienthal then expressed concern over
the lighting in Dominick's parking lot. They were to be cut-off fixtures,
and he feels that cut-off fixtures were not installed on the lights now
in place. He feels the light is spilling into the neighborhood.
Mr. Thomas Roti, General Counsel for Dominick's, introduced himself and
Bill Peterson, Store Manager of the Chase Plaza Dominick's. Mr. Roti
indicated that the Dominick's representative had stated in April of 1984
that they did not contemplate a 24 hr. operation at that store at this
time, however since then, in evaluating the community and the business
environment, felt they would like to have an opportunity to see if a 24 hr.
operation could be supported in Buffalo Grove. Mr. Roti noted that
Dominick's does comply with the ordinance standards permitting 24 hr.
operation at that location, and such would like to continue to do so for
the time being. Mr. Roti then addressed the lighting problem and indicated
that, if the neighborhood felt there was a problem, Dominick's would see
what could be done to ensure the lights shone only in the parking lot.
Resident Donna Anderson, 9 Whitehall Ct. , expressed her concern with the
24 hr. operation and the lights shining into her home. She requested that
a shield be placed on the lights.
President Clayton stated that usually the Appearance Commission addresses
the lighting situation to ensure that these problems do not occur. She
asked what could be done to address this problem. Mr. Balling stated that
the Village Engineer is looking into the problem now, and it appears that
the bulb of the light extends outside of the fixture, and perhaps could
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10/21/85
be delt with by placing some sort of shield on the fixture. Concerning
the brightness of the lights, Mr. Balling suggested that perhaps the
wattage of the bulb could be lowered. Mr. Balling indicated that he
would be reporting back to the Board on the findings of the Engineer.
Trustee Reid questioned whether our current ordinance carried a standard
regarding the brightness of lighting allowed. Mr. Boysen responded that
the ordinance established a minimum lighting standard, but did not address
a maximum. Trustee Reid suggested that if the ordinance does lack such a
specification, we should take a look at including this in future ordinances.
Mr. Roti stated that he would like to commit, on behalf of Dominick's, that
they would go back to their engineers and discuss this lighting problem
and find some sort of solution to this problem.
Trustee Kowalski stated that she does not see a need for a 24 hr. operation.
Trustee Shields stated that he felt we had been cheated, since we had
received assurances that the facility would not be a 24 hr. operation, and
now, from the first day, it will be open 24 hrs.
Mr. Roti stated that Dominick's has a commitment to Buffalo Grove which is
shown in the fact that they are opening 2 stores here within 2 months, and
they have no desire to destroy the quality of life for its residents. He
requested that they be allowed to operate on a 24 hr. basis until any problems
which might arise could be identified, but if none exist, that the Village
could see a benefit from this operation in terms of sales tax and convenience
to residents.
Trustee Glover stated that he thinks we are talking about two different
things; how the store affects the neighborhood, and how the store will be
operated, and he does not think they are the same thing. He stated that
according to the verbatum minutes of April, 1984, Dominick's did not state
that the store would not be open 24 hrs. on a permanent basis. He does not
feel we should be involved in regulating how Dominick's operates their store,
especially since there are many other businesses in Buffalo Grove which
are open 24 hrs.
Trustee Reid stated that he is in agreement with Trustee Glover. He feels
that what is being proposed is in compliance with the existing ordinance
and as such, they should not be prevented from operating 24 hrs. There are 1
other businesss in the Village which also meet the restrictions of the
ordinance and are allowed to operate 24 hrs. , and he has a problem opposing
Dominick's. He does not feel we should be trying to pass special legislation
aimed at Dominick's.
Resident Mary Jo Vanstan, 6 Whitehall Ct. , stated her objection to the 24
hr. operation.
President Clayton asked the representative from Dominick's how long he felt
it would take for Dominick's to address the lighting problem. Mr. Peterson
stated that they would consult with their Engineering Department and get
back to the Village Manager's office next week with some estimate on how
long it would take to remedy the problem. He stated that we can be assured
that the lighting will be taken care of.
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10/21/85
Mr. Raysa stated that his notes from the April 2, 1984 meeting do not
indicate that there were instructions to insert in the PUD a provision
that Dominick's not operate on a 24 hr. basis. Mr. Raysa then read the
requirements for suspension of a business license and did not think that
the license could be pulled in accordance with these requirements.
Trustee Marienthal stated that he did not want to pull the license, but
to amend the hours of operation. Mr. Raysa stated that the hours of
operation were permitted by ordinance and the ordinance could not be
amended by motion.
Mr. Balling then read a written request from Jewel to be allowed to be open
24 hrs.
Trustee Marienthal withdrew his previous motion, and moved to amend Ord-
inance 84-28 concerning the hours of operation for retail outlets only,
to read from 7 A.M. to Midnight. Seconded by Kowalski.
Mr. Roti requested that Dominick's be permitted to operate 24 hrs. for a
period of 60 days before the Village would consider passage of this amendment
to allow them to see what problems, if any, were presented by such an
operation.
Trustee Reid stated that an attempt to pass special legislation aimed at
Dominick's is improper and unfair, and if such amendment were passed, it
would impact all the businesses in Buffalo Grove, and we need to be very
careful in responding to an emotional issue with such a long term effect
on the Village. Trustee Glover stated that he concurs with Trustee Reid's
comments.
President Clayton reviewed the motion, to direct the Village Attorney to
prepare an amendment to Ordinance 84-28 to provide for hours from 7-12 for
retail outlets, and to word it so as not to include the restaurants. Mr.
Balling requested that the Board consider expanding the scope of the Village
Attorney's review to include the business licensing and hours of operation
generally, so that we don't repeat this if the Dundee Road Dominick's were
to request 24 hr. operation, because the issues may be the same, and that
the scope of the research to be conducted by the Village Attorney include
hours of operation generally, with a specific recommendation on this. Trustee
Marienthal had no objection to this. President Clayton asked for a roll
call. Upon roll call, Trustees voted as follows:
AYES: 3-Marienthal, Shields, Kowalski
NAYES: 2-Glover, Reid
ABSENT: 1-O'Reilly
Motion declared carried.
Mr. Balling submitted the September, 1985 Management Report. The VILLAGE MANAGER'S
Village President asked if there were any questions on the Management REPORT
Report. There were none. (Management Rep.)
Mr. Balling then indicated that we had published a public hearing for (Rescorp Dev.)
the Rescorp Development Annexation Agreement in anticipation of a Plan
Commission recommendation. The Plan Commission recommendation came back
regative, and the petitioner has elected to defer this hearing. This is
cancelled and will be republished should the petitioner proceed to the Board.
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Trustee Marienthal stated that Rescorp has approved plans prepared whereby
they could build in the County, which would impact our community. He
feels that their developing in the County would not be in the best
interest of Buffalo Grove and would like to have discussion with Rescorp
prior to their taking any action in the County.
Trustee Glover stated he did not feel that we are threatened by County
development by Rescorp, as this approved plan was made many years ago and
to date, has not been developed. The developer has stated on the record
that he does not wish to develop outside of Buffalo Grove.
Mr. Balling then requested permission to receive 2-4 qualifying proposals (Fire Station
for the repair on the leaking roof of Fire Station #5, rather than going #5)
to bidding, since there are many marginal and unqualified people in this
business. Staff would evaluate these and a proposal will be submitted to
the Board for approval. President Clayton asked if there were any object-
ions to staff proceeding in this manner. There were none.
President Clayton read Resolution 85-54 thanking John A. "Bud" Doerrer RESOLUTION 85-54
for his service to the Village of Buffalo Grove as a member of the
Board of Fire & Police Commissioners, 1979-1985. Moved by Reid,
seconded by Marienthal to pass Resolution 85-54. Upon roll call,
Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
President Clayton asked if there were any questions from the audience. QUESTIONS FROM
There were none. THE AUIDIENCE
PUBLIC HEARING - DELICE DE FRANCE INDUSTRIAL REVENUE BONDS
President Clayton read from the Notice of Public Hearing published in the
Buffalo Grove Daily Herald on October 7, 1985. President Clayton called
the Public Hearing to order at 8:40 P.M.
Mr. Brimm began the presentation, stating that the hearing is required by
the TEFRA laws enacted in 1982. The issue will be for $1,800,000, instead
of $2,250,000 as previously indicated. The closing is tentatively scheduled
for November 1, 1985. Mr. Brimm then described the Delice De France Company
and its products. President Clayton asked if there were any questions with
regard to the issue for Delice De France. There were none. President
Clayton closed the Public Hearing at 8:45 P.M.
President Clayton explained the Conset Agenda, and stated that any CONSENT AGENDA
member of the Board or the audience could request that an item be
removed for full discussion. There were no such requests.
Moved by Glover, seconded by Reid, to pass Ordinance #85-65, an ORDINANCE #85-65
Ordinance providing for the Recoupment of Advances for Construction of (Recoupment)
a Sanitary Sewer on Thompson Blvd. from Fabish Dr. to a point 225'
west of Euclid Court. This ordinance provides for the recapture of
a portion of sanitary sewer pursuant to the annexation agreement for
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10/21/85
Old Farm Village. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to pass Ordinance #85-66, an ORDINANCE#85-66
Ordinance providing for the Recoupment of Advances for Construction (Recoupment)
of a Sanitary Sewer on Thompson Boulevard from Fabish Drive to the
Commonwealth Edison Right-of-Way. This ordinance provides for the
recapture of a portion of sanitary sewer pursuant to the annexation
agreement for Old Farm Village. Upon roll call, Trustees voted as
follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to pass Ordinance #85-67, an ORDINANCE#85-67
Ordinance providing for the Recoupment of Advances for Construction (Recoupment)
of a Sanitary Sewer on Fabish Drive from a point 1000 feet north of
Busch Road to Highland Grove Drive and on Highland Grove Drive between
Fabish Drive and Thompson Boulevard. This ordinance provides for the
recapture of a portion of sanitary sewer pursuant to the annexation
agreement for Old Farm Village. Upon roll call, Trustees voted as
follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
President Clayton proclaimed the week of October 27 through November 2, PROCLAMATION
1985 as Transportation Week in the Village of Buffalo Grove. Moved (Transportation
by Glover, seconded by Reid, to concur with President Clayton's Week)
proclamation. Upon roll call, Truestees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Final Plat for the FINAL PLAT
Spoerlein Farm Phase III. Engineering approval of this phase of the APPROVAL
subject project is recommended subject to approval of the Development (Spoerlein Farm
Improvement Agreement and receipt of the project's financial security Phase III)
in the amount of $209,063 in a form acceptable to the Village Attorney.
Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Development DIA
Improvement Agreement/Plat of Easement for Yanmar Diesel, Lots (Yanmar Diesel)
134-141, Corporate Grove. The Village Engineer recommends approval
of these documents required by the subject project. Upon roll call,
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Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Plat of Dedication PLAT OF DEDICATION
for Illinois Route 83. This plat dedicates additional right-of-way (Ill. Route 83)
on Illinois Route 83 as requested by the Village. Upon roll call,
Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 0-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Appearance Commission YANMAR DIESEL
recommendation reference Yanmar Diesel, Corporate Grove, revised (Landscaping)
landscaping. The Appearance Commission recommends approval of the
revised landscaping plan for the subject project. Upon roll call,
Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Windbrooke/Zale WINDBROOKE
Construction Company Appearance Commission recommendation on (Aesthetics)
landscaping, lighting and construction trailer. The Appearance
Commission recommends approval of these aesthetic elements of the
subject project. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Appearance Commission OLD FARM VILLAGE
recommendation reference Old Farm Village, Lexington Development (Aesthetics)
Corp. , street trees, Unit III landscaping, Multi-Family Unit IV, and
creek landscaping Units III and IV. The Appearance Commission
recommends approval of these aesthetic elements of the subject project.
Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion Declared carried.
Moved by Glover, seconded by Reid, to approve the Appearance Commission CREEKSIDE COMMONS
recommendation reference Creekside Commons Commercial Development, COMMERCIAL
Busch and Weiland Roads, Anden Corp. , architecture/materials, lighting (Aesthetics)
landscaping and entrance monument sign with waterfall. Upon roll call,
Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
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Moved by Glover, seconded by Reid, to approve the Appearance LOT 285
Commission recommendation reference Lot 285, Brandywyn Lane, BRANDYWYN LANE
architecture materials, lighting and landscaping. The Appearance (Aesthetics)
Commission recommends approval of these aesthetic elements of the
subject project. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to accept the Annual Report of ANNUAL REPORT
the Buffalo Grove Transportation Commission. Section 2.52.070 of TRANSPORTATION
the Municipal Code requires that the Transportation Commission sub- COMMISSION
mit an annual report to the Village Board. Upon roll call, Trustees
voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Glover, seconded by Reid, to accept the Amendment to Villas VILLAS OF BUFFALO
of Buffalo Creek Declaration and Covenants. This amendment permits CREEK
the erection of fences in the subdivision in accordance with stan- (Declaration &
dards previously recommended by the Appearance Commission and Covenants)
approved by the Village Board. Upon roll call, Trustees voted as
follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Marienthal, seconded by Glover to approve Resolution #85-55 RESOLUTION#85-55
authorizing $1,800,000 Village of Buffalo Grove Industrial Revenue
Bond for Delice De France, Inc. Upon roll call, Trustees voted as
follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Moved by Marienthal, seconded by Glover to approve Resolution #85-56 RESOLUTION #85-56
for Improvement by Municipality Under the Illinois Highway Code. Upon
roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYE SI: 0-None
ABSENT 1-O'Reilly
Motion declared carried.
Moved by Marienthal, seconded by Glover to approve Resolution #85-57 RESOLUTION #85-57
Accepting the Agreement for Phase II Engineering Services for the
Improvement of Illinois Route 83 from Lake Cook Road to Buffalo Grove
Road. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
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Moved by Reid, seconded by Glover, to approve Resolution #85-58 RESOLUTION #85-58
supporting the work of PACE. The Chairman of the Transportation
Commission, Earl Sabes, described the purpose of PACE. Upon roll
call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Trustee Reid asked Bill Brimm to present the Buffalo Grove Days Report. BUFFALO GROVE DAYS
Trustee Marienthal complimented Bill Reid as liaison for the Buffalo REPORT
Grove Days event, and also Bill Brimm for the hours he has given to
this event. Trustee Reid commented on the outstanding job done by
Al Preusker and every member of the Committee in making Buffalo Grove
Days the success it was, and to publicly recognize the contribution of
Bill Brimm as staff liaison. Moved by Reid, seconded by Shields to accept
the Buffalo Grove Days Report. Upon voice vote, the motion was unanimously
declared carried.
Moved by Marienthal, seconded by Glover to award the bid for the AWARD OF BID
Fire Alarm System in the Public Service Center, Village Hall and Police FIRE ALARM SYSTEM
Department, to Fire & Security Systems, Inc. of Mt. Prospect, Illinois,
in the amount of $7,264.50. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
Trustee Marienthal deferred to Mr. Brimm, who explained the not- IDFA MEMORANDUM
ification from IDFA that the Delta Tool Co. was planning to locate in OF AGREEMENT
the Village and requesting a letter of endorsement with regard to DELTA TOOL CO.
Delta Tool. Trustee Marienthal moved, seconded by Glover that we
endorse the IDFA Memorandum of Agreement between themselves and Delta
Tool. Upon roll call, Trustees voted as follows:
AYES: 5-Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0-None
ABSENT: 1-O'Reilly
Motion declared carried.
President Clayton stated that the Trustees may wish to defer discussion BUFFALO GROVE
on the Buffalo Grove Park District Comprehensive Plan, as some of the PARK DISTRICT
Trustees who had requested copies of it did not receive them in time COMPRENENSIVE
for study, and the Village Manager has requested from the Park District PLAN
an extension in the time in which we can make our comments to November
4, which has been granted. Moved by Marienthal, seconded by Glover to
defer consideration of the Buffalo Grove Park District Comprehensive Plan.
Upon voice vote, the motion was unanimously declared carried.
Moved by Reid, seconded by Glover to adjourn the meeting. Upon voice ADJOURNMENT
vote, the motion was unanimously declared carried.
The meeting was adjourned at 9:00 P.M.
El een F. Marsh, Village Clerk, Pro Tem
APPROVED BY ME THIS wh DAY
OF/V U UEAI lE1L , 1985
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Village Presiden