1984-10-15 - Village Board Regular Meeting - Minutes 6487
10/15/84
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, OCTOBER 15, 1984.
President Clayton called the meeting to order at 7:34 P.M. CALL TO
Those present stood and pledged allegiance to the Flag. ORDER
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal, Stone, O'Reilly, Hartstein, Glover, and Reid.
Also present were William Balling, Village Manager; William Raysa,
Village Attorney; James Doyle, Assistant Village Manager; Frank
Hruby, Director of Building & Zoning; Richard Kuenkler, Village
Engineer; Police Chief McCann; and Paul Kochendorfer, Village
Treasurer.
Moved by Marienthal, seconded by O'Reilly, to approve the minutes APPROVAL OF
of the October 1, 1984 Regular Meeting. Upon roll call, Trustees MINUTES
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Kochendorfer read Warrant #536. Moved by O'Reilly, seconded WARRANT
by Reid, to approve Warrant #536 in the amount of $678,695.06, #536
authorizing payment of bills listed. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton appointed Jay Paul to the Zoning Board of ZBA
Appeals for a term to expire April 30, 1986. Moved by Marienthal, APPOINTMENT
seconded by Reid, to concur with President Clayton's appointment.
Upon voice vote, the motion was unanimously declared carried.
President Clayton noted that she had received a phone call from CABLE TV
Eric Schultz of American Cablesystems in which he stated that at (American
the request of Trustee Stone, American Cablesystems will absorb Cablesystems)
the legal fees associated with the changeover. PresidentClayton
thanked Trustee Stone for his efforts in this regard.
President Clayton reported on the last meeting of the Northwest NWMC
Municipal Conference:
. . .the banquet will be held on April 26, 1985;
. . .the Legislative Breakfast will be held either the first or
second week of January, 1985;
. . .Bartlett's application for membership was approved.
Trustee Marienthal invited everyone to attend the Transportation TRANSPORTATIGN
Conference hosted by our Transportation Commission, which will take COMMISSION
place at the Buffalo Grove Village Hall on October 20, 1984.
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10/15/84
Mr. Balling noted the submission of the Management Report for MANAGEMENT
September, 1984. Trustee Marienthal thanked Ray Rigsby for the REPORT
additional footnote on the report.
Mr. Balling reported on the rehabilitation of Well #6; the Village WELL #6
of Lake Zurich has had a similar failure, and staff thinks that the
Village can dispose of the motor itself for a minimum bid of $7,000.
Mr. Balling then answered a question regarding the subject from
Trustee O'Reilly. Mr. Balling then updated the audience on the
progress of Well #6, and stated that, when the well is repaired,
the water ban will be lifted.
President Clayton read a Certificate of Appreciation for Joan CERTIFICATE
McCleary; she presented this certificate to Mrs. McCleary, and OF APPRECIA-
thanked her for her years of service on the Board of Health. TION
President Clayton asked if there were any questions from the QUESTIONS FROM
audience; there were none. THE AUDIENCE
President Clayton explained the Consent Agenda, and stated that CONSENT
any member of the Board or the audience could request that an AGENDA
item be removed for full discussion. Trustee O'Reilly asked
that Item XII, G. , be removed from the Consent Agenda.
Moved by Glover, seconded by Stone, to pass Ordinance #84-61, ORDINANCE
an ordinance amending Ordinance #81-41 Cable Television Franchise #84-61
Ordinance. This ordinance amends Exhibit F of the Cable Television (Cable TV)
Franchise Ordinance to include the provision of and rate for FM
radio service, and the provision of senior citizen and handicapped
discounts which were inadvertantly omitted from Exhibit F adopted
by Ordinance #84-60. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Stone, to adopt Resolution #84-64, RESOLUTION
a resolution accepting an "Agreement to Provide Snow and Ice #84-64
Control Service to Certain Streets", and an "Agreement of Indemnity". (Snow & Ice
This resolution authorizes the Village to provide contractual snow Control)
and ice control services to certain Wheeling Township streets as
has been done the past three years. Upon roll call, Trustees voted
as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Li
Moved by Glover, seconded by Stone, to adopt Resolution #84-65, RESOLUTION
a resolution for Improvement by Municipality under the Illinois #84-65
Highway Code. This resolution allocated $150,000 of MFT funds (Street
to the Buffalo Grove Road (Lake-Cook Road to IL Route 83) Street improvement
Improvement. Its passage has been requested by IDOT. Upon roll B.G. Road)
call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
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President Clayton proclaimed the week of October 21-28, 1984 as PROCLAMATION
National Lupus Week in the Village of Buffalo Grove. Moved by (National
Glover, seconded by Stone, to concur with President Clayton's Lupus Week)
proclamation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton proclaimed the week of October 14, 1984 as PROCLAMATION
Junior Club Woman Week in the Village of Buffalo Grove. Moved (Junior Club
by Glover, seconded by Stone, to concur with President Clayton's Woman Week)
proclamation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Stone, to approve the Plat of PLAT OF
Dedication for Northwood Grove, Unit II (LeParc) . the Village DEDICATION
Engineer recommends approval of this plat of dedication which (LeParc)
corrects the location of Lake-Cook Road which was shown incorrectly
on the final improvement plans. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Trustee O'Reilly stated that she asked that this item be removed NWMC
from the Consent Agenda because the program as outlined has TRANSPORTAION
questionable purpose and funding, and she does not believe that STUDY
Village of Buffalo Grove staff should be involved. Mr. Balling
responded to Trustee O'Reilly's concerns. Trustee Marienthal also
spoke in favor of this program. Moved by Marienthal, seconded by
Reid, to authorize participation in the NWMC Public/Private Sector
Regional Transportation Study. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to pass Resolution #84-66, RESOLUTION
authorizing the participation of the Village of Buffalo Grove in (NWMC Solid
the implementation of the Northwest Municipal Conference Solid Waste Prograny
Waste Management Plan. Trustee Hartstein clarified the fact that #84-66
this does not foreclose us from continuing to cooperate with the
Lake County study. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton noted a Proclamation designating Wednesday, PROCLAMATION
October 31, 1984 as Trick or Treat Day in Buffalo Grove, and (Halloween)
asked that such activities be limited to the hours of 3:00-6:00
P.M.
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Mr. Balling recommended that the Village Board give favorable ORDINANCE
consideration to the passage of an ordinance authorizing the sale #84-62
by negotiation of personal property owned by the Village of Buffalo (Sale of
Grove which is an Ideal, type "AT", squirrel cage indoction motor, property)
rated at 400 HP, 460 volt, frame V-587, 3 phase, 60 Hertz, 1800 RPM,
Serial Number 303743 with the minimum value of $7,000. Moved by
O'Reilly seconded by Stone, to pass Ordinance #84-62. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Trustee Marienthal reviewed the background on the proposed ORDINANCE
ordinance. Mr. Mark Grondin of County Line Partners also #84-63
summarized the situation, and reviewed how this situation has (B.G.Commerce
developed; he displayed a rendering of the proposed building on Center-Lot 41
the site. Mr. Jerry DeGrazia of Anden Corporation also reviewed
the way in which a compromise was reached between Anden Corporation
and County Line Partners. The Board did have the minutes of the
ZBA meeting at which this subject was discussed; Mr. Richard Heinrich,
Chairman of the ZBA, elaborated on their decision.
In answer to a question from Mr. John Hollinger, a resident of
LeParc, President Clayton stated that there will be a building
of some type on the site, as the zoning has already been assigned.
Another resident of LeParc stated that he believes that the 12'
distance is too close to the residences.
Mr. Sam Bodenstein, a contract purchaser at LeParc, stated that
he does not believe the variation should be allowed.
Another resident of LeParc asked if and when a traffic light
will be installed at Lexington Drive and Lake-Cook Road. Mr.
Balling stated that Wheeling and Buffalo Grove are working on
getting a light installed. Mr. Rick Piggott stated that he
believes that traffic will warrant a light within a year.
Mr. Bob Frick, a LeParc contract purchaser, stated that he would
rather have the parking lot closer to the homes and have it well-
landscaped, than have it further away and just have a fence.
President Clayton pointed out that the present zoning was in place
long before LeParc was contemplated.
Gloria Jackson, a resident of LeParc, asked what the height of the
building will be. Mr. Piggott stated that the proposed building
will be approximately 25-30' high.
Mr. Frank Hruby stated that the development must be sent back to
the Appearance Commission for full review; he also noted that the
notices,which were sent to contract purchasers, went beyond legal
requirements.
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A purchaser at LeParc asked if rezoning the property is out of
the question. Mr. Raysa answered that, if the Village were to
down-zone the property, we would be in court, unless the down-
zoning was at the request of the property owner.
In answer to a question from Trustee Stone, Mr. DeGrazia stated
that the grade is approximately 4' higher on the LeParc property.
Trustee Stone stated that Buffalo Grove ordinances do not permit
parking lots within 12' of residential areas.
In answer to a question from Trustee Marienthal, both Mr. Piggott
and Mr. Grondin stated that a one-story building is not economically
feasible.
There was then discussion as to the time of night at which the
parking lot lights would be turned off.
Moved by Hartstein, seconded by Glover to pass Ordinance #84-63,
to approve this particular variance, subject to the additional con-
dition that the rear lighting on this particular portion not be
permitted after 12:00 midnight.
A resident of LeParc asked if the time could be changed to
11:00 P.M. Trustee Hartstein stated that he hopes that the tenant
will be cognizant of the needs of the adjoining residents, and turn
the lights off as early as possible.
Trustee Marienthal stated that he believes the building should be
made smaller.
Trustee O'Reilly stated that she does not think that 10:00 P.M. is
an unreasonable time to turn out the lights in the parking lot, and
she will not vote in favor of the ordinance unless a 10:00 P.M. time
is specified.
Mr. Piggott stated that the lights will not shine on the Anden
property.
Mr. Raysa pointed out that there are two "Exhibit A's"; the correct
Exhibit A was then marked as such and given to the Village Clerk.
Mr. Raysa wished to make sure that the Board understands that
Exhibit A has not been approved either by the Appearance Commission
or the Building & Zoning Department.
Trustee Hartstein stated that the intent of the motion is to reflect
the most recent plan as submitted, and with the clear understanding that
thebuilding must comply with all ordinances of the Village of Buffalo
Grove, including parking requirements. Mr. Raysa pointed out that since
the motion was made with a time requirement, Section 2. ,B. , would have
the following added to it: ". . .and shall be turned off no later than
12:00 midnight of each day."
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10/15/84
Mr. Carl Peters, a purchaser at LeParc, stated that he thinks
midnight is too late for the lights to be left on. He also
thanked the Board for the opportunity of allowing the contract
purchasers to comment.
In view of a compromise, Trustee Hartstein amended the motion to
state that the time for the parking lots lights to go off be
changed to 11:00 P.M. ; Trustee Glover seconded the amendment.
Upon roll call, Trustees voted as follows:
AYES: 4 - Hartstein, Glover, Reid, President Clayton
NAYES: 3 - Marienthal, Stone, O'Reilly
Motion declared carried.
Moved by Marienthal, seconded by Reid, to pass Ordinance #84-64, ORDINANCE
amending Title 10 of the Village of Buffalo Grove Municipal Code #84-64
(4-way STOP signs at Weidner Road and Beechwood Road) . Trustee (Weidner/
Stone stated that he thinks the 2-way STOP sign is sufficient; Beechwood
Trustee Glover agrees. Trustees Reid and Hartstein believe that Stop Signs)
the conditions clearly warrant a 4-way STOP sign; Trustee
Marienthal agreed. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, O'Reilly, Hartstein, Reid
NAYES: 2 - Stone, Glover
Motion declared carried.
President Clayton declared a recess from 9:05 P.M. until 9:17 P.M. RECESS
Trustee Marienthal noted the 1983 Annual Report of the Buffalo TRANSPORTATIEX
Grove Transportation Commission. There were no questions, but COMMISSION
President Clayton asked Trustee Marienthal to convey to the (1983 Annual
Commission the Board's appreciation for a fine report, and for Report)
all the work that they have done this year. Moved by Marienthal,
seconded by Hartstein, to accept the 1983 Annual Report of the
Buffalo Grove Transportation Commission. Upon voice vote, the
motion was unanimously declared carried.
Mr. Doyle reviewed his memo to Mr. Balling of October 12, 1984, SIGN CODE
with regard to the Sign Code, with particular emphasis on the
proposed changes. Mr. Raysa also reviewed the proposed changes
for the Board.
Trustee Hartstein stated that there are some very positive steps
in Mr. Doyle's proposal. Trustee Hartstein thinks that the change
with regard to the application procedure is very positive, and will
avoid confusion for the applicant. However, Trustee Hartstein
thinks the recommendation dealing with the ground sign has the
potential to be very negative. Trustee Hartstein also believes
that the Village should give some consideration to allowing
limited advertising on signs.
Trustee Glover commended staff on the report submitted; he believes
that a business with at least 100' frontage deserves some kind of
identification sign.
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Trustee Marienthal commended Mr. Doyle on his report; he has
some question on the amount of space between signs; if advertising
is allowed, he thinks it would be difficult to distinguish between
generic and other types of advertising; he also commented on the
electronic changing signs.
Mr. Burt Harris, a Buffalo Grove businessman, commented on the needs
of the business community with regard to temporary signs, logos, etc.
Mr. Heinrich commented on the background in putting the Sign
Ordinance together.
Mr. Eddie Larson, Appearance Commissioner, commented on his belief
that advertising should be allowed on signs.
Trustee Glover thinks the Board should move on this, going ahead
with the necessary procedural changes.
Moved by Glover, seconded by O'Reilly, to refer this recommendation
to the ZBA and Appearance Commission for a recommendation back to the
Village Board on the revision of the Sign Code. Upon roll Call,
Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Heinrich commented on the appeal of the ZBA decision regarding PLAZA VERDE
the Plaza Verde changing sign; he noted that Mr. Hyman's request CHANGING SIGN
is totally foreign to everything for which the sign code stands.
Trustee Hartstein stated that, although he would like to see the
Sign Code liberalized, he does not believe that a hard-sell type
of advertising approach can be granted to one business, without
allowing all other businesses in the Village the same consideration.
Moved by Hartstein, seconded by Stone, to remove this item from
Table. Upon voice vote, the motion passed unanimously.
Moved by Hartstein, seconded by Stone, to deny the appeal of the
ZBA regarding the Plaza Verde changing sign.
Trustee Reid expressed his concern with regard to going from a name
and nature type of sign to a price and produce type of sign; he is not
opposed to reviewing the Sign Code, but he does not wish to go as far
as suggested by Mr. Hyman.
�•/ Trustee Stone stated that he is sympathetic to the needs of the tenants
in the large shopping centers to publicize their businesses, but he
is opposed to hard-sell signs; he also believes that this is dis-
criminatorybecause not everyone can afford thistype of sign. Trustee
yg
Stone would be willing to consider the changing sign if Mr. Hyman were
to take out the hard-sell advertising.
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Trustee Marienthal also commented that he does not believe that
hard-sell type of signs should be allowed, and he pointed out
that other signs of this type have had to be taken down.
Trustee Hartstein pointed out that, in review of the changing-
copy signs, consideration should be given to the type of penalty
to be imposed to insure conformance with Village standards.
Mr. Harris and Mr. Larsen commented on the needs of the small,
unknown business to communicate their product to the public.
Upon roll call, Trustees voted as follows on the motion:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to adjourn the meeting. Upon ADJOURNMENT
voice vote, the motion was unanimously declared carried. The meeting
was adjourned at 10:30 P.M.
I/k
Janet "Sirabian, Village Clerk
APPROVED BY ME THIS S- DAY
OF � , 1984.
Village President