1984-04-23 - Village Board Special Meeting - Minutes 6398
4/23/84
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, APRIL 23, 1984.
The Village Clerk called the meeting to order at 7:33 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: Trustees Marienthal, ROLL CALL
Stone, O'Reilly, Hartstein, Glover, and Reid. President Clayton
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;
Richard Kuenkler, Village Engineer; Frank Hruby, Director of
Building & Zoning; Tom Stachura, Health Officer; and Paul
Kochendorfer, Village Treasurer.
Moved by Hartstein, seconded by Stone, to appoint Trustee TEMPORARY
Marienthal as Temporary Chairman of tonight's meeting. Upon CHAIRMAN
voice vote, the motion was unanimously declared carried.
Moved by Reid, seconded by O'Reilly, to approve the minutes of APPROVAL OF
the April 9, 1984 Special 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 #524. Moved by O'Reilly, seconded WARRANT
by Reid, to approve Warrant #524 in the amount of $1,069,973.06, #524
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.
Trustee Stone noted the Annual Report of the Warner Regional CABLE TV -
Cable Group dated April 2, 1984. Moved by Stone, seconded by ANNUAL
O'Reilly, to accept the Warner Regional Cable Group Annual Report. REPORT
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 noted Mr. Balling's memo of April 18, 1984 FARRINGTON
to the Board regarding Farrington Drive Extended; she thinks DRIVE
that a more detailed report is necessary, and is not sure that EXTENDED
it is a good idea to extend Farrington Drive to Route 83.
Mr. Balling then reviewed the status of the project back to
1978.
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Trustee O'Reilly thinks the Village should wait to connect
Farrington Drive to Route 83 until Route 83 is improved.
Trustee Hartstein stated that he tends to agree with Trustee
O'Reilly's concerns about extending to Route 83, but he would
favor putting the improvement in to Crown Point Drive, with the
provision made for the extension to Route 83 when it can be done
in a proper manner.
Trustee Stone stated that he would like to know that, at such
time as improvements may occur on Route 83, left-turn bays and
tapers would be included for Farrington Drive. Mr. Boysen stated
that he believes these improvements would be scheduled within the
5 year plan. Trustee Stone suggested extending Farrington Drive up
to Route 83, but not actually connecting to Route 83; i.e. erecting
a barricade of some sort at that point.
Mr. Boysen stated that it is his opinion that the ultimate
improvement will occur on Route 83 within a ten year period.
After discussion, Trustee Glover stated that he thinks the Board
lacks sufficient information to make a proper decision tonight,
reasons being:
1. Bonding a developer at today's dollars for a project which
could be completed in 7 or 8 years, with inflation making
those dollars insufficient.
2. The cost of putting up an attractive barricade if the road
were developed all the way to Route 83.
3. Would the pavement structure of the road which was essentially
vacated deteriorate during the 7 or 8 year time period.
Mr.Balling stated that he would have a more detailed report on this
project for the May 7, 1984 Board Meeting.
Mr. Balling noted the submission of the Management Report for MANAGEMENT
March, 1984. Trustee O'Reilly asked if there were any plans REPORT
for a special census; Mr. Balling stated that it is being
planned for May of 1985, and is being included in next year's
budget.
Mr. Balling stated that it was requested to move Item XIV, C, WAG'S
from the agenda, that being an appeal of an Appearance RESTAURANT
commission decision regarding Wag's sign. The owners of the
property have agreed to modify their proposal to a smaller,
ground level sign with the approved copy from the ZBA. Copies
of the proposed sign were distributed; the sign will be
landscaped.
Mr. Schwartz, representing Wag's, reviewed the proposed
sign for the Board. Trustee Hartstein stated that he has a
problem regarding the manner in which this situation was
handled, whether it be by staff or between Commissions,
specifically the situation regarding the variance as it relates
to the Sign Code; he thinks that "Open 24 Hours" on the sign is
pure advertising. yry
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Mr. Richard Heinrich of the ZBA reviewed the decision of
that Commission.
Mr. Balling stated that the Walgreen Company is responding to
requests from his office to attempt to resolve what is an
inconsistency between the Zoning Board of Appeals recommendation
and the Appearance Commission advisory recommendation. Walgreen's
feels very strongly that the high visibility and the need to
promote their business with this type of signage is essential to
their success.
Trustee Marienthal stated that he attended the ZBA meeting and
pointed out that he did not see the need for "Open 24 Hours" and
the pylon sign.
Trustee Glover reviewed the decision of the Appearance Commission;
he personally thinks that the compromise sign which has been
presented is a great improvement over the originally proposed
sign.
Trustee Hartstein stated that he did not mean to critize either
Commission, but he thinks there is a problem in terms of ambiguity,
and requested staff to pull the two Commissions together for
clarification, possibly in the form of a workshop. Trustee
Hartstein stated that he thinks that there is a new proposal before
the Board with regard to a sign, and he does not believe considera-
tion tonight would be appropriate; after discussion, it was
suggested that there be a recess to resolve this question.
Moved by O'Reilly, seconded by Harstein, to have a short RECESS
recess. Upon roll call, Trustees voted as follows:
AYES: 5 - Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 1 - Marienthal
Motion declared carried.
Temporary Chairman Marienthal declared a recess from
8:25 - 8:35 P.M.
Moved by O'Reilly, seconded by Hartstein, to approve the
Wag's sign shown on Sheet 5 dated 4-17-84.
Trustee O'Reilly asked that staff identify the flaw which seems
to be in the system, and report back to the Board with such
corrections as need to be enacted; Trustee O'Reilly stated that
she does not think that workshops are the answer.
Trustee O'Reilly amended the motion to note that the sign will
be in the same color scheme as is shown on the artist's rendering,
which Walgreen's will identify in a letter. Trustee Hartstein
seconded the amendment. 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.
Mr. Balling thanked the Walgreen Company for their cooperation
in this matter.
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Mr. Balling noted that there will not be a meeting on April 30, FUTURE
1984; the next meeting will be a Regular Meeting on May 7, 1984. AGENDA
Temporary Chairman Marienthal asked if there were any questions QUESTIONS FROM
from the audience; there were none. THE AUDIENCE
PUBLIC HEARING - APPROPRIATION ORDINANCE
Temporary Chairman Marienthal opened the Public Hearing at 8:38
P.M. , and read the Notice of Public Hearing which was published
in the Buffalo Grove Herald on April 13, 1984. Mr. Brimm gave
a brief synopsis of his memo to Mr. Balling of March 27, 1984.
Temporary Chairman Marienthal asked if there were any questions
from the Board or the audience; there were none. The Public
Hearing was closed at 8:40 P.M.
The Appropriation Ordinance will be brought back to the Board
for adoption on May 7, 1984.
Temporary Chairman Marienthal explained the Consent Agenda, CONSENT
stating that any member of the Board or the audience could AGENDA
request that an item be removed for full discussion. Trustee
O'Reilly requested that Items XII, I, J, K, L, M, N, and 0
be removed.
Moved by Glover, seconded by Reid, to pass Ordinance No. 84-33, ORDINANCE
an Ordinance authorizing the sale by public auction of personal #84-33
property owned by the Village of Buffalo Grove. This ordinance (Authorize
authorizes sale of surplus equipment at the Northwest Municipal Public
Conference Auction on Saturday, May 12, 1984. Upon roll call, Auction)
Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to pass Ordinance No. 84-34, ORDINANCE
an ordinance amending Chapter 3.04, Waiver of Fees of the Buffalo #84-34
Grove Municipal Code. This ordinance grants discretionary (Waiver of
authority to the Village Board to waive fees due the Village Fees)
from governmental units, non-profit organizations, and charitable
or religious organizations. 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 Reid, to proclaim the Month of May PROCLAMATION
1984 to be Special Olympics Month in the Village of Buffalo Grove. (Special
Upon roll call, Trustees voted as follows: Olympics
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid Month - May)
NAYES: 0 - None
Motion declared carried.
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Moved by Glover, seconded by Reid, to approve the agreement for MILWAUKEE
the Milwaukee Avenue Water Main Project (Commonwealth Edison AVENUE WATER
Easement) . The Village Engineer recommends approval of this MAIN EASEMENT
agreement for the subject easement. 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 Reid, to approve the Appearance A.C.RECOMMENDA-
Commission recommendation reference Highland Point - Elevation TION (Highland
Change. The Appearance Commission recommends approval of this Point elevation;
elevation change for the subject project. 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 Reid, to approve the Appearance A.C.RECOMMENDA-
Commission recommendation reference LeParc - Model Area. The TION - LeParc
Appearance Commission recommends approval of this aesthetic Model Area
element of the subject project. 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 Reid, to approve the Appearance COVINGTON
Commission recommendation reference Covington Manor - Lands- MANOR
caping plan for the subject project. Upon roll call, Trustees (landscaping)
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Development GREEN KNOLLS
Improvement Agreement for Green Knolls North (19 Lots) . The NORTH (DIA)
Village Engineer recommends approval of this agreement subject
to receipt of an acceptable bond. 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 Reid, to approve the Site Improve- B.G.COMMERCE
ment Agreement for Buffalo Grove Commerce Center, IIA - Lot 36. CENTER IIA -
The Village Engineer recommends approval of this agreement. LOT 36 (SIA)
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 Reid, to approve the Development CEDAR VIEW
Improvement Agreement for Cedar View (Covington Manor) Phase I. (DIA)
The Village Engineer recomemnds approval of the development
improvement agreement subject to the conditions outlined in his
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cover memorandum. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to table agenda Items XII, CORPORATE
A. , B. , and C. Upon roll call, Trustees voted as follows: GROVE
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Tom Stachura reviewed the proposed ordinance. Moved by ORDINANCE
Glover, seconded by Hartstein, to pass Ordinance #84-35, #84-35
amending Title 8 of the Village of Buffalo Grove Municipal
Code. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein, seconded by O'Reilly, to pass Ordinance ORDINANCE
#84-36, adding Chapter 5.52 of Title 5 of the Village of Buffalo #84-36
Grove Municipal Code for Licensing and Regulation of automatic
food and beverage vending machines. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Balling reviewed the proposed Resolution for the Board. RESOLUTION
Moved by Harstein, seconded by Reid, to pass Resolution #84-22, #84-22
approving an Agreement for Preliminary Engineering Services for
the 1985 Villagewide Contractual Street Maintenance Project.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Trustee Reid and Trustee Marienthal stated that they had been RESOLUTION
opposed to the alternative chosen for the repair of Buffalo #84-23
Grove Road, but since the majority of the Board favored the
alternative chosen, they urged the entire Board to vote in
favor of the proposal. Moved by Stone, seconded by Glover, to
pass Resolution #84-23, a resolution accepting a Proposal for
Appraisal Services for Property Acquisition for the Buffalo
Grove Road (Lake-Cook Road to Dundee Road) Street Improvement.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to pass Resolution #84-24 RESOLUTION
a resolution accepting a Proposal for Appraisal Review Services #84-24
for Property Acquisition for the Buffalo Grove Road (Lake-Cook
Road to Dundee Road) Street Improvement. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried. -ti.�
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Moved by Stone, seconded by Glover, to pass Resolution #84-25, RESOLUTION
a resolution accepting a Proposal for Negotiation Services for #84-25
Property Acquisition for the Buffalo Grove Road (Lake-Cook Road
to Dundee Road) Street Improvement. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to pass Resolution #84-26, RESOLUTION
a resolution accepting the Agreement for Consultant Services #84-26
for the Design (Phase II) for the Buffalo Grove Road (Lake-Cook
Road to Dundee Road) Street Improvement. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to pass Resolution #84-27, RESOLUTION
a resolution accepting the Agreement for Right-of-Way Acquisition, #84-27
Federal Project M-6003(333) Concerning the Buffalo Grove Road
(Lake-Cook Road to Dundee Road) Street Improvement. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to pass Resolution #84-28, RESOLUTION
a resolution for Improvement by Municipality Under the Illinois #84-28
Highway Code. This resolution is required to authorize the
expenditure of $254,000 of Motor Fuel Tax funds for right-of-way
acquisition for the Buffalo Grove Road improvement. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to pass Resolution #84-29, RESOLUTION
a resolution for Improvement Under the Illinois Highway Code. #84-29
This resolution is required to authorize the expenditure of
$104,520 of Motor Fuel Tax funds for Phase II engineering for the
Buffalo Grove Road Improvement. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, Stone, Hartstein, Glover, Reid
NAYES: 1 - O'Reilly
Motion declared carried.
�./ Mr. Richard A. Guedtner, architect representing the First FIRST
American Bank of Lake County; Mr. Tom Wells and Mr. Ted Thompson AMERICAN
of the First American Bank of Lake County introduced themselves BANK OF
to the Board. Mr. Geudtner made a brief presentation of their BUFFALO GROVE
proposal to locate the bank in the Town Center. Trustee Stone (Town Center)
stated that, while he is in favor of getting development going
in the Town Center, he thinks this is extremely small, and if
the Village is going to accept a number of small lots, the entire
planning process for the Town Center will have been for naught.
Mr. Geudtner responded to Trustee Stone's concerns. Trustee
O'Reilly agreed with Trustee Stone's comments, and added that the
location of this piece cuts off any planning continuity between the
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various sections; she is also very concerned with the temporary
access being put onto Route 83 at that particular point.
Trustee Hartstein stated that he shares some of the concerns
expressed with regard to wishing to put a comprehensive plan
together for this area; he would like to see something started
in this area, but does not wish to do something which would be
detrimental; if this were to be located in any other area of the
Town Center, he would think that it would automatically be rejected,
but since the proposal is at the northern extremity of the property,
he thinks it could possibly blend in with the rest of the Town Center;
he would like to hear the input from the Plan Commission.
Trustee Glover also thinks the parcel should be developed according
to the Comprehensive Plan; he strongly thinks that this would be a
great use for the parcel selected, and makes a good transition from
the commercial to the residential; he has no concern about the parcel
being developed piece-meal if the traffic problems could be resolved;
his greatest concern would be that temporary road accesses would prevent
the internal road system being completed.
Trustee Reid stated that he could not support this proposal without
a left-turn lane on northbound Route 83.
Trustee Hartstein wished to go on record as sharing the concerns with
regard to traffic, but he thinks this could be sent to the Plan
Commission with a recommendation for an internal road network for
the Town Center project; he also thinks that the need for incentives
should be addressed, and that the Board owes it to the community to
formulate some type of accessible plan; he would like to have a
workshop meeting to address appropriate incentive programs. Mr.
Geudtner stated that it would be inappropriate for them to consider
the internal road network because of the size of their parcel in
relation to the entire Town Center.
Trustee Marienthal asked if they had considered a multi-use building;
the answer to this question was "No" because of the size of the site.
Trustee Marienthal asked if the developer would be asking for recapture
on any of the utilities which they would have to feed down to their
particular site; the answer was "Yes". Mr. Thompson then commented
on the utility situation. Trustee Marienthal asked if staff had
shared the internal road network and the utility network which was
most recently reviewed by the Board with them; Mr. Thompson answered
affirmatively. Trustee Marienthal stated that he would have a serious
problem with access from Route 83 because of the safety factor. Trustee
Glover asked the developer to meet with staff and try and work out
the recapture and utility situations; and he thinks the intersection
should be built properly from the start. Trustee Stone stated that,
possibly with some sort of internal circulation, there might be a
way to work this out, but he cannot see traffic existing on to
Route 83.
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The three gentlemen representing the Bank stated that they would be
willing to work with staff to try and work out some solutions to
the concerns raised by the Board tonight.
Moved by Glover, seconded by Stone, to refer this to staff to come
up with a joint venture. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Trustee Marienthal introduced the next item on the agenda, and APPEAL OF ZBA
stated that there had been a request from the Fines' attorney to DECISION
table this item until there is a full Board. The Yubloskys stated (Fine vs.
that they would prefer that this item be heard at tonight's meeting. Yublosky)
Trustee Marienthal declared a recess from 9:00 to 9:39 P.M. to RECESS
allow time for the Yubloskys to review the letter from Mr.
Rothschild, attorney for the Fines.
Mr. Yublosky stated that they would prefer to have the appeal
heard this evening. Mr. Raysa stated that a continuance could be
appropriate under the circumstances, and that due process might
dictate the continuance. After discussion by the Board, and
based upon the recommendation of the Village Attorney, Trustee
Hartstein requested that the Board grant the continuance because
anyone coming before this Board should have a full understanding
of the basis upon which they are being challenged. Trustee
stone agreed with Trustee Hartstein, and stated that he would
hope that some agreement could be reached in the meantime. Trustee
Hartstein also stated that it should be indicated that the hearing
is not to proceed until such time as the Fines' attorney has been
informed of the basis for the appeal so that he can properly
prepare for an appeal before this Board. Mr. Raysa stated that
the hearing may be held at a date that this Board sets.
Moved by Hartstein, seconded by Glover, that this hearing be
continued to May 7, 1984, with the submission of the basis of
the appeal to be submitted to Mr. Rothschild and the Fines within
the next 5 days. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Hartstein, to adjourn the meeting. ADJOURNMENT
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
The meeting was adjourned at 9:52 P.M.
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A.-rv‘.
Janet M. irabian, Village Clerk
APPROVED BY ME THIS 9tk DAY
OF `rY1,06 , 1984.
Village Preside `
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