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1984-05-07 - Village Board Regular Meeting - Minutes 6407 5/7/84 I MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MAY 7, 1984. The Village Clerk called the meeting to order at 7:45 P.M. Those CALL TO ORDER 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; Richard Kuenkler, Village Engineer; Frank Hruby, Director of Building & Zoning; and Paul Kochendorfer, Village Treasurer. Moved by O'Reilly, seconded by Reid, to appoint Trustee Marienthal TEMPORARY Temporary Chairman of tonight's meeting. Upon voice vote, the CHAIRMAN motion was unanimously declared carried. Moved by O'Reilly, seconded by Reid, to approve the minutes of the APPROVAL OF April 23, 1984 Special Meeting. Upon roll call, Trustees voted as MINUTES follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Mr. Kochendorfer read Warrant #525. Moved by O'Reilly, seconded WARRANT #525 by Stone, to approve Warrant #525 in the amount of $598,139.20, 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 explained the proposed resolution. Moved by Stone, RESOLUTION seconded by Glover, to pass Resolution #84-30, a-Resolution (Warner-Amex) Expressing Continued Support for and Desire to Retain Warner- Amex as Cable Television Franchisee of the Village of Buffalo Grove. After discussion as to whether this Resolution should be worded more strongly, it was decided that it would be left as written. 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 Mr. Kuenkler's memo to him of May 2, 1984 FARRINGTON regarding the Farrington Drive extension; he stated that the DRIVE Hoffman Group is agreeable to staff's recommendation where the EXTENSION Hoffman Group would build the improvement to Crown Point Drive fully at their expense, and that consideration of the extension of Farrington Drive to Route 83 be deferred until a future date. II 6408 5/7/84 After discussion by the Board, it was moved by O'Reilly, and seconded by Glover, to approve Richard Kuenkler's recommendation #4 in his memo to Mr. Balling of May 2, 1984 (extend to Crown Point) for the Farrington Drive extension. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Mr. Balling noted that there will not be a meeting on May 14, FUTURE AGENDA 1984; there will be a Regular Meeting on May 21, 1984; there will not be a meeting on May 28, 1984; and there will be a meeting on Tuesday, May 29, 1984. Mr. Balling reported that the 1984/85 Budget Presentation CABLE TV meetings will be shown on Cable TV on Tuesday, May 8, 1984, and Thursday, May 10, 1984 at 7:00 P.M. It was noted that, in future years, these meetings should be televised before the budget is passed. Mr. Balling pointed out the new agenda format to the Board. AGENDA FORMAT Temporary Chairman Marienthal asked if there were any questions QUESTIONS FROM' from the audience. There were none. THE AUDIENCE Temporary Chairman Marienthal explained the Consent Agenda, and CONSENT stated that any member or the audience or the Board could request AGENDA that an item be removed for full discussion. There were no such requests. Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-37, ORDINANCE an Ordinance establishing authorizing appropriations for the #84-37 Village of Buffalo Grove for the period of May 1, 1984 through (Appropriation) April 30, 1985. This ordinance is required to be passed during the first quarter of the fiscal year to which it applies. A public hearing on the ordinance was conducted on April 23, 1984, and all applicable requirements of the Illinois Revised Statutes have been satisfied prior to its adoption. 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 approve Resolution #84-31, RESOLUTION a Resolution approving the Commonwealth Edison Easement Agreement #84-31 (Milwaukee Avenue Watermain) . The easement agreement was approved (Milwaukee by the Board at the April 23 meeting. Commonwealth Edison also Avenue requires that a resolution be adopted by the Village Board Watermain) Authorizing execution of the agreement. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. tr 6409 5/7/84 Moved by Stone, seconded by O'Reilly, to approve Resolution RESOLUTION #84-32, a Resolution requesting conveyance of right-of-way #84-32 known as Three States Boulevard from the County of Cook. This (ROW resolution is required to obtain transfer of the subject right-of- Covington way to the Village in order to construct Covington Manor (Cedar Manor) View) in accordance with approved plans. 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 proclaim the week of MUNICIPAL May 6-12, 1984, to be Municipal Clerk's Week in the Village of CLERK'S WEEK Buffalo Grove. Upon roll call, Trustees voted as follows: PROCLAMATION AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Stone, seconded by O'Reilly, to accept the Police Pension POLICE PENSIOI\ Fund Annual Report, Fiscal Year 1983-1984. Illinois Revised Statute3PUND ANNUAL require an annual report of fund status be submitted to the Corporate REPORT Authorities by the second Tuesday in May for the prior fiscal year. Acceptance of the Board is requested prior to submission of the report to the Police Pension Board. 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 accept the Firemen's FIREMEN'S Pension Fund Annual Report, Fiscal Year 1983-1984. This report PENSION FUND is presented to inform the Board of the status of the fund during ANNUAL REPORT the prior fiscal year. Its purpose is informational only as there is no statutory requirement to prepare or accept such a report. 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 authorize the bidding AUTHORIZE for the fire station carpeting. Authorization is requested to BIDDING request bids for the replacement of carpeting at Fire Station #5 (Carpeting as approved in the FY1984-1985 Village Budget. Upon roll call, Fire House Trustees voted as follows: #5) AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Stone, seconded by O'Reilly, to approve the Appearance DEVONSHIRE II Commission recommendation for Devonshire II, Green Knolls, Unit GREEN KNOLLS III - new model. The Appearance Commission recommends approval UNIT III of this new model for the subject developments. Upon roll call, (New Model) Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. 6410 5/7/84 Moved by Stone, seconded by O'Reilly, to approve the Plat of APPROVAL OF Resubdivision for the Commons of Buffalo Grove. This plat creates PLAT OF the required right-of-way for future connection from Gardenia SUBDIVISION Lane to the Siefert Parcel. The plat has been approved by the (Commons of Plan Commission and approval is recommended by the Village Buffalo Engineer. Upon roll call, Trustees voted as follows: Grove) AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. L Moved by Hartstein, seconded by O'Reilly, to pass Resolution RESOLUTION #84-33, approving the D. M. Santucci Watermain Easement #84-33 (Milwaukee Avenue Watermain) . 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 Resolution RESOLUTION #84-34, approving a Sanitary Sewer Easement Agreement (Corporate #84-34 Grove) . 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 appoint Trustee PRESIDENT Marienthal President Pro Tem. Upon roll call,Trustees voted PRO TEM as follows: AYES: 5 - Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSTAIN: 1 - Marienthal Motion declared carried. Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-38, ORDINANCE approving the Annexation Agreement for the Corporate Grove. Upon #84-38 roll call, Trustees voted as follows: (Corporate AYES: 6 - Marienthal, Stone, O'Rei.aly, Hartstein, Glover, Reid Grove) NAYES: 0 - None Motion declared carried. Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-39, ORDINANCE annexing certain territory to the Village of Buffalo Grove, #84-39 Illinois (Corporate Grove) . Upon roll call, Trustees voted as (Corporate follows: Grove) AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-40, ORDINANCE amending the Comprehensive Zoning Ordinance of the Village of #84-40 Buffalo Grove, Cook and Lake Counties, Illinois (Corporate Grove) . (Corporate Upon roll call, Trustees voted as follows: Grove) AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Trustee Stone welcomed the Corporate Grove into the Village of Buffalo Grove. 6411 5/7/84 Moved by Stone, seconded by O'Reilly, to appoint Trustee TEMPORARY Marienthal Temporary Chairman of the meeting. Upon roll call, CHAIRMAN Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Trustee Hartstein stated that, in view of the fact there is PROPOSED more information to be obtained, he would move to table the ORDINANCE proposed ordinance; Trustee Glover seconded the motion. Upon REGARDING roll call, Trustees voted as follows: RAFFLES AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. PROPOSED Moved by Stone, seconded by Glover, to pass Ordinance #82-41, ORDINANCE amending the approved plan for the South Phase of the Ranch Mart #84-41 Shopping Center (Pizza Hut) . Trustee Hartstein stated that he is (Pizza Hut) concerned about approving the plan without approval of the Appearance Commission. The attorney representing Pizza Hut stated that they had a problem with the date, and they are on their last extension, which ends this week; he stated that Pizza Hut thinks that they will lose the impulse buyer if they are forced to put up a small sign. Trustee Reid stated that he would prefer not to hear a presentation until the presentation had been heard by the Appearance Commission and the ZBA; Trustees O'Reilly, Stone, and Hartstein stated that they would prefer to hear the presentation tonight. The representatives from Pizza Hut stated that they did not have any drawings available tonight; the Board stated that they would like to see what the building will look like. Mr. Balling reported on the proposed sign, and other details of the restaurant. Trustee Stone withdrew the motion, and Trustee Glover withdrew his second. Moved by Reid, seconded by Hartstein, to table consideration of the Pizza Hut development. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Trustee Stone stated that he would like to notify the Appearance Commission that the developer has indicated a willingness to change the color of the roof from red to another color. With regard to the appeal of the Zoning Board of Appeals decision ZBA APPEAL regarding the Fines and the Yubloskys, Temporary Chairman Marienthal (Fines & asked that each party keep their remarks to 15 minutes each. Yubloskys) Mrs. Yublosky read a statement regarding the effect which the shed built by the Fines will have on them and the neighbors. Mr. Yublosky discussed the six points on which the appeal focuses, which are outlined in his letter to Mr. Balling of April 28, 1984; he passed out photographic exhibits, and displayed a model of the shed as it will appear between the two homes. Mrs. Yublosky reviewed the effect of 6412 5/7/84 the shrubbery proposed to surround the shed. Mr. Yublosky showed the effect of the shrubbery on the model which he had brought;he also passed out two exhibits which showed the effect of the shrubbery. Mr. Edward Rothschild, attorney for the Fines, responded to all of the points raised by the Yubloskys. Trustee Stone asked if there had been an attempt to work out an agreement between the two parties; Mr. Rothschild responded that there had been attempts, but not a resolution of the problem. Trustee O'Reilly asked staff if there is a swale drainage problem; Mr. Hruby stated that, to his knowledge, there is not; Mr. Kuenkler stated that this would not block the swale, although there might need to be a small amount of regrading done. Temporary Chairman Marienthal declared a recess from 9:26 to RECESS 9:37 P.M. Mr. Hruby stated that Exhibit #5 from Mr. Yublosky, and Exhibit #2 from the Fines, both show an 8' x 8' shed which is 1.5' beyond the midpoint of the Fine's home; both documents show that the edge of the shed would be approximately 4' from the property line of the Yubloskys; the drawings appear to be the same. There was then discussion as to whether or not there would be any benefit to a continuance of this matter. Both parties stated that they would not be opposed to a continuance, but that there are no more possible compromises. Trustee Hartstein commented on this situation, and stated that he did not think that the Board should have to make this decision, and that it is a situation which should be worked out between the two neighbors. Trustee Marienthal stated that he would suggest a continuation of this matter for two weeks to see if an amicable solution can be worked out between the two parties. Trustee Glover stated that he agrees with Trustee Hartstein, and thinks that it is a shame that so much time is being spent on this item, but he thinks that, at this point in time, the Board owes it to everyone to make a decision tonight. Moved by Glover, seconded by Reid, to uphold the Zoning Board of Appeals decision on 1344 Devonshire Road. Trustee Hartstein stated that he agrees that the Board owes it to both parties to make a decision tonight; however, he would prefer that the parties work it out between themselves. Mr. Heinrich, Chairman of the ZBA, reported on the findings of that Board, Mr. John Quick, ZBA member, reported on the findings of the opposing view of the ZBA. Mr. Heinrich stated that it was the recommendation of the Engineering Department that no shed be built in the backyard, and that there was no finding of a problem in the side yard. Mr. Yublosky again stated that they are most concerned with the effect of the shrubbery. Mr. Rothschild stated that the shrubbery is not part of the variation. Trustee O'Reilly asked if there is a strong preference for a certain type of shrubbery; Mr. Yublosky stated that there is not. 6413 5/7/84 Upon roll call, Trustees voted as follows on the motion: AYES: 5 - Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 1 - Marienthal Motion declared carried. Mr. Edward Schwartz of Schwartz & Company introduced himself WINDFIELD to the Board. Moved by Stone, seconded by O'Reilly, to refer (Phase 2) the Windfield Subdivision, Phase 2, to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. After explanation by Mr. Balling, it was moved by Hartstein, MILWAUKEE seconded by Glover, to grant authorization to bid the AVENUE Milwaukee Avenue Watermain project. Upon roll call, Trustees WATERMAIN voted as follows: PROJECT AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. After explanation by Mr. Balling, it was moved by Hartstein, 1984 TRUCK seconded by Reid, to award the bid as recommended by staff for FLEET the 1984 Truck Fleet Replacement. Upon roll call, Trustees REPLACEMENT voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Stone, seconded by Glover, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:10 P.M. Janetrabian Village Clerk APPROVED BY ME THIS a.lAt DAY OF 111 , 1984. ""ei."---;42.01.......„.1._ Le \40'1 Village President - I'