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.
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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
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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.
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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.
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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
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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.
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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
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