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1983-05-16 - Village Board Regular Meeting - Minutes 1 6202 5/16/83 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS , VILLAGE HALL, MAY 16, 1983 President Clayton called the meeting to order at 7:32P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President Clayton; ROLL CALL Trustees Stone, O' Reilly, Hartstein, and Glover. Trustees Marienthal and Schwartz were 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 and Zoning, James Truesdell , Village Planner; Leo McCann, Police Chief; Wayne Winter, Fire Chief; and Paul Kochendorfer, Village Treasurer. Moved by Stone, seconded by Glover, to approve the minutes APPROVAL OF of the May 2, 1983 Regular Meeting. Trustee O' Reilly requested MINUTES that the last paragraph on page 6200 be removed from the minutes. Trustee Stone amended his motion to include the correction requested by Trustee O'Reilly and seconded by Glover. Upon roll call , Trustees voted as follows : AYES : 4 - Stone, O'Reilly, Glover , President Clayton NAYES : 0 - None ABSTAIN : 1 - Hartstein ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Mr. Kochendorfer read Warrant #502. Moved by O' Reilly, WARRANT #502 seconded by Glover, to approve Warrant #502 in the amount of $846,101 .26, authorizing payment of bills listed . Upon roll call , Trustees voted as follows : AYES : 4 - Stone, O' Reilly, Hartstein , Glover NAPES : 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. President Clayton then announced the new Trustee Liaison TRUSTEE LIAISON assignments, which are as follows: ASSIGNMENTS TRUSTEE MARIENTHAL - Zoning Board of Appeals Transportation Commission TRUSTEE STONE - Plan Commission Cable TV TRUSTEE O'REILLY - Intergovernmental Trustee Community Blood Donor Commission TRUSTEE HARTSTEIN - Finance Trustee Police Pension Board Fire Pension Board U 6203 5/16/83 TRUSTEE SCHWARTZ - Fire & Police Commission Buffalo Grove Days Committee E S DA TRUSTEE GLOVER - Appearance Commission Board of Health Electrical Commission President Clayton reappointed the following Commission COMMISSION chair-persons for a term to expire April 30, 1984: CHAIR-PERSON Don Hardt Appearance Commission REAPPOINTMENTS Sylvia Bogart Community Blood Donor Commission Dr. David Seidel Board of Health Clarke Walser Fire & Police Commission Pat Shields Plan Commission Glenn Ahrenholz Transportation Commission Moved by Hartstein, seconded by O ' Reilly, to concur with President Clayton 's reappointments. Upon voice vote, the motion was unanimously declared carried. Mr. Walser and Mr. Shields were in the audience, and President Clayton introduced them, and thanked them for their hard work and dedication to the Village. President Clayton noted that, in lieu of a Board meeting next FUTURE AGENDA week, there will be a Strategic Planning Session, looking at the future of the Village. The meeting will be held on Monday, May 23, 1983, from 3:30 P.M. until 9:00 P.M. Mr. Balling noted the submission of the Management Report for MANAGEMENT April , 1983. THere were no questions on same. REPORT Mr. Balling noted that the Chamber of Commerce has requested CHAMBER OF the Village's consideration of an exemption to the Sign Code to COMMERCE permit promotional banners within shopping centers for a pre- scribed period of time annually. The retailers in the community feel very strongly that this type of promotion would be beneficial to them. Mr. Balling asked the Board 's permission to refer this item to the Appearance Commission for their review and considera- tion. This would be an amendment to the Sign Code. Trustee Hartstein would want notification to the Village regarding dates and time limitations. 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 AGENDA any member of the Board or the audience could request that an item be removed for full discussion. There were no such requests. Moved by O 'Reilly, seconded by Stone, to approve the Appearance APPEARANCE Commission recommendation for F.P. C. (Buffalo Grove Commerce COMMISSION Center) - Architecture/materials, landscaping, lighting, dempster RECOMMENDATION area screening. The Appearance Commission recommends approval of (Aesthetics these aesthetic elements for the subject property. Upon roll , F.P. C. - Buffalc call , Trustees voted as follows: Grove Commerce Center) 6204 5/16/83 AYES : 4 - Stone, O' Reilly, Hartstein, Glover NAYES: 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Moved by O' Reilly, seconded by Stone, to approve the storm sewer STORM SEWER easements for 389 and 391 Indian Hill Drive. The Village Engineer EASEMENTS recommends approval of the subject easements which were obtained in (389 & 391 conjunction with the repair of the storm sewer on these properties. Indian Hill) Upon roll call , Trustees voted as follows : AYES: 4 - Stone, O' Reilly, Hartstein, Glover NAYES: 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Moved by O ' Reilly, seconded by Stone, to approve the Village- EASE'MENT wide watermain reinforcement project, Buffalo Grove High School (B. G. High Easement (No. 12) . The Village Engineer recommends approval of School) this easement agreement required for the subject project. Upon roll call , Trustees voted as follows : AYES : 4 - Stone, O' Reilly, Hartstein , Glover NAYES: 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Trustee O' Reilly explained the proposed Ordinance. Moved by ORDINANCE O' Reilly, seconded by Hartstein, to pass Ordinance #83-26, #83-26 amending Ordinance #83-18 and providing for the reapproval of the first amended water supply contract. Upon roll call , Trustees voted as follows : AYES: 4 - Stone, O' Reilly, Hartstein , Glover NAYES: 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Pr esident Claytonasked ske if there was any objection from the Board to moving Item XIII , D, to this point on the agenda, since there are so many people in attendance for that particular item. There was no objection. Mr. Jerry DeGrazia, representing the Anden Corporation, made a NORTHWOOD GROVE presentation to the Board. Mr. DeGrazia stated that the UNIT II subject property is approximately 16 acres between Armstrong Drive and Lake-Cook Road, and east of Industrial Drive; he then described the proposal for the property. Mr. Wandry of John R. Cook Associates, Ltd. , reviewed the study and recommendation that their firm has prepared for Anden Corporation. Mr. DeGrazia then summarized the presentations. Mr. Truesdell showed a video tape of the Anden product in Naperville, which is similar ar to the one for Buffa lo proposed Grove; Mr. DeGrazia narrated the video tape. Trustee O'Reilly questioned the fiscal impact of the development. Mr. Truesdell replied concerning the figures which he had reviewed. Mr. DeGrazia explained the method they had used to come up with the present land plan , and the square footage of both the houses 6205 5/16/83 themselves and the lots; he also explained the buffering which would be placed along Lake-Cook Road. Trustee Stone noted the numerous variances which are being requested, and the decrease in tax dollars, and stated that he does not see any advantage to the Village in approving this plan. Trustee Hartstein stated that he had numerous concerns with the proposed plan; he stated that he thinks that single-family is preferable to multi-family, but he does not believe it is preferable to go along with the proposed variances. However, Mr. Hartstein urged the developer to continue working on a single-family development. Mr. DeGrazia stated that he appreciated the Board 's comments, and indicated that Anden would determine whether to proceed with the proposed plan, or go back to the original plan. Moved by O' Reilly, seconded by Stone, to deny referral of the Northwood Unit II Development. Mr. Raysa indicated that there are two appropriate avenues open; the first would be to refer the plan to the Plan Commission; the second would be for the petitioner, on his own volition, to, in effect, change the petition and renew the plan and bring it back before the Board. The purpose of referring to the Plan Commission is for recommendations to the Board. Mr. DeGrazia stated that he wished to come back in two weeks with ei;:her a new plan, or a continuation of the approved plan. Trustee O' Reilly withdrew the motion, and Trustee Stone withdrew the second. In answer to a question from a resident, Mr. Balling explained the way in which a development proceeds. A resident asked if Mr. DeGrazia would be willing to meet with the residents to come up with a satisfactory plan. Mr. DeGrazia stated that he would be willing to meet with the homeowners, if he decides to proceed with another alternative. President Clayton declared a recess from 8:58 P.M. until RECESS 9:23 P.M. Mr. Kuenkler referred to his memo to Mr. Balling of May 11 , ORDINANCE #83-27 1983, with regard to the Development Ordinance. Mr. Raysa (Development suggested a correction on Page 12, Subparagraph C, changing Ordinance) the words "shall" to "may", with the understanding of the differentiation between annexation and, for instance, a change in zoning. Mr. Raysa also commended staff and the Village Engineer for their work on this ordinance. Mr. Kuenkler stated that there were no substantive changes between the final product and that which the Board formerly reviewed. Moved by Stone, seconded by O' Reilly, to pass Ordinance #83-27, Development Ordinance. Upon roll call , Trustees voted as follows: AYES : 4 - Stone, O'Reilly, Hartstein , Glover NAPES : 0 - None ABSENT: 2 - Marienthal , Swartz Motion declared carried. 6206 5/16/83 Police Chief McCann explained the proposed ordinance. Moved PUBLIC NUISANCE by Stone, seconded by O 'Reilly, to pass Ordinance #83-28, ASSEMBLAGE amending Title 9 of the Buffalo Grove Code prohibiting public ORDINANCE nuisance assemblages. Discussion on the proposed ordinance followed , with the major items of discussion being enforcement, and language clarification. Mr. Raysa stated that this ordinance would give the Police Department a tool with which to work. It was decided that the proposed ordinance should have some language clarification and refinement, and be brought back to the Board after same. Trustee O'Reilly withdrew her second to the motion. Mr. Raysa stated that he would have no problem with the ordinance being brought back to the Board at a later date. Trustee Stone withdrew his motion. Moved by O'Reilly, seconded by Hartstein, to award the bid for FIRE DEPARTMENT the two Power Rescue systems to Lucas American, Inc. of Downers POWER RESCUE Grove, Illinois as being the lowest responsible bidder meeting TOOLS Village specifications, at a cost of $11 ,495.40, which includes the trade-in value for the old systems. Upon roll call , Trustees voted as follows: AYES : 4 - Stone, O' Reilly, Hartstein, Glover NAYES : 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Moved by O 'Reilly, seconded by Hartstein , to award the contract VILLAGEWIDE for the Villagewide Watermain Reinforcement Project to D. L. WATERMAIN Amici Company of Melrose Park, Illinois, as being the lowest REINFORCEMENT responsible bidder meeting Village specifications, in the amount PROJECT of $1 ,452,298.00, contingent upon the items mentioned in Mr. Kuenkler's memo of May 10, 1983. Upon roll call , Trustees voted as follows : AYES : 4 - Stone, O' Reilly, Hartstein, Glover NAYES: 0 - None ABSENT: 2 - Marienthal , Schwartz Motion declared carried. Mr. Balling explained the circumstances regarding this referral BUFFALO GROVE to the Plan Commission; he noted that the subject does require COMMERCE CENTER a Public Hearing by the Plan Commission. Moved by Stone, (Rezoning of- seconded by O 'Reilly, to refer the rezoning of Outlot A, Unit 2B Outlot A, of the Buffalo Grove Commerce Center to the Plan Commission. Unit 2B) Upon voice vote, the motion was unanimously declared carried. Trustee Glover explained the request from the real estate SIGN CODE brokers. Trustee Glover also stated that, since his wife is MODIFICATION a real estate salesperson, he will not be participating in the discussion, and that would be his reason for absentation from voting. Mr. Bill Murphy, of Quinlan & Tyson , stated that he is asking for a relaxation of the current ordinance which calls for removal of the real estate sign within 48 hours after the property is sold. Mr. Murphy noted the time limitations in other communities. U 6207 5/16/83 The real estate firms are requesting that the time period for removal of a sign be extended to two weeks, rather than two days. Mr. Murphy stated that it is sometimes difficult to get the signs removed within 48 hours. Phyllis Rose stated that the real estate firms would also like to amend the ordinance to allow "Open House" signs from 12 :00 P.M. - 6:00 P.M. on Sundays. Trustee O'Reilly asked Chief McCann if the 14 day limit would be workable for the Police Department. Chief McCann stated that it would be more difficult from an enforcement standpoint; he stated that 7 days would be more workable than 14 days. Mr. Hruby noted the problems involved with the 14 day limit; he also stated that he would definitely not recommend to the Board that they allow signs in the right-of-way. Moved by Hartstein, seconded by O'Reilly, to modify the Ordinance to allow real estate signs to remain in place for 7 days after sale, and direct the Village Attorney to prepare an ordinance to that effect. Mr. Balling pointed out that a 7 day time limit will create a problem, and although the 7 day limit will be reasonable, it will not be as enforceable as either no limit or 48 hours. Mr. Balling stated that he pointed this out to the Board to recognize that there needs to be some balance in looking at the enforcement effective- ness of this under 7 days , and it will be cumbersome for the Police Department. Upon roll call , Trustees voted as follows on the motion : AYES: 4 - Stone, O' Reilly, Hartstein , President Clayton NAYES : 0 - None ABSENT: 2 - Marienthal , Schwartz ABSTAIN : 1 - Glover Motion declared carried. President Clayton noted that the Appearance Commission will be notified of this change, since it will be an amendment to the Appearance Plan. Regarding the subject of signs permitted in the right-of-way, Mr. Raysa noted that if one type of advertising sign were to be allowed, all types of advertising signs would have to be allowed. Mr. Raysa stated that this would constitute using public property for private purposes. Mr. Hruby stated that signs in the right-of-way could distort the view of traffic. There was discussion on this subject. President Clayton polled the Board : "Yes" would indicate favor of an amendment to the Sign Code allowing signs in the right-of- way to be regulated by size and time that they can be up; "No" indicates opposition : YES: O ' Reilly NO: Stone, Hartstein, President Clayton (based upon the discussion) ABSENT: Marienthal , Schwartz ABSTAIN: Glover 6208 5/16/83 There was then discussion of permitting secondary signs on the subject property when there is an Open House. President Clayton polled the Board: "Yes" indicates favor of amending the ordinance to allow a second sign indicating an Open House on a lawn of a house for sale, with the hours for same being designated from 1 :00 - 6:00 P.M. on Saturday and Sunday; "No" indicates opposition : YES : Stone, O'Reilly, Hartstein NO: None ` ABSENT: Marienthal , Schwartz L ABSTAIN : Glover Moved by O'Reilly, seconded by Stone, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:25 P.M. Janet M irabian , Village Clerk ' hin.' APPROVED BY ME THIS (tiL DAY OF bikiu_ , 1983. 'Tar �.---�_ _ .yam '2Village Presid nt