1983-06-06 - Village Board Regular Meeting - Minutes 6209
6/6/83
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JUNE 6, 1983
President Clayton called the meeting to order at 7:35 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal , Stone, O'Reilly, Hartstein, Schwartz and
Glover. Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; James Doyle, Assistant Village
Manager; William Brimm, Finance Director; Frank Hruby, Director
of Building and Zoning; Ray Rigsby, Superintendent of Public
Works; Richard Kuenkler, Village Engineer; Fire Chief Wayne
Winter; and Paul Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Glover, to approve the minutes APPROVAL OF
of the May 16, 1983 Regular Meeting. Upon roll call , Trustees MINUTES
voted as follows:
AYES: 4 - Stone, O ' Reilly, Hartstein, Glover
NAYES: 0 - None
ABSTAIN : 2 - Marienthal , Schwartz
Motion declared carried.
Mr. Kochendorfer read Warrant #503. Moved by Hartstein, WARRANT #503
seconded by Marienthal , to approve Warrant #503 in the amount
of $441 ,877.71 , authorizing payment of bills listed. Upon roll
call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz,
Glover
NAPES : 0 - None
Motion declared carried.
President Clayton reported that she and Mr. Balling would be PRESIDENT'S
going to Springfield on Wednesday, in conjunction with the REPORT
Illinois Municipal League and the Northwest Municipal Conference,
to testify to a number of bills. The League is requesting that
as many Mayors and Managers as possible attend.
Trustee Stone reported that the Warner Regional Cable Group CABLE TV
met on June 2, 1983, at which time Senate Bill 66 was discussed, (S.B.66)
along with the proposed amendments by Senator Dixon. A resolution RESOLUTION
was drafted in favor of most of the amendments to that bill . The #83-t6
amendments which the group is in favor of are: Section 609,
Section 607, Section 613, Section 614, Section 603 (which was not
listed on the proposed resolution which was distributed to the
Board) , Section 2, a. , and Section 4. Moved by Stone, seconded by
Schwartz, to pass Resolution #83-16, with the inclusion of Section
603. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - None
Motion declared carried.
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6/6/83
Mr. Balling made a presentation to the Board regarding the LAKE COUNTY
proposed Lake County Water Service Contract. Mr. Boysen 's WATER SERVICE
memo to Mr. Balling of June 2 , 1983, Mr. Brimm' s memo to Mr. CONTRACT
Balling of June 3, 1983, and Mr. Balling's memo to the Board
of June 3, 1983 detailing this subject, are on file in the
Clerk's office.
In answer to questions from Trustee O' Reilly, Mr. Balling
stated that:
. . .the area does not have an allocation;
. . .the issue of annexation is a viable one;
. . .the area extends to Milwaukee Avenue, and possibly into
a part of Riverwoods.
Mr. Balling then explained some of the advantages and ramifica-
tions of this contract. He stated that the purpose of tonight 's
discussion is to bring the Board up to date, and present various
options to the Board. Trustee Stone stated that he does not see
any advantage to getting involved in this, since the benefits
are minimal .
In answer to a question from Trustee Marienthal , Mr. Balling
stated that, practically, once a customer is on the line, it
should be presumed that they will stay on the line indefinitely.
Trustee O'Reilly stated that her basic concern is that she does
not want to see an unincorporated area which has not paid for the
service for which Buffalo Grove residents have been paying for
for quite some time, be able to tap on and be paying at the same
rate, or less, than Village residents are paying.
Trustee Glover stated that, regarding simultaneous annexation,
unless there is an unusually high surcharge, he can foresee a
number of pitfalls in the situation. He stated that, unless
there is income potential to offset the risks involved, he does
not think it would be a good business for the Village to get into.
Trustee Hartstein stated that he shares many of the concerns
expressed by other Trustees; however, he does not want to be short-
sighted in dealing with this situation if there is a potential for
benefit to the Village with regard to bringing down the cost of
the water to our present residents. He encouraged Mr. Balling to
continue to evaluate the potential of this particular type of
project, and to come back to the Board with a more detailed
analysis.
Mr. Balling stated that the next step would be to submit a proposal
�.J to the Water Commission , and also to Lake County. Mr. Balling
would bring any such proposal before the Board before presentation
would be made. Trustee Hartstein stated that he would like to have
additional information regarding surcharges. Trustee Marienthal
requested additional information regarding billing.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. There were none. THE AUDIENCE
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President Clayton explained the Consent Agenda, and stated that CONSENT A-GENDA
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 Marienthal , to award the bid for AWARD OF BID
the Unit 213 refit to McCarty Fire Equipment in the amount of (Unit 213
$20,632. The proposal meets all specifications and is below the Refit)
original estimate by $4,368. It was the only proposal received
as a result of rebidding. Upon roll call , Trustees voted as
follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Marienthal , to approve the VILLAGEWIDE
Villagewide watermain reinforcement project W.N. Lane (Easement WATERMAIN
No. 17) . The Village Engineer recommends approval of the REINFO-RCEMENT
subject easement agreement. Upon roll call , Trustees voted PROJECT
as follows : (Easement #17)
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Marienthal , to approve the VILLAGEWIDE
Villagewide watermain reinforcement project Ranchmart (Easement WATERMAIN
No. 22) . The Village Engineer recommends approval of the subject REINFORCEMENT
easement. Upon roll call , Trustees voted as follows: PROJECT
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein , Schwartz, (Easement #22)
Glover
NAYES: 0 - None
Motion declared carried.
Moved by .O' Reilly, seconded by Marienthal , to accept the APPEARANCE
Appearance Commission recommendation reference Levitt Homes COMMISSION
(Serendipity) sales trailer, sales trailer landscaping and RECOMMENDATION_
sales trailer lighting. The Appearance Commission recommends (Levitt
approval of these aesthetic elements for the subject project. Serendipity
Upon roll call , Trustees voted as follows: aesthetics)
AYES: 6 - Marienthal , Stone, O ' Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - None
Motion delcared carried.
Moved by O'Reilly, seconded by Marienthal , to accept the APPEARANCE
Appearance Commission recommendation reference Irving's for COMMISSION
Red Hot Lovers south elevation change at The Grove. The RECOMMENDATION
Appearance Commission recommends approval of this elevation (Irving's for
change. Upon roll call , Trustees voted as follows: Red Hot Lovers
AYES : 6 - Marienthal , Stone, O ' Reilly, Hartstein, Schwartz, elevation)
Glover
NAYES: 0 - None
Motion declared carried.
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Moved by O'Reilly, seconded by Marienthal , to accept the APPEARANCE
Appearance Commission recommendation reference Buffalo Grove COMMISSION
Commerce Center - street trees for Unit 2-B. The Appearance RECOMMENDATION
Commission recommends approval of this aesthetic element of the B.G.COMMERCE
subject property. Upon roll call , Trustees voted as follows : CENTER (Street
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz, trees - Unit 2-B:
Glover
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal , to accept the APPEARANCE
Appearance Commission recommendation reference Waco Electric COMMISSION
Corp. (Buffalo Grove Commerce Center Lot 38) - architecture, RECOMMENDATION
materials, lighting, and landscaping. The Appearance Commission WACO ELECTRIC
recommends approval of these aesthetic elements for the subject (aesthetics)
property. Upon roll call , Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - Noae
Motion declared carried.
Moved by Glover, seconded by Schwartz, to pass Ordinance ORDINANCE
#83-28, amending Title 14, Signs, of the Buffalo Grove #83-28
Municipal Code. Upon roll call , Trustees voted as follows : (Signs)
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NAYES: 0 - None
ABSTAIN : 1 - Glover
Motion declared carried.
Moved by O' Reilly, seconded by Marienthal , to pass Ordinance ORDINANCE
#83-29, approving combined response district agreement between #-83-29�
the Village of Buffalo Grove and the Village of Arlington (Response
Heights. Upon roll call , Trustees voted as follows: District
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz, Agreement)
Glover
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to pass Resolution '/83-17, RESOLUTION
concerning the improvement of Buffalo Grove Road. Upon roll call , #83-17
Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - None
Motion declared carried.
Trustee Hartstein reviewed the proposed Resolution, and RESOLUTION
referred to the memo from Mr. Brimm to Mr. Balling dated #83-1
June 3, 1983. Mr. Raysa stated that the initial fee to the
Village for an application fee would be $3,000.00 and there
would also be 1/10 of l% of the net to the Village. Any costs
such as Village Attorney fees or bond consultants for the
Village, would be direct out-of-pocket expense, and would be
paid by the developer. He stated that Village staff work would
not be direct, out-of-pocket expense. Mr. Raysa also pointed
out that these bonds are not a debt to the Village. Mr. Raysa
then explained the Resolution and Memorandum of Intent which
are before the Board at this time; the Public Hearing is tentatively
set for July 18, 1983. Mr. Brimm stated that there is very little
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staff time involved in this; he also stated that there is no limit
on the amount of bonds which may be issued by the Village.
Mr. Balling stated that the property is currently zoned
properly for the use, and the Village Planner thinks that a
day care center is a viable use for the property.
Moved by Hartstein, seconded by Schwartz, to pass Resolution
#83-18, authorizing the execution of a Memorandum of Intent
by and between the Village of Buffalo Grove and ARA Services,
Inc. , regarding the issuance of Industrial Development Revenue
Bonds. Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz,
Glover
NAYES: 0 - Nooe
Motion declared carried.
Mr. Kuenkler stated that the items in his memo of June 2, BUFFALO GROVE
1983 are outstanding. Regarding Item 3, he stated that the COMMERCE CENTER
Soo Line has requested that the Village be the permittee, and (Unit 20
that will be on the June 20, 1983 agenda.
Moved by Stone, seconded by O' Reilly, to approve the Final
Plat of Subdivision for the Buffalo Grove Commerce Center,
Unit 2B , subject to receipt of all monies owed, the Board
action for drainage, and the Commonwealth Edison permit for
drainage.
In answer to a question from Trustee Hartstein, Mr. Balling
explained the status regarding fencing. Mr. Peter Bianchini ,
representing the developer, stated that they feel strongly
that fences cannot go in at the time when the property is
initially zoned; a piece of ground may sit empty for two to
three years, and there is no need for a fence until someone
goes in to do something with the property.
Trustee Marienthal stated that he does not think it makes
sense to pass this motion tonight. Mr. Raysa stated that it
would be possible to delay action on this until June 20, 1983,
and still resolve the fence issue at this time. Trustee
Hartstein stated that he thinks there should be some assurance
to the Village and the residents that, if lots are not sold
off by a certain point in time, the developer will be responsible
for the fencing being put up.
Trustee Store withdrew the motion, and Trustee O' Reilly
withdrew the second.
Mr. Bianchini suggested that, if the fences are not installed
at the time of final acceptance, the Village would then ask
the developer to either post bond of install the fencing.
Moved by Hartstein, seconded by Marienthal , that a condition to
be included in the SIA agreement be added which specifies that
the developer shall be responsible to erect all perimeter fencing
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abutting residential areas no later than the completion, the
pulling of permits for 50% of the lots of the subdivision, and
in no event, later than final acceptance, with the alternative
being to secure appropriate bonding to insure the installation
of the fencing. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Glover
NAYES: 0 - None
ABSTAIN : 1 - Schwartz
Motion declared carried.
Mr. Kuenkler stated that he received a call from the bonding BUFFALO GROVE
company that the copies should be delivered to the owner COMMERCE CENTER
tomorrow, and the Village should have them within the next few (Lot 37)
days. Moved by Stone, seconded by O' Reilly, to approve the Site
Improvement Agreement for the Buffalo Grove Commerce Center,
Lot 37, subject to receipt of the project financial security.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein , Glover
NAYES: 0 - None
ABSTAIN : 1 - Schwartz
Motion declared carried.
Trustee Glover explained the appeal of the Appearance Commission APPEARANCE
recommendation regarding the signage at Janie's in the Strathmore COMMISSION
Square Shopping Center. Mr. Don Hardt, Chairman of the Appear- APPEAL
ance Commission, explained that the Appearance Commission approved (Janie's)
the sign package for the Center; Mr. Morelli was advised at that
time that alternate colors might be requested by the tenants, but
Mr. Morelli assured the Commission on several occasions that he
wanted all white signs.
Mr. John Doyle of the sign company dealing with the petitioner,
made a presentation regarding the proposed sign. He stated that
the sign criteria stated that variance in letter style and color
may be allowed if the tenant has been identified by a certain
style and color in other areas. Mr. Perry Wein, owner of Janie's,
explained that the yellow letters are important to his identification.
Mr. Morelli stated that, when he wrote the sign package for the
center, he wanted the letters to be white if there was no purpose
for other colors or letter sytles. He stated that the package
states that variances shall be granted if there is a specific
reason. Mr. Hartstein read the criteria set forth in the sign
package, and hw.1 thinks that , based on what is stated in the sign
package, there is discretion allowed with regard to color.
Moved by Glover, seconded by O' Reilly, to uphold the Appearance
Commission recommendation with regard to the signage of Janie's.
Mr. Hardt stated that, when the plan was submitted by Mr. Morelli ,
the first three or four tenants were forced to go with the white
signs, and the Commission thinks that it would be unfair to those
tenants to now allow other colors on the signs. Trustee Hartstein
urged the Board to be cognizant of the language in the sign package,
and also the fact that the Appearance Commission decision was split.
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Upon roll call , Trustees voted as follows on the motion:
AYES: 4 - Marienthal , Stone, O' Reilly, Glover
NAYES : 2 - Hartstein , Schwartz
Motion declared carried.
Mr. Wein asked what the next course of action would be for him
to follow. Mr. Raysa responded that the next course of action
would be through a court of law.
Mr. Raysa stated that, under design requirements in the second
to the last paragraph, his copy reads ". . .at the discretion of
the landlord subject to approval by the Village." The copy which
Trustee Hartstein read stated "Variations will be granted". Mr.
Raysa asked staff for a clarification on same. Trustee Hartstein
stated that he would also like clarification, and wanted the record
to state that ;:he Village Board does have the authority to grant
this variance. Mr. Hruby stated that the copy which he provided
to Mr. Raysa was given to Mr. Hruby by the recording secretary
and the staff liaison.
Mr. and Mrs. Jensen , owners of Bev's Hallmark, appealed the APPEARANCE
Appearance Commission decision regarding the sign for Bev's COMMISSION
Hallmark. Mr. John Doyle, representing the sign company, made APPEAL
a presentation, and stated that there are other sites in the Bev's Hallmark)
Village where red lettering is allowed. Mr. Jensen stated that
the white sign against the light beige background is difficult
to notice, and that Hallmark also generally supports the red signs
against a light background. Mr. Jensen then read a portion of
their lease, which states that the tenant may install a red sign
with the Hallmark logo, so long as it complies with Village approval ,
and is not incompatible with the design of the shopping center.
Mr. Hardt explained that the difference in this case is that
there are not multiple stores involved.
Trustee Hartstein moved to overturn the Appearance Commission
recommendation and to allow the sign as presented this evening.
There was no second to the motion. Moved by Glover, seconded
by O'Reilly, to uphold the Appearance Commission recommendation
regarding the signage for Bev' s Hallmark in the Strathmore
Square Shopping Center.
Mr. Doyle, of Doyle Signs, Inc., stated that this is inconsistent,
since other stores in the Center have been allowed different
color signs. Trustee Schwartz stated that, in the previous
appeal , there was a store with other stores having different
colors. In this case, there are no other stores to identify
with this particular store. Trustee Hartstein stated that the
Quinlan & Tyson sign in this shopping center was permitted with
a red "Q" and "T"; therefore, the color red in this sign would not
be inconsistent. Mr. Jensen stated that there is a clause in
the signed lease which states that he would be allowed the red
lettering.
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Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, O' Reilly, Schwartz, Glover
NAYES: 1 - Hartstein
Motion declared carried.
Mr. Jensen also asked what his recourse would be, and was
told that it would have to be handled in a court of law.
Moved by O 'Reilly, seconded by Stone, to adjourn the meeting. ADJOURNMENT
�•/ Upon voice vote, the motion was unanimously declared carried.
The meeting adjourned at 9:30 P.M.
Janet N Sirabian, Village Clerk
APPROVED BY ME THIS .1C& DAY
OF u 1983.
Wage President