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2004-07-12 - Village Board Regular Meeting - Minutes 11523 7/12/2004 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,JULY 12,2004 CALL TO ORDER President Hartstein called the meeting to order at 7:33 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Johnson,Kahn and Trilling. Trustee Berman was absent. Also present were: Ghida Neukirch,Acting Village Manager;William Raysa,Village Attorney;William Brimm, Assistant Village Manager/Finance Director;Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Johnson,to approve the minutes of the June 21,2004 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1—Berman Motion declared carried. WARRANT#1008 Mr.Tenerelli read Warrant#1008. Moved by Johnson,seconded by Glover,to approve Warrant#1008 in the amount of $2,284,210.78 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling • NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. FOURTH OF JULY President Hartstein commented on the terrific 4th of July fireworks,and the concert by the Buffalo Grove Symphonic Band,and reminded everyone that there will be another opportunity to see a great fireworks show during the upcoming Buffalo Grove Days Festival. WORKFORCE COMMUNITY SCHOLARSHIP President Hartstein announced the winners of the 2004 Workforce Board/Village of Buffalo Grove Community Scholarships,and thanked the businesses that made generous donations to make these scholarships possible. The scholarship recipients for 2004 are: Andrew Kahn,Trevor Kahn,Lindsay Karlin,Samantha Schmidt,Noah Siegel,Neil Spector,Diana Sroka and Barry Steinberg. Mary Pepperel of the Workforce Board presented a history of the scholarship program and commended the scholarship winners as well as the Buffalo Grove businesses that supported this program. Each of the students introduced themselves and shared their academic plans as they thanked the Village and the businesses for the help with their academic endeavors. 11524 7/12/2004 PROCLAMATION President Hartstein read from a proclamation declaring July 16,2004 as Evita Day in the Village of Buffalo Grove and urged residents to recognize and support the outstanding cast(including Trustee Jeffrey Berman and daughters) and crew of this fine production by attending one of the upcoming performances of Evita to be held over the next two weekends. The producer of the show presented a brief history of the production and noted that the first performance will be July 16,2004 at the Stevenson High School auditorium,and he urged residents to come out and enjoy a wonderful event. BUFFALO GROVE ARTS FESTIVAL Trustee Johnson reviewed the plans for the 3`d Annual Buffalo Grove Fine Arts Festival to be held at the Town Center on July 17-18,2004,and urged residents to make plans to attend. MOSQUITO CONTROL Trustee Johnson stated that Clarke Environmental Mosquito Management has informed the Village that there was a pool of mosquitoes that tested positive for the West Nile Virus. Trustee Johnson emphasized that this was not unexpected,but he urged residents to take necessary protections and be aware of areas that are likely to attract mosquitoes. CULVER'S RESTAURANT Assistant Village Manager Neukirch reviewed the request from Culver's Restaurant,450 McHenry Road,to extend their hours,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil. Staff is recommending that this request be deferred until the next meeting so that letters may be sent out to property owners within 250' of the property to give them an opportunity to comment. Kevin Weasler,owner of Culver's,explained why they are making this request and noted that they have a very good relationship with their neighbors and want to continue that relationship. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience. Rob Sherman,resident,referred to the proposed development by Arlington Heights on the west side of Old Arlington Heights Road,noting that the Village of Buffalo Grove has sent a resolution to the Village of Arlington Heights noting opposition to the development. Mr. Sherman noted that the Arlington Heights Plan Commission unanimously rejected the proposal,and the developer will be before the Arlington Heights Village Board Meeting on July 19,2004. Mr. Sherman suggested that,because of the proximity to Buffalo Grove High School and the scarcity of parking at that school,this parcel of land be used for a parking lot for the students;he asked that the Village Board be polled to see if there is support for this suggestion. President Hartstein stated that he appreciated Mr. Sherman's comments,however,this suggestion would be completely within the province of the District 214 School Board. Victor Sidlow, 1034 Greenridge Road,questioned Pace bus service,stating that,as a resident of Mill Creek,there is not a nearby route that would get him to the Buffalo Grove train station. President Hartstein stated that the Village is continually in contact with Pace with regard to expanding routes,and he suggested that Mr. Sidlow make his recommendations to the Village Manager's officer and those suggestions will be passed on to Pace. 11525 7/12/2004 CONSENT AGENDA President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests. The Village Clerk then read a brief synopsis of each of the items on the Consent Agenda. Moved by Braiman,seconded by Glover,to approve the Consent Agenda. ORDINANCE#2005-65—515 BUCKTHORN Motion to approve Ordinance#2004-65,granting a variance from Zoning Ordinance, Section 17.20.030,pertaining to Building Height,Bulk and Lot Coverage,for the purpose of locating a central air conditioning unit in the front yard. ORDINANCE#2004-66—ST.MARY'S PARISH Motion to approve Ordinance#2004-66,granting a variance from Sign Code, Section 14.20.010,pertaining to Residential Districts,for the purpose of constructing a ground sign at the northwest corner of Lake Cook Road and Buffalo Grove Road that would exceed sixteen(16)square feet and would project into the required building setback area. ORDINANCE#2004-67—SURPLUS PROPERTY Motion to approve ordinance#2004-67,authorizing the disposal of Surplus Village Personal Property. GROUNDWORK OFFICE BUILDING Motion to approve Certificate of Initial Acceptance&Approval for Groundwork Office Building. Upon roll call,Trustees voted as follows to approve the Consent Agenda: AYES: 5 -Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1—Berman Motion declared carried. EXECUTIVE MEETING Moved by Kahn,seconded by Glover,to move to Executive Meeting for the purpose of discussing Possible or Probable Litigation and the Purchase or Lease of Real Estate. Upon roll call,Trustees voted as follows: AYES: 5-Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. The Board moved to Executive Meeting from 8:09 P.M.until 8:45 P.M. PUBLIC HEARING—1250 RADCLIFF ROAD At 8:45 P.M.,President Hartstein called the Public Hearing regarding the re-zoning at 1250 Radcliffe Road from the R-7 District with a Special Use to the R-5 Dwelling District;he then reviewed the purpose of this Public Hearing and noted that the Notice of Public Hearing was published in the Daily Herald. After President Hartstein swore in Ghida Neukirch and Robert Pfeil to give testimony,Mrs.Neukirch made a presentation with regard to this property,which included a history of the property,details of which are contained in the Village Board Meeting Agenda Item Overview that she and Mr.Pfeil prepared. 11526 7/12/2004 Mrs.Neukirch noted that R-5 zoning is the predominant use within the entire area,and it is the desire of the Village to have R-5 zoning that would be compatible with the area in the Mill Creek subdivision. Mrs.Neukirch stated that the Village has considered and evaluated the factors as set forth in LaSalle National Bank of Chicago vs. County of Cook,and believes that the re-zoning is in the best interest of the Village. Issues that were considered were: • Uses and zoning of neighboring properties • Extent to which zoning restrictions diminish property values • Care with which the community planned its land use and development • Property was zoned R-5 before it was re-zoned for the Jacob Duman Center,and it is the intent of the Village to return the property to its original zoning Mr.Pfeil noted that the Mill Creek Condos were developed as a P.U.D. Trustee Johnson confirmed with Mrs.Neukirch that the reason that the R-7 zoning was granted as a result of the original zoning process was in order to accommodate the specific use of the property as a community center since it was a school prior to that,and the only zone that existed in the Village at the time that would accommodate that particular special use was the R-7. Trustee Trilling confirmed with Mrs.Neukirch that the current zoning ordinance with the R-7 Special Use specifically states that if the Jewish Federation is no longer utilizing the building for purposes outlined by the Federation,the Special Use is no longer in effect,but the R-7 zoning would remain in effect. Trustee Braiman confirmed with Mrs.Neukirch that the Village has a legislative history regarding the reason from moving this property from an R-5 to an R-7 and is confident that those reasons are true and accurate. In answer to a question from Trustee Braiman,Mrs.Neukirch referred to the Official Zoning Map of the Village dated 3/15/04(Village Exhibit 1),to confirm that there is no other R-7 zoning in the vicinity. Trustee Braiman stated that the Village has not approved an R-7 zoning for residential purposes for at least 15 years, and changing the subject property to R-5 would merely make the site more compatible with surrounding areas and put it back to what it was before the Jewish Federation occupied the property. Trustee Johnson confirmed with Mrs.Neukirch that Village staff is comfortable that zoning the property to R-5 is consistent with all of the factors set forth in the LaSalle case. Trustee Braiman confirmed that this property could still be used as a school. In answer to a question from Trustee Trilling,Mrs.Neukirch stated that Millenium Properties and the attorney for the property owner have been notified that re-zoning would be immediate if the proposed ordinance is passed. There are currently three tenants/uses operating out of the building currently that would be legal,non-conforming uses. Trustee Hartstein asked if there were any further questions from Trustees or members of the public;there were none. Richard Wexler,Lord Bissell Brook,LLP, 115 S.LaSalle Street,Chicago,Illinois 60603,representing the Jewish Federation of Chicago,owner of the Jacob Duman building,was sworn in to give testimony,along with Rick Katz, Executive Vice President of the Jewish Federation of Chicago. Mr.Wexler stated that the Jewish Federation of Metropolitan of Chicago objects,as the filed protest petition does formally,to what they believe is a very ill-timed rush to downsize the subject property from R-7 to R-5,and to frame the issues as if there has not been almost 20 intervening years between the granting of the Special Use and the date of this Public Hearing,and he reviewed the development that has taken place in the area during those 20 years. 11527 7/12/2004 The re-zoning tonight,knowing that the Jewish Federation has scheduled an auction in three days,appears to be intended to influence in a negative way the value that the Jewish Federation,a non-for-profit philanthropic organization,might realize from the sale. The Village and residential neighbors gain nothing from downsizing at this time,while the Jewish Federation stands to lose significant property value. The Federation has to maximize the return on the Duman building investment and plans to do so in a manner without harm to the interests of the Village or its neighbors. There is no planning rationale for this down zoning. There is no planning evidence in support of this down zoning. There is no need to terminate the Special Use tonight,as that terminates under change in ownership under Ordinance#85-56. The Jewish Federation of Metropolitan Chicago has always sought to be a good,non-profit citizen within the corporate limits of the Village. They believe that the actions contemplated tonight could easily have awaited the auction date scheduled by the Federation,and still can if the matter is continued until the broker can determine at auction the ultimate use of the property. They do not believe that there will be any residential buyers for this property. If the Federation achieves the minimum price,there will be no issues between the Village and the Federation. If they do not achieve that price,the Village should not be in a position of potentially having influenced the value by precipitous action tonight. They again respectfully request that this matter be continued until the next meeting date of the Village Board. They also ask that the record of these proceedings incorporate the Federation's formal protest of the zoning action that was filed late last week President Hartstein stated that he takes great umbrage at the suggestion that the Village of Buffalo Grove is being anything less than fair in this particular situation. President Hartstein pointed out that the Village Board has a duty as officials of the Village to be fair to the entire community,including the Jewish Federation of Metropolitan Chicago. This Public Hearing is being held so that all parties concerned have an opportunity to present their views. The time of this Hearing was done with the desire to be fair and equitable to the Federation and any potential bidders for this property so that they would know in advance that there is the possibility for this property to revert to the original R-5 zoning. In answer to a question from President Hartstein,Mr.Wexler stated that it is his understanding that all potential bidders that requested a bid book have been advised of the possibility of the down zoning activity;he believes that written notice was given. Inquiries that have been received have been,generally speaking,from residential developers,school use and a church. Mr.Wexler stated that it is his understanding that each and every person requesting a bid package for submitting a bid on this proposal has been advised in writing by Millenium Properties of the proposed re-zoning of the property. Trustee Glover asked if anyone who received a bid package before notice of the possible re-zoning received a follow-up letter advising them of that possibility. Mr.Wexler stated he understands that each person who requested a bid package has received the form contract to be submitted with their bid,which contains within it,disclaimer language that advises them of the Village's pending down zoning action and the termination of the Special Use. Everyone receiving a bid packet has received a contract with language regarding the down zoning and Special Use termination. Trustee Glover confirmed that the Federation has been a very good neighbor in the Village,however,that may not be the same situation with whoever buys the property,and the Village has an obligation to protect them and the parcel of land,while still giving the Federation a chance to make their statements known. President Hartstein pointed out for the record that he was a member of the Board of Directors for the Jewish Community Centers of Chicago and served as Past President,however,he is no longer on that Board;he also served on the Jewish Federation Board of Metropolitan Chicago,but has not been on that Board for approximately ten years. Also,President Hartstein is aware of the fact that his former law partner,Robert Pinzer,represents one of the potential bidders on the property,and President Hartstein no longer has any relationship at all with that partnership. Trustee Johnson noted that Mr.Wexler stated that he did not believe that the property would be acquired by a residential developer,however,he also said that several of those requesting bid books are residential developers. Trustee Johnson also stated that the Federation's desire to maximize the return on their investment might also be contrary to the peaceful enjoyment of the property in the R-5 area. Mr.Wexler disagreed with that statement because he stated that he cannot conceive that a responsible developer would erect a product that is incompatible with the property to the east. 11528 7/12/2004 Mr.Wexler again confirmed that it is his opinion that persons who have requested bid packages,when they submit their bid,would be aware of the potential for the re-zoning of the property from R-7 to R-5 and might submit bids reflecting that potential. Trustee Trilling asked if the bid form allows the opportunity for a prospective bidder to identify his bid amount consistent with a particular zoning that he is requesting. Mr.Wexler stated that the form itself does not allow for a conditional bid,however,they do anticipate that that is what will happen. Trustee Braiman stated that he would feel better about agreeing to continue this until the next meeting if theVillage could get an acknowledgement from Mr.Wexler and an agreement that,before they accept the bid,they will have advised the successful bidder in writing of the Village's process that has begun to possibly change the zoning so that they will understand that this process is going forward. If Mr.Wexler would agree to that,he would have little concern about continuing the matter. Trustee Johnson referenced a document with a cover letter dated July 8,2004 from Millenium Properties addressed to Mr.Brimm stating that"enclosed you will fmd the live contract"and referencing a document entitled"1250 Radcliffe live contract". Page five of this document contains the following language:"purchaser acknowledges that disclosure has been made that: 1. the current use of the property is pursuant to a Special Use permit which will expire upon sale of the property to purchaser; 2. the Village of Buffalo Grove is considering re-zoning the property from R-7 to R-5". Mr.Wexler stated that they will certainly advise the successful bidder that there is the potential for a down zoning of the property. Mrs.Neukirch stated that the Village acknowledges that the Jewish Federation has been a very good neighbor to the Village and the surrounding properties;the Village first learned of this auction when it received correspondence dated in June from Millenium Properties;their marketing brochure indicates that the R-7 zoning allows for 23 single-family homes or 22 two-unit dwellings;the Arlington Heights property to the west was not referenced in her presentation because it is separated from the subject property by a major road;the Comprehensive Plan has always looked at appropriate land uses and appropriate planning and this property was zoned R-5,and only zoned R-7 to accommodate the Jewish Federation. Ronald Mrazk, 1261 Radcliffe,stated that he is directly across from the center,and they have been very good neighbors,but it is not known who would be moving in to that property;the neighbors do want to keep the use on this site compatible to a residential neighborhood;they do not want to see a lot of automobile or bus traffic;he would like to see single-family housing go in if possible. Rob Sherman,resident,stated that he trusts the Village Board completely with regard to their impartiality;he supports taking action tonight;he does not believe it would have any negative effect on the Jewish Federation;if the Village waits until after the property is purchased to re-zone it,there would undoubtedly be a major lawsuit and he thinks that would be a catastrophic mistake;the development that has taken place since 1985 is single-family homes; the neighbors are concerned about maintaining the compatibility with the surrounding areas. Ruth Silverman,Mill Creek resident,asked the members of the Federation if they would like to live next to any use that might be put on the site;residents do not want their property to depreciate. Bob Ahrens,resident,recently moved in to the Mill Creek area;he believes that the homes have already lost value just by these discussions. Linda Carbowski,Mt.Prospect,stated that she is about to sign on a house two or three blocks away from this project,and she urged the Board to pass the proposed ordinance tonight. Jerry Colbert, 1370 Mill Creek Drive,has been a resident since 1972;he stated that they love the community and it is a wonderful place to live;the JCC is the one that wants to pull out and now they want to take advantage of the Special Use that was granted for them to the possible detriment of the neighbors;the Special Use was granted for them with the idea that they would be there and serve the community;he believes that it is important that the Board vote on this item tonight 11529 7/12/2004 Trustee Glover stated that property has not lost any value since this all came about,and assured everyone that the Board is going to look out for everyone's interest. Eileen Katz,897 Thornton,stated that she appreciates the fact that the residents are allowed to voice their opinions, and pointed out,in response to Mr.Wexler,that the Village of Buffalo Grove determines the use of this property, not the market place. Shana Harris,a Mill Creek resident,stated that the residents liked having the JCC on this site and that is why there was no objection to the use,and she urged the Board to change the zoning tonight. �-/ Craig Horowitz, 883 Stonebridge,stated that his family has used the park for years;he believes that property values will decrease,and he urged the Board to vote on this issue tonight. Trustee Johnson stated that everyone makes good points,and the Board has the responsibility of balancing all of these points. On the one hand,the owner of the property has the responsibility of maximizing the return on his dollar. On the other hand,the Village Board has the responsibility of how their actions will affect the entire community. Trustee Johnson suggested that the matter be continued in order to ensure that the Board has all the information that it needs to make a decision and make sure that the record is complete. Mr.Raysa noted that the Board has two options tonight: • Continue the Public Hearing until a date certain to take additional testimony from both the Village and interested parties to make sure that all eight LaSalle factors are covered. The Village Board could then take action or not take action to re-zone the property. • Continue the Public Hearing tonight to receive any more testimony from the interested parties in attendance, after which the Village Board would close the Public Hearing and take action to either enact or not enact the zoning ordinance tonight. That Zoning Ordinance draft has been included in Village Board packets and has been made available to the public. Mr.Raysa suggested that,if the Board does take action to continue the Public Hearing to another date,they continue to hear as many people as possible that are in attendance and want to testify tonight. Mr.Raysa stated that he does have a concern,and that is what is known as reliance by any prospective purchaser upon the existing R-7 zoning on the property. If a prospective purchaser puts a bid in at the public auction and the bid is accepted by the owner of the property,that purchaser then believes that he or she is buying that property with an underlying R-7 zoning. The purchaser has notice of the 1985 ordinance by that ordinance being recorded. The purchaser also has notice of this Public Hearing by virtue of newspaper publication. Mr.Raysa's concern is that any purchaser would make the argument that the property was purchased with R-7 zoning on it,therefore,he suggests that the Village Board enact an ordinance tonight re-zoning the property. If the option to continue the Public Hearing and vote is chosen,Mr.Wexler has confirmed that notice has gone out to any prospective bidder that has picked up a bid package,and that the owner will provide the successful bidder a written letter that the property will be re-zoned;a copy of that letter will be sent to the Village,and the successful bidder will acknowledge receipt of that letter. Mr.Raysa noted for the record that Trustee Johnson elicited from Mr.Wexler that there was a July 8,2004 letter, that Mr.Raysa has in his possession,from Millenium Properties Inc.addressed to Mr.William Brinun regarding the July 15,2004 auction,with the second paragraph reading as follows: "please note that it appears that the City of Buffalo Grove is considering re-zoning the property to R-5 from R-7". Attached to that letter are sealed bid instructions and a real estate contract,and on the rider of that real estate contract,paragraph R3 notes that any prospective purchaser making an offer on the property has to sign a form contract that acknowledges that the Village is considering re-zoning the property from R-7 to R-5. Also attached to that letter is a Village of Buffalo Grove Zoning Table 17.40.020,a Chicago Title Insurance Commitment Letter marked as Exhibit B,and also a survey dated June 11,2004. Mr.Raysa suggested that all of the above be entered into the record. 11530 7/12/2004 Mr.Raysa stated that he is concerned with the instructions to the bid package that state"all bids must conform to the real estate sales contract;there can be no alterations,additions or deletions to these forms". However,Mr.Wexler stated that they believe that they will get non-conforming bids. Mr.Raysa is confident that any purchaser is on notice of the possibility of re-zoning,and he again confirmed that his first recommendation is to enact the ordinance tonight. At 10:25 P.M.,it was moved by Kahn and seconded by Johnson,to close the Public Hearing and move on to Item XII.,B.approving re-zoning from the R-7 dwelling district to the R-5 one-family dwelling district. Mr.Raysa suggested continuing rather than closing the Public Hearing. Trustees Kahn and Johnson amended the motion as suggested by Mr.Raysa. In answer to a question from President Hartstein,Mr.Raysa stated that he is comfortable that the record is strong enough to fully defend the re-zoning of this property;he noted that,although he would always like more testimony, he does believe that there is enough testimony present for the Board to make a fmal decision tonight. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ORDINANCE#2004-68—JACOB DUMAN CENTER Moved by Braiman,seconded by Johnson,to approve re-zoning from the R-7 Dwelling District to the R-5 One- Family Dwelling District;Jacob Duman Center, 1250 Radcliffe Road,pursuant to the draft document before the Board. President Hartstein noted that,due to the fact that a protest petition has been filed with the Village Clerk,an extraordinary vote of more than a simple majority is required,and he will be voting on this issue. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Johnson,Kahn,Trilling,President Hartstein NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. The Public Hearing concluded at 10:28 P.M. ORDINANCE#2004-69—LIQUOR CONTROLS Moved by Johnson,seconded by Kahn,to pass Ordinance#2004-69,amending Chapter 5.20,Liquor Controls,Class A. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ZBA APPEAL President Hartstein swore in Daniel and Rachel Olbur,273 Weidner Road,to give testimony with regard to their appeal of the Zoning Board of Appeals decision to deny the amended request made for variance of Fence Code, Section 15.20.040,pertaining to Residential Districts,for the purpose of constructing a 5' chain link fence beyond the 25'building setback line along Bel Aire Drive. 11531 7/12/2004 The Olburs reviewed their request and the reasons that they believe this variation should be granted,details of which are contained in their letter to the Building Commissioner dated June 27,2004. Commissioner Entman reviewed the discussion that took place at the ZBA. After discussion,the Olburs stated that they would be willing to go along with the compromise suggested by the ZBA. Mr.Raysa stated that what is being presented tonight is what was suggested by the ZBA,and what was eventually voted on was Exhibit A3. Moved by Trilling, seconded by Johnson,to sustain the Zoning Board of Appeals decision on Exhibit A3 and approve the ZBA recommendation to approve a 5' chain link fence to be constructed from the southeast corner of the home to the southeast corner of the lot. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1—Berman Motion declared carried. EDWARD R.JAMES HOMES Bernard Citron,attorney representing E.R.James Homes,purchaser of the Powernail property on Half Day Road, made a presentation outlining the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview;he stated that they realize this is a long and considered process and they are seeking a referral to the Plan Commission., Steve Spinelle,Vice President of Edward R.James Homes,made a presentation to the Board briefly reviewing the product types and intended market for this proposal. Scott Ferris reviewed the site plan revisions that they have made since their last appearance before the Board. Trustee Kahn stated that he still has a concern with the overall density of the property,in particular where the units are stacked back to back in the row homes;he would like to see one or two units out of the row houses so that they can be staggered to alleviate the industrial look;he would personally like to see more green space. Trustee Braiman stated that he also has a concern with the positioning of the density;he is concerned about the type of product since he believes there is too much multi-family in the community;he does not want to dissuade the developer,but he believes there is still a lot of work to do. Moved by Braiman,seconded by Kahn,to refer the Edward R.James Homes,proposed residential development for the Powernail property,301 Half Day Road(IL Route 22),to the Plan Commission for review. Trustee Glover also stated that she would like to see single-family housing although the duplexes are better than true multi-family;she likes the"pocket"parks;she would like to see more work done and a larger park in the center area where she believes something could be done to make that better;she would like to see them capitalize on the two water parks;she agrees that the row houses in the center will be too close together;she believes it is still far too dense. Trustee Johnson stated that it is too dense;he likes the water,but also believes the plan needs more green space;he concurs with Trustee Kahn that there is too much of an industrial look with the row houses. Trustee Trilling stated that the driveways are back to back in the row houses and he does not believe this will work; the duplexes are a good look. Rob Sherman suggested putting a noise wall between the train tracks and the property. 11532 7/12/2004 Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. EXECUTIVE MEETING Moved by Kahn,seconded by Johnson,to move to Executive Meeting for the purpose of discussing Approval of Executive Meeting Minutes,Collective Bargaining and the Purchase or Lease of Real Estate. Upon roll call, Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. The Board moved to Executive Meeting from 11:20 P.M.until 11:35 P.M. REAL ESTATE SALES CONTRACT Moved by Johnson,seconded by Kahn,to strike Item XII.C.,authorizing the execution of a Real Estate Sales Contract(1250 Radcliffe Road,Buffalo Grove,Illinois),from the agenda. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. APPROVAL OF CLOSED MEETING MINUTES Moved by Johnson,seconded by Glover,to defer action on the approval of Executive Meeting Minutes until the August 2,2004 meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. ADJOURNMENT Moved by Kahn,seconded by Johnson,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:40 P.M. y. Trl > —�Janet M. Sirabian,Village Clerk APPROVED BY ME THIS�� H DAY OF L-y ,2004 Village President