Loading...
1998-01-19 - Village Board Regular Meeting - Minutes 10151 1/19/98 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.JANUARY 19. 1998 CALL TO ORDER President Mathias 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 Mathias:Trustees Marienthal,Reid,Rubin,Braiman,Hendricks, and Glover. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;Lee Szymborski,Assistant Village Manager;William Brimm,Finance Director;Phil Versten,Administrative Assistant;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;Ed Schar,Interim Director of Building&Zoning;Fire Chief Allenspach;Deputy Fire Chief Hansen;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Rubin, seconded by Glover,to approve the minutes of the January 5, 1998 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. WARRANT#854 Mr.Tenerelli read Warrant#854. Moved by Braiman,seconded by Hendricks,to approve Warrant#854 in the amount of$1,933,098.01,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. RESOLUTION#98-3-WILLIAM BRIMM President Mathias asked Mr.Brimm to come forward,as he read the proposed resolution and presented a plaque to Mr.Brimm. Moved by Reid,seconded by Braiman,to pass Resolution#98-3,recognizing William Brimm for 20 years of outstanding service to the Village of Buffalo Grove. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover `./ NAYS: 0-None Motion declared carried. RESOLUTION#98-4-METRA NORTH CENTRAL President Mathias read the proposed resolution. Moved by Marienthal,seconded by Hendricks,to pass Resolution#98-4,supporting the expansion of the North Central service line. Upon roll call,Trustees voted as follows: 10152 1/19/98 AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. 1998 VILLAGE GOALS STATEMENT President Mathias noted that,due to the length of tonight's agenda,he will defer delivering his 1998 Village Goals Statement until a future meeting. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for December, 1997;there were no questions on same. FUTURE AGENDA Mr. Balling noted that there will be a Committee of the Whole Meeting on Monday,January 26, 1998 at 7:30 P.M. PUBLIC HEARING-SHELL/McDONALD'S President Mathias re-opened the Public Hearing at 7:43 P.M.;this Public Hearing was continued from December 15, 1997. President Mathias swore in the following people to give testimony at this Public Hearing:George Maurides, Attorney;J.C.Keuper,M.P.Keintz,Shell Oil Products;Mike Rogers,Michael Assad,McDonald's Corporation; David Miller,Metro Transportation Group;and Ted Johnson,Thompson Dyke&Associates. Mr.Maurides made a presentation to the Board,details of which are contained in Mr.Pfeil's memo to Mr.Balling of January 15, 1998. He reviewed the project to date,and he referred to the following exhibits during his presentation:Exhibit Al-Map and photo of area adjacent to the site&Photo Key; Exhibit D-Aerial View of site and adjacent area;Exhibit D(to draft annexation agreement)Site Plan;Exhibit F-Landscape Plan; Exhibit G- building elevation(front and right)with landscape overlay;Exhibit G1-Building Elevations(rear and left)with landscaping to be put in immediately. Mr.Johnson next made a presentation,describing the Site Plan as part of the Landscape Plan,which is Exhibit F within the Annexation Agreement;he also referred to Exhibit D-Site Plan without all landscaping identified. President Mathias swore in Larry and Eileen Kushner,proposed owners of the McDonald's,to give testimony. Mr. Kushner noted that they currently own the McDonald's on Dundee Road in Arlington Heights,and the one on Rand Road in Palatine;he stated that they want to contribute to the community as well as run a business;they reviewed the work that they currently do with local schools. Mr.Maurides briefly reviewed the Annexation Agreement for the benefit of the audience. He then presented Exhibit G2-Roof Samples. Mr.Maurides finally stated that they have worked diligently on this project to make it acceptable to residents,and have tried to address all concerns addressed by the residents and the Village. Mr.Raysa briefly reviewed the zoning history on this property. In answer to a question from Trustee Rubin,Mr.Maurides confirmed that the developer would not want to do the project with only a right-in/right-out on Route 83;he also clarified the developer's discussions with Lake County as to Arlington Heights Road ingress/egress. Trustee Rubin asked that the record show that there are McDonald's that have roofs that blend in with their surroundings,and asked why McDonald's won't consider a roof such as ones in place in other locations. Mr. Maurides responded that the discussions centered around color of the roof and not the texture. Mr.Assad stated that McDonald's is looking to the proposed type of roof because this is a joint use,and the facilities with more unique roofs are free-standing buildings. Changing the usual roof will affect volume until it becomes recognizable. 10153 1/19/98 Trustee Braiman asked several questions regarding the car wash which were answered by the developer. Mr.Maurides stated that they would have no objection to language in Paragraph 25 of the Annexation Agreement citing that they will not be looking at the play lot unless the light at Heritage is necessary,in which case the developer and the Village would each pay for half;he also assured Trustee Braiman that,if the footprint extends beyond that shown,they would come back to the Village Board for approval. Mr.Raysa stated that he believes that,whether this parcel is annexed or not,there is zoning approval to build this proposal through the courts. Li Mr.Maurides stated that Shell has purchased this property,and they are not going anywhere;they would like to work together and get along with both the Village and the neighborhood. In answer to a question from Trustee Glover,Mr.Maurides stated that the vacuums would be disabled at the same time that the car wash closes. Mr.Keintz stated that having a car wash that only washes one car at a time where the doors close when the car is washed would be a major problem for them;the car wash in that case is not as good;it requires more stacking space;the number of cars washed is approximately 50%of the system they are proposing. Mr.Maurides stated that a sound expert testified that the sound would not be a problem even if the doors are not closed. Mr.Johnson again referred to Exhibit F,pointing out the location of the car wash and the buffering surrounding the wash. Mr.Maurides stated that he has no problem with language in the Annexation Agreement noting that the play place may not be built without going through the entire process from a to z;he stated that there will not be an oil change facility on the property under any circumstances. Mr.Raysa again reviewed the Lake County ruling on this property. Trustee Reid stated that the biggest problem with this plan is traffic. Mr.Maurides stated that traffic studies were done before the Plan Commission meeting,and another study was done through Lake County. Mr.Johnson stated that the date on the latest traffic study is 4/12/96. Mr.Maurides reviewed the plan which was presented at the County,which was labeled Exhibit B. With regard to traffic,Mr.Maurides stated that the traffic engineers should be believed;if not,what is the purpose of having them. Trustee Marienthal stated that he has a problem with the traffic and with the signage,and asked the developer to look at moving the car wash to the north instead of the south. Mr.Maurides responded to Trustee Marienthal's comments. Trustee Braiman noted that,with the approval the developer has through Lake County,they could build what they want,and they could get greater density. Mr.Maurides stated that they want to be in Buffalo Grove because they are surrounded by Buffalo Grove,and they would prefer to have the services offered by the Village. President Mathias asked if there were any other governmental agencies wishing to testify;there were none. President Mathias asked if there were any organizations that wished to testify. Mike Jonas,President of the Buffalo Grove Chamber of Commerce stated that the Chamber supports the annexation and development of this property;he stated that the property is going to be developed and the Village would be mistaken to pass up control and financial renumeration. Greg Lundgren, 1130 Bristol Lane,President of the Concord Place Homeowners Association,stated that this project is going to be built on this site,and the Village needs to ensure that the best possible plan is built on the site and that the best resolution is made of this situation;an office building would create traffic at exactly the times that 10154 1/19/98 homeowners would be entering and exiting the area;he wants to be sure that the Village controls and benefits from this proposal;he has met with both Shell and McDonald's,and both corporations have agreed to all requests that he has made;he urged the Board to annex the parcel with the enhanced plan. The Chairman of the Appearance Commission addressed Trustee Rubin's comments with regard to the roof materials. Terry Erickson, 1128 Bristol Lane,stated that she has never received any communication from the Concord Place board regarding this proposal;she stated that Fremont is not safe,and asked the Board to think about the people who leave in the area. Roz Highfield, 1291 Farnsworth,read a resolution by the Crossings Board of Directors urging that curb cuts be prohibited on Fremont between Bristol Lane and Arlington Heights Road. Lou Eisenberg, 1213 Franklin,stated that Fremont is not controlled by any judicial ruling,and the Village of Buffalo Grove does have control over Fremont Way. Gail Larson Lutz, 1524 Anderson Lane,stated that Shell has changed their comments over the years;the scope of the project has enlarged over the last three years,and so has the sign;she presented a chronology of things that Shell has done. Mr.Balling responded to Ms.Lutz' question as to whether there has been any interest in this property that represented a safer and better use. Andrea Brim, 1245 Bristol Lane,read several newspaper articles and court cases where municipalities have been liable for millions of dollars because of negligence on the part of the municipalities;she stated that the Village of Buffalo Grove could be liable for millions of dollars in lawsuits because the proposed development could present very dangerous traffic situations;she urged the Board to annex this property into the Village tonight and to reject any high density commercial venture at this intersection;the Village has persistently been on record as knowing that this project will worsen an already unsafe intersection. Annette Schaefer, 1317 Bristol Lane,stated that safety is the issue;she stated that houses on Bristol Lane near Route 53 are not selling. Carol Goldberg,719 Pine,Deerfield,spoke on behalf of the Kushners;she is a teacher at Longfellow School and noted how much Eileen Kushner has contributed to the school system in the community;she believes this business would be an asset to the community. Dan Minagehan, 1078 Shambliss Lane,reiterated the safety issue on Fremont Way;he believes that Buffalo Grove needs to annex this property so that the Village zoning restrictions can apply. Ron Blumenthal,948 Providence,stated that there is a children's park on Fremont which is specifically for small children,and this project will be extremely dangerous if children go from the park to the McDonald's. Pat Farrell, 1068 Fremont Court West,asked the Board to not give these two large corporations rights over the residents'rights;she stated that resident safety is much more important than the right of the corporations to make money. Carlton Sussman, 1169 Franklin,stated that his house borders what will turn into a major cut through on to Route 53;he has a small son and he is concerned about this safety aspect;he welcomes Shell and McDonald's into the Village,but there has to be some sort of a compromise to ensure safety,and he asked that safety inside the development also be considered along with safety on Fremont. Elliott Hartstein,908 Providence,pointed out that the court did not approve any curb cuts on Route 83,Arlington Heights Road,or Fremont Way;he stated that this is a unique intersection,and urged the Board not to allow this proposal to expand beyond what was originally contemplated,and to ensure that the integrity and safety of that particular intersection is maintained. 10155 1/19/98 Mike Stone,946 Chaucer Way,stated that this project is in a residential area,which makes it different than other shopping centers;he questioned the appeal process,which was then reviewed by Mr.Raysa. Pete Gresens,991 Belmar Lane,stated that his property backs up to Route 83 and there is a great deal of speeding on that road. Ben Zybowski, 1470 Fairfax,stated that there has been no discussion regarding IDOT,and asked if they would approve of what is being done. President Mathias stated that IDOT will only allow right-in/right-out on Route 83, and IDOT will not allow any entrance on Arlington Heights Road. Karen Larson, 1279 Farnsworth,asked why the Village has not annexed the land yet;she stated that if Buffalo Grove annexes the land,they can control what is built there;she strongly urged the Board to annex this land tonight. Mr.Raysa reviewed the requirements for forcible annexation;he stated that he believes that the Lake County court decision would be upheld because it was given before the annexation took place;he also pointed out that,if annexation is involuntary,the Village would lose some controls in the Annexation Agreement.He stated that Annexation Agreements are more beneficial to the Village,and the Village has more control of the property;he believes a judge would be more apt to allow a curb cut on Fremont. Mr.Maurides summarily responded to all the comments which have been made;he stated the developer must bring in hard evidence and prove that they are right,whereas others are able to make claims without hard evidence;they have presented reports from traffic engineers,and that is all they can do;he reviewed the possible scenarios for this property;he pointed out that he has never done a commercial development where he has had to make the concessions that he has had to make in this case;he resents the implications from residents that the development team does not care whether or not children are killed because of this project;he respectfully requests Board approval of this project. President Mathias noted that a full interchange is now shown on Fremont,but the Village can demand at any time up to five years may demand that it be changed to a right-in/left-out; Mr.Maurides has no problem with that being written in if it is not already;they would post a bond for whatever costs would be connected with that change. SHELL/McDONALD PROPERTY Moved by Reid,seconded by Hendricks,to pass Ordinance#98-5,an ordinance approving an Annexation Agreement for Shell Oil Company,Inc.at the southwest corner of the intersection of Arlington Heights Road and IL Route 83. Trustee Braiman stated that he does not believe the Board is in a position to vote on this tonight;he believes the issue of the car wash noise must be resolved;he would like to review the traffic studies;he would like to see the language and modifications to the Annexation Agreement which were discussed;he would like to see,in writing, the viability of the project,in their opinion,if they were limited to Route 83 access only. Moved by Braiman,seconded by Marienthal,to defer this item until the March 2, 1998 meeting. Upon roll call, Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. President Mathias noted that,since there was extensive public comment tonight,at the meeting when this continued Public Hearing is held,there would be primarily comments and answers from the developer and the Board,with very limited public comment. The public will be notified of the actual date of the Public Hearing. At 10:55 P.M.,President Mathias continued the Public Hearing until March 2, 1998. President Mathias declared a recess from 10:55 P.M.until 11:23 P.M. 10156 1/19/98 OUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience;there were none. CONSENT AGENDA President Mathias 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. President Mathias then read a brief synopsis of each item on the Consent Agenda. Li Moved by Braiman,seconded by Reid,to approve the Consent Agenda. RESOLUTION 98-5-Surety Bond Motion to pass Resolution 98-5,To Serve as a Surety Bond When Permits are Requested by the Village to Wrok in State Rights-of-Way. LENZ OIL SITE Motion to Accept the Offer of DeMinimis Settlement,Lenz Oil Site,in the amount of$12,248.87. GOLF COURSE EQUIPMENT-Authorization to Bid Motion to Authorize to Bid-Reel Grinder and Bed Knife Grinder for the Buffalo Grove operations. SUNRISE ASSISTED LIVING-Aesthetics Motion to Accept the Appearance Commission Recommendation: Sunrise Assisted Living,Half Day Road: 1)architecture,materials,colors; 2)landscaping,lighting;and 3)sales trailer. AMOCO SPLIT SECOND-Aesthetics Motion to Accept the Appearance Commission Recommendation:Amoco Split Second,Lake Cook Rd. and IL 83: elevations,materials,colors; 2)landscaping,lighting. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. PUBLIC HEARING-1998 GOLF BUDGET APPROPRIATION President Mathias opened the Public Hearing at 11:25 P.M.,and read from the Notice of Public Hearing published in the Daily Herald on January 9, 1998. Mr.Brimm made a presentation on the FY 1998 Appropriation Ordinance:Buffalo Grove Golf Club/Arboretum Golf Course,details of which are contained in his memo to Mr.Balling of January 6, 1998. President Mathias asked if there were any questions from the audience or the Board;there were none. President Mathias closed the Public Hearing at 11:26 P.M. 10157 1/19/98 RESOLUTION#98-6-NIPC Mr.Balling reviewed the proposed resolution,details of which are contained in his memo to the Board of January 14, 1998. Trustee Reid explained why he believes the deferral is the action the Board should take. Moved by Reid,seconded by Braiman,to pass Resolution#98-6,concerning the Metropolitan Water Reclamation District of Greater Chicago Facility Planning Area Boundary Amendment NIPC Water Quality Review#97-WQ- 097,as amended. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. ORDINANCE#98-VILLAGE MANAGER SALARY Moved Rubin,seconded by Reid,to pass Ordinance#98-5,establishing an annual salary for the Village Manager ($115,000 per year,in addition to a$5,000 performance bonus). Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. Mr.Balling thanked the Board for their consideration. FIRE DEPARTMENT AMBULANCE Moved by Marienthal,seconded by Reid,to award bid to Foster Coach Sales,the lowest qualified bidder,for a Fire Department ambulance in an amount not to exceed$92,826;details of this item are contained in Chief Allenspach's memo to Mr.Balling of January 13, 1998. Upon roll call,Trustees voted as follows: AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. 1998 CONTRACTUAL STREET MAINTENANCE PROGRAM Moved by Reid, seconded by Rubin,to authorize bid of the 1998 Villagewide Contractual Street Maintenance Program(Checker Drive). Mr.Balling reviewed this program,details of which are contained in Mr.Kuenkler's memo to him of January 12 1998. Upon roll call,Trustees voted as follows: Li AYES: 6-Marienthal,Reid,Rubin,Braiman,Hendricks,Glover NAYS: 0-None Motion declared carried. ADJOURNMENT Moved by Rubin,seconded by Reid, to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:35 P.M. 10158 1/19/98 Th - auuttJL2a.zt..w Eet . Sirabian,Village a Clerk APPROVED BY THIS DAY F , 1998 Village e ' e