Loading...
1995-07-10 - Village Board Special Meeting - Minutes 9733 7/10/95 MINUTES OF THE SPECIAL 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 10, 1995 CALL TO ORDER President Mathias called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias; Trustees Marienthal, Rubin, Braiman, and Glover. Trustees Reid and Hendricks were absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Phil Versten, Administrative Assistant; Robert Pfeil, Village Planner; Rob Giddens, MIS Director; Ray Rigsby, Superintendent of Public Works; Police Chief McCann; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Rubin, seconded by Braiman, to approve the minutes of the June 19, 1995 Regular Meeting. Trustee Marienthal asked that the following reason be added for his negative vote on page 9732: "The reason for Trustee Marienthal's "NAY" vote was that the question should be called because sufficient documentation had already been presented. " 11.8 Trustees Rubin and Braiman both accepted the above change to the minutes. Upon roll call, Trustees voted as follows on the amended minutes: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. WARRANT #793 Mr. Tenerelli read Warrant #793. Moved by Rubin, seconded by Braiman, to approve Warrant #793 in the amount of $2,096,174.67 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. JULY 4TH FIREWORKS President Mathias thanked KC Masterpiece for their donation of the fireworks display on July 4, 1995. DAILY HERALD REPORTER President Mathias noted that Michelle Martin will be taking another assignment • at the Daily Herald, and thanked her for the reporting that she has done for the Village, and wished her well in her new assignment. 9734 7/10/95 PUBLIC HEARING - TWIN RINK ICE PAVILION President Mathias opened the Public Hearing at 7:42 P.M. It was noted that not all outstanding items and documentation are ready at this time, and that the Public Hearing should be continued until July 17, 1995. At 7:43 P.M. , President Mathias continued this Public Hearing until July 17, 1995. PUBLIC HEARING WISCONSIN CENTRAL PROPERTY President Mathias opened the Public Hearing at 7:43 P.M. and read from the Notice of Public Hearing published in the Daily Herald on June 24, 1995. Mr. Balling summarized the Annexation Agreement proposal, details of which are contained in Mr. Pfeil's memo to him of July 6, 1995. President Mathias asked if there were any comments from any other public agencies, members of the audience, or the Board; there were none. At 7:47 P.M. , President Mathias continued the Public Hearing until the ordinances are considered later on in the agenda. QUESTIONS 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; he then read a brief synopsis of each of the items on the Consent Agenda. ORDINANCE #95-64 - Liquor Controls Moved by Braiman, seconded by Rubin, to pass Ordinance #95-64, Amending Chapter 5.20, Liquor Controls section of the Municipal Code. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. ORDINANCE #95-65 - Liquor Controls Moved by Braiman, seconded by Rubin, to pass Ordinance #95-65, Amending Chapter 5.20, Liquor controls section of the Municipal Code. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. 4 9735 7/10/95 ...� MIRIELLE PHASE 2 Moved by Braiman, seconded by Rubin, to pass Ordinance #95-65, Approving a Final Plat of Subdivision, Development Improvement Agreement and attending conditions - Mirielle Phase 2. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. PUBLIC WORKS EQUIPMENT - Authorize to Bid Moved by Braiman, seconded by Rubin, to authorize to bid, Public Works Equipment - a 1-ton dump truck with plow and sprayer, one mini-van, a 1-ton vibratory roller and a brush chipper. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. MIRIELLE - Aesthetics Moved by Braiman, seconded by Rubin, to accept the Appearance Commission Recommendation: Town & Country Homes - Mirielle single family street tree landscape plan, Phase 1 and 2. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. IHOP - Aesthetics Moved by Braiman, seconded by Rubin, to accept the Appearance Commission Recommendation: IHOP - Addition to the Grove entrance sign on Route 83. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. ORDINANCE #95-66 - WISCONSIN CENTRAL ANNEXATION AGREEMENT Moved by Glover, seconded by Braiman, to pass Ordinance #95-66, approving an Annexation Agreement for Wisconsin Central Ltd. , Busch Parkway/Commerce Court. Upon roll call, Trustees voted follows: AYES: 5 - Marienthal, Rubin, Braiman, Glover, President Mathias NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. ORDINANCE #95-67 - WISCONSIN CENTRAL ANNEXATION Moved by Glover, seconded by Marienthal, to pass Ordinance #95-67, annexing portions of the Wisconsin Central property at Busch Parkway and Commerce Court 6.1 to the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: 9736 7/10/95 AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. ORDINANCE #95-68 - WISCONSIN CENTRAL ZONING Moved by Glover, seconded by Braiman, to pass Ordinance #95-68, amending the Comprehensive Zoning Ordinance of the Village of Buffalo Grove as it concerns Wisconsin Central property. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. President Mathias closed the Public Hearing at 7:52 P.M. ORDINANCE #95-69 - DRIVEWAY WIDTHS Moved by Glover, seconded by Rubin, to pass Ordinance #95-69, amending Chapter 17.36 of the Buffalo Grove Zoning Ordinance concerning driveway widths in residential districts. Mr. Balling reviewed this issue, details of which are contained in Mr. Pfeil's memo to him of July 6, 1995. AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks L.. Motion declared carried. ORDINANCE #95-70 - DRIVEWAY APRONS Moved by Glover, seconded by Braiman, to pass Ordinance #95-70, amending Section 16.50.080.A.2.a. & b. of the Buffalo Grove Development Ordinance concerning driveway aprons, details of which are found in Mr. Kuenkler's memo to Mr. Pfeil of July 6, 1995. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. ORDINANCE #95-71 - DRIVEWAY WIDTHS Moved by Glover, seconded by Rubin, to pass Ordinance #95-71, amending Chapter 12.08 of the Municipal Code as it concerns driveway widths, details of which are contained in Mr. Kuenkler's memo to Mr. Pfeil of July 6, 1995. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. WHEELING PARK DISTRICT GOLF MAINTENANCE BUILDING Mr. Balling reviewed this proposal, details of which are contained in Mr. Pfeil's memo to him of July 7, 1995. 9737 7/10/95 Mark Harrison, representing the Wheeling Park District made a presentation to the Board, touching on the critical points of the plan. Trustee Braiman stated that he would prefer to annex the entire development, rather than just this parcel. Moved by Rubin, seconded by Marienthal, to refer the Wheeling Park District golf maintenance building annexation to the Plan Commission for review. Trustee Marienthal also wants the whole parcel to come into the Village, and he would like the Wheeling Park District Board to entertain this suggestion. Upon roll call, Trustees voted as follows: AYES: 1 - Marienthal NAYS: 3 - Rubin, Braiman, Glover ABSENT: 2 - Reid, Hendricks Motion declared carried. Trustee Rubin stated that his reason for a negative vote is he would like to hear a response as to why the whole parcel should not be annexed. Trustee Marienthal stated that he voted affirmatively because he thought Mr. Harrison would take the proposal back to his Board and hopefully they would have brought back the entire parcel. CAR WASH - APTAKISIC & WEILAND John Green, Systems Design Group, introduced himself and Keith Jacobs of Jacobs Homes to the Board. Mr. Green then made a presentation to the Board, details of L_. which are contained in Mr. Pfeil's memo to Mr Balling of July 7, 1995; he referred to the Site Location Map, the Concept Site Plan - Phase I, and Sample Photos. Moved by Rubin, seconded by Braiman, to refer rezoning to the B-2 District for a car wash - Aptakisic and Weiland Roads to the Plan Commission for review. In answer to a question from Trustee Braiman, Mr. Green stated that there will not be a gas station adjacent to the car wash; the hours of operation will probably be 8:00 A.M. to 8:00 or 9:00 P.M. ; he stated that they had looked at flipping the plan so that the future use would be more toward the south, thereby keeping the car wash a little bit further away from the residential, however, that interfered with the ability to stack the cars for the car wash on the site. Trustee Braiman stated that he would have preferred to see this parcel as a B-3 to limit some of the uses; he would ask the Plan Commission to look at this possibility. Trustee Marienthal asked if the northern parcel would carry the same hours of operation; Mr. Green stated that he could not commit to the same hours for the north portion until a use has been identified, however, they do understand that they would need to go through the hearing process on the north portion. Mr. Green stated that the facility on that property would be a stand alone, single story ranging from 4,000-10,000 square feet. Trustee Braiman asked that residents most adjacent to the facility be notified when there is a meeting on this proposal, even though they are not within the 250' usually required to be notified. 9738 7/10/95 Peggy Cobrin, 1525 Madison Court North, finds it appalling that someone wants to put a car wash across the street from her home; she is very upset, and does not want this to take place. In answer to a question from Trustee Rubin, Ms. Cobrin stated that she purchased her home in 1990. Trustee Rubin stated that, at the time she purchased her home, this property was already approved as a B-1, which was ' oned for a heavier commercial use than is currently being proposed. Carl Weiss, 1504 Quaker Hollow North, also objects to the development of the site as a car wash; he believes it is very poor timing considering all the development `./ that is going on along Weiland Road; he would like to see the Village take a pro- active stance in the development of this area. Barr Ruby, 1530 Madison Court North, stated that he is exactly 200 yards across the treet from the site; he is right behind the community center that will have hea daily traffic; he is down the street from the ice rink which will generate heav' traffic; he believes this property is good for a medical office or light industrial; a car wash is not a proper use for this property. A resident of 1519 Madison Court North, stated that signage is one of his main concerns; he is concerned about the road being widened to 4 lanes; there are several other car washes in the area. President Mathias informed residents of the procedures involved before any final action is taken; a vote tonight simply decides whether the applicant should go through the process to bring the plan before the Plan Commission; if this is sent to the Plan Commission, residents should attend the Plan Commission meetings and voice their concerns. President Mathias stated that the Board strongly believes that the owner of the property deserves the opportunity to be heard. Trustee Braiman stated that residents wishing to be notified should give their `... names and addresses to Mr. Pfeil. Sheila Cummings, 1527 Madison Court North, stated that she has a view of this lot from her home, and she would not like to see a car wash there; she asked about the disposal of oil from the facility; she asked about the car wash experience of the developer. Wayne Newman, 1531 Madison Court North, stated that it seems that it is not just a car wash, but a car care center that is being proposed; he believes severe traffic congestion will result; he believes this use is incompatible with the area. Trustee Rubin stated that there will be a study from a traffic engineer during the process; he also pointed out that prospective buyers should come to the Village and check the Master Plan for possible uses on adjoining property. Trustee Glover stated that, if the proposal is referred tonight, it is not necessarily a show of support, but only that the plan deserves scrutiny; the Village has developed in the way that it has because all proposals have gone through the process and been studied by all of the Village Commissions. ' Carl Weiss stated that he would like to see this proposal delayed until they see what happens with other development along Weiland Road. President Mathias stated that, by law, the Village is only required to notify property owners within 250' of a proposed development, but it has been Village policy to notify anyone wishing to be notified of meetings concerning a certain property. Barry Ruby stated that the residents would like to see a B-1 use. 9739 7/10/95 Trustee Marienthal stated that the Board has to determine what is a compatible use for this particular site, what the residents would envision as an acceptable use for this site, and should this particular site be addressed on the Master Plan in the very near future. Mr. Green stated that they understand the scrutiny that they would encounter through the Plan Commission process; they want to make sure that the plan that comes out of the Plan Commission has had an opportunity to be truly reviewed and understood; he assured the residents that they will address their questions openly and honestly. Upon roll call, Trustees voted as follows: AYES: 3 - Rubin, Braiman, Glover NAYS: 1 - Marienthal ABSENT: 2 - Reid, Hendricks Motion declared carried. APTAKISIC SAND AND GRAVEL Mr. Balling briefly reviewed the request of the developer, and introduced Scott Greenberg, ECD Company, Inc. Mr. Greenberg gave a brief overview of ECD Company; a slide presentation was given, along with a presentation regarding their current proposal, details of which are contained in Mr. Pfeil's memo to Mr. Balling of July 7, 1995. In answer to a question from Trustee Rubin, Mr. President stated that this type of product has not previously been done in the Chicago area, but has been done in other areas of the country; they have not previously done projects of this 6.. type, but he reviewed the types of projects they have done; 30-40% would be one- bedroom; 60-70% would be two and three-bedroom units; average square footage would be approximately 1,080 square feet; rents would range from approximately $800-$1,600 per month. In answer to a question from Trustee Braiman, Mr. Greenberg stated that they do not have an idea of variations they would be requesting at this time. Trustee Braiman stated that he has a concern with the number of units, particularly because there is not a lot of green space; there is a great deal of pavement coverage; there is not a lot of guest parking. In answer to a question from Trustee Marienthal, Mr. Greenberg stated that they are anticipating that all of the uses along the street would be single story. Trustee Marienthal wants to see plans of similar properties; he asked if the developer will be able to command the proposed rents; he asked if they ever envision converting this property to individual ownership; he asked about the phasing. Mr. Greenberg answered Trustee Marienthal's questions, stating that they have done extensive research and have found that the higher rents are feasible because of the attached garages; they intend to own this project on a long-term basis, for at least the next 10-20 years as a rental community; they intend to immediately commence construction of the apartment community, and it would all be developed at once; they plan to have a fairly tight scheme on how to develop the commercial segment within six months, and move forward rapidly with that; approximately six months after that, they look to move forward on the office/warehouse portion. 9940 7/10/95 In answer to a question from Trustee Glover, Mr. Greenberg further reviewed the guest parking, stating that there are over 600 parking spaces total on this site. Trustee Glover stated that she wants to see more detail on the green space. Mr. Greenberg stated that 10-15% of the units would be at the high end of the rentals. Mr. Balling answered a question from Trustee Glover with regard to the composting site to the south; Mr. Greenberg also addressed the issue. Trustee Glover also voiced concern with regard to the entertainment center on the corner. Trustee Rubin stated that he wants input from School Districts 102 and 125 on this proposal; he is not enthralled with having a rental community like this, but he is willing to look at it; he believes it is too dense; he thinks there is room for bringing the density down some more; he does not believe there is enough parking; for purposes of school donations, he confirmed that the 2 bedroom/den units would be considered three-bedroom; he would like to see references from other apartment complexes that the developer now manages. Mr. Greenberg stated that the architect has specialized in the design of apartments just like those proposed. Trustee Marienthal asked if any thought had been given to some type of covered parking on the industrial site which could be used for the residential. Mr. Greenberg stated that they foresee that the two sites would operate totally independent of each other, primarily because of financing. Trustee Marienthal also stated that he believes the proposal is too dense for this particular area. 6... President Mathias polled the Board: "YES" indicates favor of the petitioner coming back with additional plans in accordance with the Board's comments tonight; "NO" indicates not wanting this use at this site: YES: Marienthal, Rubin, Braiman, Glover NO: None ABSENT: Reid, Hendricks Trustee Rubin stated that he would possibly want another pre-application conference; Trustee Glover stated that there is still a lot of work to be done. President Mathias polled the Board as to whether they would prefer another pre- application conference, or whether they would be in favor of the developer presenting an application at the next meeting: Marienthal: Pre-application Reid: Absent Rubin: Leave it to the developer because of the expense in going through another pre-application conference Braiman: Leave it to the developer Hendricks: Absent Glover: Pre-application if they so desire President Mathias: Believes another pre-application would be best Mr. Greenberg stated that the density is already 35% below the densities of other apartment communities, so they need further direction from the Board. Trustee Rubin stated that he is more concerned with the parking, the layout, and the buffering than he is with the actual number of units; he is willing to look at the same density subject to the rest of the plan. 9741 7/10/95 Trustee Braiman is concerned about coverage; there is a great deal of hard surface. Trustee Glover is concerned about hard surface and the guest parking; she does like the design of the buildings. Trustee Marienthal stated that a major concern of his is that it will convert to condominiums, and he wants some assurance that this will not happen; he is also concerned with the hard surface; he would like them to take another look at the amount of units. President Mathias thanked the developer for the presentation. President Mathias declared a recess from 9:54 P.M. until 10:05 P.M. FIELDMOUSE SPORT AND ENTERTAINMENT CENTER Mr. Balling reviewed the request of the developer. Barry Gelfand, President of Fieldhouse Sport and Entertainment Center, introduced Mike Shamrock, general contractor; Chris Hesch, A & H Vending; Alan Gelfand, Vice President Marketing & Sales; Craig Harris, Vice President Operations. Mr. Gelfand made a presentation to the Board by first presenting some personal background on the principals, and then presented details of the proposed project, details of which are contained in Mr. Pfeil's memo to Mr. Balling of July 6, 1995. Trustee Rubin stated that he thinks the only issue is the video arcade, and asked Chief McCann to comment. Chief McCann stated that he has a concern with the amusement element based on the video arcade; those using the sports facilities will probably go in groups; the video arcade can attract people lacking anything better to do; they have looked at similar facilities; the Police Department concern is primarily the amusement element of the business. Trustee Rubin stated that the amusement portion has been discussed repeatedly; he wondered if there is the ability to reduce the number of machines or the hours in order to make the Police Department more comfortable; he asked if the project would be feasible without the video arcade. Mr. Gelfand stated that he can not answer that at this point; the project was put together like a puzzle with each piece fitting together; they perceive the arcade room as an add-on; the arcade is a large profit for the center; the arcade could possibly be downsized. Trustee Rubin stated that Village ordinance allows only three machines in an establishment; the Village does not want to create a "hang out" atmosphere; he would be willing to look at the proposal if it could be controlled through hours of operation or number of machines; he is concerned about the large jump in the 1 number of machines, i.e. 3 to 100; it will mean additional police protection; he is comfortable with the sports portion of the proposal, but the video portion is a major concern. Mr. Gelfand stated that they are willing to work with the Police Department. Trustee Braiman stated that everyone seems to be in favor of the sports portion; the question is with the video arcade; there was a sub-committee of the Plan Commission several years ago regarding video arcades; restrictions can be put on �"" the operation; there can be bright lighting and security cameras. 9742 7/10/95 Mr. Gelfand noted the communities that would be targeted with regard to marketing this product; he noted the type of marketing they would be doing. In answer to a question from Trustee Glover, Chris Hesch explained what types of games would be in the arcade; he also presented a brief history of his company. Trustee Glover stated that her biggest concern is possible gang problems at the arcade; without the arcade, she thinks the complex is wonderful. Mr. Raysa stated that, with regard to precedent setting, the Village can allow special uses in certain areas of the Village as long as you have the reasons for restricting the use to certain areas. Trustee Marienthal stated that there must be safe guards so that there are not further requests for video arcades; he is concerned with the close proximity to the school. Alan Gelfand noted that they visited the Joe Dumars facility in Michigan, and reviewed their findings. Trustee Rubin stated that the Village needs to get a better comfort level from the Police Department before moving forward. Lou Eisenberg, 1213 Franklin Lane, stated that there could be more control if there were memberships; Mr. Gelfand stated that they are proposing a pay as you play operation. Mr. Gelfand stated that they would like to get to the Plan Commission and sit down and start discussing the project. �.. President Mathias poled the Board: "YES" indicates favor of this concept if there were no video games; "NO" indicates opposition: YES: Marienthal*, Rubin, Braiman, Glover NO: None ABSENT: Reid, Hendricks *Would consider it. President Mathias polled the Board: "YES" indicates favor of referring this as the plan stands; "NO" indicates having the developer come back with modifications: YES: Braiman NO: Marienthal, Rubin, Glover ABSENT: Reid, Hendricks Trustee Rubin stated that he would be willing to look at a petition for referral if it came back with modifications; another pre-application conference might not be necessary. Mr. Gelfand asked if he could be referred to the Plan Commission if there were only 50 video games. Trustee Marienthal wants the Village Attorney to propose a safeguard whereby the Village will not be faced with a large number of applications for 50 video games. Trustee Glover stated that her comfort level would be greater when the Police Department's comfort level is greater. L..r 9743 7/10/95 Trustee Rubin stated that he would be willing to refer on the condition that, if it came back, it would have to be with a recommendation from the Police Department. President Mathias stated that another criteria would be the language from the Village Attorney stating that this type of establishment could be refused in another area of the Village. - Moved by Rubin, seconded by Braiman, to refer this proposal to the Plan Commission, subject to the filing of the application and comments made tonight, particularly regarding Police Department comfort and Village Attorney comfort. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Marienthal, Rubin, Braiman, Glover NAYS: 0 - None ABSENT: 2 - Reid, Hendricks Motion declared carried. All Trustees noted that this must come back with the full blessing of the Police Department and the Village Attorney. President Mathias stated that any residents wishing to be notified should give their name and address to Mr. Pfeil. It was suggested that the 250' delineation for notification be reviewed and perhaps expanded. Mr. Balling stated that the Village makes every effort possible to notify residents of meetings through cable, the info line, and newspapers. ADJOURNMENT Moved by Rubin, seconded by Braiman, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:03 P.M. Ill . 4,U Janet M. Sirabian, Village Clerk 221- APPROVED B ME THIS DAY OF 7(411 , 1995. la a Pres d nt 1