1995-08-07 - Village Board Regular Meeting - Minutes 9757
8/7/95
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, AUGUST 7, 1995
CALL TO ORDER
President Mathias called the meeting to order at 7:40 p.m. Those present stood
and pledged allegiance to the Flag.
v ROLL CALL
Roll call indicated the following present: President Mathias; Trustees
Marienthal, Reid, Rubin, Braiman, Hendricks, and Glover.
Also present were: Lee Szymborski, Assistant Village Manager; William Raysa,
Village Attorney; William Brimm, Finance Director; Phil Versten, Administrative
Assistant; Robert Pfeil, Village Planner; Frank Hruby, Director of Building &
Zoning; Ray Rigsby, Superintendent of Public Works; Rob Giddens, MIS Director;
and Joe Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Hendricks, seconded by Reid, to approve the minutes of the July 17, 1995
Regular Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
APPROVAL OF MINUTES
Moved by Reid, seconded by Hendricks, to approve the minutes of the July 24, 1995
Special Meeting. Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
Motion declared carried.
WARRANT #795
Mr. Tenerelli read Warrant #795. Moved by Marienthal, seconded by Reid, to
approve Warrant #795 in the amount of $1,524,285.50 authorizing payment of bills
listed. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
RESOLUTION #95-54 - Fly-over Ramp
President Mathias read the resolution Supporting the Implementation of a "Flyover
Ramp" access to the Edens Spur in the Southwest Quadrant of the Intersection of
I-294 and Lake Cook Road. Moved by Rubin, seconded by Braiman, to approve
Resolution #95-54. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
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BLUE RIBBON COMMITTEE ON THE PERFORMING ARTS
Trustee Rubin reported that he had attended the Buffalo Grove Performing Arts
performances of "Fiddler on the Roof" performed entirely by local talent. He
requested a report from the Blue Ribbon Committee on the Performing Arts, a joint
venture with the Park District. He looked for recommendations on how the Village
could assist in establishing permanent facilities or helping the organization so
the recommendations could be investigated before the next budget year.
Lee Szymborski, staff liaison to the Committee, stated that the Committee was
ready to give recommendations on cultural arts center which they would like to
test on a larger group first. A written update should be ready soon.
COMMUTER STATION DEVELOPMENT AGREEMENT
Mr. Szymborski stated that Staff is requesting approval of an amendment to the
Commuter Station Agreement pending final review of the Village Attorney.
Approval would allow the Village to begin important construction of the parking
lot this Fall, prior to the final execution of the agreements between Metra and
Wisconsin Central. Final agreement is expected to be 4 to 8 weeks away. Staff
feels that any work that the Village does before that agreement is made, would
be protected by the agreement between the Village and Metra.
Moved by Hendricks, seconded by Reid, to approve the amendment to the Commuter
Station Development Agreement. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
ICE PARTNERS & WEINER PROPERTY PRE-ANNEXATION AGREEMENTS
Mr. Szymborski commented on the subject, details of which can be found in Mr.
Pfeil's memo's to Mr. Balling of August 3. There are still issues to be
discussed between the Village and Ice Partners.
Mr. Marc Schwartz, attorney for Ice Partners, requested that the public hearing
be continued to the next Board meeting. Unanswered questions dealing with
annexation of Ice Associates parcel in conjunction with pre-annexation issues of
the Weiner parcel need to be resolved. He stated that his clients are in
substantial agreement with the terms of the current draft of the annexation
agreement for the Ice Partners.
Mr. Raysa referred to page 16, paragraph 28.K. of the Twin Rinks Ice Pavilion
annexation agreement. Both annexations need to work together, and until
agreement is made on both pre-annexations, he recommends they be discussed
together. Staff is proposing two pre-annexation agreements. Once the
requirements of 28.K. are met, the annexations will come back to the Board for
annexation of the Ice Partners parcel. Some items that need to be completed are
plats of dedication and easement. Because of timing issues, a possible date for
this subject to appear before the Board would be the September 11 meeting.
Moved by Braiman, seconded by Rubin, to continue the Public Hearing for Ice
Partners and Weiner pre-annexation agreements to August 21. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
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CHECKER ROAD/BUFFALO GROVE ROAD STOPLIGHT
David Mattes, 1463 Chase Ct. , inquired as to when the traffic signal at Checker
Road and Buffalo Grove Road will be in operation. President Mathias informed him
that it was a county project and that it is scheduled to be completed in
September.
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;
he then read a brief synopsis of each of the items on the Consent Agenda.
ORDINANCE #95-76 - Sign Code
Moved by Braiman, seconded by Hendricks, to pass Ordinance #95-76, Amending
Section 14.20.010 of the Buffalo Grove Sign Code permitting installation of a
ground sign for the Villas of Manchester Greens. Upon roll call, Trustees voted
as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
ORDINANCE #95-77 - Liquor Control
Moved by Braiman, seconded by Hendricks, to pass Ordinance #95-76, Amending
Chapter 5.20 of the Liquor Controls Ordinance creating a Class H license for
Baskets With An Attitude, Ltd. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
ORDINANCE #95-78 - Liquor Control
Moved by Braiman, seconded by Hendricks, to pass Ordinance #95-78, Amending
Chapter 5.20 of the Liquor Controls Ordinance prohibiting bottle clubs in the
Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
RESOLUTION #95-55 - Busch Rd. & Weiland Rd.
Moved by Braiman, seconded by Hendricks, to pass Resolution #95-55, Approving an
Agreement for final design engineering services relating to the Busch Road and
Weiland Road intersection improvement. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
RESOLUTION #95-56 - Busch Rd. & Weiland Rd.
Moved by Braiman, seconded by Hendricks, to pass Resolution #95-56, Approving an
agreement for construction engineering services related to the Busch Road and
Weiland Road intersection improvement. Upon roll call, Trustees voted as
follows:
Ili
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AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
SIDEWALK EASEMENT AGREEMENT - Mill Creek
Moved by Braiman, seconded by Hendricks, to approve the sidewalk easement
agreement - Mill Creek Homeowners Association. Upon roll call, Trustees voted
v as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
AWARD OF BID - Public Works Equipment
Moved by Braiman, seconded by Hendricks to approve the Award of Bid - Public
Works equipment including 1) hydrostatic vibratory roller 2) cargo mini-van 3)
one-ton truck with plow attachments and 4) brush chipper. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
DEERFIELD BAKERY - Certificate of Acceptance and Approval
Moved by Braiman, seconded by Hendricks, to approve the Certificate of Initial
Acceptance and Approval - Deerfield Bakery. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
EASEMENT AGREEMENTS - PACE and Village of Buffalo Grove
Moved by Braiman, seconded by Hendricks, to approve two Easement Agreements
between the Suburban Bus Division of the Regional Transportation Authority (Pace)
and the Village of Buffalo Grove. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
AUTHORIZE TO BID - 7-1996 vehicles
Moved by Braiman, seconded by Hendricks, to authorize to bid - seven 1996 mid
size staff vehicles. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
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AMVETS POST 255 - Fee Waiver
Moved by Braiman, seconded by Hendricks, to Approve the Fee Waiver - Amvets Post
255 Buffalo Grove Days raffle fee. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
PRAIRIE PLACE - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Prairie Place, Brandywyn Lane and Chestnut Terrace-Temporary
sign. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
GAVAZZI, INC. - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Gavazzi, Inc. , 750 Hastings Lane - Wall Sign. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
TOWN CENTER - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Town Center street furniture, locations Nos. 1, 3, 4 and 5:
Location No.2, identification panel only. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
PROMOTION ACTIVATORS & ARLINGTON COMPUTERS - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Promotion Activators and Arlington Computers, 841 Commerce Ct. -
Ground Sign. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
275 W. DUNDEE - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Real estate offices at 275 W. Dundee Road - Ground sign face
change. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
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CANTERBURY FIELDS - Aesthetics
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Canterbury Fields, Buffalo Grove Road north of IL Route 22 -
Model elevations, materials and colors. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
�•/ NAYES: 0 - None
Motion declared carried.
JAMO HI-FI USA, INC. - Aesthetics]
Moved by Braiman, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Jamo Hi-Fi- USA, Inc. , 1177 Corporate Grove Drive - Site Plan,
elevations, materials, colors and lighting. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
SHELL OIL - Arlington Heights Rd and Route 83
Mr. Szymborski introduced the subject, details of which are contained in Mr.
Pfeil's memo to Mr. Balling of August 3, 1995.
Mr. Sanford Stein, attorney, representing Shell Oil Company, made a presentation
to the Board asking for referral to the Plan Commission. He reported on
suggestions made from neighborhood meetings with Shell and how these suggestions
have been incorporated into their plans presented tonight.
Mr. Ted Johnson, urban planner and landscape architect, made a presentation to
the Board. He summarized the four proposed concept plans, including site plans,
setbacks, landscaping plans and open space areas.
Ken Polach, real restate appraiser, addressed the Board. He listed the steps he
used to determine the land value. A copy of the study made was handed out to the
Board. He looked at the impact of townhouse developments of Concord and Sporlein
sale and resales. He concluded that impact of commercial development within this
particular area created no significant difference upon the resale of property on
the edge of the commercial development as compared to the interior sites.
Because of the following factors of the proposed development such as existing
berming, distances from the proposed use, the access, the traffic, the open
space, he believes that there would be no impact as a result of the proposed
development.
Ted Tretsch, transportation consultant, described the steps taken in analysis
which are: existing traffic conditions around the site; traffic counts at
Fremont Way and Arlington Heights Road, and Route 83 and Arlington Heights Road;
determine what traffic the development will generate; determine what
improvements will need to be done to mitigate any impact the development has.
He concluded that a stop to a gas station or a fast food restaurant is an
ancillary stop and does not generate significant additional traffic.
Elliott Hartstein, 908 Providence Lane, expressed his concerns regarding the
increase of traffic at the intersection of Arlington Heights Road and Route 83,
and neighborhood traffic. It has one of the highest accident rates in the
county. He urged the Board to consider that fact before adding any change which
would add further traffic to that intersection. He encouraged residential
development of the parcel.
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David Mattis, 1463 Chase Court, quoted traffic impact analysis done in March,
1987 prepared for Otis & Associates recommending that left turn movements
eastbound from North Fremont Way should be prohibited. The Village conducted a
traffic study in April, 1987, which recommended left turns be restricted,
otherwise allowing traffic to cut through the subdivision. In 1990 when IDOT
came with plans for widening Route 83, residents requested the Village to do a
traffic study which was done.
Andrea Brim, 1245 Bristol Lane, stated that in order to lessen intensity of
traffic density, of that property it is in the best interest, for owner to re-
evaluate the asking price of the property, allowing for a development of single
family homes. She questioned the length of time the traffic study was
conducted.
Lou Eisenberg, 1213 Franklin Lane, wanted to know the hours of operation of the
McDonalds; he wanted to know definition of "absolutely no impact" the land
appraiser used in describing the impact of the development on the value of
neighborhood property.
Ron Blitenthal, 948 Providence, stated his concerns which are the safety of
children riding bikes, noise pollution, the McDonald's odors and litter.
Paul Loeffler, 1016 Shamblis Lane, questioned safety at the school bus stop; the
space donated to the village will only cost the Village more on upkeep; garbage
attracts rats to restaurant and then to residents.
Jim McDowell, 1192 Bristol Lane, encouraged the Board to move the development to
Lake Cook Road and Arlington Heights Road.
Dan Minaghan, 1078 Shamblis Lane, expressed his traffic concerns and requested
a zoning change to allow housing to be built on that location.
Carol Stops, 1002 Fremont Way, is concerned by the size of delivery trucks and
fuel trucks coming in off hours to deliver product.
Gail Larson Lutz, 1524 Anderson Lane, is concerned about gas fumes carried into
the residential areas.
Rich Coco, 1186 Bristol Lane, questioned the appraisers conclusions since it is
a new development with no sales yet.
Rosanna Eagle, 1188 Bristol Lane, is a single parent and would not feel safe with
people coming to the businesses and into the neighborhood; traffic smells and gas
fumes are also concerns.
Mr. Sandhurst commented that they are a responsible corporation and would tell
truth. Gas fumes cannot by law be allowed to escape. McDonalds has a patented
process whereby all odors are stripped out before going into the air. Traffic
study was done at a peak traffic hour which is correct. He requested referral
to the Plan Commission.
Trustee Rubin stated that other developments have come to the Village for
approval; developers have exercised their options but have gone to neighboring
Villagesto get what they wanted. We have no tax dollars from those developments,
but we have the traffic problems and no benefit from planning the development.
He supported a referral of Plan A to the Plan Commission with no promises that
he will vote for the project if it comes back to the Board. Historically the
Park District has not accepted open space which means that the Village would have
to take it and maintain it at taxpayer expense or that Shell would have to keep
it, if that is the recommendation.
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Moved by Rubin, seconded by Hendricks to refer Plan A to the Plan Commission.
Trustee Marienthal stated that a designation is given to this property on the
Master Plan which is not what is being presented. He needs answers to questions
concerning hours of operation, and who is responsible for open space. These
questions need to be answered before this plan is referred to the Plan
Commission.
Trustee Braiman stated that he does not like the idea of a shared facility and
is not willing to send it to the Plan Commission at this time.
Trustee Reid wants the issue of hours of operation addressed, as well as the
issues of land donation and traffic problems.
Upon roll call, Trustees voted as follows:
AYES: 4 - Reid, Rubin, Hendricks, Glover
NAYS: 2 - Marienthal, Braiman
Motion declared carried.
GREGG DIDECH - Fence Code
Mr. Szymborski introduced the subject, details of which can be found in Mr.
Hruby's memo to Mr. Balling of July 27, 1995. Mr. Didech is requesting direction
on interpreting the fence code as it concerns fencing surrounding a spa and a
deck.
Mr. and Mrs. Didech addressed the Board. They discussed an issue involving a
fence on their property at 3031 Cypress Ct. , details of which can be found in
their letter to Mr. Balling of August 1, 1995.
Mr. Raysa stated that when plans for the Arboretum Golf Course were approved, the
Village Board added that no fences would be allowed on the golf course unless it
was for a swimming pool to the Fence Code. The subject is being discussed
tonight to see what the Board desires for an adequate enclosure. There is a
conflict between the BOCA Code and the Fence Code.
Trustee Marienthal believes this was discussed at the time the golf course came
in, and that the enclosure was for that particular hot tub only, and not to
include the entire yard.
Trustee Reid recalled that the discussion being that the pool was a reason for
a fence.
Trustee Braiman asked for definitions and original minutes where it was
discussed. The overriding concern should be safety; a fence around the hot tub
is inappropriate for the home owner. He would like to see the recommended
language before the subject can be resolved.
Trustee Hendricks, believes there is only one fence on the golf course and it is
around a pool, not the property. There have been requests for fences on property
on the golf course which we have turned down. This should also be turned down.
In answer to a question from Trustee Reid, Mrs. Didech replied that there is no
fence at this time.
Mr. Hruby stated that the permit was to build a deck. The plans for the deck
showed a future spa. Upon inspection they noted the spa was already built. They
were given permission to leave the spa there with the provision that it not be
filled with water and they would secure a building permit immediately. They have
not done this because of the fence issue.
1
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Trustee Rubin agreed that the language is confusing. The two issues are of
building a fence on the golf course, the other is that of safety. He is in favor
of revised language.
Mr. Hruby stated that a four foot fence with a self closing gate and self closing
latch could be build immediately adjacent to the hot tub. He suggested language
which could clarify this issue. It is found in his letter of July 27, 1995 to
Mr. Balling.
Trustee Glover would not like to see relaxing of the Fence Code around the golf
course. The language needs to be improved; she would not change fencing around
the golf course, but would look to clarify the wording of the Fence Code.
Trustee Hendricks questioned the Didech's concerning the lock on the spa; they
replied that it is Underwriters Laboratory approved which will support up to 250
lbs.
Mr. Hruby stated that the Village has stricter safety codes than BOCA, and that
means a safety fence.
Trustee Reid suggested this subject be discussed at a future meeting; the minutes
should be checked to find out the original intent. He requested a recommendation
from Staff that could be discussed.
The matter will be continued until the August 21, 1995 meeting.
BCD COMPANY - Plan Commission Referral
1
Mr. Szymborski introduced the issue, details of which can be found in Mr. Pfeil's
memo to Mr. Balling of August 3, 1995.
President Mathias reminded the Board that this development has appeared before
them in a pre-application conference. The Board voted not to refer the plan, but
recommended that the developer return with a revised plan taking into
consideration remarks from the Trustees.
The petitioner, Scott Greenberg of the Environmental Community Development
Company, made his presentation. His presentation covered many topics, some of
which were of concern to the Trustees from the last meeting. They were: units
per acre, parking spaces, paved area, open space, bedrooms per unit, rental rates
for 1997, impact on School Districts 102, 125, and references on their management
capabilities. Mark Humphries is the architect.
Trustee Marienthal questioned if the developer would agree to having an audit of
number of school age students if it was found that the number was higher than
expected. Mr. Greenberg replied that the impact fee is based on bedrooms not
students, but that on the basis of the impact fee that is in place now, he could
see adjusting the impact fee on a per student basis.
Trustee Marienthal asked when the commercial part of the development plan would
be in place. Mr. Greenberg replied that six months after the beginning of
construction of the residential, construction of the office/commercial would
begin.
Trustee Reid asked Dr. Berkey, principal of Stevenson High School #125 to
address the Board. He reaffirmed the letter to Mr. Balling of July 17, 1995 from
Superintendent Richard DuFour. District 125 believes that changes in Master
Plans make it difficult for school districts to make long range plans. They
oppose development of this site.
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Trustee Braiman is concerned by the configuration and parking of the development.
This is an opportunity to gain commercial development which is important for the
tax base in Buffalo Grove.
Moved by Braiman, seconded by Hendricks to refer the plan to the Plan Commission.
Trustee Hendricks questioned the developer concerning the engineering involved
in erecting buildings on fill. Mr. Greenberg stated that pilings will have to
be used.
Trustee Glover is concerned by the configuration. In answer to Trustee Glover's
question, Mr. Greenberg stated that 70% of the apartments have attached garages;
32 detached garages are on site meaning 80% of apartments have garages; 20% will
have parking spaces. She sees units without garages undesirable in the community
if the development is converted to ownership housing. Mr. Greenberg stated that
their study had shown that units without garages made those units more
affordable.
Trustee Reid is disappointed not to see two car garages. He would like to see
a less dense and more creative development.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Braiman, Hendricks, Glover
NAYES: 2 - Reid, Rubin
Motion declared carried.
ADJOURNMENT
Moved by Braiman, seconded by Hendricks, to adjourn the meeting. Upon voice
vote, the motion was unanimously declared carried. The meeting was adjourned at
11:20 p.m.
L .C; a(Jtv6./
,
' Olson,Deputy Village Clerk
_2 APPROVED BY ME THIS , DAY OF b" , 1995.
Villa esident