1995-10-16 - Village Board Regular Meeting - Minutes 9797
10/16/95
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, OCTOBER 16, 1995
CALL TO ORDER
President Mathias called the meeting to order at 7:37 P.M. Those present stood
and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Mathias; Trustees Reid,
Rubin, Braiman, Hendricks and Glover. Trustee Marienthal arrived at 7:50 P.M.
Also present were: William Balling, Village Manager; William Raysa, Village
Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance
Director; Robert Pfeil, Village Planner; Richard Kuenkler, Village Engineer; Rob
Giddens, MIS Director; and Joseph Tenerelli, Village Treasurer.
APPROVAL OF MINUTES
Moved by Rubin, seconded by Hendricks, to approve the minutes of October 2, 1995
Regular Meeting. It was noted that the date should be corrected from 10/18/95
to 10/2/95. Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
WARRANT #800
Mr. Tenerelli read Warrant #800. Moved by Hendricks, seconded by Rubin, to
approve Warrant #800 in the amount of $1,698,638.53, authorizing payment of bills
listed. Upon roll call, Trustees voted as follows:
AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
ABSENT: 1 - Marienthal
Motion declared carried.
CIVICS FORUM
The Village Clerk noted that the students participating in the Civics Forum on
Monday, October 23, 1995 for Buffalo Grove, Stevenson and Wheeling High Schools
are in the audience; she briefly explained the format of the Civics Forum, after
which the students introduced themselves.
ARLINGTON HEIGHTS POLICE DEPARTMENT
President Mathias noted a letter received from President Mulder of Arlington
Heights thanking the Village of Buffalo Grove for the help with police coverage
so that their officers could attend the Policeman's Ball.
ELK GROVE FIRE DEPARTMENT
President Mathias noted a letter from Elk Grove Village thanking the Village of
Buffalo Grove for assistance in fire fighting.
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10/16/95
WISCONSIN CENTRAL
President Mathias noted that the Illinois Commerce Commission has entered an
order approving the Busch Road/Wisconsin Central Line tracks for gates.
President Mathias also noted that IDOT will be closing the tracks on the
Wisconsin Central at Route 22 to create a new grade crossing.
GAMING TAX - REVENUE SHARING PROGRAM
President Mathias introduced and reviewed the proposed resolution with regard to
the Gaming Tax - Revenue Sharing Program, details of which are contained in the
October 6, 1995 memo from Ronald Wietecha, NWMC President.
Trustee Marienthal arrived at this time.
In response to a question from Trustee Rubin, Mr. Raysa stated that the Village
could still support a similar venture in another Village as long as the other
town has the same type of sharing arrangement; the Village cannot support another
town unless there is a revenue sharing arrangement.
Trustee Rubin stated that, if the Village is not going to be compensated on the
entire population of Buffalo Grove, it is basically noting that the other town
is not interested in the rest of the voters in Buffalo Grove. On the other hand,
Trustee Rubin stated that it would be difficult to turn down the revenue.
Trustee Reid suggested deferring action on this issue until staff is able to
contact other communities that are in similar situations; however, with regard
to direction as to President Mathias' vote at the NWMC meeting, he would suggest
turning this proposal down because it disenfranchises two-thirds of Buffalo
Grove's population.
Trustee Glover stated that the communities in question are asking for Buffalo
Grove's support for a situation which is very likely to end up in litigation; she
believes the Village would be giving away a great deal of control.
President Mathias agreed with Trustee Reid that the Board should wait to take a
formal vote on this issue until answers are received to the many questions still
unanswered, however, he asked for direction from the Board as to how he should
vote at the NWMC meeting on October 30, 1995.
Trustee Reid would suggest a negative vote because of the effect it has on our
community.
Trustee Rubin would concur with Trustee Reid unless the entire population of
Buffalo Grove is included.
Trustee Braiman agreed with Trustee Rubin.
Trustee Glover stated that she would also suggest a negative vote because she has
major concerns about litigation, in addition to concerns about not including the
entire population of Buffalo Grove.
Trustee Marienthal stated that he believes that any agreement would have to
include the entire population of Buffalo Grove.
AAA PEDESTRIAN SAFETY AWARD
Mr. Balling noted the Village's receipt of it's 9th AAA Pedestrian Safety Award,
indicating that Buffalo Grove has not had a pedestrian fatality in that period,
which is a credit to the Police Department safety efforts.
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10/16/95
PEDESTRIAN TRAFFIC SIGNAL
Mr. Balling reported on a proposed pedestrian traffic signal on Dundee Road near
Buffalo Grove High School; a warrant study has indicated that warrants are met
for the traffic signal; the state will now review the warrant study, and staff
anticipates an answer from the state near the middle of November.
MANAGEMENT REPORT
Mr. Balling noted the submittal of the Management Report for September, 1995;
there were no questions on same.
PUBLIC HEARINGS - ICE PARTNERS AND WEINER PROPERTY
At 8:13 P.M. , President Mathias re-opened the Public Hearings for the Ice
Partners and the Weiner property, both of which are continued from October 2,
1995.
President Mathias asked if anyone wished to comment further; there were no such
requests.
Mr. Raysa noted that the new draft date for both pre-annexation agreements before
the Public Hearing are labeled Twin Rinks Ice Pavilion dated 10/12/95 in the
upper left hand corner, and the Weiner pre-annexation agreement dated 10/13/95;
the Village is in receipt of signed copies of both agreements. Mr. Pfeil's memo
to Mr. Balling of October 13, 1995 refers to both of these pre-annexation
agreements.
The petitioner stated that all outstanding issues, including any possible
compensation issues, have been resolved.
President Mathias confirmed with the petitioners that they are still under oath.
At 8:20 P.M. , President Mathias continued the Public Hearings until later on in
this meeting.
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;
he then read a brief synopsis of each of the items on the Consent Agenda; there
were no such requests.
ORDINANCE #95-99 - Liquor Controls
Moved by Reid, seconded by Hendricks, to pass Ordinance #95-99, Amending Chapter
5.20, Liquor Controls, deleting a Class A license for Barry's Barbecue and Brew
and granting a Class A license to TJ Buffalo, Inc. both d/b/a Barry's Ribs and
More, 197 W. Dundee Rd. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
9800
10/16/95
RESOLUTION #95-65 - Toll Plaza
Moved by Reid, seconded by Hendricks, to pass Resolution #95-65, Recommending a
single site location north of Winchester Rd. in Mundelein as the most feasible
toll booth plaza concept and site alternative for IL Route 53 extended. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
WINCHESTER ESTATES - Final Acceptance
Moved by Reid, seconded by Hendricks, to approve a Certificate of Initial
Acceptance and Approval - Winchester Estates, IL Route 83 and Bank Lane. Upon
roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
ROSEGLEN SUBDIVISION - Plat of Easement
Moved by Reid, seconded by Hendricks, to approve a Plat of Easement - Roseglen
Subdivision, Checker Rd. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
VILLAGE METRA STATION - Aesthetics
Moved by Reid, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Village Metra Station, Commerce Ct.-Temporary construction
signs. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
MILLER PROPERTY - Aesthetics
Moved by Reid, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Miller Property, IL Route 22 - Temporary sign. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
COUNTRY COURT SHOPPING CENTER - Aesthetics
Moved by Reid, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Country Court Shopping Center, 125-165 W. Dundee Road - revised
front elevation. 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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10/16/95
LASALLE BANK - Aesthetics
Moved by Reid, seconded by Hendricks, to accept the Appearance Commission
Recommendation: LaSalle Bank (formerly LaSalle-Talman Bank) , 1355 W. Dundee Road
- Sign face changes. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
l ' NAYES: 0 - None
�./ Motion declared carried.
SCARSDALE CENTER - Aesthetics
Moved by Reid, seconded by Hendricks, to accept the Appearance Commission
Recommendation: Scarsdale Center, Aptakisic Rd. , - Full review including
elevations, materials, colors, landscaping and lighting. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
JOINT PURCHASE PROGRAM - Police vehicles
Moved by Reid, seconded by Hendricks, to Authorize participation in the Joint
Purchase Program, police patrol vehicles. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
SCARSDALE DEVELOPMENT - Variance Denial
Moved by Reid, seconded by Hendricks, to Approve a ZBA and Appearance Commission
Recommendation to deny a Sign Code Variance - off premise signs - Scarsdale
Development. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
Motion declared carried.
ORDINANCE #95-100 - Ice Partners
Moved by Glover, seconded by Rubin, to pass Ordinance #95-100, approving a Pre-
Annexation Agreement for the Ice Partners Property, Weiland Road. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
ABSTAIN: 1 - Reid
Motion declared carried.
ORDINANCE #95-101 - Weiner Property
Moved by Glover, seconded by Rubin, to pass Ordinance #95-101, approving a Pre-
Annexation Agreement for the Weiner Property. Upon roll call, Trustees voted as
follows:
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10/16/95
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
ABSTAIN: 1 - Reid
Motion declared carried.
ORDINANCE #95-102 - Re-zonincr/Side Yard Setback
Moved by Glover, seconded by Hendricks, to pass Ordinance #95-102, approving a
`./ re-zoning from the B-1 District to the R-4A District with a variation of the side
yard setback, 936 S. Betty Drive (Lot 71 & 72 of Dun-Lo Highlands Replatted as
the Niminski-Post Resubdivision) .
John Aiello, applicant, reviewed his plans for the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of October 12, 1995. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
Motion declared carried.
NIMINSKI-PORST SUBDIVISION
Moved by Glover, seconded by Rubin, to approve a Final Plat of Subdivision,
Development Improvement Agreement and Attending Conditions - Niminski-Port
Subdivision; details are contained in Mr. Kuenkler's memo to Mr. Balling of
October 10, 1995. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
Motion declared carried.
BOY SCOUT TROOP 140
President Mathias recognized the presence of Boy Scout Troop 140 in the audience.
BOZNOS PROPERTY
Mr. Balling brought the Board up to date on this issue; he read a letter from the
Superintendent of School District 103 dated October 16, 1995.
Mr. Sidebottom again introduced himself and Scott Hargedon; he then reviewed the
changes that they made with regard to reducing the number of students to be
generated by the development, referring to his memo to the Village of October 12,
1995, addressing questions and comments raised at the October 2, 1995 Board
Meeting; they will continue to address the density with the Plan Commission; they
are exploring avenues of how to make sewer available to the property; they are
going to look at existing developments in Buffalo Grove in trying to tie in the
property.
In answer to a question from Trustee Glover, Mr. Sidebottom stated that there
will not be age restrictions for residents in the development, but the product
will be targeted for seniors.
Trustee Glover stated concerns about the large portion of the property which will
be in the floodway. Mr. Hargedon stated that their civil engineer believes that,
through proper engineering, the project can be modeled so as not to be in the
flood plain. Trustee Glover again stated that this a major concern to her.
Trustee Glover stated that she also has concerns about the density, particularly
with the apartments; she would like to see the developer look at a product
similar to Cherbourg.
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10/16/95
Trustee Rubin stated that he accepts the fact that this parcel has been on the
Master Plan as a mixed use product; he is still uncomfortable with the 330
apartment units; he is not comfortable with the single-family attached for
seniors; he would prefer to look at either a project that mirrors the
Lincolnshire project to the north or to a Cherbourg type development; the Board
must be sensitive to the school districts, because it is not a matter of
donations, but a matter of physical space to house more students; the national
statistics do not seem to fit in Buffalo Grove; he cannot support this product
with this type of density.
Trustee Reid stated that he has some of the same concerns as other Trustees
regarding density; he is disappointed in the packet which was received; there are
no land plans or indications as to where or how the revised numbers are going to
be distributed across the property; he does not find the material distributed
suitable for referral to the Plan Commission; he wants to see something more
tangible than a concept plan before referral.
Trustee Braiman agreed with Trustee Reid; he appreciates the fact that the
density was reduced; he likes the senior project with the bedroom on the first
floor; his biggest concern is the commercial aspect, and he would ask that that
be revised; he agrees that this is not yet ready for referral to the Plan
Commission.
Mr. Sidebottom responded to the comments made by the Board.
Trustee Hendricks stated that he believes the plan is interesting; he agrees with
comments made by other Trustees; he is glad to see the reduced densities; he
believes further reductions are required, but he believes that can be worked out
at the Plan Commission level; he noted the multi-family has been in the Village's
plan since 1992, so the school districts should have been prepared for this.
Trustee Marienthal stated that he has looked at the plan given to the Board; he
thinks there is significant work that must be accomplished before the Board is
in a position to send to the Plan Commission; he is looking at it from the
standpoint of the overall density; the multi-family should be seriously looked
at, as well as the single-family attached.
Mr. Sidebottom stated that the development will have at least 75,000 square feet
of commercial, plus the four restaurants.
Mr. Hargedon pointed out the difficulties they have in developing this large a
project; they would ask to be referred to the Plan Commission so that they can
nail down a site plan that staff can support; it is difficult for them to present
the detail that the Board is asking for without having the discussions with the
Plan Commission.
Trustee Rubin stated that he thinks this plan needs a great deal of work, and he
does not believe in voting to send a plan to the Plan Commission if he does not
believe he can vote for it when it returns to the Board.
Trustee Reid stated that he appreciates the problems involved in putting this
type of development together, but other developers have done it; staff will spend
time and work with the developer to present a plan that could be referred to the
Plan Commission; he cannot vote to refer based on the information currently
available.
Trustee Marienthal stated that the developer is asking to have this plan referred
to the Plan Commission without a lot of finite details, however, this development
is going to add between 1,200 and 1,500 residents the community, and the Board
must have more details.
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10/16/95
Trustee Braiman stated that this will eventually be referred to the Plan
Commission, and he would rather see Buffalo Grove have control over the
development of this property, but he does think there is more work to be done.
President Mathias stated that, after hearing tonight's comments, the Board is not
yet ready to send this project to the Plan Commission for review. He then asked
if there were any comments from the audience.
Richard Heinrich stated that he as a resident has a number of concerns about this
development; he is concerned that the concept that is being presented today is
going to significantly change when it comes to the reality of the market; he does
not want to see another Town Center type development; he is very concerned with
regard to the commercial, and does not want to see a lot of vacant commercial
space; he does agree that he would rather see the Village of Buffalo Grove
control the property than any other entity; he is concerned about the density;
he is concerned about the flood plain.
Gorden Kasper, resident, stated that he has great concern with the impact of this
development on the school district and the education of the children; he is also
concerned with the impact on his taxes.
Bob Ackerman, District 102 board member, thanked the Board for their concern with
the impact on the school district; the district cannot put many more students in
their district without building another facility; residents are concerned that
the school board did not plan right, when, in fact, this plan is coming as a
surprise to them, and they just found out tonight that the commercial would go
to District 103, with the additional students going to District 102.
Barbara Newmark, District 102 PTO, read a statement stating unhappiness and anger
at the Board's decision to consider annexing this property; she presented a
petition asking the Board not to consider either one of the subject properties;
if the Board considers these properties, the children will suffer.
Trustee Braiman asked the District 102 representatives if they were notified when
this development was before the Lincolnshire board. Douglas Parks, District 102
Superintendent, responded to Trustee Braiman that they were told that the
property would be very low density and produce very few children, and the
property was to be similar to the Rivershire property; he stated that they were
not notified of the developer's presentation to the Village of Lincolnshire.
President Mathias stated that traffic and engineering plans and studies are done
at the Plan Commission; the Village Board wants to see a detailed site plan.
Trustee Reid stated that he would expect that the developer's plan would be in
sufficient detail that the Village Engineer would be able to review it and answer
questions for the Board.
Trustee Rubin stated that he still has a problem with the product mix.
Trustee Marienthal stated that he wants to see a site plan and better finite
numbers when it comes to housing types.
RAFFLE
Moved by Rubin, seconded by Reid, to grant a fee waiver request for the Robert
R. McCormick Tribune Foundation/Chicago Bears Wives for a raffle to be held
November 13, 1995 at Lou Malnati's in Buffalo Grove; details of this request are
contained in Jane Olson's memo to Mr. Balling of October 13, 1995. Upon roll
call, Trustees voted as follows:
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AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
Motion declared carried.
EXECUTIVE MEETING
Moved by Marienthal, seconded by Braiman, to move to Executive Meeting to discuss
Personnel and Pending Litigation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, hendricks, Glover
NAYS: 0 - None
Motion declared carried.
The Board moved to Executive Meeting at 9:35 P.M.
The Regular Meeting reconvened at 11:01 P.M.
ADJOURNMENT
Moved by Rubin, seconded by Marienthal, to adjourn the meeting. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None
Motion declared carried.
The meeting was adjourned at 11:01 P.M. QQ
tA.tx
anet M. Sirabian, Village Clerk
APPROVED BY ME THIS 11`"_ AY OF1/(641//e/71A1
, 1995.
% it re dent