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1994-05-16 - Village Board Regular Meeting - Minutes 9498 5/16/94 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MAY 16, 1994 CALL TO ORDER President Mathias called the meeting to order at 7:45 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Mathias; Trustees Marienthal, Reid, Kahn, Rubin and Braiman. Trustee Hendricks arrived at 8:00 P.M. 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; Ray Rigsby, Superintendent of Public Works; Richard Kuenkler, Village Engineer; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Rubin, seconded by Reid, to approve the minutes of the May 2, 1994 Regular Meeting. Correction: On page 9489, where the developer was asked if there was any way to avoid having four entrances onto Old Checker Road, the following should be added at the end of the paragraph: "Mr. Carroll responded that it was not feasible. " Upon roll call, Trustees voted as follows on the corrected minutes: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. WARRANT #766 Mr. Tenerelli read Warrant #766. Moved by Rubin, seconded by Reid, to approve Warrant #766 in the amount of $2,706,187.04, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. COMMISSION REAPPOINTMENTS President Mathias made the following re-appointments to the following Commissions for terms to expire 4/30/95: JOINT COMMISSION ON AGING Marilyn Schar, Howard Eiseman, Karolyn Swanson BLOOD DONOR COMMISSION Barbara Spence, Phyllis Ungerleider, David Hafft APPEARANCE COMMISSION Fred Weissman, Albert Viehman ELECTRICAL COMMISSION Norman Ridell BOARD OF HEALTH Joan Kuffel TRANSPORTATION COMMISSION Rochelle Begel ZONING BOARD OF APPEALS Jay Paul, Rich Heinrich RESIDENTS WITH DISABILITIES Laurie Becker 9499 5/16/94 PLAN COMMISSION Allen Rosenston E.S.D.A. Paul Soucy POLICE PENSION FUND BOARD Robert Greenberg Moved by Kahn, seconded by Braiman, to concur with President Mathias' appointments. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYS: 0 - None ABSENT: 1 - Hendricks Motion declared carried. APPEARANCE COMMISSION President Mathias noted that Appearance Commission Chairman Eddie Larsen will be moving out of the Village, and therefore, will be resigning from the Commission. President Mathias stated that he will be appointing a new Chairman, and asked that any residents interested in serving on the Appearance Commission should submit a Talent Bank Application. BILLBOARD Trustee Marienthal brought up the subject of the recently constructed billboard at Route 22 and the Wisconsin Central Railroad, noting that he had talked to several people about same, as well as drafted letters to Metra and the Wisconsin Central Railroad. There was no objection from the Board to having Trustee Marienthal send these letters. Mr. Szymborski brought the Board up to date on the situation. Mr. Raysa then summarized some of the various issues involved in this situation; at this point, Mr. Raysa is waiting to review the application for the sign to Lake County, as well as the permit issued. After discussion, it was determined that further information would be gathered before the next Board Meeting; this information would be distributed to the Board, and an informal polling would be taken to determine what type of action the Board would wish to take in this situation. Formal action would then be taken at the June 6, 1994 Regular Meeting. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report for April, 1994; there were no questions on same. RESOLUTION #94-26 - TIF RESTRUCTURING Mr. Balling brought the Board up to date on the update of the proposed restructuring of the Tax Increment Financing area bonds, and the acceptance of the Terms Sheet which provide a written outline for those bonds. At the last meeting, the Board requested specific items to be presented by MSA Realty to be produced prior to consideration of a resolution accepting the TIF Restructuring Terms Sheet. Mr. Balling stated that he has prepared a packet of documentation for the Board, which includes: 1. A May 16, 1994 signed copy of a letter from MSA Realty Corporation, David Simon, President, accepting the Terms Sheet of May 2, 1994. 9500 5/16/94 2. A TIF Reimbursement Affidavit in the amount of $62,480.67, which would allow the Village to draw down funds from the TIF account to cover previously incurred legal fees to Chapman & Cutler, and Raysa & Skelton, for work in connection with the bond restructuring. 3. A TIF Reimbursement Affidavit which sets forth a draw of approximately $35,000 from the same fund to be used for legal expenses to be incurred from the date of the passage of the TIF Terms Sheet resolution until the Village closes on the bonds. 4. A letter from MSA Realty signed by David Simon on May 16, 1994, commonly referred to as a tolling letter, which indicates and recognizes the shortfall in the payments of the March 1, 1994 payment; there does need to be clarification on this letter and one of the points on the Terms Sheet, which can be obtained tonight. 5. The Village understands that there is an additional $40,000 to be presented to the Village tonight which would represent the other half of the other portion of the legal fees, so there will be a $75,000 reserve for legal expenses. The Village would serve as the escrow agent. A copy of the draft resolution to proceed with the TIF restructuring is on the dais tonight. Marc Schwartz, representing MSA Realty, stated they have complied with all of the terms set forth by the Board at the May 2, 1994 meeting, and they are asking for adoption of the resolution endorsing the bond ordinance. Trustee Marienthal stated it is unacceptable that documents were again presented the night of the meeting, and not beforehand; he will not entertain any of the presented documents this evening. Trustee Reid agreed, stating that he specifically requested that the materials be provided to the Board prior to the meeting; they were not provided, and the Board has not had an opportunity to review them; the item is not on the agenda for action tonight, and he believes it would be inappropriate to take any action tonight. Moved by Reid, seconded by Marienthal, to table this item. Upon roll call, Trustees voted as follows: AYES: 3 - Marienthal, Reid, Hendricks NAYS: 4 - Kahn, Rubin, Braiman, President Mathias Motion defeated. Moved by Kahn, seconded by Rubin, to pass Resolution #94-26, concerning the Town Center Tax Increment Financing Area Restructuring Terms Sheet, subject to receipt of the check tonight, as well as the originals of the documents which were transmitted by FAX today. Trustee Braiman stated that he was not happy that these documents were just presented to the Board tonight, but he does think that it is time to resolve this issue one way or the other, and do what is in the best interest of the Village. Trustee Reid stated that he agrees that the Board needs to do what is in the best interest of the Village, but he does not believe that voting for this resolution would be in the best interest of the Village; he believes that this is only being done in the best interest of bailing out Melvin Simon and prolonging the Village involvement in the Town Center; the Village should not be in the development business. 9501 5/16/94 Trustee Marienthal agreed that this is not in the best interest of the Village; he believes that Melvin Simon & Associates has been given every opportunity; he believes this property should be on the tax rolls in less than three years. Trustee Rubin stated that the developer has effectively complied with the list of requirements given to them at the last meeting; all taxing bodies involved have signed off for a second time that they are in favor of this refinancing; he will vote in favor of the resolution. Trustee Braiman stated that a commitment was made by a prior Board to be a part of this partnership, and he believes the Village has an obligation to do whatever possible to make the project successful; the redevelopment that comes along with the restructuring is a necessity; he would not have been in favor of this proposal if the affected taxing bodies were not fully in favor of it. Trustee Hendricks stated that he totally agrees with Trustees Reid and Marienthal; he does not feel that Melvin Simon & Associates have met their obligations, nor will they meet their obligations, and he believes the residents of Buffalo Grove have been sold out for another 11 years; he believes this is a bad move. Trustee Marienthal stated that, although the affected taxing bodies have been asked for their opinions, the residents of Buffalo Grove have not been asked their opinions; he does not believe the Village should basically subsidize this particular center for another period of time; he believes it would be a great disservice to the citizens of the community to entertain any extension to the TIF. Trustee Reid also stated that the original agreement on the TIF was made for a specific period of time; he believes the Village has lived up to its responsibilities throughout that period of time; he does have reservations about the cooperation and the participation of the developer; he would like to make clear that, if this is approved, this is a new agreement being made by people who were not on the Board at the time of the original decision; it is not a continuation; the money being received by the taxing bodies is "found" money; the Village will be continuing to lose tax money, and will be continuing to subsidize a shopping center at the expense of other businesses within the community. Trustee Braiman stated that the taxing bodies are not receiving "found" money; they must account to the people on their expenditures; this is the present value of the money that is anticipated being lost to them for several years down the road; he believes that a strong Town Center is going to strengthen the business community; the Terms Sheet has been in the possession of the Board for several weeks; the other documents which were received today were reviewed by the staff. Mr. Schwartz stated that he will present the required documents to the Village Attorney at this time so that he can verify them before the vote. In response to a question from Trustee Marienthal, Mr. Balling explained the procedure to be followed. Steve Fivel stated that it is the intention that the March interest be waived at closing and that the tolling letter provides forbearance upon collection of the interest which was due and payable by the Village on March 1, 1994. Mr. Balling stated that the escrow document has not been finalized as yet; however, this is not one of the conditions. Mr. Raysa stated that the developer requested that the escrow agreement be signed before the check is tendered to the Village. Mr. Balling stated that staff looked at the draft this afternoon, and suggested some revisions; Mr. Fivel 9502 5/16/94 stated that the requested revisions have been made; Mr. Raysa confirmed that the revisions have been made. Mr. Raysa stated that he has just been presented with the following: 1. The MSA Realty check to the Village of Buffalo Grove for $40,000. 2. Signed agreement to the May 2, 1994 Terms Sheet. 3. The original May 16, 1994 tolling letter. 4. The original signed, notarized TIF Reimbursement Affidavit for $35,000, and the second TIF Reimbursement Affidavit for the $62,000 figure. 5. Four original executed documents signed by MSA Realty of the Escrow Agreement. Mr. Raysa again stated that the developer has requested that this be made part of the motion approving the resolution as far an execution of the Escrow Agreement by the Village, not only as one of the parties to the Escrow Agreement, but as the Escrow Agent of the Escrow Agreement. Trustee Kahn amended the motion to include the above request of Mr. Raysa, and Trustee Rubin seconded the amendment. Mr. Raysa stated that he is satisfied with all documents presented. Upon roll call, Trustees voted as follows on the amended motion: AYES: 4 - Kahn, Rubin, Braiman, President Mathias NAYS: 3 - Marienthal, Reid, Hendricks Motion declared carried. President Mathias stated that the next step will be for staff and Melvin Simon & Associates to work on the bond ordinance; it is hoped that that can be completed by the next meeting, but because of scheduling constraints, that may not be possible. President Mathias stated that he believes everyone wants a successful center, and he hopes we can put this behind us now, and move forward toward that goal. BLOOD DONOR RECOGNITION Barbara Spence, Blood Donor Commissioner, introduced Ellen Abrahamson, the Life Source Representative. Ms. Abrahamson explained that those residents being recognized tonight have collectively contributed 1,004 pints of blood to the community blood supply. Ms. Spence and Ms. Abrahamson presented pins and certificates to the following residents: Christa Wells 73 units Donald Roalkvam 32 units Howard Treshansky 32 units Patrick Peterson 48 units Helen Smith 39 units Donald Smith 37 units Richard Segebarth 36 units Timothy McGinn 35 units Nancy Prater 56 units Jerome Libit 32 units Gary Novak 34 units David Hafft 36 units Hartmut Maniora 34 units Carl Erickson 33 units Betty Hauber 33 units Joan Attenberg 36 units Michael Grad 32 units 9503 5/16/94 Ms. Abrahamson stated that, since 1975, the Buffalo Grove community has contributed 5,310 pints of blood to needy patients; she presented a plaque to the Village in appreciation for its support. All residents are urged to donate blood whenever possible. President Mathias thanked all who have donated, Ms. Spence and Ms. Abrahamson for their presentation, and the Blood Donor Commission for their dedication. 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. ORDINANCE #94-26 - Liquor Controls Moved by Kahn, seconded by Hendricks, to pass ordinance #94-26, Amending Chapter 5.20, Liquor Controls, of the Municipal Code as it concerns the deletion of one Class B license. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. ORDINANCE #94-27 - Signs Moved by Kahn, seconded by Hendricks, to pass Ordinance #94-27, Authorizing the Placement of a Sign on Municipal Property (Fire Station #27 ground sign) . Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. RESOLUTION #94-27 - 1994 Street Maintenance Moved by Kahn, seconded by Hendricks, to pass Resolution #94-27, For Improvement by Municipality Under the Illinois Highway Code as it concerns supplemental Motor Fuel Taxes for the 1994 Villagewide Contractual Street Maintenance Program. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. RESOLUTION #94-28 - Cable Rates Moved by Kahn, seconded by Hendricks, to pass Resolution #94-28, Regarding the Engagement of an Accounting Expert to Evaluate Continental Cablevision's Cost-of- Service Showing for Basic Tier Cable Rates. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 9504 5/16/94 PROCLAMATION - Safety In the Workplace Week Moved by Kahn, seconded by Hendricks, to Proclaim the week of June 5-11, 1994 as Safety In the Workplace Week in the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. FIRE STATION #25 Moved by Kahn, seconded by Hendricks, to approve an Agreement for Engineering Services and waiving bids for Fire Station No. 25 Traffic Signal Improvement. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 1994 VILLAGEWIDE SIDEWALK PROGRAM Moved by Kahn, seconded by Hendricks, to Award of Bid - 1994 Villagewide Sidewalk Program. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. FIRE STATION NO. 25 Moved by Kahn, seconded by Hendricks, to Award of Bid - Fire Station #25 Parking Lot Reconstruction. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. WILKINSON PROPERTY Moved by Kahn, seconded by Hendricks, to Approve a Sanitary Sewer Easement and Settlement Agreements - Wilkinson Property, Buffalo Grove Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. FOODMASTERS PROPERTY Moved by Kahn, seconded by Hendricks, to Approve a Sanitary Sewer Easement Agreement - Foodmasters Property, Buffalo Grove Road. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. 9505 5/16/94 1994 NWMC PAVEMENT CRACK SEALING CONTRACT Moved by Kahn, seconded by Hendricks, to Authorize to Accept Joint Bid - 1994 NWMC Pavement Crack Sealing contract. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. BUFFALO GROVE PARK DISTRICT FEE WAIVER Moved by Kahn, seconded by Hendricks, to Approve Waiver of Fees - Pool Licenses for Buffalo Grove Park District Aquadome and Willow Stream Pools. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. PUBLIC WORKS VEHICLES - Authorize to Bid Moved by Kahn, seconded by Hendricks, to Authorize to Bid - 32,000 GVW and 50,000 GVW Vehicles for the Public Works Department. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. COVES OF BUFFALO GROVE Moved by Hendricks, seconded by Kahn, to remove this item from the table. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. Mr. Balling reported on the meeting between the developer and the Covington Homeowners Association to determine an equitable funding plan to share the detention basin of which a public drainage easement exists to provide detention for the proposed Cove subdivision. Marc Schwartz is present this evening representing the petitioner in an effort to secure the approval of the Village Board to this ordinance. At this time, there is not a written agreement between the association and the petitioner with regard to the detention basis. The proposal that the petitioner has suggested is that the cost sharing be proportionate to the number of units in the subdivision. Marc Schwartz stated that the requested tree survey was submitted to Mr. Rigsby. There is a May 12, 1994 memo from Mr. Rigsby setting forth certain criteria; the developer will comply with every item in Mr. Rigsby's report. The second request was a line-of-sight drawing concerning certain parkway trees; based upon the Village Forester's report, and the developer's compliance with that report, the trees that were in question are being removed, so there is no longer a line-of-sight issue. The third request was an attempt at resolving certain concerns relating to drainage; the developer would be willing to accept 3/25 of any cost attendant to the maintenance of that basin; they have not been able to reach an agreement with 9506 5/16/94 the Covington Homeowners Association; they are able to develop the site with on- site detention, but that was not the recommendation of the Plan Commission and the staff. Marc Schwartz then commented on items contained in a letter which he received from Elroy Sandquist, representative of the Covington Homeowners Association; they have agreed to provide concrete driveways, and will change the color of the development to align more closely with Covington; they will comply with both of these recommendations if required to do so by the Village; they believe that the density of property is appropriate; Edward Schwartz has stated that, if there are suggestions from the homeowners association, he would be happy to entertain them. The developer believes he has made every reasonable concession which can be made, and they ask adoption of the ordinance. In answer to a question from Trustee Rubin, Marc Schwartz stated that they are not required to contribute to the association in order to utilize the basin; there are easements and other legal documents in place which would allow drainage. Trustee Rubin stated that he has a problem with the plan because of the third building placed on the side seems tight. John Martin, JEN Land Design, referred to the site plan and pointed out the distances with regard to that building; he also referred to a landscape plan. In answer to a question from Trustee Hendricks, Mr. Martin pointed out how the detention could be located solely on their property. Trustee Braiman stated that he believes that it seems most logical to put the basin as the Plan Commission had recommended; he also is troubled by the location of the third building, and he is concerned about the size of the variation requested. Marc Schwartz stated that the Village has requested a PUD, and therefore, the variations are required; if they had requested straight R-9 zoning, the variation requests would not have to be made; these variation requests are being made in compliance with the request of the Village staff and Plan Commission to proceed along these lines in development and submit a Planned Unit Development. Several Trustees suggested removing the end unit from the building in question. Elroy Sandquist, representing the Covington Homeowners Association, stated that Edward Schwartz and Marc Schwartz have been very good about communicating; there is not an agreement at this time; some residents are concerned about liability with the additional drainage; he stated that density and the configuration of the three buildings on the property are the main issue; they do not believe this plan utilizes the property or the trees in a good manner; the other concerns have already been discussed, i.e. traffic, garbage, snow removal; they would request that the Village Board reject this plan. Marc Schwartz stated that they do not believe that a decision should be made on the fact that an association just does not like the plan. Trustee Rubin stated that he believes the only real issue is the density, and although he seldom votes against the Plan Commission, unless the developer is willing to go back to the Plan Commission and reconfigure the buildings or drop a unit, he cannot support the project. Trustee Kahn stated that in walking the site, he does not believe the development proposed is inconsistent with the surrounding area; he would not have a problem supporting the proposal. 9507 5/16/94 Trustee Marienthal stated that he believes a wall-like effect is being created; he believes the plan would be better looking if the buildings were placed on angles. Trustee Reid stated that he has no problem re-zoning the property for a product similar to the Covington product; he is bothered by the fact that the drainage is being dumped into the Covington area; he believes the product should be developed with drainage on-site; he believes that if a plan were to be developed `./ with drainage on-site, the Plan Commission should review such a plan. Trustee Rubin suggested sending this development to the Plan Commission in order to look at a two-building project with the drainage on site. Marc Schwartz stated that Edward Schwartz stated that dropping the western most unit, bringing the plan down to 17 units, would be feasible, but not preferable; he asked for a polling on whether or not the Board would approve the plan with that change; he also asked for a polling on whether the Board would entertain on- site or off-site drainage; they would like direction on those issues; two buildings is just not economically feasible. Mr. Martin stated that the Plan Commission put a lot of attention to the design of this piece of property; they presented three alternate plans, and this is the design picked by the Plan Commission; under the current R-9 development ordinance, 35 units would be allowed on this property; the proposed 18 units is approximately 10.5 dwelling units per acre on a net site, as compared to 11.8 dwelling units per acre on a net site for the Covington Manor. Plan Commissioner Howard commented on the deliberation which took place at the Plan Commission. Trustee Marienthal stated that by moving the detention off site, the buildings were able to be moved, so that it was not one row of buildings; it also allowed for additional parking on the property. Edward Schwartz stated that he does not think removing one unit will make that much difference, but he would be willing to do that; this product is more expensive that the Covington product; his product is buffering the Covington development from the bank and the fire station. President Mathias polled the Board: "YES" indicates favor of approving the plan as it is presented; "NO" indicates opposition: YES: Kahn, Hendricks NO: Marienthal, Reid, Rubin, Braiman President Mathias polled the Board regarding off-site or on-site detention: EITHER: Marienthal, Kahn, Rubin, Braiman, Hendricks OFF-SITE: None ON-SITE: Reid President Mathias polled the Board: "YES" supports a reduction in the footprint by removing the one end unit; "NO" indicates opposition: YES: Marienthal, Kahn, Braiman, Hendricks NO: Reid, Rubin Mr. Raysa stated that he has reviewed the written petitions filed, the first being 43 pages and filed with the Village Clerk's office on April 29, 1994, and the second being 19 pages, filed with the Village Clerk's office on May 10, 1994. 9508 5/16/94 President Mathias stated that it is his position that, if a majority of the Trustees would approve the plan by cutting one unit off, he would support that decision; if the majority did not approve that decision, he would not support that decision. Since it appears that four Trustees would approve that decision, whether or not the petitions are valid would not make a difference. The direction of the Board would be to refer this property back to the Plan Commission. Marc Schwartz stated that, if everything else is in order, and they agree with the terms of the Planned Unit Development ordinance, and if they agreed to the reduction as determined by the Board, they would ask that the matter be voted upon by the Board subject to that modification to the Planned Unit Development ordinance. President Mathias polled the Board: "YES" indicates favor of voting on the plan when the developer brings it back before the Board; "NO" indicates referring the plan back to the Plan Commission: YES: Marienthal, Braiman, Hendricks, President Mathias NO: Reid, Kahn, Rubin Marc Schwartz noted that, since the majority of the Board favored either off or on-site detention, they are asking that the off-site detention be approved as presented tonight, and they will bring a revised plan back to the Board at the earliest possible meeting. Mr. Martin commented on the changes which will be made to the plan. President Mathias stated that the same people will be notified the next time this item appears on the agenda. Marc Schwartz stated that all required material will be presented to the Board by the Thursday prior to the meeting at which they are placed on the agenda. Moved by Hendricks, seconded by Braiman, to defer this item until the next meeting that can be agreed upon by the Village and the developer. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. ROSE GLEN SUBDIVISION/KIRK CORPORATION, CHECKER ROAD Moved by Kahn, seconded by Braiman, to defer approval of a Planned Unit Development and Preliminary Plan for Phase 1 and Rezoning and Preliminary Plan for Phase 2 for the Rose Glen Subdivision/Kirk Corporation, Checker Road until a date to be agreed upon by the developer and the Village. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks �../ NAYS: 0 - None Motion declared carried. ORDINANCE #94-28 - Buffalo Grove Gymnastics Center Moved by Kahn, seconded by Reid, to pass Ordinance #94-28, amending a Special Use in the Industrial Zoning District - Buffalo Grove Gymnastics Center, 1362 Barclay Boulevard, details of which are contained in Mr. Pfeil's memo to Mr. Balling of May 12, 1994. 9509 5/16/94 Several Trustees asked questions of the owner regarding the parking spaces. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. ORDINANCE #94-29 - COURTESY CORPORATION Moved by Kahn, seconded by Rubin, to pass Ordinance #94-29, approving a Special Use for a Building Connector in the Industrial Zoning District - Courtesy Corporation, 800 Corporate Grove Drive. Gerald Sommers, Courtesy Corporation, explained their request, details of which are contained in Mr. Pfeil's memo to Mr. Balling of May 12, 1994. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. 1995 VILLAGEWIDE CONTRACTUAL STREET MAINTENANCE PROJECT At the request of staff, it was moved by Hendricks, seconded by Braiman, to table approval of an Agreement for Design Engineering Services for the 1995 Villagewide Contractual Street Maintenance Project. AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. Moved by Hendricks, seconded by Braiman, to table consideration for Improvement by Municipality under the Illinois Highway Code - Motor Fuel Tax Funds for 1995 Villagewide Street Maintenance Program. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. THE COVES OF BUFFALO GROVE Moved by Braiman, seconded by Kahn, to defer consideration of the Appearance Commission recommendation for The Coves of Buffalo Grove, Park View Terrace - Full Review: Elevations, Materials and Landscaping, until a meeting to be agreed upon by the Village and the developer. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. STREETLIGHT MAINTENANCE CONTRACT Moved by Hendricks, seconded by Kahn, to authorize bid for Streetlight Maintenance Contract. Mr. Balling reviewed the proposal, details of which are contained in Mr. Rigsby's memo to him of May 9, 1994. 9510 5/16/94 Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. FUNERAL HOME/TONY MAIORIELLO Mr. Balling reviewed the proposal for a funeral home on Buffalo Grove Road, details of this subject are outlined in Mr. Pfeil's memo to Mr. Balling of May 12, 1994. Mr. Maioriello, owner of Grove Memorial Chapel in Elk Grove Village, stated that he is proposing to buy the Firnbach property and develop it and annex it into the Village of Buffalo Grove and establish a funeral practice here in Buffalo Grove; he referred to elevations of the proposed property . In answer to a question from Trustee Rubin, Mr. Maioriello stated that an environmental study is being done on the property. Trustee Marienthal stated that he is concerned with the ingress/egress on to Buffalo Grove Road, which is a busy road, and the project is located close to a curve on the road. Mr. Maioriello explained how the driveways for the property would be situated, and explained how they would regulate traffic when conducting a funeral procession. Concern was expressed regarding the location of the retention area, as well as shared access with Deerfield Bakery; also of concern was the stopping of traffic on Buffalo Grove Road. Mr. Kuenkler stated that the second entrance near Deerfield Bakery was largely provided for emergency access. Kurt Schmidt, Deerfield Bakery, stated that he does have a concern with the large amount of traffic leaving at one time; other than that, he would like to see a larger setback, but does not have a problem with the proposal. Trustee Rubin stated that, since this is a B-5, there is a great deal of flexibility for requirements that can be set up. Moved by Kahn, seconded by Hendricks, to refer the proposed Funeral Home/Tony Maioriello, Buffalo Grove Road, to the Plan Commission for review. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYS: 0 - None Motion declared carried. COIN-OPERATED AMUSEMENT DEVICES President Mathias explained the reason for this discussion, details of which are \./ contained in Mr. Raysa's letter of Mr. Szymborski of May 9, 1994. Trustee Marienthal stated that he would like input from the Plan Commission and the Police Department. Trustee Rubin stated that he believes it was premature to prepare the ordinance without more input from the Board. Trustee Braiman believes there needs to be a change in the ordinance, but he does 9511 5/16/94 not think it has to be in this format; he does not think it needs to be limited to a B-5 Town Center and he does not think it needs to be limited to a square footage basis; he believes a more appropriate way to handle it would be on special use so that protective provisions could be inserted. Trustee Reid does not think it is appropriate to develop single-purpose ; legislation. v Trustee Kahn agrees with Trustees Braiman and Reid; if the availability of machines is limited based on square footage, it would keep from having a very dense, crowded, game-room type atmosphere; the special use would give the Village the opportunity to police the situation more effectively. President Mathias polled the Board: "YES" indicates favor of consideration of an ordinance which would put in provisions for special use throughout the Village; "NO" indicates opposition: YES: Kahn, Rubin, Braiman NO: Marienthal, Reid, Hendricks The consensus is to direct the Village Attorney to prepare an ordinance for Villagewide use, and that a special use be done for any applicant that wishes more than three licenses, with Public Hearing to be held by the Plan Commission. It was suggested that this be prepared similarly to the home child care situation. This is then being referred to the Plan Commission for discussion and Public Hearing. ADJOURNMENT Moved by Kahn, seconded by Reid, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:40 P.M. . 2Q� ,,,, „„J Ja �^ M. Sirabian, Village Clerk IA APPROVED BY ME THIS / DAY OF i ada00-1994.