1990-02-20 - Village Board Special Meeting - Minutes 7813
2/20/90
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL,
FEBRUARY 20, 1990
President Clayton called the meeting to order at 7:40 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President ROLL CALL
Clayton; Trustees Reid, Shifrin, Mathias and O'Malley.
Trustees Marienthal and Glover were absent.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; Lee Szymborski, Assistant
Village Manager; William Brimm, Finance Director; Richard
Kuenkler, Village Engineer; Robert Pfeil, Village Planner;
Police Chief McCann; Fire Chief Allenspach.
Moved by Reid, seconded by O'Malley, to approve the minutes APPROVAL OF MINUTE:
of the February 5, 1990 Regular Meeting. Upon roll call,
Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Mr. Brimm read Warrant #663. Moved by Reid, seconded by WARRANT #663
O'Malley, to approve Warrant #663 in the amount of
$656, 134.25, authorizing payment of bills listed. Upon roll
call, Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
President Clayton read Resolution #90-6, thanking Walter RESOLUTION #90-6
Roth, retiring Secretary of the Buffalo Grove Fire and (Walter Roth)
Police Commission.
Moved by Reid, seconded by Mathias, to pass Resolution
#90-6.Upon roll call, Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
President Clayton appointed the following people to serve on BUFFALO GROVE
the 1990 Buffalo Grove Days Committee: Joseph Tenerelli, DAYS COMMITTEE
Steve Ledger, Mitch Turoff, Sherry Hrisko, Carole Nelson,
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2/2/90
Rhonda Corchin, Adam Moodhe, Mike Garfield, Harry King,
Sandy Santabarbara, Harriet Lazor, Diana Hooghkirk, Sheryl
Greenstein, Sharon Mayer.
Moved by Reid, seconded by Mathias, to concur with President
Clayton's appointments. Upon voice vote, the motion was
unanimously declared carried.
President Clayton recognized the appointees who were in the
audience, and thanked them for their willingness to serve on
this committee.
Trustee Shifrin stated that, on behalf on the Board, he TRUSTEE
wanted to wish Trustee Marienthal a speedy recovery after MARIENTHAL
his accident, and suggested that a letter be sent on behalf
of the Board.
Trustee Mathias congratulated President Clayton on her NATIONAL LEAGUE
appointment as Chairman of the Transportation & OF CITIES
Communications Commission for the National League of Cities.
Trustee O'Malley stated that he had been approached by BUFFALO GROVE ROAD
residents on Buffalo Grove Road who believe that the speed
limit is too high.
Mr. Balling stated that there are also some residents who
feel the area is a speed trap, and believe the speed limit
should be higher.
Mr. Kuenkler stated that staff does have some further data
available, which will be brought to the Board's attention in
the near future.
Trustee O'Malley also inquired as to the lighting on Buffalo
Grove Road. Mr. Balling stated that there is no lighting
between Busch and Aptakisic Roads.
Trustee O'Malley stated that he has noticed a lot of real REAL ESTATE SIGNS
estate signs on the parkways.
Mr. Balling noted some statistics regarding citations, and
stated that the Village is enforcing the ordinance; many of
the real estate signs that are picked up are not from
Buffalo Grove real estate people.
Mr. Balling reported on the Fire Service Planning, details FIRE SERVICE
of which are contained in his memo to the Board of February REPORT
13, 1990. Mr. Balling and Chief Allenspach then answered
questions from the Board.
Mr. Balling stated that there is nothing to report with LIBRARY
regard to library services.
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2/20/90
Mr, Balling noted the submittal of the Management Report for MANAGEMENT REPORT
January, 1990; there were no questions on same.
Mr. Balling reviewed a request from Pace with regard to a PACE
waiver of fees for their commuter parking facility
development project.
A representative from Pace stated that they are asking for
relief of the fees because they view the project as a joint
project between the Village and Pace.
Trustee Reid stated that he appreciates the request, but
stated that these fees are direct costs to the Village, and
he does not feel that he could support a change in the
policy.
Mr. Balling recommended that the Board consider waiving the
water service connection, the construction water, the water
system improvement fee and the Village sewer tap-on fee,
which is consistent with what has been done in the past.
Moved by Reid, seconded by Mathias, to concur with Mr.
Ballings recommendation. Upon roll call, Trustees voted as
follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
PUBLIC HEARING - MORMON CHURCH ANNEXATION AGREEMENT
President Clayton called the Public Hearing to order at 8: 12 P.M. ; she
then read from the Notice of Public Hearing published in the Daily
Herald on February 5, 1990.
President Clayton noted the purpose of the Public Hearing.
President Clayton swore in the following people to give testimony:
James S. Gordon, Steven J. Marachese, Evert W. Lindberg, William D.
Johnston.
James S. Gordon, representing the church, made a presentation to the
Board, details of which are contained in Mr. Pfeil's memo to Mr.
Balling of February 15, 1990.
Mr. Lindberg then made a presentation to the Baord, referring to the
following exhibits; Exhibit 1 - Rendering of Exterior; Exhibit A -
Site Plan; Exhibit B - Detailed Site Plan (Architecture); Exhibit C -
Layout & Paving Plan; Exhibit D - Drainage; Exhibit E & F - Tree
Placement, Landscaping; Exhibit G - Blue Print of Interior; Exhibit H
- Elevations.
President Clayton asked if there were any agencies or groups who
wished to give testimony; there were none.
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2/20/90
Mr. Pfeil stated that proposed parking exceeds the Zoning Ordinance
requirements, with exception of the two events per year where the
church would have to use other parking, i.e. the Vernon Township
Facility.
Trustee Reid questioned Paragraph K. on Page 15, with regard to the
1/3-2/3 cost split on future improvements; Mr. Pfeil explained.
President Clayton asked if there were any comments from the public;
there were none.
Mr. Raysa stated that tonight's Public Hearing is to review the
Annexation Agreement entitled: Mormon Church/Fiore Triangle, Port
Clinton Road/Prairie Road Annexation Agreement, draft dated 2/14/90;
also presented at the Public Hearing is Mr. Pfeil's memo Dated
February 15, 1990.
The ordinances are not being presented tonight, as revised plans will
be presented. Mr. Raysa then noted several changes to the Agreement.
There was discussion with regard to the completion of improvements on
Port Clinton Road.
President Clayton polled the Board: "YES" indicates favor of
Paragraph 29. , A. as written; "NO" indicates opposition, with
consideration being given to the wording as suggested by Mr. Gordon:
YES: Reid, Shifrin, Mathias, O'Malley
NO: None
ABSENT: Marienthal, Glover
Mr. Gordon explained that some of the requirements made by the Village
put the entire project over budget; there is no money in the budget,
and they need to defer something; there will only be activity at the
church on Sunday, not during the week; they would like to tie the road
improvements to the opening of the church, perhaps within 90 days of
opening; they would like to be able to talk to staff and Mr. Raysa to
figure out a solution.
Trustee Mathias stated that he believes the request is reasonable, but
safety cannot be compromised.
Trustee Reid is interested in having Mr. Gordon pursue a solution with
staff and Mr. Raysa, particularly in light of the fact that this would
tie the road improvements specifically to the construction of the
church and separate the question from whatever happens with Parcel B.
Bill Johnston, representing the church, noted the following points for
the Board: there are approximately 170 people in attendance on
Sunday, with under 100 cars; the week-day activities are very small
groups; they have budget constraints with Salt Lake City; they are
agreeable to shortening the time, but not linked to completion of the
church, since Salt Lake would then look at it as a part of the cost of
building the church, which would put them even more over budget.
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2/20/90
President Clayton stated that she understood, but that the Village
must have assurances that the road improvements will be completed
within 90 days after the church opens, and stated that she hopes the
attorneys can come up with a solution.
President Clayton asked if there were any objections from the Board to
the two attorneys working out some suitable language regarding the
road improvements; there were no objections.
Mr. Gordon stated that setting a time specific is not a problem; the
problem arises when the time is linked to the completion of the
building.
Trustee Reid stated that he has a problem with Paragraph K, finding
the cost of "1/3 of the cost of future improvements" to be somewhat
vague; he would rather see if something could be worked out so that
the developer of Parcel B would insure the cost of those improvements
with the recapture agreement or whatever might be worked out; if there
are other participants, it is assumed that the other two parcels will
come on board and bear their share; rather than make that assumption,
he would want to see the developer of Parcel B bear the responsibility
of that, with the option to recapture a portion of his costs from the
other parcels if and when they come on board, and if they do not, that
the Village not be stuck either without the improvements or for the
other 2/3 of the cost.
President Clayton stated that Trustee Reid's concerns are legitimate.
Mr. Balling stated that the Village would use its best efforts to
assure shared participation.
With regard to changing the name, Mr. Johnson stated that he does not
have the authority to change the name, but he will make that request
of Salt Lake City. The Board does not want to see the name of another
community in the church name.
President Clayton continued the Public Hearing to March 5, 1990, at
which time the ordinances to annex subject property will be
considered.
President Clayton explained the Consent Agenda, stating that CONSENT AGENDA
any members of the audience or the Board could request that
an item be removed for full discussion.
It was requested that Items XI. , A. and G. be deferred.
Moved by Reid, seconded by Shifrin, to pass Ordinance ORDINANCE #90-10
##90-10, Amending Section 5.28.230 of the Code as it pertains (Public Passenger
to Public Passenger Vehicles and Allowing for Business Vehicle License)
License Reciprocity. Upon roll call, Trustees voted as
follows:
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2/20/90
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Reid, seconded by Shifrin, to approve the Plat of CHERBOURG
Resubdivision - Cherbourg Townhomes Unit 2, No. 40. Upon (Plat of
roll call, Trustees voted as follows: Resubdivision)
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Reid, seconded by Shifrin, to approve the ARBOR CREEK
Certificate of Final Acceptance and Approval - Arbor Creek BUSINESS CENTER
Business Center, Lots 25 and 26. Upon roll call, Trustees (Final Acceptance)
voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Reid, seconded by Shifrin, to approve the OLD FARM VILLAGE
Certificate of Final Acceptance and Approval - Old Farm (Final Acceptance)
Village Units 5 and 6. Upon roll call, Trustees voted as
follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Reid, seconded by Shifrin, to approve the Award of ELECTRONIC MESSAGE
Bid - Electronic Message Center. Upon roll call, Trustees CENTER
voted as follows: (Award of Bid)
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Reid, seconded by Shifrin, to accept the Appearance KONAMI
Commission Approval: Konami, 900 Deerfield Parkway - Ground ( Aesthetics)
Sign Face Change. Upon roll call, Trustees voted as
follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
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Moved by Reid, seconded by Shifrin, to accept the Appearance VERNON TOWNSHIP
Commission Approval: Vernon Township Facilities - Southeast FACILITIES
Softball Field Lighting. Upon roll call, Trustees voted as (Aesthetics)
follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience; there were none. THE AUDIENCE
Marc Schwartz, representing the developer, made a TOWN CENTER
presentation to the Board, details of which are contained in
Mr. Balling's memo to the Board of February 16, 1990, and
Mr. Pfeil's memo to Mr. Balling of February 16, 1990.
Tom Maskie of Melvin Simon Associates made a brief
presentation, and then introduced Mike Connor, who made a
presentation on Regas Grill.
Discussion took place regarding the restaurant sites.
President Clayton polled the Board: "YES" indicates favor
of consideration to increase the size of Pad #2 to
approximately 4,500 square feet, depending on the user that
would be brought forth; "NO" indicates opposition:
YES: Reid, Shifrin, Mathias, O'Malley
NO: None
ABSENT: Marienthal, Glover
Mr. Schwartz then reviewed the proposal for Outlot #3, the
ultimate end user for same being International House of
Pancakes; he introduced Bill Talbott of Melvin Simon to
present the plan of International House of Pancakes.
Discussion took place with regard to the IHOP proposal.
Mr. Schwartz introduced Eugene Korbel, architect for
McDonald's, who made a presentation with regard to the
proposed McDonald's for the site.
Mr. Schwartz then introduced Ira Rosenberg of Michael Reese
Health Care Facility, proposed for Outlot #5; Mr. Rosenberg
made a presentation to the Board regarding the Michael Reese
facility.
Mr. Schwartz reviewed the request of the developer tonight.
Mr. Balling read comments given to him by Trustee
Marienthal.
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2/20/90
Moved by Shifrin, seconded by Reid, with respect to Phase
#1, Outbuilding #1 of the Town Center, to accept
modification of the existing proposed plan from the original
12,000 square feet to approximately 7,442 square feet to
accommodate the Regas Restaurant.
Mr. Maskie explained why the developer cannot have the Regas
Restaurant on Pad #2.
After discussion, Trustees noted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Shifrin, seconded by Reid, to refer Outbuilding #3
in Phase 1 (IHOP) to the Plan Commission for further
consideration. Upon roll call, Trustees voted as follows:
AYES: 3 - Reid, Shifrin, President Clayton
NAYES: 2 - Mathias, O'Malley
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Shifrin, seconded by Reid, to refer Outbuilding #2,
Phase #2 (McDonald's) to the Plan Commission for further
consideration. Upon roll call, Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Shifrin, seconded by Reid, to refer Outbuilding #3
in the Office Phase to the Plan Commission for further
review. Upon roll call, Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Larry Freedman, representing the developer, made a
presentation to the board, details of which are contained in
Mr. Pfeil's memo to Mr. Balling of February 15, 1990.
President Clayton polled the Board: "YES" indicates favor
of public ownership of the detention area or having it be on
the two lots, privately owned.
PRIVATE: Reid
PUBLIC: Shifrin, Mathias, O'Malley
ABSENT: Marienthal, Glover
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Mr. Freedman stated that he will represent that the ORDINANCE #90-11
developer will replace Exhibit A with a new one which shows (Lincoln Woods)
the outlot.
Moved by Mathias, seconded by O'Malley, to pass Ordinance
#90-11, approving a Preliminary Plan and Amending the Zoning
Ordinance to rezone the Lincoln Woods Property from the R-9
Multiple-Family Dwelling District to the R-5A One-Family
District, with an additional paragraph as described by the
Village Attorney, and with an exchange of Exhibit A, to
reflect the public ownership of the detention area. Upon
roll call, Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Mr. Balling explained the proposed resolution, details of RESOLUTION #90-5
which are contained in Doug Edmonds letter to Mr. Balling of (NWCD)
February 13, 1990.
Moved by Reid, seconded by O'Malley, to pass Resolution
#90-5, authorizing the entry into an Amended Agreement for
Northwest Central Dispatch System. Upon roll call, Trustees
voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
John Staub made apresentation to the Board, details of
WEILAND ROAD
which are contained in Mr.Pfeil's memo to Mr. Balling of INDUSTRIAL PARK
February 15, 1990.
In answer to a question from President Clayton, Mr. Staub
stated that they are definitely looking to continue the
quality of development as in the Corporate Grove.
Mr. Pfeil explained the bike path at the request of Trustee
Shifrin.
Trustee Shifrin stated that the Plan Commission should be
aware that all precautions must be taken that this can in no
way adversely
affectthe
t e creek.
Trustee Reid stated that, with regard to the east side of
the property, he wants to make sure that those properties
are not land-locked.
Trustee Shifrin stated that he has a problem with retention
ponds along Weiland Road; he would suggest that the Plan
Commission look at possible re-locating the retention pond.
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Mr. Staub had no objection to Trustee Shifrin's request.
President Clayton polled the Board: "YES" indicates favor
of the petitioner pursuing application; "NO" indicates
opposition:
YES: Reid, Shifrin, Mathias, O'Malley
NO: None
ABSENT: Marienthal, Glover
Moved by Reid, seconded by Mathias, to move to discuss Land EXECUTIVE MEETING
Acquisition and Possible or Imminent Litigation. Upon roll
call, Trustees voted as follows:
AYES: 4 - Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 2 - Marienthal, Glover
Motion declared carried.
Moved by Mathias, seconded by Reid, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 10:34 P.M.
Janet Sirabian, Village Clerk
APPROVED BY ME THIS 5+A)_/
DAY OF r 1t , 1990.
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Villag President