1988-04-04 - Village Board Regular Meeting - Minutes 7346
4/4/88
MINUTES OF A REGULAR MEETING OF GHE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, APRIL 4, 1988
President Clayton called the meeting to order at 7:34 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 Marienthal, Glover, Reid, Shields,
Shifrin. Trustee Kowalski 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;
and Brian Rubin, Village Treasurer.
Moved by Glover, seconded by Marienthal, to approve the APPROVAL OF MINUTES
minutes of the March 21, 1988 Regular Meeting. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin
NAYES: 0 - None
ABSENT: 1 - Kowalski
Motion declared carried.
Mr. Rubin read Warrant #618. Moved by Glover, seconded by WARRANT #618
Reid, to approve Warrant #618 in the amount of $716, 165.83,
authorizing payment of bills listed. Trustee Marienthal
asked a question regarding the Warrant, which was answered
by staff. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Shields, Shifrin
NAYES: 0 - None
Absent: 1 - Kowalski
Motion declared carried.
President Clayton appointed Trustee Reid as the Trustee TRUSTEE LIAISONS
Liaison to the Cable TV Committee, and appointed Trustee
Shields as the Trustee Liaison to the Community Blood Donor
Commission.
President Clayton appointed Susan Schoenberg to the COMMUNITY BLOOD
Community Blood Donor Commission for a term to expire April DONOR COMMISSION
30, 1989. Moved by Marienthal, seconded by Reid, to concur
with President Clayton's appointment. Upon voice vote, the
motion was unanimously declared carried.
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President Clayton stated that she would like to move Item AMERICAN SPEEDY
XII. A, on the agenda to an earlier spot in the evening; PRINTING CENTER
there was no objection to that request.
Mr. Balling reported on the year-end equipment upgrades and EQUIPMENT UPGRADES
enhancements, details of which are contained in his memo to
the Board of March 16, 1988.
Moved by Glover, seconded by Reid to put the items outlined
in Mr. Balling's memo to the Board of March 16, 1988 into
the purchasing plan for this fiscal year.
Staff then answered several questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
ABSENT: 1 - Kowlaski
Motion declared carried.
Mr. Balling requested that the Board consider an ordinance REAL PROPERTY
concerning real property at the end of the agenda; there ORDINANCE
were no objections.
President Clayton gave a brief background on the A.M.V.E.T.SPOLICE OFFICER OF
Police Officer of the Year Award; she then introduced THE YEAR AWARD
Commander Tom Fitzgerald of Post 255 to make the
presentation.
Commander Fitzgerald reviewed the process of choosing the
recipient of this award.
Commander Fitzgerald presented a background on Officer
Anthony Gallagher, recipient of the Special Commendation
Award; he presented the Award to Officer Gallagher, who was
congratulated by the audience.
Commander Fitzgerald presented a background on Officer
Edward Wagner, recipient of the Police Officer of the Year
Award; he presented the Award to Corporal Wagner, who was
given a standing ovation by the audience.
President Clayton thanked the A.M.V.E.T.S. for their
presentations.
Trustee Kowalski arrived at this time.
President Clayton asked if there were any questions from the QUESTIONS FROM THE
audience; there were none. AUDIENCE
President Clayton explained the Consent Agenda, stating that
any member of the audience or the Board could request that an
item be removed for full discussion. It was requested that
Item XI. D. be removed.
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Moved by Marienthal, seconded by Glover to pass Ordinance ORDINANCE #88-42
#88-42 renaming Ironwood Road to Brandywyn Lane. Upon roll Renaming Ironwood
call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #88-15
#88-15, providing for the retirement of certain municipal Retirement of
indebtedness by use of Motor Fuel Tax funds. Upon roll Indebtedness
call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
President Clayton proclaimed April as Child Abuse Prevention PROCLAMATION
Month in the Village of Buffalo Grove. Moved by Marienthal,
seconded by Glover, to concur with President Clayton's pro-
clamation. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover, to approve the CERTIFICATE OF
Certificate of Final Acceptance and Approval of Creekside ACCEPTANCE
Commons, Busch and Weiland Roads. The Village Engineer Creekside Commons
recommends approval. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover, to approve the SIDEWALK REMOVAL &
authorization to bid the 1988 Sidewalk Removal and REPLACEMENT
Replacement Program. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowlaski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover, to approve the CHEVY CHASE BUSINESS
Chevy Chase Business Park-West landscaping. The Appearance PARK
Commission recommends approval of this aesthetic element. (aesthetics)
Upon roll call, Trustees voted as follows:
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AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover, to approve the COLDWELL-BANKER
Coldwell Banker-For Lease sign at 160 Lexington Drive (Commerce Center
(Commerce Center) . aesthetics)
The Appearance Commission recommends approval of this
aesthetic element. Upon roll call Trustees voted as
follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover to approve the COLDWELL-BANKER
Coldwell Banker For Lease sign at Ranch Mart, (The Plaza at (Ranch Mart-
Buffalo Grove) . The Appearance Commission recommends aesthetics)
approval of this aesthetic element. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover to approve the FIORE
Woodlands at Fiore-Zale, additional color scheme. The (aesthetics)
Appearance Commission recommends approval of this aesthetic
element. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski
Shifrin
NAYES: 0 - None
Motion declared carried.
Mr. Balling reviewed the proposed resolution, details of RESOLUTION #88-16
which are contained in Mr. Brimm's memo to Mr. Balling of (FY 1988-89 Budget)
March 22, 1988.
Moved by Marienthal, seconded by Reid, to pass Resolution
#88-16, adopting the Fiscal Year 1988-89 Program Budget for
the Village of Buffalo Grove. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski
Shifrin
NAYES: 0 - None
Motion declared carried.
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Mr. Balling reviewed the proposed ordinance, details of ORDINANCE #88-43
which are contained in Mr. Brimm's memo to Mr. Balling of (Water & sewer
March 22, 1988. rates & fees)
Moved by Glover, seconded by Reid, to pass Ordinance #88-43
amending Title 13 of the Buffalo Grove Municipal Code as it
pertains to water and sewer rates and fees. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Mr. Balling and Mr. Brimm reported on the bid opening for ORDINANCE #88-44
the Series 1988 Corporate Purpose Bonds, details of which (Series 1988
are contained in Mr. Brimm's memo to Mr. Balling of March Corporate Purpose
31, 1988. Bonds)
Mr. Richard Pavia, President of Speer Financial, Inc. ,
addressed the Board on the details of the actual bid opening
held today.
Moved by Glover, seconded by Reid, to pass Ordinance #88-44
providing for the issuance of $2,000,000 of General
Obligation Corporate Purpose Bonds, Series 1988, and
providing for the levy of a Direct Annual Tax for the
payment of principal of and interest on those Bonds.
Mr. Brimm then noted the figures to be filled in in the
blanks throughout the proposed ordinance.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Chief McCann reviewed the reasons for the proposed ORDINANCE #88-45
ordinance, details of which are contained in his memo to Mr. (Strathmore Court
Balling of March 25, 1988 Parking)
Moved by Glover, seconded by Marienthal, to pass Ordinance
#88-45, amending Title 10 of the Code to designate "No
Parking" on Strathmore Court between the hours of 9:00 A.M.
and 10:00 A.M. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Shields, Kowalski, Shifrin
NAYES: 0 - None
ABSTAIN: 1 - Reid
Motion declared carried.
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Mr. Balling reviewed the subject sign, details of which are AMERICAN SPEEDY
contained in Mr. Hruby's memo to Mr. Balling of PRINTING CENTER
March 30, 1988. (Wall Sign)
Moved by Shifrin, seconded by Reid, to approve the
Appearance Commission recommendation to approve the American
Speedy Printing Center wall sign at 1228 W. Dundee Road.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski
Shifrin
NAYES: 0 - None
Motion declared carried.
President Clayton introduced the next item on the agenda, THE CROSSINGS CENTER
the Crossings Center; she stated that this meeting is not a
public hearing, but that it is the Boards' desire to hear
from the public on occasions such as this; she noted all of
the written material which has been reviewed by each Board
member. President Clayton stated that the developer will
be given no more than 20 minutes to speak, after which there
will be Board comments; there will then be no more than 90
minutes of public comment, with each person limiting their
time to no more than 10 minutes, after which there will be
no more than 5 minutes each for rebuttal. Following all
developer and public comment, the Board will discuss and
take action. This meeting is recorded in full on audio
tape, which will be kept indefinitely in the Village Clerk's
office.
James Otis, owner of the property, made a brief presentation
to the Board; he first reviewed what has been done since
their last appearance before the Board, details of which are
contained in Mr. Pfeil's memo to Mr. Balling of
March 30, 1988.
Suzanne Shepard-Whealy, Marketing Director, Otis Company,
gave a slide presentation, showing the marketing philosophy
and reviewing the basic concepts of the center.
President Clayton asked if there were any Board questions or
comments; there were none.
John Wakeman, 1500 Anderson Lane, read a statement which had
been signed by many residents in favor of the plan; this
statement is on file in the Clerk's office.
David Mattis, 1463 Chase Court, spoke against the proposed
center citing growth for growth's sake, increased traffic
without sufficient traffic controls, taxes, specialty
shopping needs in the area being met, quality of life, and
child safety.
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Jack Gedney, 960 Burgess Circle, spoke against the proposed
center, noting the decreased marketability of the homes if
they overlook a parking lot or supermarket.
Ray Charlette, 962 Burgess Circle, spoke against the
proposed center, stating that the grocery store was
originally voted down, but is now back in the plan.
Monte Belger, 1044 Providence, spoke against the proposed
center, citing increased traffic, decreased property value,
and the fact that another commercial center is not
necessary; should the plan be approved, he asked the Board
to address three issues:
1. What type of controls the Board would have
2. What the Board proposes to do with Fremont Way
3. What type of road improvements the Board envisions
to allow this intersection to accomodate the
increased traffic.
Dean Graham, 1237 Franklin Lane, spoke against the proposed
center, citing property values, land use, and traffic.
Elliott Hartstein, 908 Providence, distributed a packet of
information to the President and Trustees. Mr. Hartstein
spoke at length in opposition to the proposed plan, giving
his opinion as to why the Board has a sound legal basis to
reject the proposal by Otis.
Carol Stops, 1002 Fremont Way spoke against the proposed
plan citing the traffic on Fremont Way and the fact that a
children's park is not necessary.
Millie Sundberg stated that she and her husband moved into
the area because it was residential, and they would like to
see it residentially built out.
Gerry Goodman, 964 Cooper Court, spoke in opposition of the
proposed development because he is concerned about the
environment, stating that the children's park will cause a
problem with loitering, drinking, bike traffic, vandalism,
theft, no parking for the park, molesters, increased traffic
and litter.
A resident of 1023 Providence Lane stated that the Board has
a chance to make a statement tonight for the people of
Buffalo Grove instead of for business.
A resident of 1075 Shambliss stated that this is the only
area in Buffalo Grove that is being asked to share it's
residential access with a shopping center.
Hannah Sovin, Fairfax Lane, stated that the increased
traffic will be a hazard to the children in the area, since
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the residents are aware of the children and are more careful
when driving through the area; she also stated that there
are currently children loitering around the park area.
Susan Persin, 1201 Bristol, stated that her son was hit by a
car on Arlington Heights Road, and this development will
just increase the traffic hazards for children.
Paul Riback, Chase Court, asked the Board to consider what
is going to be on the acreage north of the proposed
development.
Ron Christofano, 1313 Fairfax, noted that the children in
the area must walk in the streets, and although the
residents are aware of this and are cautious, shoppers
coming to the center would not be aware of this.
Jeff Gilman, 895 Newport, noted that the Board has rejected
car dealerships on Dundee Road because the residents
objected, and the Crossings residents are asking for the
same consideration given those residents.
Clarise Rech, 1233 Franklin, stated that there is no need
for another shopping center, the developer would have
difficulty in pleading hardship because of the time lapse,
800+ residents have remained very committed to this cause,
and asked the Trustees to do the right thing in representing
the citizens of Buffalo Grove.
Sandy Victor, 1009 Providence, asked if this is the highest
and best use of the property for Mr. Otis or for the
residents of Buffalo Grove.
Denny Sosinski, 949 Bedford Court, asked how the Board could
possibly approve the proposed development with such a
tremendous opposition from the residents; he also commented
on the safety of the area.
Mr. Otis asked that the Board consider his company's rights
as property owners in seeking the highest and best use of
this property; he quoted the report stating that this
project will improve the quality of life in the area, and
will have little or no negative effect on the market value
of the residential properties in the area; he stated that
they made an attempt to develop this as R-1, but the
response from developers was that R-1 was not a reasonable
use for this property; he then pointed out the steps they
are willing to take to enhance the traffic safety; he
stated that they will be willing to pay for the installation
of a traffic light, should it be warranted.
Elliott Hartstein commented on the R-1 zoning; he also noted
that, should the Board decide to approve this plan,
additional screening should be around the entire perimeter
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of the property abutting the residential area; he believes
there should be no supermarket allowed at all; he believes
that there should be a provision that limits any and all
parking on any of the residential streets; he noted that
there should be no access at all off of Fremont Way.
Mr. Hartstein also commented on several instances where the
Board has been responsive to residents opposing
developments, and he asked that the Board continue to be
responsive to the sustained support and opposition from such
a large number of residents.
Dean Graham stated that the report states that multi-family
use would not detract from the surrounding property values.
Several other residents again stated their opposition to the
development.
Hank Watson commented that this hasn't changed at all from
the plans there when he moved here in 1975.
Mr. Balling reviewed the revisions made to the P.U.D. dated
4-4-88.
In answer to a question from President Clayton, Mr. Balling
stated that there are no zoning variations on the site.
Mr. Balling reviewed the section on page 11, paragraph H. ,
addressing the issue of Fremont Way. In answer to a
question from President Clayton he also stated that the
possibility exists that Fremont Way could be realigned to
meet with Alden Lane.
Mr. Otis explained the Parking area in answer to a question
from Trustee Shields.
In answer to a question from Trustee Glover, Mr. Otis stated
that he would not object to limiting the food store to
15,000 square feet.
Mrs. Shepard-Whealy will supply written information showing
that property values surrounding similar shopping centers
stayed the same or increased; this request was made by
Trustee Marienthal.
Trustee Marienthal proposed that, if the Board considers
this proposal, one or two stores along the western boundary
be deleted to open up a vista between the center and the
property behind the center; Mr. Otis stated that could be
done.
Trustee Marienthal commented on the intersection of Route 83
and Arlington Heights Road, noting that the Board does not
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want to do anything that has a negative safety impact on
this or any other neighboring community.
In answer to a question from Trustee Reid, Mr. Otis stated
that the date of the appraisal is December, 1987.
Trustee Reid referred to Section 19. , paragraph E. regarding
hours of operation, Mr. Vusinic stated that there could be
small deliveries made to the front of the center earlier
than 7:00 A.M. ; Mr. Otis stated that, with the exception of
bakery goods, they would agree that there be no deliveries
anywhere in the center other than between 7:00 A.M. . and
10:00 P.M.
In answer to a question from Trustee Shifrin, Mr. Pfeil and
Mr. Goldspiel responded as to discussions relating to
Fremont Way and Arlington Heights Road traffic.
Mr. Balling reviewed the P.U.D. ordinance page-by-page.
President Clayton polled the Board: "YES" indicated favor
of adding a provision for grading and seeding undeveloped
phases of the property in the event of termination of
staging in paragraph 12; "NO" indicated opposition:
YES: Marienthal, Glover, Reid, Shields, Kowalski, Shifrin
NO: None
President Clayton polled the Board: "YES" indicated favor
of including additional language in the P.U.D. ordinance
with regard to buffering; "NO" indicates opposition:
YES: Marienthal, Glover, Reid, Kowalski, Shifrin
NO: Shields
President Clayton polled the Board: "YES" indicated favor
of changing the 6:00 A.M. opening for businesses to 7:00 A.M
in section 19., paragraph E. ; "NO" indicated opposition:
YES: Marienthal
NO: Glover, Reid, Shields, Kowalski, Shifrin
Trustee Glover stated that he would like more definite
language to distinguish between a mini-supermarket and a
\../ specialty food store.
Mr. Otis stated that the proposed uses are gourmet specialty
shops.
After lengthy discussion, Mr. Raysa stated that language
could be added limiting any food use to 10,000 square feet,
with one exception not to exceed 15,000 square feet.
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After some discussion regarding street parking, Mr. Otis
stated that he would be willing to add a stipulation to the
covenant with regard to employees parking in the streets.
President Clayton polled the Board: "YES" indicates favor
of adding employee parking to the restrictive covenants in
paragraph 19., D; "NO" indicated opposition:
YES: Marienthal, Glover, Reid, Shields, Kowalski, Shifrin
NO: None
Trustee Marienthal stated that he would like Otis and the
White Hen to work on improvement of the traffic pattern.
Trustee Kowalski stated that, although she would prefer not
to see a shopping center on this site, she recognizes that
Mr. Otis has property rights also and she believes that the
contract entered into in 1972 is valid, and she thanked Mr.
Otis for his professionalism throughout these proceedings.
Trustee Shifrin stated that he has been responsive to the
concerns of the residents, and that, in the event this
project does go through, this Board will do everything in
its power to see that what has been promised is delivered;
he also thanked the spokespersons who have worked so
diligently on this center.
Trustee Marienthal again asked if Mr. Otis would be
agreeable to removing one of the buildings; Mr. Otis replied
affirmatively.
In answer to a question from Trustee Marienthal, Mr. Otis
commented on the steps being taken to insure that there will
not be a negative effect on the residents of Buffalo Grove.
President Clayton polled the Board: "YES" indicates favor
of the elimination of one of the buildings, i.e. the
building which had been designed as the management office;
"NO" indicated opposition.
YES: Marienthal, Glover, Reid, Shields, Kowalski, Shifrin
NO: None
Mr. Raysa suggested the following language regarding the
food store: "No single grocery store or other individual
food use on the property shall exceed a floor area of 10,000
square feet, except one specialty food use shall be allowed
of 15,000 square feet if prior approval of the Corporate
Authorities is received." This language shall be inserted
in paragraph 19. , F.
Mr. Otis agreed with Mr. Raysa's suggestion.
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Moved by Reid, seconded by Glover, to pass Ordinance "88-46,
approving a P.U.D. , rezoning to the B-3 District and a
Preliminary Plan - The Crossings Center, subject to the
changes of record this evening, and final drafting by the
Village Attorney and the change in plan as indicated
(elimination of a building) .
Trustee Glover commented on this parcel, stating that he is
most comfortable with the Village having control over this
land.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Kowalski, Shifrin,
President Clayton
NAYES: 2 - Reid, Shields
Motion declared carried.
In response to a question from Clarice Rech, Mr. Raysa
responded regarding the possible vacation of Fremont Way.
Mr. John Green made a presentation to the Board regarding GOLF COURSE EAST
the Golf Course East - Scarsdale Condominium and Townhouse PROPERTY
Development, details of which are contained in Mr. Pfeil's
memo to Mr. Balling of March 30, 1988.
Trustee Shifrin suggested that, because of the proximity to
the Town Center, an attempt to coordinate aesthetics be
made; he also suggested that there be more guest parking.
Trustee Glover is concerned with building height adjacent to
the Golf Course, and would like to see further setback or a
lower profile; he considers the original approved plan
superior to this one because of the underground parking.
Trustee Kowalski asked several questions which were answered
by Mr. Green and Mr. Morelli.
Trustee Marienthal would prefer to have the north
condominium building removed and replaced with townhomes.
Moved by Reid, seconded by Shields to refer the Glen
Eagle/Golf Course East to the Plan Commission, along with
the comments and concerns expressed this evening. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal*, Reid, Shields, Kowalski, Shifrin
NAYES: 1 - Glover
Motion declared carried.
*With the removal of building 5.
Mr. Raysa commented on the Wheeling Township Rural Fire RESOLUTION #88-17
Protection District Contract Service Agreement. Mr. Raysa
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recommends that the Village Board do the contract now,
RESOLUTION #88-17
rather than wait until May 1, 1988. Wheeling Township
Rural Fire
Moved by Reid, seconded by Shifrin, to pass Resolution Rrotection District
#88-17 authorizing the execution of a Contract with the Contract Service
Wheeling Rural Fire Protection District. Upon roll call, Agreement
Trustees voted as follows:
AYES: 6 - Marienthal, Glover,Shields, Reid, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to pass Ordinance #88-47, ORDINANCE #88-47
authorizing the Village to acquire the right-of-way on the Right-of-way-
Didier property. Upon roll call, Trustees voted as follows: Didier Property
AYES: 6 - Marienthal, Glover, Shields, Reid, Kowalski,
Shifrin
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Reid, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 12: 16 A.M.
] �Janet--M. Sirabian, Village Clerk
APPROVED BY ME THIS �t, DAY
r.
OF , 1988
Village President