1986-12-01 - Village Board Regular Meeting - Minutes 7013
12/1/86
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, DECEMBER 1, 1986
The Village Clerk called the meeting to order at 7:35 P.M. ; those CALL TO
present stood and pledged allegiance to the Flag. ORDER
Roll call indicated the following present: Trustees Marienthal, ROLL CALL
O'Reilly, Glover, and Reid. President Clayton and Trustee Shields
were absent; Trustee Kowalski arrived at 8:05 P.M.
Also present were: William Balling, Village Manager; William Raysa,
Village Attorney; William Brimm, Finance Director; James Truesdell,
Village Planner; Richard Kuenkler, Village Engineer; Police Chief
McCann; Carmen Molinaro, Director of Golf Operations; and Paul
Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Glover, to appoint Trustee Marienthal TEMPORARY
Temporary Chairman of tonight's meeting. Upon voice vote, the motion CHAIRMAN
was unanimously declared carried.
Moved by O'Reilly, seconded by Glover, to approve the minutes of APPROVAL OF
the November 17, 1986 Regular Meeting. MINUTES
Mr. Raysa noted page 7009, and stated that he would like the minutes
to go into more depth with regard to the minutes of the Public Hearings.
Moved by Reid, seconded by Glover, to table. Upon roll call, Trustees
voted as follows:
AYES: 4 - Marienthal, O'Reilly, Glover, Reid
NAYES: 0 - None
ABSENT: 2 - Shields, Kowalski
Motion declared carried.
Mr. Kochendorfer read Warrant #587. Moved by O'Reilly, seconded WARRANT #587
by Glover, to approve Warrant #587 in the amount of $1,082,954.65,
authorizing payment of bills listed. Upon roll call, Trustees voted
as follows:
AYES: 4 - Marienthal, O'Reilly, Glover, Reid
NAYES: 0 - None
ABSENT: 2 - Shields, Kowalski
Motion declared carried.
Temporary Chairman Marienthal read a Certificate of Commendation CERTIFICATE
of Commendation for the 1986 Buffalo Grove High School Bison Football OF COMMENDA-
team in recognition of their winning the 1986 6A State Championship. TION
A Commendation will be presented to Grant Blaney, Coach of the team,
and Dr. Marvin Christiansen, Principal of Buffalo Grove High School. j
Mr. Balling reviewed Mr. Rigsby's memo to him of November 25, 1986 FUEL MANAGE-
with regard to the Fuel Management System. Discussion was then held MENT SYSTEM
on the advantages and disadvantages of the fuel management system using
cards rather than keys.
7014
12/1/86
Temporary Chairman Marienthal polled the Board: "Yes" indicates
favor of accepting the report submitted and concurring with the
recommendation that the proposed fuel management system be included
in the Central Garage Budget; "No" indicates opposition.
YES: Marienthal, O'Reilly, Glover, Reid
NO: None
ABSENT: Shields, Kowalski
Mr. Balling reported on the package which he verbally presented to COPY
the Board previously, wherein a new copy machine would be obtained MACHINES
for the Police Department, and a small copy machine for the Finance
Department, and a typewriter would be a part of the package; he stated
that, when he contacted Xerox, he was told that the typewriter pro-
motion is no longer available; however, he still believes that the
purchase of the two copy machines would be a good move for the Village.
Trustee Reid stated that it still seems to be a prudent move, and would
recommend that the Village proceed with the purchase. Trustee Glover
concurred.
Mr. Dennis Depcik, Associate Director of Omni Youth Services, pre- OMNI YOUTH
sented a summary of the services that they provide to Buffalo Grove. SERVICES
Mr. Depcik introduced Jay Meyer, Program Director, who further
summarized their services, and distributed a hand-out detailing their
programs.
Chief McCann commented on how pleased he is with the Omni programs.
Temporary Chairman Marienthal thanked Mr. Meyer and Mr. Depcik for
their report, as well as for the excellent job that Omni is doing.
PUBLIC HEARING - KLEFSTAD PROPERTY
Temporary Chairman Marienthal reopened the Public Hearing at 8:02 P.M.
Janet Johnson, attorney for the developer, stated that they have agreed
to exclude concrete blocks as a construction material in the subdivision.
Mr. Raysa pointed out that this is a continuation of the November 17,
1986 Public Hearing, at which time there was a draft of an Annexation
Agreement. The Annexation Agreement on the continued Public Hearing
tonight is a draft dated 12/1/86. Mr. Raysa noted the changes which
were made to the Annexation Agreement most of which are typographical,
and there are no major conceptual changes. Mr. Raysa stated that the
property is referred to as the Klefstad Property, and is also known as
the Arbor Creek Business Centre.
Trustee Kowalski arrived at this time.
Temporary Chairman Marienthal asked if there were any other comments
from the public, the Board, or any other Public Agencies; there were
none. Temporary Chairman Marienthal closed the Public Hearing at
8:11 P.M.
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12/1/86
PUBLIC HEARING - COVINGTON CORPORATE CENTER
Temporary Chairman Marienthal read from the Notice of Public Hearing
which was published in the Daily Herald on November 11, 1986.
Temporary Chairman Marienthal called the Public Hearing to order at
8:13 P.M. , and then read the purpose of the Public Hearing.
Temporary Chairman Marienthal swore in the following witnesses to
give testimony: Peter Jarvis, land planner, Bob Gudmundson, con-
sulting engineer, Jack Schaefer, developer, and Lawrence Freedman,
attorney.
Mr. Freedman then reviewed the site plan, noted as Exhibit C-1. Mr.
Freedman stated that the Annexation Agreement is essentially a standard
Annexation Agreement; the differences from the standard have been out-
lined in Mr. Truesdell's memo to Mr. Balling of 11/25/86, and Mr. Freedman
proceeded to comment on the differences as outlined in Mr. Truesdell's
memo.
Mr. Jarvis then reviewed Exhibits C-1, C-2, and C-3, showing the possible
connection of Deerfield Road extended with Busch Parkway, giving details
of each alternative, and noting the Plan Commission's comments on each
one. Mr. Jarvis stated that they are comfortable with either alternative
1 or 2, but would prefer not to use alternative 3. Mr. Jarvis stated that
the balance of the issues have essentially all been solved.
Mr. Freedman then continued to comment on the points in Mr. Truesdell's
memo.
Mr. Freedman stated that they are not seeking any other variations except
those noted in the publication; protective covenants have not yet been
submitted; they are agreeable to providing that there will be an association
to maintain cul-de-sac islands, the Deerfield Road median, and perimeter
buffer areas; the retention will be maintained by individual lot owners
and will be part of individual lots; there has been discussion of reserving
land for the potential development of a commuter station, and he pointed
out approximately 7 acres which would be suitable, stating that they would
be prepared to sell that to the Village for $3.50 per square foot, and they
would hold that price for 6 months, after which a formula would have to be
worked out for possible increases.
Mr. Gudmundson then reviewed Exhibit D, the Preliminary Engineering Plan
dated 11/11/86, discussing the water main and storm water management.
Mr. Freedman stated that they will leave Exhibit F with the Village
tonight, and will send additional copies for distribution.
Trustee Reid stated that leaving the train site option open for two
years is not long enough, and asked if that time period could be
negotiated; Mr. Freedman stated that they would be willing to talk
about extending that time period. Trustee Reid also asked if the
developer would give consideration to reducing the proposed price of
the same site; Mr. Freedman again stated that they would be willing to
discuss it, but would not make any commitment.
In answer to a question from Trustee Reid, Mr. Freedman stated that
they cannot guarantee connection to Deerfield Road, because they do
not control that parcel, although they are going to pursue the possibility.
7016
12/1/86
Trustee O'Reilly asked several questions dealing with wetlands,
maintenance of detention lakes, sodding of the right-of-way, and
overland water flow; she would like the Fire Department to look at
and comment on the cul-de-sacs; she asked Mr. Freedman to explain
possible condemnation in the Corporate Grove.
Trustee Glover asked if the developer had tried to acquire land
*CORRECTION necessary for the right-of-way Mr. Freedman stated that they had,
but they had not been successful. *needed to implement C-1 realignment alternative;
Plan Commission Goldspiel commented on the three major concerns which
were expressed by the Plan Commission.
Temporary Chairman Marienthal asked if there were any other agencies
wishing to comment; there were none.
Temporary Chairman Marienthal asked if there were any property owners
wishing to comment.
Mr. John Mays, attorney for the developers of the Corporate Grove,
stated that they are primarily pleased with the development of this
parcel; they are also pleased to hear the reference to their covenants,
because they think they are good ones. Mr. Mays commented on the
realignment of the road, stating that they have a number of concerns.
Mr. Mays stated that taking of the proposed lots will be extremely
expensive for the Village, since the Corporate Grove will not consent;
when people come to look at the project, he believes that this will have
a chilling effect on the marketing of the Corporate Grove. Mr. Mays
stated that they will not consent to any realignment; they will consider
it a breach of the Annexation Agreement; if the Village decides to go
this way, they will insist on litigation, which will be time consuming
and expensive. Mr. Mays stated that the Covington developer has stated
on record that either Exhibit C-1 or C-2 is acceptable, and since the
Corporate Grove developer will agree to Exhibit C-2, they ask that the
Village consider that proposal.
Temporary Chairman Marienthal asked if there were any members of the
public who wished to comment; there were none.
In answer to a question from Trustee O'Reilly, Mr. Mays stated that,
even if they were "justly compensated", they feel very strongly that
the taking of the lots would be damaging to them.
Trustee Glover stated that the Village is very proud of what has been
done in the Corporate Grove; Mr. Mays stated that approximately 60%
of the lots in the Corporate Grove have been sold. Trustee Glover
stated that the recommended alternative is advantageous to the
petitioner, and detrimental to the Corporate Grove, but wonders if
there is not offsetting compensation which could be pursued. Trustee
Glover would encourage staff to look further into this situation and
encourage a compromise situation; he would like to see input both on the
part of the petitioner and the Corporate Grove.
Mr. Goldspiel stated that, at the time the Corporate Grove was being
discussed, they were very adamant that they did not want heavy through
traffic on an east-west basis, and throughout the time that the plan
was being considered, the discussion was that the ultimate heavy traffic
would go through the development to the south on Deerfield Road. Mr.
Goldspiel stated that a right-angle intersection is not a good idea
because it limits the flow of traffic through that roadway.
7017
12/1/86
Mr. Freedman stated that they are willing to talk and see if a
compromise can be worked out.
Temporary Chairman Marienthal asked if there were any questions from
anyone else; there were none.
With regard to the 15' strip to the south, Mr. Freedman stated that
he has ordered a survey and a title search; he does not believe that
the seller owns that piece. Mr. Freedman stated that they will put
in the Annexation Agreement that, if they ever acquire title to it,
they will incorporate it into this plan.
Temporary Chairman Marienthal continued the Public Hearing to
December 15, 1986, at 9:15 P.M.
PUBLIC HEARING - WESTCHESTER ESTATES
Temporary Chairman Marienthal called to order the Public Hearing for
Westchester Estates at 9:13 P.M. ; the Public Hearing will be continued
to December 15, 1986, as outlined in Mr. Truesdell's memo to Mr. Balling
of November 25, 1986. Mr. Balling noted that it is the desire of the
owner to have the Public Hearing and passage of the ordinances at the
Regular Meeting on December 15, 1986.
Temporary Chairman Marienthal then read the Notice of Public Hearing
published in the Daily Herald on November 15, 1986.
Trustee Reid stated that he will not feel any pressure to approve
something on December 15, 1986 just because the owner wishes to have
it done before the end of the year.
Temporary Chairman Marienthal continued the Public Hearing to
December 15, 1986 at 9:16 P.M.
Temporary Chairman Marienthal asked if there were any questions from QUESTIONS
the audience; there were none. FROM THE
AUDIENCE
Temporary Chairman explained the Consent Agenda, stating that any CONSENT
member of the audience or the Board could request that an item be AGENDA
removed for full discussion; there were no such requests.
Moved by O'Reilly, seconded by Reid, to approve Resolution #86-79, RESOLUTION
a resolution supplementing Resolution #86-57 with respect to the #86-79
volume limitations on issuance of Industrial Revenue Bonds for the (IRB)
remainder of 1986 and the Toyomenka (America) Inc. project. The
revised federal tax law changes have resulted in an opportunity
to increase our IRB allocation to the IDFA for BG's Toyomenka
project. IDFA has requested the above referenced resolution.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
7018
12/1/86
Moved by O'Reilly, seconded by Reid, to approve Resolution #86-80, RESOLUTION
approving the Commonwealth Edison Grant for Public Roadway - Thompson #86-80
Boulevard. This resolution permits the construction of Thompson
Boulevard on Commonwealth Edison property in Old Farm Village.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to accept the Final Acceptance LEXINGTON
for Lexington Glen Subdivision - Lexington-in-the-Park. The Village GLEN SUB.
Engineer recommends acceptance of this subdivision. Upon roll call, (Final
Trustees voted as follows: Acceptance)
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to approve the Preliminary Plan PRUDENTIAL
for Prudential Realty commercial property located on the southwest REALTY
corner of Busch Road and Weiland Road. This revised plan meets the COMMERCIAL
requirements of the Village Board for tree preservation and is ready (Preliminary
for approval. Appearance Commission approval was previously granted Plan)
by the Board. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to refer to the Plan Commission B. G.
the layout and configuration of buildings in connection with the FACILITIES
Village of Buffalo Grove facilities plan. Following the 11/24/86 PLAN
workshop, the Village Board desires the review and comment of the (Plan Com-
Plan Commission on the municipal facilities plan. Upon roll call, mission
Trustees voted as follows: Referral)
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to approve the Buffalo Grove B. G. PARK
Park District's fee waiver request for vending machine licenses. DISTRICT
The Park District requests a licensing fee waiver preiously granted (Fee waiver)
by the Board. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
7019
12/1/86
Moved by O'Reilly, seconded by Reid, to approve the Appearance B. G.
Commission recommendation reference the Buffalo Grove Commerce COMMERCE
Center, Lots 26, 27 & 28, Lexington Development Corporation, CENTER
revised elevation. The Appearance Commission recommends approval (Aesthetics)
of the aesthetic elements of this project. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to approve the Appearance B. G.
Commission recommendation reference the Buffalo Grove Commerce COMMERCE
Center, Lot 41 Lexington Development Corporation, revised CENTER
landscaping. The Appearance Commission recommends approval LOT 41
of the aesthetic elements of this project. Upon roll call, (Landscaping)
Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
I!I ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to approve the Appearance SPIKEY
Commission recommendation reference Spikey Millanes Restaurant MILLANES
at Chase Plaza, revised landscaping. The Appearance Commission RESTAURANT
recommends approval of the aesthetic elements of this project. (Landscaping)
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to approve the Appearance ARBOR CREEK
Commission recommendation reference Arbor Creek Industrial INDUSTRIAL
Business Park, Aptakisic Road and Barclay Boulevard, ground signs. BUSINESS PARK
The Appearance Commission recommends approval of the aesthetic (Ground Signs)
elements of this project. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to approve the Appearance CORPORATE
Commission recommendation reference Corporate Grove, Lots 83-87 GROVE
CGA Investment Co. , architecture/materials/lighting/landscaping. LOTS 83-87
The Appearance Commission recommends approval of the aesthetic (Aesthetics)
elements of this project. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
7020
12/1/86
Moved by O'Reilly, seconded by Reid, to approve the Appearance B. P. AUTO
Commission recommendation reference B. P. Auto, wall sign, Buffalo (Wall Sign)
Grove Road. The Appearance Commission recommends approval of the
aesthetic elements of this project. Upon roll call, Trustees voted
as. follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by Glover, seconded by O'Reilly, to pass Ordinance #86-70, ORDINANCE
accepting an Annexation Agreement for 111 acres located south of #86-70
Aptakisic Road at Barclay Boulevard (Arbor Creek Business Centre) . (Arbor Creek
Mr. Raysa clarified that the ordinances being approved are the ones Business
that are on the dias tonight. Centre)
Trustee O'Reilly had a question on the maintenance of the wetland
areas, stating that she thought they should be first conveyed to
the Village. Mr. Raysa stated that he agreed, but he did not get
an impression from the Board at the last meeting.
Janet Johnson, attorney for the developer, stated that she also
thought that the Village would be the proper party to convey the land
to in the event that the owners association decided that they no longer
wished to own same.
Temporary Chairman Marienthal declared a recess from 9:25 P.M. to RECESS
9:40 P.M.
Mr. Raysa proposed the following language for Paragraph 28, E. :
"If after completion and formal acceptance by the Corporate
Authorities of the public improvements, owner identifies a non-for-
profit organization or entity (including the Village) approved by the
Village to assume responsibility pursuant to a lease or other agreement
approved by the Corporate Authorities for maintaining the wetland area
(Parcels A, B-1, B-2, D, E, F, G, and W) in accordance with the pro-
tective covenants and Army Corps permit, owners shall convey title
to said wetland area to the Village and the Village shall accept such
conveyance."
Trustee Glover amended the motion to include the language suggested
by the Village Attorney for Paragraph 28,E. ; Trustee O'Reilly seconded
the amendment. Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by Glover, seconded by O'Reilly, to pass Ordinance #86-71, ORDINANCE
annexing 111 acres located south of Aptakisic Road at Barclay #86-71
Boulevard (Arbor Creek Business Centre) . Upon roll call, Trustees (Arbor Creek
voted as follows: Business
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski Centre)
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
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12/1/86
Moved by Glover, seconded by O'Reilly, to pass Ordinance #86-72, ORDINANCE
zoning 111 acres located south of Aptakisic Road at Barclay Boulevard #86-72
to the I Zoning District (Arbor Creek Business Centre) . Upon roll (Arbor Creel
call, Trustees voted as follows: Business
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski Centre)
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Mr. Balling summarized the rate increases as recently requested by RESOLUTION
the Board, and outlined in Mr. Brimm's memo to him of November 18, #86-81
1986. (Golf
Moved by Glover, seconded by Reid, to pass Resolution #86-81, Operations
accepting the FY87 Department of Golf Operations Program Budget. Program
Budget)
Trustee O'Reilly stated that she would vote differently if it were
going to change anything, but she again pointed out that she is
opposed to the discrepancy between the resident and non-resident
rates.
Trustee Glover asked staff for more detail on the market analysis
next year, noting what courses they believe our course is comparable
to and what their rates are; he would also like to know what rates
are charged to residents at other courses owned by governmental bodies.
Temporary Chairman Marienthal echoed Trustee Glover's comments. Upon
roll call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 1 - O'Reilly
ABSENT: 1 - Shields
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 9:54 P.M.
1)1
JanetM). Sirabian, Village Clerk
APPROVED BY ME THIS fEtk DAY OF
, 1986.
4 /47
Village President