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1987-02-02 - Village Board Regular Meeting - Minutes 7049 2/2/87 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, FEBRUARY 2, 1987. 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 Clayton; ROLL CALL Trustees Marienthal, O'Reilly, Glover, Reid, Shields, and Kowalski. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Gregory Boysen, Director of Public Works; Richard Kuenkler, Village Engineer; Paul Kochendorfer, Village Treasurer; and Police Chief McCann who arrived at 8:30 P.M. Moved by Glover, seconded by O'Reilly, to approve the minutes APPROVAL OF of the January 19, 1987 Regular Meeting. Upon roll call, MINUTES Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski NAYES: 0 - None ABSTAIN: 1 - Shields Motion declared carried. Mr. Kochendorfer read Warrant #591. Moved by Glover, seconded WARRANT #591 by O'Reilly, to approve Warrant #591 in the amount of $449,230.07, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. President Clayton noted that, in the Presidents and Managers 1986 SNOW portion of the 1986 Snow Plowing competition, Trustee Glover PLOWING represented the Village, and placed 2nd in the competition. COMPETITION President Clayton referred to the proposed ordinance on the LIQUOR LICENSE Consent Agenda which would add another Class A liquor license, REQUEST stating that, since this proposed ordinance was drafted, there has been another request for a Class A liquor license, and President Clayton asked if the Board wished to handle this request now, or wait for the business to be closer to opening. There was no objection to handling this request now, and removing it from the Consent Agenda. Mr. Balling referred to the Hoffman/Zale Annexation Agreement HOFFMAN/ZALE which is to expire on February 14, 1987. It was staff recom- AGREEMENT mendation that the agreement lapse, and that the Village take a look at the reverter provision of the remaining portion of the vacant property. On further review with the Village Attorney, because of the verbage of the Annexation Agreement, Mr. Raysa recommends that the Board consider an ordinance to revert at tonight's meeting. 7050 2/2/87 President Clayton asked if there was any objection to placing this as Item XII, C. on the agenda; there were no objections. The Village Clerk explained the procedure for the Ballot BALLOT Placement Lottery for the April 7, 1987 Municipal Election. PLACEMENT The four candidates participating in the lottery are placed in alphabetical order and each given a number according to that order; the numbers assigned to each candidate are as follows: 1. Gary L. Glover 2. John W. Marienthal 3. Jordan I. Shifrin 4. Stephen H. Stone Mr. Raysa then pulled numbers out of a box, thus indicating the candidate's position on the ballot: 1. Gary L. Glover 4. Stephen H. Stone 2. John W. Marienthal 3. Jordan I. Shifrin Adding the names of the candidates filing after the simultaneous filing, the ballot placement will be as follows: 1. Gary L. Glover 2. Stephen H. Stone 3. John W. Marienthal 4. Jordan I. Shifrin 5. Robin Tod Weiss 6. Thomas E. Sashko Glenn Ahrenholz, Buffalo Grove's NORTRAN Trustee, brought S00 LINE the Board up-to-date on the Executive Summary of the Soo Line Feasibility Study. Mr. Ahrenholz displayed two charts: Soo Line Service Feasibility Study Alternative #1 and Soo Line Service Proposal - Cost Recovery Rate. Mr. Ahrenholz stated that they wish to develop strong grass roots support to let Metra know that this particular project has tremendous potential and has communities who solidly support it; they would like Board members to attend meetings to show their support to Metra. Trustee Reid noted the need to move quickly on the proposed train station site so that the property can be acquired at a reduced price; Mr. Ahrenholz stated that he is aware of this, and believes Metra is waiting to see the degree of support shown for the project, and �•/ believes that a time-table will be on the agenda at the April meeting. Trustee Marienthal asked if a resolution would be beneficial; Mr. Ahrenholz stated that it would be. Trustee Reid stated that the Transportation Commission will put together a draft resolution at its meeting tomorrow night, which can be placed on the agenda for the February 23, 1987 Regular Board Meeting. President Clayton thanked Mr. Ahrenholz for his report, as well as the work being put into this project. 7051 2/2/87 PUBLIC HEARING - COTEY/NECKER PROPERTY President Clayton noted that the Notice of Public Hearing appeared in the Buffalo Grove Herald on January 17, 1987; she then read from the Notice of Public Hearing. President Clayton then called the meeting to order at 8:05 P.M. President Clayton stated that, since the representatives for the developer could not be present at this time of the meeting, the Public Hearing will be held later in the meeting. President Clayton postponed the Public Hearing at 8:06 P.M. President Clayton explained the Consent Agenda, stating that any CONSENT AGENDA member of the audience or the Board could request that an item be removed for full discussion. It was requested that Item XI. , A. be removed from the Consent Agenda. Moved by Glover, seconded by O'Reilly, to pass Ordinance #87-11, ORDINANCE #87-11 an ordinance authorizing the disposal of surplus Village personal (surplus property property. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to adopt Resolution RESOLUTION #87-3 #87-3, a resolution authorizing the opening of a corporate (Water Fund savings account for the Village's Water Fund. Upon roll call, savings account; Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Certificate CORPORATE GROVE of Final Acceptance for the Corporate Grove; the project is com- (Certificate of plete with the exception of permanent pavement markings at the Final Acceptance Soo Line Railroad and storm sewer repair, eastbound on Busch Parkway. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Certificate YANMAR DIESEL of Final Acceptance for Yanmar Diesel. Upon roll call, Trustees (Certificate of voted as follows: Final Acceptane) �•/ AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Appearance WOODSTONE Commission approval for Woodstone Townhouses, north of Steeple- TOWNHOUSES view on Weiland Road, landscaping and color packages. The (aesthetics) Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: 7052 2/2/87 AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared lared carried. Moved by Glover, seconded by O'Reilly, to accept the Appearance INDUSTRIAL Commission approval for Industrial Towel and Uniform, Buffalo TOWEL & UNIFORM Grove Commerce Center, 421 Lexington Drive, ground sign. The (aesthetics) Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Appearance CONVENIENT FOOD Commission approval for Convenient Food Mart, Spoerlein Commons, MART (Sign logo) McHenry Road, sign logo. The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Appearance ZALE GROUP Commission approval for The Zale Group, Buffalo Grove Commerce (Office signage) Center, 721 Armstrong, office signage. The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Zoning CREEKSIDE Board approval for Creekside Commons, Busch and Weiland Roads, COMMONS White Hen Pantry pylon sign - sign code Sec. 14.20.070.D, sign (White Hen closer to the property line than code permits. The ZBA recommends Pantry pylon approval with the following stipulations: 1) sign to be 19' tall, sign located 15' from property line; 2) sign area to be bermed, sod to be used, plantings around pole; 3) sign to be internally illuminated. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by O'Reilly, to accept the Zoning CREEKSIDE Board approval for Creekside Commons, monument sign at north COMMONS entrance. Sign Code Sec. 14.20.070.A. , regarding more than (monument sign) two signs on this size parcel. The ZBA recommends approval of sign as presented. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. 7053 2/2/87 Mr. Balling reviewed the revisions to the proposed ordinance, ORDINANCE details of which are contained in Mr. Kuenkler's memo to Mr. #87-12 Balling of January 21, 1987. (Private Moved by Glover, seconded by Reid, to pass Ordinance #87-12, amend- Water Wells) ing Title 13 of the Code as it pertains to the regulation of private water wells for irrigation purposes. After Mr. Raysa answered a question for Trustee O'Reilly, Trustees voted as follows on the motion: `, AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Balling introduced and explained the proposed ordinance, ORDINANCE #87-1 details of which are contained in Barbara Dolan's memo to (Zoning Ordin- Mr. Balling of January 27, 1987. ance Amend- Moved by Glover, seconded by O'Reilly to pass Ordinance #87-13, ments) amending Title 17 of the Code (The Zoning Ordinance) for clarifica- tion purposes and to allow limited retail use in an Industrial District. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Trustee Glover thanked the staff and the Plan Commission for the many hours of work put into this Ordinance. Mr. Balling briefly reviewed Pages 1 and 18 of the Hoffman/Zale ORDINANCE Annexation Agreement which was passed February 14, 1977 for a #87-14 term of 10 years. The staff has made an evaluation of this Agree- (Hoffman/Zale ment, and believes it would not be in the interest of the Village Annexation to extend this Agreement past its expiration date of February 14, Agreement) 1987. Paragraph 26 does give the Village Board the right to re- zone the balance of uncommitted property to the R-1 District at the expiration of the Agreement, or if the terms have not been carried out. The Village Attorney believes it would be prudent to consider its options under Paragraph 26 at tonight's meeting. Mr. David Brown, representing the owners of the property at the Southwest corner of Busch and Weiland, wishes to speak to the Board concerning an extension. Mr. David Brown, representing the developer, Washington National Development Company, stated that his clients just obtained the property October 15, 1986. At that time, they devoted their efforts to getting the commercial portion of the property under way; they have not had a chance to go forward with the residential. Since there is no harm in waiting, and he believes a Public Hearing would be necessary to down-zone the property, Mr. Brown asks that the Village wait 60 days, until the first meeting in April, for them to come in with a townhouse proposal of 45 to 60 townhomes, probably 45. This would avoid re-zoning and a Public Hearing. The developer has nothing to present tonight, since they just became aware of this on Thursday of last week. Mr. Brown has looked over the prior Agreement and the Agreement states that the Board MAy re-zone to R-1 classifica- tion or be disconnected from the Village. Mr. Brown stated that, 1 since it is a MAY and not an automatic change in zoning, he believes 7054 2/2/87 it would require a Public Hearing, and since no notice of such has been given, he believes it would be premature to pass an ordinance tonight; he does not see any need to rush forward. III' In answer to a question from Trustee Reid, Mr. Raysa explained why he does not believe a Public Hearing is necessary. Trustee Glover asked when the property was purchased, and a representative of the developer stated that they purchased the property on October 15, 1986. Mr. Raysa stated that it could be argued that a Public Hearing is necessary, but his position is that, in order to protect the Village of Buffalo Grove, in regard to in effect a Contract Zoning Document which is an Annexation Agreement which is legal under Illinois Law, the developer at that time that executed the Annexa- tion Agreement provided for a down-zoning of the subject property, and the language states MAY. An ordinance at this time would show that the Village has taken some action, and whether the Public Hearing is mandatory or not, if action is not taken now, it could be argued that the right to take action has been lost because the Annexation Agree- ment has expired. Mr. Brown stated that he would be willing to give any type of representa- tion that they would not hold that against the Village, and not prevent the Village from further considering this at a later date; he does not think a hearing will be necessary, because they can build a less dense project on that property zoned as is, and if they come in with a Planned Unit Development for these townhomes, all they would be required to do would be to have the Plan Commission approve the townhome plan and present it to the Board for final plat, which would be simpler, cheaper and easier for everyone involved. Trustee Marienthal asked Mr. Raysa his opinion on whether or not a change in plan in a PUD requires a Public Hearing; Mr. Raysa stated that, in the past, a Public Hearing has been required for a change in plan. Trustee Marienthal asked the developer if he was aware of the time limitation of the Annexation Agreement when they entered into the purchase of the property; the developer stated that they were not aware of the time limitation. Mr. Brown stated that the developer was not at the time represented by counsel and was not aware of the zoning ramifications. Mr. Tom Hardy stated that they were aware of the Annexation Agreement, but were not aware of the time limitation; they went along with the recommendation to get the commercial portion done first. Mr. Raysa stated that the reason he drafted the ordinance was so that the zoning on the property would be R-1, and not R-9 pursuant to the plan. Mr. Raysa again stated that an Annexation Agreement cannot be enforced after it expires, and if it is not done tonight, that right is lost. In answer to a question from Trustee O'Reilly, Mr. Raysa agreed that the Village would have greater possible protection with the R-1 down- zoning than anything else. 7055 2/2/87 Moved by Glover, seconded by O'Reilly, to pass Ordinance ORDINANCE 1187-14, an ordinance re-zoning certain real property #87-14 described, to the R-1 Zoning Classification District. Upon (re-zoning) roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. President Clayton noted that the discussion on the Facilities FACILITIES Plan will be handled later on in the meeting. PLAN Moved by Glover, seconded by O'Reilly, to refer Oak Creek Phase OAK CREEK - III to the Plan Commission for preliminary plan approval. PHASE III Trustee Marienthal asked that the developer look carefully at the footprint of the buildings. At the request of President Clayton, Mr. Raysa confirmed that the Board must refer this plan to the Plan Commission for review. Mr. Schwartz stated that he intends to build something that all can be proud of. Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Reid, seconded by Marienthal, to approve the traffic TRAFFIC signal improvement at Weiland Road and Busch Parkway. Mr. SIGNAL Kuenkler's memo to Mr. Balling of January 27, 1987 contains (Busch/Weiland; details on this subject. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Raysa explained the changes in the proposed ordinance. ORDINANCE #87-10 Moved by Marienthal, seconded by Reid, to pass Ordinance #87-10, (Class A amending Chapter 5.20 of the Buffalo Grove Municipal Code (Liquor Liquor Controls) , changing the figure in Paragraph A. from "eight thousand License) five hundred inhabitants" to "six thousand inhabitants". Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Moved by Marienthal, seconded by Reid, to move to Executive EXECUTIVE Session to discuss land acquisition. Upon roll call, Trustees SESSION voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. The Board moved to Executive Session at 8:47 P.M. ; the Regular Meeting reconvened at 9:24 P.M. 7056 2/2/87 PUBLIC HEARING - COTEY/NECKER ANNEXATION AGREEMENT President Clayton called the Public Hearing to order at 9:24 P.M. ; she then stated the purpose of the Public Hearing. President Clayton then swore in Joseph E. Cotey, Robert B. Hamilton, and William Cotey to give testimony. Mr. Murray Conzelman, representing J. Cotey Furniture and Mr. and Mrs. Willie Necker, introduced himself to the Board. William Cotey, Sales Manager of Cotey Furniture, displayed and reviewed Exhibit 1. , a collection of photographs of numerous commercial uses of property up and down Milwaukee Avenue in the neighborhood of the subject property. Mr. Conzelman confirmed that the subject property is on the east side of Milwaukee Avenue and is bisected by Estonian Lane, with the Cotey property being on the north side of Estonian and the Necker property on the south side; the Corporate Grove is directly across Milwaukee Avenue. Joseph Cotey, President of J. Cotey Furniture, Inc. , stated they have been in the furniture business for approximately 40 years; they are presently located in Northbrook; they are proposing to bring the entire business operation to the Village of Buffalo Grove; they are in the furniture contract business; they are not in the residential furniture business; the property marked J. Cotey Furniture is presently owned by their company; Estonian Lane runs east to west along the south side of the property; the Necker property is immediately south across Estonian Lane; they have no proposal to change the use of the Necker property, which has been in this spot for over 50 years. Joseph Cotey displayed and explained Exhibit 2. , showing the proposed elevations of the building; the height of the building is approximately 24' ; they expect to have 26 to 28 employees on the site each day; they own three trucks; there are not a great many trucks at their building; they have very few customers actually coming to the facility, only about two or three customers coming to the site per day; they do not offer services generally to individuals who come in off the street; he believes that their proposal is consistent with the use and zoning of the property which surrounds this parcel; he does not believe the subject property is suitable for residential purposes; the current zoning diminishes the value of the property and does nothing to protect the health, safety and welfare in the area; the property has been vacant for many years; the Necker property has been used for commercial for over 50 years, said commercial use is self evident and also signs for dog kennels. Mr. Conzelman displayed Exhibit 3. , a 1983 Lake County IDOT Traffic Count Map; Mr. Cotey stated that the traffic count is more today than it was in 1983; Mr. Cotey does not believe that the use of this property would damage the Village of Riverwoods, nor would it diminish property values or increase their municipal costs; Mr. Cotey stated that they do not do anything which causes air or noise pollution or any litter or debris. The Neckerproperty is unique; it is approximately 3.6 acres; cannot combine the property with any other property to enlarge the site; Necker does not plan on doing anything else on the property than he has done in the past; a variation from 5.0 acres to 3.6 acres would not change the character of his property or any other property in the area; 7057 2/2/87 Mr. Cotey stated that their gross sales were $9,000,000 last year, and they expect to increase that figure by more than $1,000,000 next year. Robert Hamilton, a Registered Professional Engineer, reviewed and explained Exhibit #4. , no access to Milwaukee Avenue from the site; Preliminary Engineering Geometric Control Site Plan, and Exhibit #5. , Engineering Plan. Mr. Hamilton also distributed a chart and explained the flood plain development. Mr. Hamilton explained how the 100 year flood plain is located on the site; that the 6 to 1 slope is required for easier maintenance and aesthetics and that byputtinga retainingwall and fence up the same purposes are met; that this development meets Lake County flood fringe requirements; that the Village requirements for flood plain development have helped control flooding; there could not be a reasonable return on property if had to comply with Village ordinances; that Mr. Cotey did not cause the unusual circumstances on his property; development will not alter character of neighborhood; proposal complies with Soil and Conservation regulations. In answer to a question from Mr. Conzelman, Mr. Hamilton stated that they will have a zero impact on flooding in the surrounding area and will not damage surrounding property and will be natural flow. In answer to a question from Trustee Glover, Mr. Balling stated that the petitioner has sufficient statutory right-of-way on Milwaukee Avenue li and no variation is requested. President Clayton asked if there were any agencies or groups who wished to comment on the proposed development. Mr. Charles Smith, President of the Village Board of Riverwoods, stated that the Village of Riverwoods is protesting this re-zoning, and will be requesting copies of all documents pertinent to this development; he then distributed a letter from the Village of Riverwoods formally protesting this development. Mr. Conzelman stated that Buffalo Grove has done something about drainage, and Riverwoods has never done anything and that surrounding residents built in the flood area. Trustee O'Reilly asked Mr. Kuenkler,Village Engineer, if he agrees with everything regarding engineering, drainage, etc. , as presented by Mr. Hamilton; Mr. Kuenkler stated that he agrees 100%. Trustee Kowalski asked if the developer had met with any residents of Riverwoods or had been asked to meet with any residents of Riverwoods; Mr. Conzelman answered "No" to both questions. Mr. Balling stated that the setback on Milwaukee Avenue is 65' after the additional right-of-way, and 61' on Estonian Lane. Mr. Conzelman explained the Lake County Zoning of HC and the SE on Exhibit #6, which shows surrounding parcels and their use; Parcel I shows SE. Mr. Raysa stated that in some documents, Mr. Truesdell is quoted as saying the use to be put on the property is "wholesale", which is incorrect; the proposed use of the property is "retail", which is an allowed use in the B-4 District. Mr. Hamilton stated they would improve Estonian Lane in the Village of Riverwoods if Riverwoods lets them. Mr. Raysa explained why he prefers a 20-year Annexation Agreement. 7058 2/2/87 President Clayton asked if there were any other agency, group, Village Board or general public questions; there were none. Mr. Raysa referred to public hearing documents which included Barbara Dolan's memo to Mr. Balling of January 27, 1987, attached to which is the 1-27-87 draft of the Annexation Agreement and all exhibits. Mr. Raysa reviewed Mrs. Dolan's memo and some typographical errors in the Annexation Agreement. President Clayton continued the Public Hearing to February 23, 1987, at 7:30 P.M. at the Village Hall council chambers, at which time the completion of the Public Hearing will be heard, and the documents will be on the agenda for approval. The Public Hearing was continued at 10:18 P.M. Mr. Bruce Ream brought the Board up to date on the facilities plan. FACILITIES Mr. Ream stated that they would like direction from the Board to- PLAN night as to some kind of consensus concerning the materials; he then reviewed various materials for the Board. After lengthy dis- cussion, Mr. Ream stated that they have enough information to bring back elevations to the Board. Moved by Glover, seconded by Reid, to adjourn the meeting. Upon ADJOURNMENT voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:56 P.M. 1 '((( yyyrrr l Janet,YI. Sirabian, Village Clerk APPROVED BY ME THIS TtT& DAY OF �Y\Q , 1987. 1 Village President