1987-03-16 - Village Board Regular Meeting - Minutes 7074
3/16/87
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, MARCH 16, 1987.
President Clayton called the meeting to order at 7:32 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, Glover, Reid, and Kowalski. Trustees
O'Reilly and Shields were absent. 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; Ray Rigsby,
Superintendent of Public Works; Police Chief McCann; and Carmen
Molinaro, Director of Golf Operations.
Moved by Glover, seconded by Reid, to approve the minutes of APPROVAL OF
the February 23, 1987 Special Meeting. MINUTES
Trustee Marienthal asked that the third paragraph on page 7066
read as follows: "Trustee Marienthal had requested that the
5-unit building be reduced by one. Mr. Hernandez stated that
they would be willing to reduce the 5-unit building which was adjacent
to the residences."
Upon roll call, Trustees voted on the approval of the minutes as
corrected:
AYES: 3 - Marienthal, Glover, Reid
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
ABSTAIN: 1 - Kowalski
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the minutes of the
March 2, 1987 Regular Meeting. Upon roll call, Trustees voted
as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Mr. Brimm read Warrant #594. Moved by Glover, seconded by Reid, WARRANT #594
to approve Warrant #594 in the amount of $943,567.73, authorizing
payment of bills listed. After staff answered a question from
Trustee Marienthal, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
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3/16/87
President Clayton read a Proclamation encouraging community PROCLAMATION
support for the Buffalo Grove Instrumental Association's (BGHS Band)
European Concert Tour fund raiser.
President Clayton noted the addition of a member of School CONSTITUTION
District 21, Robert Gerry, to the Constitution Committee. COMMITTEE
Moved by Marienthal, seconded by Reid, to concur with
President Clayton's appointment. Upon voice vote, the motion
was unanimously declared carried.
Trustee Marienthal commented on the progress noted with regard SEWER PROGRAM
to the Villagewide sewer program.
Mr. Balling noted the submittal of the Management Report for MANAGEMENT
February, 1987; there were no questions on same. REPORT
Mr. Balling noted that there will possibly be a meeting on FUTURE AGENDA
Monday, March 23, 1987, and that the Board would be informed
of this meeting as soon as possible.
PUBLIC HEARING - REVENUE SHARING FUNDS
President Clayton read from the Notice of Public Hearing published
in the Buffalo Grove Herald on March 6, 1987. President Clayton
opened the Public Hearing at 7:44 P.M. Mr. Brimm then made a
brief presentation with regard to the proposed use of the
Revenue Sharing funds, as outlined in his memo to Mr. Balling
of March 4, 1987. President Clayton asked if there were any
questions or comments from anyone; there were none. President
Clayton closed the Public Hearing at 7:45 P.M.
PUBLIC HEARING - FIORE/ZALE ANNEXATION AGREEMENT
AMENDMENT
President Clayton read from the Notice of Public Hearing published
in the Buffalo Grove Herald on February 28, 1987. President Clayton
called the Public Hearing to order at 7:47 P.M. , and then noted the
purpose of the Public Hearing.
Mr. Balling stated that this is an Annexation Agreement Amendment
which is being recommended to the Board for consideration.
Mr. Raysa stated that the March 3, 1987 letter from the Zale Group
with an affidavit showing the beneficiaries of the corporation is
being presented to the Board tonight. Mr. Raysa also acknowledged
receipt from the land trustee of the affidavit with regard to the
beneficiary of the current land trust. Also before the Board is
the 2/27/87 draft of the Second Amendment to the Fiore Annexation
Agreement, which deletes Paragraph 34, which provided an 18-month
disconnect provision for Parcel 7.
Since the Village is waiting for signatures on this Agreement, Mr. Raysa
suggested that the Public Hearing be continued.
It was determined that this Public Hearing would be continued to
March 23, 1987, and if there is no meeting on March 23, 1987, the
Public Hearing will be continued to April 6, 1987. If there is
no meeting on March 23, 1987, notice will be posted on the door
that the Public Hearing will be continued until April 6, 1987.
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3/16/87
President Clayton asked if there were any comments from the public,
the Board, or other governmental agencies; there were none.
President Clayton continued the Public Hearing to March 23, 1987,
and if there is no meeting on March 23, 1987, the Public Hearing
will automatically be continued to April 6, 1987. The Public
Hearing was continued at 7:51 P.M.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience; there were none. THE AUDIENCE
President Clayton explained the Consent Agenda, stating that CONSENT AGENDA
any member of the audience or the Board could request that an
item be removed for full discussion; there were no such requests.
Moved by Marienthal, seconded by Reid, to pass Ordinance #87-24, ORDINANCE #87-2/
an ordinance Amending Title 13 of the Code adjusting the water (Water & sewer
and sewer rates and fees. Upon roll call, Trustees voted as rates & fees)
follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to approve Resolution RESOLUTION #87-s
#87-8, a resolution amending the master agreement for traffic (Traffic
signal maintenance between Buffalo Grove and the IL Department Signal Main-
of Transportation. Upon roll call, Trustees voted as follows: tenance)
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to approve Resolution RESOLUTION #87-9
#87-9, a resolution authorizing the retirementof certain (Retirement of
municipal indebtedness by use of Motor Fuel Tax Funds. indebtedness -
Upon roll call, Trustees voted as follows: MFT Funds)
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the Certifi- GIFTCO, INC.
cate of Final Acceptance for Giftco, Inc. , Corporate Grove (Final
Lots 107-113. Upon roll call, Trustees voted as follows: acceptance)
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
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3/16/87
Moved by Marienthal, seconded by Reid, to accept the Certifi- MOBIL OIL
cate of Final Acceptance for Mobil Oil, Dundee and Buffalo (Final
Grove Roads. Upon roll call, Trustees voted as follows: acceptance)
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the Plat of WESTCHESTER
Easement for Westchester Estates, Busch Road. Upon roll call, ESTATES
Trustees voted as follows: (Plat of
AYES: 4 - Marienthal, Glover, Reid, Kowalski Easement)
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the Plat of J. B. WINBERIE'S
Easement for J. B. Winberie's, Buffalo Grove Business Park, (Plat of
Unit 6. Upon roll call, Trustees voted as follows: Easement)
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the ARBOR CREEK
Appearance Commission approval for Arbor Creek Business BUSINESS CENTRE
Centre, Aptakisic Road, landscaping. The Appearance (aesthetics)
Commission recommends approval of these aesthetic elements.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the CHEVY CHASE
Appearance Commission approval for Chevy Chase Business Park, BUSINESS PARK
Building 6, Lake-Cook Road, architecture/materials and (aesthetics)
landscaping. The Appearance Commission recommends approval
of these aesthetic elements. Upon roll call, Trustees voted
as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the CITICORP
Appearance Commission approval for Citicorp Savings - 24 SAVINGS
hour banking addition, Dundee and Old Buffalo Grove Roads, (aesthetics)
signage and architecture/materials. The Appearance Commission
recommends approval of these aesthetic elements. Upon roll call,
Trustees voted as follows:
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3/16/87
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to authorize the MOSQUITO
bidding for the 1987 mosquito control program. Upon CONTROL PROGRAM
roll call, Trustees voted as follows: (authorize
AYES: 4 - Marienthal, Glover, Reid, Kowalski bidding)
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to award the contract TRAFFIC SIGNAL
for Weiland and Busch Roads traffic signal to Aldridge Electric, (Weiland &
Inc. whose bid of $77,900.36 was the lowest qualified bidder Busch Roads)
of six. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Reid, to waive the building B'NAI SHALOM
permit and review fees for Congregation B'Nai Shalom's new (Waiver of
building project. Said request is in accordance with fees)
Chapter 3.04 of the Code. Upon roll call, Trustees voted as
follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Ordinance ORDINANCE #87-25
#87-25, providing for the issuance of $8.5 million TIF (TIF)
Revenue Bonds. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, President Clayton
NAYES: 1 - Kowalski
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Ordinance ORDINANCE #87-26
#87-26, providing for borrowing money and issuing $6,490,000 (TIF)
TIF Revenue Bonds, Series A, Tax-Exempt. Upon roll call,
Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, President Clayton
NAYES: 1 - Kowalski
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Ordinance ORDINANCE #87-27
#87-27, providing for borrowing money and issuing $2,010,000 (TIF)
TIF Revenue Bonds, Series B, Taxable. Mr. Balling explained
the difference between the taxable and non-taxable bonds.
7079
3/16/87
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, President Clayton
NAYES: 1 - Kowalski
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #87-1(
#87-10, authorizing the execution of a Municipal Service (Municipal
Reimbursement Agreement between the Village and the Buffalo Service
Grove Town Center Partnership. Upon roll call, Trustees voted Agreement)
as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION #87-11
#87-11, adopting the fiscal 1987-88 Village of Buffalo Grove (FY87-88 Budget)
program budget.
Trustee Marienthal asked a question, which was answered by Mr.
Balling.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Mr. Balling thanked the Board for their review of the budget.
Moved by Glover, seconded by Reid, to approve the Final Plat ARBOR CREEK
of Subdivision for the Arbor Creek Business Centre. BUSINESS CENTRE
Mr. Raysa stated that Final Plat of Subdivision is usually
approved subject to Mr. Kuenkler's memo, and often the Village
Attorney approves the protective covenants. Mr. Raysa has
reviewed the covenants, but does take issue with one of them.
The developer is requesting indemnification from the Village
on the bike path, and Mr. Raysa cannot recommend same to the
Village Board.
Janet Johnson, attorney for the developer, stated that they
are concerned that they are being asked to provide an easement
which is on private property for a bike path which is to be
used for public purposes; they believe there might come a
time where maintenance will become a problem, or that there
could be a liability claim. If they are dedicating the land
for public use, they believe they should be provided indemnity.
In answer to a question from Trustee Glover, it was stated that
this is a permanent easement.
Mr. Raysa explained his reasons for treating all bike paths
within the Village in the same manner.
it
7080
3/16/87
President Clayton polled the Board: "Yes" indicates favor of
the developer's request for them to be indemnified on the bike
path; "No" indicates opposition:
YES: None
NO: Marienthal, Glover, Reid, Kowalski
ABSENT: O'Reilly, Shields
Mr. Klefstad stated that they will withdraw their request for
indemnification. Trustee Glover amended the motion to include
v it to be subject to Mr. Kuenkler's memo to Mr. Balling of
March 10, 1987, and also the Village Attorney's approval of
the covenants. Upon roll call, Trustees voted as follows on
the motion:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Mr. Balling updated the Board on the progress of the project MUNICIPAL
thus far. CAMPUS FACILITIES
Mr. Peter Pomitz then displayed and reviewed the site plan, PROJECT
the elevations, and various building materials; he stated that
they are looking for the Board to review the materials and pass
the plan on to the Appearance Commission.
Trustee Glover commented on the massive metal roof on the Public
Works building. Trustee Marienthal also stated a concern with
the massive metal roof. Mr. Pomitz and Mr. Balling stated that
using material other than the metal would present a budgetary
problem.
Mr. Balling summarized the status of the project at this point;
he stated that there are certain requirements for the Public
Works building which would add approximately $260,000 to the
price of the building. The major necessary expense is an
elevator which must be installed to meet handicapped standards.
Trustee Glover stated that the plan which he would advocate would
be to set the highest priorities and determine just exactly what
the budget will allow.
Mr. Balling stated that the plan is probably for phased implementation.
Mr. Balling stated that the entire plan has been presented to the
Plan Commission.
With regard to the Golf Course, the staff has concluded that
the Club Room is not a project which could be covered in this
scope; however, the current operator has expressed an interest
in participating in the cost of the Club Room addition. Staff does
not recommend proceeding with the Club Room as a Village sponsored
project, given the budget constraints of that facility.
Trustee Glover stated that it is an interesting concept, and would
encourage staff to look into it further.
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3/16/87
Trustee Kowalski basically agrees with Trustee' Glover's
comments, and would like to see if the lessee can pay for
design costs up front.
Mr. Balling stated that no representation has been made to
the lessee that he will be the lease operator, as well as the
fact that he already has a great deal of money to be invested,
without the Club Room costs.
Trustee Reid agreed that it is an interesting concept. Trustee
Marienthal stated that this Club Room should be on the shoulders
of the Village because the Village will own the building.
Mr. Balling stated that the most serious problem is the major
work needed for the Village Hall, which he explained; staff will
be coming back to the Board with a recommendation for same.
President Clayton declared a recess from 9:00 P.M. until RECESS
9:13 P.M.
Moved by Glover, seconded by Reid, to approve the 1987 1987 ZONING MAP
Buffalo Grove Zoning Map.
Trustee Glover then asked a question which was answered by staff.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Mr.Dojutrek stated that they would like to put a house on the DOJUTREK
subject property, which is 3.84 acres. PROPERTY
Moved by Glover, seconded by Reid, to refer the Dojutrek
property at 940 E. McHenry Road to the Plan Commission for
Preliminary Plan Approval.
Trustee Marienthal asked a question which was answered by staff.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Mr. Rick Piggott thanked the Board for allowing the developer BUGNER FARM
to make a presentation tonight. (Lexington
Mr. Jon Nelson, architect, displayed a 1985 aerial photo, Homes)
pointing out that the property is on the east side of Weiland
Road, and just south of Busch Road extended; he reviewed the
surrounding property uses, and also displayed a site plan which
he reviewed.
Trustee Glover stated that he has a concern regarding the land
use; he is concerned as to whether or not 6 dwelling units to the
acre is the right way to go on this property; the 6-unit buildings
7082
3/16/87
bother him, as well as the density; the land use bothers him;
he would like very much to see this type of product in other
areas in Buffalo Grove, without the 6-unit buildings.
Mr. Ron Benach of Lexington Homes responded to Trustee Glover's
comments.
Trustee Kowalski asked how this would affect the single-family/
multi-family ratio in the Village; Mr. Balling answered Trustee
Kowalski's question. Trustee Kowalski stated that this area is
shown as single-family on the Master Plan, and she would have
to vote against it.
Trustee Marienthal asked if cluster housing had been considered
for this property; Mr. Benach stated that it had not been
considered.
After further discussion, President Clayton polled the Board:
"Yes" indicates favor of encouraging the developer to pursue
townhome development at 6 units to the acre density in this
location; "No" indicates opposition:
YES: None
NO: Marienthal, Glover, Reid, Kowalski
ABSENT: O'Reilly, Shields
Mr. Rick Piggott asked if he could introduce a zoning problem OLD FARM
that the developer has with the single-family at Old Farm VILLAGE
Village; they would like some direction from the Board as to (Lexington)
how they can proceed to solve the problem.
Mr. Benach stated that, when the Village asked them to increase
the size of their lots, they did so in a spirit of cooperation,
but they did not realize that a larger building size in that
larger lot district had been imposed, and because of that, they
have a building that lacks a few square feet, which cannot be
put in that district.
Mr. Piggott stated that they have cooperated with the Village in
the past, and asked that the Village cooperate with them with
regard to this problem.
After further discussion, it was moved by Marienthal, and seconded
by Glover, to amend the Annexation Agreement to allow the smaller
house on the larger lot, and to direct staff to publish for a
Public Hearing for same.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
Moved by Reid, seconded by Glover, to move to Executive Session EXECUTIVE
to discuss litigation. Upon roll call, Trustees voted as SESSION
follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 2 - O'Reilly, Shields
Motion declared carried.
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Moved by Marienthal, seconded by Glover, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 10:05 P.M.
Janet-M. Sirabian, Village Clerk
,-- g
APPROVED BY ME THIS (-°' DAY
OF `- �'� = , 1987.
Village President f?
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