1986-05-05 - Village Board Regular Meeting - Minutes 6882
5/5/86
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, MAY 5, 1986.
President Clayton called the meeting to order at 7:33 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; Rick Skelton, Attorney; James
Doyle, Assistant Village Manager; William Brimm, Finance
Director; Gregory Boysen, Director of Public Works; Ray Rigsby,
Superintendent of Public Works; James Truesdell, Village Planner;
Police Chief McCann; and Paul Kochendorfer, Village Treasurer.
Moved by Marienthal, seconded by Reid, to approve the minutes APPROVAL OF
of the April 21, 1986 Regular Meeting. Upon roll call, MINUTES
Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
ABSTAIN: 1 - O'Reilly
Motion declared carried.
Mr. Kochendorfer read Warrant #573. Moved by Glover, WARRANT #573
seconded by Reid, to approve Warrant #573 in the amount of
$329,254.06, authorizing payment of bills listed. Upon roll
call, Trustees voted as follows:
AYES: 4 - Glover, Reid, Shields, President Clayton
NAYES: 3 - Marienthal, O'Reilly, Kowalski
Motion declared carried.
Trustee O'Reilly asked that there be discussion regarding
the Warrant at the end of the meeting.
President Clayton reappointed the following Commissioners: COMMISSION
Appearance Commission - Eddie L. Larsen REAPPOINTMENTS
Edward L. Bremner
Board of Health - Byron Wigodner
Community Blood - Rose Green
Donor Commission
Electrical Commission - Norman Ridell
Greg Buss, Jr.
William W. Loud
Arnold Witzke, alternate
Fire & Police Commission - Harvey Morowitz
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Plan Commission - George Krug
Thomas J. Laskie
John Z. Gal
Transportation - Frederick M. Case
Commission Beverly Goldberg
Zoning Board of - Jay H. Paul
Appeals
Moved by Glover, seconded by Marienthal, to concur with
President Clayton's appointments. Upon voice vote, the
motion was unanimously declared carried.
President Clayton appointed the following people to serve BUFFALO GROVE
on the 1986 Buffalo Grove Days Committee: Al Preusker, DAYS - 1986
Chairman; John Walker, Dennis Preusker, Mitch Turoff, Mary COMMITTEE
Kowieski, Cheryl Winstead, Sherry Hrisko, Joseph Tenerelli,
Carole Nelson, Rhonda Corchin, George Nolasco, and Jennifer
Pondell.
Moved by Reid, seconded by Marienthal, to concur with President
Clayton's appointments. Upon voice vote, the motion was un-
animously
declared carried.
Mr. Balling reported that Mr. Richard Osborne, Executive TRANSPORTATION
Director of the Australian Association of Regional and AND WATER
Local Governments, will be visiting the Village tomorrow PLANNING
to discuss transportation and water planning issues.
Mr. Balling related follow-up comments to the Facilities Plan FACILITIES PLAN
workshop held April 28, 1986. There has been some discussion
regarding the possible re-evaluation of the existing club house
facility as a banquet facility; if the Board wishes to have staff
pursue this, it would be a supplemental study for which Mr.
Balling could have a proposal before the Board on May 19, 1986. After
discussion by the Board, President Clayton polled the Board: "Yes"
indicates favor of obtaining a proposal from the architect regarding
the rehabilitation of the golf course club house; "No" indicates
opposition:
YES: Marienthal, O'Reilly, Kowalski
NO: Glover, Reid, Shields, President Clayton*
*Because the possibility can always be reconsidered after the Board
has reviewed the staff report. Mr. Balling stated that a report
will be forthcoming to the Board.
President Clayton read a Certificate of Commendation for Officer POLICE DEPART-
James Newton. President Clayton presented the Commendation to MENT COMMENDA-
Officer Newton, and congratulated and thanked him. TION
President Clayton noted a Certificate of Appreciation for TRANSPORTATION
Jerry Parkin for his years of service on the Transportation COMMISSION -
Commission. CERTIFICATE OF
APPRECIATION
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President Clayton asked if there were any questions from the QUESTIONS FROM
audience; there were none. THE AUDIENCE
President Clayton explained the Consent Agenda, and stated CONSENT AGENDA
that anyone from the audience or the Board could request that
an item be removed for full discussion. Trustee Shields noted
that, on Item XII. (G) , the correct units should be 7 and 9.
Moved by O'Reilly, seconded by Glover, to approve Resolution RESOLUTION
##86-33, establishing an investment account with Blunt, Ellis ##86-33
and Loewi, Incorporated for the Village's Water Fund Sinking (investment
Fund Reserve Account. This resolution establishes an invest- account)
ment account for the fund to facilitate the current government
securities investment program. Upon roll call, Trustees voted
as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to approve the Develop- BUFFALO GROVE
ment Improvement Agreement for the Buffalo Grove Commerce COMMERCE
Center, Lot 2. The Village Engineer recommends approval of CENTER (DIA)
this Development Improvement Agreement for the subject project.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to approve the Final B.G.COMMERCE
Acceptance for the Buffalo Grove Commerce Center, Lot 24. This CENTER LOT 24
development has been completed and final acceptance is recommended (final
by the Village Engineer. Upon roll call, Trustees voted as follows: acceptance)
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to approve the Plat of BUSCH PARKWAY
Dedication for Busch Parkway. Approval of this plat is (Plat of
recommended by the Village Engineer subject to addition of the Dedication)
required interior angle at the southeast corner. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to accept the Fire Pension FIRE PENSION
Fund Annual Report. This annual report of the Village's Fire- FUND ANNUAL
men's Pension Fund for the fiscal year ended April 30, 1986, is REPORT
submitted for the Board's information and acceptance. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried. „
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Moved by O'Reilly, seconded by Glover, to approve the WOODSTONE
Appearance Commission recommendation reference Woodstone (aesthetics)
landscaping/fence, color package. The Appearance Commission
recommends approval of these aesthetic elements of the
subject project. Upon roll call, Trustees vote as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to approve the ASTOR PLACE
Appearance Commission recommendation reference Astor Place, (aesthetics)
models for Units 7 and 9, ground sign. The Appearance Commission
recommends approval of these aesthetic elements of the subject
project. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
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Moved by O'Reilly, seconded by Glover, to approve the STEEPLE VIEW
Appearance Commission recommendation reference Steeple View (aesthetics)
ground sign and dumpster screening. The Appearance Commission
recommends approval of these aesthetic elements of the subject
project. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to approve the VINTAGE OF
Appearance Commission recommendation reference Vintage of BUFFALO GROVE
Buffalo Grove new elevation. Upon roll call, Trustees voted (elevation)
as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Glover, to approve the Final WOODSTONE
Plat of Subdivision for Woodstone Townhomes. Engineering TOWNHOMES
approval of this project is recommended subject to the (Final Plat
conditions set forth in the Village Engineer's memorandum of Subdivision)
of May 1, 1986. 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 Marienthal, to pass Ordinance ORDINANCE
#86-29, approving an Annexation Agreement (Old Farm Village II) . #86-29
Mr. Balling summarized his discussions with the County regarding (Old FarmVillage II)
Aptakisic and Prairie Roads, stating that there is a level of
concern by the County that there is no participation by the developer
on this intersection. The program for Aptakisic Road is a long-term
issue.
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In answer to a question from Trustee Kowalski, Mr. Piggott
stated that they do not have any plans for going further west
with this development.
Further discussion by the Board on the Aptakisic/Prairie
intersection followed.
Mr. Freedman stated that they believe that the Aptakisic/Weiland
( intersection is an obligation of theirs and they are prepared to
participate in the improvement; however, they do not believe that
they impact Prairie at all, and he urged the Board to accept the
Agreement in its present form.
President Clayton polled the Board: "Yes" indicates favor of
requiring the developer to participate in improvement of Aptakisic
and Prairie Road; "No" indicates opposition:
YES: Marienthal
NO: O'Reilly, Glover, Reid, Shields, Kowalski
Trustee O'Reilly asked if the Park District donation meets
criteria without the Aptakisic-Tripp detention, to which Mr.
Balling answered affirmatively.
In response to a request from Trustee O'Reilly, it was agreed by
all that the last phrase in Item C. on Page 13 of the Agreement
should read "as soon as warranted." rather than "if warranted."
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.
Mr. Raysa introduced Mr. Richard Skelton, an associate in Mr.
Raysa's firm, to the Board.
Moved by Glover, seconded by O'Reilly, to pass Ordinance #86-30, ORDINANCE
annexing certain territory to the Village of Buffalo Grove, #86-30
Illinois (Old Farm Village II) . Mr. Raysa recommended to the (Old Farm
Board that, if it is determined that Irving Trust is a land Village II)
trustee within the confines of the State Statutes, the developer
on behalf of the owner should commit to a letter supplementing
the Petition for Annexation identifying the beneficiaries' names
and addresses pursuant to State Statutes. Mr. Freedman stated
that he does not believe that it is, but if it is, they will be
happy to provide the names and addresses .
Trustee Glover amended the Ordinance to state that, if it is a
land trust, the developer will provide the names and addresses
of the beneficiaries; Trustee O'Reilly seconded the amendment.
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.
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Moved by Glover, seconded by O'Reilly, to pass Ordinance ORDINANCE
#86-31, amending the Comprehensive Zoning Ordinance of the #86-31
Village of Buffalo Grove, Cook and Lake Counties, Illinois (Old Farm
(Old Farm Village II) . Upon roll call, Trustees voted as Village II)
follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Ordinance ORDINANCE
#86-32, establishing authorizing Appropriations for the Village #86-32
of Buffalo Grove for the period May 1, 1986 through April 30, (Appropriations)
1987.
Mr. Balling and Mr. Brimm answered a question on the proposed
ordinance from Trustee O'Reilly, Trustee O'Reilly asked that
there be uniformity in identifying professional training for
both the Police and Fire Departments.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Reid, to pass Resolution #86-34, RESOLUTION
supporting the planning and implementation of improvements to #86-34
Lake County's Des Plaines River Wastwater Treatment Plant. (Lake County
Upon roll call, Trustees voted as follows: Treatment
Plant)
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by O'Reilly, to pass Resolution RESOLUTION
#86-35, approving an Engineering Agreement to provide Pavement #86-35
Evaluation Services. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by Marienthal, seconded by O'Reilly, to pass Resolution RESOLUTION
#86-36, a resolution for Improvement by Municipality under the #86-36
Illinois Highway Code, with an upset dollar amount of $29,000.
Upon roll call, Trustees voted as follows:
�•/ AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. Balling introduced Rita Athas and Bill Abel of the Northwest NORTHWEST
Municipal Conference, who were present to give the Board an MUNICIPAL
overview of the Conference. CONFERENCE
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Rita Athas, Assistant Director of the Northwest Municipal
Conference, explained some of the programs offered by the
Conference, and clarified where the dues are spent. Rita
Athas highlighted the NWMC Program Summary 1986-1987, which
was distributed to the Board at this meeting, and is on file
in the Clerk's office.
Bill Abel distributed and reviewed a booklet entitled Solid
Waste Management, Task G, Executive Summary 12-18-85, a copy
of which is on file in the Clerk's office.
President Clayton thanked Rita Athas and Bill Abel for their
presentation.
Mr. Rigsby reviewed his memo to Mr. Balling of April 30, 1986 FIRE ENGINE
with regard to Engine 213 - 1969 International 1250 GPM Howe 213 RETROFIT
Pumper.
Moved by Marienthal, seconded by Reid, to direct staff to proceed
under the idea of pursuing proposal #3 in Mr. Rigsby's April 30,
1986 memo with an upset figure not to exceed $29,000.00, and that
there would be a waiver of bids on this particular item, because
this would be a negotiated item.
Trustee Glover concurs with the recommendation of going with
Alternative #3, but he does have a concern with waiving bids.
Mr. Rigsby explained the hardship that would be caused by going
through the bidding process. Mr. Balling also commented on the
bid waiver, and the positive aspects of same. It was noted that
staff will talk to no less than six qualified suppliers.
Trustee Glover noted that, whenever a waiver of bid is requested,
he believes the reason for that request should be noted in the
staff memo.
Trustee Kowalski asked some questions regarding this project, which
were answered by Mr. Rigsby.
Mr. Rigsby confirmed to Trustee O'Reilly that this will come back
to the Board before final action is taken.
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.
President Clayton declared a recess from 8:54 P.M. until 9:04 P.M. RECESS
Richard Jacklow, representing Oil Pro, made a brief presentation OIL PRO
to the Board explaining his request. Mr. Truesdell's memo to Mr.
Balling of April 30, 1986 outlines the Oil Pro request.
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Trustee Glover questioned setbacks; Mr. Truesdell stated that he
will check on the setbacks.
Mr. Jacklow distributed pictures to the Board showing an Oil Pro
in Mt. Prospect.
Mr. Raysa commented on the court decree regarding this property,
noting that the court decree does not cover this type of a use.
There was discussion by the Board, and the following comments
were made: the Plan Commission should evaluate the desirability
of the access easement connecting Dundee Road and lots 1, 2, 3,
and 4 of the Dominion Subdivision; the Plan Commission should evaluate
setbacks of the St. Paul Federal Savings, and also the Schwinn dealer
to ensure that there is compatability; stacking of cars waiting for
service should be thoroughly evaluated by the Plan Commission.
Moved by Glover, seconded by O'Reilly, to refer the Oil Pro proposal
to the Plan Commission for their review. Upon roll call, Trustees
voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. Truesdell reviewed his memo to Mr. Balling of April 30, 1986, TRANSPORTATION
to which is attached the Village of Buffalo Grove Transportation PLAN PROPOSAL
Plan dated April 15, 1986 from Kenneth G. Carmignani, Vice Presi-
dent of James J. Benes and Associates, Inc. Discussion on this
report followed.
Mr. Balling asked for clarification as to whether or not it is the
Board's desire for staff to pursue this further, but to define a
more precise payback. It was determined that Mr. Balling will come
back to the Board with a supplemental report which will carry a
recommendation.
Mr. Lieberman made a few comments to the Board, with a brief TOWN CENTER
update on the Town Center. Mr. Lieberman stated that he has (TIF)
obtained a contract on the parcel of land that gives them the
window to Lake-Cook Road, and they have also obtained a contract
on the Henderson parcel. There are two small parcels of land
which they are having some difficulty negotiating; the rest of
the parcel is contiguous from north to south. There are a total
of nine land owners on this parcel; the developer now either owns
or controls 511/2 acres of the 541 acre site. The developer delivered
a revised plan to Mr. Truesdell last week, and this plan shows a
larger Village Green area. The retail in the development will be
in excess of 200,000 square feet; it will be very upscale and have
very dramatic landscaping; the TIF district is essential to the
project.
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Mr. Marc Schwartz, attorney representing Mr. Lieberman,
addressed the Board regarding a TIF (Tax Increment Financing)
district for this parcel. Mr. Schwartz stated that, if the
Village is interested in pursuing a TIF district, it is important
that they get certain amendments to the State Legislature before
the session ends at the end of June, which means that they have
to be there by the end of May.
Mr. Schwartz's letter of April 16, 1986, to Mr. Balling, and a
letter from James H. Ryan, special counsel, to Mr. Schwartz
dated April 15, 1986, are on file in the Clerk's office.
Mr. Schwartz confirmed to President Clayton that only public
improvements, not private, would be included in the TIF.
Discussion then followed on the length of the TIF district.
Mr. Lieberman stated that they will have the ultimate say regarding
the architecture; they will be managing the Center; they are bringing
in an expert for the retail leasing; they will be doing the apart-
ment phase of the residential; they will be managing the real estate;
they will not be doing the leasing; there will be one joint venture
partner doing the retailing.
There was a great deal of discussion with regard to the impact and
reaction of other taxing bodies. In summary, the following are
items on which the Board would like more information:
. . .a draft Memorandum of Intent Resolution;
. . .an expense analysis on the Village and all other governmental districts
to evaluate the cost for services;
. . .revenue projections which accurately depict the major revenue streams
and revenue generation of the TIF revenues;
. . .criteria used to qualify the Town Center for a TIF district;
. . .a concept debt service schedule for the TIF district.
Mr. Schwartz stated that they would like an endorsement from the
Village that, if the developer can have the appropriate legislation
adopted by the State, they will stand behind Tax Increment Financing.
Mr. Lieberman stated that, if they do go through the State, there
will be a tremendous amount of cost because of the legal work.
Mr. Schwartz stated that they will have the desired information for
the Board for the May 19, 1986 Regular Meeting.
President Clayton polled the Board: "Yes" would indicate favor of
pursuing further the Tax Increment Financing proposal, asking the
developer to come back with an impact study on the various districts,
including the Village; "No" indicates opposition:
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Marienthal - Can't give a "Yes" or "No" at this point without
additional information.
O'Reilly - No
Glover - Yes - to seek additional information.
Reid - Yes - to seek additional information.
Shields - Yes - to seek additional information.
Kowalski - No
Trustee Marienthal then changed his vote to an abstention.
President Clayton stated that her vote will be "Yes" if needed.
President Clayton noted that this item will be on the May 19,
1986 agenda.
Trustee O'Reilly stated that she voted against the Warrant WARRANT
because there was an item which was not a budgeted item, and DISCUSSION
because this item was taken out of two different accounts; she
stated that she does not have a problem with the expenditure,
but she does have a problem with the manner in which it was
handled.
President Clayton stated that it was her understanding that this
item was a part of the on-going maintenance in the Village.
Mr. Balling stated that he circulated a memo to the Board at the
beginning of the year noting the upcoming redecoration of this
office, i.e. the Village President's office. Mr. Balling stated
that he did not see this as a material expense to bring before the
Board; he stated that the points of the Trustees are noted, and
such expenses will be brought before them in the future.
Trustee Marienthal stated that he did not have a problem with
the expenditure itself, but he did have a problem with the fact
that the Board was never advised of this expenditure until it was
on the Warrant.
Trustee Kowalski stated that she supports Trustee O'Reilly; she
does not disagree with the expense, but she is disappointed with
the way it was done, and she takes it as a lack of respect for
the Trustees.
Trustee Glover stated that there is a point where things have
to be delegated to the Village Manager, and perhaps there should
be a monetary limit set on what he is allowed to do without bringing
it before the Board.
Trustee O'Reilly stated that she believes that it is peculiar that
these two items came in on the last two warrants of the fiscal year,
and she believes that these expenses fell within the parameters of
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the budget process; she stated that she works very diligently
on the budgetary process, and she does not want to see it
shoved aside when it is convenient. Trustee O'Reilly stated
that she believes that the Board should have been advised of
this expense, and that it was to come out of another account.
Mr. Doyle stated that it was his intent to charge these items to
` J the "All Other Expense" account in the Legislative Account.
President Clayton stated that she thinks that the office looks
a great deal better; she meets with many people in that office,
and she thinks that the image of the office is very important.
President Clayton stated that she was told by a visitor that
the office looks more like an office now than a storeroom; she
believes that this is a benefit to the Village Hall and to
future Presidents of the Village.
Moved by Glover, seconded by O'Reilly, to move to Executive EXECUTIVE
Session to discuss litigation. Upon roll call, Trustees SESSION
voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by Reid, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 11:18 P.M. The Executive Session
terminated at 11:35 P.M.
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JANET Nf:" SIRABIAN, VILLAGE CLERK
APPROVED BY ME THIS DAY
OF V , 1986.
VILLAGE PRESIDENT
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