1986-08-18 - Village Board Regular Meeting - Minutes 6954
8/18/86
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 18, 1986.
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, O'Reilly, Glover, Reid, Shields, and
Kowalski. Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; William Brimm, Finance Director;
Raymond Rigsby, Superintendent of Public Works; Richard Kuenkler,
Village Engineer; James Truesdell, Village Planner; and Paul
Kochendorfer, Village Treasurer.
Moved by Reid, seconded by Kowalski, to approve the minutes of APPROVAL OF
the August 4, 1986 Regular Meeting. Upon roll call, Trustees MINUTES
voted as follows:
AYES: 4 - Marienthal, Reid, Kowalski, President Clayton
NAYES: 0 - None
ABSTAIN: 3 - O'Reilly, Glover, Shields
Motion declared carried.
Mr. Kochendorfer read Warrant #580. Moved by O'Reilly, WARRANT #580
seconded by Glover, to approve Warrant #580 in the amount of
$730,909.44, 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 appointed Dr. Mark Ryerson to the Zoning ZBA APPOINTMENT
Board of Appeals for a term to expire April 30, 1991. Moved
by O'Reilly, seconded by Reid, to concur with President Clayton's
appointment. Upon voice vote, the motion was unanimously declared
carried.
President Clayton introduced Dr. Ryerson to the Board, and
thanked him for his willingness to serve the Village as a
commissioner.
President Clayton appointed Jeffrey Braiman to the Transporta- TRANSPORTATION
tion Commission for a term to expire April 30, 1987. Moved by COMMISSION
Reid, seconded by O'Reilly, to concur with President Clayton's APPOINTMENT
appointment. Upon voice vote, the motion was unanimously
declared carried. President Clayton noted that the Village
appreciates Mr. Braiman's desire to devote his time to the
Village.
Trustee Marienthal stated that, with the construction at ROUTE 83/BUFFALO
Route 83 and Buffalo Grove Road, the traffic signals are GROVE ROAD
not timed properly, and a traffic back-up occurs at that
intersection. Mr. Balling will check into the matter and
report back to the Board.
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8/18/86
Mr. Balling noted the submission of the Management Report for MANAGEMENT
the month of July, and answered a question from the Board on REPORT
same.
Mr. Balling explained the Appearance Commission recommendation CANDLEWOOD CREEK
of August 14, 1986 for the single family residence on one of
the two remaining vacant lots in the Candlewood Creek subdivision;
this is a single property owner wishing to build a custom house
in Candlewood Creek. Mr. Balling asked that the Board consider
the affirmative recommendation of the Appearance Commission for
this property.
Trustee O'Reilly questioned the number of Appearance Commissioners
constituting a quorum. It was determined that Mr. Raysa would
investigate and report to the Board later on in the meeting.
President Clayton read a Commendation for Firefighter/Paramedic FIRE DEPARTMENT
Timothy Sashko; she then presented the Commendation to Timothy COMMENDATION
Sashko, and noted how pleased the Board is with the staff pro-
fessionalism.
President Clayton then appointed James Goldman as a Paid-On- FIRE DEPARTMENT
Call Lieutenant in the Fire Department. President Clayton APPOINTMENT
congratulated James Goldman and presented him with him uniform.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. THE AUDIENCE
Mr. Rob Sherman noted his concern with the statement which
was made at the last Board meeting indicating that there is
something wrong with someone who shops between Midnight and
8:00 A.M. , and urged the Board to pass the proposed ordinance
regarding hours of operation in food stores.
President Clayton explained the Consent Agenda and noted that CONSENT AGENDA
any member of the audience or the Board could request that an
item be removed for full discussion. It was requested that
Item XI. , C. be removed.
Moved by Marienthal, seconded by Reid, to approve Resolution RESOLUTION
#86-54, a resolution requesting the County of Cook not to #86-54
Collect the loss in collection on taxable property in the (Collection of
Village of Buffalo Grove. This resolution requests that an taxes)
additional levy not be made by the Cook County Clerk's office
to offset taxes lost by non-collection. Due to the Village's
historically high levels of collection, this same action has
been taken since the 1980 tax levy. 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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8/18/86
Moved by Marienthal, seconded by Reid, to approve Resolution RESOLUTION
#86-55, a resolution approving and authorizing the execution #86-55
of an Intergovernmental Cooperation Agreement with the Village (Intergovernmental
of Woodridge, the Illinois Municipal League and Other Units of Cooperation
Local Government. This resolution authorizes the Village to Agreement)
participate in the Illinois Municipal League Pooled Loan Program
as described in the Intergovernmental Agreement. The execution
of the agreement creates no obligation on the part of the Village,
but provides another financing option to the Village. 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 Reid, to approve the final HIGHLAND POINT
acceptance for Highland Point Unit 6. This project has been UNIT 6
completed and final acceptance is recommended by the Village. (Final Acceptance)
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Trustee Marienthal introduced the proposed ordinance, and Mr. ORDINANCE #86-48
Brimm made a short presentation on same. Trustee O'Reilly (Tax Levy &
complimented Mr. Brimm on the thoroughness of the report. Collection)
Moved by Marienthal, seconded by O'Reilly, to pass Ordinance
#86-48 for the levy and collection of taxes for the fiscal year
commencing on the first day of May, 1986, and ending on the 30th
day of April, 1987. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Trustee Glover introduced the proposed ordinance, and compli- ORDINANCE #86-49
mented the staff and the Plan Commission on all of their hard (Comprehensive
work. Plan)
Mr. Truesdell then made a presentation on the Comprehensive
Plan, reviewing the procedures and the proposed changes.
President Chuck Smith of Riverwoods presented objections to the
proposed plan, most importantly concerns with the area east of
Milwaukee Avenue; he distributed formal written objections, which
were adopted by motion of the Riverwoods Village Board, and
reviewed these written objections.
Mr. Truesdell commented on the flood plain ordinance in Buffalo
Grove.
Mr. Truesdell stated that copies of the Comprehensive Plan were
sent to all surrounding Villages, as well as all affected agencies.
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8/18/86
Trustee O'Reilly asked some questions regarding the Comprehensive
Plan, which were answered by Mr. Truesdell. Trustee O'Reilly stated
that one strong disagreement which she has with the plan is the change
of the community park site.
Trustee Marienthal and Trustee Kowalski also had questions on the
Plan, which were answered by Mr. Truesdell; they also had specific
concerns regarding the parks.
In answer to a question from President Clayton, Mr. Truesdell
stated that he does anticipate that most of the park donation will
be in land rather than in cash.
Trustee Glover shares the concerns and disappointments of the other
Trustees regarding the community park site, and he is disappointed
that the Park Board eliminated it from their Comprehensive Plan,
but he realizes that the Village has to use the best planning tools
available.
There was discussion as to possible annexation of certain areas,
and President Clayton reiterated the fact that the Village will
consider annexation petitions, but does not wish to forcibly
annex anyone.
Trustee Reid commented on the coumiunity park, stating that he
believes it would be a desirable area, and hopes that the Park
Board would reconsider their plan.
Trustee Marienthal again commented on the park site.
Mr. Rob Sherman encouraged the Board to consider the southeast
corner of Dundee and Old Arlington Heights Road as single-family.
President Clayton stated that that area has been zoned multi-family
for over 10 years.
Mr. Jim Losik, Administrative Assistant for Planning and Zoning for
the Village of Lincolnshire, stated objections from the Village of
Lincolnshire to the Comprehensive Plan as proposed, specifically the
area north of Aptakisic Road; he stated that the Comprehensive Plan
for the Village of Lincolnshire shows residential on the east side
of Milwaukee Avenue (multi-family) .
President Smith of Riverwoods stated that Riverwoods has the east
side of Milwaukee Avenue zoned as single-family residential.
Trustee Glover stated that this is a planning tool, and that this
is a very comprehensive plan, and provides excellent guidelines
for development.
Moved by Glover, seconded by Marienthal, to pass Ordinance #86-49,
adopting an Official Comprehensive Plan and an Official Map.
Trustee O'Reilly asked for a polling on the question of the green
space surrounded by Busch/Route 83/Buffalo Grove Road extended.
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8/18/86
President Clayton polled the Board: "Yes" indicates favor of
leaving it as it is in the proposed plan; "No" indicates opposition,
or green space:
YES: Marienthal*, Glover, Reid**, Shields
NO: O'Reilly, Kowalski
*Only to a portion of it.
**With the consideration for the two parcels on the eastern side.
President Clayton polled the Board: "Yes" indicates favor of
having half of the property as open space (changing all to the
east as green) ; "No" indicates opposition:
YES: Marienthal, Glover, Reid, Shields, Kowalski
NO: O'Reilly
Trustee Glover amended the motion to have half of the property
surrounded by Busch/Route 83/Buffalo Grove Road extended, as green
space, with recalculations of the affected figures; Trustee Marienthal
seconded the amendment.
Mr. Raysa pointed out that the Comprehensive Plan is an advisory
document.
President Clayton pointed out that the motion is to adopt the
Comprehensive Plan with the changes noted on the commonly noted
"Busch Common" parcel.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Glover, Reid, Shields, Kowalski*
NAYES: 1 - O'Reilly
*With some reservations. This is not encased in concrete, and she
does not want to see this presented to the Board as such by a
developer.
Motion declared carried.
Mr. Balling stated that there will be some readjustment of the
printing budget in order to get this document printed, but the
budget will not be exceeded.
Mr. Balling and President Clayton both thanked Mr. Truesdell and the
Plan Commission for the many hours spent on this document, noting
that this is a professionally done in-house document.
Moved by Marienthal, seconded by Glover, to pass Ordinance ORDINANCE #86-50
#86-50, levying and imposing a Hotel and Motel Tax in the (Hotel/Motel Tax)
Village of Buffalo Grove, and establishing the administration
and enforcement for the collection of a Hotel and Motel Tax,
with the changes recommended by the Village Attorney as follows:
Page 1. Section 1.3.28.010 - The words "hotel" and "motel" shall
be in quotes.
Page 2. Last paragraph - the word "If" shall be inserted at
the beginning of the paragraph.
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Page 3. Last line shall read: "Chapter 1.08 of this Code."
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Page 4. Section 2. shall read: "This ordinance shall be in
full force and effect from and after it's passage, approval,
and publication in the manner provided by law."
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 8:55 P.M. until 9:18 P.M. RECESS
President Clayton noted that the proposed ordinance only relates ORDINANCE
to the Jewel Food Store because Dominick's presently falls under #86-51
the existing law. (24 hour
operation)
Trustee Marienthal stated that he has a problem with changing one
particular section of the ordinance since it was defeated at the
last meeting, and should be brought up for reconsideration by the
prevailing side. Mr. Balling explained the reasons that the material
change was made in the ordinance so that it could be considered by
the full Board; he stated that the originally proposed ordinance is
available tonight, should the prevailing side wish to reconsider same.
Trustee O'Reilly commented on the procedures which have been followed;
she personally thinks that both Jewel and Dominick's should be open
24 hours if they so desire, but she thinks that the presentation of
a new ordinance tonight is inappropriate.
Trustee Kowalski stated that she was fully prepared to bring the
issue up for reconsideration, until she found out that a new
ordinance had been written; however, with regard to the originally
proposed ordinance, she will make a motion to reconsider.
President Clayton commended Trustee Kowalski for bringing up the
proposed ordinance for reconsideration so that the entire Board
will have the benefit of voting.
Moved by Kowalski, seconded by Marienthal, to reconsider Ordinance
#86-51, establishing hours of operation for Retail Food Stores, as
originally presented on August 4, 1986.
Trustee Glover noted that there was not a cover letter with the
newly proposed ordinance, pointing out that there was a change.
Upon voice vote, the motion was unanimously declared carried.
Moved by Marienthal, seconded by O'Reilly, to pass Ordinance
#86-51, establishing hours of operation for Retail Food Stores,
as originally presented on August 4, 1986.
Trustee Shields wished to go on record as being opposed to the
24 hour operation.
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8/18/86
Several Trustees and members of the Plan Commission commented on
the phone calls which they have received, both pro and con, regarding
this issue.
Several residents surrounding the Dominick's store commented on
the fact that the lights are disturbing, particularly the orange
sign.
President Clayton again pointed out that the proposed ordinance
does not affect Dominick's, since Dominick's does not fall within
80' of a residential area.
Trustee Glover stated that the Village appreciates the cooperation
received from Dominick's.
Trustee Marienthal asked Mr. Roti to check into changing the intensity
of the illumination of the Dominick's logo sign; Mr. Roti will
investigate the suggestion with the proper parties. Trustee
Marienthal asked that a report be brought back to the Board in
30 days.
Upon roll call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, O'Reilly, Glover, Reid
NAYES: 2 - Shields, Kowalski
Motion declared carried.
President Clayton confirmed that the Board will hear back from
Dominick's regarding the possibility of dimming the Dominick's
sign. Mr. Balling informed residents who wished to be notified
that they could leave their names with Mr. Truesdell. 1
Moved by Marienthal, seconded by Reid, to pass Resolution #86-56, RESOLUTION
establishing a time and place for a Public Hearing concerning a #86-56
Tax Increment Financing Redevelopment Plan and Project, and (TIF)
directing that a Notice be provided. Upon roll call, Trustees
voted as follows:
AYES: 4 - Marienthal, Glover, Reid, Shields
NAYES: 2 - O'Reilly, Kowalski
Motion declared carried.
Moved by Marienthal, seconded by Glover, to pass Resolution RESOLUTION
#86-57, authorizing the Village of Buffalo Grove, Illinois to #86-57
enter into an Agreement by and between the Village of Buffalo (Revenue Bonds)
Grove and the Illinois Development Finance Authority (the
"Authority") , with respect to the issuance of revenue bonds by
the Authority to finance industrial, commercial, and manufacturing
projects in order to promote economic development throughout the
State of Illinois.
Mr. Brimm answered questions from Trustee O'Reilly regarding this
issue.
6961
8/18/86
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. Raysa presented the Board with an update on the Riverwoods RIVERWOODS
versus Buffalo Grove and Trammell Crow litigation. VERSUS
BUFFALO GROVE
Moved by Glover, seconded by Reid, to direct the Village Attorney
to draft an appeal to Case No. 86 MR 63. Upon roll call, Trustees
voted as follows:
AYES: 4 - Marienthal, Glover, Reid, Shields
NAYES: 2 - O'Reilly, Kowalski
Motion declared carried.
Trustee Glover introduced the subject. WESTCHESTER
ESTATES
Mr. Jerome Meister, attorney representing the developer,
Scarsdale Development, introduced himself to the Board.
Mr. John Green, architect, made a presentation to the Board
regarding the newly proposed plan, briefly reviewing the old
plan and then the new plan. Mr. Meister then reviewed the
background on this property.
Trustee Marienthal stated that this project has come a long way,
and he is happy to see the changes, and he believes this will
increase the value of the surrounding properties.
Trustee Glover agrees with Trustee Marienthal that this is a vast
improvement; he asked a question regarding active park use, which
was answered by Mr. Green, stating that the new plan will be repre-
sented to the Park District.
Trustee Glover also stated that he hoped that engineering design
for the wet detention area, particularly the high water table, etc.
will be presented to the Plan Commission.
Mr. Meister stated that a thorough presentation will be made to
the Plan Commission.
In answer to a question from Trustee Kowalski, Mr. Balling stated
that maintenance of the detention will not be an easy issue to
resolve.
�•/ Trustee O'Reilly commented on the ownership of the lakes; she has
a concern on the slopes of the detention area, to which Mr. Green
responded; she is concerned about pedestrian access, to which Mr.
Green also responded.
A prospective buyer asked a question of the developer, and Mr. Green
suggested that the gentleman get together with Mr. Morelli.
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8/18/86
Moved by Glover, seconded by Reid, to refer Westchester Estates
to the Plan Commission. Upon voice vote, the motion was unanimously
declared carried.
President Clayton stated that perhaps there should be a change in
the ordinance to require that money donated to the Park District
be used for the purchase of park land, and suggested that perhaps
that should be discussed on a future agenda.
Mr. Dziengelewski, representing Taco Bell, brought the Board up TACO BELL
1 to date on the proposed plan, stating that the plan presented
tonight is virtually a new plan.
Moved by Glover, seconded by O'Reilly to refer the Taco Bell
(Ranchmart) Plan to the Plan Commission.
Mr. Dziengelewski reviewed the traffic pattern for Trustee O'Reilly,
specifically with regard to cars exiting into the parking lot.
Trustee Reid noted a concern with regard to the stacking space.
Upon voice vote, the motion was unanimously declared carried.
Mr. Donald Morrison stated that the Board had agreed to consider MORRISON
a plan with 65 lots; he reviewed the situation to date. Mr. PROPERTY
Morrison stated that, prior to the litigation which took place,
it was vitally necessary, in order to be successful in that
litigation, that they come in to the Village with no pre-conditions,
without any statements of any kind, which was what he tried to make
clear at the previous meeting. When they looked at the property in
the beginning, they looked at a piece of property lying between
highly developed property in Buffalo Grove, and one-acre lots in
Long Grove, and determined that there should be some sort of a
reasonable transition between the two properties.
Mr. Morrison stated that they must go with 65 lots for various
reasons, and they have three plans to present, and they hope that
the Board will like at least one of them. Mr. Morrison then
reviewed the surrounding property.
1 Trustee Glover responded to Mr. Morrison's comments; he stated
that this property lends itself to the development of one-acre
lots; he is not in a position to compromise on the one-acre lots.
In answer to a question from Trustee Reid, Mr. Raysa stated that,
if Long Grove were to win on an appeal, the subject property would
not be annexed to Buffalo Grove. Mr. Raysa brought the Board up to
date on the litigation in this case.
Mr. Raysa confirmed for President Clayton that the greatest exposure
that the Village would have in this case would be that they would
have outside water customers.
Trustee Kowalski reiterated the fact that she wants to see one-acre
lots on this property.
6963
8/18/86
Mr. Morrison pointed out that when he originally requested
annexation, he stated that they did not wish to come into the
Village with any pre-conditions. Mr. Morrison read from a
verbatim transcript of the original meeting which he had;
Trustee O'Reilly asked for a copy of the verbatim transcript
held by Mr. Morrison.
Trustee O'Reilly stated that less than one-acre lots was not what
was portrayed to the Board, and she is not willing to go with less
than one-acre lots.
In answer to a question from Trustee Shields, Mr. Morrison stated
that an acre consists of 43,550 square feet.
Trustee Marienthal stated that his recollection of the earlier
meeting is that it was portrayed to the Board that there would
be one-acre lots, and a plan for same would be presented to the
Board; he is very disappointed not to see one-acre lots; he
suggests that Mr. Morrison go back to the drawing board, because
when he voted at the previous meeting, he was voting for one-acre
lots.
Mr. Morrison stated that it is very difficult to make a good develop-
ment of one-acre lots on this property because of the configuration
of the property. Mr. Morrison stated that it will not work well
with one-acre lots. Mr. Morrison stated that he is unable to
combine with the adjoining landowners.
Mr. Raysa stated that this item should have the following BUFFALO GROVE
language inserted: "subject to payment of any and all fees COMMERCE CENTER
being or owing the Village and/or Village Attorney with regard (Industial
to Industrial Towel & Uniform project and bond." Towel &
Uniform - DIA)
Moved by Marienthal, seconded by Reid, to approve the Development
Improvement Agreement for the Buffalo Grove Commerce Center,
Lot 29 (Industrial Towel and Uniform) , with the addition of the
above language recommended by the Village Attorney. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. Raysa stated that a quorum of 3 is required at the Appearance CANDLEWOOD
Commission. CREEK
Moved by Glover, seconded by Reid, to approve the Appearance
Commission recommendation regarding Candlewood Creek. 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 Glover, seconded by Reid, to move to Executive Session EXECUTIVE
to discuss Collective Negotiating Matters, Litigation, and SESSION
Employment. 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 adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 11:03 P.M.
`,\\QsakL l�i z,u;ki+ct u
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS `&t:r.. DAY OF
, 1986.
Village President