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1986-11-03 - Village Board Regular Meeting - Minutes 6993 11/3/86 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, NOVEMBER 3, 1986 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; William Brimm, Finance Director; Greg Boysen, Director of Public Works; Ray Rigsby, Superintendent of Public Works; Richard Kuenkler, Village Engineer; James Trues- dell, Village Planner; Fire Chief Winter; and Paul Kochendorfer, Village Treasurer. Moved by O'Reilly, seconded by Reid, to approve the minutes of APPROVAL OF the October 20, 1986, Regular Meeting. Upon roll call, Trustees MINUTES voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Kochendorfer read Warrant #585. Moved by Marienthal, WARRANT #585 seconded by Reid, to approve Warrant #585 in the amount of $626, 174.27, 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 Brian Rubin to the Appearance Commis- COMMISSION sion for a term to expire April 30, 1988. Moved by O'Reilly, APPOINTMENT seconded by Reid, to concur with President Clayton's appointment. Upon voice vote, the motion was unanimously declared carried. President Clayton introduced Mr. Rubin to the audience and the Board, and thanked him for his interest in serving on a Commission. President Clayton appointed Rochelle Begel to the Transportation Commission for a term to expire April 30, 1988. Moved by Marienthal, seconded by Glover, to concur with President Clayton's appointment. l / Upon voice vote, the motion was unanimously declared carried. President Clayton introduced Mrs. Begel, and thanked her for her willingness to serve the Village. The Village Clerk reported on Student Government Day, which is STUDENT to be held on Monday, November 10, 1986. The students partic- GOVERNMENT ipating in Student Government Day were in the audience, and DAY each student introduced themselves and stated the position they are to fill. 1 6994 11/3/86 Trustee Reid presented the final report for Buffalo Grove Days BUFFALO 1986, information on which is contained in Mr. Brimm's memo GROVE DAYS to Mr. Balling of October 15, 1986. President Clayton commented that the Committee did a fine job, and asked that Trustee Reid express the thanks of the Board to the Committee. Trustee Marienthal also thanked Mr. Brimm for his time and effort with regard to Buffalo Grove Days. Trustee Kowalski asked Mr. Raysa to follow a Supreme Court case SUPREME regarding the City of Birmingham, Michigan being allowed to COURT CASE display a Nativity scene. Trustee Marienthal introduced two proposed resolutions for RESOLUTION Stevenson and Buffalo Grove High Schools, wishing them well #86-72 and in the upcoming State Pay-Offs. Trustee Marienthal asked #86-73 that, on the Resolution for Buffalo Grove High School, the word "unbeaten" be added where reference is made to their 1986 successful season. Moved by Marienthal, seconded by Glover, to pass Resolution #86-72 and Resolution #86-73 commending Stevenson and Buffalo Grove High Schools on their successful seasons, and wishing them well in the State Play-Offs. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Balling noted the 1986 Snow and Ice Control report; Mr. SNOW & ICE Rigsby made a brief comment on the report; there were no CONTROL REPORT questions on same. PUBLIC HEARING - LEIDER PROPERTY President Clayton read from the Notice of Public Hearing pub- lished in the Buffalo Grove Herald on October 18, 1986. President Clayton called the Public Hearing to order at 7:48 P.M. then noting the purpose of this Public Hearing. President Clayton then swore in John Mays, attorney, and Peter Manhard, engineer, to give testimony at this Public Hearing. Mr. Mays noted that this parcel consists of approximately 40 acres; the Annexation Agreement is divided in to Parcels A, B, and C; Parcel C is contiguous to Buffalo Grove; the Corporate Grove scheme of development is carried into this parcel; Parcel B is the actual facility on which the greenhouse exists today; Parcel A is basically vacant; the property is currently in the County, and is zoned both suburban residential and agricultural; the property to the north is industrial; the property to the south is the Corporate Grove; the property to the east is currently zoned suburban estate in the County; the property to the west is zoned light industrial in the County. The Annexation Agreement is basically the same as that of the Corporate Grove; they are asking for additional uses. 6995 11/3/86 President Clayton asked if there were any other agencies which would like to comment; there were none. Mr. Balling clarified three sections of the Annexation Agreement for the Board. Trustee Kowalski questioned Page 14 in the Annexation Agreement; it was noted that Exhibit E should be Exhibit F. President Clay- ton noted that corrections will be made before this item comes back to the Board for passage. Trustee Kowalski had a question on the bike path, which was ans- wered by Mr. Truesdell. Mr. Balling stated that the bike path is not a short-term project. President Clayton asked if there were other questions from the Board, there were none. President Clayton asked for questions from the public. Mr. Bruce Klefstad, developer of the property to the east, asked if there will be alignment of Asbury Drive. Mr. Mays answered that they will match the alignment of Asbury Drive as it is now proposed. A resident stated that she is in favor of some open land in the Village. President Clayton stated that this will be before the Board for passage on November 17, 1986. President Clayton closed the Public Hearing at 8:02 P.M. President Clayton asked if there were any questions from the QUESTIONS audience. Mr. Sherman asked if Buffalo Grove was anticipating FROM THE a Nativity scene; Trustee Kowalski stated that she will reserve AUDIENCE judgment until there is resolution of the pending case. President Clayton explained the Consent Agenda, stating that CONSENT any member of the Board or the audience could request that an AGENDA item be removed for full discussion. Mr. Sherman requested that Items XI. (C) , and XI. (G) , be removed from the Consent Agenda. Moved by O'Reilly, seconded by Glover, to adopt Resolution RESOLUTION #86-70, a resolution authorizing the delegate of Northwest #86-70 (Solid Municipal Conference to support implementation of the NWMC Waste Manage- Solid Waste Management Plan. Approval of this resolution ment Plan) permits the Village of Buffalo Grove to continue to pursue efforts with the NWMC to implement the proposed balefill in Hanover Township and other elements of the regional solid waste plan. Upon roll call, Trustee voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. . 6996 11/3/86 Moved by O'Reilly, seconded by Glover, to adopt Resolution RESOLUTION #86-71, a resolution approving an Agreement between Illinois #86-71 (IL 68 Department of Transportation and the Village of Buffalo Grove at Arlington for the construction of Illinois 68 at Arlington Heights Road. Heights Rd) This agreement provides for the funding and cost sharing of the above mentioned 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 award the bid for the WATER DISTRI- water distribution system variable frequency drive equipment BUTTON SYSTEM to Metropolitan Pump Company in the amount of $120,747. Staff VARIABLE FRE- recommends award to the low qualified bidder; this item will QUENCY DRIVE be under FY86-87 budget limits. Upon roll call, Trustees EQUIPMENT 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 award the bid for the UNIFORM RENTAL Public Works Uniform Rental Contract to Aratex Service Inc. in CONTRACT the amount of $12,271.60. Staff recommends award to the low (Award of Bid) qualified bidder. 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 Development DIA-TOYOMENKA Improvement Agreement and accept the Watermain Easement for Toyo- menka America Inc. Staff recommends approval of this DIA. 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 Appearance HIGHLANDS Commission recommendation for the Highlands Commercial (Busch COMMERCIAL & Weiland) architecture/materials/lighting/landscaping. The (Aesthetics) Appearance Commission recommends approval of the aesthetic elements of this project. 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 Appearance B.G. COMMERCE Commission recommendation reference the Buffalo Grove Commerce CENTER Center (Lots 26,27,28) architecture/materials (only) lighting/ (Aesthetics) landscaping. The Appearance Commission recommends approval of the aesthetic elements of this project. Upon roll call, Trustees voted as follows: 6997 11/3/86 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 Appearance OLD FARM Commission recommendation reference Old Farm Village, clubhouse/ VILLAGE pool (architecture & materials) lighting. The Appearance Commis- (aesthetics) sion recommends approval of the aesthetic element of this project. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. President Clayton read the proposed resolution. RESOLUTION #86-74 Moved by Shields, seconded by O'Reilly, to pass Resolution #86-74, commending Donald L. Hardt for service to the Village of Buffalo Grove as a member of the Appearance Commission, 1976-1986. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal,0'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. President Clayton noted that this Resolution, as well as a plaque, will be presented to Mr. Hardt at another time. Moved by Glover, seconded by Reid, to pass Ordinance #86-59, ORDINANCE annexing certain territory to the Village of Buffalo Grove #86-59 located on Buffalo Grove Road approximately 400' north of (Doetsch Checker Road (Paul Doetsch Property) , with changes proposed by Parcel) the Village Attorney. Mr. Raysa noted some changes to the proposed ordinance: In the title of the ordinance, the parenthesis should be placed after "Parcel" at the end of the title, and reference to the 1.9 acres should be stricken. In the legal description in Section 1. , the phrase "and also including any adjacent unincorporated rights-of-way" should be inserted after "Document Number 374979" in the next to last line. The Village Engineer has stated that the corporate limits on the west side of the parcel will need to be revised, and the motion should state "subject to the correct Plat of Annexation". In answer to a question from Trustee O'Reilly, Mr. Raysa stated that he has reviewed the written petition request. President Clayton noted that Public Notice was published in the Daily Herald on October 18, 1986. Upon roll call, Trustees voted as follows on the motion: 6998 11/3/86 AYES: 5 - Marienthal,O'Reilly, Glover, Reid, Shields NAYES: 1 - Kowalski Motion declared carried. President Clayton noted that Items XII. (C) and (D) on the Agenda TOWN CENTER will be reversed. Mr. Stan Lieberman, developer, read a statement with regard to the proposed Town Center. Mr. Marc Schwartz, attorney, gave a brief background presentation to the Board. Mr. Jerry Brim gave a presentation with regard to the land plan. Trustee Glover expressed appreciation to the Plan Commission for their extensive review of this project, and for the coop- eration of the developer. Trustee Glover then commented on the southern-most driveway, and Mr. Balling explained the design of that driveway; Mr. Brim also commented on the drive- way. Trustee Kowalski asked several questions of the developer, which were answered by Mr. Brim, Mr. Seymour Taxman, Mr. Barry Lindsay, Mr. Balling. Trustee Kowalski's questions regarded the Village Green, residential housing setbacks, berming, retail space, specialty food shops, customer draw, the marketing plan, and a five-story building. Trustee O'Reilly asked several questions: with regard to the retail market study, Mr. Truesdell stated that he believes that the B-5 requirement for the retail market study has been fulfilled; Mr. Brim answered questions regarding IDOT approval, and stated that the developer has agreed to donate 10' additional of right- of-way from the intersection of Lake-Cook Road along Route 83 north to the Jewel intersection, and 10' of the frontage which it has on Lake-Cook Road, which would provide the dual left-turn lane, if necessary; Mr. Truesdell answered questions with regard to the Town Center land use; Mr. Schwartz answered questions with regard to the five-story building; Mr. Balling answered questions with regard to the size of the units in the senior housing; Trustee O'Reilly's concern is that perhaps the Village should have an ordinance addres- sing this type of housing; Mr. Raysa stated that this land can be annexed even though the developer does not have control of each parcel of land. Trustee Marienthal also asked several questions: Mr. Kuenkler answered questions regarding the preliminary plan; Mr. Brim answered questions regarding parking; Mr. Taxman stated that they do not plan on marketing the units as condos, but as rental; with regard to phasing, Mr. Schwartz stated that they plan to begin construction in the spring, with a fall opening of 50-75% of the retail, and a fall opening of the multi-family, and possibly the senior housing, and that he outside limit on opening every- thing is September 30, 1990; Mr. Brim answered questions regarding 6999 11/3/86 the open space, berming, pavement treatment, and the height of the buildings with regard to line of sight. Trustee Glover commented on several concerns which had been raised at the Plan Commission. In answer to a question from President Clayton, Mr. Lindsay commented on their marketing studies and the reasons that they believe this site to be viable and successful. Mr. Tax- man noted that their immediate investment is over $16,000,000, which he believes indicates that they are confident that this center will be successful. Moved by Glover, seconded by Reid, to pass Ordinance #86-60, ORDINANCE amending the Comprehensive Zoning Ordinance of Buffalo Grove #86-60 with respect to the B-5 Sub-district. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shields NAYES: 2 - O'Reilly, Kowalski Motion declared carried. Moved by Glover, seconded by Reid, to pass Ordinance #86-61, ORDINANCE approving a B-5 Planned Unit Development Agreement for approx- #86-61 imately 55 acres located on Lake-Cook Road between Illinois Route 83 and Buffalo Grove Road (Town Center) . There should be the number "22." before the paragraph stating this ordinance shall be in full force and effect from and after its passage. Mr. Raysa also noted several typos in the ordinance. Trustee Glover amended the motion to include the changes noted by the Village Attorney; Trustee Reid seconded the amendments. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Marienthal, Glover, Reid, Shields NAYES: 2 - O'Reilly, Kowalski Motion declared carried. President Clayton declared a recess from 10:05 P.M. until 10:23 P.M. Mr. Schwartz thanked the Board and the staff for their extraordinary TAX INCRE- efforts in bringing this project to fruition. MENT FINANCING Mr. James Ryan then delievered a presentation regarding the Tax Increment Financing. Trustee Kowalski asked questions regarding the TIF District, which were answered by staff and the development team. 7000 11/3/86 President Clayton asked the developer to review again the time ORDINANCE period, stating that although the bonds guarantee that the #86-62 time cannot go longer than 10 years, but that it is expected to be shorter than 10 years; Mr. Ryan responded to President Clayton's request. Moved by Marienthal, seconded by Reid, to pass Ordinance #86-62, approving the Town Center District Taxing Increment Redevelop- ment Plan and Project. Mr. Raysa then stated that State Statutes state that the District may exist for up to 23 years, and the Village sets up the 10-year limit by Ordinance. Discussion on this scenario followed. It was determined by Mr. Raysa and Mr. Ryan that this could be handled in the Default Section by stating that no incremental taxes go into the incremental taxing fund after the end of the 10th year. 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 Ordinance #86-63 ORDINANCE designating Tax Increment Redevelopment Project Area. Upon #86-63 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 Ordinance #86-64 ORDINANCE adopting Tax Increment Allocation Financing. Upon roll call, #86-64 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 Ordinance #86-65 ORDINANCE respecting State Sales Tax Increment. Upon roll call, Trustees #86-65 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 Ordinance #86-66 ORDINANCE an Ordinance providing for the issuance of $8,500,000 TIF #86-66 Allocation Revenue Bonds, Series 1986 (Buffalo Grove Town Center District Tax Increment Redevelopment Project) , sub- ject to the provision that any bond holder cannot go against the increment after the 10th year, and also subject to the review and approval of the Village Attorney. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Reid, Shields NAYES: 2 - O'Reilly, Kowalski Motion declared carried. 7001 11/3/86 Mr. Bill Jingles representing Taco Bell, made a presentation ORDINANCE stating that the Preliminary Plan presented has come from #86-67 the concept plan previously proposed; he explained the (Taco Bell) minor changes which have been made. Trustee Glover asked if Taco Bell would be willing to convert the striped triangle in the parking area to be a curbed, landscaped barrier; after some discussion, Mr. Jingles stated that they would comply with this request. There was then some discussion on the driveway at the northeast side of the property. Moved by Glover, byReid, pass to Ordinance #86-67, approving a Preliminary Plan of Development in the B-3 District (Taco Bell at Ranchmart Center) , as recommended by the Plan Commission, subject to the painted, striped, diagonal area to become a concrete curb with landscaping. 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 waive bids and AERIAL TRUCK authorize the repair to the Aerial Truck #235, with an upset #235 number of $15,276 to Fire Service Supply Company. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Mr. Robert Kenny, attorney representing Mobil Oil Corporation, MOBIL OIL introduced Mr. Charles Wagner, also of Mobil Oil. Mr. Kenny stated that they have a piece of property located at the southeast corner of Lake-Cook and Weiland Roads, and they are seeking annexation with B-2 zoning; they are asking for 3 small variances; they are asking for referral to the Plan Commission; the facility is a Mobil gas/snack/wash facility; there is a separate building for car washing; there is a small building for the payment of gas and snacks. Moved by O'Reilly, seconded by Reid, to refer the annexation and zoning of approximately .9 acres on the southeast corner of Lake-Cook and Weiland Roads (Mobil Oil) to the Plan Commission. Trustee O'Reilly asked several questions which were answered by Mr. Kenny and staff. Trustee Kowalski wants the Plan Commission to look at the stacking situation. Trustee Marienthal stated that he does not want to see more than one entrance on Lake-Cook Road. 7002 11/3/86 President Clayton noted that the Plan Commission will be going into much more detail, and making a recommendation back to the Village Board. Upon roll call, Trustees voted as follows on the motion: AYES: 5 - Marienthal, O'Reilly, Reid, Shields, Kowalski NAYES: 0 - None ABSTAIN: 1 - Glover l J Motion declared carried. Mr. Sherman explained why he had asked for this item to be re- ORDINANCE moved from the Consent Agenda. #86-58 Moved by Reid, seconded by O'Reilly, to pass Ordinance #86-58, amending Title 10 of the Buffalo Grove Municipal Code (Desig- nation of No Parking on Barclay Boulevard, Busch Parkway, Corporate Grove Drive, Johnson Drive and Weidner Road (partial) . This ordinance implements no parking restrictions previously agreed to in office and industrial parks. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski NAYES: 0 - None Motion declared carried. Trustee O'Reilly asked that staff look into the street parking situation on the streets mentioned by Mr. Sherman in the Mill Creek area. Moved by Marienthal, seconded by O'Reilly, to approve the request JAYCEE CHRIST- for outdoor sales permit and waiver of fees for the Buffalo Grove MAS TREE SALE Jaycees 1986 Christmas Tree program. The staff recommends approval based on past years' practices. 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 adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:32 P.M. Janet_ . Sirabian, Village Clerk APPROVED BY ME THIS I`-IL DAY OF , 1986. Village President