1985-08-19 - Village Board Regular Meeting - Minutes 6679
8/19/85
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 19, 1985.
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, and Kowalski. Trustee
Shields was absent. Also present were: William Balling, Village
Manager; William Raysa, Village Attorney; James Doyle, Assistant
Village Manager; William Brimm, Finance Director; James Truesdell,
Village Planner; and Paul Kochendorfer, Village Treasurer.
Moved by Marienthal, seconded by Glover, to approve the minutes APPROVAL OF
of the August 5, 1985 Regular Meeting. Trustee Glover noted a MINUTES
correction on page 6674: in the second line on the page, the word
"height" should be changed to "type". Upon roll call, Trustees
voted as follows:
AYES: 4 - Marienthal, Glover, Reid, Kowalski
NAYES: 0 - None
ABSTAIN: 1 - O'Reilly
ABSENT: 1 - Shields
Motion declared carried.
Mr. Kochendorfer read Warrant #556. Moved by Glover, seconded WARRANT #556
by Reid, to approve Warrant #556 in the amount of $732,341.19,
authorizing payment of bills listed. Trustee Marienthal asked a
question regarding the Warrant, which was answered by Mr. Balling.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Mr. Balling noted the submission of the Management Report for MANAGEMENT
July, 1985; there were no questions on same. REPORT
Mr. Balling explained the situation before the Board regarding OLD FARM
Old Farm Village, as outlined in his memo to the Board of VILLAGE
August 15, 1985. With regard to the public park site, Mr. Balling (Lexington)
stated that Mr. Rylko of the ,Park District had indicated to him
that the Park District would accept a cash payment in lieu of the
additional acreage, provided that the bike path previously shown
on the park property would be relocated to the public right-of-way
as a bike path, which would necessitate a materials change from
asphalt to concrete.
In answer to a question from Trustee Glover, Mr. Balling stated
that the elevations being shown do have Appearance Commission approval.
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8/19/85
In answer to a question from Trustee Kowalski, Mr. Peter
Bianchini of Lexington stated that the proposed changes are
being made because the original plan was a conceptual plan; he
elaborated on their reasons for making the proposed changes.
In answer to a question from Trustee O'Reilly, Mr. Balling stated
that the proposed changes require no variations. Trustee. O'Reilly
asked if the decrease in acreage affects the ultimate layout for the
park site. Mr. Rick Piggott of Lexington stated that the Park
District engineer is now working on a site plan layout for the
park site. Mr. Balling stated that he thought the site plan would
be ready in approximately one week.
President Clayton asked if it is the feeling of the Board that the
slight change in plan keeps it in substantial conformance; there .
was no disagreement from the Board on President Clayton's statement.
Moved by O'Reilly, seconded by Kowalski, to defer the park site
question until the Park District can give the Board a concrete
answer on the site plan. Upon voice vote, the motion was unanimously
declared carried.
Mr. Balling noted that the original plan called for 134 flats, and
152 townhomes, for a total of 286 units. Lexington now wishes to
change the mix to 156 flats and 130 townhomes, with the total still
being 286. Mr. Bianchini explained the proposed change in mix, and
explained Lexington's reasons for making these changes; he stated
that the plan has a flexibility in it so that the mix may be easily
changed, according to the market. Board discussion on the change
in the mix followed.
Moved by Reid, seconded by Glover, to allow Lexington the flexibility
to alter the mix plus or minus 22 townhouse/flats. Upon roll call,
Trustees voted as follows:
AYES: 3 - O'Reilly, Glover, Reid
NAYES: 2 - Marienthal, Kowalski
ABSENT: 1 - Shields
Motion declared carried.
Mr. Balling reviewed the Serendipity fence proposal. Mr. Balling SERENDIPITY
stated that, if the subject is sent to the Appearance Commission, (Fences)
that Commission needs direction on aesthetics, but should not get
into policy.
Trustee Glover expressed a concern as to uniform fencing on those
lots which might back up to a public thoroughfare.
A resident asked if fences are to be allowed in the Villas of
Buffalo Creek; President Clayton replied that it was the determination
of the Board that fencing would be allowed, but it was up to the
Appearance Commission to work with the homeowners to determine the
appearance of those fences. �
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8/19/85
Trustee O'Reilly moved to refer the fencing issue to the
Appearance Commission to be considered if it can be done in such
a way that it does not detrimentally affect Prairie Park, if it
does not detrimentally affect the bicycle path near the reservoir
site, and if it can be done in such a way so as not to create a
visual ghetto; she thinks there might be validity to a lack of
uniformity. Trustee Glover seconded the motion.
President Clayton noted that the Board would want to hear from
the Appearance Commission as to what kind of fencing, and also if,
in fact, they feel that there should not be fences in the area.
Trustee Glover asked that the Appearance Commission review the
distance between the rear property line where the fence could be
erected, and the bicycle path. There was further discussion by the
Board and residents.
President Clayton stated that she would like the opportunity to
talk to the Chairman of the Appearance Commission to, in fact,
determine if this is a subject that the Appearance Commission
should be discussing; if the Appearance Commission does not believe
that this is a subject for their discussion, President Clayton would
like to bring it back to the Village Board with a recommendation from
staff on how the situation can be handled; she would like to discuss
this with the Appearance Commission before sending it to them; there
was no objection from the Board to handling the situation in the above
manner. The motion and the second were withdrawn.
President Clayton read a Certificate of Appreciation to the Buffalo CERTIFICATE
Grove Jaycees for their work on Bicentennial Park. President Clayton OF APPRECIA-
presented the Certificate to John Panella, representing the Jaycees, TION
and asked him to convey the thanks of the Board to all of the Jaycees.
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 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 Glover, seconded by Reid, to accept the Appearance MIDWEST
Commission recommendation reference Corporate Grove, Midwest AUTOMATION
Automation--Lots 88/94 - architecture/materials, lighting/lands- LOTS 88/94
caping. The Appearance Commission recommends approval of these (aesthetics)
aesthetic elements of the subject project. Upon roll call,
�./ Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
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8/19/85
Moved by Glover, seconded by Reid, to accept the Appearance CHEVY CHASE
Commission recommendation reference Chevy Chase Business Park/ BUSINESS PARK
Warehouse #1, Trammell Crow, architecture/materials, landscaping. WAREHOUSE #1
The Appearance Commission recommends approval of these aesthetic (aesthetics)
elements of the subject project. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the Development DIA - R.G.RAY
Improvement Agreement for R. G. Ray, Lots 56-65, Corporate Grove. LOTS 56-65
The Village Engineer recommends approval of the Development CORPORATE GROVE
Improvement Agreement for the subject project. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by Glover, seconded by Reid, to authorize the bidding for AUTHORIZE
microfilm equipment. Authorization is requested to solicit bids BIDDING
for microfilm equipment as proposed in the FY1985-1986 budget. MICROFILM
Bids received will be used to evaluate the feasbility of perform- EQUIPMENT
ing microfilming in-house or contracting for microfilming services.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by Glover, seconded by Reid, to approve the final plat for FINAL PLAT
Chatham Unit No. 4. Engineering approval of this project is CHATHAM
recommended subject to approval of the attached Development UNIT #4
Improvement Agreement and receipt of the MSD and IEPA sanitary
sewer construction permit. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Moved by Glover, seconded by Reid, to accept Chatham Units 1 FINAL
and 2. The Village Engineer recommends final acceptance of ACCEPTANCE
this project, subject to the one year guarantee provision. Upon CHATHAM
roll call, Trustees voted as follows: UNITS 1 AND 2
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
Mr. Raysa reported to the Board on some recent court cases: LEGAL
1) Illinois Appellate Court case involving Highland Park, which
held that a Home Rule unit does not have to obey the Prevailing
Wage Act. h
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2) Illinois Appellate Court case involving Hillside regarding IRMA,
which held that IRMA is not an insurance company, which authorizes
the Village to use fully the TORT Immunity Act; Mr. Raysa foresees
that this will mean lower premiums.
Mr. Raysa will submit a written report on the above to the Village.
President Clayton reviewed the proposed ordinance to the Board. ORDINANCE
Trustee Marienthal stated that he believes that the Board should #85-47
plan ahead, and make provision for an additional license now rather (Liquor
than having the request come before the Board again. President Controls)
Clayton stated that she prefers handling the matter this way.
Moved by Glover, seconded by Reid, to pass Ordinance #85-47, amending
Chapter 5.20 of the Village of Buffalo Grove Municipal Code (Liquor
Controls) . Mr. Raysa pointed out a typo in Section 2, which should
read "lock located behind the cashier's counter". Upon roll call,
Trustees voted as follows:
AYES: 4 - O'Reilly, Glover, Reid, Kowalski
NAYES: 1 - Marienthal (Because he thinks more should be made
available now rather than doing it on a case-by-case basis.)
ABSENT: 1 - Shields
Motion declared carried.
President Clayton declared a recess from 8:35 P.M. until 8:50 P.M. RECESS
President Clayton stated that, if there is no objection from the AGENDA
Board, Item XII, B. , will be discussed after Item XIV,C. ; there CHANGE
was no objection from the Board.
Mr. Truesdell introduced and reviewed the plan for the Mobil Oil MOBIL OIL
Station at Dundee and Buffalo Grove Roads. Moved by O'Reilly, STATION
seconded by Reid, to approve the Preliminary Plan for the Mobil (Dundee & B.G.
Oil Station (Dundee and Buffalo Grove Roads) . Upon roll call, Roads)
Trustees voted as follows:
AYES: 4 - Marienthal, O'Reilly, Reid, Kowalski
NAYES: 0 - None
ABSTAIN: 1 - Glover
ABSENT: 1 - Shields
Motion declared carried.
Mr. Ed. Bieszczad made a presentation regarding Creekside Commons; CREEKSIDE
the property is located at the northeast corner of Weiland and COMMONS
Busch Parkway; the site is presently zoned in the Village as B-1;
there will be 43,200 square feet of rentable space; there will be
17 rentals plus a White Hen; the site is a total of 3.75 acres;
there is approximately 2.37 acres of buildable space; the building
will be brick with a raised ridge metal roof.
Trustee Marienthal believes that there are too many curb cuts; he
does not believe there is a need for another strip shopping center;
he does not believe there is a need for another convenience store.
Mr. Bieszczad responded to Trustee Marienthal's comments regarding
the curb cuts.
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Moved by Glover, seconded by Reid, to refer Creekside Commons
to the Plan Commission. Upon roll call, Trustees voted as follows:
AYES: 4 - O'Reilly, Glover, Reid, Kowalski
NAYES: 1 - Marienthal
ABSENT: 1 - Shields
Motion declared carried.
Mr. Ed Bieszczad reviewed the history of the site, which is the SIEFERT
eastern portion of the Siefert Property; they are asking to PROPERTY
change the plan to show 90 single-family lots, and a 7 acre
commercial site; the lots are R-4; the commercial area they are
asking for is B-3; the lots are an average of 70' x 125' ; there
are no variances requested; the streets and right-of-ways will be
public; the houses will range from 1,700 to 2,400 square feet.
In answer to a question from Trustee O'Reilly, Mr. Bieszczad
pointed out the detention which will be 3.8 acres; he said they
have not anticipated providing detention for the park site. There
is no access to any other areas; children would get to the park
through a public walk. Trustee O'Reilly's concerns are access to
Willow Stream and the Hoffman area. Mr. Truesdell addressed the
question of access.
Trustee O'Reilly stated that she no longer believes it makes sense
to have the commercial site; she believes it should be incoporated
into the residential community; she thinks the plan is okay, but she
thinks the commercial should be residential.
Mr. Bieszczad stated that there will be four styles of homes, with
4-6 elevations each.
Mr. Bieszczad stated that it is their intention to go with a cash
donation to the Park District, rather than a land donation.
Trustee O'Reilly stated that the school district boundaries must
be worked out so as not to create problems for children.
Trustee Glover agreed with Trustee O'Reilly regarding pedestrian
ways; he does not see a conflict for the commercial with the Town
Center.
Trustee Kowalski is concerned with having too much commercial in
the area; other than that, she finds the development somewhat
acceptable.
Moved by Glover, seconded by Reid to refer the Seifert Property to
the Plan Commission. Mr. Raysa wished to define the western boundary;
he does not wish to go through the whole process and find that the
Park District property and this property overlap.
Mr. Bieszczad stated that it is still a possibility that Anden will
acquire the sewage treatment plant site and then donate that to the
Park District as the park contribution.
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8/19/85
The attorney for Anden stated that they are looking for annexation,
and also would like to see the specifics on the off-site improvements
clarified. Elliott Hartstein brought up the impact of this piece of
property on School District #96, and he believes the commercial
portion plays an important part in that burden.
President Clayton stated that, if this is referred to the Plan
Commission, they should take note of the buffering between the
single-family homes and the commercial.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski*
NAYES: 0 - None
ABSENT: 1 - Shields
Motion declared carried.
*With the stipulation that they try and reduce the commercial.
The attorney for Anden asked for a policy on the issue regarding
the fact that Anden will be responsible for off-site improvements
for their property only.
Mr. Balling responded that Village philosophy on recaptures is to
try and collect and recover costs as quickly as possible from
those benefitting from the improvements; the recapture ordinance
is written on a defined parcel basis on a first-connection basis,
so an agreement would have to be worked out with the Park District,
if they become the landowners, or renegotiate the basic ordinance
itself with the Lexington/Trammell Crow companies. Mr. Balling
stated that, conceptually, it makes a lot of sense, but he wanted
to point out that there are some restrictions which might hamper their
efforts. Mr. Balling stated that they will explore possibilities and
come up with some solution.
Trustee O'Reilly stated that the only aspect which she would hold
out for would be the possibility of detention being included on
this site rather than the park site.
The engineer for Anden stated that there is flood plain on both sides
of the Creek, and in order for the Park District to modify the flood
plain they would have to go through IDOT and the Bureau of Transportation,
and it is basically against the principles of IDOT to modify the flood
plain. Trustee O'Reilly stated that that was not the impression which
she had gotten in previous discussions. Mr. Bieszczad stated that
they will look into the possibilities.
Trustee Glover thanked the Appearance Commission and the Zoning SIGN CODE
Board of Appeals for the time which was put into this project;
he also thanked the staff, particularly Jim Doyle, for all of
their efforts in rewriting the Sign Code.
Mr. Doyle reviewed the background of the proposed ordinance, and
pointed out the major changes proposed.
Mr. Raysa pointed out some typographical errors in the proposed
ordinance.
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{
Mr. Eddie Larsen, Appearance Commissioner, reviewed the points in
the proposed ordinance where he disagreed with the committee
recommendation.
There was lengthy discussion on the proposed Sign Code, with
several businessmen in the community speaking on the hardships that would
be posed for them if there were required to change their signs.
One of the major discussions centered on amortization, with President
Clayton polling the Board on Section 16, which deals with amortization:
"Yes" indicates favor of the paragraph as submitted; "No" indicates
opposition:
YES: Marienthal, Glover, Reid
NO: O'Reilly, Kowalski
ABSENT: Shields
Mr. Raysa suggested the following language to be used in Subsection E;
with the underlined words to be deleted: "Where the business use or
identity associated with the variance or the ownership of the business
use or identity associated with the variance thereafter terminates or
changes, such termination or change of use or ownership of the business
use the owner shall operate as the termination of the variance and the
sign thereafter shall conform to the provisions and requirements of
this title."
President Clayton polled the Board: "Yes" indicates favor of the
changes read by Mr. Raysa; "No" indicates opposition:
YES: Marienthal, O'Reilly, Glover, Reid, Kowalski
NO: None
ABSENT: Shields
Mr. Raysa suggested the following language for Section 14.44.020:
"The presence of at least 4 of the 7 voting members of the Zoning
Board of Appeals and an affirmative vote of at least 4 members shall
be required for any Zoning Board of Appeals recommendation." There
was no objection from any Board members to the language suggested
by Mr. Raysa.
Lengthy discussion ensued regarding the 500' versus 200' minimum
*CORRECTION interval between signs. *Trustee Marienthal asked that staff report to
the Board the method by which the 200' distance was determined.
Moved by Glover, seconded by Reid, to pass Ordinance #85-48, amending
Title 14, Signs of the Buffalo Grove Municipal Code. After further
discussion, Trustees voted as follows on the motion:
AYES: 2 - Glover, Reid
L/ NAYES: 3 - Marienthal, O'Reilly, Kowalski
ABSENT: 1 - Shields
Motion defeated.
Trustee O'Reilly stated that the Board needs written answers to
the questions asked tonight, although she thinks the majority of
the proposed ordinance is good.
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Trustee Marienthal stated that his "No" vote was based on the 200'
minimum.
Trustee Kowalski stated that her "No" vote was because of the 200'
minimum and the amortization.
Mr. Balling stated that he has reported on the progress of this
item at the Chamber meetings.
President Clayton stated that the last item on the agenda will FUTURE AGENDA
be handled at the September 9, 1985 meeting.
Moved by Glover, seconded by Reid, to adjourn the meeting. Upon ADJOURNMENT
voice vote, the motion was unanimously declared carried. The
meeting was adjourned at 11:10 P.M.
Janet M. CStrabian, Village Clerk
APPROVED BY ME THIS DAY
OF SI#Amatip , 1985.
1
Village President
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