1984-08-20 - Village Board Regular Meeting - Minutes 6458
8/20/84
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 20, 1984.
President Clayton called the meeting to order at 7:37 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, Stone, O'Reilly, Hartstein, Glover, and
Reid. Also present were William Balling, Village Manager;
Richard Skelton, Acting Village Attorney; William Brimm, Finance
Director; Gregory Boysen, Director of Public Works; Richard
Kuenkler, Village Engineer; and Paul Kochendorfer, Village
Treasurer.
Moved by O'Reilly, seconded by Reid, to approve the minutes of APPROVAL OF
the August 6, 1984 Regular Meeting. Upon roll call, Trustees MINUTES
voted as follows:
AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
ABSTAIN: 1 - Stone
Motion declared carried.
Mr. Kochendorfer read Warrant #532. Moved by Stone, seconded WARRANT #532
by O'Reilly, to approve Warrant #532 in the amount of $686,136.70,
authorizing payment of bills listed. Trustee Marienthal asked a
question regarding the warrant, which was answered by Mr. Brimm.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover? Reid
NAYES: 0 - None
Motion declared carried.
Trustee Hartstein noted that he does not think that the Village REFERENDA
has taken advantage of the opportunity to put advisory referenda
on the ballot in elections, and he pointed out three issues he
believes worthy of consideration:
1. Proper approach for financing Lake Michigan water; he thinks
the Board would gain valuable information for future planning.
2. Tax increment financing.
3. Gun control.
It was determined that, because of the other items on the agenda,
this item should be discussed at the end of the meeting.
Mr. Balling noted the submission of the Management Report for MANAGEMENT
July, 1984. Trustee Marienthal asked why the transmission had REPORT
been replaced twice on a specific vehicle; Mr. Boysen answered
Trustee Marienthal's question, and also stated that he would
check further into the situation. Trustee Marienthal also
asked about an apparently abandoned automobile in the bank
parking lot at Lake-Cook and Arlington Heights Roads; staff
will check into this situation.
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Mr. Balling announced that the next scheduled meeting would occur FUTURE AGENDA
on Monday, September 3, 1984, which is Labor Day; therefore, the
next meeting will be a Special Meeting which will be held on
Monday, September 10, 1984.
PUBLIC HEARING - HIDDEN LAKES VILLAGE
(Annexation Agreement Amendment)
President Clayton called the Public Hearing to order at 7:52 P.M. ,
and noted that the Notice of Public Hearing appeared in the Buffalo
Grove Herald on July 31, 1984; she then read the Notice of Public
Hearing, and also noted the purpose of the Public Hearing. Mr.
Balling then made a presentation on behalf of the developer, stating
that this is an Amendment to an Annexation Agreement which has run
through its 5 year term; the request for extension was initiated
by the Village of Buffalo Grove. Staff recommends an extension of
this Agreement to August of 1989. There were no statements to be
made by any agencies or individuals, nor were there any comments
from the Village Board. President Clayton closed the Public
Hearing at 7:55 P.M.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience; there were none. THE AUDIENCE
President Clayton explained the Consent Agenda, and stated that CONSENT
any member of the Board or the audience could request that an AGENDA
item be removed for full discussion. There were no such requests;
however, Trustee O'Reilly asked a question regarding Item A on the
Consent Agenda, that is, if there have been any substantial changes
made to the sewer portion of this code. Mr. Boysen stated that this
has been thoroughly reviewed, and he does not believe that there are
any significant changes. Trustee O'Reilly stated that this document
reiterates the fact that the 3:00-8:00 P.M. water restrictions will
remain in effect after the Lake Michigan water is received.
Moved by O'Reilly, seconded by Hartstein, to pass Ordinance ORDINANCE
#84-53, an ordinance amending Title 13 of the Village of Buffalo #84-53
Grove Municipal Code. This revision to Title 13 of the Municipal (Amending
Code has been prepared by Donohue and Associates for the purpose Title 13)
of meeting prerequisite requirements for the receipt of a USEPA
grant. It has been reviewed by the Village Attorney and staff,
and approval is recommended. Upon roll call, Trustees voted as
follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein, to approve Resolution RESOLUTION
#84-54, a resolution approving the award of a contract for the #84-54
Buffalo Grove Road and Illinois Route 83 Intersection improve- (B.G.Road &
ment. The Village's consulting engineer for this project, Midwest Rt. 83 inter-
Consulting Engineers, recommends that the Village concur in the section
award of the contract to the low bidder,Peter Baker and Son Co. , improvement)
in the amount of $746,314.58. The Village's share of project
costs would amount to $54,711, which is still below funds avail-
able for the project. Upon roll call, Trustees voted as follows:
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AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein, to accept the calendar 1983 MOTOR
year 1983 Motor Fuel Tax Fund Audit. The Village Board is required FUEL TAX
to accept this report at its first regular meeting after its FUND AUDIT
receipt. The Director of Finance and General Services has
reviewed the audit and is in concurrence with its findings. Upon
roll call, Trustees voted as follows:
�•/ AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein, to approve the APPEARANCE
Appearance Commission recommendation reference the change in the COMMISSION
proposed building site from Lot 31 to Lot 35 of the Buffalo Grove RECOMMENDATION
Commerce Center. The Appearance Commission recommends approval (B.G.Commerce
of this change in building location, provided that the ground Center)
elevation is similar in relationship to the homes. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by Marienthal, to pass Ordinance #84-54, ORDINANCE
approving First Amendment to Annexation Agreement - Hidden Lakes #84-54
Village (Dearborn) . Upon roll call, Trustees voted as follows: (Hidden Lakes
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover Village)
NAYES: 0 - None
PASS: 1 - Reid
Motion declared carried.
Mr. Clifford Rudd, Project Engineer for Amoco Oil Company, briefly ORDINANCE
reviewed the history of the Amoco station; he then displayed the #84-55
revised plan and pointed out some of the changes which were made. (Standard Oil
Mr. Doug Eppich, professional engineer, explained how they had Station)
changed the detention in order to meet the Buffalo Grove detention
storage requirements. Mr. Rudd stated that this station will have
some similarities to their station in Lincolnshire, of which he
had some pictures to show the Board. Mr. Fred Penoyer, landscape
architect, reviewed the landscape design which they will use for
the station.
Trustee Stone stated that the Plan Commission was not aware of
the change in the detention, which he believes would have alleviated
some of their concerns; the other large concern of the Plan Commission
was the placement of the driveway; he also stated that he liked the
walls and the stone shown at the Lincolnshire station, as well as
their sign. Mr. Rudd stated that they do not plan to replace the
sign at the Buffalo Grove station. Trustee Stone stated that all
four items in Mr. Kuenkler's memo to Mr. Balling of August 16, 1984
have been taken care of. Trustee Glover stated that, due to his
employment with another major oil company, he will not participate
in the discussion, and will abstain from voting.
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Trustee Marienthal thinks that one of the entrances should be
eliminated; Mr. Rudd stated that they believe they need all of
the entrances shown. Trustee Hartstein stated that, in this
particular instance, it is best to have the two curb cuts. Mr.
Kuenkler stated that the Village normally tries to minimize access
points, but that gas stations seem to be the exception to the rule,
and he does not think that it does any harm to have two curb cuts.
After lengthy discussion, President Clayton polled the Board as
to their preference for one or two curb cuts:
One curb cut - Marienthal, Reid
Two curb cuts - Stone, O'Reilly, Hartstein
Abstain - Glover
President Clayton stated that, based upon the results of the polling,
we will stay with the plan as presented.
Trustee Stone asked if staff thinks that it will make any difference
in the traffic. Mr. Kuenkler reiterated his previous comments, and
he thinks that the two driveways will be fine.
In answer to a question from Trustee Reid, Mr. Rudd stated that the
food store will be 20' x 40' , and the surroundings will be clean and
pleasant. Mr. Balling stated that the food store would be subject to
the same health codes and requirements as any other food service store
in Buffalo Grove; he also stated that the car wash is required to
recycle their water. Mr. Kuenkler stated that he does approve of the
change in detention.
In answer to a question by Trustee Marienthal, Mr. Rudd explained
why they did not move the car wash to the Buffalo Grove Road side.
Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-55,
amending the Comprehensive Zoning Ordinance of the Village of
Buffalo Grove, Cook and Lake Counties (Standard Oil Service Station) .
Mr. Kochendorfer pointed out that the reference to the Westmont
Standard Station in footnote 3 on Exhibit B, should be changed to
the Buffalo Grove Standard Station.
Upon roll call, Trustees voted as follows:
AYES: 4 - Stone, O'Reilly, Hartstein, Reid
NAYES: 1 - Marienthal
ABSTAIN: 1 - Glover
Motion declared carried.
Mr. Lawrence Freedman, attorney representing both the legal title RESOLUTION
holder and the contract purchaser, highlighted the project, which #84-55
has been referred to :as Busch Road Corridor. Mr. Frank Paul, (Zale
Associate Vice President of Prudential-Bache Securities, discussed Construction)
and explained the financing concept. Mr. Zale then reviewed the
specifics of the apartments to be built and rented; he also explained
why the developer must have Industrial Revenue Bonds to build an
apartment project. The income level to be eligible for the 20%
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of the units which must be made available to low and moderate
income households is $18,000-$25,000. Mr. Zale stated that he
thinks that they will have to lower the rent approximately 10%
on 15% of the apartments, and there will probably be a 5% vacancy
rate; it is probable that a bank in the area would be appointed
as Trustee to see that all guidelines are met. Under the pro-
visions of this program, the apartments could not be converted
to condominiums for at least 10 years. There was lengthy dis-
cussion regarding the guidelines for the issuance of these
Industrial Revenue Bonds.
Moved by Hartstein, seconded by Reid, to pass Resolution #84-55,
authorizing the execution and delivery of a Memorandum of Intent
between the Village of Buffalo Grove, Illinois, and Zale Construction
Company, Inc. , providing for the issuance by said Village of Housing
Revenue Bonds. Upon roll call, Trustees voted as follows:
AYES: 2 - Hartstein, Reid
NAYES: 4 - Marienthal, Stone, O'Reilly, Glover
Motion defeated.
President Clayton declared a recess from 9:58 P.M. until 10:07; P.M. RECESS
Moved by O'Reilly, seconded by Hartstein, to reconsider the last
item on the agenda. Trustee O'Reilly stated that her reasons to
reconsider are:
. . .this is probably the worst piece of property in the Village to
develop;
. . .in the time between now and the time this comes back to the
Board for further action, she would like to see the use of
covenants discussed between the Village and the developer to
assure that 20% of the units will be made available to the low
and moderate income households.
Upon voice vote, Trustees voted as follows:
AYES: 4 - O'Reilly, Hartstein, Reid, President Clayton
NAYES: 3 - Marienthal, Stone, Glover
Motion declared carried.
Upon roll call, Trustees voted as follows on the motion to pass
Resolution #84-55:
AYES: - O'Reilly, Hartstein, Reid, President Clayton
4 Y> Y
NAYES: 3 - Marienthal, Stone, Glover
Motion declared carried.
President Clayton asked Mr. Balling to be sure that staff brings
back the information requested to the Board.
Trustee Glover explained the proposed buffer between the park BUFFALO GROVF
P P P
and the Buffalo Grove Commerce Center. Moved by Glover, seconded COMMERCE
by Hartstein, to accept the Appearance Commission recommendation CENTER
for Lot 41 of the Buffalo Grove Commerce Center - landscape buffer.
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Mr. Carl Peter, purchaser of one of the units which will directly
face the office center, stated that his biggest concern is that
there will be a parking lot so close to his home; he believes
that the developer knew what the zoning requirements were before
he began building, and could have alleviated the problem at that
time. Trustee Stone agreed that the developer was aware of the
conditions and requirements, and he is not sure there really is a
hardship as claimed. Mr. Freedman stated that he is representing
the developer, and said that he did not know anything about the
situation. A representative from Lexington Development stated
that some of the factors which led up to the configuration of this
lot were not under the control of the developer; he explained the
landscaping they intend to use as a buffer for the adjacent homes.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Hartstein, Glover, Reid
NAYES: 2 - Stone, O'Reilly
Motion declared carried.
Moved by Marienthal, seconded by Hartstein, to pass an ordinance ZONING
granting a variation to the Zoning Ordinance. There was discussion ORDINANCE
along the same lines as in the previous topic, as well as concern VARIATION
over whether or not the contract purchasers had, in fact, been
notified as required; there was also discussion regarding the
screening requirement. Moved by Glover, seconded by Reid, to
table this ordinance until there is clarification of the contract
purchasers' notification. Upon voice vote, the motion was
unanimously declared carried.
Mr. Balling noted that, at the last meeting, the burden of
notifying the contract purchasers was put on Anden Corporation.
It was decided at this time, that Lexington Development should
take care of notifying the property owners before this item appears
on the agenda on September 10, 1984.
President Clayton stated that the meeting would not be closed at COMMITTEE OF
this time, but would resume after the Committee of the Whole THE WHOLE -
Meeting.
Mary Magnuson of the Northwest Municipal Conference was present SOLID WASTE
to give the Solid Waste Task Force presentation; and Jeanne Becker
was present to give the Lake County Solid Waste Advisory Committee
presentation. A video presentation was then given, which was pre-
pared by the staff of the Northwest Municipal Conference. Written
copies of these reports are on file in the Clerk's office. Each of
the representatives answered questions from the Board following
their presentations. President Clayton thanked both Mary and
Jeanne for being present and updating the Board on this topic.
The Board returned to the Regular Meeting at 11:45 P.M.
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The subject of putting referenda on the November ballot was again REFERENDA
discussed. There was discussion as to the feasibility of getting
any or all of the three items suggested on the ballot, as well as
the pros and cons of trying to accomplish same in a short time span.
It was ultimately determined that, although there will be a very
large turn-out for the November election, there will not be sufficient
time to adequately inform the voters regarding the questions; therefore,
it would be best to postpone the suggestion until possibly the April
Municipal election. President Clayton asked staff to be cognizant
of tonight's discussion, and to be sure to schedule the subject for
discussion well in advance of the deadlines for the April elections,
so that it may be discussed without threat of missing the filing
deadlines.
Moved by Reid, seconded by O'Reilly, to adjourn the meeting. Upon ADJOURNMENT
voice vote, the motion was unanimously declared carried. The
meeting was adjourned at 12:01 A.M.
Janet . Sirabian, Village Clerk
APPROVED BY ME THIS 10 DAY
OF akplx1410b , 1984.
Vi lage President
Li