1984-12-17 - Village Board Regular Meeting - Minutes 6520
12/17/84
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, DECEMBER 17, 1984.
President Clayton called the meeting to order at 7:35 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, and Glover.
Trustee Reid was absent. Also present were: William Balling,
Village Manager; William Raysa, Village Attorney; William Brimm,
Finance Director; Richard Kuenkler, Village Engineer; Gregory
Boysen, Director of Public Works; Raymond Rigsby, Superintendent
of Public Works; Frank Hruby, Director of Building & Zoning;
and Police Chief McCann.
Moved by O'Reilly, seconded by Glover, to approve the minutes of APPROVAL OF
the December 3, 1984 Regular Meeting. Upon roll call, Trustees MINUTES
voted as follows:
AYES: 4 - Marienthal, Stone, O'Reilly, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
ABSTAIN: 1 - Hartstein
Motion declared carried.
Mr. Brimm read Warrant #540. Moved by O'Reilly, seconded by WARRANT #540
Glover, to approve Warrant #540 in the amount of $1,269,708.66,
authorizing payment of bills listed. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
President Clayton noted that James Schrader, unfortunately, had NORTRAN
to resign as NORTRAN trustee, due to business commitments. TRUSTEE
President Clayton then appointed Glenn Ahrenholz to fill out the
unexpired term left vacant by Mr. Schrader, which expires
February 29, 1988. Moved by Hartstein, seconded by O'Reilly, to
concur with President Clayton's appointment. Upon voice vote,
the motion was unanimously declared carried.
Mr. Balling noted the submission of the Management Report for MANAGEMENT
November, 1984; there were no questions on same. REPORT
Moved by Hartstein, seconded by Marienthal, to pass Resolution RESOLUTION
#84-76, commending James G. Schrader for his service to the #84-76
Village of Buffalo Grove. Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
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12/17/84
President Clayton then read the Resolution, and recognized
Mr. Schrader; she thanked Mr. Schrader for his service to the
Village, and stated that the Village looks forward to the day
when Mr. Schrader will again be able to offer his services.
Mr. Boysen gave a brief summation of the APWA Regional Snow APWA REGIONAL
Plowing Competition, in which Rick Kuhl and Phil Moffat took SNOW PLOWING
3rd place. Mr. Kuhl and Mr. Moffat then presented the 3rd COMPETITION
place trophy to President Clayton for the Village. President
Clayton then thanked Mr. Kuhl and Mr. Moffat for their efforts
on behalf of the Village, and presented them each with a plaque
in appreciation for those efforts, and told them that the Village
of Buffalo Grove is very proud of their efforts. Mr. Boysen
then briefly described the purpose of the Snow Plowing Competition.
President Clayton read Certificates of Commendation to be POLICE
presented to Sergeant Aradi, Investigator Quid, and Investigator COMMENDATIONS
Stoner. President Clayton and Chief McCann presented these
Commendations to the officers and congratulated them on their
outstanding service on behalf of the Village.
PUBLIC HEARING - FY 1985 GOLF COURSE FUND APPROPRIATION ORDINANCE
President Clayton called the Public Hearing to order at 7:48 P.M. , and
noted that Notice of Public Hearing was published in the Buffalo Grove
Herald on December 7, 1984. Mr. Brimm then gave a presentation on the
Appropriation Ordinance, information on which is contained in his
November 20, 1984 memo to Mr. Balling. Mr. Brimm noted that the
proposed ordinance should not be considered by the Board tonight, but
should be considered on the January 7, 1985 agenda. President Clayton
asked if there were any questions on the Golf Course Fund Appropriation
Ordinance; there were none. President Clayton stated that the proposed
ordinance will be considered by the Board on January 7, 1985. President
Clayton closed the Public Hearing at 7:52 P.M.
PUBLIC HEARING - BUFFALO GROVE COMMERCE CENTER INDUSTRIAL REVENUE
BOND ORDINANCE
President Clayton called the Public Hearing to order at 7:53 P.M. , noting
that Notice of Public Hearing was published in the Chicago Sun Times on
December 3, 1984. Mr. Balling reviewed the request by County Line
Partners for $6,000,000 in Industrial Revenue Bonds, further details
of which are contained in Mr. Brimm's two memos to Mr. Balling of
December 14, 1984. Mr. Raysa and Mr. Brimm have both reviewed the
documents connected with this bond issuance. President Clayton asked
if there were any questions regarding these Industrial Revenue Bonds;
there were none. President Clayton closed the Public Hearing at
7:56 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 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, D, be removed from the Consent Agenda.
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12/17/84
Moved by Glover, seconded by Hartstein, to adopt Resolution RESOLUTION
#84-77, a resolution regarding Corporate Personal Property #84-77
Replacement Tax Distribution - 1984. This resolution is (Taxes)
required to be adopted annually to confirm the use of such
funds in 1984 conforming to the Illinois Revenue Act. Upon
roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Glover, seconded by Hartstein, to adopt Resolution RESOLUTION
#84-78, a resolution approving an Amendment to the Inter- #84-78
governmental Agreement Concerning the Buffalo Creek Detention (Amendment to
Reservoir. This resolution clarifies maintenance operations Intergovern-
to be performed by the Village on the reservoir site. Upon mental Agree-
roll call, Trustees voted as follows: ment - Buffalo
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover Creek
NAYES: 0 - None Reservoir)
ABSENT: 1 - Reid
Motion declared carried.
Moved by Glover, seconded by Hartstein, to approve the Plat of APPROVAL OF
Resubdivision for the Buffalo Grove Commerce Center Unit 2C. The PLAT OF RE-
Village Engineer recommends approval of this plat of resub- SUBDIVISION
division, subject to acquisition of all required signatures. (B.G.Commerce
Upon roll call, Trustees voted as follows: Center
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover Unit 2C)
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Glover, seconded by Hartstein, to refer to the Plan PLAN COMMISSION
Commission the Knuth Parcel in the Town Center. This item has REFERRAL -
been placed on the Consent Agenda for referral to the Plan KNUTH PARCEL
Commission at the direction of the Village Board. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Hartstein, seconded by Glover, to pass Ordinance #84-80, ORDINANCE
authorizing the sale of $6,000,000 of Industrial Development #84-80
Revenue Bonds by Lexington Development Corporation (County Line (Lexington
Partners) . Mr. Raysa pointed out some typographical errors in IRB)
the proposed ordinance; he then covered the actual issuance of
the bonds, and pointed out some minor differences from bonds
previously issued by the Board. Upon roll call, Trustees voted as
follows:
AYES: 4 - Marienthal, O'Reilly, Hartstein, Glover
NAYES: 1 - Stone
ABSENT: 1 - Reid
Motion declared carried.
Trustee Stone noted that his "NO" vote has nothing to do with the
Revenue Bonds, but is still in protest against the applicant's last
office building project and their parking lot 13' from residential zoning.
6523
12/17/84
Trustee Hartstein explained the proposed ordinance to authorize ORDINANCE
the submission of an advisory referendum question concerning the #84-81
merit selection of judges. Moved by Hartstein, seconded by (Advisory
Marienthal, to pass Ordinance #84-81, to authorize the submission Referendum
of an advisory referendum question, with the question being Question)
reworded so that it relates to considering this particular
process throughout the state. There was then discussion regard-
ing the wording of this referendum on the ballot. Trustee Stone
read a statement from Trustee Reid stating that he believes that
a resolution passed by the Board would be as effective as a
referendum. Trustee Hartstein amended the motion to change the
wording to read as follows: "Shall the Illinois General Assembly
propose a constitutional amendment to allow for the merit selection
of circuit court and associate judges throughout the State of
Illinois by a process such as a bi-partisan commission, rather than
the current election process." Trustee Marienthal seconded the
amendment. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Trustee Hartstein stated that he would like to see this Ordinance
circulated among other members of the Northwest Municipal Conference
and the members of the Lake County Municipal League, urging them to
also put this question on the ballot on April 2, 1985. Mr. Raysa
stated that he does not wish to advise non-home rule communities
to submit this question to their voters, since he does not believe
that they have the authority to do so. Trustee Hartstein stated
that the accompanying letter could state that the Village of Buffalo
Grove urges them to pass a similar ordinance, if it is within their
power, based upon consultation with their individual counsel.
Mr. Hruby explained the proposed ordinance; written explanation ORDINANCE
of this proposed ordinance is contained in Mr. Hruby's memo to #84-82
Mr. Balling of December 7, 1984. Trustee Glover thanked the (Title 15 -
staff and the Electrical Commission for the hours which they Electrical
spent in updating the Electrical Code. Moved by Glover, seconded Code)
by Hartstein, to pass Ordinance #84-82, amending Title 15 of the
Village of Buffalo Grove Municipal Code. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Trustee Hartstein reviewed Mr. Brimm's memo to Mr. Balling of RESOLUTION
December 13, 1984 regarding Lieberman Inducement Resolution #84-79
Industrial Revenue Bonds.
6524
12/17/84
Mr. Marc Schwartz, attorney representing Mr. Lieberman,
stated that it is the intent of Mr. Lieberman to create
either a corporation or entity, of which he will be one of
the principals; however, it is not known at this time how
that will be structured, which is why the applicant is
stated as "Stanley B. Lieberman or Nominee". Mr. Schwartz
remarked that he could state unequivocally that Mr. Lieberman
will be one of the principals involved in the entity.
Moved by Hartstein, seconded by Glover, to pass Resolution
#84-79, authorizing the execution and delivery of a Memorandum
of Agreement with Stanley B. Lieberman or Nominee regarding the
issuance of Industrial Development Revenue Bonds in an Aggregate
Principal Amount not to exceed $1,150,000. With regard to
reducing the bond amount from $3,300,000 to $1,150,000 so as
to use no more than 1/3 of the Village's allocation for the
year 1985, Mr. Lieberman stated that he understood the Board's
reasoning for same; however, he did ask the Board to give special
consideration to the fact that they anticipate the cost of the project
to be over $5,000,000, and also that they are the first ones to take
a risk in the Town Center. In answer to a question from Trustee
Hartstein, Mr. Brimm stated that the 1/3 allocation figure is
based upon the 1980 census, which is the official census used
to show dollar amount available; the special census figures
cannot be used in this instance. With regard to a question from
Trustee Marienthal, Mr. Schwartz stated that there is a letter,
which was given to the Board, which shows that terms of the
contract have been reached, even though the contract has not
been signed; the seller has executed the contract. There was
then discussion regarding the $1,150,000 amount. Mr. Raysa
stated that it would be possible for Mr. Lieberman to spend the
$1,150,000, and would then stop and come back to the Board and
ask for an amendment to the resolution to raise that amount.
Trustee Glover stated that he considers the Town Center a very
high priority for Industrial Revenue Bonds, and although he
deos not wish to commit the entire allocation, he would be
willing to amend the resolution at a later date.
Mr. Schwartz addressed the point raised by Mr. Lieberman, and
asked the Board to amend the motion to read "not less than
$1,150,000"; Mr. Raysa stated that he would not want to chance
that type of language without bond counsel approval. Upon roll
call, Trustees voted as follows on the motion:
AYES: 4 - Marienthal, Stone, Hartstein, Glover
NAYES: 1 - O'Reilly
ABSENT: 1 - Reid
Motion declared carried.
Trustee Stone pointed out that he was informed that the CHATHAM
Village has received an extension of the Letter of Credit UNITS 1 & 2
for Chatham to June of 1985, which deletes the need to act on
the item which was removed from the Consent Agenda.
6525
12/17/84
Moved by Stone, seconded by O'Reilly, to approve the Pre- FIRST
liminary Plan for the First American Bank of Lake County. AMERICAN BANK
Trustee Glover asked if any variations are required; Mr. OF LAKE COUNTY
Balling stated that no variations are required. Upon roll (Preliminary
call, Trustees voted as follows: Plan Approval;
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Mr. Michael Downing, attorney with Miller, Forest, Downing, HIGH POINT
Rodman and Huszagh, Ltd. , gave a brief presentation regarding PLAZA
the subject property. The property consists of two parcels of
property located on the east side of McHenry Road, north of
the Grove Shopping Center. Parcel A is a vacant parcel con-
sisting of approximately 1.4 acres, and is owned by the First
National Bank of Lake Forest, with Mrs. Gladys Gerschefske
being the controlling beneficiary of the trust. Parcel B is
currently developed and is utilized as a nursery, and consists
of approximately 3.2 acres, and is commonly referred to as the
Seidl property, and is owned by Richard and Roberta Glauner and
Leroy and Laverne Harms. Mr. Tony Valenziano as the contract
purchaser has executed contracts with the owners. It is Mr.
Valenziano's intent to develop both parcels together as a
retail shopping area, adding approximately 47,500 square feet
of building space to be known as the High Point Plaza. Parcel A
is outside the corporate limits of the Village of Buffalo Grove
and is zoned CD in the county; Parcel B is within the Village
limits and is currently zoned B-2. It is their intent to petition
for annexation of Parcel A, and ask that both parcels be zoned B-3
pursuant to the Village of Buffalo Grove Zoning Ordinance.
Mr. Gary Cawn of Cawn, Rosenzweig Associates displayed a concept
plan, and highlighted some of the details on the plan. Mr. Balling
stated that it is the intent to strike a permanent agreement to
permit Grove employees to utilize the 70+ parking spaces which will
become available behind the High Point Plaza; there was discussion
as to enforcement of this parking set-up. In answer to a question
from Trustee Hartstein, Mr. Cawn stated that they do not have a
specific user at this time; the Center is intended to be a con-
venience center with stores between 3,500 square feet and 600
square feet, with the average being 1,500-1,800 square feet. Mr.
Downing stated that they will have some tax information available
for the Plan Commission; they will have a traffic study available
for the Plan Commission also. Mr. Downing stated that they do not
intend to seek any financial assistance; he stated that the sign variance
is the only anticipated variation at this time. Mr. Cawn stated that
they do not have any plans for the outlot at this time. Trustee Glover
stated that he would like to see more green area by putting the
detention area in the front of the shopping center. Trustee O'Reilly
stated that she would like staff to communicate to Jewel concern
regarding the condition of the parking lot, at the same time they
communicate with Jewel regarding the use of parking spaces behind
High Point Plaza.
6526
12/17/84
Moved by Stone, seconded by O'Reilly, to refer High Point
Plaza to the Plan Commission, and ask that all concerns which
have been expressed this evening by the Board be passed on to
the Plan Commission. Mr. Cawn stated that there will not be
ponding water on the site for more than 24 hours. Concern was
also noted regarding pedestrian traffic which will be going
between the two centers. Upon voice vote, the motion was
unanimously declared carried. It was suggested that staff look
into the possibility of the Village hiring the traffic consultants,
being reimbursed by the developer; staff will study the suggestion
and report back to the Board.
Moved by Stone, seconded by O'Reilly, to approve the Final Plat OLD FARM
of Subdivision for Old Farm Village Unit 1 (Single Family) sub- VILLAGE
ject to receiving the IDOT DWR permit and approval of an acceptable (Unit 1)
landscape plan per Dick Kuenkler's memo of December 11, 1984.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Stone, seconded by Marienthal, to approve the Final Plat OLD FARM
of Subdivision for Old Farm Village Unit 2 (Multi-Family) subject VILLAGE
to the receipt and approval of an acceptable landscape plan per (Unit 2)
Dick Kuenkler's memo of December 11, 1984. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Mr. Brimm explained the request for bid waiver for the two FY-1985 GOLF
pieces of equipment approved for purchase in the FY-1985 Golf COURSE BUDGET
Course Fund Budget, reviewing his memo to Mr. Balling of December (Bid Waiver)
12, 1984. Trustee Glover questioned the waiver of bids; Mr. Brimm
explained. Moved by O'Reilly, seconded by Stone, to authorize
capital equipment acquisition bid waiver in the FY-1985 Golf Course
Budget. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Stone, O'Reilly, Hartstein
NAYES: 1 - Glover (Does not like waiving bids)
ABSENT: 1 - Reid
Motion declared carried. Trustee Stone stated that he also
would prefer not to waive bids.
Trustee O'Reilly stated that she would like to see a set of PARK DISTRICT
criteria for issuing a permit to serve alcoholic beverages. Mr. (Liquor
Rylko stated that there is not written documentation at this Consumption)
time; he did state that permits would not be issued for the
pools, and they are not going to allow any sale of liquor at
any location. Mr. Rylko stated that Park District employees
would be on hand to prevent the serving of liquor to minors.
6527
12/17/84
There was then discussion by the Board regarding various
aspects of this and whether or not the Village should change
their ordinance to conform to the Park District's ordinance.
Mr. Raysa stated that the State does not allow the Village to
put any type of restrictions on the Park District. The general
consensus of the Board was the preference that the Park District
not have any consumption of alcoholic beverages on their property.
Trustee Hartstein suggested some type of resolution to our
legislators to address a municipal entity as being the sole
provider of liquor licensing. Trustee O'Reilly would like to
see some type of covenant on future parks to prohibit liquor
consumption on the premises. There was no desire on the part
of the Board to change Village ordinance to conform to Park
District ordinance regarding consumption of alcoholic beverages
on Park District property.
It was suggested that Mr. Balling direct a statement to the Park
District stating that the Village Board would prefer that
alcoholic beverages not be served on Park District property;
however, if the Park District does choose to allow consumption
of alcoholic beverages on their property, the Board would direct
Mr. Balling to ask that the Park District take into consideration
the concerns raised by the Board at this meeting.
Moved by Hartstein, seconded by O'Reilly, to move to Executive EXECUTIVE
Session to discuss employment matters. Upon roll call, Trustees SESSION
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Stone, seconded by Marienthal, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 9:38 P.M.
Ir \•
Janet M. rabian, Village Clerk
APPROVED BY ME THIS ` DAY
J OF ? U , 1985.
Z--i '7'2 <1
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village President j