1985-05-20 - Village Board Regular Meeting - Minutes 6620
5/20/85
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, MAY 20, 1985
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, O'Reilly, Glover, Shields, and Kowalski.
Trustee Reid arrived at 9:17 P.M. Also present were: William
Balling, Village Manager; William Raysa, Village Attorney, James
Doyle, Assistant Village Manager; Gregory Boysen, Director of
Public Works; Richard Kuenkler, Village Engineer; James Truesdell,
Village Planner; Police Chief McCann; Fire Chief Winter; and Paul
Kochendorfer, Village Treasurer.
Moved by Marienthal, seconded by Glover, to approve the minutes APPROVAL OF
of the May 6, 1985 Regular Meeting. Upon roll call, Trustees MINUTES
voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Shields, Kowalski
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Mr. Kochendorfer read Warrant #550. Moved by O'Reilly, seconded WARRANT #550
by Glover, to approve Warrant #550 in the amount of $941,581.61,
authorizing payment of bills listed. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Shields, Kowalski
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Mr. Balling noted the submission of the Management Report for MANAGEMENT
April, 1985, and answered a question from Trustee Marienthal REPORT
on same.
Mr. Balling reviewed the Steeple View mortgage revenue bond STEEPLE VIEW
application, details of which are in his memo to the Board of
May 16, 1985, and Mr. Zale's memo to Mr. Balling of May 15, 1985,
on file in the Clerk's office.
President Clayton polled the Board: "Yes" indicates favor of Mr.
Zale pursuing a mortgage revenue bond for the completion of Steeple
View, minus 6 units and adding a pool facility; "No" indicates
opposition:
YES: Marienthal, O'Reilly (very tentatively) , Glover, Shields,
Kowalski
NO: None
ABSENT: Reid
6621
5/20/85
Mr. Balling stated that a letter was received May 14, 1985 from MARKET SQUARE
Joseph Ash, who represents the Town Center Associates, request- TOWN CENTER
ing that the Village Board endorse an application for the DEVELOPMENT
Illinois Finance Development Authority for industrial revenue
bonds for the first project in the Town Center. Mr. Balling
reviewed the history of this issue; this would in no way affect
the cap which is put on the Village.
Trustee Marienthal stated that there is not an approved plan on
this project; he was not aware that the Village Board had to
endorse this type of request. Mr. Balling stated that this is
an opportunity to help the project along.
In answer to a question from President Clayton, Mr. Raysa stated
that it would not be a problem to endorse a concept plan. Marc
Schwartz, attorney for Town Center Associates, suggested that
the Board endorse this request, subject to final approval of the
plan.
Trustee O'Reilly stated that she believes that this project should
be tempered in its importance, rather than referring to the project
as an integral portion of the Town Center.
Moved by Glover, seconded by Shields, to endorse the Illinois
Development Finance Authority bond issue for the proposed Market
Square Town Center, pending final approval by the Village Board.
Upon roll call, Trustees voted as follows:
AYES: 2 - Glover, Shields
NAYES: 3 - Marienthal, O'Reilly, Kowalski
ABSENT: 1 - Reid
Motion defeated.
Mr. Schwartz asked if the "No" vote is based upon the timing of
the project; he asked if the Board would give its endorsement if
they were to come back in 30 to 45 days.
Trustee Marienthal: His vote is predicated on the fact that he
does not see the necessity of issuing industrial revenue bonds
for retail space; he also stated that the amount is substantially
more than what was originally requested.
Mr. Schwartz stated that they are not looking to the Village for
this allocation, but to the State.
Trustee O'Reilly: She only supports the percentage of the office
square footage, and also based upon a plan that is before the
Board, although not necessarily approved.
Trustee Glover: He stated that the Board would only be endorsing
the financing based on a conceptual plan; the Board would have
the chance to make changes and comments; he thinks this would be
a good chance to get the Town Center going; there is no cost of
same to the Village; he endorses this type of financing for the
Town Center; he believes the positives outweigh the negatives, and
he encourages Board members to proceed with this endorsement.
6622
5/20/85
Trustee Shields: He concurs with Trustee Glover, and he believes
that the Village needs to get the Town Center moving.
Trustee Kowalski: She encourages development of the Town Center, but
she concurs with Trustee O'Reilly regarding the retail space.
Trustee Marienthal stated that he also does not have a problem with
the office space.
Moved by O'Reilly, seconded by Glover, to endorse the office portion
of the proposed Market Square Town Center Development as they enter
into their Illinois Development Finance Authority bond issue.
Mr. Lieberman stated that the figures would be proportionately less,
although they would not be 50/50, since the cost of developing the
office would be substantially larger than retail development.
Trustee O'Reilly stated that she wants them to resubmit the summary
of project costs; Mr. Lieberman stated that those figures would be
resubmitted to the Village. Trustee Glover stated that the Finance
Authority will be closely analyzing these costs. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, O'Reilly, Glover, Shields, Kowalski
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Mr. Balling stated that the Buffalo Grove Fire Department will COMPUTER
be fully operational with the Computer Aided Dispatch System AIDED
as of 8:00 A.M. Wednesday, May 22, 1985; he asked that, if any DISPATCH
Board members hear any comments about same, they notify staff. SYSTEM
Mr. Balling noted that there will not be a meeting next week, FUTURE
and the next Regular Meeting will be June 3, 1985. AGENDA
PUBLIC HEARING - HIGH POINT PLAZA
President Clayton called the Public Hearing to order at 8:06 P.M. ,
and she then read the Notice of Public Hearing which was published
in the Buffalo Grove Herald on May 4, 1985, after which she read
the Purpose of Public Hearing.
President Clayton then swore in those persons to give testimony:
Gary Cawn, architect; Tony Valenziano, representing the developer;
Michael Menn, architect; Marcel Aimi; and Michael Downing, attorney.
Mr. Downing made a brief presentation, and then turned the presentation
over to Mr. Cawn. Mr. Cawn stated that the proposal consists of three
main structures, consisting of 47,450 square feet; he stated that
one-half of the detention is in the front, and one-half is in the
back; there will be 244 parking spaces, which exceeds requirements
by 28 spaces; he also displayed an artist's rendering as well as a
landscape plan. (TV)."
6623
5/20/85
Mr. Downing stated that they will provide parking spaces for the
Jewel people to park, and would encourage Jewel people to use them,
but they have requested relief from the requirement of a restrictive
covenant.
With regard to the use of the outlot, he stated that they have received
inquiries from fast-food people, as well as regular restaurants. Mr.
Balling stated that the Village did permit the opportunity for fast-
food restaurants, and stated that it is in the agreement that it
v would not be an inappropriate use for this location.
President Clayton asked if there were any other agencies or groups
interested in making comment; there were none. President Clayton
asked if there were any individuals wishing to make comments;
there were none.
There was discussion regarding the restrictive covenant as described
in Paragraph 24 (B) . With regard to parking in the Grove Center, Mr.
Downing stated that they met with the owner of that Center, but received
no cooperation at all; however, the Jewel people were very cooperative
with regard to the parking situation. Trustee O'Reilly stated that she
is skeptical that the Jewel employees will use this parking; Mr. Balling
stated that the Jewel management would strongly encourage their employees
to park in the rear. Trustee Glover stated that 52 spaces are noted in
one spot, and 53 spaces are shown in another document; staff was asked
to double-check the exact number of spaces.
President Clayton polled the Board: "Yes" indicates favor of leaving
Paragraph 24 (B) as written; "No" indicates opposition:
YES: 5 - Marienthal, O'Reilly, Glover, Shields, Kowalski
NO: 0 - None
ABSENT: 1 - Reid
With regard to a question from Trustee O'Reilly, Mr. Downing stated
that they are constricted on the distance of the restaurant to the
road by the detention.
Trustee Glover stated that he is concerned with the traffic in the
area, and he thinks it would deteriorate the traffic problem even
further by putting in a drive-in restaurant.
Trustee Shields stated that these issues were not brought before the
Plan Commission; he stated that a drive-in restaurant was not discussed.
In answer to a question from Trustee Glover, Plan Commissioner Musfeldt
stated that that the discussion at the Plan Commission centered on
detention, the out building, traffic problems, ingress/egress, and
the fact that the area was overbuilt.
Trustee Shields stated that he believed that this was an overall
improvement, but without consideraing a fast-food establishment;
Commissioner Goldspiel objected to the plan, believing that it is
congested.
6624
5/20/85
Trustee Marienthal stated that a fast-food establishment would
compound the traffic problem which already exists.
Mr. Downing stated that the reason that the Plan Commission did not
review any type of plan with a fast-food restaurant is that the
inquiries came to them after they had been at the Plan Commission; he
suggested that they will limit the outlot to a restaurant, provided
that, if they receive an inquiry from a drive-through restaurant, they
be allowed to conduct a traffic study, which they will pay for, which
they would present to the Village Board.
Mr. Raysa confirmed to Mr. Downing that he does have the right to
come back before the Board and ask that a drive-in restaurant be
considered.
Trustees Marienthal, O'Reilly, Glover, and Kowalski stated that they
would want to preclude a drive-up/drive-through facility; Trustee
Shields stated that he would want to preclude a drive-up/drive-through
facility as well as a fast-food facility.
Mr. Cawn stated that the definition of a drive-in/drive-through
facility would be when a person did not have to leave the vehicle.
President Clayton polled the Board: "Yes" indicates favor of
including Paragraph 23 (C) as written, but including the appropriate
language that any kind of a drive-up/drive-through facility will not
be permitted; "No" indicates opposition:
YES: Marienthal, O'Reilly, Glover, Kowalski
NO: Shields
ABSENT: Reid
With regard to the pylon sign, Mr. Downing stated that they would be
in favor of a single sign for both parcels, however, they received
no cooperation on same from Tucker & Associates; they will continue
to pursue a singular identification sign with Tucker & Associates.
In answer to a question from Trustee O'Reilly, Mr. Raysa stated that
it is possible to prohibit another sign.
Mr. Downing stated that they are proposing a ground monument sign.
Mr. Downing reviewed the situation with regard to the Grove Center;
he again pointed out that they have had no cooperation from the
owners of the Grove Center.
In answer to a question from Trustee Glover, Mr. Balling stated
that the petitioner must work with the owner and the tenant in the
Grove Center.
Mr. Balling stated that he has worked with Jewel both locally and
regionally and they agree that traffic is a problem, but believe
that the High Point people should work with Tucker & Associates.
Mr. Balling stated that Ken Tucker has shown no interest in any
modification. i/1
6625
5/20/85
Trustee O'Reilly stated that, since the traffic is going to come
from the Jewel, it would behoove the High Point people to solve
the circulation problem, even if they have to pay for it. Mr.
Valenziano stated that, even if they do pay for it, Mr. Tucker
has indicated that he would not allow it.
President Clayton polled the Board: "Yes" indicates favor of
including the wording on page 2 (the paragraph in quotes) of
Mr. Balling's May 16, 1985 memo to the Board; "No" indicates
opposition:
YES: Marienthal, O'Reilly, Glover, Shields, Kowalski
NO: None
ABSENT: Reid
Mr. Raysa questioned the timing, and the hold over the developer as
far as enforcement of the provision just approved; the proposed language
just approved has no time limit on it.
Mr. Balling stated that this would be anticipated to be a bonded,
off-site improvement to be included in the DIA; the Village would
treat it as an off-site bonded improvement.
President Clayton stated that staff would rely on Mr. Raysa to
word the above in such a way that it is legally acceptable.
Mr. Downing stated that they cannot accept that provision because
Ken Tucker will not cooperate, and it is not fair to penalize the
High Point owners because of a third party's failure to negotiate.
Mr. Balling stated that, if this is treated as a bonded, off-site
improvement, the Village would have to return the money if all
avenues to effect this improvement have been explored.
Mr. Downing stated that his client would agree to a $6,000 figure, ,
if, after a reasonable period of time, the result cannot be achieved,
the money would be returned to the High Point people.
Mr. Raysa stated that the proposal is that, in the Annexation Agreement
and the PUD agreement, the owner will, in effect, cover the cost, up
to a maximum of $6,000, for improving the parking lot to the south,
for a period of the standard DIA, which is two years from the time
of platting. The owner/developer would attempt to enter into an
agreement with the owner to the south; if the owner/developer comes
to the Village and tells them that he cannot enter into such agreement,
the Village would then try to effect a solution; if the Village cannot
enter into such agreement, the $6,000 would then be returned to the
owner/developer of High Point.
Mr. Balling stated that he does not believe that the $6,000 will
cover the costs.
President Clayton stated that information should be brought to the
Board regarding the wording, and the estimate of the cost of the
improvements. 9TAA)
6626
5/20/85
Mr. Downing reiterated that they are not in agreement with the
amount stated above.
Trustee Reid arrived at this time.
There was discussion regarding the use of the driveway between
the two centers; there was also discussion regarding the traffic
recommendation. With regard to the service drive, Mr. Cawn stated
that a right-in/right-out would seem to satisfy all requirements.
O'Reillystated thatshehopes thatpointthat the Zoning
p #9
Ordinance is short is going to be addressed.
President Clayton asked if there were any other questions or comments;
there were none.
President Clayton noted that the ordinances and agreements will be
back to the Village Board for the June 3, 1985 Regular Meeting.
President Clayton closed the Public Hearing at 9:25 P.M.
President Clayton declared a recess from 9:25 P.M. to 9:38 P.M. RECESS
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.
Moved by O'Reilly, seconded by Marienthal, to pass Ordinance ORDINANCE
#85-23, an ordinance amending Chapter BG-16 Enforcement, penalty #85-23
and disposal of fine and forefeiture of the Village of Buffalo (Handicap
Grove Municipal Code. This ordinance raises the fine for viola- Parking
tion of handicap parking zones from 10 to 50 dollars in confor- Zones)
mance with recent amendment of the Illinois Vehicle Code. 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 Marienthal, to adopt Resolution RESOLUTION
#85-30, a resolution authorizing the execution of an Agreement #85-30
between the Village of Buffalo Grove and the Lake County Board (Agreement -
�/ of Health regarding rabies and animal control. This agreement Lake Co.
amends the existing agreement between the Village and Lake Rabies &
County. As the Village does not use the Lake County impound- Animal Control
ment facility, the only effect is to provide a discounted rabies
registration rate. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYE: 0 - None
Motion declared carried. �(Yr
U �
6627
5/20/85
Moved by O'Reilly, seconded by Marienthal, to authorize the WAIVER OF
waiving of bids and the purchase of a Physio-control Lifepac 5 BIDS
unit. The authority to waive bids is requested as the unit is (Physio-
a required item by the Northwest Community Hospital Mobile control
Intensive Care Unit. The purchase was approved in the FY1985- Lifepac 5)
1986 budget. 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 Marienthal, to authorize the AUTHORITY TO
bidding for a High Pressure Respiration Air System. This BID (High
Fire Department equipment item was approved for purchase in Pressure
the FY1985-1986 budget and authorization to bid is requested. Respiration
Upon roll call, Trustees voted as follows: Air System)
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal, to approve the Final FINAL
Acceptance of Lot 18/19 of the Buffalo Grove Commerce Center - ACCEPTANCE
Paulus Warehouse. The Village Engineer recommends final (Lot 18/19
acceptance of the subject project. Upon roll call, Trustees B. G. CommercE
voted as follows: Center - Paulu
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski Warehouse)
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal, to approve the CHATHAM MANOR
Appearance Commission recommendation reference Chatham Manor, MULTI-FAMILY
Multi-Family West, architecture (materials/elevations) , lands- WEST
caping and lighting. The Appearance Commission recommends (aesthetics)
approval of these aesthetic elements of the subject 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 Marienthal, to approve the GIFTCO
Appearance Commission recommendation reference Giftco Building, BUILDING
Corporate Grove Lots 107 and 113, architecture (materials/ (Corporate
elevations) , landscaping, and lighting. The Appearance Grove Lots
Commission recommends approval of these aesthetic elements 107 & 113
of the subject project. Upon roll call, Trustees voted as aesthetics)
follows:
`.� AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Moved by Glover, seconded by O'Reilly, to pass Ordinance #85-24, ORDINANCE
annexing certain territory to the Village of Buffalo Grove. #85-24
President Clayton noted that public notice was published in the (Happ Farm
Buffalo Grove Herald on May 7, 1985. Upon roll call, Trustees Homestead)
voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
6628
5/20/85
Moved by Glover, seconded by O'Reilly, to pass Ordinance ORDINANCE
#85-25, annexing certain territory to the Village of Buffalo #85-25
Grove. President Clayton noted that public notice was published (Archdiocese
in the Buffalo Grove Herald on May 7, 1985. Upon roll call, Property)
Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. Balling, Chief McCann, and Mr. Raysa reviewed the history ORDINANCE
of the proposed ordinance amendment. #85-26
(GSO Program)
Moved by O'Reilly, seconded by Glover, to pass Ordinance #85-26,
amending Ordinance #76-43 (General Service Officer) . Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. Raysa and Trustee Marienthal explained the request for the RESOLUTION
extension to July 15, 1985. #85-31
(Delice
Moved by Marienthal, seconded by O'Reilly, to pass Resolution DeFrance IRB)
#85-31 to approve the request for Industrial Revenue Bond
closing date extension to July 15, 1985 for Delice DeFrance.
Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Mr. John Wimand of Delice DeFrance stated that everything is
moving along smoothly.
Mr. Raysa pointed out that the document is labeled Phase 5, BUFFALO GROVE
when it actually covers Phases 5 and 6; Mr. Truesdell stated BUSINESS PARK
that a correction will be made on the document. Moved by Glover, (Phases 5 & 6)
seconded by O'Reilly, to approve the Preliminary Plan for the
Buffalo Grove Business Park, Phases 5 & 6. Upon roll call,
Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
Trustee Marienthal referred to a memo dated May 20, 1985 PROFESSIONAL
regarding the appraisal of property just east of the golf APPRAISAL
course, for a cost not to exceed $750.00. SERVICES
Moved by Marienthal, seconded by O'Reilly, to approve this
particular proposal for appraisal of the property which is being
considered for the police facility on the campus plan for the
Village service. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: 0 - None
Motion declared carried.
6629
5/20/85
Mr. Kuenkler stated that this would be the approval of the SPOERLEIN
initial commercial phase of Spoerlein Farm; he noted that the FARM
proper bond has been submitted.
Moved by Glover, seconded by Reid, to accept the final plat
of subdivision for the Spoerlein Farm, subject to the receipt
of the construction permit. 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 O'Reilly, to accept the final plat
of vacation on the Spoerlein Farm. 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 9:58 P.M.
Janet M. rabian, Village Clerk
APPROVED BY ME THIS 3/J DAY
OFF , 1985.
Village President
Li