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1984-04-02 - Village Board Regular Meeting - Minutes 6382 4/2/84 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, APRIL 2, 1984. President Clayton called the meeting to order at 7:30 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; William Raysa, Village Attorney; James Doyle, Assistant Village Manager; William Brimm, Finance Director; Gregory Boysen, Director of Public Works; James Truesdell, Village Planner; and Paul Kochendorfer, Village Treasurer. Moved by Stone, seconded by Reid, to approve the minutes of APPROVAL OF March 19, 1984 Regular Meeting. After some discussion, MINUTES Trustees voted as follows on the motion: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Mr. Kochendorfer read Warrant #523. Moved by O'Reilly, seconded WARRANT #523 by Reid, to approve Warrant #523 in the amount of $697,017.13, authorizing payment of bills listed. It was requested that item #054626 in the amount of $3,000.00 be removed from the warrant. Trustee O'Reilly amended the motion to include this request, and Trustee Reid seconded the amendment. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. President Clayton read the proposed Resolution commending RESOLUTION Stephen H. Stone for serving as Chairman of the Warner Regional #84-20 Cable Group during the year ending April 30, 1984. Moved by O'Reilly, seconded by Hartstein, to pass Resolution #84-20. Upon voice vote, the motion was unanimously declared carried. President Clayton then thanked Trustee Stone for representing the Village so well on this group, and presented him with a plaque honoring his service. Trustee O'Reilly noted that there will be a Public Hearing BUFFALO GROVE regarding Buffalo Grove Road on Tuesday, April 3, 1984. ROAD Trustee O'Reilly also noted that there will be a meeting of the LAKE COUNTY Lake County Solid Waste Study Group on Tuesday, April 10, 1984 SOLID WASTE at the Vernon Township Hall, and Trustee O'Reilly urged all Board GROUP members to attend. C � 6383 4/2/84 Mr. Balling noted two significant achievements by the staff in IRMA the past year in meeting or exceeding annual goals set for IRMA members in reducing the number of auto losses and claims, and the cost of worker's compensation claims. Mr. Balling presented this formal Commendation to President Clayton. Mr. Balling stated that Mr. Brimm is the representative to IRMA, and also the loss prevention officer for the Village. Mr. Brimm then presented two plaques which have been awarded to the Village by Gallagher Bassett Insurance Service Loss Prevention Division: . . .For Achieving the Lowest Auto Frequency Rate . . .For Most Significant Improvement in Workers' Compensation and Auto Frequency The Village only experienced one automobile loss last year, which is the lowest the agency has ever had in all of the years in which it has administered public pools. Mr. Brimm thanked everyone for the support they have given to these programs. President Clayton thanked Mr. Brimm and all the depart- ment heads and the staff for the support of the safety programs, and stated that they are responsible for the Village being able to receive these awards. Mr. Balling stated that formal notification was received from the MFOA Municipal Finance Officers Association that Buffalo Grove has again re-certified its Certificate of Conformance for Excellence in Financial Reporting; Mr. Balling presented this Certificate to President Clayton. MFOA also provides an Award of Financial Reporting Achievement which is presented to the financial officer responsible for keeping the books; Mr. Balling presented this award to Mr. Brimm. Mr. Balling stated that there will be a Special Meeting on FUTURE AGENDA April 9, 1984 in order to maintain the timetable necessary for the extension of Buffalo Grove Road. Mr. Balling reported that a small section of the Village in the MSD Cook County portion of Buffalo Grove is not presently in the district limits of the Metropolitan Sanitary District; he pointed the area out to the Board. The owners brought this matter to Mr. Balling's attention, and they are petitioning the MSD for annexation of that small portion of the Village into the MSD. President Clayton asked Mr. Balling to send a letter expressing the Village's support of this annexation; there was no objection from any of the Trustees. President Clayton asked if there were any questions from the QUESTIONS FROM audience; there were none. THE AUDIENCE 6384 4/2/84 President Clayton explained the Consent Agenda, stating that CONSENT any member of the audience or the Board could request that an AGENDA item be removed for full discussion; there were no such requests. Moved by Glover, seconded by Stone, to approve Resolution RESOLUTION #84-16, a resolution providing for the Retirement of Certain #84-16 Municipal Indebtedness by the Use of Motor Fuel Tax Funds. (MFT Funds) This resolution is required in order to expend Motor Fuel Tax Funds for 1984 debt service requirements of the 1982-A bonds issued for street reconstruction and rehabilitation. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by Stone, to approve Resolution RESOLUTION #84-17, a resolution commending Fredrick E. Jacobson of the #84-17 Warner Regional Cable Group for his Efforts on Behalf of the Five Member Communities During the Year Ending April 30, 1984. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by Stone, to approve Resolution RESOLUTION #84-18, a resolution commending William McLeod of the Warner #84-18 Regional Group for his Efforts on Behalf of the Five Member Communities During the Year Ending April 30, 1984. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by Stone, to approve Resolution RESOLUTION #84-19, a resolution commending James P. Petri of the Warner #84-19 Regional Cable Group for his Efforts on Behalf of the Five Member Communities During the Year Ending April 30, 1984. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by Stone, to approve the Easement APPROVAL OF Agreement for the Milwaukee Avenue Water Main Project. The EASEMENT AGREE- Village Engineer recommends approval of the easement agreement MENT (Milwaukee and payment of the legal fees related thereto. Upon roll call, Avenue Water Trustees voted as follows: Main Project) AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. 6385 4/2/84 Moved by Glover, seconded by Stone, to approve the Appearance APPEARANCE Commission recommendation reference Chatham, revised landscaping COMMISSION behind building 12. Appearance Commission recommends approval RECOMMENDATION of this change in the landscaping plan of the subject project. (Chatham) Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. �./ Moved by Glover, seconded by Stone, to approve the Appearance APPEARANCE Commission recommendation for Northern Essex Development COMMISSION Corporation (B. G. Commerce Center) - architecture/materials, RECOMMENDATION I landscaping, lighting. The Appearance Commission recommends approval of these aesthetic elements of the subject project. (B. G. Commerce Upon roll call, Trustees voted as follows: Center) AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Moved by Glover, seconded by Stone, to approve the Appearance APPEARANCE Commission recommendation reference Sommerset - elevation change. COMMISSION The Appearance Commission recommends approval of this elevation RECOMMENDATION change for the subject project. Upon roll call, Trustees (Sommerset) voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Mr. Tim Beechick of Trammell Crow Company stated that they are ORDINANCE before the Board this evening for final approval of the Buffalo #84-28 Grove Business Park and Retail Center being developed at the (B. G. Business intersection of Arlington Heights and Lake-Cook Roads; the total Park PUD) land area is comprised of approximately 30 acres. Discussion has taken place regarding a method to the PUD to increase the amount of retail area to approximately 8.8 acres. A phasing program has been set up; the second phase is the retail center which is to be presented this evening. Mr. Tim Barrett of the Trammell Crow Retail Development Staff 4 made a presentation to the Board. Mr. Barrett stated that they are asking for an additional 3.3 acres of retail space; he displayed a rendering of a food and drug store which would consist of approximately 61,000 square feet; the shopping center is expected to do approximately $30,000,000 to $35,000,000 in business each year; they have spent a great deal of time regarding in-depth traffic studies; the traffic studies took into account all retail and office space open and occupied and Route 53 extended to Lake-Cook Road; the bridge on Lake-Cook Road to the west of Buffalo Grove; consensus has been reached at all levels that the parking plan is a functional, workable plan; they reviewed land use along Lake-Cook Road, and do not think that it is conceivable that Lake-Cook Road could turn into another Dundee Road traffic situation; they want to keep Dominick's in 6386 4/2/84 Buffalo Grove and develop a first-class center at this site; they want the front door to the community and their development to be developed in the right manner, and they think that they have the ability to get that done. Trustee Stone stated that he thinks that the center is pretty, but he has reservations regarding the southern driveway where traffic would wish to turn left into the auxiliary stores and block the sidewalk and the bike path, and he thinks that something must be done to correct that situation. Mr. Barrett explained the steps which were taken in order to prevent the problem which concerns Trustee Stone, and to minimize congestion in the parking lot. Mr. James McDermott, Vice President of Dominick's Foods stated that they have signed a 20 year lease with 5 year options; they expect to stay at least 15 years, but stated that it is difficult to predict that many years away. Trustee Stone stated that this plan was approved by the Plan Commission by a 4-2 affirmative vote; one of the absent commissioners had a letter read which stated his opposition to the plan. Mr. Barrett reviewed the landscaping plan at the request of Trustee O'Reilly; he stated that there will be a berm along the rear of the property, but there will not be berms along Arlington Heights or Lake-Cook Roads. In answer to a question from Trustee Hartstein, Mr. Truesdell stated that he does not have any dollar figures regarding the property tax. Mr. Barrett stated that they will begin construction this summer, and open for business at this time next year. In answer to a question from Trustee Hartstein, Mr. Barrett stated that, if the expanded commercial is not approved, Trammell Crow would not do the project and the property would revert to the current owner, Mr. Saltzman. Mr. Barrett stated that they would not be amenable to limited access on Arlington Heights Road, because they think that a good traffic flow is critical to their successful business; and stated that they would not be interested in proceeding if the Board saw fit to limit that particular access point. Trustee Hartstein stated that he is impressed with the aesthetics of the project, but he is concerned with some of the hedges or trees blocking the line of sight; Mr. Barrett stated that they have redesigned the plan so that the line of sight will be protected. Mr. Barrett stated that he does not have any renderings of the rear of the building, but stated that it is all brick, and there will be screening for trash, etc. U 6387 4/2/84 In answer to a question from Trustee Glover, Mr. McDermott stated that he would guess that the average age of the Dominick's stores would be approximately 10 years; he also stated the advantage to building in Lake County versus Cook County. Mr. Barrett answered a question from Trustee Glover regarding berming, stating that they did consider it, but that there just is not enough room, and it would eliminate too many parking spaces. Trustee Gloverquestioned staff regarding the traffic study, and g g Mr. Truesdell stated that he and Mr. Kuenkler had a number of meetings with representatives from Metrotransportation, and they feel that this plan will work well from a traffic standpoint. In answer to a question from Trustee Reid, Mr. Barrett stated that they do not think that it is necessary to provide a deceleration lane on Lake-Cook Road. Mr. Beechich and Mr. Barrett addressed a question from Trustee Reid regarding trucks cutting through the shopping center parking lot to the driveway of the one-store office building. In answer to a question from Trustee Reid, Mr. Barrett stated that the proposed restaurant will definitely be a top-quality restaurant. Trustee Marienthal suggested moving the berming from the back of the center to the front of the center; Mr. Barrett stated that the berming at the back of the center is essential to the office buildings which it will face. President Clayton stated that she understands that there will be screening on the road side, but not berming; Mr. Barrett stated that that is correct. Mr. Truesdell stated that there will be 4' hedges along Lake-Cook Road. Trustee Marienthal questioned the delivery schedules to be made to the Dominick's; Mr. McDermott stated that he assumes that they will be the same as they are now, but they could reschedule them if a problem arises. Mr. Barrett stated that they would be amenable to putting in signage alerting motorists to the bike path. Mr. Barrett stated that the restaurant pad will be sodded until the restaurant is ready to be built. Regarding the parking spaces along Lake-Cook Road, Mr. Barrett stated that the parking spaces along Lake-Cook Road are more critical to them than berming would be. In answer to a question from Trustee O'Reilly, Mr. Barrett stated that they have agreed to pay the local share of the traffic signals at the northern point, and the entrances to the office park; shoppers will be able to use the lights and the office park entrances when and if they are put in. 11q 6388 4/2/84 Trustee O'Reilly asked about the hours of operation for the Dominick's store; Mr. McDermott answered that they are not proposing a 24-hour operation. Trustee O'Reilly stated that she thinks there should be screening on Arlington Heights Road as well as Lake-Cook Road; Mr. Barrett stated that he could talk with the landscaper. President Clayton polled the Board: "Yes" indicates favor of requiring screening along Arlington Heights Road; "No" indicates opposition: YES: Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NO: None Trustee O'Reilly questioned the pedestrian signalization; Mr. Truesdell stated that it will be similar to what is at the corner of Lake-Cook and Raupp. Mr. Balling stated that there will be a striped crosswalk; he also stated that the Village will not have absolute authority regarding the signal, since it will be the County's responsibility. In answer to a request from Trustee O'Reilly, Mr. Barrett stated that the Village has his assurance that the bikepath will be useable during construction. Trustee Hartstein asked if Dominick's has an alternate site in mind; Mr. McDermott stated that they do have alternate sites in mind, both of which are outside of Buffalo Grove. Mr. Truesdell stated that the staff is very comfortable with the traffic situation. In answer to a question from Trustee Hartstein; Mr. Spivak of District #96 stated that they want the Board to do what is in the best interest of the community as a whole; they would be pleased to have the development start now. In answer to a question from Trustee Glover, Mr. McDermott stated that there are not currently any quality restaurants adjacent to a Dominick's store; he stated that he would prefer not to have a restaurant there at all because it cuts down on the visibility of their store, and also infringes on the parking, but he is confident that Trammell Crow will place a quality restaurant on the site. Mr. McDermott stated that he has language in his lease limiting the size of the restaurant to 4,500 square feet, and insuring that it will not be a fast- food restaurant. Mr. Frank Kaplan of Whitehall Court stated that he opposes the development because he thinks that it will be a safety hazard for his 3 children; he also asked about the lighting. Mr. Barrett stated that the lighting comes later in the development process; there will be lighting on the building and in the lot; the lights in the lot will go off approximately 1 hour after closing; the lights will probably be 30' to 35' high. President Clayton stated that, if this development is approved, the lighting and the landscaping will be handled by the Appearance Commission. i I I I V I I I I I I I V 6389 4/2/84 Mr. James Fergus of Timberhill Road stated that there is a restaurant in the parking lot of the Dominick's in Wheeling; he is concerned about the increase in traffic if Route 53 opened up at Lake-Cook Road; he is concerned that, if a stop light is placed at Timberhill Road and Lake-Cook Road, the residential streets would serve as a short-cut to avoid the shopping center. Mr. Burt Harris of Silver Rock Lane commented on several major points: health, walfare and safety of residents; the shopping centers where the food stores vacate suffer; he is concerned about the effect on his office building on the south side of Lake-Cook Road; he suggested that Dominick's consider enlarging their store at their present site; he commented on the safety aspect because of the traffic situation to be created; he pointed out alternate sites in Buffalo Grove where Dominick's could relocate; he suggested that Dominick's could also locate in the Town Center. Mr. McDermott stated that they still have time to run on their lease; he thinks that the owner will want to lease the store himself in order to get a higher rent; he stated that Dominick's cannot afford to have the store remain vacant. President Clayton stated that there will be a bike path along the east edge of the office park. Mr. McDermott stated that they do not want to locate in the Town Center. Mr. Ron Benach made some comments regarding the proposed develop- ment, and stated that he thinks that Dominick's is a quality store; and he thinks that the proposed site is the most logical choice. Mrs. Joy Eberhart of Country Lane stated that she is concerned with the traffic; she thinks that there should be a berm on Lake- Cook Road; she is concerned with the odors from restaurants; she does not think that the grocery store should be located in a residential area. Trustee Hartstein questioned the size of the restaurant, i.e. the 4,500 square feet stated by Mr. McDermott as opposed to the 6,400 square feet shown on the preliminary plan. Mr. Barrett stated that, if a need is shown for the restaurant to be more than 4,500 square feet, he has the opportunity to negotiate same with Mr. McDermott. Mrs. Cheryl Winstead of Bernard Drive asked if the restaurant would require a liquor license; Mr. Barrett stated that it would not necessarily require a liquor license. Mrs. Winstead stated that she thinks that the Town Center would be a good location for Dominick's; Mr. McDermott answered that Dominick's doe not think that the Town Center would be a good location. 6390 4/2/84 Mrs. Mary Lou Shields thinks that residents want to see a centralized Town Center; she does not think that a grocery store belongs on that corner; since it is across the street from a forest preserve, she does not think this is a compatible site; she does not think a restaurant is appropriate in the parking lot of a grocery store. Mrs. Shields presented a petition containing approximately 200 signatures opposing the development, which Mr.Balling read. Mr. Barrett stated that, for the record, the traffic count did anticipate the extension of Route 53, and all traffic counts were made with the bridge to the west of Buffalo Grove in place. Mr. Patrick Shields, Plan Commission Chairman, stated that the deciding factor at the Plan Commission appeared to be that there would be little difference in traffic whether the approved plan or the proposed plan were built. President Clayton declared a recess from 10:05 P.M. to 10:13 P.M. RECESS There was then Board discussion regarding the pros and cons of this development, taking into consideration all points which have been raised during tonight's meeting. Trustee Marienthal asked for a polling on whether or not we want a berm along Lake-Cook Road. Mr. Barrett stated that they have done a great deal of compromising on this plan, and he stated that parking and visibility are important to them. President Clayton polled the Board: "Yes" indicates favor of providing a bermed buffer along Lake-Cook Road; "No" indicates opposition: YES: 2 - Marienthal, Glover NO: 4 - Stone, O'Reilly, Hartstein, Reid Moved by O'Reilly, seconded by Stone, to pass Ordinance #84-28, theBuffalo Grove Business Park and Retail Center Planned Unit Development Agreement, including all verbal agreements which were made during tonight's meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. President Clayton noted that the Plan Commission referral of BRUNSWICK the Brunswick property is moved to this spot on the agenda. PROPERTY Mr. Jon Nelson explained the changes which were made in the (Lexington plan, pointing out that the open space was increased, the number Development) of single-family lots was increased by 14, and the number of multi-family units was reduced to 286. Trustee Hartstein stated that this is a much better plan. Moved by Hartstein, seconded by Marienthal, to refer the Brunswick Property (Lexington Development Company) to the Plan Commission for refinement, taking into consideration the items in Mr. Truesdell's memo, as well as the minutes of this Board. r\ -__, 6391 4/2/84 Trustee Marienthal complimented the developer for taking into consideration the concerns of the Board, as did Trustee Reid and Trustee O'Reilly. Upon voice vote, the motion was unanimously declared carried. Mr. Brim explained the proposed ordinance, which relates to liquor license fees. vMoved by Hartstein, seconded byO'Reilly, to pass Ordinance ORDINANCE CE #84-29 amending Title 5, Chapter 5.20 of the Village of Buffalo #84-29 Grove Municipal Code. Upon roll call, Trustees voted as (Liquor) follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. President Clayton explained that this ordinance would provide ORDINANCE for an additional Class D liquor license. Moved by O'Reilly, #84-30 seconded by Reid, to pass Ordinance #84-30, amending Chapter (Liquor) 5.20 of the Village of Buffalo Grove Municipal Code. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Trustee Hartstein explained the proposed ordinance, which ORDINANCE relates to water rates. Moved by Hartstein, seconded by #84-31 O'Reilly, to pass Ordinance #84-31, amending Section 13.04.200 (Water Rates) of the Buffalo Grove Municipal Code. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Trustee Hartstein explained that this ordinance relates to the ORDINANCE annual fee for tobacco products. Moved by Hartstein, seconded #84-32 by Marienthal, to pass Ordinance #84-32 amending Title 5, (Tobacco Fees) Chapter 5.32 of the Village of Buffalo Grove Municipal Code. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None Motion declared carried. Lad Moved by Hartstein, seconded by Glover, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:02 P.M. IV/Yurt Sul-6 Jan . Sirabian, Village Clerk APPROVED BY ME THIS COL DAY OF Q, , 1984. Village President