1984-07-02 - Village Board Regular Meeting - Minutes 6432
7/2/84
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JULY 2, 1984
President Clayton called the meeting to order at 7:36 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President ROLL CALL
Clayton; Trustees Marienthal, Stone, O'Reilly, Hartstein,
and Reid. Trustee Glover was absent. 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; Ray Gustafson, Civil Engineer; Police Chief
McCann; and Paul Kochendorfer, Village Treasurer.
Moved by Hartstein, seconded by O'Reilly, to approve the APPROVAL OF
minutes of the June 18, 1984 Regular Meeting. Upon roll MINUTES
call, Trustees voted as follows:
AYES: 4 - Marienthal, Stone, O'Reilly, Hartstein
NAYES: 0 - None
ABSENT: 1 - Glover
ABSTAIN: 1 - Reid
Motion declared carried.
Mr. Kochendorfer read Warrant #529. Moved by Marienthal, WARRANT #529
seconded by O'Reilly, to pass Warrant #529, in the amount
of $415,509.58, authorizing payment of bills listed.
Chief McCann stated that there is a $450.00 item on the
Warrant to Marenko, which should be removed. Trustee
Marienthal amended his motion to delete the $450.00 to
Marenko; Trustee O'Reilly seconded the amendment. Upon
roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
President Clayton thanked those people who had volunteered BLOOD DONOR COMMIS-
to serve on the Blood Donor Commission, and also thanked SION APPOINTMENTS
the press for publicizing the need for members on this
Commission. President Clayton then appointed Bob Ryan,
for a term to expire 4/30/87; Rose Green and Carol Quick,
for terms to expire 4/30/86; and Juanice Davis and Jeff
Jacobsen, for terms to expire 4/30/85, to the Community
Blood Donor Commission. Moved by O'Reilly, seconded by
Reid to concur with President Clayton's appointments.
Upon voice vote, the motion was unanimously declared
carried.
President Clayton then noted that Carol Quick, Juanice
Davis, and Jeff Jacobsen were in the audience, and she
thanked them for their willingness to serve the Village.
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Trustee Stone informed the Board that the Warner CABLE TV
Regional Cable Group will be having a meeting on
July 12, 1984, with American Cablesystems of Illi-
nois attending. American Cablesystems of Illinois
is the company that is proposing to purchase the
Warner franchise in this area. Trustee Stone urged
all Board members to attend to see what the differ-
ences may be, and what the new company is proposing
l to do. The meeting will be at the Elk Grove Village
�./ Hall.
Trustee Hartstein commented on an article which NEWSPAPER ARTICLE
appeared in the Buffalo Grove Herald on June 30,
1984, the headline of which read "Village Rips
Collective Bargaining", which indicated that
Buffalo Grove officials are adamantly opposed to
the new Collective Bargaining law which goes into
effect July 1, 1984. Trustee Hartstein stated that
he would like to except himself from that group.
President Clayton stated that she thinks that every-
one on the Board would be a part of that statement.
Trustee O'Reilly thanked Mr. Doyle for the superb job PERSONNEL RULES
that he did in putting together the Personnel Rules and AND REGULATIONS
Regulations; Trustee Reid echoed Trustee O'Reilly's
comments.
Mr. Balling reported that Mr. Raysa has been working VILLAGE MANAGER'S
with staff to provide legal services in connection with REPORT
the land acquisition phase of the FAUS project for
Buffalo Grove Road in the Lake County section. Mr.
Raysa suggests that the Village employ co-counsel; Mr.
Balling will be bringing a recommendation concerning
same to the Board at the July 16, 1984 Regular Meeting.
President Clayton explained the Consent Agenda, and stated CONSENT AGENDA
that any member of the Board or the audience could request
that an item be removed for full discussion; there were no
such requests.
Moved by Marienthal, seconded by Reid, to pass Resolution RESOLUTION #84-44
#84-44, establishing prevailing wage rates for Public Works
construction. Chapter 48, Section 39s-9 of the Illinois
Revised Statutes requires that area prevailing wage rates
for employees engaged in public works construction be
established annually. This resolution places the Village
in compliance with the Act. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES : 0 - None
ABSENT: 1 - Glover
Motion declared carried
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Moved by Marienthal, seconded by Reid, to award the bid for FIRE STATION
the Fire Station 5 carpeting. Award of bid is recommended (Award of Bid)
to Carpets by Ray & Son, Inc. , in the amount of $4,803.
This was the only bid received, and is below the $5,000
approved in the budget for this purpose. Upon roll call,
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the Appear- BUFFALO GROVE
ance Commission recommendation for the Buffalo Grove Commerce COMMERCE CENTER
Center, Buildings 24 and 31 - Landscaping and Lighting. The (Bldgs. 24 and 31)
Appearance Commission recommends approval of these aesthetic
elements of the subject properties. Upon roll call, Trustees
voted as follows:
AYES : 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the Appear- WAG'S RESTAURANT
ance Commission recommendation for Wag's Restaurant - Lighting
change. The Appearance Commission recommends this change in
lighting for the subject property. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Moved by Marienthal, seconded by Reid, to accept the Appear- CANDLEWOOD CREEK
ance Commission recommendation for Candlewood Creek (Pauline
and Raphael Avenues) new models - architecture, materials,
color combinations, and lighting. The Appearance Commission
recommends approval of these aesthetic elements of the sub-
ject project. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried
Moved by Marienthal, seconded by Reid, to approve the Plat of BUFFALO GROVE
Vacation - Utility Easements (Buffalo Grove Commerce Center, COMMERCE CENTER
Lots 17, 18, and 19) . These side yard easements are no
longer necessary due to the final alignment of utilities.
Approval of the plat is recommended by the Engineering
Division. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried
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Moved by Marienthal, seconded by Reid, to award the bid for SIDEWALK REMOVAL
the 1984 Contractual Sidewalk Removal and Replacement. & REPLACEMENT
Award of bid is recommended to the low bidder, Keeneyville
Construction, Inc. , in the amount of $9,073.38. Upon roll
call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
After explanation, Mr. Freedman stated that they request ORDINANCE #84-46
that the Board take action tonight, subject to their pro- (Brunswick Property
viding the Village with a signed agreement by Lexington as South)
well as the legal title holder. Regarding the question
raised of electors on the property, Mr. Freedman stated
that their signatures were obtained in a notarized supple-
mental petition, which was delivered to Mr. Balling.
Mr. Balling stated that the language that Mr. Raysa is
recommending to respond to the concern of Brunswick would
be identical to Paragraph 26 of the Corporate Grove Agree-
ment; the only modification would be that the title would
be changed to Exculpation of owners.
There was discussion regarding the sanitary sewer alignment.
Moved by Stone, seconded by Reid, to follow staff's recom-
mendation, based on Richard Kuenkler's memo on the subject;
Mr. Freedman stated that they had no comments regarding this
subject. Upon roll call Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Mr. Raysa stated that, in the language referred to previously
which would be parallel to Paragraph 26 of the Corporate Grove
Agreement, the references to "Owners" would be changed to
"Purchasers" in this agreement.
Lengthy discussion then followed with regard to Village recap-
ture for the sewer. Trustee O'Reilly stated that, had she known
that the Village would not consider backstopping, she would not
have voted for requiring the recommended alignment of the sewer
if she had realized that it went north of Aptakisic Road; there-
fore, she thinks that the Village has an obligation to backstop
the cost of this requirement.
Moved by Stone, seconded by Hartstein, to pass Ordinance #84-46,
approving the Annexation Agreement for the Brunswick Property
South, subject to the receipt of the formal application and .
signed agreements, and including the "Exculpation" clause similar
to Paragraph 26 of the Corporate Grove Annexation Agreement.
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Trustee O'Reilly commented that there is not written approval
from the Park District. Mr. Schwebke stated that the minimum
requirements were met on the original plan, but he cannot com-
ment on this plan because of the changes made. Mr. Nelson stated
that the requirements of the Ordinance have been met. Mr.
Freedman stated that if they are not met, they will adjust the
plan.
Trustee Stone questioned whether or not the Supplemental Petition
to annex should be specifically mentioned. Mr. Raysa stated that
that will become part of Exhibit A. Trustee Stone amended his
motion to include the Supplemental Petition for Annexation as
a part of Exhibit A, and also to delete the phrase "of the formal
application and". Trustee Hartstein seconded the amendment. Mr.
Raysa pointed out, regarding the Park District requirements, that
paragraph 22 stated that the developer has satisfied the Park
requirements. Mr. Nelson stated that they have well exceeded the
passive park land, and are slightly over the active park land.
Trustee O'Reilly asked if it would be satisfactory to drop the
last part of the paragraph which stated that the donation require-
ment has been met. Mr. Raysa stated that he does not have a
problem with that. Mr. Freedman stated that they do not have
a problem with changing the language so that it does not read
somewhat like a warranty on the part of the Village that the
acreage is correct, but they would like to have it understood
that, if they have sufficient land, it will qualify and they will
not have to make a cash contribution.
Trustee Stone amended the motion as follows: at the end of the
indented paragraph, the following wording shall be inserted:
"provided that the active use land available in open space C is
at least 7.5 acres.". Trustee Hartstein seconded the amendment.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-47 ORDINANCE #84-47
annexing certain territory to the Village of Buffalo Grove, (Brunswick Pro-
Illinois (Brunswick Property South) . Upon roll call, Trustees perty South)
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Moved by Stone, seconded by Reid, to pass Ordinance #84-48 ORDINANCE #84-48
amending the Comprehensive Zoning Ordinance of the Village of (Brunswick Pro-
Buffalo Grove, Cook and Lake Counties, Illinois (Brunswick perty South)
Property South) . Upon roll call, Trustees voted as follows:
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AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Chief McCann referred to his memo which is in the packets regard- RESOLUTION #84-45
ing this program. He also introduced the new principal of Buffalo H.S. POLICE
Grove High School, Mr. Mary Christansen. Trustee Marienthal COUNSELOR PROGRAM
stated that although the Village Manager of Arlington Heights
stated they do not wish to join in participation, he would like to
see formal action taken on this subject by the Arlington Heights
Village Board.
Moved by O'Reilly, seconded by Stone, to pass Resolution #84-45,
accepting an Agreement for Cooperative Police Services Between The
Village of Buffalo Grove and Township High School District ##214.
Trustee Reid wished to go on record that he will abstain from voting
on this issue because of a potential conflict of interest because
he is employed by High School District #214; however, his abstention
should not in any way be construed as any denial of support for the
program. He totally supports the program.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Stone, O'Reilly, Hartstein
NAYES: 0 - None
ABSENT: 1 - Glover
ABSTAIN: 1 - Reid
Motion declared carried.
Moved by O'Reilly, seconded by Hartstein to pass Resolution #84-46 RESOLUTION #84-46
accepting the Agreement for Federal Project IX-M-6003(243) con-
cerning the phased improvement of Buffalo Grove Road from Lake
Cook Road to Illinois Route 83. Upon roll call, Trustees voted
as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Mr. Clifford Rudd, Project Engineer with Amoco Oil Company, intro- STANDARD STATION
duced Richard Cullen of Amoco Oil, and the landscape designer and RECONSTRUCTION
contractor. Mr. Rudd explained that Amoco would like to rebuild
their existing gasoline station and car wash on Route 83 and
Buffalo Grove Road. The landscaping plan was explained in detail.
Trustees Stone, Marienthal and Reid expressed concern about the
proposed location of the car wash. Mr. Rudd responded to this
concern. Trustee Stone stated that he thinks that part of the
problem is that they are trying to squeeze 4 driveways into the
area. His recommendation would be to have 2 driveways and move
the car wash.
Trustee Hartstein stated that he is somewhat disappointed that Amoco
is not going to retain the auto repair facility. He would like to
see the car wash moved away from the residential as much as possible.
Trustee Marienthal stated that he would like to see the placement
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of the car wash structure along Buffalo Grove Road. If he would
even consider the car wash going along the residential side, he
would want to see it set back at 25' .
Moved by Stone, seconded by Hartstein, to refer the Standard Station
Reconstruction (Buffalo Grove Road & Illinois Route 83) to the Plan
Commission. Upon voice vote, the motion was unanimously declared
carried.
President Clayton declared a recess from 8:56 P.M. to 9:10 P.M. RECESS
Mr. Freedman stated that this parcel was annexed to the Village CORPORATE GROVE
earlier this year, at which time they did not have a developer. CORRIDOR
Mr. Freedman and Mr. Jon Nelson came up with a concept plan. RESIDENTIAL
They have now entered into a contract with Zale Construction (Windbrooke)
for the sale of the multi-family site, conditioned upon both the
approval of a financing concept, as well as approval of the plan
which was delivered to the Board tonight.
Mr. John Martin, Johnston Associates, pointed out the differences
between the old concept plan which was approved, and the new site
plan. The buildings will be 2-story. The total number of units
in the new concept plan is 236 units. The parking ratio is 1.73.
There will be sixty 1-bedroom units, and 176 two bedroom units.
Mr. Zale stated that they are requesting Industrial Revenue Bond
financing because the interest rate is much lower and the project
is not economically feasible with the current interest rates. He
stated that the new Industrial Revenue Bond bill has no limit on
multi-family residential. He thinks that the Federal Government
is trying to encourage this type of financing. This is being
done in Arlington Heights and Schaumburg.
Mr. Balling read comments from Trustee Glover:
. . .he does not see a long term benefit to the Village,
. . .he thinks it might create an unfair advantage to other
developers,
. . .the qualification requirements for moderate income.
Mr. Zale stated that it is required that 20% of the apartments be
made available to low and moderate income residents. The income
requirements would be $18,000 to $25,000. He explained the scenario
for renting to low and moderate income renters. They will lower
the rents to insure that low and moderate income renters can get
into them.
Mr. Freedman stated that this is a new concept, and he does not
think that it is an improper action for a municipality to take.
Because of its location, this is a difficult piece to develop, and
he thinks the inducement would be good to get it going.
Mr. Zale stated that he is confident that this is the route which
will be taken by municipalities in the future. He then briefly
reviewed the plan.
Trustee Hartstein stated that he had initial reservations regarding
this concept. He does not want the Village to put any other
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developers at an unfair disadvantage; he does think the Village
is in dire need of stimulating rental property; he thinks the concept
should be given serious thought.
Trustee O'Reilly stated that the Village does need a criteria for
this type of financing, and the first one is going to be the
hardest, and she does not necessarily think that this is the piece that
the Village should begin with; she agrees that this is not one of
the finer parcels to develop, and it does not have a great deal
of potential; she does not think that Buffalo Grove needs any
kind of incentive housing; she would rather use it for something
like senior citizen housing; she agrees with the unfair ad-
vantage to other multi-family developers; she would like to
see some thought process put into a kind of criteria for non-commercial.
In answer to a comment from Trustee Marienthal, Mr. Zale stated
that, under the provisions of these bonds, they would not be
allowed to converted to condominiums for at least 10 years.
In answer to a question from Trustee Ried, Mr. Raysa stated
that he has not seen the legislation as yet, and is not pre-
pared to comment on the legal aspects.
President Clayton polled the Board: "Yes" indicates favor of
pursuing the Industrial Revenue Bonds for the Windbrooke
Development; "No" indicates opposition:
YES: O'Reilly, Hartstein, Reid
NO: Marienthal, Stone
ABSENT: Glover
The "Yes" votes were made with the understanding that this is
not an approval of an application, but an approval of pursuing
the concept.
Moved by Hartstein, seconded by Reid, to refer the Corporate
Grove Residential (Windbrooke) to the Plan Commission. Upon
voice vote, the motion was unanimously declared carried.
Mr. Tim Beechick reviewed a change to the site plan for Chase CHASE PLAZA
Plaza which involves the perimeter back island at the north (Dominick's)
end of the site; they propose to take a portion of the island,
and take out some of the landscaping, in order to put in some
parking to be used by employees.
Mr. Raysa stated that this is a change which could be handled
by the Board.
Mr. Mark Hunter, landscape architect, explained the landscaping
concept for this area under the new plan. The maximum slope
of the berm would be 2: 1.
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Moved by Hartstein, seconded by Reid, that the plan change
modification be approved as submitted this evening. Upon roll
call, Trustees voted as follows:
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AYES: 5 - Marinethal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
v Moved by Stone, seconded by O'Reilly, to approve the Site BUFFALO GROVE
Improvement Agreement for the Buffalo Grove Commerce Center, COMMERCE CENTER
Lot 24. Upon roll call, Trustees voted as follows: (Lot 24)
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Reid
NAYES: 0 - None
ABSENT: 1 - Glover
Motion declared carried.
Trustee Hartstein noted Mr. Brimm's memo on this subject, and GROUP HEALTH
sees no reason why the Board cannot go along with Mr. Brimm's INSURANCE REPORT
recommendation of June 19, 1984.
Trustee Stone suggested that bid solicitations go out earlier
next year.
Moved by Hartstein, seconded by O'Reilly, to accept the staff
report concerning the Group Health Insurance Report. Upon
voice vote, the motion was unanimously declared carried.
Moved by Reid, seconded by Stone, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 10:03 P.M.
•
Jane' M. Sirabian, Village Clerk
APP VED BY ME THIS /� DAY
OF , 1984
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Village Presiders