1983-08-01 - Village Board Regular Meeting - Minutes 6249
8/1/83
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 1 , 1983.
President Clayton called the meeting to order at 7 :31 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; Richard Kuenkler,
Village Engineer; James Truesdell , Village Planner; Police
Chief McCann; and Paul Kochendorfer, Village Treausrer.
Moved by Hartstein, seconded by Reid , to approve the minutes APPROVAL OF
of the June 27, 1983 Special Meeting. Upon roll call , Trustees MINUTES
voted as follows:
AYES: 5 - Marienthal , Stone, O' Reilly, Hartstein, Reid
NAYES: 0 - None
ABSTAIN: 1 - Glover
Motion declared carried.
Moved by O ' Reilly, seconded by Hartstein, to approve the minutes
of the July 18, 1983 Regular Meeting. Upon roll call , Trustees
voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein , Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Kochendorfer read Warrant #507. Moved by Glover, seconded by WARRANT #507
Hartstein, to approve Warrant #507 in the amount of $416,026.93,
authorizing payment of bills listed . 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 a Certificate of Appreciation for APPEARANCE
Cynthia Zusel and thanked her for her service on the Appearance COMMISSION
Commission. President Clayton then appointed Louise Koclanis
and Doug Wehring to the Appearance Commission for terms Ito
�./ expire April 30, 1984. Moved by O' Reilly, seconded by Glover,
to concur with President Clayton' s appointments. Upon voice vote,
the motion was unanimously declared carried. President Clayton
recognized Louise Koclanis, and thanked her for her willingness
to serve the Village.
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. There were none. THE AUDIENCE
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PUBLIC HEARING
Industrial Development Revenue Bond Issue
A.R.A. Services, Inc.
President Clayton called the Public Hearing to order at 7:39 P.M. ;
she then read the Notice of Public Hearing published in the Buffalo
Grove Herald on July 16, 1983. Mr. Jerry Rosenberg of A.R.A. Services,
and Mr. Rick Hughes of National Child Care were present, but did not
with to add any comment to what President Clayton had already stated.
�•/ Sue Walton , a resident of Buffalo Grove and coordinator of the
work/study program at Palatine High School , and President of the
Board of Directors of a non-profit day care center in Palatine
Township, stated that she wonders what Buffalo Grove will gain
from this venture. She does not see it as a boost to the economy
in Buffalo Grove; she questioned whether the profits of A.R.A.
would go to the Village of Buffalo Grove; she stated that there is
a need for non-profit day care in this area; and urged the Board
to deny the loan. Mr. Raysa stated that there is no liability
to the Village regarding the bonds.
President Clayton noted that two written communications had been
received from Mr. Arvid Olson of the Rainbow Path Early Learning
Center outlining his objections to the approval of this loan.
President Clayton then read a letter from the Village Manager of
Arlington Heights urging the Board to deny this loan.
Mr. Rosenberg stated that these day care centers will generate
approximately $140,000 in payroll per center, and that the day
care center supplies will be purchased from the community in which
they are placed .
Mr. Robert Lombardo, past president of the Pre-School Owners
of Illinois, stated that their association has found that attendance
in most day care centers is approximately 60%. Most centers are
being run by local people. Mr. Lombardo stated that none of the
local centers were given a tax break, and he sees no reason why
an out-of-state company should receive this advantage. Mr. Stitt,
attorney representing Rainbow Path, agreed with Mr. Lombardo,
that it is unfair to issue revenue bonds to compete with existing
local businesses. Mr. Stitt stated that there is a good chance
that these bonds would be defaulted because there is not the demand
for day care centers at this point. Mr. Rosenberg stated that they
have surveyed area schools, and they are basing their needs on a
demographic profile which they have taken.
Mr. Norm Katz of Mini-Subee Pre-School stated that, if there are
not enough children to go into the grade schools, there are not
enough children to go into the pre-schools.
Pam Block, a Buffalo Grove resident, who is employed as Department
Chairman of Home Economics at Palatine High School , stated that
she questions the validity of a two-school survey; State Representative
Pedersen conducted a survey of day care centers in the area which
revealed 170 open spots in those centers; she questions that National
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Child Care would have 25 staff members for 170 children, stating
that all 25 of thosestaff members would likely not be involved
in the direct care of the children; she wonders if the National
Child Care centers would have a sliding scale for single-parent
families ; since child care wages are very low, she questioned
whether people would be able to work at this center and live
in the community. Ms. Block stated that , should the loan be
approved , she thinks that it would be beneficial to form a
committee to watchdog this project. Mr. Hughes stated that
they do a great deal of research when they come into an area,
and census data shows that there are approximately 1 ,800 children
between 0-5 in the area; the median income in the area is $37,000.
Mr. Katz stated that the median income person is not the person that
the day care field is dealing with; they are dealing with the low
income person. In response to a question from Trustee Stone, Mr.
Hughes stated that they do not have a sliding scale in their other
operations. Mr. Leonardo stated that they have been talking to
day care center owners within the last few weeks, and noted that
there are many centers that will close or be put up for sale because
of the drop in attendance. Mr. Hughes noted that day care enroll-
ments drop off in the summer months.
Mr. Rosenberg stated that the option on the property for the proposed
site will be completed this week. Trustee Stone asked if the
Village has any guarantee, if they were to issue the bonds, that
the day care centers would be built. Mr. Rosenberg stated that it
could be made a condition for the bond issue. Trustee Stone asked
what benefit would be derived by Buffalo Grove by issuing these
bonds. Mr. Hughes stated that the center would provide jobs; it
would also provide construction jobs while the center is being
built; and they would be offering consistent quality child care.
Trustee Stone stated that he believes that the benefit to the Village
is very minimal , and the possible harm which could be done to existing
businesses is a problem, and should be considered. He thinks that,
since only a small portion of benefit from the total bond package
would come to Buffalo Grove, he does not see that this could be
approved.
Trustee Marienthal stated that Mr. Rosenberg had represented to
the Board that Buffalo Grove would be the first center built. Mr.
Rosenberg stated that there was a site change, which altered that
construction schedule; he stated that the center would be completed,
but he could not give a date for completion. Mr. Raysa stated that
this is a memorandum of intent, and the document which controls is
the bonding ordinance.
Trustee O'Reilly thanked the public for the input that they have
given this subject. Trustee O'Reilly stated that although the
Village wants to attract new growth, a conflict exists in that we
are giving somewhat of an unfair advantage to new people. The several
facilities existing are more than adequate to support day care.
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Mrs. O 'Reilly also endorses the Village of Arlington Heights '
policy on not offering Industrial Revenue Bonds to other than
those companies that will develop within their own corporate
boundaries, and thinks that Buffalo Grove should also consider
this.
Trustee Hartstein stated that the change in location is significant;
he does not think this use if the highest and best use for that
property; there are two day care centers very close to the proposed
center; there does not appear to be any dire need for day care in
Buffalo Grove. Regarding the overall theory on Industrial Revenue
Bonds, Trustee Hartstein thinks that the Village must zero in on
policies regarding the bonds, and does not think they should be
given out just because they are requested and available; he does
not see any significant benefit to the Village of Buffalo Grove
to issuing these bonds.
Trustee Glover asked if any other communities had been approached
for Industrial Revenue Bonds; Mr. Rosenberg replied that they
had not. Trustee Glover thinks the proper use of Industrial
Revenue Bonds can benefit Buffalo Grove, and thinks the use of
Industrial Revenue Bonds should be pursued , but he thinks there
should be a_ need for it in the community.
President Clayton closed the Public Hearing at 8:22 P.M.
President Clayton suggested moving Item IXX, E on the agenda up
to the present point. There was no objection.
Moved by Hartstein, seconded by O' Reilly, that the Board deny INDUSTRIAL
issuance of Industrial Revenue Bonds to A.R.A. Services, Inc. REVENUE
for the purposes of constructing 5 day care centers in the BONDS
surrounding area, with one to be located in Buffalo Grove.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion denied.
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 O' Reilly, seconded by Stone , to approve Ordinance ORDINANCE #83-34
#83-34, an ordinance for the recoupment of advances for
construction of sanitary sewers on Dundee Road east of Old (Recoupment)
Arlington Heights Road. This ordinance for recaputure is
required pursuant to the terms of the annexation agreement
dated June 2, 1980, between the Village and First Midwest
Development Corporation. Upon roll call , Trustees voted as
follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein , Glover, Reid
NAYES: 0 - None
Motion declared carried.
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Moved by O 'Reilly, seconded by Stone, to approve Resolution RESOLUTION #83-26
#83-26, a resolution approving the Commonwealth Edison Easement (Approving
Agreement (Buffalo Grove Commerce Center - Unit 2B) . Common- Commonwealth
wealth Edison has requested a resolution to accompany the Edison Agreement)
Easement Agreement previously approved by the Board on June 27 ,
1983. 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 move to Executive EXECUTIVE
Session to discuss potential litigation. Upon roll call , SESSION
Trustees voted aL follows:
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
The Board adjourned to Executive Session at 8:25 P.M.
President Clayton called the meeting back to order at 9: 13 P.M.
Mr. Balling noted a minor modification made to the Cedar View ORDINANCE #83-35
Agreement. (Cedar View
Residential )
Moved by Stone, seconded by Glover, to pass Ordinance #83-35,
approving the Annexation Agreement for the Cedar View Residential .
Trustee Hartstein stated that he believes that Paragraph 19 on
Page 14 with regard to the Declaration of Condominium still remains
somewhat unclear. Mr. Raysa stated that the only change made was
in the last sentence, and noted that he did it that way because
Mr. Haller and the public record and the minutes reflect what
those obligations are; Mr. Raysa stated that approval can be
withheld if those obligations are not in that Declaration of
Condominium. Trustee Hartstein stated that specifics should
be mentioned in the Agreement.
Trustee Hartstein again urged the Board to consider what is to be
gained by the proposed project, the potential problems created by
the limited access , and the intent of the Boundary Agreement. Mr.
Raysa prepared the following sentence to be added at the end of
Paragraph 19 : "Said Declaration shall include, but not by way
of limitation, the following covenants and obligations: to
maintain the common areas pursuant to Village of Buffalo Grove
Ordinances and in a neat and orderly manner." Mr.Haller stated
that he was agreeable to that sentence being added to the
Agreement.
Trustee Marienthal stated that he shared many of the concerns
voiced by Trustee Hartstein, and asked each Board member to ask
themselves what real benefit this development brings to the Village
of Buffalo Grove, and how this improves the lifestyle of this
community. Trustee Marienthal asked the Board to reject this
Annexation Agreement.
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Upon roll call , Trustees voted as follows on the motion:
AYES: 5 - Stone, O' Reilly, Glover, Reid, President Clayton
NAYES: 2 - Marienthal , Hartstein
Motion declared carried.
Moved by Stone, seconded by Glover to pass Ordinance #83-36, ORDINANCE #83-36
annexing certain territory to the Village of Buffalo Grove (Cedar View
(Cedar View Residential) . Upon roll call , Trustees voted Residential)
as follows:
AYES: 4 - Stone, O' Reilly, Glover, Reid
NAYES: 2 - Marienthal , Hartstein
Motion declared carried.
Moved by Stone, seconded by Glover, to pass Ordinance #83-37, ORDINANCE #83-37
amending the Comprehensive Zoning Ordinance of the Village (Cedar View
of Buffalo Grove, Cook and Lake Counties, Illinois (Cedar Residential)
View Residential) . Upon roll call , Trustees voted as follows :
AYES: 5 - Stone, O' Reilly, Glover, Reid, President Clayton
NAYES : 2 - Marienthal , Hartstein
Motion declared carried.
Mr. Truesdell reviewed his memo to Mr. Balling of July 27, 1983 ZONING
regarding "Zoning Ordinance - Special Use Review". There was ORDINANCE
no one present representing the Zoning Board of Appeals; how- REVISIONS
ever, the Board does have a copy of their motion regarding the
subject. Mr. Goldberg stated that , the position that the Plan
Commission had taken was that the Zoning Board was a board of
appeals; the concept of special use primarily was to take a
use which really does not fit anywhere for a variety of reasons:
it is unique unto itself, it requires special and personal review
on a development-by-development basis. Based on that concept,
the position that the Plan Commission took was that, in the
largest majority of the cases , a special use would be one that
will have an impact on planning , and, therefore, rather than
attempt to divide the special use into some that would go to
the Zoning Board and some that would go to the Plan Commission,
these uses should be reviewed by the Plan Commission.
Mr. Balling stated that the ZBA was notified of this meeting, and
they were invited to have a representative present. Trustee Marienthal
stated that the ZBA did intend to have a representative present.
Trustee Marienthal stated that the ZBA would probably have a more
working knowledge in the special use field than does the Plan
Commission.
President Clayton polled the Board: "Yes" indicates favor of the
way the draft is written at the present time; "No" indicates
opposition :
YES : Stone, O ' Reilly , Hartstein , Glover, Reid
NO: Marienthal
Mr. Raysa stated that he thinks there should be another Public
Hearing since this is a major change. Mr. Balling stated that
he will schedule a Public Hearing.
j
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President Clayton stated that the next item under Zoning Ordinance
Revision is the permitted users.
Mr. Ballingstated that, in reviewingleases, for usingvacant
space in both Districts 21 and 96, staff became aware that there
was a conflict with the way the current Zoning Ordinance was
written and the uses which were being proposed for the vacant
spaces in the schools. Mr. Balling contacted Districts 21 and
96, and they suggested language which would permit non-profit
service, educational day care facilities within the vacant school
spaces. The question before the Board tonight specifically
to see if the Board is interested in expanding the school use
II' definition to not-for-profit corporations, day care, educational ,
service and civic clubs , which seems to be within the scope of
what the schools would do with vacant buildings.
Trustee O'Reilly has serious concerns about the proposal ,
especially in the description of a not-for-profit corporation,
and she thinks that the whole description is too broad.
Mr. Balling stated that the school districts indicated that
they did not want retailing, commercial , office services
which would be clearly profit-oriented. They wanted to keep
the buildings available for services . Trustee O' Reilly
stated that the uses should be more what is appropriate to
the neighborhood in which the school is situated; she does not
find this broadened definition acceptable. Trustee Hartstein
stated that he does not see a need to set up any type of
zoning restrictions with regard to schools ; he does not see
anything to be gained by imposing restrictions. Mr. Truesdell
read from the Zoning Ordinance regarding the special use for
schools in a residential district.
In answer to a question from Trustee Hartstein , Mr. Balling
stated that this discussion is primarily to clarify the
definition of "school". Trustee O' Reilly does not want to
tie the hands of any school district , but she does think that
the Board is compelled to regulate what goes into that school ;
therefore, she thinks that the more careful definition would
be just as a school , rather than putting in the possibilities .
Mr. Goldberg stated that he thinks two different issues should
be addressed: one would be a situation where the school is
leasing, and the other would be where a school is sold, which
might require rezoning. Trustee O' Reilly agreed with Mr. Goldberg,
and suggested that another situation be added which would be where
the school is still being used as a public school , and where it
is no longer a public school . Mr. Balling stated that any
residential district does not permit pre-school . Mr. Raysa
stated that there is case law as far as municipal zoning
authority over other taxing bodies. In Mr. Raysa's interpretation,
as far as zoning authority over a school district , he believes that
case law does not give the municipality the authority to impose
zoning restrictions if that use is mandated by State Statutes.
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Mr. Raysa suggested that the Village get together with the
school districts involved to negotiate a plan for current uses
and future uses, and receive some type of binding or not-binding
agreement with those school districts as far as what that use will
include. Mr. Raysa stated that he could not give an answer
tonight regarding the zoning authority for a school district
for a completely private, commercial , retail use. Trustee
l , O'Reilly asked if there was case law with regard to school
districts leasing property; Mr. Raysa stated that he had not
yet found a case regarding same. Trustee Hartstein also suggested
getting together with the school districts and trying to come to
some sort of an agreement.
President Clayton asked Mr. Balling to meet with the school
districts, and plan for current and future uses, and bring a
report back to the Board for the August 15, 1983 meeting.
Mr. Raysa recommended that the future language be included in
the Zoning Ordinance. Mr. Balling stated that the document
should be ready for consideration by the first meeting in
September.
Mr. Thomas Malato, attorney representing Devonshire Develop- DEVONSHIRE
ment Corporation stated that they are not requesting release
from all of the invoices, merely those having to do with
snow removal , referring to his letter to President Clayton
of July 25, 1983. After further discussion by the Board, it
was moved by Hartstein , seconded by Stone, that the request to
waive maintenance bond requirement for Devonshire Unit 1 , and
to forgive Village invoices #003665, 002649, 002814, 002656,
and 003227 be denied. Upon roll call , Trustees voted as
follows :
AYES : 6 - Marienthal , Stone, O' Reilly, Hartstein , Glover, Reid
NAYES: 0 - None
Motion declared carried.
Mr. Balling explained the request for sewer service from REQUEST FOR
Mr. and Mrs. Jacobucci ; they would further desire annexation SEWER SERVICE
to the Village of Buffalo Grove, and a possible connection to
Buffalo Grove's water utility. After meeting with Mr. and
Mrs . Jacobucci , it became clear that they only had point
contiguity to the Village, and, therefore, would not be
eligible for full annexation to the Village.
Moved by Stone, seconded by Glover, to approve the request
for sewer service by Mr. and Mrs. Jacobucci , with a pre-
annexation agreement. In answer to a question from Trustee
O'Reilly, Mr. Balling noted that the Jacobucci 's would have
to pay all fees and construction. Upon roll call , Trustees
voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein , Glover, Reid
NAYES: 0 - None
Motion declared carried.
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A representative of Barry's Bar-B-Q & Brew stated that LIQUOR LICENSE
they are requesting a beer/wine liquor classification for CLASSIFICATION
consumption on and off the premises, and explained the (Barry's Bar-B-Q
reasons they think this will enhance their business. & Brew)
Chief McCann stated that his only concern is that there
may be other business making similar requests. The
representative from Barry's stated that there would be no
liquor delivery involved in this liquor sale.
After furtherdiscussion, movedi it was byHartstein, seconded
by Reid, to have the Village Attorney draft an amendment to the
Liquor Control Ordinance to provide for a new classification
of beer and wine for consumption on or off the premises, off
being in a package.
Trustee Stone stated that he would like to have a pre-
requisite for obtaining this license that the sale of the
liquor be in conjunction with the sale of food. Trustee
Hartstein amended the motion to include Trustee Stone' s
suggestion; Trustee Reid seconded by amendment. Upon roll
call , Trustees voted as follows :
AYES : 5 - Stone, O' Reilly, Hartstein , Glover, Reid
NAYES: 1 - Marienthal
Motion declared carried.
President Clayton asked how many of this type of license the
Board would wish to consider. Mr. Raysa read the current
standards for current classifications. Trustee Hartstein
recommended one license of the new classification for every
6,000 residents, or portion thereof. There was no objection
to that number.
Mr. Doyle reviewed the request from The Crossings Homeowners' NEIGHBORHOOD
Association for Neighborhood Watch signage. He stated that WATCH SITNAGE
staff has no objections to this request , other than the
possible proliferation of signs throughout the Village, and
the cost to the Village in terms of maintenance. Staff is
recommending that, if a program of this type is pursued , we
do so with a covenant that all signs be purchased from and
installed by the Village. Mr. Doyle reviewed his memo to
Mr. Balling of July 27, 1983. Mr. Bud Gibbs , representing
The Crossings Homeowners' Association, explained the program
that the Association will implement in conjunction with the
signage.
Discussion followed regarding whether the program should be
an experimental one in The Crossings subdivision, or whether
it should be allowed on a Village-wide basis. Moved by
Hartstein, seconded by Glover, to authorize staff to submit
a proposal for implementation of Option B in Mr. Doyle's
memo. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O ' Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
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Moved by Reid, seconded by Glover, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 10:29 P.M.
Janet Sirabian, Village Clerk
APPROVED BY ME THIS 1541 DAY
OF G1 , 1983.
Village President
it
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