1981-05-18 - Village Board Regular Meeting - Minutes 5842
5/18/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, MAY 18, 1981 .
President Clayton called the meeting to order at 7:30 P.M. CALL TO ORDER
l J Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present : President Clayton; ROLL CALL
Trustees Marienthal , Stone, O'Reilly, Gerschefske, and Schwartz.
Trustee Hartstein arrived at 7: 32 P.M. Also present were William
Balling, Village Manager; William Raysa, Village Attorney;
William Sommer, Assistant Village Manager; William Brimm,
Finance Director; Gregory Boysen , Director of Public Works;
Raymond Rigsby, Superintendent of Public Works; Richard Kuenkler
Village Engineer; James Truesdell , Village Planner; and Paul
Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Marienthal , to approve the minutes APPROVAL OF
of the May 4, 1981 Regular Meeting. Upon roll call , Trustees MINUTES
voted as follows :
AYES : 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 0 - None
ABSTAIN: 1 - Stone
Motion declared carried.
Mr. Kochendorfer presented Warrant #453. Moved by Marienthal , WARRANT #453
seconded by Gerschefske, to approve Warrant #453 in the amount
of $285,715.32, authorizing payment of bills listed. Mr. Brimm
answered questions from the Board. Upon roll call , Trustees
voted as follows:
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein , Gerschefske,
Schwartz
NAYES : 0 - None
Motion declared carried.
President Clayton appointed Robert Trovillion to the Transporta- TRANSPORTATION
tion Commission for a term to expire April 30, 1983. Moved by COMMISSION
Hartstein, seconded by O' Reilly, to concur with President APPOINTMENT
Clayton 's appointment. Upon voice vote, the motion was
unanimously declared carried . Mrs. Clayton introduced Mr.
Trovillion to the Board, and thanked him for his willingness
l , to serve the Village.
Trustee O'Reilly noted the meeting between Board members, staff YOUTH
members, and the Youth Commission on Tuesday, May 26, 1981 at COMMISSION
7: 30 P.M.
Trustee O' Reilly stated that the Fire and Police Commission FIRE & POLICE
has recently sworn in all nine of the former Buffalo Grove, COMMISSION
Inc. employees; also sworn in was Lester Aradi as a Police
Sergeant. The physical and written exams for the additional
ten employees needed for the Fire Department have been completed,
and oral exams are scheduled for May 29, 1981 ; the Commission will
be ready to hire by mid-June to meet the July 1 , 1981 deadline.
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5/18/81
Moved by O'Reilly, seconded by Stone, to pass Resolution RESOLUTION
#81 -25, a resolution opposing the proposed Open Meetings Act #81 -25
currently in the Illinois House and Senate. Upon roll call , (Open Meetings
Trustees voted as follows : Act)
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Trustee O'Reilly then read Resolution #81-25. Mr. Raysa
suggested that the Village Clerk forward a copy of the above
resolution to the Illinois Municipal League.
Mr. Balling congratulated President Clayton and the Public CHECKER/BUSCH
Works Department , particularly Greg Boysen, for their work in ROAD
supporting and promoting the Checker/Busch Road resurfacing RESURFACING
program through the Lake County Council of Mayors. The result
of these efforts is that Buffalo Grove is able to collect about
CORRECTION $.70 on the dollar for about $300,000 for resurfacing.
President Clayton noted that at the last CATS Council of Mayors,
she was elected to represent the Northwest Council of Mayors for
CATS on the Executive Committee for the entire CATS Council of
Mayors.
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 audience or the Board could request that an AGENDA
item be removed for full disucssion. There were no such requests.
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Moved by O ' Reilly, seconded by Gerschefske, to pass Ordinance ORDINANCE
#81 -25, an ordinance adopting the Appropriation Ordinance for #81 -25
FY 81/82. On May 4, 1981 , a Public Hearing was conducted for (Appropriation
the Fy 81 /82 Appropriation Ordinance. During the Public Hearing, Ordinance)
the Appropriation Ordinance was explained and questions answered.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None •
Motion declared carried.
Moved by O 'Reilly, seconded by Gerschefske, to accept Appearance PULTE MASTER
Commission recommendation for Pulte Master Builders Essex Model . BUILDER ESSEX
The Appearance Commission has reviewed Pulte Master Builders MODEL
request to offer a new model , the Essex, and recommends its
approval . Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
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5/18/81
Moved by O'Reilly, seconded by Gerschefske, to grant authority FY 81/82 CENTRAI
to bid for FY 81/82 Central Garage Vehicles . The Department of GARAGE VEHICLES
Public Works has prepared bid specifications for the vehicles
approved in the FY 81/82 Budget. To assure prompt delivery on
the necessary vehicles, it is recommended that bids be authorized
so that orders may be placed during the month of June. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NAPES : 0 - None
Motion declared carried.
Moved by Gerschefske, seconded by Stone, to pass Resolution RESOLUTION
#81 -26 a resolution allocating funds to resurface Checker and #81 -2.6
Busch Roads . Upon roll call , Trustees voted as follows: (Checker/Busch
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, ResurfacingJ
Schwartz
NAPES: 0 - None
Motion declared carried.
Trustee Stone explained the contents of Resolution #81 -27. RESOLUTION
Moved by Stone, seconded by O' Reilly, to pass Resolution #81-27, # 1 -27
a resolution requesting thirty days extension for public comments
to the Environmental Protection Agency regarding the proposed
landfill commonly known as Land and Lakes No. 5. Mr. Truesdell
answered a question from the Board on the resolution. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NAPES: 0 - None
Motion declared carried.
Moved by Marienthal , seconded by Hartstein, to pass Ordinance ORDINANCE
#81 -26, an ordinance accepting an Annexation Agreement and #81 -26
Amending an Annexation Agreement commonly known as Henderson (Henderson
Commercial . Upon roll call , Trustees voted as follows : Commercial
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Annexation
Schwartz A reement)
NAPES : 0 - None
Motion declared carried.
Moved by Marienthal , seconded by Stone, to pass Ordinance #81-27, ORDINANCE
an ordinance annexing approximately 2.92 acres located immediately #81-27
north of the property known as Henderson Commercial . Upon roll
call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NAPES: 0 - None
Motion declared carried.
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5/18/81
Moved by Schwartz, seconded by Marienthal , to pass Ordinance ORDINANCE
#81 -28, an ordinance amending the Zoning Map (B-3) for the #81-28
property commonly known as Henderson Commercial . Mr. Raysa
answered a question from the Board. Upon roll call , Trustees
voted as follows :
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES : 0 - None
Motion declared carried.
Discussion on the Buffalo Grove Business Park was deferred BUFFALO GROVE
until the developer arrived. BUSINESS PARK
Mr. Balling informed the Board that agreement has been reached RESERVOIR #7
with the property owner for the purchase of property for
Reservoir #7. The last agreement of terms was not reached
until late this afternoon , and staff was unable to redraft the
purchase agreement required to effect the purchase. Mr. Balling
explained the changes in this agreement. Mr. Balling requested
that the Board call a Special Meeting to consumate the purchase
of this property and to refer the Annexation Petition to the
Plan Commission; possible dates for this Special Meeting are
Wednesday, May 20, 1981 , or Tuesday, May 26, 1981 . Mr. Balling
will inform the Board by telephone tomorrow as to which date
the Special Meeting will be held.
Regarding Ordinance #81 -29, discussion took place regarding ORDINANCE
Page 4, Paragraph 3, in the agreement. The items discussed #81 -29
regarding this agreement are outlined in Mr. Sommer's memo of (Buffalo Grove
May 14, 1981 to the President and Board of Trustees. Business Park)
President Clayton polled the Board: "Yes" would indicate favor
of granting the developer 's request to provide for a 12% interest
rate in the recapture payments on the 20" water main; "No" indicates
opposition. Mr. Ronald Lunt of Trammell Crow Company explained
to the Board his reason for asking 12% interest rate on all
recapture provisions , not only the water main.
YES: Marienthal , Stone, O' Reilly, Hartstein, Gerschefske,
Schwartz
NO: None
Trustee Marienthal noted that the 12% would also apply for the
off-site extension of the sanitary sewer.
Mr. Chuck Fiorito explained to the Board the reasons that they
�-/ do not wish to have in the agreement that a major food store is
prohibited. He stated that they are trying to work with the
Village in developing 24 acres of office space, and 6 acres of
commercial space. They do not intend to put in a supermarket.
Mr. Fiorito stated that they will have a problem with financing
and sub-leasing if there is a restriction in the agreement; he
also stated that anything they develop will be brought before the
Village anyway, so there is no need for a restriction in the
agreement.
CORRECTION *Mr. Raysa pointed out to the Board that the Board was relaxing the
requirements on the developer established in the cpurt approved
Chesterfield settlement agreement, e.g. freezing the requirements
of Ordinance #72-35, instead of the new donation ordinance; omA-'
�__ downzone to R-1 on September 6, 1982, etc.
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5/18/81
Mr. Lunt gave a brief presentation of the business park, and
displayed some renderings and photographs of other developments
they have built. He stated that there will be a 3 story office
building, which will be totally office useage; there will also
be 1 story buildings. Mr. Lunt stated that the market will
determine whether there will be more of the 3 story or the
1 story buildings . Mr. Lunt stated that his agreement on the
property runs out on June 1 , 1981 .
Mr. Lunt noted Page 3, Paragraph 1 of the agreement, which
reads : "Owner will submit in advance a final plan of develop-
ment for each phase. Development of each phase must be completed
within two years after final plat of subdivision covering such
phase." Mr. Lunt asked that the following phrase be inserted
before the second sentence: "Except for the development of
Parcel B ," and explained his reason for this request. Mr.
Raysa agreed to this change.
It was requested that there be a polling on the item regarding
the food store. President Clayton polled the Board: "Yes"
indicates favor of leaving the agreement as it is written, which
does not address a food store; "No" indicates opposition meaning
that there should be a change:
YES: O'Reilly, Hartstein , Gerschefske, Schwartz
NO: Marienthal , Stone
The agreement will remain as is on this item.
Mr. Raysa stated that it is standard procedure for the Village
to accept an administrative charge for administering the
recapture; it is Mr. Raysa ' s opinion that this should be
incorporated into the agreement. Mr. Lunt stated that making
a change in the agreement at this point would be difficult,
because his agreement on the property expires at the end of
May. President Clayton suggested that the Ordinance be passed
tonight, but that the Village not sign off on the agreement
until receiving a letter from the developer stating that they
agree to this , and it will be included in the recapture agree-
ment . Mr. Raysa was agreeable to this suggestion. Mr. Lunt
also was agreeable, but stated that he could not speak for
Mr. Zaltzman. Mr. Lunt asked for clarification of exactly
who pays the administrative fee. He stated that he would be
agreeable to it as long as he can pass it on to the other users .
Moved by Marienthal , seconded by O'Reilly, to pass Ordinance
#81 -29, providing for a general planned development Buffalo
Grove Business Park, but that the Village Attorney would sit
down with the owner/developer and the owner of the property
and draft a recapture ordinance that would recoup the owner/
developer's capital improvements plus or minus any administrative
costs , and subject to the changes in tonight 's pollings , i .e.
12% interest rate, and the insertion of the phrase "Except for
the development of Parcel B" on Page 3, Paragraph 1 . Upon roll
call , Trustees voted as follows :
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES : 0 - None &rw=
Motion declared carried.
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5/18/81
President Clayton declared a recess at 8:45 P .M. The meeting RECESS
resumed at 9: 10 P.M. as Committee of the Whole to discuss the
Town Center Plan.
TOWN CENTER
President Clayton stated that this will be a workshop session to
discuss the southern portion of the Town Center. She stated that,
because a new scheme had been developed, the Village Board had
indicated that they would like the opportunity to look at this
�./ plan, and view it as would be done at a pre-application conference.
The Board will look at the new concept, make comments , and have the
Village Manager report to the Plan Commission at their meeting on
Wednesday the comments that the Board has on the plan. The plan
is at the Plan Commission level ; the Board is reviewing it only
because it is a different plan , and because it is so important to
the Town Center. President Clayton then asked the Plan Commission
members present to sit in front and give their comments .
Mr. Gerald Davis of the Plan Commission stated that he was not in
favor of this meeting, because the plan is at the Plan Commission
level . He thinks it should be made clear to the developer that the
Board is reviewing a concept, and not a footprint or specific plan,
and that whatever transpires at this meeting does not mean that the
plan is accepted by the Plan Commission. President Clayton stated
that this was what she meant when she said that this would be
handled in the same manner as a pre-application conference.
Mr. Richard Moses, the design architect for the project, gave a
brief overview of what has happened to date with this plan. He
pointed out the changes made so far on the plan , and showed the new
plan with those changes. In answer to a question from the Board, Mr.
Moses stated that the present setback for the Jewel is approximately
50 ' . He then displayed a landscaping plan, as well as an overlay of
how the Callaghan and Henderson property fit in the plan.
Mr. Jerry Brim went over the Brim/Braun report to Jim Truesdell
dated May 17, 1981 . At the conclusion of his presentation , Mr.
Brim said that they are very enthusiastic about this plan. Lengthy
discussion followed between the Board and the developer regarding
the various concerns of each Trustee (a summary of these concerns
will be contained in these minutes) .
In answer to a question from the Board, Mr. Shields stated that the
Plan Commission 's major concerns with the food store in the center
were that it would block off the area, that it was too close to
Route 83, and the traffic around the food store. It was stated
that Mr. Truesdell 's memo to Mr. Sommer dated May 14, 1981 accurately
sums up the Plan Commission's concerns.
Mr. Brim summarized the reasons that they felt that the food store
in the center was not a good idea, and why they feel that the Village
Green works better in its present location.
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5/18/81
President Clayton asked each of the Trustees to state their
preferences for either the original plan, or the new configuration.
Trustee Marienthal - In favor of new configuration.
Trustee Stone - Not in favor of either plan; however, finds the
new configuration preferable.
Trustee O'Reilly - Definitely prefers new configuration.
Trustee Hartstein - Supports new configuration.
Trustee Gerschefske - Supports new configuration.
Trustee Schwartz - Supports new configuration.
President Clayton - Very pleased with new configuration.
Following is a summation of the concerns raised by the Board during
this meeting:
1 . The possibility of a Checker Road offset intersection to prevent
a straight line travel from Route 83 to Buffalo Grove Road.
2. The possibility of double frontage for the shops which abut
the western portion of the site.
3. Long term opportunities for mass transportation in the Village Center.
4. Concern that Church Road extended as a through street would affect
the historic significance of St. Mary's Church .
5. Thought that the western portion of the property (old structure area)
should be separate from the new development area.
6. Checker Road extended and the location of the Village Green is
acceptable.
! 7. Thought that the food store is inconsistent with the objectives of
the Village Center, and therefore, is opposed.
8. Extreme concern that there be extensive screening, particularly at
the rear of the Jewel , to serve as a visual buffer from Checker Road
extended.
9. Open space location acceptable.
10. Consideration for a bike path running on the north side of Checker
Road between Buffalo Grove Road and Route 83, as well as a curved or
linear bike path on the west side of Route 83.
11 . Grade separation for pedestrian and vehicles should be considered at
the intersection of the spine road and Checker Road.
These concerns were expressed by a least one Trustee, but not necessarily
the entire Board.
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5/18/81
Moved by O ' Reilly, seconded by Stone, to adjourn to Executive ADJOURNMENT
Session to discuss litigation. Upon voice vote, the motion
was unanimously declared carried. The meeting adjourned at
10 :30 P.M. The Executive Session terminated at 11 :20 P.M.
Janet M,JSirabian, Village Clerk
APPROVED BY ME THIS I DAY
OF ^ i,01,� , 1981 .
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le.
illage President