1981-02-02 - Village Board Regular Meeting - Minutes 5787
2/2/81
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, FEBRUARY 2, 1981
President Clayton called the meeting to order at 7:35 P.M. CALL TO ORDER
In recognition of Boy Scout Week, Cub Scout Pack 43 from
Kilmer School presented the colors ; the audience joined the
Scouts in the Pledge of Allegiance to the Flag. President
Clayton thanked the Scouts for their attendance at the meeting,
and urged all residents of Buffalo Grove to recognize National
Scouting Week.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal , Stone, O'Reilly, Hartstein, Kavitt ,
Gerschefske. 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; Richard Kuenkler,
Village Engineer; James Truesdell , Village Planner; and Paul
Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Hartstein, to approve the APPROVAL OF
minutes of the January 19, 1981 , Regular Meeting. Upon roll MINUTES
call , Trustees voted as follows :
AYES: 4 - Stone, O' Reilly, Hartstein, Gerschefske
NAYES: 0 - None
ABSTAIN: 2 - Marienthal , Kavitt
Motion declared carried.
Mr. Brimm read Warrant #445. Moved by Marienthal , seconded WARRANT_ #445
by O'Reilly, to approve Warrant #445 in the amount of $343,798.89,
authorizing payment of bills listed. Mr. Brimm answered questions
regarding the Warrant . Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
President Clayton made the following appointments to the FIRE & POLICE
Fire and Police Commission : COMMISSION
Christopher Palmer - 3 year term to expire April 30, 1984 APPOINTMENTS
Melvin Kandel - 2 year term to expire April 30, 1983
James Chorzempa - 1 year term to expire April 30, 1982
Moved by Stone, seconded by O 'Reilly to concur with President
Clayton 's appointments. Upon voice vote, the motion was
unanimously declared carried. It was noted that these appoint-
ments will be effective after the passage of the revised Board
of Fire and Police Commission ordinance. President Clayton
introduced the new Commissioners and thanked them for their
willingness to serve the Village.
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On the advice of the Village Attorney, President Clayton
reappointed Commissioner Doerrer to the Fire and Police
Commission for a term to expire April 30, 1982. Moved by
Hartstein, seconded by O'Reilly, to concur with President
Clayton 's appointment . Upon voice vote, the motion was
unanimously declared carried.
President Clayton reappointed Commissioner Joseph Spiner
to the Fire and Police Commission for a term to expire
April 30, 1984. Moved by O'Reilly, seconded by Hartstein,
to concur with President Clayton 's appointment. Upon voice
vote, the motion was unanimously declared carried.
President Clayton appointed Commissioner Spiner to serve as
Chairman of the Fire and Police Commission for a 1 year term
to expire April 30, 1982. Moved by O'Reilly, seconded by
Stone, to concur with President Clayton 's appointment . Upon
voice vote, the motion was unanimously declared carried.
Trustee Stone reported that the Cable TV Selection Committee CABLE TV
of the Northwest Municipal Conference met to make the final
selection of Cable TV companies. The companies picked were,
in order:
1 . Cablenet
2. Warner-Amex
3. Cablevision
The vote was 12-5 in favor of Cablenet. Buffalo Grove voted in
favor of Warner-Amex. After the meeting, Buffalo Grove was
approached to see whether or not they would be willing to
participate in a discussion to look into the possibility of a
sub-regional system. Trustee Stone asked for the Board 's
concurrence to participate in that discussion. Mr. Stone
summarized the reasons for Buffalo Grove's preference for
Warner: 1) they are the only company operating a 2-way
interactive system at this time; 2) they are the only company
that has any of the software to go along with the hardware.
As far as Cablenet is concerned, their whole proposal , in Mr.
Stone's opinion, is based on things that are on the drawing
board. Mr. Stone feels the better way to go is with Warner,
proven both in performance and technology, rather than with a
company, Cablenet , that is just starting in this area.
Trustee O'Reilly pointed out that the main selling point for
\.J Cablenet is their 120 channel capacity; however, she stated
that the consumer will end up paying for that capacity, which,
in the foreseeable future, is unnecessary.
Trustee Hartstein stated that he concurs with Buffalo Grove's
choice of Warner-Amex, but would be interested in finding out
what led the majority of other communities to vote for Cablenet.
Trustee Kavitt stated that he would have no objection to the
possibility of participating in a sub-regional system, but feels
that the Board must have all factors before them on both companies
before such a decision is made. Mr. Sommer stated that the Village
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must get back to the Conference by February 27th if it is
to continue participating with the franchise.
The Committee would like to get together with the neighboring
communities that prefer Warner to find out if it would be
viable to proceed with Warner. The Committee will have a full
report for the Board on February 23rd, at which time the Board
must make a decision whether to enter into negotiations with
Cablenet or Warner.
Moved by Marienthal , seconded by O' Reilly, to concur with the
recommendation to investigate the possibility of a sub-region
with those communities having Warner as their first choice.
Upon voice vote, the motion was unanimously declared carried.
Trustee Gerschefske reported that the Buffalo Grove Days BUFFALO GROVE
Committee has met , and decided upon a Western theme for 1981 . DAYS
Mr. Balling stated that several Board members had expressed NWCD
an interest in touring the renovated Central Dispatch Head-
quarters in Arlington Heights , and said that he will
schedule such a tour at their convenience.
Mr. Balling noted the filing of the Monthly Activities Report MONTHLY
for December, and asked if there were any questions on same. ACTIVITIES
There were none. REPORT
Mr. Balling noted the final report for the program of advance ADVANCE
refunding of the water and sewer bonds. Mr. Brimm then REFUNDING
summarized his report on Advance Refunding dated January 23,
1981 to Mr. Balling. Mr. Brimm then answered questions from
the Board regarding the report; he was also thanked by the
Board for the thoroughness of this report.
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 CONSENT AGENDA
that any member of the Board or the audience could request
that an item be removed for full discussion. Trustee O'Reilly
requested that Item XI , C be removed.
Moved by Hartstein , seconded by Kavitt, to authorize award of CAMBRIDGE AREA
bid for Cambridge Area Watermain Reinforcement Program to WATERMAIN
Blackmore Construction as low qualified bidder in the REINFORCEMENT
amount of $10,685.00. This watermain improvement is budgeted PROGRAM
and will provide for increased water service reliability in
the Cambridge area. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
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Moved by O' Reilly, seconded by Marienthal , to pass Resolution RESOLUTION #81 -5
#81 -5 in appreciation of retiring Fire and Police Commissioner
Tufano. President Clayton then read the Resolution. Upon
voice vote, the motion was unanimously declared carried.
President Clayton stated that there was also a plaque to be
given to Mr. Tufano, and stated that the Resolution and Plaque
would be presented to him personally, since he was unable to
attend tonight 's meeting.
Trustee O' Reilly noted the revised Board of Fire and Police ORDINANCE #81-1
Commission ordinance. There are two changes to be made to (Fire & Police
the ordinance: 1 ) on pages 5 and 6, references to policemen Commission)
and firemen will be changed to police and fire officers;
2) a clause will be added to the first page noting the Village' s
home rule status. Moved by O'Reilly, seconded by Marienthal ,
to pass Ordinance #81 -1 , amending Chapter 2.28 of the Buffalo
Grove Municipal Code (Fire & Police Commission) . Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt ,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Trustee O' Reilly raised a question regarding the transfer of RESOLUTION #81 -6
said equipment, which Mr. Sommer explained. Moved by Stone, (Fire seconded by by O'Reilly to pass Resolution #81 -6, accepting ment Apparatus)
agreement for Fire Department apparatus from Buffalo Grove
Fire Department, Inc. The Buffalo Grove Fire Department,
Inc. and the Village have determined that it is economic
to rotate the fire apparatus to municipal ownership five
months ahead of our contractual commitment to transfer the
equipment. Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Kavitt ,
Gerschefske
NAYES: 0 - None
Motion declared carried.
President Clayton noted a resignation from Mel Kandel from BUSINESS
the Business District Development Commission because of his DISTRICT
appointment to the Fire and Police Commission. Mrs. Clayton DEVELOPMENT
stated that the Talent Bank will interview for a new COMMISSION
commissioner for the BDDC.
President Clayton stated that the next item is a Pre- PRE-APPLICATION
application conference for the Henderson property. CONFERENCE
Henderson
Trustee Marienthal noted the memo from Jim Truesdell on the Property
subject property dated January 28, 1981 , on file in the Clerk's
office.
Mr. Henderson stated that their proposal at this time is to
split the approximately 7 acres of property into three basic
phases ; the first being the office building which is key to
some rather stringent time factors. They are also working on
getting a fine restaurant into the property. At this time,
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they would like for the Board to send the plan back to the
Plan Commission, based on this particular four phase program.
There are also plans for a savings and loan institution and
numerous shops. Mr. Henderson then went over the original
plan for the benefit of those Trustees not on the Board at
the time. Mr. Henderson stated that he would like to just
discuss Parcel A at this time, and come back to the Board
with Parcels B, C, and D at a later date. He stated that
the office building is 80-85% committed at this point . It
was stated that there should not be open-ended approval for
the retail space in the office building; Mr. Henderson
stated that the retail space would be supportive of the
office building. It was stated that the Board would probably
want to tie down the nature of the retail space before final
approval . It was suggested that, in terms of moving forward,
the Board refer Parcels A, B, and C with the understanding
that the footprints and the exact location of buildings on
B and C might be flexible; however, Board approval would be
required.
Discussion followed on the protection for the Village of
having a plan; and also of having the Plan Commission go
through a great deal of work, with the possibility of having
the Plan come back to the Board and be changed entirely. Mr.
Henderson stated that he must have the feelings of the Board
before he can approach a savings and loan institution, for
instance; the tenant would not want to be tied to a location
when they are not sure whether or not it will be approved.
In answer to a question, Mr. Raysa stated that the developer
would have a good argument for throwing out the entire PUD,
because the Village would be changing a part of that PUD
substantially. Mr. Raysa stated that he would not like to
see the Village change only 2 acres on a 4 acre PUD; he
would rather change the entire 4 acres to a new PUD, if that
is the direction the Board wishes to follow. It was requested
that the original Annexation Agreement be produced to see
exactly what was approved. There was discussion as to how
the uses on this parcel would tie in with the proposed Town
Center, which will be directly across the street. It was
suggested that Parcel D be shown as an outlot, such as R-1
zoning, and when a specific plan is developed, that parcel
be brought back to the Board for approval .
President Clayton declared a recess from 9:05 until 9:25 in
order to give Mr. Raysa time to research questions raised
by the Board.
Mr. Raysa referred to the existing PUD, stating that
paragraph 6, B on the annexation ordinance, #78-33 in May
of 1978, restricted the use of Parcel C , 1 , which was
originally the lower half of the plan, to a funeral home,
financial institution, a restaurant, and a retail office
use; he emphasized the following: ". . . in the buildings as
are more fully delineated on the alternative concept plan as
revised through February 22, 1978." Mr. Raysa pointed out
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that he had previously opinionated to the Board regarding
the moving of one building on the site plan when the dimensions
are shown, his opinion being that the developer could not move
the building even 1 ' . Also in paragraph 6, B, Mr. Raysa pointed
out that "Any proposed change in use shall be submitted to the
corporate authorities." But more importantly, "Any change in use
shall only be allowed upon the affirmative vote of 2/3 of the
corporate authorities". The accompanying zoning ordinance,
#78-35, basically says the same thing as far as the uses
plus the placement of buildings. Regarding the question,
"can the Village now in effect take that B-1 PUD on Parcel C, 1 ,
and change part of that", Mr. Raysa feels that the Village
would have a difficult time doing that, because the developer
would in time say that the Village has disregarded the entire
PUD by changing a part of it, and as a concept, by changing
part of the PUD, the entire concept on the site plan is
changed. As far as changing the current PUD on the property,
Mr. Raysa feels that the Village can still amend the Zoning
Ordinance and Annexation Agreement to, in effect, bring it
down as a new PUD; or change paragraph 6, B, in the
annexation ordinance, whereby the Village would split out
that parcel .
Mr. Raysa pointed out that there is no petition for annexation
at this point in time, and there must be a series of public
hearings once that petition is received.
In answer to a question regarding the advantages and dis-
advantages of the PUD approach versus the B-3 approach, Mr.
Balling stated that B-3 is generally the preferred zoning.
Mr. Raysa agreed with that statement .
Moved by Hartstein , seconded by Gerschefske to refer the
entire parcel (A, B, C, and D) to the Plan Commission
as a B-3 zoned parcel , with Parcel A to be reviewed
specifically at this time. Upon roll call , Trustees voted
as follows :
AYES: 5 - Stone, O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 1 - Marienthal
Motion declared carried.
President Clayton stated that the next item of business is TOWN CENTER
Plan Commission referral for 22 acres in the Town Center.
Mr. Michael Gitlitz stated that this is a proposal to zone
approximately 22 acres on the south end of the proposed Town
Center, B-5, and for plan approval for 17 to 22 acres for a
shopping center. Mr. Gitlitz summarized the changes which
have taken place over the past year, after discussions with
the BDDC. and the staff. He said negotiations have been
completed on all parcels, and all contracts are signed, with
one exception; however, all negotiations have been completed
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on that one parcel , and he anticipates that the contract
will be signed before the end of the week. At that point
Mr. Gitlitz will be in a position to present petition for
annexations for two of the parcels. He pointed out one area
where a variation will be requested, but stated that, other
than that one area, there will be no variations from the
proposed B-5 ordinance.
Mr. Jim Winstead, the project architect, then explained the
plan and the proposal , and pointed out changes to be made on
the plan. Trustee Marienthal suggested that the possibility
of reducing curb cuts be looked into, as well as berming
along Route 83. Mr. Gitlitz stated that they have had two
traffic studies done, and felt that the Board would be
comfortable with the traffic pattern when they saw the
results of the studies. He also stated that there will be
berming and landscaping according to Village specifications .
Trustee Stone stated that he feels it is a very nice plan
with the exception of the food store; he does not feel that
there should be a food store in the Town Center, because it
changes the tone of the Town Center considerably. Mr. Gitlitz
stated that they do not feel that they can get the small shops
to come into the Center without the benefit of a food store
anchor.
Trustee Hartstein stated that he is pleased with the plan,
and the fact that the developer took into consideration the
points which were brought up during the workshop; however,
he does have reservations regarding the employee parking
area. Mr. Gitlitz explained how that area would be handled
via landscaping, etc.
Mr. Gitlitz and Mr. Winstead displayed some preliminary
sketches of the architecture; there will be a variety of
building materials used, and the intent will be to make
the Center look like a downtown main street. The Board
felt that the developer was moving in the right direction
architecturally.
Moved by Hartstein, seconded by Marienthal , that this plan
be referred to the Plan Commission, with the understanding
that curb cuts and traffic patterns be fully scrutinized
by the Plan Commission, that the referral be subject to a
comprehensive landscaping and berming plan, and that the
referral be subject to an appropriate theme appearance
package being put together by the developer. Upon roll call ,
Trustees voted as follows:
AYES: 5 - Marienthal , O' Reilly, Hartstein, Kavitt , Gerschefske
NAYES: 1 - Stone
Motion declared carried.
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Moved by Hartstein , seconded by Kavitt, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried.
The meeting was adjourned at 10: 18 P.M.
Janet M,,Sirabian , Village Clerk
APPROVED BY ME THIS -! DAY
OF d,:.,1- , 1981 .
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Village President