Loading...
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. 5788 2/2/81 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 , yn; 5789 2/2/81 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. L�� 5790 2/2/81 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, 9 11 I�� 5791 2/2/81 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 5192 2/2/81 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 5793 2/2/81 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. 1T ) 5794 2/2/81 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 . ,--- ,,____._,...,,- (--/Z: Village President