1980-02-04 - Village Board Regular Meeting - Minutes 5607
2/4/80
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, FEBRUARY 4, 1980
President Clayton called the meeting to order at 7:40 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, Kavitt,
Gerschefske.
Also present were William Balling, Village Manager; William
Raysa, Village Attorney; William Sommer, Assistant Village
Manager; Frank Hruby, Director of Building and Zoning; James
Truesdell , Village Planner; Richard Kuenkler, Village Engineer;
Gregory Boysen, Director of Public Works; William Brimm, Finance
Director.
Moved by Marienthal , seconded by Hartstein, to approve the APPROVAL OF
minutes of the Regular Meeting of January 21 , 1980. Trustee MINUTES
O'Reilly suggested that, if a Trustee requests minutes to be
verbatim, a vote be taken by the Board. Discussion on this
suggestion followed.
President Clayton polled the Board: "Yes" indicates favor of
Trustee O' Reilly's suggestion that if complete minutes of a
conversation are to be put in the minutes, it be done so after
a vote of the Board; "No" indicates opposition:
YES - Stone, O'Reilly
NO - Marienthal , Hartstein , Kavitt, Gerschefske
Upon roll call , Trustees voted as follows on the motion to approve
the minutes:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Mr. Brimm read Warrant #420. Moved by Marienthal , seconded WARRANT #420
by Kavitt, to approve Warrant #420 in the amount of $231 ,714.54
authorizing payment of bills listed. Mr. Brimm and Mr. Balling
answered a question from Trustee Hartstein. Upon roll call ,
Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
President Clayton appointed Mr. Earl Sabes to the Transportation TRANSPORTATION
Commission for a term to expire April 30, 1981 . Moved by COMMISSION
Stone, seconded by O'Reilly to concur with President Clayton 's APPOINTMENT
appointment. Upon voice vote, the motion was unanimously
declared carried.
President Clayton introduced Mr. Sabes, and thanked him for
his willingness to serve the Village.
5608
2/4/80
Trustee Hartstein asked that the public be made aware of the VOTER
fact that the last day to register both for the March 18 REGISTRATION
Primary, and the March 1 Municipal election will be Tuesday,
February 19, 1980.
Mr. Hartstein also reminded everyone that the informational
meetings for the Fire Referendum and the Home Rule Referendum
will be held on February 13, 14, 19, and 21 , 1980.
Mr. Balling announced that the Regular Meeting scheduled for MEETING
Monday, February 18, 1980, has been rescheduled to Monday, CHANGE
February 25, 1980, because of the President' s Day Holiday,
and also so as not to conflict with the referenda information
meetings to be held that week.
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 AGENDA
any member of the audience or the Board could request that an
item be removed for full discussion. There were no such requests.
Moved by O'Reilly, seconded by Stone, to pass Ordinance #80-4, ORDINANCE #80-4
amending Title 10 of the Buffalo Grove Municipal Code (speed (Speed Restri-
restriction along St. Mary's Parkway) . tion-St. Mary's
Parkway)
The Village Engineer has conducted a speed survey based on
citizen requests on St. Mary' s Parkway and recommends a
reduction in speed to 25 M.P.H.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O' Reilly, seconded by Stone, to pass Ordinance ORDINANCE
#80-5, providing for election judges for the March 1 , #80-5
1980 Municipal Election. Election_
Judvs1
The March 1 , 1980 municipal election requires legislation
to provide for the appointment and selection and compensation
of judges.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES : 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to pass Ordinance ORDINANCE
#80-6, amending Chapter 10.04 of the Buffalo Grove Municipal #80-6 (Senior
Code (vehicle licenses for senior citizens) . Citizen Vehicle
License Dis-
count
5609
2/4/80
Senior Citizens vehicle license discounts are authorized by
this ordinance. A $1 .00 fee is available for 1 vehicle owned
by each senior citizen in Buffalo Grove.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Plat of BUFFALO GROVE
Easement for the Buffalo Grove National Bank. NATIONAL BANK
The easement document satisfies Village requirements relating
to new parking lot addition to the subject property.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to award a bid for MUNICIPAL
Municipal Exterior Street Lighting Program to Fulton EXTERIOR STREET
Contracting Company, with a low bid of $14,493. LIGHTING PROGRAM
The FY 79-80 program budget provides for lighting of the
municipal complex. The low qualified bidder falls under the
maximum approved budget limits .
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Moved by O'Reilly, seconded by Stone to authorize to bid MUNICIPAL
FY 79-80 municipal property landscape and concrete program. PROPERTY
LANDSCAPE AND
The FY 79-80 budget provides for certain concrete and CONCRETE
landscape improvements. Authorization to solicit bids PROGRAM BID
is requested.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAPES: 0 - None
Motion declared carried.
President Clayton read a proclamation recognizing Junior JUNIOR ACHIEVE-
Achievement and the week of February 10, 1980 JUNIOR MENT WEEK
ACHIEVEMENT WEEK.
5610
2/4/80
Trustee Gerschefske explained that this is the next step in ORDINANCE 80-7
preparing ourselves for commercial and industrial revenue ( Industrial &
bonds. Commercial
Revenue Bonds)
Moved by Gerschefske, seconded by Kavitt, to pass Ordinance
#80-7, establishing procedures and fees regarding application
for Industrial and Commercial Revenue Bonds.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
Trustee Hartstein, on behalf of the Board, thanked the Plan B-5 BUSINESS
Commission, the BDDC, the Appearance Commission, and Brim/ DISTRICT ZONING
Braun Associates, for a very comprehensive and thorough job ORDINANCE -
in moving forward with a project that is very important to PROPOSED
the Village of Buffalo Grove. REVISION
Mr. Truesdell explained that Exhibit A contains goals and
policies which were approved by the BDDC. Exhibit B is the
plan which Mr. Truesdell displayed, also reviewed by the BDDC
and the Plan Commission, the intent being to get a consolidated
plan for the Town Center. Various uses were established, in
the ordinance, and the various uses referred to areas that are
defined on the plan. Other bulk requirements were set, such as
minimum lot size, maximum lot coverages, maximum densities. A
separate set of parking requirements were established for the
Town Center. This ordinance is basically designed for the Town
Center to be a planned development with its own set of standards.
Also included in the ordinance is a fairly detailed set of
appearance criteria, requiring various buffer areas and land
treatments. It also requires a detailed review of each develop-
ment by the Village architectural consultant, so that when
buildings do come in, they will be utilizing the appearance
criteria in this ordinance to determine if, in fact, the develop-
ment is consistent with the goals and policies of the Town Center,
and also to monitor development throughout the Center to make sure
that, as different developments come in, they fit together as a
unified development.
The final section of the ordinance describes the development
process. The process here is slightly different than other
typical projects in the Village. A developer would first meet
with the staff, then the BDDC, and then the Village Board, before
beginning the normal process of development in the Village. The
main difference is that the development would be reviewed by the
Village architectural consultant to determine compatibility.
Mr. Truesdell stated that Mr. Raysa had suggested the following
changes to the ordinance:
5611
2/4/80
Page 9: Section 7.4.2, C - The feeling is that a more detailed
definition should be given to the type of screening; this would
be true for all sections of the ordinance which refer to screening.
Page 15: top of page - Lineal foot should be spelled out;, rather
than just having the initials L. F.
Page 19: 7.5. 1 , A - The reference to the Chief Administrator
should be changed to Village Manager.
Page 27: last line - Should read "public hearing may be held" rather
than "shall be held".
Last Page: 7.9 - The third line should read as follows: "ment
schedule of the Final Development Plan, the Planned".
Mr. Balling pointed out that the Village would not be zoning the
property by passing this ordinance; they would be providing for
the district. Separate zonings would occur upon individual
application.
Trustee O'Reilly questioned the wording on Page 19, Section
7.5. 1 , B. Mr. Balling stated that this would involve a direction,
not to be construed as approval or disapproval . An application
going through Step A, would automatically go through Steps B and
C.
On Page 23, regarding paragraph "f", Trustee O'Reilly asked how
the Plan Commission would know whether the Village Board would be
willing to alter regulations . Mr. Balling answered that, unless
there was specific direction from the Board on referral , the Plan
Commission would not know, which would, in effect, discourage any
variation requests. The Plan Commission would have to highlight
any requirement variation in their recommendation to the Village
Board. On the last page, under Section 7. 10, Trustee O'Reilly felt
it would be helpful to point out what commission is being referred
to in this section. It was stated that this refers to the Plan
Commission becuase Section 7.5.4 beginning on Page 21 deals with
Plan Commission Review.
In answer to a question by Trustee Hartstein, regarding Section
7.4.5, A, Mr. Truesdell stated that the first applicant in the
Center would basically set the design trend for the Center, although
the architectural consultant has pointed out that harmony can be
extremely diverse.
Mr. Raysa felt that the question of vagueness in this paragraph
could be overcome by the fact that there would be one commission
studying all applicants .
Trustee Hartstein referred to page 15, paragraph C,1 . , and stated
that he was concerned that some businesses might not have any frontage
on which to place a sign, and conversely that signs could conceivably
be placed every 200 ' , which is a lesser standard than our present sign
code states.
5612
2/4/80
Mr. Truesdell stated that this was a compromise between Brim/
Braun and the Appearance Commission, reached because of the
fact that each development coming in would have to have a sign
package which would require approval . Regarding a possible
development which would be on the interior, and not have any
frontage, Mr. Truesdell stated that he would have to check into
that possibility further.
Mr. Raysa suggested that the paragraph in question be revised
and reworded for clarity.
Trustee Hartstein stated that it might be possible to state
that free standing signs shall be prohibited unless approved
as part of the sign package.
Mr. Raysa stated that he and the staff would need direction from
the Board as to specifics before the paragraph could be reworded.
President Clayton polled the Board: "Yes" indicates favor of
the suggested change that there would be no ground or free
standing signs unless approved as part of the sign package;
"No" indicates opposition.
YES - Marienthal , Stone, O'Reilly, Hartstein , Kavitt, Gerschefske
NO - None
Regarding Section 7. 10, Trustee Hartstein stated that there should
be stronger language regarding work stoppage if conditions and
regulations are not met. Mr. Raysa said that he has already made
a notation regarding same.
Mr. Raysa questioned the need to send a certified notice to all
owners within the Town Center, as well as those within 250' , as
stated on page 21 . The consensus of the Board was that this
requirement should remain as stated.
Mr. Salvatore Santoro, representing Midwest Bank & Trust Company,
owner of approximately 3 acres at the Northwest corner of Lake-
Cook Road and Route 83, stated that the Village is, in effect,
zoning property. He stated that the ordinance as drawn bears no
indication of allowable use or special use for the two existing
service stations on the property. Mr. Santoro stated that the
Shell Oil station is zoned B-2, with special use for a service
station. As part of the issuance of the permits, they agreed
that they would petition the Village to rezone to B-5, with a
special use permit allowing service station use, as well as the
full scope of uses under the B-5 zoning ordinance. He said the
proposed ordinance provides for no use of service stations
whatsoever. Regarding the minimum 5 acre lot size, Mr. Santoro
asked the status of the remaining 2+ acres , excluding the service
station.
5613
2/4/80
Discussion followed on whether or not all administrative
requirements were met regarding Mr. Santoro's property,
thereby not permitting a public hearing as yet.
There was then discussion on whether or not this ordinance
can be construed as a zoning ordinance, and whether or not
Mr. Santoro will actually have use of his service station.
Trustee Stone said there is no intention of removing an
existing service station, but merely to prevent future
�./ service stations.
President Clayton stated that the intent is to create a
zoning district, not to zone property.
Mr. Raysa stated that he would have to review the file to be
sure of specifics in the annexation agreement.
Mr. Shields stated that the Plan Commission discussed this
matter, and did not reach a legal understanding either.
The purpose of the recommendation the way it was written
was that the Commission did not want to have the Santoro
property rezoned B-5; they did not know exactly how to make
sure that that would not be the effect. It was not the
intention of the Plan Commission anywhere along the line to
restrict the development of either of those parcels. Mr.
Santoro stated that by petitioning for B-5, based on permitted
uses or special uses, there is no zoning for service stations.
From the standpoint of Mr. Raysa's statement about a legal
non-conforming use, it puts Mr. Santoro in jeopardy with the
use of that property.
President Clayton stated that she is sure that there is some
legal way to be able to provide for a special use for the
two existing service stations. Mr. Santoro stated that is
exactly what he wants. Trustee Hartstein stated he did not
believe it was the intent of the Board to do anything other
than that. Mr. Santoro said that is not what the ordinance
reads.
Discussion ensued on the legal interpretation of the ordinance.
Mr. Shields stated that another possibility which was discussed
was to leave those two parcels out of the Business District
Development area, and leave them zoned as they are presently
zoned.
Moved by Hartstein, seconded by Kavitt , to direct the Village
Attorney to prepare the ordinance on the B-5 Town Center Planned
District in accordance with the suggested additions, deletions,
or modifications made this evening, and that particular attention
be given to the service station in question in that recommendation.
5614
2/4/80
Mr. Santoro asked that clarification be given regarding the
minimum lot area as it relates to Lot 1 and the 2. 1 acres
contiguous to Lot 1 .
Mr. Knuth stated that he owns 7 and 1/2 acres of land at the
north end of the Town Center area. He went over some of the
developments which have occurred during the last few years.
He has been told that there will be flexibility regarding land
use, but under the new ordinance, he is concerned that he is
going to be limited to one use under B-5 zoning. He does not
feel that residential use is the best use for this property.
It was stated that Mr. Knuth made the same presentation before
the Plan Commission, and that no definite response was given
in that regard.
President Clayton stated that it is her understanding that this
ordinance will be used as a goal and a guide, and that the Village
will be flexible when a developer comes in.
Mr. Genrich stated that if Mr. Knuth 's parcel comes in by itself,
the plan exhibited indicates the preferred use; however, if Mr.
Knuth comes in with a developer and has a good use in mind, it
would certainly be considered. Mr. Knuth stated that the wording
in the ordinance does not indicate flexibility. Mr. Knuth asked
that the record show that he feels the ideal and best use of his
property is commercial . Mr. Knuth stated that there have been
three different zoning studies made of this area , and in each
case, his land has been shown as commercial .
Mr. Balling stated that residential has always been a use in
the B-3 district, as well as commercial uses. The goals that
the BDDC and the Plan Commission have been working on are based
on a marketing study and relate to a maximum square footage
potential on this site. That has five different land use
classifications, residential being one of them. It is felt very
strongly that if residential is going to occur, it 's going to
occur on the northern portion of the site adjacent to other
existing residential areas. Mr. Knuth stated that he feels
residential could be placed on other areas of this 80 acres.
Mr. Balling stated that the Village would consider any alternative
land use, but the plan contained here reflects the best thinking
of every advisory commission in the Village.
Mr. Genrich stated that the BDDC has been receptive to the people
having interest in this property. He said that, as the Center
moves along, there will be changes . The BDDC will be glad to
work with Mr. Knuth, and they would be reasonable with him.
Trustee Hartstein restated his motion for clarification. Upon
roll call , Trustees voted as follows:
AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt,
Gerschefske
NAYES: 0 - None
Motion declared carried.
5615
2/4/80
Trustee O'Reilly explained the two appeals before the Board COMMONS
this evening.
Mr. Shassian explained the process of events leading to the
present dilemma. Mr. Shassian stated that, at an early stage
in the development, he did state that the colors would be earth
tones. The Building Department subsequently ordered him to
remove the green roof from the model . Mr. Shassian then asked
for another review by the Appearance Commission. He requested
�.J that Appearance Commission members visit the site so they could
see the actual product. He said that not one of the members had
visited the site, and had no idea what the product looked like.
Moved by Hartstein, seconded by Gerschefske, that the Appearance
Commission be overruled in this regard, and that anyone who wants
a green roof in accordance with the rest of the approved package
color combinations in the Commons shall be allowed to have a
green roof.
Trustee O'Reilly stated that she did not like to overrule
the Appearance Commission, but that she would in this instance.
Mr. Balling stated that perhaps some direction should be given
to the Appearance Commission with regard to flexibility.
Upon roll call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt,
Gerschefske
NAPES : 0 - None
Motion declared carried.
Trustee O'Reilly moved to make the general policy of the Village
Board to advise the Appearance Commission that the Village Board
wishes greater flexibility with regard to color packages. There
was no second to the motion.
President Clayton stated that many times the Appearance
Commissioners are not clear on the desire of the Board.
Mr. Shassian stated that there are only a small number of
colors available.
Moved by O'Reilly, seconded by Hartstein, to overrule the
Appearance Commission decision to deny the arrow on the sign
on Route 83. Upon roll call , Trustees voted as follows:
AYES : 4 - O'Reilly, Hartstein, Kavitt, Gerschefske
NAPES: 2 - Marienthal , Stone
Motion declared carried.
i
I
`� i
I
I
V
I _ __
5616
2/4/80
Moved by Hartstein, seconded by Stone, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried.
The meeting was adjourned at 9:35 P.M.
Janet K.4Sirabian, Village Clerk
APPROVED BY ME THIS JL DAY
OF 1980.
� l ,
Village President