1981-07-27 - Village Board Committee of the Whole - Minutes SUMMARY OF COMMITTEE OF THE WHOLE OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD MONDAY, JULY 27, 1981 , AT
THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS.
PUBLIC HEARING - TOWN CENTER
President Clayton called the Public Hearing to order at 8:06 P.M. Mrs. Clayton
stated the purpose of the Public Hearing. President Clayton then swore in the
following people who were to give testimony: Rick Moses, Architect; Mary
Wehler, Landscape Architect; Jack Sitkoff, Arrow Sign Company; Steve Dieter,
Engineer; Jerry Lindgren, Traffic Planner; Harold Eisenberg, Ken Tucker &
Associates, Developer; Michael Gitlitz, Attorney. Mrs. Clayton then noted
that the Notice of this Public Hearing was published in the Buffalo Grove
Herald on May 20, 1981 .
Mr. Rich Moses showed a plan of the overall Town Center and stated that they
are using a "Main Street" theme; he also pointed out the four major access points
to the center. Mr. Moses stated that the overall site is approximately 22 acres,
with 2.5 acres for the Village Green; the food store will be approximately
52,000 square feet; with a 10,000 square foot addition being provided for; leased
area, including outlots, is 104,000 square feet; there are 836 parking spaces.
Mr. Moses then displayed renderings of building close-ups; he also displayed
the building materials to be used in the Center.
Mr. Mary Wehler displayed the landscaping plan, and described the different
types of trees to be used in various locations; berms are 3' high in some areas
and 4' high in other areas; there will be screening along the service drives.
Mr. Jerry Lindgren reviewed the traffic plan of the Center, both at the four
major access points, and the traffic within the Center itself. Mr. Steve Dieter
described the sanitary sewer system, the water main system, and the drainage
system in and surrounding the Center. Mr. Jack Sitkoff stated that there are
four identical pylon signs, one to be placed at each of the four entrances to the
Center. The signs would each be 20' x 8' , and Mr. Sitkoff displayed a drawing
of the proposed sign.
Mr. Harold Eisenberg described the marketing of the Center. He stated that there
will be 45 stores, ranging from 700 square feet to 2,000 square feet, with the
majority being in the 1 ,400 - 1 ,600 square foot range. There are two outlots
which will probably contain a restaurant and a financial institution. The tone
of the shops will be boutique oriented.
Mr. Moses then showed a rendering of the proposed Jewel Food Store, as well as
the elevations of the various sections of the Center; all trash bin areas will
be hidden by a brick wall .
The representative from the Plan Commission had nothing further to add to the
comments already made.
Trustee Marienthal commended the Plan Commission for the long hours which they
have put in to get this project to its present state.
\./ Mr. Genrich, of the BDDC, stated that they supported this Plan in October,
and they support it again tonight.
PUBLIC HEARING
TOWN CENTER
L 7/27/81
PAGE TWO
President Clayton asked if there were representatives from any other Commissions
or agencies present. There were none.
Mr. Ted Uskali of the Buffalo Grove Historical Society, gave a history of the
Forsythe House to the audience and the Board. The house was built in 1866, and
is considered to be the oldest standing structure in Buffalo Grove. At the time
of the Depression, part of the house was moved east to Route 83, and was turned
into a gas station. President Clayton thanked Mr. Uskali for his presentation.
Mr. Balling stated that it is in the concept of the Town Center to move the main
structure of the Forsythe House onto the Village Green. Trustee Gerschefske
wishes to formally request of the Board that the concept of preservation be
expanded to the filling station, and that it, too, be moved, and preserved
and reconstructed onto the left side of the Forsythe House, so that it may be
restored to its original state.
Trustee O'Reilly stated that she had concern about some of the things in the
Annexation Agreement regarding access points along Buffalo Grove Road; one is
the provision for easement in the event that Church Road is extended, and the
other is the bicycle path on the Forsythe property. Mr. Balling explained that
they wish to enhance pedestrian and bicycle access from Buffalo Grove Road,
but that the location could be changed at some future date; therefore, the
bike path is considered temporary at this point. Trustee O'Reilly asked that
the Board reaffirm the fact that this will be bicycle and pedestrian access,
and will not be automobile access. President Clayton polled the Board: "Yes"
indicates favor of the fact that the entry from the Forsythe property would
not have vehicular access; "No" indicates opposition:
YES : Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NO: None
ABSENT: Gerschefske
Mr. Balling answered Mrs. O'Reilly's other concern, stating that the other
access, which would be the vehicular access planned for Church Road, does not
relate directly to this development. The developer has limited his options
from Buffalo Grove Road to Checker Drive extended. The Village has requested
that their planning include an on-site easement provided to permit the ultimate
vehicular connection point of Church Road to the Center. This is to leave the
Village options open. The Village felt that if it was developed, it would be
developed as a unit, and that one connection point between Checker and Buffalo
Grove Road would be desirable, and at that point, it should be a complete inter-
section. One positive benefit is that it would provide a nice access between
the Civic Center and the Town Center. Mr. Balling stated that it merely gives
the Village an option, but does not bind the Village in any way.
President Clayton suggested the following polling: "Yes" indicates agreement
that the intent of the Village Board is not to extend Church Road at this point
in time, that the reason for having the easement is not to encourage that road,
but that it would be available when and if the other area is redeveloped.
PUBLIC HEARING
TOWN CENTER
7/27/81
PAGE THREE
Trustee O'Reilly stated that, in 5 or 10 years, she does not want anyone to
construe that, because the Board asked for the easement, they want the road.
Mr. Balling suggested that, on page 13, paragraph 14, second line from the
bottom, the word "will" be changed to "may". Trustee O'Reilly agreed to that
change, and there was no disagreement from any other Trustees.
Trustee Marienthal suggested that the Board address themselves to the recom-
mendations in the Plan Commission minutes of June 24, 1981 .
Trustee Stone stated that he was under the impression that there were to be
ground signs, not pylon signs. It was stated that the B-5 Ordinance sets
up its own sign code, which allows 20' pylon signs. Mrs. Sheldon stated that
the Plan Commission referred the signs to the Appearance Commission because
they felt that Commission would be better qualified to deal with the signs.
Mr. Eisenberg stated that they are scheduled to appear before the Appearance
Commission on August 6, 1981 . The developer has asked for four plyon signs,
but the Plan Commission recommendation is for three pylon signs with Appearance
Commission approval . There was discussion as to the appearance of Jewel/Osco
on the signs, and the possibility of there being a future problem because of
there being no identification of the other stores in the Center. Mr. Gitlitz
read the sign section of the B-5 Ordinance. It was decided that the decision
on the signs should be made at the next meeting, when the Board has had an
opportunity to review more information regarding the signs.
Mr. Balling stated that items #11 and #12 in the Plan Commission recommendation
are incompatible, because the Plan Commission recommends an asphalt bike path,
but the Village Engineer recommends concrete. Mr. Katz of Brim-Braun stated
that they think that the asphalt is more aesthetically compatible because of
the color. Mr. Boysen stated that concrete is more durable. President Clayton
polled the Board as to their preference for concrete or asphalt bike paths:
ASPHALT: Marienthal , Hartstein
CONCRETE: Stone, O'Reilly, Schwartz
RECESS
President Clayton declared a recess from 9:35 until 9:50 P.M.
Mr. Eisenberg commented on the various points in the Plan Commission recommendation.
There was discussion regarding the lighting in Item #8. Mr. Eisenberg also
stated that they would like the word "donated" in Item #9 changed to "utilized".
Item #12 will be deleted and discussed separately, since the Village Engineer's
recommendations of June 22, 1981 were superceded by his memo of July 23, 1981 .
President Clayton polled the Board: "Yes" indicates favor of the Plan Commission
recommendations as discussed; "No" indicates opposition:
YES : Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NO: None
ABSENT: Gerschefske
Nod u
PUBLIC HEARING
TOWN CENTER
7/27/81
PAGE FOUR
Mr. Eisenberg discussed Item #3 in Mr. Kuenkler's memo of July 23, 1981 regarding
ingress/egress easements. It was stated that if the developer is responsible
for the plowing of these areas, it will be done at a time most convenient to him.
The public access easements will be indicated on the preliminary engineering
plat and provided pursuant to the July 23, 1981 recommendation of the Village
Engineer.
Mr. Eisenberg referred to Item #4 in the July 23, 1981 memo, stated that this
wish to install the parking lot according to standards which are acceptable to
the shopping center industry throughout the country, rather than Village standards.
He stated that the cost would be approximately $140,000 more to put in the extra
inch of asphalt. The standard that the developer is requesting exceeds the
Jewel criteria for operation of their service drives and parking lots. Mr.
Dieter explained why he thinks that the standards that they are proposing are
more than adequate. After discussion, President Clayton polled the Board: "Yes"
indicates favor of the developer's request to modify the Village standards on
parking lots; "No" indicates opposition:
YES: O'Reilly, Hartstein*
NO: Marienthal , Stone, Schwartz
*Trustee Hartstein suggested that perhaps the Village standards should be re-
evaluated.
There was discussion on Item #5 in Mr. Kuenkler's memo regarding the pedestrian-
way between Buffalo Grove Road and the project parking lot. Mrs. Sheldon stated
that the Plan Commission's concern regarding this is that it is encouraging
pedestrians to cross Buffalo Grove Road. Mr. Balling explained the proposal
of the Village. Mr. Eisenberg stated that they are not in agreement with pro-
viding the funds to construct this pedestrianway.
President Clayton asked if the Trustees were in agreement with having the
pedestrianway through the subject area; there was no disagreement with the
statement. President Clayton polled the Board as to whether the Village or
the Developer should pay for this improvement:
VILLAGE: Marienthal , O'Reilly, Hartstein
DEVELOPER: Stone, Schwartz
President Clayton polled the Board on the pedestrian walkway on Buffalo Grove
Road between Lake-Cook and the bike way to utilize the signalized intersection:
"Yes" indicates favor of the above; "No" indicates opposition:
YES: Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NO: None
ABSENT: Gerschefske
Mr. Eisenberg stated that Item #6 in Mr. Kuenkler's memo recommends that the
Village Green be fully improved; he stated that they will agree to have that
done, but they will not agree to pay for it. He stated that their budget grew
by one and one-half million dollars from January until they got out of the Plan
Commission, and this does not include some of the things discussed tonight. Mr.
Balling discussed the levels of improvement required on the Village Green. Mr.
Balling stated that he has suggested that the developer develop a recapture formula
PUBLIC HEARING
TOWN CENTER
7/27/81
s,/ PAGE FIVE
for all of the costs that would be spread back to the properties within the
Town Center on an acreage basis. Mr. Balling stated that the site in its
current state would not be useable. Mr. Eisenberg stated that he would provide
grading, but not the storm sewer, water main, street lighting, etc. Discussion
on the subject followed. Trustee Hartstein stated that the Village is some-
what inconsistent in encouraging this type of development by asking for too
many improvements from the developer. Trustee Stone stated that he does not
agree with that statement; he stated that he wants to encourage this type of
development, but thinks the Village must draw the line somewhere as to what
we are giving up. Trustee Marienthal stated that, when the Town Center was
first envisioned, there was always a plan for a Village Green; it was always
the intent of the Board that the Village would get a useable piece of property.
President Clayton noted that the School and Park Ordinance requires nothing
from a commercial developer. Mr. Balling explained the concept of the recapture
formula which was suggested. Mr. Eisenberg pointed out that this development
cannot bear all the costs that are being proposed.
President Clayton polled the Board on recommendation #6 in the Village Engineer's
report, which is that the Village Green be fully improved including earthwork,
storm sewer, water main, and adjacent street lighting: "Yes" indicates favor
of that recommendation; "No" indicates opposition: Mr. Raysa pointed out that
there is not statutory recapture provision for this type of expenditure.
YES: Marienthal , Stone, O'Reilly, Schwartz
NO: Hartstein*
*Unless some appropriate financing approach is worked out.
Mr. Eisenberg pointed out that Item #7 in Mr. Kuenkler's memo (recommendation
that the proposed water main be extended and connected into the Lexington Hills
system) has no benefit whatsoever to their development. Mr. Balling stated that
is a correct statement, but that it would be subject to 100% recapture. President
Clayton polled the Board: "Yes" indicates favor of Item #7 in the Village
Engineer's memo; "No" indicates opposition:
YES: Marienthal , Stone, O'Reilly, Schwartz
NO: Hartstein
Mr. Eisenberg stated that Item #8 (recommendation that the detention ponds have
aeration) is deemed unnecessary by their engineer. Mr. Dieter stated that
there will be adequate flushing from the run-off from the Center, and the
aerators are not necessary. Mr. Kuenkler stated that he thinks it could help
the quality of the ponds themselves. President Clayton polled the Board: "Yes"
indicates favor of the Village Engineer's recommendation of Item #8; "No"
indicates opposition :
YES: Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NO: None
Mr. Balling pointed out that it should be noted on Exhibit A that, of the total
square footage, 20,000 square feet will be for a sit-down restaurant. There
could be a need for change in parking spaces; the developer agreed to this.
N u
PUBLIC HEARING
TOWN CENTER
7/27/81
PAGE SIX
Mr. Balling then went over the points in his memo to the Board of July 23, 1981 .
Mr. Marienthal asked that, if the Village does enter an agreement with the
developer regarding the plowing of Checker Road, the Village would receive a
"hold harmless" from the developer regarding damage to the pavement or landscaping,
and liability. President Clayton polled the Board: "Yes" indicates favor of
the Village plowing Checker Drive extended, with the developer giving the Village
a "hold harmless" agreement on any liability; "No" indicates opposition
YES: Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NO: None
Mr. Balling commented on Page 13, Paragraph 13 (Payment of Fees) . Mr. Eisenberg
stated that he would like to request that the Village consider the amount of the
improvements, and establish a fee for architectural review. They figure that
the review fee by the Village will equal actually doing the cost of the engin-
eering work. They think that the fees that they will be paying will be more
than it will actually cost the Village to monitor the work that is being done.
They originally requested that an amount be established in the development
agreement that they would pay for engineering review. As an alternative to
that, they would like to request that the Village consider suspending the fee
on that work that is being done for public improvements. They typed the document
that is in the Village's hands right now. They agreed to submit that document as
it was to establish exactly what is going to be desired by the Village on their
part. They are asking that the Village reduce the fee, not below the cost
that the Village will incur in reviewing the development. President Clayton
polled the Board: "Yes" indicates favor of the developer's request to reduce
this particular fee to a cost not less than that incurred by the Village; "No"
indicates opposition: Discussion followed on this request.
YES: Hartstein
NO: Marienthal , Stone, O'Reilly, Schwartz
Mr. Balling then explained the request regarding the Forsythe House. President
Clayton polled the Board: "Yes" indicates favor of requiring the gas, electric,
and telephone utilities to be extended to the Forsythe House on the Village Green;
"No" indicates opposition:
YES: Stone, Schwartz
NO: Marienthal , O'Reilly, Hartstein
President Clayton said that the next item was Mr. Uskali 's request (per Trustee
Gerschefske) to relocate the gas station. Trustee O'Reilly asked that, instead
of taking a polling on whether or not the developer should finance this reloaction,
the Village put in under Item #17 some provision for giving a period of time for
a group to get together to save that building. President Clayton stated that Mr.
Uskali had mentioned the possibility of a grant from Standard Oil to preserve
the building. Discussion followed on the subject. President Clayton polled
the Board: "Yes" indicates favor of Trustee Gerschefske's request to have the
old Standard station moved to the Village Green, at the developer's expense;
"No" indicates opposition:
YES : None
N./ NO: Marienthal , Stone, O'Reilly, Hartstein, Schwartz
PUBLIC HEARING
TOWN CENTER
7/27/81
`./ PAGE SEVEN
President Clayton again polled the Board: "Yes" indicates favor of pursuing the
possibility of moving that building to the Village Green, and not requiring the
developer to demolish the building in the six months stated in the
agreement, the developer giving the Village 90 days notice before demolishing
the building; "No" indicates opposition:
YES: Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NO: None
Mr. Eisenberg stated that they have discussed the issue of liquor licenses,
which was in the original draft of the Development Agreement which was submitted,
and it was requested by Mr. Balling that this be deleted pursuant to Mr. Raysa's
legal opinion. Mr. Eisenberg stated that they request that there be a reserva-
tion in the Development Agreement for up to 6 liquor licenses (2 package licenses,
2 beer and wine licenses, and 2 full-service licenses) . They are asking that the
Village Board provide that there are sufficient licenses available, so that if
a qualified individual or company pursuant to the requirements of the liquor
commissioner, make application, the liquor license be available so that the liquor
commissioner does not have to come before the Village Board to request an increase
in the number of those licenses. Mr. Raysa stated that the Village President is
the liquor control commissioner, and she only has the authority to issue the
number of licenses in the Ordinance. He also stated that, according to case
law, the liquor control commissioner cannot guarantee or reserve licenses for
an individual . The liquor commissioner cannot act upon any document until an
application is received. The Board has the authority to increase the number of
licenses available. Discussion on the subject followed.
Mr. Eisenberg asked that the Village establish that this development will be
built pursuant to the building code as it is today, provided that they apply
for a building permit within a specified period of time. Mr. Eisenberg asked
that the building code be frozen as is until April 1 , 1982, and that the building
permit fees be frozen until April 1 , 1982. President Clayton polled the Board:
"Yes" indicates favor of the developer's request; "No" indicates opposition:
YES: Marienthal , O'Reilly, Hartstein
NO: Stone, Schwartz
Mr. Eisenberg requested that this development not be required to put in the
established highway lighting on Route 83. Mr. Gitlitz stated that he has never
heard of a private developer being required to put in light on state highways.
Mr. Eisenberg stated that they would be agreeable to the lighting at the ingress/
egress points to the Center. President Clayton polled the Board: "Yes" indicates
favor of the developer's request to limit the street lighting on Route 83 to
the intersections; "No" indicates opposition:
YES: Marienthal , O'Reilly, Hartstein, Schwartz
NO: Stone
It was suggested that the street lighting standard be re-evaluated before a
decision is made on whether or not the Village would pay for putting in the
remaining street lights required. Mr. Eisenberg asked that the Board consider
allowing the developer to cut in half the number of decorative light poles
`, spread throughout the development.
PUBLIC HEARING
TOWN CENTER
7/27/81
es' PAGE EIGHT
Mr. Eisenberg stated that they have been working with the staff on various
financing vehicles; he explained the various problems they are having with
financing. Mr. Eisenberg stated that, in conversations with Mr. Brimm and Mr.
Balling, the most viable method of financing would be a special service district.
Mr. Balling explained the special service district method. Discussion on the
financing followed.
President Clayton stated that the Annexation Agreement will be put in form based
upon all of the pollings and commitments that were made tonight, and come back
before the Board for the official Ordinances which must be voted on.
Trustee Marienthal stated that he does not wish to have any Village property,
outside of this property, backstop the financing if it should default. President
Clayton polled the Board: "Yes" indicates favor of looking at some type of
alternate financing in order to help the developer; "No" indicates opposition:
YES: Marienthal*, Stone*, O'Reilly, Hartstein, Schwartz
NO: None
*Qualified that there would be no backstop from a property standpoint of any
resident having to pay anything if there was a default.
Following is a summary of all items polled and agreed upon at this meeting:
1 . Development Agreement; page 13, para. 14: Second line from the bottom
with reference to installation of Church Road, the word "will " will be
changed to "may".
2. Bikepath standards : To eliminate the inconsistency between the Village
Engineer's recommendation and Plan Commission recommendation, concrete
bikepaths will be used on the rights-of-way.
3. Plan Commission recommendation was accepted except as noted. Item 9, the
word "donated" was modified to "utilized"; and Item 10 with reference to
the pylon signs , was deferred to await the Appearance Commission consideration
and recommendation. This will be accomplished early in August and will be
considered prior to the execution of the ordinances.
4. Public Access Easements: The public access easements will be indicated
on the preliminary engineering plat and provided pursuant to the July 23rd
recommendation of the Village Engineer.
5. Pavement and Curbing Standards : The pavement and curbing standards of the
Village of Buffalo Grove will be utilized consistent with the recommendation
of the Village Engineer.
6. The temporary bikepath from the intersection of Buffalo Grove Road and
Lake-Cook Road through the Forsythe property, across the service drive
to the shopping center, will be installed by the Village of Buffalo Grove
upon the pedestrian easement which will be granted by the developer for this
property.
f
PUBLIC HEARING
TOWN CENTER
7/27/81
PAGE NINE
7. Village Green: The Village Green will be developed as an improved lot
pursuant to the recommendation of the Village Engineer.
8. Offsite watermain north of IL Route 83: This watermain will be installed
at developer's expense subject to 100% recapture pursuant to the recommendation
of the Village Engineer.
9. Aeration: Aeration will be provided on the detention lakes pursuant to the
recommendation of the Village Engineer.
10. Snowplowing of Checker Road extended: The Village of Buffalo Grove will
provide snowplowing to Checker Road extended, that being subject to filing
with us a hold harmless for all liability of damage to pavement, landscaping,
etc. for our activities in conjunction with the snowplowing.
11 . Village Fees: The Village fees will be paid pursuant to ordinance.
12. Electric, Gas & Telephone Utilities to the Forsythe Property: Developer
will be required only to put water and sewer service to the property.
Electric, gas and telephone service will be installed by others.
13. Forsythe Addition/Gas Station: The Village of Buffalo Grove will have
until April of 1982 to determine if there is interest in moving and relocating
the Forsythe property from developer 's site to the Village Green.
14. Liquor Licenses: There will be no contractual commitment for liquor licenses,
however, an informal assessment of the Board indicated that they agreed with
the Village President 's statement that liquor licenses described by you were
consistent with the planning for the Town Center.
15. Building Code and Building Permit Fees: The building code and building permit
fees will be frozen to April 1 , 1982 to those fees in effect at the execution
of the Agreement.
16. Arterial Street Lighting on IL Route 83: The arterial street lighting for
IL Route 83 will not be provided, however, intersection lighting will be
provided pursuant to the Village Engineer's recommendation. Developer 's
design engineer should prepare his plans which illustrate the intersection
lighting scheme proposed.
17. Miscellaneous Aesthetic Items: Decorative lightings reduced by 50%; larger
bricks; lower parapet. These items were discussed by no consensus was
reached by the Board.
18. Public Financing: The Village Board indicated that direction was given to
staff to review alternative financings, however, that financing should not
in any way be secured by a general property tax of the Village of Buffalo
Grove.
ADJOURNMENT
President Clayton closed the Public Hearing at 12:05 A.M.
Janet M. t,Sirabian, Village Cleric