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2002-05-20 - Village Board Regular Meeting - Minutes 11232 5/20/2002 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,MAY 20,2002 CALL TO ORDER President Hartstein called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Johnson,and Trilling. Trustee Kahn was absent Also present were: William Brimm,Acting Village Manager;William Raysa,Village Attorney;Scott Anderson, Assistant Finance Director;Art Malinowski,Human Resources Director;Phil Versten,Communications Director; Robert Pfeil,Village Planner;Greg Summers;Carmen Molinaro,Director of Golf Operations;Rick Reed,Golf Course Superintendent;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Johnson,to approve the minutes of the May 6,2002 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. TRUSTEE LIAISON ASSIGNMENTS President Hartstein reviewed the Trustee liaison assignments for the upcoming year,as detailed in his memo to the Board of May 16,2002. Moved by Glover,seconded by Johnson,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. WARRANT#958 Mr.Tenerelli read Warrant#958. Moved by Glover,seconded by Braiman,to approve Warrant#958 in the amount of $3,332,381.72,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. MEMORIAL DAY OBSERVANCE President Hartstein noted that there will be a Memorial Day Observance at the Knopf Cemetery at 11:00 A.M.next Monday,May 27,2002. 11233 5/20/2002 RELAY FOR LIFE President Hartstein reminded residents that this year's Relay for Life sponsored by the American Cancer Society will be held at Stevenson High School on June 21-22,2002. Both Buffalo Grove and Stevenson High School students are involved in this event. President Hartstein urged residents to form teams to participate in and support this cause,and he noted that further information may be found on Channel 6 and the Village of Buffalo Grove website. STEVENSON HIGH SCHOOL GYMNASTICS President Hartstein congratulated the Stevenson High School Gymnastics Team on their first place finish in the state finals;they will be recognized at the next Village Board meeting. FIRE CHIEF ALLENSPACH President Hartstein recognized and thanked outgoing Fire Chief Tom Allenspach for his years of service and dedication to the Village of Buffalo Grove. Trustee Glover noted that she and the Village Clerk attended the retirement dinner for Chief Allenspach and that he received a wonderful and well-deserved send off from the Fire Department and the Village. CIVIC INVOLVEMENT AND RECOGNITION COMMISSION President Hartstein stated that he has received a letter from the Civic Involvement and Recognition Commission indicating that they recommend dissolution of the Commission as they believe that many of the things that they are doing as a commission are duplicated by other groups. Moved by Glover,seconded by Johnson,to dissolve the Civic Involvement and Recognition Commission in accordance with the recommendation of the commission and Mr.Brimm's memo to Mr.Balling of May 9,2002. Upon voice vote,the motion was declared carried. GOLF DOME Moved by Berman,seconded by Braiman,to defer action on the Buffalo Grove Park District Golf Learning Center dome until further notice from the Park District. Upon voice vote,the motion was unanimously declared carried. TRANSPORTATION Trustee Berman reported that he and Mr.Boysen attended a transportation conference sponsored by the Lake County Partners. Mr.Brimm reported that the Village is working with Pace to establish a fixed bus route to run between the Deerfield station and the Buffalo Grove station on Commerce Court,with the kick-off of this route slated for June 23,2002. President Hartstein thanked Mr.Brimm and Village staff for working together with Pace to bring about this convenience for residents. MANAGEMENT REPORT Mr.Brimm noted the submittal of the Management Report for the month of April,2002;there were no questions regarding the report. COMPETITIVE CABLE SYSTEM Mr.Brimm reported on the efforts of Buffalo Grove,Palatine and Hoffman Estates to determine whether or not there was interest in providing a competitive cable franchise in these Villages. As reported in Mr.Versten's memo to Mr.Balling,no RFP's were received and there does not appear to be any interest at this time. Trustee Berman thanked Mr.Versten and staff for their efforts in this instance. 11234 5/20/2002 RESOLUTION#2002-24—DR.RICHARD P.DuFOUR Moved by Glover,seconded by Johnson,to pass Resolution#2002-24,honoring Dr.Richard P.DuFour on the occasion of his retirement. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. President Hartstein will present this Resolution to Dr.DuFour at a special event in his honor. PROCLAMATION-BUCKLE UP BUFFALO GROVE! Sergeant Steve Husak made a presentation to the Board regarding the use of seatbelts,and he presented awards to individuals who spared themselves serious injury or worse in traffic accidents by wisely choosing to use their safety belts. President Hartstein noted the Proclamation declaring the week of May 20-27,2002 as Buckle Up Buffalo Grove! week. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any comments or questions from the audience;there were none. CONSENT AGENDA President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests. The Village Clerk then read a brief synopsis of each of the items on the Consent Agenda. Moved by Glover,seconded by Johnson to approve the Consent Agenda. ORDINANCE NO.2002-26—Driveway on Weiland Rd. Motion to approve Ordinance No.2002-26,amending Chapter 20 of the Village of Buffalo Grove Municipal Code regarding the regulation of a driveway on Weiland Road. RESOLUTION NO.2002-25—Geographic Information Data Motion to approve Resolution No.2002-25,approving an Agreement with the Cook County Assessor concerning the Village's access to Geographic Information Data developed by the Cook County Assessor's office. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. ORDINANCE#2002-27—ZONING/COSMIC ZONE Bill Feldgreber,developer,made a presentation the Board,referring to the slideshow that was also done for the Plan Commission taking the viewer through all the features of the proposed center. 11235 5/20/2002 Trustee Johnson noted that with regard to Ordinance#2002-27,which is the ordinance amending the Zoning Ordinance to create a family entertainment center definition,it is in large part co-opting portions of already existing zoning uses within the B-5 and other adjacent districts. Bowling alleys themselves are already allowed in the zoning district. It is his opinion that a family entertainment center is a"deluxe"bowling alley with some additional uses in place, which is the only thing that differentiates it from an already existing use so that a bowling alley could go in the B-5 district as it is currently configured. Similarly,the other amusement type uses that are proposed in this family entertainment center would already be permitted uses under existing zoning codes,but they are being put together in one cohesive zoning definition, which he believes is relevant in terms of Board consideration of the proposed ordinance. Trustee Glover stated that she would like to see last call no later than 1:00 A.M. to allow enough time for the establishment to be cleared out by 2:00 A.M. Mr.Feldgreber stated that he does not foresee a problem with that regulation. Mr.Feldgreber stated that they are proposing approximately 30 games in the video section. Mr.Raysa stated that the ordinance approving the special use does not speak to the number of games,therefore,the current ordinance would allow only eight games;that chapter would have to be amended to allow 30 games,as would the chapter governing closing time. Mr.Raysa stated that the Village can create classifications for types of video arcades and also for hours of operation as long as rationale can be justified. Trustee Berman stated that a Plan Commission subcommittee several years ago prepared a report that laid out a plan for allowing variances that would essentially incorporate the special use standards and Board approval for additional video games. Trustee Berman suggested a polling on whether or not to direct staff to prepare the necessary ordinance changes,but he would like to see it limited strictly to the B-5/family entertainment center. Trustee Braiman clarified to the petitioner that,until the ordinance is amended,they are dealing with just eight games;Mr.Feldgreber stated that he understood. President Hartstein polled the Board with regard to directing staff to draft a new version of the ordinance that would allow the Board the flexibility to address a request for more than eight video games once it is enacted: YES indicates favor;NO indicates opposition: YES: Braiman,Glover,Berman,Johnson,Trilling NO: None President Hartstein polled the Board with regard to directing staff to draft a new version of the ordinance that would allow the Board the flexibility to address a request regarding hours of operation once it is enacted: YES indicates favor;NO indicates opposition: YES: Braiman,Glover*,Berman,Johnson,Trilling NO: None *As long as it takes in the hour earlier shut off of alcohol. Trustee Berman asked whether or not certain portions of the center will be designated as non-smoking. Mr. Feldgreber stated that the restaurant,the laser tag area and the batting cages will be designated as non-smoking at all times;they are also entertaining the idea of having the entire facility dedicated as non-smoking during the day on Saturdays;there will be an exhaust system designed to draw smoke out of the facility;there will be no cigar smoking. Since children are particularly encouraged to patronize the video arcade,Trustee Berman asked that it also be designated non-smoking. Trustee Braiman commented on whether or not this type of use should be permitted rather than a retail operation that would generate sales tax revenue;he stated that he asked the owner of the property to provide a marketing report depicting what retail operations that they have tried to get into this property;the report shows that 60-70 different users have been contacted,none of whom were interested in locating to this site. Trustee Braiman stated that, although everyone would like to have a Sunset Foods or a Borders Books in that site,it is not going to happen and he believes that it is detrimental to have this building unoccupied,and he believes that this proposal is a proper use for that site. 11236 5/20/2002 Trustee Johnson stated that it needs to be made clear that the Village does not own or operate the Town Center,and therefore,does not have control over what goes in there,other than zoning approval. The marketplace determines what type of business will succeed. Testimony has been given that there have been extensive marketing efforts,and there has not been a large retailer interested in the site. This proposal is a good use for the site,and for the community. Moved by Glover,seconded by Berman,to approve Ordinance#2002-27,amending the Village Zoning Ordinance concerning the Family Entertainment Center and related amusement and recreation activities in Business Districts. Trustee Braiman stated that he would like to have the marketing report incorporated into the public record. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. ORDINANCE#2002-28—COSMIC ZONE Mr.Raysa stated that the smoking issues are not in the proposed ordinance,therefore,they cannot be enforced. Trustee Berman stated that he asked the question for informational purposes and was looking for good faith intentions;he does not believe it is appropriate to make that kind of binding commitment. Moved by Glover,seconded by Braiman,to pass Ordinance#2002-28,approving a Special Use and amendment of a Planned Unit Development(P.U.D.)concerning the proposed Cosmic Zone family entertainment center,350 McHenry Road,Buffalo Grove Town Center. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. President Hartstein thanked Mr.Feldgreber and Mr. Ottenheimer for their efforts in putting this proposal together. DOMINICK'S Trustee Johnson introduced the proposed ordinance. David Hene,Dominick's,reviewed the proposal of thepetitioner who is seekingan amendment to the P.U.D. and P P preliminary plan for Chase Plaza for approval to operate a fuel center with four pumps in addition to the 61,000 square foot grocery store. Mr.Hene made a presentation to the Board highlighting the changes that have been made to the plan since it was previously before the Board. Steve Corcoran,principal with Metro Transportation Group,stated that they expect minimal new traffic to the area; 70-80%of the traffic will be existing;regarding parking,the fuel center will be located in the least used part of the center;they have agreed to have the fuel truck refuel the tanks during the least used hours of the center;he reviewed the landscaping that will be done Walter Hainsfurther,Kurtz Associates,reviewed the landscape plan,particularly the splitting of the canopies to allow better visibility for the center;the capacity of the storage tanks has been increased;the landscape area has been increased and improved in this part of the site;he noted that this is a permitted use in the district that it is being built in,and the only reason that Board approval is needed is to amend the P.U.D.;if this was a separate lot in a B-3 zone,a fuel center is a permitted use;they are asking for no variances;the marketplace is dictating that grocery stores incorporate fuel centers as a means to remain competitive. 11237 5/20/2002 Mr. Hene stated that Dominick's believes that the fuel center is an addition to the viability of the shopping center; they have chosen a location in the parking lot with the least impact on the traffic in the center;the visibility issue does not currently exist for motorist's driving on Lake Cook Road,since the current hedge already limits visibility; addition of the fuel center will increase business in the grocery store,which will in turn bolster business for other tenants in the center;the tenants on the west side of the center currently have no signage at all and this proposal would create signage and visibility for those tenants. Mr.Hene stated that Dominick's has always been a good corporate citizen in the Village of Buffalo Grove,and will continue to invest in their stores in Buffalo Grove, whatever the outcome of the fuel center. Mr.Hene stated that Dominick's committed to the Plan Commission that they will make any changes that the Village requests of them; they have made every change that they have been asked to so far.He stated that independent fuel centers do not have the connection to the shopping center that the Dominick's facility will have,not only to the Dominick's store but also to the other retail neighbors. Trustee Johnson asked how Dominick's can explain the fact that this is a special use offering as a convenience since there are already approximately eight fuel centers within a three-mile radius. Mr.Hene replied that,according to their survey,this use has been endorsed by Dominick's customers as a use they would like to see established;similar operations by Dominick's have not resulted in detrimental effects;he stated that this is a convenience to customers to be able to make one less trip for a necessity. Trustee Braiman acknowledged that Dominick's has been a good corporate for many years in Buffalo Grove and noted that it is appreciated,as is the financial commitment that they have made to Buffalo Grove;by the same token, the Village of Buffalo Grove has also been supportive of Dominick's in all of their developments. Trustee Braiman stated that Dominick's represented that most of the fuel traffic will be current customers,and therefore he questions how the fuel center will benefit the center. Mr.Hene stated that although most of the traffic will already be in the center,the proposed fuel center would fill a gap for motorists driving by on Lake Cook Road because there is not another fuel center between Route 83 and Route 53. Trustee Braiman stated that he does believe that this proposal will be injurious to the center;he does not believe that it is fair to the tenants in the building to the east to look right out their windows at fuel pumps. This center is very successful,and he does not believe that it is appropriate to place fuel pumps at this site. Trustee Glover echoed Trustee Braiman's comments with regard to Dominick's being a good corporate citizen and being committed to Buffalo Grove. However,she believes that the route that the tanker truck would travel to deliver fuel to the pumps contains very tight corners and she has a real concern with that. Mr.Hene reported that the center is 90%+occupied at this time. Trustee Glover stated that she understands that the only thing that Dominick's is asking is to amend the P.U.D.,and she noted that there have to be good reasons to amend the P.U.D.;she does not believe that the fuel center would enhance the shopping center;she does not believe that the fuel center fulfills a need that cannot be met in close proximity;she believes that the only real benefactor of the fuel center is Dominick's;she noted that there is a brand new Target within two miles that does not have a fuel center,so it does not appear that the marketplace demands fuel centers. Both Trustees Braiman and Glover stated that they might feel differently about the fuel center if it presented a hardship to Dominick's and the shopping center. Trustee Berman stated that he does not accept the market analysis;he does not see a deficit of fuel pumps in this vicinity;he does not accept the convenience rationale;movements in and out of this center are difficult at peak times as is;he does not accept the competition rationale;none of Dominick's competitors have a fuel center;he does not see the P.U.D. amendment rationale;he sees no reason to overturn the Plan Commission recommendation. 11238 5/20/2002 Trustee Trilling stated that he spend a great many meetings going over this with Mr.Hene;he respects Dominick's for their comments and the comprehensive nature of the information provided to the Village;he voted in favor of this proposal at the Plan Commission level due to mechanics of an acceptable plan,however,he now represents the interests of the community as a whole,as well as the vote taken at the Plan Commission,and he cannot support this proposal at this time. Mr.Hene stated that Trustees have referred to this as a mid-block fuel center when,in fact,the center is at the corner of two major roads. Moved by Johnson,seconded by Berman,to approve an amendment of the Planned Unit Development(P.U.D.)for Chase Plaza,Lake Cook/Arlington Heights Roads concerning construction of a fuel center for Dominick's supermarket consistent with the testimony provided to the Plan Commission,the Plan Commission recommendation and the testimony provided this evening. Upon roll call,Trustees voted as follows: AYES: 0—None NAYS: 5—Braiman,Glover,Berman,Johnson,Trilling ABSENT: 1 —Kahn Motion defeated. President Hartstein reiterated the fact that this community and the Village Board have the highest regard for the Dominick's corporation and this vote is no reflection on the relationship and the pride we take in all of the Dominick's stores that service our community;he congratulated them on the new store which has opened and is a tremendous success. ORDINANCE#2002-29—LARRAWAY/LOCKWOOD Moved by Berman,seconded by Johnson,to pass Ordinance#2002-29,amending title 10 of the Village of Buffalo Grove Municipal Code regarding installation of a two-way stop sign on Larraway Drive at Lockwood Drive. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1—Kahn Motion declared carried. ORDINANCE#2002-30—MICHAEL'S Moved by Johnson,seconded by Berman,to pass Ordinance#2002-30,an ordinance amending Chapter 5.20 Liquor Controls,Michael's of Buffalo Grove. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. 1St EQUITY BANK Mr.Brimm introduced this proposal. Shabsa Lis,representing Louis and Ethel Kolom,made a presentation to the Board proposing a small community bank,details of which are contained in his letter to Mr.Pfeil of May 10,2002. John Vostal,John Vostal Architects,Inc.,highlighted the changes that will be made to the existing structure. Trustee Berman stated that he is hard pressed to see the need for another bank in the community. Mr.Lis responded,and stated that this is a niche bank and more oriented to the community than the larger banking institutions;they are not requesting a drive-through or an ATM machine as it is not essential to their operation. 11239 5/20/2002 President Hartstein pointed out that there are many site restrictions that would effectively prohibit any drive-through lanes. Trustee Trilling asked about the soil being removed at the front of the building. Mr.Lis stated that they have discussed this with Village staff and staff informed them that there is no need for extra detention on this property and it does not have any further requirements of that nature. Mr.Vostal stated that the actual height of the building will not be modified,however,the facade will be a little bit higher;the ground/floor slab will remain as it is. Moved by Johnson,seconded by Braiman,to approve the minor amendment for the proposed 1st Equity Bank, 1330 Dundee Road,Strathmore Square shopping center. Mr.Pfeil stated that the ZBA would handle aesthetics and landscape review. Trustees Johnson and Braiman amended the motion to being subject to ZBA review. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSENT: 1 —Kahn Motion declared carried. 16226 W.APTAKISIC ROAD Trustee Johnson recused himself from any participation on this subject,as he currently represents the petitioner in his private law practice. Susan Aldridge,owner,made a presentation to the Board petitioning annexation to the Village of Buffalo Grove in the B-1 zoning district,details of which are contained in the Village Board Meeting Agenda Item prepared by Mr. Pfeil. Trustee Braiman asked if they would intend to hook in to the Village water/sewer system. Mrs.Aldridge stated that it would be cost prohibitive at this time,but that they would put something in the annexation agreement that it would be done at some point down the road;she stated that they have absolutely no intent of changing the use on the site. Moved by Braiman,seconded by Glover,to refer the petition for annexation of 16226 W. Aptakisic Road(NE corner of Pet Lane and Aptakisic Road),in either the B-1 or B-2 district to the Plan Commission for review;he asked that the Plan Commission consider both alternatives. There was discussion as to whether this issue could be handled at the Board level or should be sent to the Plan Commission for review. Upon roll call,Trustees voted as follows: AYES: 3—Braiman,Glover,President Hartstein NAYS: 2—Berman,Trilling RECUSED: 1 —Johnson ABSENT: 1 —Kahn Motion declared carried. ARBORETUM GOLF COURSE Mr.Brimm made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item overview that he prepared. Moved by Berman,seconded by Johnson,to approve the bid waiver request and authorization to award the contract for the Arboretum Golf Course as outlined in the above mentioned memo. 11240 5/20/2002 Trustee Braiman stated that he is voting against this proposal only because he would prefer to see the bid process. Trustee Berman stated that he believes that a bid waiver is warranted here because timing is important to this project,and we are essentially extending the work that went to this contractor via bid process. AYES: 4—Glover,Berman,Johnson,Trilling NAYS: 1 —Braiman ABSENT: 1 —Kahn Motion declared carried. ADJOURNMENT Moved by Johnson,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:15 P.M. _ Janet M. Sirabian,Village Clerk SOAPPROVED BY ME THIS DAY OF ,2002 Village President