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2003-01-20 - Village Board Regular Meeting - Minutes 11325 1/20/2002 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,JANUARY 20,2003 CALL TO ORDER President Hartstein called the meeting to order at 7:30 P.M. President Harstein read a brief tribute honoring Dr. Martin Luther King as his birthday is celebrated today.Those present then stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Johnson,Kahn, and Trilling.. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager;Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Gregory Boysen,Director of Public Works;Robert Pfeil, Village Planner;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Kahn,seconded by Johnson,to approve the minutes of the January 6,2003 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. WARRANT#974 Mr.Tenerelli read Warrant#974. Moved by Glover,seconded by Johnson,to approve Warrant#974 in the amount of$2,310,955.88,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 2003 GOALS President Hartstein reviewed the corporate goals set forth by the Board for 2003,as detailed in the memo to the citizenry dated January 16,2003. RESOLUTION#2003-4—ROUTE 120 Moved by Trilling,seconded by Johnson,to pass Resolution#2003-4,in support of seeking TEA-3 Funds for Illinois Route 120 in Lake County,urging Congress to make an increase in roadway capacity,along with other improvements,for Illinois Route 120 from the city of McHenry to the Waukegan lakefront. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11326 1/20/2003 RESOLUTION#2003-3—WILLIAM BRIMM President Hartstein reviewed the many accomplishments of William Brimm over the past 25 years,after which he read the proposed resolution honoring Mr.Brimm. Moved by Johnson,seconded by Kahn,to pass Resolution#2003-3,commending William H.Brimm for 25 years of professional service to the Village of Buffalo Grove. Upon voice vote,the motion was unanimously declared carried. Mr.Brimm thanked Mr.Balling and Mr.Raysa and the entire staff and the.Board,as well as his wife,Linda,for the opportunities and support that he has been given. IEPA STORMWATER MANAGEMENT Trustee Johnson reported that the Village will be applying to the IEPA and providing an overview of our stormwater management program and strategies to reduce the discharge of pollutants from our municipal storm sewer system. As part of this required program from the IEPA,the Village will be coordinating a public information and comment meeting on Tuesday,February 4,2003 at 6:00 P.M.in the Village Hall Council Chambers. The purposes of the meeting will be: • To provide information about the Village's stormwater management plan • To provide educational information such as where residents can dispose of motor oil,white goods,household paint,construction material and more • To address the dangers of dumping into the storm sewers • To receive public comments and recommendations regarding the Village's stormwater plan. DEERFIELD/MILWAUKEE SIGN Trustee Kahn thanked staff for working with the property owner on the northwest corner of Deerfield Parkway and Milwaukee Avenue in removing the sign that advertised a new center to open in winter of 1997. WHITE PINE DITCH Trustee Berman asked staff to investigate the possibility of an engineering solution or alternative to the open ditch system that is in place for the White Pine Ditch,including what the cost would be,and whether the area could be designated as a special assessment area with the residents deciding whether or not they are willing to proceed with a different solution to their stormwater needs and whether or they would be willing to absorb the cost. RELAY FOR LIFE Trustee Berman announced that this year's Relay for Life sponsored by the American Cancer Society will be held on Friday,June 13,2003 through Saturday,June 14,2003. The event will again be coordinated by both Buffalo Grove and Stevenson High Schools,and will be held at Buffalo Grove High School. The kick-off event will be held at Buffalo Grove High School on February 10,2003 from 7:00-8:00 P.M. For further information,residents are urged to call Stacey Kelly in the Village Manager's office. PHILIP KANOLES Trustee Glover noted that Philip Kanoles,Commander of Emmerich Memorial Amvets Post 255,recently passed away. Mr.Kanoles was a long time resident of Buffalo Grove and was always very active in the community. Mr. Kanoles was one of the three Grand Marshals of the 2002 Buffalo Grove Days parade,along with a police officer and a firefighter. He also appeared before the Village Board each year to present the Police Officer of the Year award. Condolences are extended to his family and friends. 11327 1/20/2003 MUNICIPAL ELECTION The Village Clerk reported on candidates that have filed so far for the April 1,2003 municipal election;she also reminded residents that March 4,2003 is the last date to register to vote in that election,and noted that absentee ballots and in-person absentee voting will begin on March 10,2003. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of December;he then answered questions on the report. UNDERGROUND STORAGE TANK REMOVAL Mr.Balling presented an update on the removal of the underground storage tank at the Buffalo Grove Golf Club. PUBLIC HEARING-FISCAL YEAR 2003 GOLF APPROPRIATION ORDINANCE President Hartstein called the Public Hearing to order at 7:58 P.M. Mr. Anderson made a presentation to the Board,explaining the purpose of the proposed ordinance. President Hartstein asked if there were any questions from other public bodies,the audience or the Board;there were none. President Hartstein closed the Public Hearing at 8:00 P.M. PUBLIC HEARING—RIVERWALK NORTH President Hartstein called the Public Hearing to order at 8:00 P.M. President Hartstein then read from the Notice of Public Hearing published in the Daily Herald on January 4,2003. President Hartstein stated the purpose of this Public Hearing and swore in the following witnesses to give testimony: Timothy Beechick,Hamilton Partners;Dave Olsen,The Jenkins Group;Dick Mallory,The Brickman Grouop;Hugh Loftus,Cowhey Gudmundson Leder;and Michael Worthman,KLOA. Mr.Beechick gave a presentation to the Board and the audience,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. During his presentation,Mr.Beechick referred to the following exhibits: Exhibit 1 —Overall site/landscape plan Exhibit 2—Colored master plan for the development Exhibit 3—Pedestrian trail/sidewalk system Exhibit 4—Elevation diagram Exhibit 5—Multi-family option Exhibit 6—Annexation Agreement President Hartstein confirmed with Mr.Beechick that conceptually they have worked out an Annexation Agreement (Exhibit 6)with the Village of Buffalo Grove reflected in the draft dated 1/16/03 subject to further review by their attorneys Mr.Beechick stated that they believe that the multi-family will probably be the first phase,followed by either the office or the hotel;he stated that they would expect to be fully occupied within approximately ten months;he highlighted the variations requested and the reasons for those variations. 11328 1/20/2003 Even though the restaurant site is to be handled in the next Public Hearing,it was noted that the Village should be sure that,from a legal standpoint,there is every possible control over the future development of that parcel and a firm commitment that the site will be developed as a restaurant. Mr.Beechick reviewed the proposed rental rates for the property. With regard to Paragraph K,Trustee Johnson stated that he believes that it requires the petitioner to petition the Village in the event that the office building and parking structure are not commenced within five years,but the second sentence should be reworded so as not to read that the Village is required to approve it. With regard to the Milwaukee Avenue traffic signal system improvement,Mr.Beechick confirmed that they are required to coordinate all of the signalized intersections between Wolf Road and Busch Parkway,and also to fund 50%of the cost of installing a light at Johnson Drive when the road goes through at that end. Mr.Beechick reviewed the stormwater management at the north end of the property. Mr. Beechick noted that the proposed annual real estate tax benefit would be approximately$245,000 to the Village, with the total tax benefit to the community projected to be over$1,000,000. Trustee Berman confirmed that the school district is very much in favor of the proposed project. President Hartstein asked if there were any other public agencies,members of the audience or Board members wishing to make comment;there were no further comments. President Hartstein asked if the petitioner had any additional comments;there were no further comments from the petitioner. At 8:40 P.M.,President Hartstein continued the Public Hearing until the February 3,2002 Regular Meeting. PUBLIC HEARING—RIVERWALK NORTH/RESTAURANT President Hartstein called the Public Hearing to order at 8:41 P.M. and read from the Notice of Public Hearing published in the Daily Herald on January 4,2003. President Hartstein noted that the same parameters apply here as to the previous Public Hearing,and reminded the witnesses from the previous Public Hearing that they are still under oath. Mr.Beechick made a presentation,details of which are contained in the documentation presented for the previous Public Hearing. President Hartstein noted that the Public Hearing relates to the draft Annexation Agreement dated 1/17/03 and marked as Exhibit 1. It was requested that language be inserted into the draft Annexation Agreement that the petitioner is obligated to return before the Board for plan approval when a user is determined;Mr.Beechick agreed to this request. Mr.Beechick stated that Hamilton Partners is just representing the owner of the property,however,they will oversee the project to be sure that the quality of the project is consistent with what they would like to see in any of `./ their developments. Mr.Pfeil confirmed that there are no variations necessary with this proposal. President Hartstein asked if there were any other public agencies,members of the audience or Board members wishing to make comment;there were no further comments. President Hartstein asked if the petitioner had any additional comments;there were no further comments from the petitioner. At 8:58 P.M.,President Hartstein continued the Public Hearing until the February 3,2002 Regular Meeting. 11329 1/20/2003 QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on any item not listed on the agenda;there were no such requests. CONSENT AGENDA President Hartstein explained that there is no Consent Agenda at this meeting. ORDINANCE#2003-1—GOLF COURSE FUNDS Moved by Braiman,seconded by Kahn,to pass Ordinance#2003-1,establishing authorizing appropriations for the Village of Buffalo Grove Golf Club and Arboretum Golf Course Funds for the period January 1,2003 through December 31,2003 as contained in the memorandum presented by staff. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2003-2—PUBLIC HEARING ZONING DEPOSITS Moved by Berman,seconded by Glover,to pass Ordinance#2003-2,providing for the Public Hearing Zoning Deposits as reflected in the January 20,2003 staff memorandum. Mr. Balling reviewed the basis for this particular ordinance. Mr.Raysa further explained the reason for introducing this ordinance,stating that he views this as an interim ordinance until staff can come back to the Board with finalized language to be sure all instances are covered;he noted that the ordinance will not be codified at this time. The motion was amended to grant Mr.Raysa the authority to modify the language of the ordinance as he deems necessary. Trustees Berman and Glover agreed to this amendment. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2003-3—PORT CLINTON ROAD ACQUISITION Moved by Braiman,seconded by Johnson,to pass Ordinance#2003-3,authorizing acquisition of real property(Port Clinton Road Intersection Improvement)pursuant to the draft ordinance contained in Trustee packets. Mr.Balling made a presentation to the Board summarizing this project and the next ordinance on the agenda as well; he then answered questions from the Board. Trustee Berman emphasized that the Village should continue at every opportunity to pursue a negotiated settlement with the property owner in both instances. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11330 1/20/2003 ORDINANCE#2003-4—PRAIRIE ROAD INTERSECTION Moved by Braiman,seconded by Johnson,to pass Ordinance#2003-4,authorizing acquisition of real property (Prairie Road Intersection Improvement),subject to execution of the reimbursement agreement with the County of Lake. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. PRESTIGE LEASING President Hartstein recused himself from participation in this issue because his law firm has done work for the petitioner in the past. Trustee Braiman then assumed the chair and briefly explained the mechanics of the way this issue will be handled. Moved by Johnson,seconded by Kahn,to pass Ordinance#2003-5,approving rezoning from the B-1 District and R-4A District to the B-4 District for the property at 313 Dundee Road and 936 Betty Drive pursuant to the application of Prestige Leasing. Trustee Braiman noted that the Board has received information from the petitioner,the Plan Commission and a submission opposition from Dowd,Dowd&Mertes. Mr.Raysa believes that the written protest does meet the requirements of Section 17.64.040 of the Village Zoning Ordinance,thereby necessitating an affirmative 2/3 vote of the corporate authorities. Bob Kenny,Shane,Birney,Ross&Citron,representing Prestige Leasing,made a presentation to the Board asking for a favorable vote on the B-4 zoning to allow Prestige Auto Leasing on the site;he referred to several slides depicting the site;he noted that the property has been vacant for along period of time and is a difficult site to develop;this proposal will generate approximately$300,000 in sales tax;the traffic for this proposal is generated at off-peak hours. Arthur Friedman,owner of Prestige Leasing,also made a presentation to the Board urging them to approve this proposal. Dan Dowd,Dowd,Dowd&Mertes,representing a group of Betty Drive residents,made a presentation to the Board on their behalf,urging the Board to deny the request of Prestige Leasing for this site;he referred to the Plan Commission decision voting 7-1 in opposition to this proposal;he noted that the change in zoning is applicable to only 1.8 acres whereas 4 acres is the minimum required for a B-4 District; the zoning change is not consistent with the Comprehensive Plan;the subject property is being singled out for a use classification totally different from the surrounding area;and the proposed use classification would benefit only the subject property owners and would be to the detriment of the other property owners. Mr.Dowd noted that Village staff has been very helpful and very knowledgeable and very courteous,and also that the Plan Commission conducted a very thorough and professional hearing. On behalf of those that he represents,Mr.Dowd urged the Board to concur with the Plan Commission and deny the request of the petitioner. Marvin Streske,556 Parkview Terrace,President of the Covington Manor Homeowners Association,noted that there is only one ingress/egress out of their development,and this proposal would severely impact their access to their homes. Mr. Streske stated that the construction traffic has been extremely intrusive;he noted that the drivers were not at all familiar with the site and he often had to help direct this traffic. Gerald Scott,508 Parkview Terrace,President of the Coves Homeowners Association,stated that the parcel does not meet zoning requirements,and the predominant exposure of the development will be on Golfview Terrace,thereby creating hardship to the surrounding area. 11331 1/20/2003 Ruth Reynolds,367 Parkview Terrace,noted that the architecture of the proposed building is incompatible with the current surroundings. Eleanor Hesse,787 Beechwood,stated that this will be a negative economic development,and she believes that it will lower property values and take sales away from other dealers. Plan Commissioner Eric Smith recapped the Plan Commission negotiations;he noted that everyone liked the business,the businessman and the tax dollars,but it does not fit in this location and they would like to see the petitioner look for another site in the Village for this proposal. Mr.Kenny stated that the proposal is not too much for the site;the exhibits show that there is room for the development and that the site works;the north end of Golfview Terrace is not a residential street. Trustee Glover stated that she attended the Plan Commission meetings and listened to all of the testimony;she believes this is a commercial piece of property,but she cannot support the downgrade in zoning;her concerns with the B-4 zoning are the possible allowable uses in this District if this venture fails;she hates to turn away tax dollars, but she does not believe that the petitioner proved his case before the Plan Commission. Trustee Berman referred the LaSalle factors set by the Illinois Supreme Court to be taken into account when a municipality evaluates an application for a zoning change;he is very disappointed in the outcome of this project,and he believes strongly that this site should be commercial;he is very sensitive to shrinking availability of sales tax- generating property;he is concerned about need to generate sales tax revenues for this Village;he had hoped that petitioner would come through with a better plan;he would like to welcome Prestige to the community,but he cannot overturn the Plan Commission decision. Trustee Johnson does not think this building fits into the area;if there were to be a zoning change,the B-4 District allows many uses that would be worse than the current proposal;he believes that it violates overall terms of the Comprehensive Plan;he does not believe the surrounding land uses support a B-4 zoning. Trustee Kahn looks at this proposal from a different perspective;he believes Dundee Road is a commercial corridor; he believes the plan has some flaws,but if those flaws could be worked out,the plan would be a benefit to the Village as a whole. Trustee Johnson pointed out that Dundee Road is a commercial corridor,and the residents need to understand that this parcel is zoned for commercial. Temporary Chairman Braiman stated that economic development is important;he agrees that this use is less intrusive than others could be;he does not think it is a bad plan,and he does not object to the use;he recognizes that the biggest problem is that the Village would need too many protections that the B-4 District does not allow;he would ask staff to look at modifying the ordinance to look at protections in the B-4 District so that the Board can tailor a development with those protections if the Board believes that it would be an asset to the Village;in general, he believes this particular use is appropriate,but he is very concerned about the lack of protections. Trustee Berman stated that he believed that the Rohrman project was an appropriate use on the parcel proposed;this is not Rohrman,and he does not believe that this proposal works here;he urged the developer to look at another site in the Village. �./ Upon roll call,Trustees voted as follows on the motion: AYES: 1—Kahn NAYS: 5—Braiman,Glover,Berman,Johnson,Trilling Motion defeated. Temporary Chairman Braiman declared a recess from 10:26 P.M.to 10:32 P.M. 11332 1/20/2003 ORDINANCE#2003-5—WHITE HEN PANTRY Moved by Johnson,seconded by Berman,to pass Ordinance#2003-5,amending Chapter 5.20,Liquor Controls, Class D,White Hen Pantry, 1153 Arlington Heights Road,pursuant to the Village Board Meeting Agenda Item Overview prepared by Jane Olson. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2003-6—ESKAPE ENTERTAINMENT Moved by Johnson,seconded by Berman,to pass Ordinance#2003-6,amending Chapter 5.20,Liquor Controls, Class A,Eskape Entertainment Center LLC,350 McHenry Road,pursuant to the Village Board Meeting Agenda Item Overview prepared by Jane Olson. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2003-7—ETHICS Moved by Kahn,seconded by Johnson,to pass Ordinance#2003-7,amending Chapter 2.48,Ethics,of the Village of Buffalo Grove Municipal Code,pursuant to the Village Board Meeting Agenda Item Overview prepared by Mr. Brimm. Mr.Raysa reviewed the reason for the proposed ordinance. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. JEWISH FEDERATION OF METROPOLITAN CHICAGO Richard Wexler,representing the JFMC,made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Wexler then answered questions from the Board;he stated that they will meet with the neighbors;they do not anticipate being open on weekends;there will be no outdoor activities;they have no history of problems on their other sites;there will be no medical services/doctors on the site;there are no variations. Moved by Braiman,seconded by Berman,to refer the Jewish Federation of Metropolitan Chicago(JFMC),proposed Response Center, 16638 Brockman Avenue,annexation with R-1 zoning and a special use. Upon roll call,Trustees voted as follows: �./ AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. COVINGTON OFFICE PLAZA—LOT 3 Richard Bane made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Johnson,seconded by Berman,to refer the proposed office building on Lot 3,Covington Office Plaza, Dundee Road/Golfview Terrace to the Plan Commission for review,subject to receipt of application by the petitioner. 11333 1/20/2003 The Board stated that they would have preferred to see this proposal previously. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. EXECUTIVE MEETING Moved by Johnson,seconded by Kahn,to defer the planned Executive Meeting until the next available meeting. Upon voice vote,the motion was unanimously declared carried. ADJOURNMENT Moved by Berman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:58 P.M. AneeM.Sirabian,Village Clerk APPROVED BY ME THIS 7 DAY OF 3 Village President