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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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