1991-08-19 - Village Board Regular Meeting - Minutes 8174
8/19/91
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, AUGUST 19, 1991
President Sidney Mathias called the meeting to order at CALL TO ORDER
7:35 P.M. Those present stood and pledged allegiance to
the Flag.
Moved by Marienthal, seconded by Reid, to appoint Shirley CLERK PRO TEM
Bates Clerk Pro-tem for tonight's meeting. Upon roll
call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Rubin
NAYES: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
Roll call indicated the following present: President ROLL CALL
Mathias; Trustees Marienthal, Reid, Kahn, Rubin. Trustee
Braiman arrived at 8:05 P.M.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; Lee Szymborski, Assistant
Village Manager; Phil Versten, Administrative Assistant;
Robert Pfeil, Village Planner; Frank Hruby, Director of
Building & Zoning; Richard Kuenkler, Village Engineer;
Gregory Boysen, Director of Public Works; Carmen Molinaro,
Director of Golf Operations; and Joseph Tenerelli, Village
Treasurer.
Moved by Rubin, seconded by Reid, to approve the minutes APPROVAL OF MINUTES
of the August 5, 1991 Regular Meeting. Mr. Raysa
indicated that he was present at that meeting. His name
was omitted from the Roll Call. Upon roll call, Trustees
voted as follows:
AYES: 3 - Reid, Kahn, Rubin
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
ABSENT: 1 - Braiman
Motion declared carried.
Moved by Kahn, seconded by Rubin, to approve the minutes
of the August 12, 1991, Committee of the Whole Meeting.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Rubin
NAYES: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
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Mr. Tenerelli read Warrant #700. Moved by Marienthal, WARRANT #700
seconded by Reid, to approve Warrant #700 in the amount of
... $1,230,530. 17, authorizing payment of bills listed. Upon
roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Rubin
NAYES: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
President Mathias thanked Carmen Molinaro for making the EMPLOYEE GOLF
Village Employee's Golf Outing so enjoyable for all OUTING
participants.
Moved by Reid, seconded by Rubin, to appoint Lee A. Arbus, ZBA COMMISSIONER
Commissioner to fill the Zoning Board of Appeal's vacancy.
Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Rubin
NAYES: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
President Mathias introduced Mr. Arbus and welcomed him.
President Mathias read the names of the new committee BLUE RIBBON
members. Trustee Rubin expressed his appreciation to the COMMITTEE ON THE
`... Northwest Suburban Recreation Association and Mike Rylko DISABLED
for all the work they did to inform residents and
encourage applicants to work on this committee. The
Village has joined NOD, National Organization on
Disability, as a community partner with 3,000 other towns.
Moved by Rubin, seconded by Kahn, to appoint the members
if the Blue Ribbon Committee on the Disabled. Upon roll
call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Kahn, Rubin
NAYES: 0 - None
ABSENT: 1 - Braiman
Motion declared carried.
President Mathias acknowledged the members who were
present.
There were no questions on the Management Report as MANAGEMENT REPORT
submitted.
The Northwest Central Dispatch 911 Emergency Center was 911
officially opened this date, and residents are encouraged
to use it. Mr. Balling expressed appreciation to the
community and the Village Board for their support; and to
Police Chief and Fire Chief and their staffs for
contributing their input regarding the technical aspects
of the system. Six municipalities will share the
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facility. Stickers and information packets will be made
available. In November the surcharge of .75 will be
reduced to .30. The Village's non-emergency 7-digit
numbers will remain in operation and must be used from car
phones.
Mr. Balling reported that the Transportation Commission HIGHWAY 83
hosted a meeting on July 30, 1991 to discuss the proposal
to upgrade Route 83 between Arlington Heights Road and
Farrington Drive. After review of the issues, the
presentation of the entire plan has been deferred until
next Monday, August 26, 1991 at 7:30 P.M.
Since 1980, the Village of Buffalo Grove has endorsed the
widening of Route 83 between Arlington Heights Road and
Lake Cook Road. Throughout the 80's, four separate
recommendations from three different consultants have
derived the same conclusion that Buffalo Grove is part of
the regional arterial system and warranted upgrading. The
most recent study done by James Benes Associates indicated
fire lanes counting the center median as a turning lane,
were warranted from Lake Cook Road up to Route 22.
The 1991 update of the 1987 report will be presented next
Monday, August 26, 1991. the same conclusion has been
reached, that being that Route 83 should be upgraded all
the way to Route 60. Some of the Buffalo Grove segments
have already been implemented, i.e. the Sporlein
Development and the Town Center Development. The second
segment from Arlington Heights Road to Route 45 is
planned for design in 1992 with construction potentially
beginning in 1993.
The area north of Buffalo Grove through Long Grove, which
will be more costly, has been programed and funded.
The third segment, south of Lake Cook Road through
Wheeling to Willow Road, is not on the 5-year State plan,
but has been given priority by the Illinois District
Engineer from IDOT.
On Monday, August 26, specific traffic counts will be
given. Conditions have changed and new roads have been
added. It is the State's desire to proceed with design
authorization some time in October. It is the desire of
IDOT to have Buffalo Grove affirm its position on the
highway, by endorsement or rejection, and give its
comments on the design elements. Immediate funding could
be lost or jeopardized, if no decision is made before the
end of October.
President Mathias invited the residents to attend the
meeting next Monday at 7:30 P.M. when a complete
presentation of the Transportation Plan will be made. The
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1991 update has just been received and will be available
at the Village Hall for the public to review.
Mr. Richard Gertz, 1041 Belmar, made a statement for the
group of residents who are present. He presented
petitions objecting to the expansion of Route 83 between
Arlington Heights Road and Buffalo Grove Road especially
before the expansion of the surrounding roads of Route
53, Route 22 and Deerfield Road. To expand Route 83 now
before these roads in Lincolnshire, Long Grove and
Riverwoods are expanded is not logical.
Traffic studies illustrate that this portion of Route 83
is a thoroughfare to the Tri-State Tollway and not Village
traffic. Proceeding with this project now will only
provide the Village and the residents of Buffalo Grove
with more traffic, more noise pollution and numerous
safety issues. These are not benefits to the residents
for the cost of $450,000 they must pay for their portion
of the expansion.
The residents were promised a public hearing regarding the
proposed expansion of Route 83. Dates of meetings have
been constantly changed, which inhibits the residents from
being adequately informed. The residents requested the
future date of Monday, September 23 be published for a
public hearing for the purpose of informing them about
�.. this issue.
President Mathias requested the newspaper reporters to
announce the meeting of Monday, August 26, 1991. It will
be on the local cable TV station.
PUBLIC HEARING - STONE CREEK
President Mathias opened the public hearing. The petitioners were sworn
in and the public hearing notice, published August 3, 1991, was read.
Mr. Truesdell summarized their previous referral to the Plan Commission
that included annexation of the 27.5 acre parcel, rezoning to R-3 for 30
residential lots and 0 & R Zoning for an office building and a bank on
4 acres at the corner of Buffalo Grove Road and Route 83. At that time
Low they planned to sell 5 acres at the northwest corner of the site to
School District 96. The school district was expected to trade this
site with the Park District for another site in Buffalo Grove. The Park
District would use this site to expand the 53 acres they acquired to the
north.
The Park District has indicated that they would like to purchase the
entire area shown as R-3, plus 2 acres of the 0 & R District, as well as
the 5 acres, for park property. This would give the Park District a total
of 23.5 acres for expansion of the park.
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The Plan Commission reviewed the second proposal for the annexation of
the 0 & R Plan, removing the lots and seeking annexation with the R-3
{.�. zoning. Negotiations with the Park District and the School District have
proceeded contingent upon annexation and zoning of the property as being
presented at this time. The Plan Commission has recommended approval of
the zoning with certain conditions.
The DeGrazia Company has some serious concerns about the cost to expand
Buffalo Grove Road. They intend paying for the portion of Buffalo Grove
Road abutting their project, basically the frontage of the 4 acre
property being developed 0 & R. The annexation agreement provides for
the improvement of the intersection of Route 83 and Buffalo Grove Road
which they had not anticipated. Similarly they had anticipated paying
their proportionate share of the water main recapture on the 4 acre site,
not the entire 27.5 acre site since the balance of the site was not
going to be developed in any way that would utilize that system.
Mr. Balling summarized portions of the annexation agreement. It has
been written in such a way that would accommodate the Park District's
purchasing the property or not purchasing the property. Contracts
between the parties should be initialled early next week, so that
their positions regarding the acquisition should be known in advance
of the Board's review of the final ordinances, which is planned for
September 3, 1991. The issues of Buffalo Grove Road and the recapture
are the most substantial elements of the agreement.
The Village has requested that all the improvements from the north line of
�- the privately developed property, just north of the office building, south-
ward into the intersection would be a private developer project, which is
consistent with implementing the development of Buffalo Grove Road
north of Route 83. The agreement does anticipate that the Village will
fund a portion of Buffalo Grove Road that is off-site to this development
and will be owned by the Park District.
The water main recapture ordinances are written on identifiable common owner
developer tracts. The entire 28 acre Schwennesen parcel was defined as the
benefit area and the first developer in for platting pays for the
recapture. It is important to retain that funding, however, since a large
portion of this property bears a public benefit to the Park District and
they do not plan to make any water connections to this part of the property.
Because of this, it is recommended that the Village recover its full
principal of the water main payment but, recognizing that the land has no
need for assessment, the interest elements will be forgiven.
The Plan Commission requested a 28 foot maximum height be allowed for a
2 story building and that could only be achieved with the residential
architecture desired if the full second story was buried in a full mansard
roof system. The language in the annexation agreement has been structured
so they are allowed two 14-foot rentable floors plus, subject to Appearance
Commission approval, they can develop an architectural roof system that
will maintain the character of the adjoining residential properties. The
building could be as high as 40 feet.
Jerry DeGrazia summarized the basis of their negotiations with the Park
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District and how they arrived at the fair share amount that his company is
proposing. The DeGrazia Company will pay for the water main recapture
`„m, principal and a Buffalo Grove Road improvement amount of $133,000 totalling
approximately $175,000 for a 4-acre parcel of land. The value of the
street goes far beyond the impact the proposed development will have upon
the road.
The difference between what the Village wants and what their fair share
amounts to is approximately $222,000 vs $175,000. He asked the Village's
help by picking up the cost of engineering plans and reduction of the
recapture amount. This will enable them to have a positive development
and make a profit.
Trustee Rubin asked if the purchase price of the entire parcel including
the 4 acres was discussed? Mr. DeGrazia responded that when they discussed
this, the Park District did not think they could afford the additional
4 acres, because the price would have to reflect the market value of the
site.
Trustee Rubin noted that there is no height limitation on the bank
building in the draft agreement. He noted that the height should be limited
to one-story.
Trustee Braiman noted that the annexation agreement stated that no trees
are to be removed without the review of the Village Forester, but it should
state "without the approval of the Village Forester."
Trustee Braiman asked whether this is a concept plan or a preliminary
plan? Mr. DeGrazia replied they anticipate approval of the bank, but they
do have to come back with a preliminary plan.
There were no comments or questions from public agencies.
Plan Commissioner Dusty Rhodes commented that the Commissioner's
interpretation is that the 2-story building would not exceed 34 to 36 feet.
Trustee Braiman recalled the discussion included the limitation to be
approximately the same height as the Cherbourg buildings.
Mr. Pfeil estimated that Cherbourg townhomes are approximately 26 feet
in height.
l Mr. Balling added that it would not be possible to achieve the residential
v look for two leasable stories within that height because the ceilings would
have to be higher and the mechanical requirements are greater. It would
be possible with a mansard dormer.
Mr. DeGrazia stated they want the building mass to be in proportion to the
roof and they can probably do this with a 36 foot height.
Trustee Reid agreed that 28 feet is not reasonable, but 42-45 feet is not
acceptable. A mansard roof would be more compatible with Cherbourg than
`•-- a roof with sharp peaks.
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Mr. Truesdell referred to the conceptural drawing showing a 40 foot
setback with a dense tree area, with trees ranging up to 50 feet making
6„_, it difficult to see the building in the summertime.
Mr. Ron Blumenthal, Wildflower Circle, expressed disappointment with the
notice that is given to residents regarding this project. He was
present two weeks ago when the Plan Commission voted against this project.
He was led to believe by the Plan Commission that this project would not
come up again for a vote at this time (August 19, 1991) . Two weeks ago,
there were about 10 people against the project and only one person in
favor of it. The main concern was the height and the consensus was that
the building should not be higher than Cherbourg.
Mrs. McClellen, Alsase Circle, asked how many parking spaces there would
be for a 2-story building. Mr. Truesdell answered that 1 parking space
is required for every 300 square feet of office space, so the final number
of spaces would be determined by the size of the building.
Don Hedlund, Park District Commissioner, confirmed that they are still
negotiating with Mr. DeGrazia to purchase the acreage north of the complex.
They agree another housing development is not needed. The Village wants
additional open space. The open space will help the transportation
problems and will benefit the whole community.
President Mathias said the Board would address the issues of the cost of
the road and the water main; and the height of the building.
�..- Trustee Reid commented that height is not specified on the documents and
he suggested 36 feet would be acceptable. He said 42 feet is not acceptable
to him.
Mr. Raysa said there are safeguards on page 4, paragraph 3. The developer
is required to design the building to be compatible with the adjacent
residential structures. The current language does give the Village some
authority as far as the aesthetics are concerned. The language could be
tightened up if the Board so desires.
Trustee Kahn agreed the language should be tightened up, but he would not
want to limit the aesthetic quality of the building. He proposed waiting
until the building is presented and the visual impact is demonstrated.
The language could be drafted to protect the Village and the Cherbourg
residents.
Plan Commissioner Charlette indicated that the only design presented at
the Plan Commission hearing was the 3-story building. He was under the
impression that only the annexation agreement is being considered. He
questioned whether the building would have to be approved by the Plan
Commission or would it only be reviewed by the Appearance Commission.
Mr. Raysa responded that the Plan Commission can ask to see renderings,
but the actual elevations would be subject to Appearance Commission review
and recommendation to the Board.
Trustee Reid said he would prefer to tighten up the language to read, "the
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height shall not exceed 36 feet", and if they cannot meet that stipulation,
they would have to come back to the Baord.
President Mathias suggested it could read: not to exceed 36 feet without
Village Board approval. This was acceptable.
Plan Commissioner Genell stated part of the Plan Commission motion to
accept Mr. DeGrazia's 0 & R request limited the height of the proposed
office building to 28 feet or 14 feet per floor.
President Mathias polled the Board. "YES" indicates the annexation
agreement should contain a height limitation, not to exceed 36 feet without
further Village Baord approval. "NO" indicates some other language should
be used.
YES: 4 - Marienthal, Reid, Rubin, Braiman
NO: 1 - Kahn
President Mathias polled the Board. "YES" indicates the language regarding
the water main recapture should be kept as currently in the agreement
(that being the developer shall pay the full principal) . "NO" indicates
other language should be incorporated:
YES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman
NO: 0 - None
President Mathias polled the Board regarding the road improvements. The
�••- annexation agreement states that road improvements would be paid for by
the developer from the intersection of Route 83 to the north line of the
privatley owned property. "YES" indicates agreement with that concept.
"NO" indicates disagreement. Discussion followed.
Mr. DeGrazia stated his position of being willing to pick up the cost of
the intersection or 41% of the cost. The Park District would pick up the
remainder of the property.
President Mathias recalled the original discussion with the Board included
the improvements of the entire length of Buffalo Grove Road. This would
be a considerable reduction of that cost.
Mr. DeGrazia responded the original proposal was for development of
subdivision. The difference is that they have given up the opportunity
to sell the land at market value through joint venture. They have agreed
to sell the property to th Park District at a 30% reduction in price.
He asked the Board to consider helping in this area. They may not be able
to develop the 0 & R until the market starts to come back. There is some
risk on their part.
Mr. Balling said practically speaking, that is an option, but when they
come back with a preliminary plan, the Village will probably prioritize
the road and say it has to be done as a Phase I improvement.
Mr. DeGrazia repeated this opinion that this would be an unnecessary
burden because they have reduced the price of the land based on the fact
that they would only have to build their fair share. They held that
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price throughout the process in spite of the fact that the Park District
decided several times not to buy the property.
L_
Trustee Rubin asked Mr. DeGrazia for the exact figure he is proposing?
Mr. DeGrazia said the original cost of his share come to $148,000. The
Village proposal right now is $221,000, including the water main recapture.
He is willing to split the difference and bring his total proposal for
both the road and the water main recapture up to $175,000.
Mr. Balling said Mr. DeGRazia has been told that he has an obligation to
develop what is adjacent to his property and he needs a permit from the
State to do it. This includes whatever the State required for Buffalo
Grove Road and Route 83. For the convenience of the Buffalo Grove
motorists, the Village will extend that additional lane adjacent to the
park property at an estimated cost of $100,000.
Trustee Reid objected to discussing numbers that are not incorporated
into the annexation agreement.
President Mathias took a polling of the Board. "YES" means to approve the
annexation agreement as it is written with regard to Buffalo Grove Road
being paid for by the developer, with all improvements, up to the private
ownership of the property. "NO" would warrant Staff to renegotiate with
the developer and make changes to the document before the next Board meeting.
YES: Marienthal, Reid, Kahn, Rubin
NO: Braiman
Trustee Braiman inquired whether the Park District can afford to purchase
the entire parcel including the 4 acres? Mr. Hedlund replied that they
cannot afford to purchase the entire parcel.
Mr. Heinrich expressed the opinion that the Board should withhold a
decision until after a definitive agreement with the Park District sale
is completed, because if the Village accepts the proposed R-3 zoning, a
value will be effectively placed on it.
Mr. Shaw, attorney for the developer, said they have reached an agreement
with the Park District, based on the new time limitations established in
Springfield. The sale is contingent upon the Village's approval of the
annexation agreement. The developer must have some assurance that the
residual value of the property, based on 0 & R Zoning, can be preserved.
This is only a concept plan, with no guarantees that the project will ever
be developed.
The School District is meeting tonight and it is expected that they will
sign the contract agreement. The DeGrazia Company has every intention of
going through with the contract agreements with the Park and School
Districts. If this agreement is not finalized by the next Board meeting,
the Park District will not be able to attain their bonds and their
1 funding, and the project will have to be dropped. They are satisfied
with the plans that have been made and want to have them finalized.
Mr. Hedlund confirmed that it is his understanding that the agreement to
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purchase the property is being finalized, and a vote could be taken at
the next meeting, August 26, 1991.
L..
Mr. Shaw said John Sullivan, attorney representing the Park District
requested some changes and the document has been resubmitted.
Mr. Raysa indicated the developer knows the Village wants to see the
executed contracts prior to September 3, 1991.
Plan Commissioner Marty Silbernik said the Park District does not
require the balance of the parcel to be zoned R-3. He suggested that
the Board could consider only the 0 & R zoning for DeGRazia's proposed
development.
Mr. Shaw said the Park District may not be able to consumate the
transaction because of the tight timetables and the aspects of the
external market that may preclude their raising the funds. Without
the fall back protection of generalized R-3 zoning. The DeGrazia
Company would be left with an unzoned annexed piece of property. This
would make the annexation totally unfeasible and they would never permit
this to take place. They must have the R-3 Zoning in order for them
to fall back upon their original proposal.
Trustee Marienthal commented that the entire discussion about the zoning,
etc, is moat. This is a public hearing and only concepts should be
discussed to give Staff direction in putting the annexation agreement into
final form.
The Park and School Districts have been working diligently and will
complete their agreements prior to the Village Board's consideration and
voting on the annexation agreement.
Trustee Braiman commented that the Board has previously agreed that R-3
is the most appropriate and beneficial zoning to the Village.
President Mathias continued the public hearing to September 3, 1991.
Rick Kruger, 2204 Magnolia Court West took possession ZALE GROUP
of his house in April, 1989 and Zale Corporation has still
not completed his house. He was directed by the Zoning
Department to contact The Zale Group. This was done in
late June and he came to the Village Board meeting early
in July. He has not heard from Zale since that time.
President Mathias acknowledged that other homeowners have
been before the Board and it is his understanding that
Zale has been completing the work. He asked Mr. Hruby if
he is aware of Mr. Kruger's problems.
Mr. Hruby responded that Mr. Kruger was asked to submit a
letter stating his position and listing the items not
completed. There has been correspondence with The Zale
i-- Group outlining the deficiencies and requesting an answer.
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President Mathias said he has personally met with Mr. Zale
to discuss this matter. Mr. Zale apologized to the Board
for the lack of diligence on his part in getting the
corrections done in a timely fashion. It is President
Mathias' understanding that the work is being completed
and he trusts that the Building Department will follow
through and cooperate with Mr. Kruger to see that the
problems are corrected.
Trustee Rubin commented that problems with home
construction are a resident's personal problem and the
Trustees got involved because of the number of people that
came before the Village Board. Correspondence has been
received from several of these homeowners stating they are
satisfied with what Staff has been doing to resolve this
problem. Legally, a breach of contract is between the
purchaser and the builder.
President Mathias explained the Consent Agenda, stating CONSENT AGENDA
that any member of the audience or the Board could request
that an item be removed for full discussion.
Trustee Rubin stated he would abstain from voting on Items
J and L because of conflict of interest.
Trustee Braiman asked Items G, H, I, J, and K (all
Appearance Commission recommendations) be removed from the
Consent Agenda.
Items G through K will be discussed at the end of the meeting.
Moved by Kahn, seconded by Reid, to pass Ordinance #91-72, ORDINANCE #91-72
Authorizing the Disposal of Surplus Village Personal (Surplus Property)
Property. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
Moved by Kahn, seconded by Reid, to pass Ordinance #91-73, ORDINANCE #91-73
Amending Title 10 of the Municipal Code Designing the Area (Amend Title 10)
between Commerce Court and Williams Avenue for Emergency
Vehicles Only. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
Moved by Kahn, seconded by Reid, to pass Ordinance #91-74, ORDINANCE #91-74
Relieving the U.S. Postal Service from Compliance to the (Post Office)
Town Center PUD ordinance and amendments thereto. Upon
roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
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Moved by Kahn, seconded by Reid, to pass Resolution RESOLUTION #91-66
#91-66, Adopting an Agreement Concerning the Installation, (Folding Stop
Operation and Maintenance of Folding Stop Signs at Various Signs)
Intersections in Lake County. Upon roll call, Trustees
voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
Moved by Kahn, seconded by Reid, to approve a Bike Path POST OFFICE
Plat of Easement and an Indemnification and Maintenance (Plat of Easement &
Agreement with the U.S. Postal Services. Upon roll call, Agreement)
Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
Moved by Kahn, seconded by Reid, to Authorize the Bid - TREE REPLACEMENT
1991 Parkway Tree Replacement Program. Upon roll call, (Authorize bid)
Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
`... Moved by Kahn, seconded by Reid, to Approve the Fee Waiver ROTARY CLUB RAFFLE
for Buffalo Grove Rotary Club raffle during Buffalo Grove (Fee Waiver)
Days. Upon roll call, Trustees voted as follows:
AYES: 4 - Marienthal, Reid, Braiman, Kahn
NAYES: 0 - None
ABSTAIN: 1 - Rubin
Motion declared carried.
Mr. Balling gave a summary of the resolution, details of RESOLUTION #91-67
which are contained in Mr. Boysen's memo of August 15, (B.G. Golf Course
1991. The existing manually operated system is the Irrigation System)
original irrigation system and needs to be replaced. This
year's drought has caused additional problems with
portions of the course. The new design will be started
this year and completed next spring. Funding will come
from the operation of the course. Corporate participation
is not anticipated, but there could be some short term
borrowing.
Trustee Braiman asked if the course will have to be torn
up in order to establish the system.
Carmen Molinaro said there would be very little disruption
of play because the new system will be located on the
L-- sides of the fairway. This is the main investment for the
golf course and should last for 20 years.
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Moved by Rubin, seconded by Braiman to pass Resolution
i #91-67, Approving an Agreement for Irrigation Design
L.. Services for the Buffalo Grove Golf Club Irrigation
System. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
Mr. Balling described the proposed roof system and said it RESOLUTION #91-68
is a better system than is being removed. It is a seamless (Fire Station #25
vinyl roof and is the same type that was used on the reroofing)
Village Hall and the Public Works Building. The best roof
system would be a pitched roof system and would more than
double the cost. The proposed roof is a quality system
and it is adequate.
Moved by Rubin, seconded by Kahn, to pass Resolution
#91-68, Approving an Agreement for Architectural Design
Services for Reroofing and Replacing HVAC Equipment at
Fire STation #25.
Trustee Reid questioned what guarantee would the new roof
have. Mr. Boysen said the roof would come with a 25 year
guarantee. This is made a part of the purchase bids and is
secured by a policy.
i�.,... The original roof, put on in 1974, is gravel and tar. Mr.
Boysen said that a new roof like that would have about a 5
year guarantee.
Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
Mr. Balling explained this is the second phase of the RESOLUTION #91-69
comprehensive water program. The project has been (Agreement for
designed by Strand Associates and is consistent with the Engineering
design of Reservoir #7. The new pumping station is Services)
expected to increase the available water capacity.
Moved by Rubin, seconded by Reid, to pass Resolution
#91-69, Approving an Agreement for Engineering Services
for Reservoir #2 New Pump House Construction and Wellhouse
Renovation. Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Kahn
NAYES: 0 - None
Motion declared carried.
•— The petitioners, Kenneth and Marisa Duke, 4 Belaire Court; ZBA APPEAL
and the objectors, Francis Schuster, 5 Belaire Court and (4 Belaire Ct)
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8/19/91
Karen Uhren, 760 Bernard Drive, were sworn in.
President Mathias reviewed the 10 foot variance that was
granted for the purpose of constructing an addition at the
rear of the house.
Mr. Schuster stated his concern is because the addition is
proposed for the smallest part of the yard and will be
very obstructive to their view from the second floor
windows and their deck. He said he has hoped to extend
his deck. He expressed doubt that hardship was
established. The original addition was to be 20 feet, but
this was extended to 26 feet at the second ZBA meeting.
The requirement to direct the water toward the front of
the house would require a large downspout to be located
near the common lot line and this would not be
aesthetically pleasing to see.
Mr. Schuster's third objection was to the extension of the
garage out toward the front of the lot. All the houses on
the cul-de-sac have garages that are setback about the
same distance and the Duke's garage would be out of
trajectory.
Mrs. Uhren stated her objection to the addition is because
it will affect the drainage on her lot which is directly
L.. to the rear. The greater amount of ground coverage will
make her lot flood more.
Mrs. Uhren cited the Village Engineer's Review, dated July
11, 1991, states that ". . . the proposed addition will not
alter the existing drainage pattern." The matter was
tabled to permit further study of the drainage and Mrs.
Uhren does not think this had been done.
Mr. Duke responded to the objections. The view from the
Schuster's front window is obstructed by a 60 foot maple
tree. The proposed addition will cover 2 feet less than
the existing concrete patio and will therefore not cause
any more water to run off toward the rear. The reason they
increased the with of the addition was to replace the
space that will be lost by the removal of the storage
shed. The new plans were brought to the ZBA meeting on
July 16, 1991 and all the parties were permitted to look
at them. The variance of ten feet into the rear yard
setback remains the same.
Richard Kuenkler, Village Engineer stated he looked at the
new plans on July 16, 1991. He did not submit a new
written report because his opinion did not change. The
addition will not alter the existing drainage pattern.
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8/19/91
ZBA Chairman Richard Heinrich said questions about the
` drainage were raised at the June 18, 1991 ZBA meeting.
L... Mr. Kuenkler was asked to attend the July 16 meeting and
he testified that the addition will not cause additional
drainage problems. Mr. Kuenkler recommended channeling
all the water away from the rear of the house. The ZBA
1 Commissioners made this a condition of the variance as
v well as removal of the shed and A/C pad. Another unusual
condition is that no wood deck or concrete patio can be
added without ZBA approval. Because all the residents in
the area have contributed to the flooding problem by
filling in the swale, it is the opinion of the ZBA
Commissioners that the addition will not exacerbate the
flooding problem. The addition toward the front is
permissible under the zoning ordinance and does not
require a variance. With the removal of the shed from the
rear lot line, the drainage may be improved. The addition
will look better than the shed.
Mr. Schuster said the Duke's lot is large enough to relocate the
shed and they would not have to increase the size of the
addition. Other floor plans that could be built were
rejected. In his opinion, sufficient hardship was not
established.
Trustee Kahn asked if the ZBA Commissioners determined the
Dukes had demonstrated proof of hardship.
Chairman Heinrich indicated that other floor plans were
not considered feasible because the addition would be off
to the side of the house and would not satisfy the Duke's
living requirements. They would be better off selling the
house. The economic issue (cost of moving vs.
constructing an addition) is consistently taken by the ZBA
as significant grounds for hardship.
Trustee Reid commented that the shed that is to be removed
appears to be in the easement and would be in violation of
the code. Over the years, the easements in this area have
been abused. It might be possible to do something to
restore the original drainage pattern. He suggested that
Staff assess the situation and seek removal of any
obstructions in the easement. The Engineering Department
should be directed to reevaluate the situation and
recommend ways to reestablish a properly functioning
easement.
Mr. Kuenkler said that the easement contains gardens,
landscaping, fencing, hedges and changes in the grading.
A lot of this would have to be undone in order for the
swale to be reestablished.
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8/19/91
Mr. Raysa informed the Board that to modify or overrule a
L.. ZBA decision, the ordinance calls for a majority of the
corporate authorities. With the current make-up of the
Board, the vote would have to be 4 out of 6. He outlined
the criteria that must be met for a variance to be
granted. See Findings of Fact, Sec. V:
a. The plight of the owner is due to unique
circumstances.
b. The proposed variation will not alter the
essential character of the neighborhood.
Trustee Reid commented that the essential character has
been altered and he would hesitate to compound the
problem.
Trustee Rubin asked if similar variances have been granted
on cul-de-sacs?
Mr. Heinrich could not be specific, but commented that
this is very common addition to the Levitt homes. It is
typical of the ranch style, where the garage is sometimes
extended and the rear expanded, depending on the
petitioners' ability to pay.
Mr. Schuster agreed this is a normal type of addition, but
the lot is not typical.
Mr. Raysa explained the options of the Village Baord. It
can approve, overrule or modify the ZBA decision. If the
corporate authorities overrule or modify the ZBA decision,
it will require a majority vote of the corporate
authorities then holding office. The distinction being
that to approve the ZBA decision requires a majority vote
of the corporate authorities, then present. In the case
of a tie, the Village President may vote. He recommended
a positive motion to approve the ZBA decision granting the
variance.
Moved by Kahn, seconded by Rubin, to uphold the ZBA
decision.
Trustee Kahn said he walked the property with Mr. Hruby
and with the Dukes. He has not reviewed the plans and
does not know the costs involved, but he is familiar with
the work of the contractor. He expressed difficulty in
overturning a ZBA decision when two meetings were given to
discussion of th situation. It is their responsibility to
make fair decisions. It seems evident that the Dukes want
to remain in the neighborhood.
j Trustee Marienthal commented that he finds it difficult to
allow the structure to extend toward the rear when there
is space available off to the side, but no costs have been
8190
8/19/91
established associated with this alternative. With the
problems that have occurred in this area, he would like to
... see a report form Mr. Kuenkler, in reference to what other
items could be eliminated from the easement to alleviate
the drainage problems.
Trustee Braiman said he has difficulty with permitting the
reduction of the setback by 1/3. Building setbacks are
established for a purpose and 10 feet is a substantial
difference especially on a cul-de-sac. He questioned
whether hardship has been established.
Upon roll call, Trustees voted as follows:
AYES: 2 - Kahn, Rubin
NAYES: 3 - Marienthal, Reid, Braiman
Motion to uphold the ZBA decision failed.
Moved by Rubin, seconded by Marienthal, to overrule the ZBA
decision. Upon roll call, Trustees voted as follows:
AYES: 3 - Marienthal, Reid, Braiman
NAYES: 3 - Kahn, Rubin, Mathias
Mr. Raysa confirmed that because the motion to reverse
the ZBA decision has failed, therefore the ZBA decision is
upheld.
Mr. Balling said the Village will follow up on the Board's
request to provide a report on the drainage situation.
Mr. Balling introduced the proposed annexation of WINCHESTER ESTATES
Winchester Estates Townhomes, details of which are
contained in Mr. Pfeil's memo to Mr. Balling dated August
15, 1991.
David Hoffman, President of the Red Seal Development
Corporation described the concept plan for attached single
family homes. Similar communities have been built in
Northbrook. There will be 3 and 4 unit buildings, each
with 3 different types of units, appealing to different
areas of th marketplace. They are seeking annexation and
rezoning to R-8, multi-family.
The land is 11.4 acres and they are proposing 70 units,
with a density of 6.14 units per acre. There is a large
water feature which acts as both water retention and a
buffer from Route 83. There will be no openings out to
Route 83. Bank Lane will be used for ingress and egress
to the site. Secondary access for emergency fire lane
will be an internal circular path, plus a short
cul-de-sac. Perimeter of the property has a 35 foot
setback.
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8/19/91
Trustee Marienthal asked the price range. Mr. Hoffman
replied that they hope to offer the smallest units for
$180,000-$190,000; the larger units would not be under
$200,000.
Trustee Reid asked who would be responsible for
maintenance of the water feature? Mr. Hoffman said the
development will be the responsibility of the developer
and ongoing maintenance would be the responsibliity of the
homeowner's association, which will be created by
declaration and approved by corporate authority and will
run with the land.
Trustee Reid informed Mr. Hoffman that the sign depicted
on the plan is not included in the referral of the plan.
There are other signs on the corner of Route 83 and Bank
Lane.
Trustee Reid commented that the proposed berming along
Route 83 and Bank Lane would be advantageous, but it
eliminates the backyards of almost 1/3 of the residents.
Mr. Hoffman was made aware of this concern by Mr. Pfeil's
report and he said they will fine tune the lots as they
proceed to give the purchasers adequate indoor outdoor
living amenities.
Trustee Reid asked if Woodstone has agreed to permit the
fire lane to be connected to their property, and is the
road width of 27 feet acceptable?
Mr. Hoffman indicated that Woodstone was not contacted
because this concept plan has been recommended. If the 27
foot road width is not acceptable they will comply with
Village standards, but will request that modification of
the sewer and water improvements be permitted to be done
by easement in a way that has been done before.
The Board was polled to determine if the plan should be
referred to the Plan Commission.
AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman
NAYES: 0 - None
President Mathias directed the petitioner to proceed
taking into consideration the comments of the Trustees.
Trustee Braiman said he asked for Items G, H, I, K to be APPEARANCE
withdrawn from the Consent Agenda because the packet did COMMISSION CONSENT
not include drawings of these signs. AGENDA ITEMS
Moved by Braiman, seconded by Reid, to table Consent Items
'-- G, H, I, K. Upon roll call, Trustees voted as follows:
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8/19/91
AYES: 3 - Reid, Rubin, Braiman
NAYES: 2 - Marienthal, Kahn
�... Motion declared carried.
Moved by Braiman, seconded by Reid, to table Consent Item
J. Upon roll call, Trustees voted as follows:
`✓ AYES: 3 - Reid, Braiman, President Mathias
NAYES: 2 - Marienthal, Kahn
ABSTAIN: 1 - Rubin
Motion declared carried.
These items will be deferred until September 3, 1991 and
copies of the Appearance Commission's signage
recommendations are to be included in future Board
packets.
Mr. Balling said it is possible that the temporary signs
are already up because once the Appearance Commission
approves them, they are permitted because of their
marketing value. They will be con-conforming until they
are approved.
Moved by Kahn, seconded by Reid, to adjourn. Upon voice ADJOURNMENT
vote, the motion was unanimously declared carried. The
meeting was adjourned at 10:30 P.M.
Shirley Bates, erk Pro-tem
APPROVED BY ME THIS
DAY OF
Village ident