1983-10-03 - Village Board Regular Meeting - Minutes 6285
10/3/83
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, OCTOBER 3, 1983.
President Clayton called the meeting to order at 7:34 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton, ROLL CALL
Trustees Marienthal , Stone, Hartstein, Glover and Reid. Trustee
O'Reilly was absent. Also present were: James Doyle, Assistant
Village Manager; William Raysa, Village Attorney; Gregory Boysen,
Director of Public Works; Richard Kuenkler, Village Engineer;
and Paul Kochendorfer, Village Treasurer. Mr. Balling and Mr.
Brimm arrived at 8:35 P.M.
Moved by Marienthal , seconded by Reid, to approve the minutes APPROVAL OF
of the September 19, 1983 Regular Meeting. Upon roll call , MINUTES
Trustees voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES: 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried .
Mr. Kochendorfer read Warrant #511 . Moved by Hartstein, WARRANT #511
seconded by Reid, to approve Warrant #511 in the amount of
$523,738.80, authorizing payment of bills listed. Upon roll
call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES : 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
President Clayton appointed Sidney Mathias to the Zoning Board ZBA APPOINTMENT
of Appeals for a term to expire April 30, 1985. Moved by
Hartstein, seconded by Reid , to concur with President Clayton 's
appointment. Upon voice vote, the motion was unanimously
declared carried. President Clayton introduced Mr. Mathias
to the Board, and thanked him for his willingness to serve
the Village.
Trustee Hartstein asked that the press note that the last date VOTER
to register to vote in the November 8, 1983 election is REGISTRATION
October 11 , 1983.
Trustee Hartstein encouraged the Board to go on record and RTA
encourage members of the State Legislature to strongly consider
the proposal put before them by the suburban mayors as a
compromise proposal dealing with the restructuring of the
RTA; he asked that, if there is consensus on the Board , this
be done by letter to the State Senators. There was no objection
from Board members. President Clayton noted that this refers
to HB 1805.
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Trustee Hartstein noted that the Supreme Court today upheld GUN CONTROL
the Morton Grove gun control ordinance; in view of same, Trustee
Hartstein asked for input from all Board members as to whether or
not they would be receptive to any types of legislation at the
local level .
President Clayton noted that Mr. Balling will be late this ACTING VILLAGE
evening, and Mr. Doyle will be Acting Village Manager until MANAGER
v Mr. Balling's arrival .
President Clayton asked if there were any questions from the QUESTIONS FROM
audience. There were none. THE AUDIENCE
President Clayton explained the Consent Agenda, and stated that CONSENT AGENDA
any member of the Board or the audience could request that an
item be removed for full discussion. There were no such requests.
Moved by Stone, seconded by Glover, to approve Resolution RESOLUTION
#83-36, a resolution providing for the retirement of certain #83-36
municipal indebtedness by the use of Motor Fuel Tax Funds. (MFT -1982-A
This resolution is required in order to expend $60,000 from general
the Motor Fuel Tax Fund for 1983 debt service requirements obligation
of the 1982-A general obligation bonds issued for street bonds)
reconstruction as previously directed by the Village Board.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES : 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to approve Resolution RESOLUTION
#83-37, a resolution accepting an Agreement to Provide Snow #83-37
and Ice Control Service to Township Streets During the Winter (Snow & Ice
of 1983-1984 and an Agreement of Indemnity. Upon roll call , Control)
Trustees voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES: 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried.
President Clayton proclaimed the week of October 16, 1983, as PROCLAMATION
Junior Club Woman Week in Buffalo Grove. Moved by Stone, (Jr. Club Woman
seconded by Glover, to concur with President Clayton 's proclama- Week)
tion. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
President Clayton proclaimed the week of October 16-23, 1983 as PROCLAMATION
National Lupus Week in Buffalo Grove, Moved by Stone, seconded (National Lupus
by Glover, to concur with President Clayton 's proclamation. Week)
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES : 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
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President Clayton proclaimed Monday, October 31 , 1983, between PROCLAMATION
the hours of 3:00 P.M. and 6:00 P.M. as Trick or Treat Day in (Trick or Treat) 1
Buffalo Grove. Moved by Stone, seconded by Glover, to concur
with President Clayton 's proclamation. Upon roll call , Trustees
voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein , Glover, Reid
NAPES: 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to refer to the Plan ANNEXATION
Commission the annexation corridor (Freedman and Commonwealth CORRIDOR
Edison Company) . This item has been placed on the consent (Referral
agenda pursuant to the direction of the Village Board. Upon to Plan
roll call , Trustees voted as follows: Commission)
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES : 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to refer to the Plan THE CORPORATE
Commission The Corporate Grove (Santucci Property) . This GROVE (Plan
item has been placed on the consent agenda pursuant to the Commission
direction of the Village Board. Upon roll call , Trustees Referral -
voted as follows: Santucci Property,
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES: 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to approve the Appearance APPEARANCE
Commission Recommendation reference Lexington-in-the-Park; COMMISSION
elevation change. The Appearance Commission recommends RECOMMENDATION
approval of this change to the subject project. Upon roll (Lexington-in-
call , Trustees voted as follows: the-Park)
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES: 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to approve the Appearance APPEARANCE
Commission Recommendation reference Wag's Restaurant; COMMISSION
architecture, materials, lighting, and landscaping. The RECOMMENDATION
9 9�
Appearance Commission recommends approval of these aesthetic (-Wag's)
elements of the subject project. Upon roll call , Trustees
voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES : 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
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Moved by Stone, seconded by Glover, to approve the Appearance APPEARANCE
Commission Recommendation reference James Paulus Co. , COMMISSION
architecture, materials, lighting, and landscaping. The
Appearance Commission recommends approval of these aesthetic (James Paulus
elements of the subject project. Upon roll call , Trustees Co.)
voted as follows:
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to approve the Site B.G. COMMERCE
Improvement Agreement, Buffalo Grove Commerce Center, Lots CENTERTSite^
18 and 19. The Village Engineer recommends approval of the Improvement
Site Improvement Agreement subject to receipt of financial Agreement)
security in the amount of $45,038.60. Upon roll call , Trustees
voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Stone, seconded by Glover, to approve the Wag's WAG'S
Restaurant Plat of Resubdivision. The Village Engineer RESTAURANT
recommends approval of the project subject to Board (Plat of Re-
approval of the Development Improvement Agreement, receipt Subdivision)
of financial security in the amount of $30,492.25, and IEPA
approval of the relocated sanitary sewer. Upon roll call ,
Trustees voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES : 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
Moved by Hartstein, seconded by Stone, to table the proposed SPEED
ordinance amending Article VI , Speed Restrictions, of RESTRICTIONS
Chapter BG-11 of Title 10 of the Village of Buffalo Grove
Municipal Code. Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES : 0 - None
ABSENT: 1 - O' Reilly
Motion declared carried.
Mr. Doyle explained Resolution #83-38. Moved by Marienthal , RESOLUTION
seconded by Hartstein, to pass Resolution #83-38, approving #83-38
conveyance of real property to Buffalo Grove Park District (Conveyance
(Outlot A in Block 7 of Highland Point Unit #4) . Mr. Raysa to Park Dist.
stated that, to his knowledge, the Park District has not agreed Highland Point
to a reverter. Upon roll call , Trustees voted as follows: Unit #4)
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAPES: 0 - None
ABSENT: 1 - O'Reilly
Motion declared carried.
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Moved by Stone, seconded by Reid, to approve the Warner-Amex WARNER-AMEX
request for a reduction of their Performance Bond. Upon roll PERFORMANCE
call , Trustees voted as follows : BOND
AYES : 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES: 0 - done
ABSENT: 1 - O'Reilly
Motion declared carried.
Trustee Stone referred to information contained in the Board SPOERLEIN FARM
�•J packets , including the 5 items in Mr. Kuenkler's memo to Mr. (Phase I)
Balling of September 23, 1983; he also referred to the payment
of fees, which have not been made as yet, which is our policy.
Mr. Mastandrea stated that the plat will be recorded tomorrow,
and the fees will be paid on Wednesday.
Mr. Raysa stated that it is normal procedure that Mr. Kuenkler
will only give a developer our draft , but not the Letter of
Credit . Mr. Raysa read from the Letter of Credit: "It is
hereby agreed that the amount of this Letter of Credit will be
reduced as the Village of Buffalo Grove approves installed
developmental improvements in Phase I of the subject property."
Mr. Raysa does not want this sentence in the Letter of Credit.
Mr. Mastandrea stated that, if there is a problem, that can be
changed. Mr. Raysa stated that the Board 's policy is stated on
Page 23, Section 16.20. 130, Subparagraph B of the Development
Ordinance. Mr. Raysa stated that the Development Ordinance
also calls for payment of fees at the time of application
before the approval of the subdivision plat; he stated that
the Village's recourse would be not to issue a building permit.
Mr. Raysa stated that he can accept the letter of October 3,
1983, but he cannot accept the Letter of Credit.
Trustee Stone asked if Mr. Mastandrea would be willing to
reconsider the phasing and change the commercial in Phase I .
Mr. Mastandrea stated that he could not change the phasing at
this point in the project. Mr. Kuenkler stated that the
developer has an agreement with the Village to build right
and left-turn bays at each of the two intersections with
Route 83; however, the State is requiring that the highway
be 4 lanes. There was discussion on the office space on
Dundee Road which Mr. Mastandrea has had approved, but has
not yet built. Trustee Hartstein stated that he shares Trustee
Stone's concerns, but he thinks that the Village entered into an
Annexation Agreement in good faith, and despite his desire to see
the commercial phase move ahead quicker, he thinks it is unfair
for the Village Board to change the rules in the middle of the
game.
Moved by Hartstein, seconded by Reid, to approve the Final
Plat of Subdivision , Spoerlein Farm, Phase I .
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Trustee Stone pointed out that we have a Letter of Credit
which is unacceptable to the Village Attorney, and that we
would be setting a precedent by allowing approval of this
development without the payment of fees. Trustee Marienthal
requested an Executive Session for possible litigation.
Trustee Hartstein amended the motion that approval be subject
to delivery of a Letter of Credit which is acceptable to the
Village Attorney; Trustee Reid seconded the amendment. Mr.
Raysa stated that the main motion takes precedence over the
request for an Executive Session. Mr. Raysa stated that the
plat will not be released for recording until a new Letter
of Credit is Received; he also noted that, in the letter from
the First National Bank of Elgin , the word should be "recordable".
Trustee Reid moved to table the subject until later in this
meeting. Mr. Doyle stated that Mr. Balling indicated his final
discussion with the Bank with respect to Mr. Mastandrea was as
follows:
1 . The Village would ask for approval of the plat tonight.
2. The Village would release the plat for recording tomorrow.
3. The Village would receive our fees from the bank on October 5, 1983.
Trustee Marienthal seconded the motion to table. Upon voice
vote, the motion was unanimously declared carried.
Mr. Jordan Shifrin, representing the homeowners of Steepleview STEEPLEVIEW
Condominiums , reviewed the situation regarding Steepleview.
Mr. Shifrin stated that the construction was halted in mid-stream;
the public improvements were not completed; and the developer has
retained control over the Association. Mr. Shifrin distributed
photographs showing some of the hazards at Steepleview. The
parking lots have large potholes in them, and there are dumpsters
situated in the middle of the parking lots. The homeowners are
asking the Board to do whatever they can to correct the situation
at Steepleview. Mr. Kuenkler stated that it has taken an extremely
long time to complete the punch list.
Moved by Hartstein, seconded by Marienthal , that staff direct
a letter to the developer advising that, if immediate steps are
not taken to complete any and all punch list items, the Village
will draw upon the Letter of Credit. Discussion followed on
conditions which would be hazardous to health and safety and
also as to public versus private improvements , i .e. Association
expenses versus developer expenses. It was also suggested
that the Village look into initiating some consumer protection
ordinances to solve future problems of this nature. Several
residents of Steepleview then presented their problems and concerns
to the Board. Upon roll call , Trustees voted as follows on the
motion:
AYES : 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYES : 0 - None
ABSENT: 1 O 'Reilly
Motion declared carried.
Mr. Balling and Mr. Brimm arrived at this time.
1
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Moved by Reid, seconded by Stone, to remove the subject of SPOERLEIN FARM
the Spoerlein Farm from the table. Upon voice vote, the (Phase I)
motion was unanimously declared carried.
Mr. Balling stated that the conversations which he had with
Mr. Mastandrea were on the subject of accelerating the
commercial project of the property. Upon roll call , Trustees
voted as follows on Trustee Hartstein 's motion:
AYES: 2 - Hartstein, Reid
NAYES: 3 - Marienthal , Stone, Glover
ABSENT: 1 - O' Reilly
Motion defeated.
President Clayton stated that the Board wishes to have the
fees paid at the time of approval , as well as an acceptable
Letter of Credit. Mr. Mastandrea stated that this delay will
have a serious economic effect on him, as he will probably not
be able to begin the development until April . Trustee Hartstein
asked the Board members who voted against the motion to seriously
reconsider their votes in view of some of the benefits which can
be derived by the Village by moving ahead on this project. Trustee
Stone stated that the Village has a set of standards, which the
developer was aware of, and with which the developer should conform.
Mr. Mastandrea stated that the cause of the delay was the discussion
over the right or left turn bays or the 4-lane highway with the
engineers and the State. Mr. Mastandrea stated that he wished
the record to show that he does not think that the reasons for
denial given by the Board are adequate.
President Clayton declared a recess from 9:00 P.M. until 9 :38 P.M. RECESS
Moved by Stone, seconded by Marienthal , that, in the future, no FINAL PLAT
final plats should be on the agenda without receipt of all APPROVAL
proper fees. Upon voice vote, the motion was unanimously
declared carried.
Trustee Hartstein commended Bill Brimm for another exemplary 1982-83 ANNUAL
job in putting together this financial document. Mr. Clark, FINANCIAL- REPORT_
of Peat, Marwick & Mitchell , stated that their opinion on
the financial report is again unqualified; he also commented
li on the prestige associated with the Certificate of Conformance
awarded last year's report. Mr. Clark then commented on the
1982-83 Financial Report. Moved by Hartstein, seconded by Reid,
to accept the Fiscal 1982-83 Annual Financial Report. Upon voice
vote, the motion was unanimously declared carried.
Mr. Balling reviewed the Fabriform Erosion Control Program; FABRIFORM EROSION
he made the following clarifications in his September 29, 1983 CONTROL PROGRAM
memo: the Village of Buffalo Grove actually only funded the
work adjacent to the Buffalo Creek and the Raupp bridge, the
work at the Crossings was done at Village direction, but at
developer's expense; in 1976 the Village evaluated erosion
control on Buffalo Creek, and committed to approximately a
$22,000.00 program at its sole expense to install Fabriform
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as an erosion control measure. Mr. Balling then reviewed
the circumstances which have led to the current situation
where the homeowners on Crestview Terrace are asking for some
help in the erosion along Buffalo Creek. Staff has suggested
a proposal of cost-sharing of the Fabriform project, where the
Village and adjacent property owners would contribute to the
program; staff does not recommend 100% funding by the Village,
because of the possibility of any property owner adjacent to
water requesting this substance as a protection against erosion.
�./ In answer to a question from Trustee Marienthal , Mr. Boysen
stated that he does not believe that the dam on the other side
of Arlington Heights Road will have a significant effect on
erosion control . Mr. Balling stated that the Village paid the
full cost of all the Fabriform adjacent to the Raupp Boulevard
bridge and Buffalo Creek. Several homeowners questioned why
they would have to pay a portion of this cost now, when the
Village fully funded the project in 1977. There was then
lengthy discussion regarding this project, particularly the
extreme cost to the homeowners , and whether or not there is
Village responsibility. It was requested that copies of minutes
and reports from 1976 be distributed to the Board for their
review. There was also a question regarding precedent-setting
policies, as well as the effects of the dam built west of
Arlington Heights Road. It was suggested that staff investigate
the possibility of grants for this project. President Clayton
stated that the homeowners would be notified when this subject
is back on the agenda.
Trustee Hartstein explained the situation regarding Unit 246. UNIT 246
Moved by Hartstein, seconded by Glover to table this matter
until such time as staff is prepared to come back with
additional information. Upon voice vote, the motion was
unanimously declared carried.
Moved by Hartstein, seconded by Stone, to adjourn the meeting. ADJOURNMENT
Upon voice vote, the motion was unanimously declared carried. n ��
The meeting was adjourned at 10:34 P.M.
Janet Sirabian, Village Clerk
APPROVED BY ME THIS 11 DAY
OF CA4.1A, 1983.
j(72
Village Presi ent