1984-01-30 - Village Board Special Meeting - Minutes 6345
1/30/84
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OFBUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JANUARY 30, 1984.
President Clayton called the meeting to order at 7:32 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, O'Reilly, Hartstein, and Glover.
Trustee Reid was absent. Also present were: William Balling,
Village Manager; William Raysa, Village Attorney; James Doyle,
Assistant Village Manager; William Brimm, Finance Director;
Gregory Boysen, Director of Public Works; Richard Kuenkler,
Village Engineer; James Truesdell, Village Planner; and Paul
Kochendorfer, Village Treasurer.
Moved by O'Reilly, seconded by Stone, to approve the minutes APPROVAL OF
of the January 16, 1984 Regular Meeting. The following MINUTES
correction was made:
Page 6338: In the section relating to Illinois Bell,
all references to Meritec should be changed
to "Ameritech".
Upon roll call, Trustees voted as follows:
AYES: 4 - Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSTAIN: 1 - Marienthal
ABSENT: 1 - Reid
Motion declared carried.
President Clayton reported that the Northwest Municipal NORTHWEST MUNICIPAL
Conference Legislative Breakfast was held on January 21, CONFERENCE
1984, and President Clayton sent a copy of the actions taken
at that meeting to each Board member.
PUBLIC HEARING - COMMONWEALTH EDISON RIGHT-OF-WAY
President Clayton read the Notice of Public Hearing published in
the Buffalo Grove Herald on January 11, 1984, stating that the Public
Hearing is for an Annexation Agreement (Commonwealth Edison) for a
portion of the existing Commonwealth Edison right-of-way north
of Lake-Cook Road. President Clayton opened the Public hearing
at 7:36 P.M. , and stated the purpose of the Public Hearing. Mr.
James Truesdell, Village Planner, was then sworn in to give
testimony.
Mr. Truesdell then made a presentation with regard to the
property. He stated that the property is approximately 200'
wide; there is no proposal for any change in development or
use in the property; it will provide contiguity for the property
to the east. Mr. Stephen Goldspiel, Plan Commissioner, stated
that the Plan Commission recommends approval of annexation.
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President Clayton asked if there were any other agencies wishing
to speak; there were none. President Clayton asked if there were
any questions from the Board; there were none.
Mr. Bernard Powers, President of the Chevy Chase Homeowners
Association, stated that, in talking with Commonwealth Edison, he
found out that this annexation was entertained to Commonwealth
Edison by the Johnson Estate. Mr. Powers stated that representatives
from Commonwealth Edison told him that they did not wish to affect
the quality of life of residents due to their annexation; however,
since the request for annexation was already filed, Commonwealth
Edison could not retract that petition. Mr. Powers stated that he
was told by representatives from Commonwealth Edison that, if
they had known of the concerns and problems of the homeowners in
advance, they would not have requested annexation to Buffalo Grove.
President Clayton noted that the Village does hold a petition for
annexation from Commonwealth Edison.
President Clayton closed the Public Hearing at 7:43 P.M.
PUBLIC HEARING - JOHNSON PROPERTY EAST
President Clayton stated that this Public Hearing is for an Annexation
Agreement (Johnson Property East) approximately 150 acres located north
of Lake-Cook Road, east and west of Milwaukee Avenue, and surrounding
the Chevy Chase Golf Course. Notice of this Public Hearing was
published in the Buffalo Grove Herald on January 11, 1984, which
President Clayton then read. President Clayton then swore in
William R. Johnson, applicant; Richard L. Wexler, Attorney; Frank R.
Angelotti, President of Applied Engineering.
Mr. Johnson then made a presentation regarding the property:
Parcel A is on the north side; 400' wide by approximately
1 mile long; approximately 40 acres; they are asking for R-9
multi-family residential zoning.
Parcel B is approximately 50 acres in size, bounded by the
Soo Line Tracks on the west, the Chevy Chase Golf Club on the
east, Lake-Cook Road on the south, a proposed B-3 parcel on
the east side; they are asking for I zoning, which will
allow office and light manufacturing mix; there is approximately
a 6 acre on-site detention basin.
Parcel C is a long parcel split by Milwaukee Avenue, bounded on
the south by Lake-Cook Road, on the north by the Golf Course,
and extending east to the Des Plaines River; the parcel is
approximately 16 acres in size; they are asking for the B-3
zoning with some variations.
Parcel D is a very small parcel; they are asking for a B-1
zoning classification; it fronts on Milwaukee Avenue; has the
Chevy Chase subdivision behind it; has the B-3 industrial on
the south; there is some existing office on the north side.
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Mr. Stephen Goldspiel, Plan Commissioner, stated that the Plan
Commission recommended annexation, with the following recommendations:
1. That a supplemental report on the flooding problems be done.
2. That the list of additional uses for the B area be reduced.
3. That the road listed on the original plans as emergency
access from the R-9 to the industrial area be made a regular
access, full road, for non-commercial use only through the
R-9 area.
Mr. Balling commented that the emergency access will be upgraded to a
dedicated street, and Exhibit E-2 will be amended to reflect the
dedicated street.
President Clayton asked if there were any comments from any other
agencies, Villages, park districts, or school districts; there were
none.
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Mr. Bernard Powers, President of the Chevy Chase Estates Homeowners
Association, stated the concerns of the homeowners in the area, i.e.
quality of life; the fact that Aptakisic Creek reverses its flow
when the Des Plaines River goes up, thus flooding the area in which
they live; the increase in the water rates with no benefits; the
location of the park; they would like the area to the south of the
current residential area to be zoned residential; they do not want
Chevy Chase Drive to go through to Lake-Cook Road; they do not want
Linden Avenue connected to the industrial area. President Clayton
stated that Buffalo Grove's ordinances require screening of the
industrial area.
Mr. Johnson stated that a water profile has been done on the area
from the Inverrary Drive north and east to the Des Plaines River, and
it was determined that there are a number of blockages and impediments
in that area, and, in the low to medium type of floods, if those
impediments are removed, some of the flooding problems will also be
removed. In the case of the 100-year flood, the Des Plaines River
will back up no matter what is done. Mr. Johnson stated that if there
were any engineers who had a solution to the problem, they would be
happy to meet with them. Mr. Johnson stated that the water rates will
go up, but noted that the current water rates charged the Chevy Chase
residents are much below others in the area. The service which will
be provided by Buffalo Grove is of a much higher quality than they
can now give. Mr. Johnson stated that there will be televising
taking place of all of the sewer lines in the area on the west side
of Milwaukee Avenue, Unit 1, Columbian Gardens; a water study has
been undertaken prior to deeding over the company which will determine
the condition of those lines. Mr. Johnson stated that they are paying
for all of that, and there will be no cost to the Chevy Chase home-
owners. Regarding the lines on the east side of Milwaukee Avenue,
Mr. Johnson stated that is irrelevant because the lines have been
abandoned for the last 35 or 40 years, and are not in use; if they
are improved at some point in time, the improvements to those lines
will be at the cost of whoever develops that area, not the homeowners.
Mr. Johnson stated that, when the Chevy Chase Golf Course was sold to
the Wheeling Park District in 1977, it was sold to all the potential
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tax payers in Wheeling on the basis that it would be used as a multi-
use recreational facility; at the present time, it is only used as a
Golf Course, and Mr. Johnson thinks that it should be opened up to a number
of different recreational uses. Regarding the park site referred to
by Mr. Powers, Mr. Johnson stated that it was plotted as a park site
back in 1929 or 1930, and was never intended for use by anyone across
Milwaukee Avenue. With regard to Linden Avenue going through to Lake-
Cook Road, Mr. Johnson stated that any future development would be
preceded by hearings before the Plan Commission and the Village Board,
at which time both of those groups may make recommendation. Regarding
the access roads, Mr. Johnson stated that no plans have been made for
either Chevy Chase Drive or Linden Avenue.
Norma Sanchez, a resident of the Pekara Subdivision, stated that
the homeowners will not settle for the answer that there is no
solution to the flooding problem; she stated that she is not against
Buffalo Grove annexing the property, but is surprised that Buffalo
Grove is going to develop the property in a manner which is not going
to help any of the Southeast Vernon Homeowners Associations.
Mr. Johnson stated that all of the areas to be annexed have areas
set aside on the parcel for on-site detention.
1 Mr. James Isaacs asked if Mr. Johnson would be donating any property
for a school in the area. President Clayton stated that Buffalo
Grove ordinances require donations to the school districts, based on
figures produced by the Illinois School Consulting Service. Mr.
Truesdell commented on the amount of money to be generated from this
annexation and the number of children expected to be generated from
the R-9 area. President Clayton stated that both School District 102
and 125 support the annexation.
Mr. Powers stated that he had talked with the Army Corps of Engineers
regarding the flooding problem, and the only solution that they could
see would be to build a dam and pumping station.
Mrs. Sanchez presented President Clayton with a letter from School
District 125 stating that they would like to see any development in
the district phased in such a way as to prevent neither a financial
hardship to the district taxpayers nor a burden on the secondary
educational facility, and stated that it is critical that an adequate
industrial tax base be established before building permits for homes
are issued.
Mary Laidlaw from the Pekara Subdivision asked about the problems
with the Pekara Sewage Plant. Mr. Balling stated that the capacity
of the plant is approximately 8,000,000 gallons per day, average
daily flow; the present load on the system is between 3,500,000 and
4,000,000 gallons per day; Ms. Laidlaw stated that the plant is built
in the flood plain, and she does not believe that there should be any
more sewage hooked up to that plant until the problems are taken care of.
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Lorilei VanSluys, President of the Inverrary Homeowner's Association,
asked what the sewage generation would be from this development. Mr.
Kuenkler stated that an average daily flow would be 300,000 gallons.
Trustee Hartstein stated that he takes issue with the fact that
Buffalo Grove is not concerned with the quality of life in the surrounding
areas; he does not believe that anyone on the present Board, or on
previous Boards, would do anything which would be detrimental to other
areas; he stated that the standards that the Village of Buffalo Grove
has with regard to screening, etc. is probably far greater than would
be found in many communities; he also commented on the positive impact
of the tax dollars generated from this development.
Rita Imlah, a resident of the Pekara Subdivision, asked about a
$2,000,000 grant from the EPA. Mr. Johnson stated that they had put
up $25,000 earnest money approximately one year ago for a grant which
was approximately $200,000, but nothing has ever developed along those
lines. Mr. Johnson stated that, when the sewer system is phased out,
it will be phased out at no cost to the homeowners. Mr. Johnson stated
that the system, as it has been designed, is simply inadequate to meet
today's standards, and is much too small to meet the needs of even the
subdivision.
Mrs. Imlah asked if the northwest corner of Lake-Cook Road was zoned
for natural prairie; Mr. Johnson replied that it was not, to his
knowledge, and stated that the property is currently being farmed.
In answer to a question from Mrs. Imlah, President Clayton stated that
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this property has been in the Village Master Plan since 1972, and
the proposal which Mr. Johnson has presented is very attractive for a
tax base for all agencies involved.
Mr. Dennis Socha of the Chevy Chase Homeowners Association stated that
he thinks Mr. Johnson's statement that there would be no cost to the
homeowners with regard to the sewer lines should be included in the
Annexation Agreement. Mr. Johnson stated that he believes that it
is sufficient that he has made the statement under oath and in public
testimony. Mr. Johnson stated that, to his knowledge, the only way
any homeowner can be assessed would be if the Chevy Chase Utility
Company went in for a rate increase, which they have no intention of
doing; their basic goal is to phase out the system.
Trustee O'Reilly questioned the fact that the Aptakisic Creek is the
Lake County Public Works responsibility and domain. Mr. Kuenkler
stated that he would say that Lake County would have the largest
jurisdiction. Mr. Johnson stated that he had talked with Mr. Peterson,
Vernon Township Supervisor, who had talked with the County, and the
County has stated that they have no jurisdiction over the creek
clearing, etc. Trustee O'Reilly stated that, in essence, it is a
problem which has been there for a number of years, and no one has ever
addressed it.
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Trustee O'Reilly questioned page 9, section 11, regarding the
proportionate recapture to the Village for the water line. Mr.
Balling explained same. Trustee O'Reilly stated that she wished to
make sure that none of the existing homeowners would be subject to
this recapture. Mr. Balling stated that the ordinance has not been
drafted as yet, but that is not the intent.
Trustee O'Reilly questioned the timing of the sewers, the cost of
which is to be borne by Mr. Johnson or others, and not the homeowners.
Mr. Johnson stated that they would like to begin this season, but
there is nothing firm. Trustee O'Reilly asked about the grant and
the Pollution Control Board, etc. ; Mr. Johnson replied that if things
did not move along, he would assume that the EPA would step in with
directions to Mr. Johnson. Mr. Raysa stated that, in that case, the
Illinois EPA would have no jurisdiction over Buffalo Grove. Mr.
Angelloti then displayed a plan of the overall sewer system, and
explained the situation, emphasizing that anything done would be at
Mr. Johnson's expense.
Trustee Marienthal stated that he would like to require a Public
Hearing on the parcel of property immediately adjacent to the single-
family homes. Mr. Raysa commented that this is a conceptual plan,
not a preliminary plan.
Trustee O'Reilly posed the following question to Mr. Johnson: "Is
it your understanding that the water and the sewer, the utility company,
will not be accepted until you meet our standard?" Mr. Johnson replied:
"Absolutely."
Mr. Raysa stated that the system being discussed is defined on
Exhibit G; the Village is not buying the stock, nor the company, nor
taking over the liabilities of the company; the Village is buying what
is listed on Exhibit G; there will be a parcel of land deeded to the
Village by the company, but the Village is not taking over the corporation.
Mr. Raysa also stated that recent case law states that, if a municipal
entity takes over and buys an existing water and sewer system or
corporation, it does not need ICC approval. The way Mr. Raysa
envisions the Annexation Agreement working is: The Village does
not take or buy or accept any shares of stock of the corporation;
once the new lines are in, and once the existing system is corrected
pursuant to the Village of Buffalo Grove Engineer's direction, then
the valves will be turned on and the valves will be turned off; the
Village will in no way have undertaken the service obligation or the
assets of the corporation; the new line that is put in will be dedicated
to the Village of Buffalo Grove, and will become a Village of Buffalo
Grove line. The reason that it was done this way is because Mr. Raysa
does not want the Village of Buffalo Grove to have the liabilities
of the corporation.
Mr. Balling pointed out four minor revisions to the exhibits and the
Annexation Agreement:
. . .Exhibit E-2 - the circulation plan will be revised to reflect the
through street between the industrial property and the� R-9 property.
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. . .Exhibit E-4 - presently a lift station is shown on the preliminary
schematic for the sanitary service east of Milwaukee Avenue; staff
analysis has indicated that that may not be necessary, so as an
addition to that exhibit, the following language will be noted
on that sheet: "Note: The sanitary sewer system servicing areas
east of Milwaukee Avenue is anticipated to be revised to provide
for a gravity sewer system so as to eliminate the need for a
lift station east of Milwaukee Avenue." Mr. Johnson stated that
there seems to be a question as to whether the gravity system or
the lift station is more feasible, and the engineers will attempt
to work this out.
. . .Paragraph 3, Page 4 - "The Village will reserve its rights to modify
the circulation plan as provided in Paragraph 3 for the owner under
that paragraph.
. . .Page 16, Paragraph 16 - There was some ambiguity relating to the
accepting of parking lots, so the phase "of public streets, they"
will be inserted on the 5th line following the word "completion".
Mr. Raysa made the following comments:
. . .Chevy Chase will not be deeded to Buffalo Grove.
. . .Exhibit E - the number of lots shown in Block 1 is shown at 12,
when the actual number of lots is 11; the Plat of Annexation is
correct, and the error is on the concept plan.
. . .Exhibit G - the Village would like to have added under Items of
Personal Property to be conveyed to the Village: the B boxes,
and the water meters; this would fall under Paragraph 1, C.
Another correction on page 2 of 3: strike the word "shown" and
replace it with the words "necessary per Paragraph 13.A.6. of the
Annexation Agreement.
The item in the packet labeled "Trustees Deed" is Attachment 1 to
Exhibit G. Mr. Wexler stated that he has no objections to the changes
just stated by Mr. Raysa.
President Clayton closed the Public Hearing at 9:17 P.M.
Moved by Stone, seconded by Hartstein, to pass Ordinance #84-7, ORDINANCE #84-7
approving the Annexation Agreement (Commonwealth Edison Company - (Com. Edison
Johnson) . Upon roll call, Trustees voted as follows: annexation)
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Stone, seconded by Hartstein, to pass Ordinance #84-8, ORDINANCE #84-8
annexing certain territory to the Village of Buffalo Grove, (Com. Edison
Illinois (Commonwealth Edison Company - Johnson) . Upon roll call, annexation)
Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid m j
Motion declared carried. (�
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Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-9, ORDINANCE #84-9
amending the Comprehensive Zoning Ordinance of the Village of (Com. Edison
Buffalo Grove, Cook and Lake Counties, Illinois (Commonwealth annexation)
Edison Company - Johnson) . Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Mr. Balling stated that the changes to be made in the proposed ORDINANCE #84-10
ordinance would be consistent with the Plan Commission (Johnson Property
recommendation of January 11, 1984, with respect to the road East Annexation)
connector; the staff recommendation of January 27, 1984, with
respect to the text changes; the modifications to the sewer
Exhibit E-4 with a planning note discussed this evening; and
the three modifications to Exhibit G recommended by Mr. Raysa,
concerning ownership of B boxes and water meters, easements
as necessary to comply with 13,A, 6 of the Annexation Agreement;
and labeling the deed for the well house as Attachment 1 of
Exhibit G.
Moved by Stone, seconded by Hartstein, to pass Ordinance #84-10,
with the changes noted above, approving the Annexation Agreement
(Johnson Property East) . Upon roll call, Trustees voted as
follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to pass Ordinance #84-11, ORDINANCE #84-11
annexing certain territory to the Village of Buffalo Grove, (Johnson Property
Illinois (Johnson Property East) . Upon roll call, Trustees East Annexation)
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
Moved by Stone, seconded by Marienthal, to pass Ordinance #84-12, ORDINANCE #84-12
amending the Comprehensive Zoning Ordinance of the Village of (Johnson Propert}
Buffalo Grove, Cook and Lake Counties, Illinois (Johnson Property East Annexation)
East) . Upon roll call, Trustees voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
Motion declared carried.
President Clayton welcomed Mr. Johnson to the Village.
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Moved by Hartstein, seconded by Glover, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 9:22 P.M.
Janet Sirabian, Village Clerk
APPROVED BY ME THIS DAY OF
, 1984.
Village President
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