1982-06-21 - Village Board Regular Meeting - Minutes 6051
6/21/82
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS , HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JUNE 21 , 1982.
President Clayton called the meeting to order at 7:37 P.M. Those CALL TO ORDER
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 Gerschefske.
Trustee Schwartz arrived after the discussion on Wynndale. Also
present were: William Balling, Village Manager; William Raysa,
Village Attorney; James Doyle, Assistant Village Manager; William
Brimm, Finance Director; James Truesdell , Village Planner; Raymond
Rigsby, Superintendent of Public Works; Richard Kuenkler, Village
Engineer; Fire Chief Wayne Winter; and Paul Kochendorfer, Village
Treasurer.
Moved by Hartstein, seconded by Marienthal , to approve the APPROVAL OF
minutes of the June 7, 1982 Regular Meeting. Upon roll call , MINUTES
Trustees voted as follows:
AYES: 3 - Marienthal , O' Reilly, Hartstein
NAYES: 0 - None
ABSTAIN: 2 - Stone, Gerschefske
ABSENT: 1 - Schwartz
Motion declared carried.
Mr. Kochendorfer read Warrant #480. Moved by O 'Reilly, seconded WARRANT #480
by Stone, to approve Warrant #480 in the amount of $788,995.23,
authorizing payment of bills listed. Upon roll call , Trustees
voted as follows :
AYES: 4 - Stone, O 'Reilly, Hartstein, Gerschefske
NAYES : 0 - None
ABSTAIN: 1 - Marienthal
ABSENT: 1 - Schwartz
Motion declared carried.
President Clayton reported the resignations of Appearance CERTIFICATES
Commissioners Dana Knaak and Louis Paolillo and thanked them OF APPRECIATION
for their years of valued service to the Village. Certificates Appearance
of Appreciation will be sent to both of these men. Commission
Transportation
President Clayton also noted the resignation of Mark Stuart Commission
from the Transportation Commission, and thanked him for his
yearsof service. A Certificate of Appreciation will also be
sent to Mr. Stuart.
President Clayton noted that, in the review of the Development DEVELOPMENT
Ordinance, there will be a meeting next Monday evening with Mr. ORDINANCE
Hardt, in order to discuss possible ways of streamlining the
Appearance Commission procedure.
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Trustee O' Reilly stated that the Water Study Committee will be LAKE
going to tour the Evanston Water Plant at 1 :00 P.M. on Thursday, MICHIGAN
June 24, 1982. WATER
Mr. Balling noted the submission of the Management Report for MANAGEMENT
the month of May. Trustee Marienthal asked that there be REPORT
information included in the Management Report noting the steps
or action to correct a problem.
Mr. Balling noted that the new John Deere front loader, and the NEW EQUIPMENT
new tar kettle are on display on Raupp Boulevard for the Board 's
inspection this evening.
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 CONSENT AGENDA
that 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 O'Reilly, seconded by Stone, to approve Ordinance ORDINANCE
#82-19, an ordinance authorizing the Village Manager to execute #82-19
Cook County i-iighway Permits on behalf of the Village of Buffalo
Grove. Currently the Village Manager executes all interagency
permits other than Cook County Highway Permits. The County has
requested that the Village of Buffalo Grove authorize, by Ordinance,
the Village Manager to execute permits on behalf of the Village.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAYES : 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the authoriza- AUTHORIZE
tion to bid for the 1982-83 Sidewalk Replacement Program. The BIDDING
FY82-83 budget provides for a sidewalk replacement program. Upon (Sidewalk
roll call , Trustees voted as follows : Replacement
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein , Gerschefske Program)
NAPES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
Moved by O'Reilly, seconded by Stone, to approve the Appearance HIDDEN LAKES
Commission recommendation for Hidden Lakes (General aesthetics (General
other than landscaping) . Appearance Commission recommendations aesthetics
on general aesthetics is requested. Landscaping approval will be other than
considered by the Board at the time the final plat is considered. landscaping)
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NAPES: 0 - None
ABSENT: 1 - Schwartz
Motion declared carried.
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6/21/82
Mr. Truesdell reviewed his memo to Mr. Balling of June 17, ORDINANCE
1982, and highlighted the variations which are being requested #82-20
in the subdivision improvement agreement; each of these items Nynnedale
was then discussed separately. PUD)
PARKWAY TREES
The Village has asked that the developer plant trees in the
median strip on Arlington Heights Road , rather than the usual
requirement of planting parkway trees. Mr. Lawrence Freedman
stated that they do not feel that it is their responsibility to
plant trees in the median. There was discussion of the subject.
President Clayton polled the Board: "Yes" indicates favor of
requiring trees in the median on Arlington Heights Road; "No"
indicates opposition :
YES: Marienthal , Stone, Gerschefske
NO: O' Reilly, Hartstein
ABSENT: Schwartz
The developer will plant trees in the median on Arlington Heights
Road.
ANNEXATION FEES
Mr. Freedman stated that they were never made aware that there
were any annexation fees to be paid. It was noted that these
fees were in the original annexation agreement; however, that
agreement has expired . Mr. Raysa stated that, because the
original annexation agreement has expired, it is no longer
enforceable. President Clayton polled the Board: "Yes"
indicates favor of requiring a fee of $100/unit; "No" indicates
opposition :
YES : Marienthal , Stone, Gerschefske
NO: O' Reilly, Hartstein
ABSENT: Schwartz
There will be further discussion on this fee later in the meeting.
BRIDGE CONSTRUCTION
Mr. Kuenkler stated that, for maintenance purposes, there should
be a bridge over the creek. Mr. Benach stated that they would
not object to a bridge costing in the range of $5,000/$6,000. It
was stated that the bridge should be 8' wide, and constructed well
enough to hold a riding lawn mower; the bridge would not be for
automobile traffic. Mr. Benach suggested that his engineer confer
with the Village Engineer, and work out a suitable solution, with
the cost of the bridge not to exceed $10,000. It was suggested
that there be a load restriction placed on the bridge. There was
agreement by all parties that the bridge construction would be
worked out between the two engineers.
CUL-DE-SAC LENGTH
Mr. Rick Piggott explained their reasons for requesting longer
cul-de-sacs. There was discussion regarding snow removal ; Mr.
Rigsby stated that they would have to use a smaller piece of
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6/21/82
equipment in the area. Chief Winter stated that these cul-de-sacs
would present no more problems than any other cul -de-sac in the
Village.
President Clayton polled the Board : "Yes" indicates favor of
allowing for the development of the proposed cul-de-sac street
notwithstanding that its length exceeds that maximally allowed;
"No" indicates opposition:
YES: Marienthal , Stone, O'Reilly, Hartstein, Gerschefske
NO: None
ABSENT: Schwartz
RIGHT-OF-WAY
There was lengthy discussion on this subject, much of it co-
inciding with the discussion on cul-de-sacs. Mr. Piggot
explained their position; he also stated that the Village will
be getting easements on all rights-of-way.
President Clayton polled the Board: "Yes" indicates favor of
permitting a 54' right-of-way, rather than a 60' right-of-way
on the main east-west street; "No" indicates opposition:
YES: Marienthal , Stone, Hartstein , Gerschefske
NO: O'Reilly
ABSENT: Schwartz
The 54' right-of-way will be allowed on the main east-west
street.
President Clayton polled the Board: "Yes" indicates favor of
permitting a 27 ' right-of-way on all other streets; "No"
indicates opposition:
YES: Marienthal , Hartstein
NO: Stone, O' Reilly, Gerschefske
ABSENT: Schwartz
President Clayton polled the Board: "Yes" indicates favor of
permitting 24' of pavement width in cul -de-sac termini ; "No"
indicates opposition :
YES: Marienthal
NO: Stone, O'Reilly, Hartstein , Gerschefske
ABSENT: Schwartz
Mr. Piggot explained that, since the 27' right-of-way, was
denied on the streets, they will need to ask for a variation
on the setbacks. Trustee Hartstein stated his reasons for
voting "Yes" on the 27' right-of-way, and urged the Board
to reconsider this subject. After further discussion,
President Clayton re-polled the Board: "Yes" indicates favor
of permitting 27' right-of-way on all streets except the main
east-west street; "No" indicates opposition:
YES: Marienthal , O'Reilly, Hartstein
NO: Stone, Gerschefske
ABSENT: Schwartz
The 27 ' right-of-way will be allowed on all streets other than
the main east-west street.
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6/21/82
SIDE YARD SETBACKS
There was discussion on reducing the side yard setbacks from
25' to 20' . It was suggested that this variance be allowed
only on buildings abutting the 54' right-of-way. Mr. Goldspiel
stated that the Plan Commission was enthusiastic about this
project, but that he is concerned about the right-of-way, and
urged the Board to look carefully at the side yard setback.
President Clayton polled the Board : "Yes" indicates favor of
reducing side yard setbacks from 25' to 20' on buildings that
have the 54 ' right-of-way, the Village Attorney to provide the
proper language for same; "No" indicates opposition:
YES: Marienthal , Hartstein
NO: Stone, O'Reilly, Gerschefske
ABSENT: Schwartz
Mr. Bob Olson stated that the failure to allow reduced setbacks
in the side yards will take approximately 10' out of the park, and
also increase the slopes in some rear yards. Trustee Hartstein
stated his reasons for voting "Yes" on reducing the side yard
setbacks, and urged the other Board members to reconsider their
votes on this item. After further discussion, President Clayton
re-polled the Board: "Yes" indicates favor of reducing side yard
setbacks from 25' to 20' on buildings that have the 54' right-of-
way, the Village Attorney to provide proper language for same;
"No" indicates opposition:
YES: Marienthal , Stone (very reluctantly) , Hartstein
NO: O' Reilly, Gerschefske
ABSENT: Schwartz
The side yard setbacks will be reduced from 25' to 20' on
buildings that have the 54' right-of-way. Trustee O' Reilly
stated that she changed her vote regarding the 27' right-of
way because she knew that the rest of the Board would agree
to reduced setbacks.
SIDEWALK
dent. Clayton polled the Board" "Yes" indicates favor
of requiring sidewalk on only one side of the main street;
"No" indicates opposition:
YES: Marienthal , Stone, Hartstein , Gerschefske
NO: O' Reilly
ABSENT: Schwartz
Sidewalk will be required on only one side of the main street.
FLOOD PLAIN ORDINANCE
Mr. Kuenkler explained the minor excavation for compensatory
storage and why it is required. Mr. Kuenkler stated that this
variation would definitely not jeopardize the Village's federal
insurance. President Clayton polled the Board: "Yes" indicates
favor of permitting variations to the Flood Plain Ordinance as
required to allow for: bicycle path construction; bridge for
Buffalo Creek crossing; and minor excavation for compensatory
storage; "No" indicates opposition :
YES: Marienthal , Stone, O'Reilly, Hartstein , Gerschefske
NO: None
ABSENT: Schwartz
The above requested variations to the Flood Plain Ordinance will
be permitted.
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President Clayton declared a recess from 9: 10 until 9:23 P.M. RECESS
PARK DISTRICT
Park District Commissioner Jim Borowski reviewed the Park
District recommendation on open space for this development,
referring to Prudy Knaak's letter to President Clayton of
June 18, 1982. Lengthy discussion was held by all parties
involved regarding the amount of credit to be given for active
and passive uses of the land donated. The developer stated
that they could meet active or passive requirements, but
stated that the northwest corner of the site would not be
conducive to active park use.
After the discussion, President Clayton made the following
comments : the Village is receiving five times the amount of
passive land that is required; with the improvements being
done to the passive area , the Village is meeting some of the
goals established by the Village before this developer came
in. President Clayton polled the Board: ''Yes" indicates
favor of the Park District recommendation in their letter of
June 18, 1982, i .e. that active credit be given for the land
the pool is on, the northwest corner which is out of the
flood plain , and that the remainder of active credit be cash
in lieu of land; "No" indicates opposition :
YES: Marienthal
NO: Stone, O'Reilly, Hartstein, Gerschefske
ABSENT: Schwartz
President Clayton polled the Board: "Yes" indicates that you
think the developer has met the requirements of Title 19; "No"
indicates opposition to that , with the plan as it is:
YES: Stone, Hartstein, Gerschefske
NO: Marienthal , O'Reilly
ABSENT: Schwartz
Park District Commissioner Karen Larson asked that the Board
watch this very carefully as it is being developed with regard
to the dollar amount being spent; the Park Board likes the
conceptual plan; they question referring to 12" to 24" seedlings
as trees.
SCHOOL DISTRICT
Mr. Truesdell noted that the developer is asking that they be
allowed to subtract the cost of the bike path from the required
l school district donation. Mr. Truesdell stated that Mr. Willard
�•/ of School District #96 stated that he is confident that his Board
will not approve of this request by the developer. Mr. Freedman
stated that the developer concurs with Dr. Willard, and they
withdrew their request. Mr. Freedman stated that they will document
their figures with regard to the actual number of school children
residing in this type of development, and present those figures to
the Board.
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6/21/82
ANNEXATION FEES
Mr. Raysa stated that an Annexation Agreement dies of its own
terms , and, therefore, any requirement by the developer is non-
existent; he stated that it might be possible to rephrase
Paragraph 24 and call it a Capital Improvement Fee rather than
an Annexation Fee. Mr. Freedman stated that he is convinced
that this is illegal , and asked the Board to allow Mr. Raysa to
brief this subject and report to the Board before making a
decision. Trustee Stone suggested that, rather than collecting
a fee for each unit, the developer put an amount of money toward
increasing the size of the trees.
MISCELLANEOUS
Mr.-Balling stated that most of the storm sewer system would be
dedicated.
There was discussion relating to the preservation of tree lines
along the golf course and Buffalo Creek on page 9 of the PUD.
It was determined that the last sentence under number 10 should
read: "Owner further agrees to preserve existing tree lines
along both the golf course and Buffalo Creek, except for removal
where this is not practical ."
ANNEXATION FEES
Mr. Freedman explained the developer's thoughts regarding larger
tree seedlings. The developer proposed planting 24" evergreens ,
and 1" diameter on other trees; this change would be made on
Exhibit J. President Clayton polled the Board: "Yes" indicates
favor of Trustee Stone's suggestion (previously outlined) ; "No"
indicates opposition :
YES: Marienthal , Stone, O'Reilly, Hartstein , Gerschefske
NO: None
ABSENT: Schwartz
Moved by Marienthal , seconded by Stone, to pass Ordinance #82-20,
conditioned to the changes of record made this evening. Mr.
Raysa then reviewed the changes that he had made to the PUD.
President Clayton polled the Board: "Yes" indicates favor of
the plan indicating cul-de-sac islands being private; "No"
indicates opposition :
YES: Marienthal , Stone, O' Reilly, Hartstein, Gerschefske
NO: None
ABSENT: Schwartz
The cul -de-sac islands will not be dedicated, and will remain
private.
Upon roll call , Trustees voted as follows on the motion :
AYES: 4 - Marienthal , Stone, Hartstein, Gerschefske
NAYES: 1 - O'Reilly
ABSENT: 1 - Schwartz
Motion declared carried.
Trustee Schwartz arrived at this time.
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6/21/82
Moved by Hartstein , seconded by Marienthal , to pass Resolution RESOLUTION
#82-31 supporting the development of a grade separated inter- #82-31
section for the extension of IL 53 at Lake-Cook Road. Upon roll
call , Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAYES : 0 - None
Motion declared carried.
Trustee Stone reviewed this ordinance. Moved by Stone, seconded ORDINANCE
by Hartstein, to pass Ordinance #82-21 , which is an amendment to #-82-21
the site plan in the B-3 Zoning District at Dundee Road at (Buffalo
Arlington Heights Road (Buffalo Grove Mall ) . Grove Mall)
Trustee O'Reilly moved to table this subject until there is a
traffic survey done and there is ZBA approval of the sign
variation. Trustee Marienthal seconded the motion to table.
Mr. Jim Devine, representing Bernard Katz & Company, stated
that they thoroughly investigated the traffic situation, and
their suggestion is to have a "right-turn only" out of the
southern entrance on Arlington Heights Road. They do not
have the ability to re-work the entire site, and the renovation
that they propose will not alter the traffic situation. Mr.
Frank Morelli stated that they did not tamper with the outside
of the center; they just want to renovate the inside of the
center. They do not feel a major traffic study is warranted.
Mr. Goldspiel suggested that the developer look at the traffic
study which was done for the Chatham development; Mr. Devine
stated that they will look at that traffic study.
President Clayton recognized the motion to table. Upon roll
call , Trustees voted as follows:
AYES : 2 - Marienthal , O'Reilly
NAYES: 4 - Stone, Hartstein, Gerschefske, Schwartz
Motion defeated.
Mr. John Green, architect, stated that they are proposing to
put up a ground sign, which has been submitted to the Appearance
Commission, and they are aware they must also go to the ZBA.
Upon roll call , Trustees voted as follows on the motion to
pass Ordinance #82-21 :
AYES : 4 - Stone, Hartstein, Gerschefske, Schwartz
NAYES: 2 - Marienthal , O'Reilly
Motion declared carried.
President Clayton asked that staff review the traffic study for
Chatham and report back to the Board . Mr. Goldspiel stated
that another possible solution would be the same as the one at
the new Jewel-Osco development.
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6/21/82
Mrs. Chin of the Wok Inn explained her reasons for asking that WOK INN
she be able to keep the sign as it is in order to increase her (Sign appeal )
business. Trustee Gerschefske moved that a one-line sign with
the current colors be permitted to remain. There was no second
to the motion. Moved by Hartstein, seconded by Marienthal , to
uphold the decision made by the Appearance Commission for the
Wok-Inn sign in the Dunnell Shopping Center. Upon roll call ,
Trustees voted as follows:
AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Schwartz
NAYES: 1 - Gerschefske
Motion declared carried.
Mrs. Chin asked the Board to reconsider their decision; there
was no desire from the Board to reconsider.
Moved by O'Reilly, seconded by Schwartz, to authorize bidding AUTHORIZE
for the emergency repairs to the watertake on Fire Engine #213. BIDDING
Upon roll call , Trustees voted as follows: (Repairs
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske, Fire Engine
Schwartz #213)
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein , seconded by Schwartz, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously declared
carried. The meeting was adjourned at 11 :27 P.M.
Janet irabian, Village Clerk
APPROVED BY ME THIS DAY
II OF -Z� , 1982.
•
illage President