1983-01-24 - Village Board Special Meeting - Minutes 6143
1/24/83
MINUTES OF THE SPECIAL MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JANUARY 24, 1983.
President Clayton called the meeting to order at 7:38 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, Gerschefske,
and Schwartz. Also present were: William Balling, Village
Manager; William Raysa, Village Attorney; James Doyle, Assistant
Village Manager; 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 10, 1983 Special Meeting. Upon roll call , MINUTES
Trustees voted as follows:
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAPES: 0 - None
Motion declared carried.
Trustee Stone reviewed his memo to the Board of January 19, CABLE TV
1983 regarding the Cable Television Franchise Fee. Mr. Stone (Franchise Fee)
stated that his personal preference is for the fourth alternative
which would be to make application for the 5% fee, earmarking 2%
for local access use, and joining the other members of the
Warner Regional Cable Group in establishing a single body to
administer local access funds. If this alternative is the one
chosen, Mr. Stone stated that we should be sure that it is set
up in such a way that there is a representative from Buffalo
Grove on the committee, and that we would protect our portion of
the franchise fee to insure that it does go to Buffalo Grove. The
2% fee should amount to approximately $8,000 per year.
Moved by Stone, seconded by Marienthal , to make application for
the 5% franchise fee and earmark 2% for local access , and join
the other members of the Warner Regional Cable Group in establish-
ing a single body to administer local access. If the College of
Lake County made application , they would be entitled to a portion
of Buffalo Grove's 2%. Upon roll call , Trustees voted as follows :
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske,
Schwartz
NAPES: 0 - None
Motion declared carried.
Trustee O'Reilly stated that the Education Subcommittee met LAKE MICHIGAN
to approve the Newsletter which will be coming out shortly, WATER PROJECT
and decided upon the procedure for public information. The _ s _
Committee decided not to participate in the presentation;
President Clayton will be present to introduce the Committee
and/or Board members present, and Trustee O' Reilly will present
the facts and figures and act as a moderator for discussion.
6144
1/24/83
Trustee Schwartz brought up the subject of removal of appointed REMOVAL OF
officials, and referred to his memo to the Board of January 19, APPOINTED
1983. Mr. Raysa reviewed his letter of January 3, 1983 to Mr. OFFICIALS
Doyle. Mr. Raysa's recommendation is to direct each committee
or commission to develop a policy regarding attendance.
Moved by Schwartz, seconded by Marienthal , to amend the existing
statutes with regard to the Fire & Police Commission and the ZBA
to allow for the commissions to set an attendance policy, and for
the Board to have the discretionary authority to remove a
commissioner who violates that policy. Upon roll call, Trustees
voted as follows:
AYES : 5 - Marienthal , Stone, Hartstein, Gerschefske, Schwartz
NAYES: 1 - O'Reilly
Motion declared carried.
With regard to other commissions, it was suggested that, if a
person is going to be removed for a reason of attendance, and
the committee chairman and the Village President were to determine
that that were to happen, then the Board should concur with those
findings. There was no objection to that suggestion.
President Clayton polled the Board: "Yes" indicates favor of
Board concurrence on removal of any commissioner; "No" indicates
opposition:
YES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Gerschefske,
Schwartz
NO: 0 - None
President Clayton polled the Board: "Yes" indicates favor of
requesting the commissions to create guidelines with regard to
attendance, which will be brought to the attention of the Board
members :
YES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske,
Schwartz
NO: 0 - None
Trustee Marienthal reported on the Arlington Heights Plan MC DONALD'S -
Commission meeting regarding McDonald 's directly south of ARLINGTON
Buffalo Grove High School . The subject was deferred until HEIGHTS
February 23, 1983, in order to resolve the traffic pattern
of the restaurant, and in order to get a report from Buffalo
Grove with regard to accidents which have occurred on Dundee
Road. Representatives from Buffalo Grove High School will
be present at the February 23, 1983 meeting. Trustee Marienthal
also reported
p ted that theplan shows removal of one of the planted
p t
medians on Dundee Road. Trustee Marienthal will attend the
February 23, 1983 meeting, and will reiterate Buffalo Grove's
position as set forth in the resolution which was passed
regarding the McDonald 's restaurant on this site.
President Clayton asked if there were any questions from QUESTIONS FROM
the audience. There were none. THE AUDIENCE-
1,,
6145
1/24/83
Mr. Raysa discussed the Letter of Credit, stating that the ORDINANCE #83-6
language that is in the current draft of the Annexation (Spoerlein�Farm)
Agreement sets forth certain requirements in regard to the
Letter of Credit; those additional requirements are:
. . . .that the financial institution issuing the Letter of
Credit has to be of a net asset value acceptable to
the Village attorney
. . . .that there will be no reduction in the Letter of Credit
. . . .terms of the default of the Letter of Credit, i .e. that
the default occurs if the improvements are not completed
by the expiring date of the Letter of Credit, and
formally accepted by the Village of Buffalo Grove.
Mr. Raysa stated that he is comfortable with the current
requirements. It was requested that, regarding the differences
in the library donations, the staff notify the library districts
that this provision is going to be approved.
Moved by Marienthal , seconded by Schwartz, to approve Ordinance
#83-6, approving an annexation agreement (Spoerlein Farm) . Trustee
Stone stated that he does not think that the Village has adequately
protected itself in terms of the phasing of the commercial develop-
ment on this project, and because of that, he is not in favor of
the project, which is why he did not wish to make the motion.
Upon roll call , Trustees voted as follows :
AYES: 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Stone
Motion declared carried.
Moved by Schwartz, seconded by Hartstein, to pass Ordinance ORDINANCE #83-7
#83-7 annexing certain territory to the Village of Buffalo
Grove (Spoerlein Farm) . Upon roll call , Trustees voted as
follows :
AYES: 5 - Marienthal , O' Reilly, Hartstein, Gerschefske, Schwartz
NAYES: 1 - Stone
Motion declared carried.
Moved by O' Reilly, seconded by Marienthal , to pass Ordinance ORDINANCE #83-8
#83-8 amending the Comprehensive Zoning Ordinance of the (Spoerlein Farm)
Village of Buffalo Grove, Cook and Lake Counties (Sporlein
Farm) . Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Gerschefkse, Schwartz
�./ NAYES: 1 - Stone
Motion declared carried.
Mr. Balling pointed out that a Letter of Credit is on file ORDINANCE #83-9
with the Village in the amount sufficient to complete the ('Commons/
improvements. It is the desire of the Village that the PUD Wellington
agreement be backed up with a Letter of Credit that would be Hills)
phased to the improvements identified in the agreement itself.
�rruv
i
I
I
I
I
i
�I
i
I
iI
I
6146
1/24/83
This item has not yet been received by the Village; he suggested
that if the Board is to grant favorable consideration, the
execution of the document be made contingent on the revised
Letter of Credit.
Moved by O' Reilly, seconded by Stone, to defer this subject
until the Village has the revised Letter of Credit in its hands.
Mr. Balling explained that it would be the intent of the Village
to have the Letter of Credit correlate to the phasing of the
park, the aesthetics, and the bridge. Mr. John Mays , attorney
for the developer, stated that he and Mr. Raysa are in agreement
regarding the terms of the Letter of Credit, and that he had
talked with his client this afternoon, but did not have enough
time to get the actual Letter of Credit for tonight's meeting.
Mr. Mays asked that the Ordinance be passed subject to the receipt
of the Letter of Credit. Mr. Balling stated that the language
of the agreement has been accepted, the phasing concept has been
accepted, and Farrington Drive and the bridge have been accepted.
Mr. Mays asked that the Board give the Village Attorney the
discretion to reject the Letter of Credit if it did not meet
his standards.
Mr. Bill Griffin, Vice President of the Hoffman Group, gave a
brief presentation. He stated that the area was previously
known as The Commons; they have changed it to Wellington Hills,
it is located at Route 83 and Buffalo Grove Road. The owner of
the property is First Charter Service Corporation, and the
Hoffman Group is acting as the agent for First Charter. The
Planned Development was originally approved in 1978 with Wilmont
Homes and provided for R-9 PUD zoning, with 103 single family
lots, and 22 townhome lots. Hoffman 's proposed plan deletes
the 22 townhome lots, and substitutes 13 single family lots
of the same size as the rest of the development, leaving a
total of 116 dwelling units, 9 of which have been built by
the previous developer.
Hoffman has added specific timetables in their Planned Develop-
ment Agreement, as follows :
1 . Footbridge across Farrington Creek to the west of the
project is to be completed no later than June 1 , 1983;
2. Farrington Drive from Route 83 to the existing terminus
of Farrington Drive is to be completed by July 1 , 1983;
3. The landscaping of lot 9002 is to be completed no later
than June 15, 1983;
4. The landscaping of lots 9000 and 9001 are to be completed
no later than July 9 3 1 1 8 .
The homes that they will be building were approved by the
Appearance Commission on December 9, 1982 and approved by the
Village Board on December 20, 1982. Mr. Griffin then showed
pictures of the models. He stated that they concurred with all
of the recommendations of the Plan Commission.
6147
1/24/83
Some members of the Board thought that, since there are
definite dates and commitments, if the Letter of Credit is
acceptable to the Village Attorney, the Letter of Credit is
just a formality; other Board members were concerned that
the language is not in final form.
Upon roll call , Trustees voted as follows on the motion to
defer:
AYES : 3 - Marienthal , Stone, O'Reilly
NAYES : 4 - Hartstein, Gerschefske, Schwartz, President Clayton
Motion defeated.
Moved by Hartstein, seconded by Gerschefske, to pass Ordinance
#83-9 providing for a residential planned development (Commons/
Wellington Hills) , contingent on submission of a Letter of
Credit that is satisfactory to the Village Attorney, and
submission of satisfactory title commitment within 14 days.
Upon roll call , Trustees voted as follows :
AYES: 4 - Hartstein, Gerschefske, Schwartz, President Clayton
NAYES: 3 - Marienthal , Stone, O'Reilly
Motion declared carried.
Moved by O'Reilly, seconded by Schwartz, to approve an RESERVOIR #7
expenditure of $34,397.70 for the construction engineering
for Reservoir #7. Mr. Balling explained the changes in the
scope of services of the agreement: Mr. Carlos will be on the
job site 80% of the time for the duration of the contract;
there will be as-built drawings on the site; there will be an
interim exercise and operational procedure memorandum which
will be developed and will be instrumental to the Village in
running the system prior to Lake Michigan water and also in
the operation of the system. There was discussion by the
Board on the pros and cons of this increased cost. Mr. Andy
Kabala of Keifer Engineering discussed the position of Keifer
Engineering.
Upon roll call , Trustees voted as follows on the Motion :
AYES: 4 - Stone, O' Reilly, Schwartz, President Clayton
NAYES: 3 - Marienthal , Hartstein, Gerschefske
Motion declared carried.
Moved by Stone, seconded by Marienthal , to accept the SPOERLEIN/STAHL
Spoerlein/Stahl water easements. Upon roll call , Trustees Water Easements
voted as follows :
AYES: 6 - Marienthal , Stone, O' Reilly, Hartstein, Gerschefske,
Schwartz
NAYES: 0 - None
Motion declared carried.
Cam'
6148
1/24/83
Moved by Stone, seconded by Hartstein, to accept the right-of- ROW DEDICATION -
way dedication, IL Route 83 (Commons/Wellington Hills) . Upon IL ROUTE $3
roll call , Trustees voted as follows: (Commons/--
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Gerschefske, Wellington
Schwartz Hills)
NAYES: 0 - None
Motion declared carried.
Moved by Gerschefske, seconded by Stone, to adjourn the ADJOURNMENT
meeting. Upon roll call , the motion was unanimously declared
carried. The meeting was adjourned at 9:00 P.M.
a 1T atA111.14
Janet P Sirabian, Village Clerk
APPROVED BY ME THIS `1i k DAY
OF aaw4J16 , 1983.
Village resident Pro Tem