1978-05-01 - Village Board Regular Meeting - Minutes 5206
5/1/78
MINUTES OF REGULAR MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE,
ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, MONDAY, MAY 1 , 1978
CALL TO ORDER The regular meeting of the Board of Trustees of the Village
of Buffalo Grove was called to order by Village President
Edward A. Fabish at 7:40 P.M.
ROLL CALL Roll call indicated the following Trustees present: Rech,
Bogart, Marienthal , Keister, Stone, Mendenhall
Also present were William Balling, Village Manager; William Raysa, Village
Attorney; Harry Walsh, Chief of Police; Gregory Boysen, Village Engineer;
Thomas Fennell , Director of Community Development; William Sommer, Assistant
Village Manager; Richard Kuenkler, Civil Engineer; and James Truesdell , Staff
Planner.
MINUTES Moved by Marienthal , seconded by Bogart to approve the minutes
of the regular meeting held April 17, 1978, as published.
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
ABSTAIN : 1 - Rech
Motion declared carried.
Moved by Rech, seconded by Stone to approve the minutes of
the special meeting held April 24, 1978, as published. Upon
roll call , the vote was:
AYES: 4 - Rech, Bogart, Marienthal , Stone
NAYES: 0 - None
ABSTAIN : 2 - Keister, Mendenhall
Motion declared carried.
DRAINAGE President Fabish stated that at the workshop meeting of April
PROBLEM 24, 1978, the Board reviewed the rear yard drainage problem
205 University) at 205 University Drive. A polling of the Board (1 -3) deter-
mined that they did not want to commit to resolving this
problem because it was not regional in nature and would benefit
several private properties only. But, because two Trustees
were absent, President Fabish invited the property owners to
present their problem to the entire Board this evening.
Peter Kasdin, 225 University Drive, requested the Board to
take steps to resolve the subject drainage problem because the water ponds
creating a safety hazard for children and a breeding ground for mosquitoes.
He noted that in the past, the Village resolved a similar problem on Downing
Road.
It was noted that this is the first time a problem of this
nature has been brought to the Board. In the past, there was no policy, therefore
the staff decided if a drainage problem required Village intervention. It was 1
felt that if the Village corrects this individual problem, there would be a
large number of requests from citizens experiencing similar problems.
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It was determined that estimated cost of correcting this
drainage problem minus cost of landscaping would be $2,017.80.
Moved by Bogart, seconded by Mendenhall to approve the
request of Mr. and Mrs. Kilgallon for the Village to correct the rear yard
drainage problem at 205 University Drive, cost of $2,017.80 to be shared on
a 50-50 basis with the property owners. After lengthy discussion, roll call
found the following:
AYES: 1 - Bogart
NAYES: 5 - Rech, Marienthal , Keister, Stone, Mendenhall
Motion defeated.
BLOOD DONOR Moved by Marienthal , seconded by Rech to concur with the
COMMISSION President 's reappointment of the following people to the
Community Blood Donor Commission for the specified terms:
Harry Wolter April 30, 1981
Sylvia Bogart April 30, 1981
Carol Lauter, as April 30, 1979
Chairman
Upon voice vote, the motion passed unanimously.
ENVIRONMENTAL Moved by Rech, seconded by Mendenhall to concur with the
CONTROL President 's reappointment of Marie Weber to the Environmental
COMMISSION Control Commission for a term to expire April 30, 1981 . Upon
voice vote, the motion passed unanimously.
Ms. Weber stated that the Commission 1 ) has been studying
solar energy for the Town Center, 2) feels recycling center should be re-
instated, and 3) recommended the Board consider an ordinance regarding self
service gasoline stations . Mr. Balling stated that an ordinance regarding
self service stations will be on the agenda May 15.
YOUTH Moved by .Bogart, seconded by Mendenhall to concur with the
COMMISSION ' President 's reappointment of Lisa Wedder, Karon Wessel , and
Cindy Miraflor to the Youth Commission for terms to expire
April 30, 1979. Upon voice vote, the motion passed unanimously.
NIPC 208 PLAN Gary Papke of the Northeastern Illinois Planning Commission
reviewed their "208" plan (clean water plan for the Upper
Des Plaines River Basin) and how it may effect Buffalo Grove.
It will involve municipalities to the extent that they are
involved in waste water treatment, regulations of development, and kinds of
public service activities that might remove portions of the urban storm water
pollution. A draft document will be available this week for public dis-
tribution, public hearings on the plan will be held in June, final adoption
by NIPC in July, and then transmittal to the Governor. The Governor has
120 days to certify the plan. NIPC will recommend that municipalities take
certain measures to remove between 25% and 500 of pollutants now carried in
storm water. Several different methods of coordination of the program have
been recommended.
Trustee Rech stated that the Flood Control Committee has been
working on a Sediment and Erosion Control Ordinance. She asked that they be
contacted to determine when a recommendation would be ready for Board con-
sideration. She also felt the Board should consider adoption of an ordinance
banning use of high-phosphate detergents.
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NIPC Trustee Marienthal reported that he attended the NIPC public
HOUSING hearing held on April 26 regarding their Housing and Land Use
AND LAND Plan. At that time he presented Resolution #78-9, with
USE PLAN supplemental resolutions and correspondence, and the Village's
statement with regard to the plan. He said representatives
of Long Grove and Mundelein were present to oppose extension of Route 53 north
of Dundee Road. NIPC recommendations will be finalized in June.
Trustee Rech was concerned that there are no plans to extend
Route 53 to Lake Cook Road. She felt the Village should prepare a position
paper on the matter.
NIPC Trustee Rech reported that at the NIPC public hearing held
REGIONAL on April 26 regarding their Regional Water Supply Plan, she
WATER SUPPLY entered into the record Village Resolution #78-10 and made
PLAN a statement with regard to reasons it is important for the
Village to be able to exercise the most cost effective option
to transmit Lake Michigan water to the Village. She asked
the Commission to defer action one week until the Village's
feasibility study is complete.
ARLINGTON Mr. Balling reported there will be a public hearing at the
HEIGHTS ROAD Village Hall on May 10 regarding the negative declaration
(Lake County) report for the Arlington Heights Road improvement (Lake
County portion) . Trustee Mendenhall will be the presiding
officer.
SHARE +3 Mr. Balling stated that he and President Fabish would be
attending a Share +3 Council of Mayors meeting on Wednesday,
May 3, in Elk Grove Village.
CENSUS The Village Clerk reported that a representative of the U.S.
Bureau of the Census will report to the Village on May 8 to
begin work on the special census requested by the Village.
RESOLUTION Moved by Mendenhall , seconded by Stone to pass Resolution
#78-11 #78-11 , A RESOLUTION AUTHORIZING EASEMENTS (GREEN KNOLLS) .
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES : 0 - None
Motion declared carried.
ORDINANCE Moved by Mendenhall , seconded by Stone to pass Ordinance
#78-37 #78-37, AN ORDINANCE ESTABLISHING THE CONPENSATION FOR THE
VILLAGE MANAGER. Upon roll call , the vote was:
AYES : 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
ORDINANCE Moved by Mendenhall , seconded by Stone to pass Ordinance
#78-32 #78-32, AN ORDINANCE AMENDING ORDINANCE #77-61 BEING AN
ORDINANCE FOR THE CREATION OF A YOUTH COMMISSION. Ordinance
expanded membership to 13. Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
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ORDINANCE Moved by Marienthal , seconded by Keister to pass Ordinance
#78-34 #78-34, AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE
OF BUFFALO GROVE, ILLINOIS (Henderson-Koch Property) , with the
following changes:
1 . Fourth whereas clause - change "Vernon Area" to "Indian
Trails".
2. List beneficiaries of Trust.
Upon roll call, the vote was :
AYES: 5 - Bogart, Marienthal , Keister, Mendenhall , Fabish
NAYES: 2 - Rech, Stone
Motion declared carried.
ORDINANCE Moved by Marienthal , seconded by Keister to pass Ordinance
#78-35 #78-35, AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE
OF BUFFALO GROVE, ILLINOIS. Ordinance zoned Henderson-Koch
property to a General Planned Unit Development District in
the B-1 and R-9 (Special Use GPO Classification, with the
following changes:
1 . Add section to provide that any change in use, location of
buidings, or size of buildings on Parcel C-1 must be
approved by a 2/3 vote of the corporate authorities.
2. Recite specific numbers with regard to density, floor area,
percentage of development, and types of businesses as
shown on the site plan.
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Keister, Mendenhall , Fabish
NAYES: 2 - Rech, Stone
Motion declared carried.
ORDINANCE Moved by Keister, seconded by Stone to pass Ordinance #78-36,
#78-36 AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS. Ordinance
provides for charging subdividers for pavement evaluation.
Upon roll call, the vote was:
AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
RECESS The President declared a recess which lasted from 9:30 P.M.
until 9:45 P.M.
DRUG The Board reviewed ordinances from Hoffman Estates, Park
PARAPHERNALIA Ridge, and Palatine which regulate the sale of drug parapher-
.1 ORDINANCE nalia. Mr. Raysa stated the Palatine ordinance makes the
paraphernalia illegal to sell in certain zoning districts,
the Park Ridge ordinance makes possession and sale illegal ,
and the Hoffman Estates ordinance entails a licensing
restriction. He noted there is a suit against the Palatine
ordinance, and the Park Ridge ordinance has been shelved
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RESOLUTION Moved by Mendenhall , seconded by Stone to pass Resolution
#78-12 #78-12, A RESOLUTION ADOPTING A POLICY CONCERNING MUNICIPAL
PARTICIPATION IN DRAINAGE IMPROVEMENTS. Upon roll call , the
vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
RESOLUTION Moved by Mendenhall , seconded by Stone to pass Resolution
#78-13 #78-13, a M.F.T. resolution authorizing 1978 Street Evalua-
tion Program. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
ENGINEERING Moved by Mendenhall , seconded by Stone to authorize solicita-
SERVICE tion of bids for a 1/2 ton 4-wheel truck for Engineering
VEHICLE Services . Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
YOUTH CENTER/ Moved byMendenhall , seconded byStone to waive municipal fees
P
FEE WAIVER in conjunction with the design review and construction of the
Youth Center. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
ORDINANCE During the discussion of the Henderson-Koch annexation
#78-33 agreement (property located north of Lake-Cook Road between
Hender-Koch Route 83 and Weiland Road) the following changes were made:
Annexation
Agreement) 1 . Beneficiaries of the trust to be listed in first paragraph,
Section 26, and on signature page for execution.
2. Section 1 , last sentence - add "except where stated in
Section 24".
3. Section 6b - Attorney to provide wording to provide that
any change in use, size of buildings or location of
buildings on Parcel C-1 would have to be approved by a
2/3 vote of the corporate authorities.
4. Section 16 - change School District #96 to #102.
5. Section 18 - change the word "houses" to "structures".
6. Section 19 - change annexation fee to $100 per dwelling
unit and delete commercial annexation fee.
7. Section 20 - recite specific numbers with regard to density,
floor area, percentage of development, and types of
businesses as shown on site plan.
8. Section 25 - change effective time of agreement to 5 years.
9. All revisions recommended in Mr. Balling's memo, dated
April 27, 1978.
Moved by Marienthal , seconded by Keister to pass Ordinance
#78-33, AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING EXECUTION
THEREOF BY THE PRESIDENT AND CLERK OF THE VILLAGE OF BUFFALO GROVE (Henderson-
Koch Property) . Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Keister, Mendenhall , Fabish
NAPES: 2 - Rech, Stone
Motion declared carried.
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temporarily. He did not feel this type of ordinance would withstand a
constitutional test. With regard to the Hoffman Estates ordinance, Mr.
Raysa noted that Hoffman Estates is a home rule community, and he was not
sure if Buffalo Grove, being a non-home rule community, would have the
licensing powers to enact that type of ordinance. Mr. Raysa was asked to
investigate and determine if Buffalo Grove has the powers to enact an ordinance
similar to Hoffman Estates.
Moved by Bogart, seconded by Mendenhall to direct the Village
President to send a letter to Buffalo Grove businesses that sell drug parapher-
nalia asking that they immediately cease and desist the sale of these items.
Upon voice vote, the motion passed unanimously.
President Fabish polled the Board, "Yes" indicating favor of
the Village Attorney preparing a licensing ordinance, patterned after Hoffman
Estates ' , if he determines that Buffalo Grove has the powers to enact such an
ordinance, and "No" indicating opposition. The poll found the following:
YES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NO: 0 - None
President Fabish said the Northwest Municipal Conference will
be discussing drug paraphernalia at their meeting on May 10.
JULY 4 Moved by Stone, seconded by Rech that July 3 and 4 be
HOLIDAY recognized as holidays for municipal employees. It was noted
that this is not a permanent extension of benefits, but would
be granted because the half day Christmas Eve holiday was
negated for two years since it fell on a week end.
Trustee Mendenhall was opposed to the idea because he felt
citizens would resent it.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Stone
NAYES: 1 - Mendenhall
Motion declared carried.
Moved by Stone, seconded by Rech to cancel the regular
Village Board meeting scheduled for July 3, 1978. Upon roll
call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAPES: 0 - None
Motion declared carried.
YOUTH Trustee Rech read a statement outlining her concerns on the
�./ COMMISSION Youth Center as follows: 1) should begin with programs
before capital expenditures, 2) felt Park District and
townships should share in this enterprise, 3) cost of
project is unknown, 4) does not have broad community based support, 5) funds
will be solicited from entities doing business with the Village, 6) teen-
agers as a group have not initiated fund raising efforts, 7) doubtful if
building can be built for the committed $23,500, 8) commitment is extreme
in terms of liability and on going expense, and 9) without long term support,
the project will not succeed.
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Moved by Bogart, seconded by Stone to accept the Buffalo
Grove Youth Commission annual report. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 1 - Rech
Motion declared carried.
Moved by Bogart, seconded by Mendenhall to accept the
structural concept of the Youth Center. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: I - Rech
Motion declared carried.
Moved by Bogart, seconded by Mendenhall to endorse the
proposed site behind the Village Hall for the Youth Center. Upon roll call ,
the vote was:
AYES : 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
GREG BUILDERS The Board reviewed a Rezoning application from Gregg Builders
B. G. UNIT I for approximately 8.7 acres located south of Lake Cook Road
and east of Raupp Boulevard. Request was to change zoning
from R-3 special use to B-2 and R-9. Trustee Marienthal did
not feel the application should be referred to the Plan
Commission becuase he did not feel commercial should be located on the interior
of a residential area surrounded by park and municipal buildings. He felt
commercial in this area would defeat the Town Center. He noted that this
would be a change in the Master Plan.
Moved by Marienthal , seconded by Mendenhall to reject
referral of this rezoning application to the Plan Commission. Upon roll call ,
the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES: 0 - None
Motion declared carried.
Trustee Rech noted that this area is designated as green
space on the Master plan ; therefore, she requested that the Park District
be contacted to determine if they are interested in acquiring the property
as public open space.
PLAZA The Board reviewed plans submitted by the owners of the
VERDE Plaza Verde Shopping Center to relocate the Home Federal
Savings building from the location approved in September
of 1976 forward and transferring the originally approved
parking behind the building rather than in front.
Trustee Marienthal felt the matter should be referred to
the Plan Commission becuase it is a change in original plan and because the
proposed location is on Dundee Road.
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Moved by Marienthal , seconded by Mendenhall to refer to the
Plan Commission the change in plan requested by the owners of Plaza Verde
Shopping Center.
Marvin Hymen , one of the owners, reviewed reasons he felt
the proposed location is better than the one that was approved.
In response to a plea from Mr. Hymen, Trustee Marienthal
stated that this matter will not require another public hearing, but the
Board wants a review and recommendation by the Plan Commission with regard
�•/ to exact location. The Board agreed with this statement.
Upon roll call , the vote was :
AYES: 5 - Rech , Marienthal , Keister, Stone, Mendenhall
NAYES: 1 - Bogart
Motion declared carried.
For the record, Trustee Mendenhall stated that when this
matter is referred to the Plan Commission, there is no need for a public
hearing. It was felt that, in this instance, the change should be con-
sidered a minor one. The Board requested the Plan Commission recommendation
as soon as possible.
YOUTH Moved by Bogart, seconded by Stone to refer the Youth
CENTER Center application for rezoning to the Plan Commission for
a public hearing on the rezoning and to the Zoning Board of
Appeals for a public hearing on the special use. Request
is for rezoning from R-1 to R-8 special use. Property
located behind Village Hall . Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYES : 0 - None
Motion declared carried.
EXECUTIVE Moved by Bogart, seconded by Mendenhall to adjourn to
SESSION executive session to discuss land acquisition. Upon voice
vote, the motion passed unanimously.
ime: 11 . �.
Verna L. Clayton, Village erk
APPROVED BY THIS THIS %L3 DAY
OF , 1978.
l _1.' � .� (, ,ram'
Village President