1978-06-05 - Village Board Regular Meeting - Minutes 5223
6/5/78
MINUTES OF REGULAR MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS,
HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL,
MONDAY, JUNE 5, 1978
CALL TO In the absence of President Fabish , the regular meeting of the Board
ORDER of Trustees of the Village of Buffalo Grove was called to order by
the Village Clerk at 7:35 P.M.
�-/ ROLL CALL Roll call indicated the following present: Bogart, Marienthal ,
Stone, Mendenhall . Trustee Rech was absent and President Fabish
arrived at 7:40 P.M.
Also present were William Balling, Village Manager; William Raysa,
Village Attorney; Gregory Boysen, Village Engineer; Harry Walsh , Chief of Police;
Thomas Fennell , Director of Planning and Development; William Brimm, Finance
Director; William Sommer, Assistant Village Manager; Dick Kuenkler, Civil
Engineer.
PRESIDENT Moved by Mendenhall , seconded by Stone to appoint Trustee Bogart
PRO TEM President Pro Tem in the absence of the President. Upon voice
vote, the motion passed unanimously.
MINUTES Moved by Mendenhall , seconded by Stone to approve the minutes of
the regular meeting held May 15, 1978, as published. Upon roll
call , the vote was:
AYES: 4 - Bogart, Marienthal , Stone, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
President Fabish arrived at this time.
Moved by Bogart, seconded by Stone to approve the minutes of the
special meeting held May 30, 1978, as published. Upon roll call ,
the vote was :
AYES: 4 - Bogart, Marienthal , Stone, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried
WARRANT Moved by Stone, seconded by Bogart to approve Warrant #382, in
the amount of $139,494.22, and authorize payment of bills listed.
Upon roll call , the vote was :
AYES: 4 - Bogart, Marienthal , Stone, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
TRUSTEE President Fabish appointed Melvin J. Kandel to the vacant Village
APPOINTMENT Trustee position created by Trustee Keister's resignation; term to
be until the next municipal general election. Moved by Mendenhall ,
seconded by Stone to concur with the appointment. Upon voice vote,
the motion passed unanimously.
The Village Clerk administered the oath of office to Mr. Kandel .
5224
6/5/78
PLAN Moved by Mendenhall , seconded by Kandel to concur with the
COMMISSION President 's reappointment of Donna Force to the Plan Commission
APPOINTMENTS for a term to expire April 30, 1981 . Upon voice vote, the motion
passed unanimously.
Moved by Mendenhall , seconded by Kandel to concur with the
President 's reappointment of Barbara Sheldon to the Plan
Commission for a term to expire April 30, 1981 . Voice vote
found the following:
AYES: 3 - Mendenhall , Stone, Kandel
NAPES: 0 - None
ABSTAIN : 2 - Bogart , Marienthal
ABSENT: 1 - Rech
Motion declared carried.
FIRE SERVICE Moved by Marienthal , seconded by Mendenhall to concur with the
COMMITTEE- President 's appointment of Steve Stone, Bob Bogart, Pat Shields ,
APPOINTMENTS and Bill Balling to the Municipal Fire Service Planning Advisory
Committee. Representatives of the Wheeling Fire Protection
District and the Long Grove Fire Protection District and two
citizens will be appointed at a later time. Upon voice vote,
the motion passed unanimously.
YOUTH Trustee Bogart stated that by unanimous vote, the Youth Commission
COMMISSION endorsed STATEMENT IN RESPONSE TO CLARICE RECH'S 7 POINT POSITION
PAPER REGARDING THE BUFFALO GROVE YOUTH CENTER prepared by Frank
Mayfield, Chairman of the Youth Commission , and dated May, 1978.
Since Trustee Rech was absent from the meeting, he requested
no discussion of the paper.
Moved by Bogart, seconded by Mendenhall to make the above mentioned
statement a part of the minutes of this meeting. Upon voice vote, the motion
passed unanimously.
Summary of the statement is as follows: 1) Commission voted
unanimously to start programming and structure simultaneously, but Omni-House
has not yet been able to hire an extremely high quality person for this program.
They expect this to be done soon, 2) Park District has agreed to co-sponsor
any formal recreational activities incident to the Youth Center. The Commission
is investigating avenues of local , state, and federal support. Creation of the
Youth Commission and an active youth program planned by the youth will be the
beginning of youth involvement in many aspects of community planning, 3) Cost
of the building will be $35,000, but donations should reduce the cost by $12,000,
4) 1 ,400 people have contributed money to the Youth Center project, 200 youth
and 50 adults have been involved in fund raiser, 5) Solicitation will be
handled in two steps - President will send letter to business establishments
stating that they will be contacted for donations, but they are not obligated
to donate and would not receive favorable considerations from the Board if
they do, nor would they be penalized if they do not. The Board will not be
furnished with a list of contributors, 6) Many young people have volunteered
time to work for the Youth Center. Programs will be developed for the various
groups of youth, 7) the only Village commitments to on-going expenses is for
utilities and insurance.
5225
6/5/78
INDIAN After discussion, it was decided that the Board would request
TRAILS information from the Indian Trails Library District with regard
LIBRARY to their referendum to be held in August. After review, considera-
REFERENDUM tion will be given to support of the referendum.
ARLINGTON Trustee Bogart noted that the Cook County portion of Arlington
HEIGHTS Heights Road, which is under construction, is in hazardous
ROAD COOK condition and that there was a major accident recently. He
COUNTY POR- suggested the Board give some consideration to requesting Cook
TION) County to close the road and rerouting the traffic.
After discussion, Mr. Balling was asked to contact the contractor
with regard to minimum width of the road and pavement marking.
Moved by Bogart, seconded by Marienthal to request Cook County
to close Arlington Heights Road from Lake-Cook Road south to Dundee Road.
Chief Walsh was concerned with rerouting traffic through a
residential area. He felt people will have to realize the road is under
construction and use good common sense in driving the road. Closing the road
would increase response time for emergency vehicles.
Upon roll call , the vote was:
AYES : 1 - Bogart
NAYES : 4 - Marienthal , Stone, Mendenhall , Kandel
ABSENT: 1 - Rech
Motion -a d ,
Trustee Marienthal stated his negative vote was based on Chief
Walsh's comments.
YOUTH The Board reviewed a draft letter from the President to local
COMMISSION businesses regarding donations to the Youth Center. All agreed
the letter should be sent.
QUESTIONS
FROM THE There were no questions from the audience.
AUDIENCE
ORDINANCE Moved by Mendenhall , seconded by Bogart to pass Ordinance #78-44,
#78- Z ANNUAL APPROPRIATION ORDINANCE. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried
LAKE MICHIGAN Moved by Mendenhall , seconded by Bogart to accept the Keifer and
WATER FEASI- Associates Report of May, 1978, concerning Lake Michigan Water
BILITY STUDY reasibility Study as a policy statement and planning tool for the
Village of Buffalo Grove. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
5226
6/5/78
MUNICIPAL FIRE Moved by Mendenhall , seconded by Bogart to adopt the planning
PREVENTION AND process outlined in the Municipal Fire Service report, dated
CONTROL MASTER May 16, 1978, and discussed by the Board at the May 22, 1978,
PLANNING STUDY Committee of the Whole meeting.
VEHICLE/ENGIN- Moved by Mendenhall , seconded by Bogart to accept the bid of
EERING SERVICES Sorensen Chevrolet for one 1978 Chevette, in the amount of
AND COMMUNITY 2 81 . 8 and one 1 8 Blazer with folding,9 3 97 rear seat and AM
DEVELOPMENT radio, in the amount of $6,495.08. Sorensen was the only bid
received. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
POLICE RADAR Moved by Mendenhall , seconded by Bogart to waive bidding and
UNIT authorize purchase of one K-R Traffic Radar System and one K-R-11
tracker for a total price of $3,285. Upon roll call , the vote
was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
WELL #4 Moved by Mendenhall , seconded by Bogart to authorize a contract
GEOLOGICAL with Keifer and Associates for the geological survey with an
CONTRACT expense not to exceed $2,400 and to complete the well repairs
which will be identified subsequent to that study utilizing
funds budgeted in Account #491-514 reserved for emergency well
repairs ($50,000) in the 1978-79 budget. Upon roll call , the
vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE Moved by Marienthal , seconded by Mendenhall to pass Ordinance
#78-45 #78-45, AN ORDINANCE APPROVING ANNEXATION AGREEMENT AND DIRECTING
EXECUTION THEREOF BY THE PRESIDENT AND CLERK OF THE VILLAGE OF
BUFFALO GROVE (Arlington Country Club Condominiums) subject to
approval of Village Attorney and Village Manager. Property is
approximately 5.63 acres on Dundee Road approximately 1100' east
of Buffalo Grove Road.
Hans Rubner, 861 Saxon Place, asked if the plans for this
property is consistent with the Master Plan. President Fabish stated the
Master Plan designates this property as multiple family, and that the requested
use for this property complies.
Mr. Rubner felt that since single family is across Dundee from
the subject property, single family would be the appropriate zoning. Trustee
Marienthal noted that when Cambridge on the Lake was developed, single family
homeowners were concerned it would effect the value of their homes , but this
has not happened. Trustee Mendenhall felt there should be no single family on
Dundee because with multiple family, it is possible to build further back from
the road.
5227
6/5/78
Mr. Rubner was concerned that cars from another 100 families
would compound the difficulty of entering Dundee Road.
In response to a question from an unidentified Wheeling
resident, it was stated that the eastern building would be 110' from the
property line, there would be no road along the east boundary, and there will
be a sidewalk along Dundee to St. Armond Lane. Trustee Kandel stated that the
Village received a letter from the representative of Wheeling thanking the Village
for their efforts to satisfy the residents of Wheeling.
A letter, dated June 5, 1978, from Jack Metzger, 46 Holly Court,
Wheeling, was presented to the Board. The letter outlined concerns of the
residents of Highland Glen with regard to subject development.
Mr. Raysa noted that Section 21 of the annexation agreement
gives the owner the right of disconnection if the contract purchaser does not
purchase according to the option within four months of the date of the agreement.
Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE Moved by Marienthal , seconded by Bogart to pass Ordinance #78-46,
#78-4-6 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO
GROVE, ILLINOIS (Arlington Country Club Condominiums) subject to
verification of the legal description. Upon roll call , the vote
was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE Moved by Marienthal , seconded by Mendenhall to pass Ordinance #78-47,
#18-47 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS
(Arlington Country Club Condominiums) subject to verification
of the legal description. Ordinance zones the property as set
forth in annexation agreement. Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
ORDINANCE Moved by Marienthal , seconded by Mendenhall to pass Ordinance
#7 --41 #78-41 , AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (Anden
Corp.) AND AMENDING THE COMPREHENSIVE ZONING ORDINANCE, and
approve the Planned Development Agreement, dated revised 6/5/78,
subject to review of the Village Attorney and updating of
paragraph 6 to provide that prior to final plat approval of
phase I , the problem of recapture will be resolved between
Centex and Anden. Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
5228
6/5/78
RECESS At 8:50 P.M. the President declared a recess, and at 9:00 P.M.
the meeting resumed.
RESOLUTION Mr. Boysen reviewed his memo, dated June 1 , 1978, regarding the
#78-18 need for a sanitary sewer rehabilitation study and recommenda-
tion to hire Warren & Van Praag, Inc. as engineering consultant.
Cost of the study would be $152,100, with 75% being financed with
a federal E.P.A. grant. Total cost to the Village would be $37,850.00 plus
$700 for filing the grant application which will be paid in two fiscal years.
Contract provides that survey would not begin until E.P.A. grant is approved.
Moved by Stone, seconded by Mendenhall to pass Resolution #78-18,
A RESOLUTION ACCEPTING THE CONTRACT FOR ENGINEERING SERVICES FOR THE SEWER SYSTEM
EVALUATION SURVEY FOR THE VILLAGE OF BUFFALO GROVE, subject to the total expense
in this fiscal year to be $25,000. Upon roll call , the vote was :
AYES : 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
PLAZA VERDE/ Trustee Marienthal stated that the Plan Commission, by a 3 to 1
HOME FEDERAL vote recommended rejection of the request to change the Plaza
BUILDING Verde Phase II plan by moving the approved savings and loan
building site to a site along Dundee Road. He then referred to
a report, dated May 1 , 1978, from Bart Delaney and reports
dated June 1 and May 23, 1978, from James Truesdell , Staff Planner, regarding
set-backs of commercial establishments in Plaza Verde and in other centers
along Dundee Road.
Steve Goldspiel , Plan Commissioner, stated the following items
should be considered, 1) how much closer the proposed building is to Dundee
Road than any other in Plaza Verde and in other shopping centers , 2) signs,
and 3) traffic.
Ronald Grais, attorney representing the owners of the shopping
center, reviewed the approved plan. He felt it would be a mistake to locate
the savings and loan in the approved location because 1) the savings and loan
traffic should be separated from the commercial traffic, and 2) the savings
and loan building would block the other commercial buildings from being visible
from Dundee Road and from other buildings in the shopping center. He then
reviewed the proposed plan and showed how he felt it would alleviate the traffic
and parking congestion, would create a better situation with regard to visibility
of the commercial buildings, would be more attractive, and would create a better
pedestrian flow pattern.
In response to Plan Commission concerns, Mr. Grais presented
another proposal . On this plan, the ingress lane of traffic was increased to
be able to contain 29 stacked cars, parking was moved to the south of the
building, more green area was provided, and building located 46' from Dundee
Road.
Doug Madel , architect of Brim/Braun Associates, reviewed the
building plans.
5229
6/5/78
Moved by Marienthal , seconded by Mendenhall to approve the
alternate Home Federal Savings/Plaza Verde Phase II site plan, dated April 20,
1978. Trustee Marienthal noted that this is not the plan rejected by the
Plan Commission. Upon roll call , the vote was :
AYES: 4 - Bogart, Marienthal , Stone, Mendenhall
NAYES: 1 - Kandel
ABSENT: 1 - Rech
Motion declared carried.
LEXINGTON Moved by Kandel , seconded by Bogart to approve preliminary plat
HILLS PRE- for Lexington Hills subject to correcting Note #2 by changing
LIMINARY PLAT the words "plat of subdivision" to "plan of development". Upon
roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
NORTHWEST President Fabish reviewed a letter, dated May 31 , 1978, from
MUNICIPAL the Northwest Municipal Conference with regard to expanding the
CONFERENCE membership to include "North Shore" communities. He then polled
the Board, "Yes" indicating favor of expanding the membership,
and "No" indicating opposition. The poll found the following:
YES: 4 - Bogart, Stone, Mendenhall , Kandel
NO: 1 - Marienthal
ABSENT: 1 - Rech
LIQUOR James Coconas, President of Kenroy Management Company, reviewed
LICENSE his letter, dated May 15, 1978, in which he requested the Board
to consider some type of revision of the Liquor Control Ordinance
in order to accommodate a liquor license for Walgreen 's who plan
to locate in the Buffalo Grove Mall if a liquor license can be obtained. He
suggested the following possible methods , 1) lower population requirement per
license for the Class D catagory, thus permitting one more license, or 2) create
an additional classification for stores in which the majority of their sales
volume is accomplished through sales of goods other than liquor. He then reviewed
information with regard to number of licneses and methods of issuing liquor
licenses in nearby communities.
In response to questions, Mr. Coconas stated that their lease
with Bell Liquors states that another store in the Mall can have a liquor
department.
Charles Yaculla of Bell Liquors felt an independent operator
is better able to handle a controlled substance. He felt people who handle
liquor as their primary product have more expertise in the federal , state,
and local liquor controls. Pasquale Zambreno, attorney for Walgreens, stated
that Walgreens is one of the largest liquor retailers in the country
and have expertise on the subject. Lengthy discussion followed.
President Fabish polled the Board, "Yes" indicating favor of
expanding the number of Class D liquor licenses by one additional , and "No"
indicating opposition. The poll found the following:
YES: 4 - Bogart, Marienthal , Mendenhall , Kandel
NO: 1 - Stone
ABSENT: 1 - Rech
5230
6/5/78
Moved by Marienthal , seconded by Kandel to direct the Village
Attorney to prepare an amendment to the Liquor Control Ordinance to provide
that the number of Class D licenses be one for the first 5,000 inhabitants
and one additional license for each additional 5,000 inhabitants or fraction
thereof, and no change in fee. Upon roll call , the vote was:
AYES: 4 - Bogart , Marienthal , Mendenhall , Kandel
NAYES: 1 - Stone
ABSENT: 1 - Rech
Motion declared carried.
TOWN CENTER Moved by Mendenhall , seconded by Bogart to authorize preparation
TOPOGRAPHIC of a topographic survey for the entire Town Center site for a
SURVEY cost not to exceed $2,500. Upon roll call , the vote was :
AYES: 4 - Bogart , Stone, Mendenhall , Kandel.
NAYES: 1 - Marienthal
ABSENT: 1 - Rech
Motion declared carried.
LAKE COOK AND Moved by Marienthal , seconded by Kandel to refer to the Plan
ARLINGTON Commission a request of Acontec Inc. and the Bank of Buffalo
HEIGHTS ROAD/ Grove for a change in plan of development for property located
SOUTHEAST at the southeast corner of Lake-Cook and Arlington Heights Roads.
CORNER Upon roll call , the vote was :
AYES: 5 - Bogart , Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
2413 DUNDEE Ilene Wolf, attorney representing Rodger Peters, was present
ROAD/WATER to request relief in her client 's water bill , in the amount of
BILL $1 ,466.47. Property has been connected to Village water system
for approximately 10 years, but until recently the staff was
unaware. When it was detected, the staff prepared a bill
based on average use, and placed a lien on the property.
Ms. Wolf felt that since the developer was to pay the connection
fee, Mr. Peters should not be charged. Mr. Peters stated that he already had
paid that $690.
Ms. Wolf felt that since the Peters have owned the property
only since September 20, 1968, they should not be charged for the one year of
service before that. She stated that the Peters were paying property taxes
to the Village without receiving services and should receive some consideration
for that.
Ms. Wolf requested there be a reduction in the amount of water
bill , some "set-off" because of prior taxes paid with no services rendered,
and elimination of the connection fee. Lengthy discussion followed.
Moved by Bogart , seconded by Mendenhall to waive the late
charge of $130 as well as the one year water use of $133 for a total waiver
of $263. Upon roll call , the vote was :
i
5231
6/5/78
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Rech
Motion declared carried.
EXECUTIVE Moved by Mendenhall , seconded by Bogart to adjourn to executive
SESSION session to discuss land acquisition. Upon voice vote, the
motion passed unanimously. Time: 11 :50 P.M.
lL (//27
Verna L. tlayton, Village Clerk
APPROVED BY ME THIS /9 DAY
OF 1978.
L<;" (2
Village President