1978-07-10 - Village Board Regular Meeting - Minutes 5241
7/10/78
MINUTES OF THE REGULAR MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS,
HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL,
MONDAY, JULY 10, 1978
CALL TO The regular meeting of the Board of Trustees of the Village of
ORDER Buffalo Grove was called to order by President Edward A. Fabish
at 7:35 P.M.
ROLL CALL Roll call indicated the following present: President Fabish;
Trustees Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel .
Also present were William Balling, Village Manager; William Raysa, Village
Attorney; Thomas Fennell , Director of Planning and Development; Gregory Boysen,
Village Engineer; William Brimm, Finance Director; William Sommer, Assistant
Village Manager; and Dick Kuenkler, Civil Engineer.
MINUTES Moved by Marienthal , seconded by Mendenhall to approve the minutes
of the regular meeting held June 19, 1978, as published. Upon roll
call , the vote was :
AYES: 4 - Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSTAIN: 2 - Rech, Bogart
Motion declared carried.
Moved by Bogart, seconded by Kandel to approve the minutes of the
special meeting held June 26, 1978, as published. Upon roll call ,
the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSTAIN: 1 - Rech
Motion declared carried.
PROCLAMA- President Fabish proclaimed the week of July 16, 1978, as glaucoma
TION week in Buffalo Grove and called upon citizens to join in observance
by having their eyes screened for glaucoma on July 17 at Alcott School .
YOUTH Upon recommendation of the Youth Commission, President Fabish appointed
COMMISSION Gina Gaudio, Brett Samsky, and Steve Turf to the Youth Commission for
APPOINT- a term to expire April 30, 1979. Moved by Bogart , seconded by
MENTS - Marienthal to concur with the President's appointments . Upon voice
vote, the motion passed unanimously.
BUFFALO President i F b a sh presented Buffalo
a Grove parade s float awards
`.J GROVE to the following: Koenig and Strey for most original , Buffalo
DAYS National Bank for presidential award, and Home Federal Savings
FLOAT and Loan for most outstanding.
AWARDS
Trustee Marienthal read certificates of appreciation for all the
parade backers and stated they would be mailed.
BOARD OF Upon recommendation of the Board of Health, President Fabish re-
HEALTH appointed Dr. Alan Lauterto PP the Board of Health for a term to
APPOINT- expire April 30, 1981 . Moved by Rech, seconded by Mendenhall to
MENT concur with the appointment. Upon voice vote, the motion, the
motion passed unanimously.
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7/10/78
SWANSON/ President Fabish referred to a recent article in the Buffalo Grove
SCHOLZ Herald which stated that, in executive session, the Village Board
PROPERTY considered purchasing the Swanson/Scholz property located at the
SOUTHEAST southeast corner of Arlington Heights and Checker Roads. He asked
CORNER Trustee Rech if she had revealed this information to the reporter.
ARLINGTON Trustee Rech stated that she had not violated this executive
HEIGHTS AND priviledge and resented a reflection of this type on her integrity.
CHECKER RDS. Tom Moore, Herald reporter, stated that Trustee Rech had not divulged
this information . President Fabish stated that he had been directed
by the Board to negotiate open space with the owner of this property,
and the news article was harmful to the negotiation. Trustee Rech
stated that she had been concerned about preserving this property
for open space since 1972 when she was on the Plan Commission.
TRANSPORTA- President Fabish proposed that the Transportation Committee be
TION made a commission to monitor the R.T.A. and public transportation
COMMITTEE in Buffalo Grove. The Board concurred with this proposal , and it
was decided to place the matter on the next agenda.
COMMITTEE/ Trustee Stone reported that the Blue Ribbon Committee to study
PURCHASE the acquisition of the Swanson/Scholz property met on Friday,
OF SWANSON/ July 7, 1978, and determined the "asking" price of the owner to
SHOLZ be $1 ,300,000, but Committee members felt it could be purchased
PROPERTY for less. The Committee requested Board approval to expend
approximately $1 ,800 to obtain an appraisal of the property.
In response to a question from Trustee Bogart, Mr. Brimm stated
that to purchase the property for $1 ,300,000 over a 15 year period, it would
cost the property owner, in the first year, $1 .85 per $1 ,000 of assessed
valuation and $.68 per $1 ,000 in 1993. Trustee Rech stated application would
be made to the State to defray half the cost of the property. She stated that
an appraisal is needed in order to apply for the grant.
At Trustee Rech's request, President Fabish polled the Board to
determine if they wished to see the property as open space or developed. The
poll found the following:
OPEN SPACE: 2 - Rech, Stone
DEVELOPED: 4 - Bogart, Marienthal , Mendenhall , Kandel
Several Trustees felt this was an unfair question, and it should
have been "Does the Board want to $
expend $1 ,800 for an evaluation of the
p
property?"
Moved by Rech, seconded by Stone to authorize expenditure of
$1 ,800 for an appraisal of the 39.8 acres located at the southeast corner of
Arlington Heights Road and Checker Road.
Gary Walsh, 319 Checker Drive, presented a statement outlining
reasons for the interest in securing the property and requesting an appraisal
of the property. Lengthy discussion followed with many citizens participating.
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
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7/10/78
Several Trustees suggested the citizens group approach the Park
District for acquisition of this property since open space and recreation is
their responsibility.
It was requested that the next committee meeting be publicized.
In response to a question from Trustee Rech, Mr. Raysa stated that
the Village Board, through the Village President, lets the contract for the
appraiser. Mr. Balling stated that this will be placed on the July 17 agenda.
In response to questions, Mr. Raysa stated that the Village must
have title to the land before they can apply for a grant.
RECESS The President declared a recess at 9:00 P.M. The meeting resumed
at 9:25 P.M.
Mr. Balling stated that before the developer can build on the
Swanson Scholz property, he must 1) receive final plat approval
which requires Plan Commission recommendation and Village Board approval ,
2) plat must be recorded, and 3) water and sewer permits and building permits
issued.
ORDINANCE Moved by Mendenhall , seconded by Kandel to pass Ordinance #78-3A,
#78-3A, 4-A, 5-A, AN ORDINANCE AMENDING ORDINANCES NUMBERS 78-3, 78-4,
4-A, 5-A and 78-5 (CARLEY) . Ordinance corrected typing error in legal
description. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
RESOLUTION Moved by Mendenhall , seconded by Kandel to pass Resolution #78-26,
#78-26 establishing 1978 prevailing wages as statutorily required. Upon
roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
RESOLUTION Moved by Mendenhall , seconded by Kandel to pass Resolution #78-27,
#78-27 a resolution which authorizes the 1_978 MFT resurfacing and recon-
struction program. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
ORDINANCE Moved by Bogart, seconded by Kandel to pass Ordinance #78-54, AN
#78-54 ORDINANCE AMENDING THE BUFFALO GROVE ZONING ORDINANCE OF 1961 AS
AMENDED (YOUTH CENTER) . Ordinance rezoned the Village Hall
property to the R-8 Zoning District with a special use for the
Youth Center. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
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7/10/78
ORDINANCE Moved by Marienthal , seconded by Mendenhall to pass Ordinance
#78-55 #78-55, AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (Strathmore
STRATHMORE Estates AND AMENDING THE COMPREHENSIVE ZONING ORDINANCES subject
ESTATES PUD) to staftrecommendation and execution.
At Mr. Raysa 's suggestion, the following changes to the Planned
Development Agreement were made:
1 . Add an exculpatory clause releasing LSI from liability if
Levitt Land guaranteed performance of the agreement.
2. Page 3 - third line from bottom - change "as may be in effect
as of the date of this Agreement" to "as may be amended from
time to time".
3. Page 4 - Paragraph 2 - last sentence - add "Major" before the
word "development". Also add sentence "This agreement shall
act as a petition for said revertion. That all heretofore
held public hearings shall be as a down-zoning public hearing."
4. Page 8 - Paragraph 8 - insert $61 ,679.35. Exhibit I becomes
Mr. Brimm's analysis and documented letter from LSI . The
language would be changed superficially.
5. Page 12 - 8 lines from the bottom - strike "provided that the
extent of the Developer's financial obligations are fully set
forth herein."
6. Page 14 - Paragraph 18 B - line 9 - strike "to the extent
possible".
Trustee Rech noted that the master drainage plan for this
development will be discussed under Old Business, but it is referred to in
the Planned Development Agreement. She stated the reason the Flood Plain
Ordinance was originally drafted with certain criteria was to protect Aptakisic
Creek from development on that watershed so that problems which were experienced
on Buffalo Creek would not be repeated in this area.
Upon rollcall , the vote was:
-
AYES: 5 Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 1 - Rech
Motion declared carried.
RESOLUTION Moved by Stone, seconded by Rech to pass Resolution #78-22
Paul Soucy ESDA Local Agent. Upon roll call , the vote
II #78-22designatingg p
(tSDA LOCAL was:
AGENT) AYES; 2 Re_ch z Stone
NAVES: 4 Bogart, Marienthal , Mendenhall , Kandel
Motion defeated.
for the negative votes. Trustee
Trustee Rech asked the reasons o
g
Kandel felt a department head should be named indicating an office rather than
an individual . Trustees Bogart and Marienthal preferred that Harry Walsh be
named local agent.
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7/10/78
Moved by Stone, seconded by Rech to pass Resolution #78-22
designating Paul Soucy or Harry Walsh as ESDA Local Agent. Upon roll call ,
the vote was :
AYES: 2 - Rech, Stone
NAPES: 4 - Bogart, Marienthal , Mendenhall , Kandel
Motion defeated.
Moved by Bogart, seconded by Mendenhall to pass Resolution #78-22
designating Harry Walsh as ESDA Local Agent.
Trustee Rech felt this would remove from Paul Soucy an important
aspect of his being the ESDA Director.
Upon roll call , the vote was :
AYES: 4 - Bogart, Marienthal , Mendenhall , Kandel
NAYES: 1 - Stone
ABSTAIN: 1 - Rech
Motion carried.
Trustee Rech stated she has nothing against Harry Walsh being
named ESDA local agent, but she felt both should have been named.
YOUTH Moved by Bogart, seconded by Marienthal to approve the construction
CENTER method and work activities for the Youth Center, dated July 5, 1978,
prepared by Thomas E. Fennell .
In response to a question, Frank Mayfield, Chairman of the Youth
Commission , stated that foundation excavation will be done by a skilled trades-
man with a donated piece of equipment.
In response to a question , Mr. Fennell stated that the Building
Code provides for trench footings.
Upon roll call , the vote was:
AYES: 4 - Bogart, Marienthal , Mendenhall , Kandel
NAPES: 2 - Rech , Stone
Motion carried.
Trustees Rech and Stone stated they voted negatively because of
the trench footings.
Moved by Bogart, seconded by Marienthal to authorize expenditure
of $22,900 for construction of the Youth Center and waive bids.
` In response to a question , Mr. Sommer stated that the financial
�•/ statement for the Youth Commission for the period ending May 31 is $3,263, and
the financial report for the period ending June 30 is not complete but he
estimated cash on hand to be $2,200.
Trustee Rech wanted the Village to be protected against having
a building that was half complete. Mr. Balling stated that no invoice will be
paid until material is installed and inspected.
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7/10/78
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
Mr. Mayfield read a statement thanking the Board for taking
action to meet human needs that no other governing agency has addressed.
STRATHMORE Moved by Kandel , seconded by Bogart to approve the master
ESTATES drainage plan for Strathmore Estates subject to approval of the
MASTER Village Engineer, and in the event the Army Corp of Engineers '
DRAINAGE report is at odds with the Village Engineer, the Village Board
PLAN should be apprised.
It was noted that the Flood Plain Ordinance requires that all
buildings, structures and fill shall be set back from the centerline of any
stream or channel at least the distance required to prevent encroachment of
the floodway widths but in no case less than 100' from the centerline of
Buffalo Creek and Aptakisic Creek. Since Lot 5 would be 70 ' from the center-
line of Aptakisic Creek, a variation to the ordinance is required. James
Austin, member of the Flood Control Committee, asked if a variance would be
normal procedure or if an amendment to the ordinance would be in order.
President Fabish stated that the Village Board can grant a variance in this
case. Trustee Rech stated that this would be the first time a variation to
this ordinance would be granted.
Upon roll call , the vote was:
AYES: 0 - None
NAPES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
Motion defeated.
Moved by Marienthal , seconded by Mendenhall to approve the master
drainage plan for Strathmore Estates per Exhibit L of the Planned Development
Agreement, subject to approval of the Village Engineer and the Army Corp of
Engineers and subject to changing lot lines so that none will be within 100 '
of the centerline of Aptakisic Creek. Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES : 1 - Rech
Motion declared carried.
Trustee Rech stated her negative vote was because of other
variations also requested.
NORTHWOOD Moved by Marienthal , seconded by Rech to approve construction of
GROVE 5 model homes in Northwood Grove prior to final plat approval ..
Anden)
MODELS Jerry DeGrazia, developer of Anden Corporation , stated that all
public utilities are constructed, basic grades are established,
fin
al eng
ineering
g Bring drawings have been submitted and the developer
er
has ag
reed to post a $50,000 letter of credit to insure against any grading or
siting problems. The bond would be used to remove any construction placed in
error should the developer not do so of hi
s is own accord.c rd.
5247
7/10/78
After much discussion, Mr. DeGrazia stated that they would not
proceed beyond the foundations until the Plan Commission had approved the final
plat of subdivision.
Upon roll call , the vote was :
AYES: 2 - Bogart, Kandel
NAYES: 4 - Rech, Marienthal , Stone, Mendenhall
Motion defeated.
\./ Mr. DeGrazia asked if he could submit a 5 lot plat of subdivision
to the Plan Commission at their next meeting. Mr. Balling said he would contact
the Chairman of the Plan Commission to see if this can be scheduled.
NORTHWOOD Moved by Bogart, seconded by Kandel to approve a trenched founda-
GROVE tion system for Northwood Grove provided the same procedures are
TRENCH followed as with Standard Pacific and The Hoffman Group in The
FOOTINGS Highlands. Upon roll call , the vote was:
AYES: 4 - Bogart , Mendenhall , Kandel , Fabish
NAYES : 3 - Rech, Marienthal , Stone
Motion declared carried.
HERITAGE Moved by Rech, seconded by Kandel to grant the request of Homes By
PLACE Hemphill to permit an amendment of the plat of subdivision for
UNIT III Heritage Place Unit III to reduce the east and west side yard set
back requirements for the one specific building to be built on
Lot 2 from 23 feet to 15 feet.
William Lyman of C. A. Hemphill and Associates stated the purpose
of the amendment is to accommodate a townhome building consisting of four 2-car
garage homes rather than a mix of two 1 -car garage units.
Upon roll call , the vote was :
AYES: 0 - None
NAPES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
Motion defeated.
ADJOURNMENT Moved by Kandel , seconded by Bogart to adjourn the meeting. Upon
voice vote, the motion passed unanimously.
Time: 11 :20 P.M.
Verna L. Clayton, Village Clerk
APPROVED BY ME THIS DAY
OF ,, ,. , 1978.
Village Presi ent