1978-07-17 - Village Board Regular Meeting - Minutes 5248
7/17/7R
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD
IN THE COUNCIL CHAMBERS, VILLAGE HALL,
MONDAY, JU LY 17, 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, Kandel . Trustee
Mendenhall was absent.
Also present were William Balling, Village Manager; William Raysa,
Village Attorney; Harry Walsh, Chief of Police; Thomas Fennell , Director of
Planning and Development; Gregory Boysen, Village Engineer; William Brimm,
Finance Director; and William Sommer, Assistant Village Manager.
MINUTES Moved by Rech, seconded by Stone to approve the minutes of the
regular meeting held July 10, 1978, as published. Upon roll call ,
the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAYES: 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
WARRANT Moved by Stone, seconded by Bogart to approve Warrant #334, in
the amount of B422,595.20, and authorize payment of bills listed.
Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAYES : 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
WILLIAMS- Upon recommendation of Trustee Stone, Chairman of the Williamsburo
BURG ON THE on the Lake Blue Ribbon Committee, President Fabish appointed Herb
LAKE BLUE Dorn and John Yost to the Committee. Moved by Rech, seconded by
RIBBON COM- Kandel to concur with the appointments. Upon voice vote, the
MITTEE motion passed unanimously.
ORCHID President Fabish displayed the Orchid Award which was presented to
AWARD the Village of Buffalo Grove by the Northeast Illinois Chapter of
American Institute of Architects for signage and landscaping of
Dundee Road.
CERTIFICATES President Fabish presented Police Department Commendations to
OF COMMENDA- Officer Steven Balinski and Corporal Robert Manson.
TION
TOWN CENTER Trustee Kandel stated that petitioners have been notified that
PRE-APPLICA- the Town Center pre-application conference has been postponed.
TION CONFER-
ENCE
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WILLIAMSBURG Moved by Marienthal , seconded by Bogart to refer to the Plan
ON THE LAKE/ Commission and Zoning Board of Appeals a rezoning application
REZONING from First Charter Service Corporation to rezone 40 acres located
APPLICATION at the southeast corner of Arlington Heights and Checker Roads
(Williamsburg on the Lake) from R-9 with a special use PUD to
R-4 and R-5.
Trustee Rech stated that if this application is referred, the
Village must act within 90 days. She was concerned that this could effect the
possible acquisition of this land by the Village. Discussion followed.
Moved by Rech, seconded by Bogart, to table consideration of
the rezoning application until the next regular meeting. Upon roll call ,
the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAPES: 0 - None
ABSENT: 1 - Mendenhall
Motion tabled.
Trustee Rech requested Mr. Raysa to investigate all aspects of
the rezoning application and report to the Board within the next two weeks.
YOUTH Trustee Bogart reported that he and Frank Mayfield, Chairman
CENTER of the Youth Commission, attended meetings of the Wheeling
Township Board of Auditors and the Vernon Township Board of
Auditors to advise them of the Youth Center program and to
request funding. Wheeling Township was unable to contribute to the program,
and Vernon Township has taken the request under advisement. Both townships
will be updated periodically with regard to the program, and the funds will be
requested again for their next budget year.
ROUTE 53 Trustee Kandel reported that he had attended a NIPC meeting on
EXTENSION July 11 , at which time Route 53 extension was to be the major
topic of discussion. Since one committee member felt the issue
was important enough for a separate meeting, it was postponed
until July 27, at noon. Trustee Kandel will attend.
NORTHWEST Mr. Balling reported that he and the Village President attended
WATER the first full executive committee of the Northwest Water Venture,
VENTURE which is the old SHARE +3 consortium. There was discussion about
retaining a consulting engineer to undertake a study parallel to
that which Keifer and Associates is performing for Buffalo Grove. Buffalo
Grove extended all information to be received from the Keifer report to the
venture at their July 26 meeting. Consultant will present his findings re-
garding the DAMP water proposal to the Village Board on July 24.
RTA BUS Mr. Balling reported that Cook County rejected the request to
SHELTERS place RTA bus shelters in the r.o.w. He said easements will be
requested of the property owners .
ARLINGTON Mr. Balling reported that the Cook County portion of Arlington
HEIGHTS Heights Road will be closed for construction from July 19 until
ROAD Cook August 7.
County)
- - i
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7/17/78
STRATHMORE Rory Reed, 710 Heatherdown, read a statement that the residents
GROVE of Strathmore ;rove are extremely dissatisfied with Levitt Homes
and requested that all building permits or new subdivision
approvals be withheld until such time that Levitt 's service is
operational in a satisfactory manner.
President Fabish and Mr. Raysa explained that as long as Levitt
complies with all ordinances of the Village, the Village legally cannot with-
hold building permits.
Mr. Fennell stated that his department has been accepting citizen
complaints, compiling a list, and asking the people to send a copy of their
correspondence with Levitt. The corporate officials in the Levitt home office
have directed an internal audit to be accomplished. Corporate officers are
formulating new policies, and a tentative meeting between them and the Village
has been set to review the policies. Timetables and programs will be set to
take care of the existing complaints . Also, machinery will be established
so the service will continue on a timely basis. Complaints have been catagorized
as 1) aesthetic and 2) code violations. The existing code violations are to be
handled before new construction inspections will be made. It is hoped that
this will give Levitt the impetus to take care of the violations.
Lengthy discussion took place with homeowners describing the
problems they have experienced.
It was hoped the procedures established by Mr. Fennell should
resolve the problem. The Board requested staff and homeowners to keep them
informed.
ALLEGATIONS James Austin, 840 Twisted Oak Lane, asked the status of the
AGAINST allegations brought against Trustee Rech at last week's Village
TRUSTEE Board meeting. President Fabish stated that the status has not
RECH changed. He said the Herald reporter told him something, and
the reporter has stated that he cannot recall it. Mr. Austin
felt that if there is evidence to support the allegations, it should be brought
forward so the Board can take appropriate action, but if the evidence does not
support the allegations, the allegations should be publicly dropped.
Trustee Bogart stated that Trustee Mendenhall has stated that
the reporter told him the same thing.
President Fabish stated he has written a letter to the editor
of Paddock Publications requesting a meeting with him and the reporter to
resolve the situation, but at this time, he has not received a reply.
RESOLUTION Moved by Bogart, seconded by Kandel to pass Resolution #78-28,
#78-28 authorizing the Village Manager to execute a contract with Crown
Life Insurance Company of Toronto, Canada, to provide health and
life insurance benefits to Village employees pursuant to Village personnel
policy. Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAYES: 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
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CANDLEWOOD The Board reviewed the annexation agreement for Candlewood
CREEK Creek East, approximately 12 acres located north of Pauline
ANNEXATION Avenue and east of Florence Avenue. David Addis, attorney
AGREEMENT representing the property owner, participated in the discussion.
Trustee Marienthal requested that the Trust number be removed
and replaced with the beneficiaries of the Trust. He then reviewed Mr. Balling's
memo, dated July 13, 1978, and felt that these changes should be incorporated
into the agreement.
Upon Mr. Raysa's and Mr. Balling's recommendations, the following
changes were made:
1 . Paragraph 3 - last line - 25 changed to 26
2. Paragraph 10 - standard phrasology to be added regarding
collection fees and that the Village will determine the
benefit of any and all recapture
3. Paragraph 13 - add "as amended from time to time"
4. Paragraph 22 - line 12 - change "detention and Out Lot B"
to "Lots 14 and 26"
5. Paragraph 26 - Add "This agreement shall act as a petition
for said revertion. That all heretofore held public hearings
shall be as a down-zoning public hearing."
6. Paragraph 28 A. - "For school district 102, for each dwelling
unit containing three or fewer bedrooms, the amount of $301 .67
and for each dwelling unit containing four or more bedrooms,
the amount of $371 .66. Total estimated school district 102
contribution = $16,838.34."
7. Paragraph 28 B. - "For school district 125, for each dwelling
unit containing three or fewer bedrooms, the amount of $130.43
and for each dwelling unit containing four or more bedrooms,
the amount of $182.61 . Total estimated school district 125
contribution = $8,113.04."
8. Paragraph 28 C. - "For park district, for each dwelling unit
containing four or fewer bedrooms, the amount of $443.60 for
each dwelling unit. Total estimated park contribution =
$20,850.00."
9. Paragraph 29 - line 2 - change "three" to "four"
10. Paragraph 30 - Heading to read "Out Lot A, Nonbuildable,
Nonbuildable Lots 14 and 26"
11 . Paragraph 30 - add "Lots 14 and 26 shall be improved and
deeded to the Village of Buffalo Grove in accordance with
contribution requirements of Ordinance #77-72. Improvements
shall include those provided for in Subdivision Regulation
Ordinance and fine grading and seeding as specified by the
Village Engineer. In addition the 15' easement contained
in Lot 25 shall be graded and improved to be compatible
with said Lot and Lot 26 and in addition shall contain
an 8' hard service drive to provide sufficient access to
the detention area. Conveyance instruments shall include
warranty deed, plat of survey and assurance that all current
and roll back taxes will be paid by developer prior to
conveyance."
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7/17/78
There was a recess from 9:20 P.M. until 9:35 P.M.
Mr. Addis stated his client would agree to the recommended changes.
Moved by Marienthal , seconded by Bogart to pass the Candlewood
Creek East annexation agreement subject to changes recommended by the Village
Attorney, subject to the Village Engineer's thoughts in regard to any recapture
that might occur, and subject to the Plan Commission recommendations with
Exhibit 178-3 and subsequently approved alternate plan #3, which was approved
on July 14, 1978.
In response to a question from Trustee Rech, Mr. Balling stated
that Exhibit B (tentative plat of subdivision) under consideration this evening
is substantially the same as considered by the Plan Commission. The only
changes are 1 ) on Lot 25, there is a 15' easement, 2) two lots have been
renumbered, and 3) Lots 12 and 13 h.ave a depth of 181 ' . Trustee Rech was
concerned that the Village Engineer had not reviewed the new Exhibit B.
Moved by Rech , seconded by Stone to table consideration of the
Candlewood Creck East annexation agreement until such time as the Village
Attorney can review the document properly and until the Village Engineer can
review Exhibit B and the engineering.
Mr. Addis stated preliminary engineering was submitted to the
Village a week ago, and the changes in the agreement have been reviewed by
the Village Attorney.
Upon roll call , the vote was:
AYES: 2 - Rech, Stone
NAPES: 3 - Bogart , Marienthal , Kandel
ABSENT: 1 - Mendenhall
Motion to table was defeated.
Trustee Marienthal requested the President to poll the Board
to determine if they feel the following changes would be considered major
changes: 1) size of Lots 12 and 13 increased from 123' to 181 ' , 2) Lot 25
is now 60' instead of 75' , and 3) easement for access to detention area
changed from 20 ' to 15' .
Trustee Rech stated these changes should have been evaluated
by the Plan Commission and known about prior to approval time. She considered
a 15' easement inadequate because the Director of Public Works has stated in
the past that a 20' easement is needed for maintenance. Mr. Balling stated
that 20' is needed for an underground utility easement, but this easement will
be used for storm sewer and for an 8' paved entrance drive to the detention
area; therefore, 15' should be more than adequate.
President Fabish polled the Board, "Yes" indicating these changes
are considered major, and "No" indicating they are not major. The poll found
the following:
YES: 4 - Rech, Marienthal , Stone, Kandel
NO: 1 - Bogart
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7/17/78
After discussion, it was decided to defer consideration of the
Candlewood Creek East annexation agreement until August 7 pending engineering
review and staff recommendation.
Trustee Marienthal withdrew his motion to approve the annexation
agreement.
Trustee Bogart requested Mr. Balling to obtain comment from
the Park District with regard to their accepting the park sites.
GREEN The Board reviewed a letter, dated July 10, 1978, from David
KNOLLS Addis, attorney representing Green Knolls Development Company,
requesting relief of Village policy concerning scheduling of
public improvements and building permit issuance.
Moved by Kandel , seconded by Bogart to approve the request.
Upon roll call , the vote was :
AYES: 0 - None
IJAYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
ABSENT: 1 - Mendenhall
Motion defeated.
NORTHWOOD Moved by Kandel , seconded by Bogart to approve the final plat
GROVE of subdivision for Northwood Grove Unit IA subject to all
FINAL PLAT corrections of the Village Engineer and final approval of the
Village Engineer.
Don Hardt, Chairman of the Appearance Control Commission, stated
that the Commission approved the landscaping and architecture.
Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAPES: 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
LAKE-COOK Moved by Kandel , seconded by Rech to accept the maintenance of
ROAD STREET three street lights installed on Lake-Cook Road by Cook County
LIGHTING per William Davis ' memo, dated June 22, 1978. Upon roll call ,
the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAPES: 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
CAMBRIDGE Moved by Bogart, seconded byRech to
support the position of
COMMONS the Appearance Control Commission not to accept the signs,
SIGN (Pets & Gifts and Wall Coverings), which are located in Kohl 's
PACKAGE Cambridge Commons , because they are in violation of the code
that exists in Buffalo Grove and of the sign package, and
are also in violationf p q � they
o. the variationgranted
by the Appearance
Control Commission.
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7/17/78
Donald Hardt, Chairman of the Appearance Control Commission,
stated the Commission approved the sign package submitted by the developer.
Three businesses had signs fabricated that were not in conformance with the
package, and an agreement was made that although they were non-conforming,
the signs could be installed provided they add their names to the signs. One
business complied.
Mr. Simpson, owner of the shopping center, stated that the names
of these two businesses are already on the window and did not feel it necessary
to add to the sign.
Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAYES: 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
One of the businessmen was very unhappy with the decision and
stated that they would tear down their sign and operate without one instead
of spending $1 ,500 for another one.
Trustee Bogart requested the staff to review the Cambridge
Commons sign package to determine if they must have a sign.
WILLIAMSBURG Upon recommendation of the Blue Ribbon Committee/Williamsburg
ON THE LAKE on the Lake Acquisition, it was moved by Stone, seconded by Rech
to authorize execution of a contract with William G. Schwandt
to provide the Village with an appraisal of the Williamsburg on the Lake
property (southeast corner Arlington Heights and Checker Roads) for a cost not
to exceed $1 ,000. Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Stone, Kandel
NAPES : 0 - None
ABSENT: 1 - Mendenhall
Motion declared carried.
Trustee Stone stated the appraisal should be ready by August 7.
During the period of August 7 through August 21 , the committee and citizens
committee will take a poll of residents of the Village to obtain their preferences.
A recommendation will be presented to the Village Board by August 21 .
Trustee Bogart stated that on August 7, the Board should refer
to the Plan Commission the rezoning application for this property.
ADJOURNMENT Moved by Marienthal , seconded by Rech to adjourn the meeting.
Upon voice vote, the motion passed unanimously..
TIME: 10:45 P.M.
j
Verna L. Clayton, Village Clerk
APPROVED BY ME THIS 17 DAY
OF 1978.
Plic-a-,e a
Village President