1978-10-02 - Village Board Regular Meeting - Minutes 5284
10/2/78
MINUTES OF REGULAR MEETING OF THE VILLAGE
OF BUFFALO GROVE, ILLINOIS, HELD IN THE
COUNCIL CHAMBERS, VILLAGE HALL, MONDAY,
OCTOBER 2, 1978
CALL TO ORDER The regular meeting of the Board of Trustees of the Village of
Buffalo Grove was called to order by President Edward A. Fabish
at 7:45 P.M.
ROLL CALL Roll call indicated the following present: President Fabish;
Trustees Rech, Marienthal , Stone, Mendenhall , Kandel . Trustee
Bogart arrived at 10:25 P.M.
Also present were William Balling, Village Manager; William
Raysa, Village Attorney; Gregory Boysen; Village Engineer; Thomas Fennell ,
Director of Planning and Development; William Brimm, Finance Director; and
William Sommer, Assistant Village Manager.
MINUTES Moved by Rech, seconded by Kandel to approve the minutes of the
regular meeting held September 18, 1978, as published. Upon
roll call , the vote was :
AYES: 5 - Rech , Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
Moved by Rech, seconded by Kandel to approve the minutes of the
special meeting held September 25, 1978, as published. Upon
roll call , the vote was:
AYES: 4 - Rech, Mendenhall , Kandel , Fabish
NAPES : 0 - None
ABSTAIN: 2 - Marienthal , Stone
ABSENT: 1 - Bogart
Motion declared carried.
WARRANT Moved by Mendenhall , seconded by Stone to approve Warrant #389,
in the amount of $215,854.07, and authorize payment of bills
listed. Upon roll call , the vote was :
AYES : 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
PROCLAMATION/ President Fab.ish proclaimed the month of October as United
CRUSADE OF Way of Wheeling and Buffalo Grove Crusade of Mercy Campaign
MERCY Month.
FIRE & POLICE Upon recommendation of the Fire and Police Commission, President
COMMISSION/ Fabish reappointed Joseph Spiner to the Commission for a term
APPOINTMENT to expire April 30, 1981 . Moved by Marienthal , seconded by
Mendenhall to concur with the President 's appointment. Upon
voice vote, the motion passed unanimously.
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10/2/78
FLOOD Trustee Rech reviewed the minutes of the Flood Control
CONTROL Committee meeting held Spetember 26, 1978. John Yost,
COMMITTEE member of the committee, stated a meeting has been scheduled
for October 11 , 1978, to work on an Erosion Sedimentation
Control Ordinance.
Trustee Marienthal requested staff to observe the cleaning
of Arlington Heights Road when construction is complete to insure that the
storm sewer functions properly.
In response to a question regarding drainage of LaSavanne
in Long Grove, Mr. Boysen stated that he has not yet received their engineering
plans, but he had determined that they do have detention on site. He said he
will review the engineering plans when he received them.
PARK DISTRICT Mr. Balling stated that the Village has conveyed lands to
GRANT the Park District with a clause reverting the property to the
Village if it is not used for a park or recreational purposes.
This has created a problem for them in obtaining their park
development grant. He said the Village must enact an ordinance to remove the
reverter clauses, but this may not be done to those deeds that have that
restriction on the deeds received by the Village from the developers. A
special meeting will be held on October 9, 1978, to enact the required ordinance.
After discussion, it was decided that all future deeds will
contain the reverter clause unless the Park District requests it to be deleted.
QUESTIONS FROM There were no questions from the audience.
THE AUDIENCE
ORDINANCE #78-68 Moved by Mendenhall , seconded by Kandel to pass Ordinance
(NORTHWEST SUB- #78-68, AN ORDINANCE AUTHORIZING THE AMENDMENT TO THE NORTH-
URBAN WATER WEST SUBURBAN WATER SYSTEM AGREEMENT. Upon roll call , the
SYSTEM) vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
1977-78 AUDIT & Moved by Mendenhall , seconded by Kandel to accept the 1977
ANNUAL REPORT audit, prepared by Peat, Marwick, and Mitchell , and the annual
report. Upon roll call , the vote was :
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
WELL #4 REHA- Moved by Mendenhall , seconded by Kandel to accept Wehling
BILITATION Well Works as low qualified bidder for Well #4 rehabilitation,
and authorize execution of the contract, in the amount of
$60,297.00. Upon roll call , the vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
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10/2/78
CAMELOT UNIT II , Moved by Mendenhall , seconded by Kandel to authorize execution
BLOCK 9, LOTS 7, of document entitled ABROGATION OF RIGHT TO CERTAIN DRAINAGE
8, 9 AND DETENTION EASEMENTS. These documents pertain to Camelot
Unit II , Block 9, Lots 7, 8, and 9. Upon roll call , the vote
was :
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
SHELL OIL Moved by Mendenhall , seconded by Kandel to accept the
NORTHWEST Appearance Commission recommendation and approve architectural
CORNER ROUTE 83 plans, landscaping, pylon sign and lights with certain stip-
& LAKE COOK ulations for the Shell Oil service station to be located at
ROAD) the northwest corner of Route 83 and Lake Cook Road. Upon
roll call , the vote was :
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
FEATHERS , Moved by Mendenhall , seconded by Kandel to accept the
FLOWERS & Appearance Commission recommendation and approve the Feathers,
SILK (GROVE Flowers and Silk sign with the elimination of the background
COURT) SIGN feathers. Upon roll call , the vote was :
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
BUFFALO SKINS Moved by Mendenhall , seconded by Kandel to accept the
SIGN (COUNTRY Appearance Commission recommendation and grant a variance to
COURT) the sign package and approve the sign for Buffalo Skins
(Country Court) . Upon roll call , the vote was :
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
WALGREEN SIGN Moved by Mendenhall , seconded by Kandel to accept the
& SIDING Appearance Commission recommendation and approve the lettering
on facia sign and the siding for Walgreen 's located at the
Buffalo Grove Mall . Upon roll call , the vote was:
AYES : 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
ST. MARY 'S Moved by Mendenhall , seconded by Kandel to accept the
CHURCH & Appearance Commission recommendation and approve the
SCHOOL landscaping plan, dated August 25, 1978, for St. Mary's
Church and School . Upon roll call , the vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
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WINDFIELD Moved by Mendenhall , seconded by Kandel to accept the
SIGN Appearance Commission recommendation and approve plans for
the decorative wall with sign for Windfield Subdivision. Upon
roll call , the vote was:
AYES : 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
ORDINANCE #78-69 Moved by Rech , seconded by Marienthal to pass Ordinance #78-69,
(PUBLIC AN ORDINANCE LICENSING PUBLIC PASSENGER VEHICLES.
PASSENGER
VEHICLES Trustee Mendenhall did not feel it is necessary and it is a
needless expense for the Village to inspect a public passenger
vehicle that has been inspected by another Village. Mr.
Balling stated that the Village would have no basis of control or standardization
on the level or frequency of inspection provided by others. He further noted
that if only taxis based in Buffalo Grove are inspected, it would discourage
the location of cab companies in Buffalo Grove.
Upon roll call , the vote was:
AYES: 4 - Rech, Marienthal , Stone, Kandel
NAPES: 1 - Mendenhall
ABSENT: 1 - Bogart
Motion declared carried.
ORDINANCE #78-70 Moved by Mendenhall , seconded by Kandel to pass Ordinance #78-70,
(SIGN CODE) SIGN CODE.
Trustee Rech opposed passage of the ordinance because she
felt the previous Sign Code better produced the look for signs that she would
like to see in the Village. She felt there would be many variances granted
and control of signage would be lost.
Upon roll call , the vote was :
AYES: 4 - Marienthal , Stone, Mendenhall , Kandel
NAPES: 1 - Rech
ABSENT: 1 - Bogart
Motion declared carried.
Mr. Balling stated the ordinance will be administered
January 1 , 1979. A sub-contractor will perform the sign inspections to be
paid from fees derived from the Sign Ordinance.
PARKWAY TREE Moved by Mendenhall , seconded by Rech to accept Charles
REPLACEMENT Klehm and Son Nursery of Arlington Heights as low qualified
MOGRAM bidder for the 1978 parkway tree replacement program, and
authorize execution of the contract for 158 trees at $63.45
per tree, each tree to have a one-year guarantee, for a grand
total of $10,025. 10.
Trustee Marienthal opposed the motion because the amount is
in excess of the amount budgeted for this particular program. Mr. Balling
noted that this is not over-budget for the Street and Bridge Fund, but that
it is a transfer of line items within the fund.
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10/2/78
Upon roll call , the vote was :
AYES: 4 - Rech, Stone, Mendenhall , Kandel
NAYES: 1 - Marienthal
ABSENT: 1 - Bogart
Motion declared carried.
BUFFALO HOUSE Discussion took place with regard to the request of the
FIBERGLASS owners of the Buffalo House to erect a fiberglass buffalo
BUFFALO on top of their existing sign. Trustee Rech noted that the
Bicentennial Commission attempted to purchase a fiberglass
buffalo, but funds were not available. President Fabish
stated that the Commission abandoned the idea not because of funds , but because
of the appearance of it. Trustee Rech felt that the Buffalo House epitomizes
old Buffalo Grove and that the statute may be all right for that location, but
not on the roof or sign.
Lou Paolillo, Appearance Commissioner, did not feel it is in
the best inter st of t e Village to permit logos or animals to be incorporated
into signs. � ppearance
ance Commissioner, stated that the Commission
also denied a request to locate the buffalo below the sign. The Commissioners
stated that the denial was based on appearance rather than location.
Moved by Rech, seconded by Mendenhall to uphold the Appearance
Commission recommendation to reject the request to erect a plastic buffalo
atop the existing sign at the Buffalo House. Upon roll call , the vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
RESOLUTION #78-40 Moved by Mendenhall , seconded by Rech to pass Resolution
#78-40 in appreciation of Verna L. Clayton for her past
efforts as Office Manager. Upon voice vote, the motion
passed unanimously.
ORDINANCE #78-71 The Board reviewed Ordinance #78-71 , AN ORDINANCE CALLING
(SPECIAL ELECTION) A SPECIAL ELECTION TO BE HELD IN AND FOR THE VILLAGE OF
L a
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, ON TUESDAY,
THE 7TH DAY OF NOVEMBER, 1978.
Trustee Stone stated that the latest negotiated price for
Williamsburg on the Lake land (southeast corner of Arlington Heights and
Checker Roads) Ts $1 ,050,000; therefore, that is the amount of general obliga-
tion bonds that the question should include.
Lengthy discussion took place regarding the interest rate
that should be included in the ordinance. It was stated that it is impossible
to determine the exact interest rate at which the money will be borrowed
until the time of the transaction, but the rate included in the ordinance
must be high enough to cover the rate at that time. President Fabish polled
the Board to determine the interest rate to be stated. The poll found the
following:
6% - Rech
7% - Marienthal , Stone, Mendenhall , Kandel
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10/2/78
Trustee Rech hoped that it would be explained carefully to
the citizens that 7% is not the interest rate that the Village will be paying.
Mr. Raysa read Ordinance #78-71 .
After lengthy discussion, President Fabish polled the
Board to determine if the wording of the question should be changed to read
"Shall bonds in the amount of $1 ,050,000 be issued by the Village of Buffalo
Grove, Cook and Lake Counties, Illinois, to pay the cost of acquiring land at
the southeast corner of the intersection of Arlington Heights Road and Checker
Road to be utilized as a public park, said bonds to bear interest at the rate
of not to exceed seven per cent (7%) per annum?" The poll found the following:
YES: 3 - Marienthal , Mendenhall , Kandel
NO: 2 - Rech, Stone
ABSENT: 1 - Bogart
Trustee Kandel disagreed with the first whereas clause
of the ordinance because he did not deem it advisable and necessary and for
the best interests of the Village to acquire the land. Mr. Raysa stated that
bond counsel has advised that this statement is required.
Trustee Mendenhall requested that in addition to the legal
advertisement of the sample ballot in the Buffalo Grove Life, that it also be
given to the other newspapers covering the Village for publication at their
discretion.
William Kiddie, 315 Cherrywood, asked the Board not to
pass the ordinance and spend the money for a referendum. He noted that there
presently is 251 acres of municipally owned park land. Because of other
future needs, such as transmission of Lake Michigan water to the Village and
a Municipal Fire Department, he foresaw no tax relief. Trustee Stone, stated
that a large group of citizens and taxpayers have appealed to the Village to
purchase the subject land. Trustee Rech felt the people have the right to
vote on the issue.
Moved by Stone, seconded by Rech to pass Ordinance #78-71
as modified. Upon roll call , the vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
Trustees Marienthal and Mendenhall stated that the reason
they voted in favor of this ordinance was because previously the majority of
the Board approved conducting a referendum.
Trustee Kandel stated he voted in favor of the ordinance,
but he did not deem it advisable, necessary or in the best interest of the
Village to acquire the subject land.
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ORDINANCE #78-72 Moved by Stone, seconded by Mendenhall to pass Ordinance
#78-72, AN ORDINANCE CHANGING A STREET NAME KNOWN AS LAKE
COOK ROAD, subject to approval of the Post Master. Street
name changed to Church Road. Upon roll call , the vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSENT: 1 - Bogart
Motion declared carried.
`./ RECESS There was a recess from 9:45 P.M. until 10:00 P.M.
ST. MARY'S CHURCH Upon request of Father Donald Duffy, it was moved by Rech,
& SCHOOL ADDITION seconded by Mendenhall to waive building permit fees in
connection with the St. Mary's Church and School addition.
Upon voice vote, the motion passed unanimously.
Father Duffy requested the Board to waive requirements of
the Storm Water Detention Ordinance in connection with St. Mary's Church and
School addition. Mr. Raysa stated that the Village cannot waive M.S.D. re-
quirements nor the requirements of the ordinance. It was noted that recently
these requirements were not waived for Kingswood United Methodist Church.
Lengthy discussion took place regarding the amount of de-
tention required and various ways of accomplishing same. The Board did not /
object to detention being provided in the par ing lot.�,-y � '� • "'
President Fabish polled the Board, "Yes" indicating favor
of waiving requirements of the Storm Water Detention Ordinance if the M.S.D.
waives their requirements, and "No" indicating opposition. The poll found
the following:
YES: 1 - Marienthal
NO: 4 - Rech, Stone, Mendenhall , Kandel
ABSENT: 1 - Bogart
POPPIN FRESH PIES James Herbst, Manager of Real Estate for Poppin Fresh Pies,
SIGN reviewed his letter, dated September 28, 1978, appealing
the decision of the Appearance Commission to deny their
request for a pylon sign to replace their ground-level
sign. He said the request is based on hardship because their Marketing Depart-
ment has advised that their sales are suffering because of lack of visibility
or identity to the site. He stated that his restaurant and Bonanza are the
only restaurants on Dundee Road with no pylon sign. He then displayed many
photos of other pylon signs in the Village.
Trustee Bogart arrived.
, Appearance Commissioner, stated that the
existing tree and the Dunell Shopping Center pylon sign would block the
proposed pylon sign. He felt the market penetration is not great because
of the existing restaurants surrounding Poppin Fresh.
Mr. Herbst stated he would like to have a sign like
everyone else on Dundee Road has.
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10/2/78
Moved by Bogart, seconded by Rech to uphold the Appearance
Commission recommendation to reject Poppin Fresh pylon sign. Upon roll call ,
the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAYES: 0 - None
Motion declared carried.
Trustees Mendenhall and Kandel stated they would be willing
to consider an alternative sign.
HERITAGE PLACE William Lyman of C. A. Hemphill & Associates reviewed his
UNIT III letter, dated September 28, 1978, in which he requested
permission to build Buildings No. 5, 6, 7, and 8 of Heritage
Place Townhomes as all 2-car garage dwelling units and to
shift three utility easements to accommodate the change.
He then reviewed revised plot plan 5.
James Button, Plan Commissioner, stated that with the
exception of Building #9 which is not up for approval this evening, the plan
is in compliance with the wishes of the Plan Commission and ordinances. It
was noted that Plan Commission vote was 4-3.
Discussion took place regarding the setback of Building #6.
A variance would be required if the south portion is considered backyard, but
if it is considered a side yard, no variance is required. Lengthy discussion
followed. The building was angled on the original plan, but was changed to be
parallel with Arlington Heights Road at the request of the Plan Commission.
Mr. Fennell stated he would like to retract his statement
that this plan need not go to the Appearance Commission for review. He said
he would like to review the working drawings of the product before making
that opinion. Mr. Lyman said the 3-unit buildings will look exactly like the
existing 3-unit buildings except that they will have 2-car garages.
In response to a question, Mr. Raysa stated that if this
is not considered a major change in development, a public hearing is not
necessary.
Trustee Bogart asked if the developer would consider
eliminating Building #6. Mr. Lyman refused, stating that the annexation
agreement permits 44 townhouses, and his plan has only 36.
Trustee Rech preferred Building #6 to be angled because
it would give some visual relief from Arlington Heights Road. Mr. Lyman
said the Plan Commission requested it not be angled.
Trustee Bogart suggested that one unit be eliminated. Mr.
Lyman said they could not afford to lose one unit.
Moved by Mendenhall , seconded by Marienthal to approve
Heritage Place, Unit 3, Phases I and II , Revised Plot Plan 5, Plan Commission
File #102-42.
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President Fabish stated that Hemphill and Associates is
behind on their commitment to the school district. Mr. Lyman presented a
check, in the amount of $9,979.72, as requested by the school district.
Upon roll call , the vote was :
AYES: 2 - Marienthal , Mendenhall
NAYES: 4 - Rech, Bogart, Stone, Kandel
Motion denied.
Mr. Lyman asked why his request was denied and what would
be satisfactory. Trustee Kandel stated he did not like the appearance created
by the position of Building #6. He preferred an angle with one unit eliminated.
In response to a question, Mr. Lyman said if he changed to
a ranch-style, a variance would not be required, but there would be less green
area.
SHELL OIL SIGN Moved by Marienthal , seconded by Rech to reconsider approval
of the sign for the Shell Oil Company. Upon roll call , the
vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
Because the petitioner and Appearance Commissioners had left
the meeting, it was decided that the matter would be placed
on the agenda for October 16.
ANTI-BURGLARY Trustee Rech requested reactivation of consideration of an
ORDINANCE Anti-burglary Ordinance requiring dead-lock bolts and other
safety devices in homes as recommended by the Crime Pre-
vention Bureau some time ago.
STRATHMORE Trustee Rech stated there are still many complaints from
GROVE Strathmore Grove residents with regard to Levitt's Service
COMPLAINTS Department. Mr. Fennell stated that Levitt is complying
with the established procedure. He said in many cases
1) the homeowners do not like the answers that the item
is not under warranty or that it is not a code violation, and 2) the homeowners
are not pleased with the response time, and 3) they are not pleased with the
quality of the repairs being made. Mr. Fennell stated the Village inspects
repairs if they pertain to code violations.
Mr. Fennell stated that his department is considering
establishing
certain construction standards and tolerances as an adjunct to
the code, but this would move the department into a consumer advocate type
of situation.
Mr. Balling stated that most homes in Buffalo Grove are
insured under the Howe Plan, all carry warranties of some kind, and there are
existing contractural commitments and obligations between buyer and seller
to make repairs.
President Fabish asked Mr. Fennell to tell Levitt that
the Village is not happy with the situation.
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ADJOURNMENT Moved by Rech, seconded by Mendenhall to adjourn the
meeting. Upon voice vote, the motion passed unanimously.
Time: 11 :35 P.M.
II, Verna L. Clayton, Village C rk
APPROVED BY ME THIS DAY
OF � , 1978.
1c74,j 10-14-1
Village President