1978-11-06 - Village Board Regular Meeting - Minutes 5308
11/6/78
MINUTES OF REGULAR MEETING OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS,
HELD IN THE COUNCIL CHAMBERS, VILLAGE
HALL, MONDAY, NOVEMBER 6, 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 7:35 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 , Building Commissioner; Gregory Boysen, Village
Engineer; William Brimm, Finance Director; Richard Kuenkler, Civil Engineer;
and William Sommer, Assistant Village Manager.
MINUTES Moved by Rech, seconded by Marienthal to approve the minutes
of the regular meeting held October 16, 1978. Upon roll
call , the vote was:
AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSTAIN: 1 - Bogart
Motion declared carried.
WARRANT Moved by Rech, seconded by Stone to approve Warrant #391 ,
in the amount of $322,337.76, and authorize payment of bills
listed. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
GIRL SCOUTS President Fabish recognized Girl Scout Troop #2.24 who were
present to fulfill a requirement of their Community Service
badge.
BUFFALO GROVE HIGH President Fabish congratulated the Buffalo Grove High School
SCHOOL BISON Bison football team and wished them well in the Sectional
Contest.
BLOOD DONOR Upon recommendation of the Blood Donor Commission, President
COMMISSION Fabish appointed Lorraine Sipchen to the Commission for a
APPOINTMENT term to expire April 30, 1981 .
�./ Moved by Rech, seconded by Bogart to concur with the
President 's appointment. Upon voice vote, the motion
passed unanimously.
BUFFALO GROVE MALL Trustee Marienthal reported that the pin oaks located at
the Buffalo Grove Mall are infested with bores; therefore,
they will not be moved to a Village owned property location
as previously requested by the Board.
Trustee Rech requested that the plans for expansion of the
Buffalo Grove Mall be reviewed by the Plan Commission and the Village Board.
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11/6/78
The Board agreed. Mr. Balling stated that he would contact Mr. Coconas and
request an informational presentation.
TWIN GROVES Mr. Balling reported that on Thursday, November 9, 1978 at
PARK SITE 8:00 P.M. the Buffalo Grove Park District will honor certain
members of the Public Works Department who participated in
the development of the Twin Groves park site.
QUESTIONS FROM THE There were no questions from the audience.
AUDIENCE
STRATHMORE SHOP- In response to a question from Trustee Bogart, Mr. Fennell
PING PLAZA stated that he has notified residents of property abuting
the Strathmore Shopping Plaza of the Appearance Commission
meeting to be held on Thursday, November 9.
ORDINANCE #78-78 Moved by Mendenhall , seconded by Kandel to pass Ordinance
(Public Nudity) #78-78, AN ORDINANCE AMENDING ORDINANCE NO. 69-9 (GENERAL
COMMERCIAL BUSINESS LICENSES) . Upon roll call , the vote
was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
ORDINANCE #78-79 Moved by Mendenhall , seconded by Kandel to pass Ordinance
(Public Nudity) #78-79, AN ORDINANCE AMENDING ORDINANCE NO. 77-35 (LIQUOR
CONTROL ORDINANCE) . Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
ORDINANCE #78-80 Moved by Mendenhall , seconded by Kandel to pass Ordinance
Massage Estab- #78-80, AN ORDINANCE REGULATING AND LICENSING MASSAGE
lishments) ESTABLISHMENTS AND MASSAGE SERVICES. Upon roll call , the
vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
RESOLUTION #78-43 Moved by Mendenhall , seconded by Kandel to pass Resolution
(Bank Resolution) #78-43, establishing a bank account for Municipal Insurance
Reserve Account. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
RESOLUTION #78-44 Moved by Mendenhall , seconded by Kandel to pass Resolution
#78-44, TO APPOINT AN AUTHORIZED REPRESENTATIVE AND
ALTERNATIVE TO THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY.
Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
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ORDINANCE #78-82 Moved by Mendenhall , seconded by Kandel to pass Ordinance
Recapture - #78-82, AN ORDINANCE FOR THE RECOUPMENT OF ADVANCES FOR
Weiland Water CONSTRUCTION OF WATER MAINS IN WEILAND ROAD, BETWEEN CHICORY
Main) LANE AND NEWTOWN DRIVE. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
ORDINANCE #78-83 Moved by Mendenhall , seconded by Kandel to pass Ordinance
(Recapture - #78-83, AN ORDINANCE FOR THE RECOUPMENT OF ADVANCES FOR
Lexington Hills CONSTRUCTION OF WATER MAINS IN ILLINOIS STATE ROUTE 83
Water Mains) ADJACENT TO LEXINGTON HILLS SUBDIVISION. Upon roll call ,
the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
ORDINANCE #78-84 Moved by Mendenhall , seconded by Kandel to pass Ordinance
(Surplus #78-84, AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL
Property) PROPERTY OWNED BY THE VILLAGE OF BUFFALO GROVE. Upon roll
call , the vote was :
AYES: 6 - Rech., Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
COUNTRY COURT/ Moved by Mendenhall , seconded by Kandel to approve a Plat
EASEMENT DEDICA- of Easement in the Country Court Shopping Center. Easement
TION is required for operation and maintenance of public water
main. Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
ARLINGTON Moved by Mendenhall , seconded by Kandel to accept the
COUNTRY CLUB Appearance Commission recommendation to ammend the land-
CONDOMINIUMS scaping plan for the Arlington Country Club Condominiums.
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
NORTHWOODS SIGN Moved by Mendenhall , seconded by Kandel to accept the
Appearance Commission recommendation and approve the
advertise sign for Northwoods with certain stipulations.
Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
LEXINGTON HILLS/ Moved by Mendenhall , seconded by Kandel to approve the
OFFSITE UTILITY Grant of Easement for offsite underground utilities for the
EASEMENT Lexington Hills Subdivision. Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
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ORDINANCE #78-85 The Board reviewed an ordinance that would authorize the
(Sale of 1221 sale of Village-owned property commonly known as 1221
Brandywyn) Brandywyn. Trustee Stone explained that this 20' wide
strip of property originally was intended to be used as
access to a park site, but when the park site was moved
to combine it with another park site, the access was no longer needed. It
was noted that the purchase price of not less than $200 will cover admin-
istrative costs connected with the sale. Trustee Rech stated that the
purchase of this land by the abutting property owners will increase the value
of their property by more than $200; therefore, she suggested that they be
requested to donate a piece of equipment for the Green Knolls park. Other
Trustees felt that since the Village does not need the land, it should be
sold so the Village will not have to expend funds to maintain it.
Moved by Bogart, seconded by Mendenhall to pass Ordinance
#78-85, AN ORDINANCE AUTHORIZING SALE OF REAL ESTATE COMMONLY KNOWN AS 1221
BRANDYWYN. Upon roll call , the vote was :
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 1 - Rech
Motion declared carried.
ORDINANCE #78-81 Moved by Kandel , seconded by Mendenhall to pass Ordinance
(Election Judi es) #78-81 , establishing election judges of the special
election to be held on November 7, 1978, subject to
deletion of Judith Lambert from Precinct 4 and Diana B.
Mendenhall from Precinct 8. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
RESOLUTION #78-42 Moved by Mendenhall , seconded by Bogart to pass Resolution
MFT Maintenance #78-42, A RESOLUTION FOR MAINTENANCE OF STREETS AND
HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE
(1979 MFT Maintenance Program) . Upon roll call , the vote
was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
LEXINGTON HILLS Burton Harris, Plan Commissioner, stated that the Commission
PLAT OF SUB- recommended approval of the Lexington Hills plat of sub-
DIVISION division dated September 27, 1978.
Mr. Boysen reviewed his memo, dated October 31 , 1978, in
which he recommended engineering approval subject to six
conditions.
Lengthy discussion took place regarding a landscape buffer
along Pauline Avenue and the ten units that have driveways
onto Pauline Avenue.
President Fabish polled the Board, "Yes" indicating favor
of permitting driveways to exit onto Pauline Avenue, and "No" indicating
opposition. The poll found the following:
YES : 0 - None
NO: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
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It was noted that with no access to Pauline 11/6/78
Avenue, only four units will have side load driveways.
After lengthy discussion regarding mix of house models,
the developer stated that he would be able to meet requirements of the annexa-
tion agreement even though he will have to change the driveways so that they
do not open onto Pauline Avenue. Only four units will have side load driveways.
Moved by Kandel , seconded by Mendenhall to approve the plat
of subdivision for Lexington Hills subject to 1) final engineering approval ,
2) a no access easement on Pauline Avenue, and 3) meeting all requirements
of annexation agreement.
After discussion, the developer agreed to provide a
landscape buffer along Pauline Avenue which will be reviewed by the Appearance
Commission.
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 she did
not consider this the same as the original approved plan.
LEXINGTON HILLS/ Moved by Bogart, seconded by Kandel to accept the Appearance
ARCHITECTURE, Commission recommendation and approve the architectural
LANDSCAPING, plans, landscape plan, signage, and lighting for Lexington
SIGNAGE, AND Hills with certain stipulations. Upon roll call , the vote
LIGHTING was:
AYES: 4 - Bogart, Stone, Mendenhall , Kandel
NAPES: 2 - Rech, Marienthal
Motion declared carried.
BUFFALO GROVE Trustee Kandel stated that the Plan Commission recommended
COMMONS, UNIT I approval of the final plat of subdivision for Buffalo Grove
PLAT OF SUBDIVI- Commons Unit I subject to 1) two additional concrete
SION monuments, 2) required signatures of drainage statement,
and 3) favorable opinion of Village Attorney regarding
proper guarantee that the plans assure the completion of the
detention areas on and adjacent to lot 9000. Mr. Boysen
stated that the plat has been corrected to reflect these
changes.
Mr. Boysen reviewed his memo, dated November 2, 1978,
recommending engineering approval subject to eight conditions . Louis Shassion,
developer, referred to Mr. Boysen's first condition, and stated that the
revised engineering and landscape plans will conform to a sketch entitled
"Discussion Study The Commons Active Park Site Concept Based on Otis 11-1-77
Revision".
Trustee Rech expressed concern that only one half of
Parcel A (park site) will be platted in Unit I . Mr. Shassion explained that
his mortgage arrangement will not permit the entire parcel to be deeded over
at this time. Mr. Balling noted that the deed-over of the entire parcel is
contracturally committed. Mr. Boysen stated the entire Parcel A will be
fully improved during construction of Unit I . Mr. Raysa stated that Mr.
Boysen has indicated there are bonds to cover improvements on the other half
of the parcel ; therefore, there should be no problem.
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Moved by Kandel , seconded by Mendenhall to approve the
plat of subdivision for Buffalo Grove Commons Unit I subject to 1) redrawing
of the active park site concept basedcn draw ing_dat d 11-1-77 revision and
marked "B. G. Park District Feb. 2, 1978" and 2) subject to final engineering
approval .
Park Commissioner William O'Reilly referred to a letter,
dated March 1 , 1978, which was read at a previous Village Board meeting. He
re-expressed concern over the bike path through Parcel B because it is too
close to homes which he felt would create an invitation to vandalism.
Mr. Balling referred to a letter, dated November 6, 1978,
from Stan Crosland, Director of Parks and Recreation, agreeing that plans
conform to previous agreements .
Upon roll call , the vote was:
AYES: 4 - Bogart, Marienthal , Mendenhall , Kandel
NAPES : 2 - Rech, Stone
Motion declared carried.
RECESS There was a recess from 9:15 P.M. until 9:30 P.M.
HARRIS RESUB- Trustee Marienthal reviewed a letter, dated October 22,
DIVISION/CHANGE 1978, from Burton Harris, President of Acontec, Inc. ,
IN PLAN developer of a bank and office building at the southeast
corner of Lake Cook and Arlington Heights Road, in which
he requested the bank building to be 5,500 square feet
instead of 4,751 square feet as previously approved. Prior to the original
presentation of the plan, the plan was modified to the 5,500 sq. ft. building,
but due to an oversight, the figure shown on the site plan was not revised.
Trustee Marienthal felt this change in approved plan should be referred back
to the Plan Commission.
Mr. Harris explained that the only changes on the plan
being considered this evening from the one previously approved are: 1,) square
footage of the bank building, 2) square footage of the two lots - the total
square footage has not changed, and 3) corrected dimension of the front
yard set back. He stated that the "footprint" of the bank building has not
changed, only the figures in the compilation have changed. Lengthy discussion
followed.
Moved by Mendenhall , seconded by Kandel to approve the
request of Acontec Inc. for a change in plan, revised plan to be marked
"Reviewed and approved by Village Board 11-6-78", with the total square
feet of the bank building being 5,500 square feet. Upon roll call , the
vote was :
AYES: 4 - Bogart, Mendenhall , Kandel , Fabish.
NAYES: 3 - Rech , Marienthal , Stone
Motion declared carried.
SIGN CODE The Board reviewed a letter, dated October 31 , 1978, from
Ken Rodeck, agent for Gregg Builders who are owners of the
Ranch Mart Shopping Center. In the letter, Mr. Rodeck
stated that the Appearance Commission could not pass judgement on their
proposed new pylon sign because the new sign code required a ZBA variance
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11/6/78
due to the location of the sign within 500' of any other sign as specified
in Section 5. 1 of the code. He requested the Board to rule under 12.6 of the
code and waive the application of th.e distance rule. In addition, he requested
the Board to consider an amendment to the code to relate the distance between
signs and the size and height requirements to lot street frontage and traffic
speed limits.
Mr. Raysa stated that the Village Board cannot grant a
variance this evening because under 12. 1 of the code, a variation request must
go to the ZBA first, but if it is denied by the ZBA, then it may be reviewed
by the Board.
In response to a question from Trustee Bogart, Mr. Raysa
stated that the Appearance Commission can review the proposed sign, but Mr.
Fennell may not issue a sign permit until a variance is granted.
Eddie Larsen, 1220 Franklin Lane, stated that he has
been in the sign business for many years and has written many sign codes.
He felt that denying a street sign is denying a businessman his right to
advertising. He felt the distance between signs should be based on amount
of property frontage on the road and on speed and traffic conditions.
Moved by Bogart, seconded by Mendenhall to refer Mr.
Rodeck to the Z.B.A. for a variation of the Sign Code to provide for his
sign package and to reconvene the Sign Committee to review the ordinance in
light of the 500' between signs requirement. Upon roll call , the vote was:
AYES: 6 - Rech , Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAYES: 0 - None
Motion declared carried.
TRUSTEE RECH'S Trustee Rech read a letter, dated November 6, 1978, in
RESIGNATION which she tendered her resignation as Village Trustee
effective April 17, 1979, so that her position could be
filled by voter selection and ballot in the next Village
election. She cited additional family responsibilities
and personal considerations as her reasons.
EXECUTIVE Moved by Rech, seconded by Mendenhall to adjourn to
SESSION executive session to discuss litigation. Upon voice
vote, the motion passed unanimously.
Time: 10: 15 P.M.
Verna L. Clayton, Vi lager lerk
APPROVED BY ME THIS c;20 DAY
OF 1978.
erke:ert4 A71;;;-/
Village President