1979-02-20 - Village Board Regular Meeting - Minutes 5369
2/20/79
MINUTES OF REGULAR MEETING OF THE VILLAGE
BOARD OF THE VILLAGE OF BUFFALO GROVE,
ILLINOIS, HELD IN THE COUNCIL CHAMBERS,
VILLAGE HALL, TUESDAY, FEBRUARY 20, 1979.
CALL TO ORDER In the absence of the President, the regular meeting of the
Board 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: Trustees Rech,
Bogart, Marienthal , Stone, Mendenhall , Kandel . President
Fabish arrived at approximately 8:00 P.M.
Also present were William Balling, Village Manager; William
Raysa, Village Attorney; William Brimm, Finance Director; Dominic Saviano,
Acting Director of Building and Zoning and Building Commissioner; Gregory
Boysen, Village Engineer; and William Sommer, Assistant Village Manager.
PRESIDENT PRO Moved by Marienthal , seconded by Stone to appoint Trustee
TEM Rech President Pro Tem in the President 's absence. Upon
voice vote, the motion passed unanimously.
MINUTES Moved by Marienthal , seconded by Kandel to approve the minutes
of the regular meeting held February 5, 1979, as published.
Upon roll call , the vote was:
AYES: 5 - Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
ABSTAIN: 1 - Rech
Motion declared carried.
WARRANT Moved by Mendenhall , seconded by Bogart to approve Warrant
#397, in the amount of $264,169.56, and authorize payment
of bills listed. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
LAKE COUNTY Mr. Balling reported on Glenn Miller's (Lake County Board
FOREST PRESERVE member) progress in his efforts to convince the Lake County
DISTRICT Forest Preserve District to acquire an additional 32.9 acres
on the north side of Lake-Cook Road west of Arlington Heights
Road to square off the land already purchased for open space
and an M.S.D. retention basin. He said Mr. Miller has
approached the Arlington Heights Village Board to request "seed money" similar
to that committed by Long Grove and Buffalo Grove, and that Board referred it
to their Finance Committee for consideration. He said that 12 acres of the
subject land has been platted in Arlington Heights for lots on which Kennedy
Brothers plan to construct homes . Kennedy Brothers has petitioned the Metro-
politan Sanitary District to connect these lots to their sewer, and Mr. Miller
is pursuing the legality of this action since the lots are in Lake County and
the M.S. D. services Cook County. He said Mr. Miller has received approval from
the Development Committee of the Forest Preserve District , and will be presenting
the proposal to the Land Acquisition Committee on Friday, February 23. Mr. Miller
seems encouraged that they will support him.
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Trustee Rech asked if the Forest Preserve District has the
necessary bonding power for the additional acquisition. Trustee Marienthal
said that Mr. Miller had indicated that as bonds are retired, additional bonding
power is available to the District.
AGENDA PACKETS At Trustee Mendenhall ' s suggestion, it was decided to make
FOR CANDIDATES agenda packets available to Village Board candidates. The
packets will contain all non-confidential written material .
With regard to large plans and plats, it was decided the
reporter' s packet would be made available to the candidates.
Mr. Balling was asked to notify all candidates of this decision.
UNINCORPORATED Trustee Marienthal noted that recently residents of unincorpor-
PALATINE TOWN- ated Palatine Township held a meeting to discuss the possibility
SHIP of becoming an incorporated municipality. Since the develop-
ment of that area would have an effect on Buffalo Grove, he
suggested that Village staff lend expertise in answering some
of the questions they might have. In the discussion that
followed,these points were made: 1) no studies should be undertaken, 2) the
Northwest Municipal Conference, the Illinois Municipal League, and the Depart-
ment of Local Government Affairs should be helpful to the people, and 3) infor-
mation to be given should be file items thus not requiring too much staff time.
President Pro Tem Rech polled the Board, "Yes" indicating
favor of staff lending expertise, in the form of information, to the people
of unincorporated Palatine Township as described, and "No" indicating opposition.
The poll found the following:
YES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NO: 0 - None
Mr. Balling stated he would advise Bill Muhlenfeld of the
NWMC of the Village' s desire to provide information.
ST. MARY'S SCHOOL In response to a question from Trustee Rech, Mr. Sommer
SAFETY stated that a "no turn on red during school hours" sign
has been installed at the corner of Lake-Cook Road and Raupp
Boulevard. John Panella, 342 Cottonwood, stated one is
located at the corner of Lake-Cook Road and Buffalo Grove
Road also.
DRUG PARAPHER- President Pro Tem Rech polled the Board, "Yes" indicating
NALIA ORDINANCE favor of placing the Drug Paraphernalia Ordinance on the
agenda in the near future, and "No" indicating opposition.
The poll found the following:
YES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NO: 0 - None
INDIAN TRAILS Trustee Bogart reported that he will attend the meeting of
LIBRARY DISTRICT the Indian Trails Library District on February 28 at which
they will discuss the Village's offer of land in the Town
Center for the purpose of constructing a library.
It was noted there will be a public hearing on this subject on
February 21 at 8:00 P.M. in Jack London school . All citizens were encouraged to
attend.
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MONTHLY ACTIVITY Mr. Balling reviewed the Summary of Administrative Activities
REPORT for the month of January 1979.
SOLICITATION OF Mr. Balling and Mr. Raysa reviewed Mr. Raysa's letter dated
CONTRIBUTIONS February 12, 1979, which apprised the Board of State law
prohibiting solicitation of contributions on highways.
HIGHLAND GROVE Burton Harris, 701 Silver Rock, was appalled by several bill-
ADVERTISING SIGNS boards erected by The Hoffman Group which say "Highland Park
Is Nice But Highland Grove Is For Me". He felt the billboards
suggest that Buffalo Grove is not as nice as Highland Park,
and requested that the developer be contacted and demand that
the downgrading of Buffalo Grove be stopped. President Fabish
said he would send a letter to The Hoffman Group asking if
they would please change their signs.
ORDINANCE #79-13 Moved by Bogart, seconded by Mendenhall to pass Ordinance
(GOLF COURSE #79-13, the Golf Course fiscal year 1979 Appropriation Ordinance.
APPROPRIATION) Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carrried.
ORDINANCE #79-14 Moved by Bogart, seconded by Mendenhall to pass Ordinance
(TOWN CENTER PLAN #79-14, AN ORDINANCE AMENDING THE BUFFALO GROVE ZONING ORDINANCE
REVIEW FEES) AS AMENDED (FEES) . Ordinance provides for a Town Center plan
review fee and a Town Center zoning application filing fee.
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
ORDINANCE #79-15 Moved by Bogart, seconded by Mendenhall to pass Ordinance
(BUSINESS DISTRICT #79-15, AN ORDINANCE CREATING A BUSINESS DISTRICT DEVELOPMENT
DEVELOPMENT COMMISSION. Upon roll call , the vote was:
COMMISSION) AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAVES: 0 - None
Motion declared carried.
RESOLUTION #79-10 Moved by Bogart, seconded by Mendenhall to pass Resolution
(ALTERNATE TO #79-10 appointing Trustee Rech as Alternate Director to the
NWSWS) Northwest Suburban Water System Board of Directors and
appointing Gregory Boysen as alternate member to the executive
committee. Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAVES: 0 - None
Motion declared carried.
ORDINANCE #79-16 Moved by Bogart, seconded by Mendenhall to pass Ordinance
(NORTH SHORE GAS #79-16 granting a non-exclusive franchise to the North Shore
FRANCHISE) Gas Company. 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 #79-17 Moved by Bogart, seconded by Mendenhall to pass Ordinance
(SANTORO PROPERTY #79-17, AN ORDINANCE AUTHORIZING THE AMENDMENT OF
ANNEXATION AGREE- ANNEXATION AGREEMENT DATED JUNE 8, 1970 BY AND BETWEEN
MENT) THE VILLAGE OF BUFFALO GROVE, ILLINOIS, AND WHEELING
TRUST & SAVINGS BANK AS TRUSTEE UNDER TRUST #723.
Ordinance extends the annexation agreement of the
Santoro property, 2.6 acres located at the inter-
section of Lake-Cook Road and Route 83. Upon roll
call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAYES: 0 - None
Motion declared carried.
MFT AUDIT Moved by Bogart, seconded by Mendenhall to accept the
1976 and 1977 MFT audit reports . Upon roll call , the
vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAYES: 0 - None
Motion declared carried.
SUFFIELD PLACE/ Moved by Bogart, seconded by Mendenhall to accept the
APPEARANCE Appearance Commission recommendation and approve the
COMMISSION street tree plan, the temporary construction sign, the
RECOMMENDATIONS elevations, and the model area landscaping for Suffield
Place subject to certain stipulations. Development is
located at Busch Road and future Buffalo Grove Road
extended. Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAYES: 0 - None
Motion declared carried.
1979 MFT Moved by Bogart, seconded by Mendenhall to authorize
MATERIALS bidding for 1979 MFT materials. Upon roll call , the
vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall
Kandel
NAYES: 0 - None
Motion declared carried.
BUSINESS DISTRICT President Fabish appointed Carl Genrich Temporary
DEVELOPMENT Chairman of the Business District Development Commission
COMMISSION/ and asked that he meet with members of the current Town
`•� APPOINTMENT Center Committee to recommend members and term of office
so that they can be appointed on March 5, 1979. Moved
by Marienthal , seconded by Mendenhall to concur with
the President 's appointment. Upon voice vote, the
motion passed unanimously.
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ORDINANCE #79-18 Moved by Bogart , seconded by Mendenhall to pass
(AMEND ZONING Ordinance #79-18, AN ORDINANCE AMENDING ARTICLE XIII
ORDINANCE) OF THE BUFFALO GROVE ZONING ORDINANCE. Ordinance
authorized Z.B.A. to consider certain variations of
the Zoning Ordinance in R-1 through R-9 and B-2 and B-3
zoning districts.
President Fabish stated that if the Board decides to
permit variations for yard requirements in a business
district, there should be a requirement for additional
screening. He felt that a 20% variation would be enough
to cover the 9 ' discrepancy with the Dominick building.
Trustee Mendenhall felt that the Board should let the
Z.B.A. determine if a variation request was equitable.
He felt each case should be handled on its own merits .
Trustee Kandel felt that less than a 33% variation in
business districts should be considered because of the
larger yard requirements involved.
Trustee Rech referred to the minutes of the meeting held
when authority for granting variations in the R-1 through
R-6 zoning classifications only was granted to the Z.B.A.
for their review and hearing. The minutes reflected
that the Board excluded any other zoning classifications
specifically. She felt that if the Z.B.A. is given final
authority in granting variations, there should be safe-
guards.
Trustee Marienthal stated that prior to 1973, the Z.B.A.
had the powers to grant variations in business districts
and only one was granted which was for a loading dock in
Plaza Verde.
Several Trustees felt the entire Zoning Ordinance should
not be amended just because of the one mistake that
occurred with the Dominick building under construction
in the Buffalo Grove Mall .
Richard Heinrich, Chairman of the Z.B.A. ,stated that
Dominick representatives advised the Z.B.A. that because
of mortgage commitments, they would have to withdraw
from their lease in the Buffalo Grove Mall unless their
building were made legal , and the only way to make it
legal is to grant a variation for it.
Trustee Kandel felt that since residents are allowed
variations, businesses also should be permitted the
same type of flexibility.
Eliott Hartstein, member of the Z.B.A., felt that some
Village body should have the authority to grant variations
in a given situation if it is proven necessary.
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Trustee Rech felt that any variation in R-7 through
R-9 and business zoning districts should go back to the
Plan Commission because it would constitute a major
change in plan of development.
Trustee Stone said if this were not a staff problem,
he would favor requiring the developer to tear the
building down.
In discussing the problem of the Dominick building being
built too close to the property line, Mr. Raysa advised
the Board of the following alternatives:
1) To make the situation correct, it would take legis-
lative action by the Board.
2) Board has power to repeal any ordinance on the books.
3) Leave the situation as it stands and direct the staff
to issue a certificate of occupancy, but it would be
issued incorrectly because it would not be in compliance
with all ordinances.
He recommended the best legislative action which would be
a variance. In response to a question from Trustee Rech,
Mr. Raysa said a fourth alternative should be discussed
in executive session since it would involve threatened
litigation.
Mr. Raysa stated that the Zoning Ordinance provided that
the Z.B.A. can grant approval of a variation application,
and the Board must grant the variation by ordinance.
He said the Board made a policy decision some time ago
to permit the Z.B.A. to have final approval .
After more discussion, it was moved by Marienthal ,
seconded by Rech to adjourn to executive session to
discuss threatened litigation. Upon roll call , the
vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAPES: 0 - None
Motion declared carried.
Executive session took place from 9:35 P.M. until 9:55 P.M.
After returning from the executive session, Trustees
Bogart and Mendenhall withdrew their original motion and replaced it with
another.
Moved by Bogart , seconded by Mendenhall to pass Ordinance
#79-18, AN ORDINANCE AMENDING ARTICLE XIII OF THE BUFFALO GROVE ZONING
ORDINANCE, with the following changes: 1) Section (e) - 33% changed to 20% -
delete any reference to B-2 zoning district, and 2) add section to provide
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that any variation in a business district would require a recommendation
of the Appearance Commission with regard to screening. Upon roll call , the
vote was:
AYES: 4 - Bogart, Mendenhall , Kandel , Fabish
NAPES: 3 - Rech, Marienthal , Stone
Motion declared carried.
Trustee Marienthal explained that his negative vote
was because he felt procedures and parameters should be instituted prior
to any change or amendment to the ordinance.
In response to a question from Trustee Rech, Mr. Raysa
stated that a majority vote was all that was necessary. He said a 2/3 vote
is required only when a written protest signed by 20% of the adjacent home-
owners has been presented.
Trustee Marienthal suggested the Board meet with the
Z.B.A. and the Plan Commission to discuss parameters of responsibility.
Elliott Hartstein of the Z.B.A. said the Dominick public
hearing was continued until February 27 at which time they would know if
they had the authority to grant a variance.
EARLY LEARNING After lengthy discussion, it was moved by Mendenhall ,
CENTER seconded by Bogart to issue a temporary certificate of
occupancy for the Early Learning Center subject to the
following conditions and restrictions:
1 . All conditions of the T/0 must be contained in an
agreement to be executed by the owner and the Village.
2. All conditions of T/0 must be completed by June 30,
1979, or the temporary certificate of occupancy terminates.
3. All conditions not satisfied due to weather will
be bonded prior to issuance of T/0.
4. Appearance Commission review of landscaping must be
satisfied by a certain date or temporary certificate of occupancy will
terminate.
5. The structure must be fully completed prior to
issuance of temporary certificate of occupancy. Roof top screening may be
installed after temporary certificate but not later than June 30, 1979.
6. The following site improvements must be completed
prior to T/0:
a. detention casting - to be installed
b. hydrant - to be raised to approved grade
c. partial as built plans to be shot, prepared
and filed with the Village Engineer.
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7. The following must occur prior to June 30, 1979,
and work performed when children are not present:
a. finish grading and landscaping
b. parking area paving
8. As built plans to be filed not later than June 1 , 1979.
9. No children will be permitted outside until the
fence is complete.
10. Hours of construction are to be limited to those
normally acceptable to the Village.
11 . Fence must be located 12' inside the property line
per the original exhibit.
12. Height of fence must be 7' high from the finished
floor elevation of the building.
13. Roof top apparatus will be fully screened on all
sides with removable panel for fire access in a form satisfactory with the
Building Department.
14. Landscaping is subject to Appearance Commission
approval .
15. Fence gate will be installed slightly to the
southeast corner (level with homeowner's fence) .
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall ,
Kandel
NAYES: 0 - None
Motion declared carried.
STRATHMORE Ronald M. Becker, attorney representing Uptown Federal
SHOPPING PLAZA Savings and Loan, reviewed his request, dated February 13,
1979, for an amendment to the Planned Unit Development
located at the southeast corner of Route 83 and Arlington
` Heights Road (Strathmore Shopping Plaza) . Uptown Federal
is the owner of Lot #1 of the subject property and wishes
the use to be changed from restaurant to financial
institution. Mr. Becker said they plan to build a
4,000 square foot , one-story solid masonry savings and
loan branch facility. He said they are requesting a
change in use only, everything else will remain the same.
Trustee Mendenhall referred to the proposed plan, and
stated that the original plan provided for heavy landscaping on the corner
similar to Plaza Verde. Mr. Becker said they would try to comply with the
approved P.U.D.
Trustee Mendenhall asked Mr. Conrardy, who developed
the shopping center, to verify he, in fact , had agreed to provide extensive
landscaping similar to that at Plaza Verde. Mr. Conrardy indicated he had
agreed to the condition.
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Moved by Rech, seconded by Mendenhall to refer to the Plan
commission for review the proposed change in plan of development by Uptown
Federal Savings and Loan. Upon roll call , the vote was :
AYES: 6 - Rech, Bogart, Marienthal , Stone, Mendenhall , Kandel
NAPES: 0 - None
Motion declared carried.
BUFFALO NATIONAL Moved by Marienthal , seconded by Kandel to refer to the Plan
BANK CAMPUS Commission for review the change in plan of development for
the Buffalo National Bank Campus as requested in Michael A.
Speziale's letter, dated February 6, 1979.
Trustee Bogart noted that he hoped to see additional
landscaping around the bank.
Upon roll call , the vote was:
AYES: 6 - Rech, Bogart , Marienthal , Stone, Mendenhall , Kandel
NAYES: 0 - None
Motion declared carried.
ADJOURNMENT Moved by Kandel , seconded by Mendenhall to adjourn the
meeting. Upon voice vote, the motion passed unanimously.
4#7.1:."-AL"."/42V
Verna L. Clayton, Village Cle
APPROVED BY ME THIS /? DAY
OF , 1979.
Village President