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1980-03-03 - Village Board Regular Meeting - Minutes 5623 3/3/80 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MARCH 3, 1980. President Clayton called the meeting to order at 7: 35 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President Clayton ROLL CALL Trustees Marienthal , Stone, Hartstein, Kavitt. Trustee O 'Reilly arrived late, and Trustee Gerschefske was absent. Also present were: William Balling, Village Manager; William Raysa , Village Attorney; William Sommer, Assistant Village Manager; Frank Hruby, Director of Building and Zoning; James Truesdell , Village Planner; Gregory Boysen, Director of Public Works; Richard Kuenkler, Village Engineer. Moved by Hartstein, seconded by Kavitt, to approve the minutes APPROVAL OF of the February 25, 1980 Special Meeting. Upon roll call , MINUTES Trustees voted as follows : AYES: 4 - Marienthal , Stone, Hartstein, Kavitt NAYES : 0 - None ABSENT: 2 - O'Reilly, Gerschefske Motion declared carried. Village Treasurer Paul Kochendorfer read Warrant #422. Moved WARRANT `422 by Kavitt , seconded by Hartstein, to approve Warrant #422 in the amount of $174,626.98 authorizing payment of bills listed. Upon roll call , Trustees voted as follows : AYES: 4 - Marienthal , Stone, Hartstein, Kavitt NAYES: 0 - None ABSENT: 2 - O 'Reilly, Gerschefske Motion declared carried. President Clayton noted the passage of both the Home Rule CERTIFICATES OF Referendum and the Fire Service Referendum. APPRECIATION - HOME RULE REF- 'President Clayton thanked Trustee Hartstein for his work as ERENDUM AND FIRE Trustee liaison to the Home Rule Referendum Committee. She SERVICE REFERENDUM, then read a Certificate of Appreciation to be given to all COMMITTEES members of this committee, and thanked them for all their work in informing the citizens of this referendum. The Certificates were given to: Ronald Izydorek, Chairman; Leo Broviak, Seymour Greene, Rich Heinrich, James Shirley, Michael Murphy, and John Hansen. President Clayton thanked Trustee Stone for serving as Trustee liaison to the Fire Service Referendum Committee. She then presented Certificates of Appreciation to the members of this Committee, and thanked them for their work in effecting the passage of this referendum. The members of the Committee were: 5624 3/3/80 Richard Quinlan, Chairman; Don Wilson, Mary Jo Reid, William Reid, and Joe Sloat. President Clayton stated that she had attended the last meeting NORTHWEST of the Northwest Suburban Water Venture. The Phase II Engineer- SUBURBAN WATER ing report and the report of the financial consultant were pre- VENTURE sented. The Village Board will be working on this between now and May 7, and will go back to the Venture on May 7, 1980 with answers to many questions . President Clayton stated that an agreement was made in Philadelphia to increase the amount of water that can be taken from Lake Michigan to 108 cubic feet per second, which, according to the experts who were there, is enough water to provide a full allocation for all the municipalities in northeastern Illinois. All of the Lake states will have to officially act to accept this agreement, which should take approximately two months . Trustee Hartstein thanked the local newspapers (Buffalo Grove TRUSTEE REPORTS Herald, Lerner Life, Countryside Reminder, Vernon Town Crier) for the superb coverage they provided in informing residents of the issues in the informing residents of the issues in the municipal election. Mr. Hartstein also thanked Jewel, Dominick's, and Kohl 's food stores for their help in reminding shoppers to vote throughout the day on Saturday. President Clayton also thanked the staff, particularly Mr. Balling and Mr. Sommer, for their work on these two issues . Trustee Marienthal also thanked the voters for having the confidence in the Board to affirm its decision to go with the Municipal Fire Department and Home Rule. President Clayton stated that the voters have the commitment of the Board that they will be pleased that they did have this confidence. President Clayton asked if there were any questions from the QUESTIONS FROM audience. There were none. THE AUDIENCE President Clayton explained the Consent Agenda, and stated that CONSENT AGENDA any member of the audience or the Board could request that an item be removed for full discussion. There were no such requests. Moved by Marienthal , seconded by Stone, to pass Resolution #80-9, RESOLUTION #80-9 a resolution approving a supplement to the Engineering Services Agreement for the Arlington Heights Road (Lake-Cook Road to Illinois Route 83) Street Improvement . Necessary design work extras have been approved by the Village and Lake County staff in conjunction with the Arlington Heights Road reconstruction in the amount of $7,975. Buffalo Grove's share is $797.50. 5625 3/3/80 Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein, Kavitt NAPES: 0 - None ABSENT: 2 - O'Reilly, Gerschefske Motion declared carried. Moved by Marienthal , seconded by Stone, to pass Ordinance #80-11 , ORDINANCE #80-11 amending Title 10 of the Buffalo Grove Municipal Code (Traffic) - Ar_end_ in Title Thompson and Brandywyn traffic control . 10 - Munici al Code �._. The Engineering Division has completed a traffic study of the subject intersection and finds yield signs warranted to be placed on Thompson Boulevard at Brandywyn. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein, Kavitt NAPES : 0 - None ABSENT: 2 - O' Reilly, Gerschefske Motion declared carried. Moved by Marienthal , seconded by Stone, to approve the Appearance EXECUTIVE Commission recommendation for the Executive Environs Office ENVIRONS Building Revised landscape plan. Upon roll call , Trustees voted OFFICE BUILDING as follows : AYES: 4 Marienthal , Stone, Hartstein, Kavitt NAPES: 0 - None ABSENT: 2 - O'Reilly, Gerschefske Motion declared carried. Moved by Marienthal , seconded by Stone, to approve the Appearance NORTHWOOD Commission recommendation for architecture and materials for GROVE maintenance building, garages , carports, and location of trash areas for Northwood Grove. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Stone, Hartstein , Kavitt NAPES: 0 - None ABSENT: 2 - O 'Reilly, Gerschefske Motion declared carried. The Village Clerk announced that the judges of election in VOTE CANVASS each precinct had duly delivered the ballots, returns, and tally sheets in connection with the special election held on the 1st day of March, 1980. The Clerk read the return which showed the following: AMBULANCE TAX Shall the Village ofNBuffalo Grove, Cook and Lake Counties, Illinois, levy a municipal ambulance tax of not to exceed 2.5/10 of to of the equalized assessed value of all taxable property in the Village? PRECINCT # TOTAL VOTES TOTAL VOTES TOTAL TOTAL NUMBER OF CAST YES CAST NO DEFECTIVE BALLOTS Ill BALLOT BALLOTS BOX 1 82 27 1 110 2 84 23 6 113 I 5626 3/3/8o 3 147 36 3 186 4 144 29 3 176 5 239 74 3 316 6 136 28 2 166 7 177 55 5 237 8 125 21 0 146 9 165 137 3 305 l / l0 238 207 8 453 v TOTAL VOTES CAST FOR AMBULANCE TAX: Total votes cast YES 1 ,537 Total votes cast NO 637 Total defective ballots 34 Total number of ballots in ballot box 2 ,208 FIRE SERVICE TAX Shall the Village of Buffalo Grove, Cook and Lake Counties, Illinois , levy a municipal fire protection tax not to exceed 4/10 of 10 of the equalized assessed value of all taxable property in the Village? PRECINCT # TOTAL VOTES TOTAL VOTES TOTAL TOTAL NUMBER OF CAST YES CAST NO DEFECTIVE BALLOTS IN BALLOT BALLOTS BOX _ - 1 88 21 1 110 2 89 19 4 112 3 155 28 3 186 4 144 29 3 176 5 257 56 3 316 6 137 27 2 166 7 188 44 5 237 8 134 12 0 146 9 182 119 4 305 10 254 192 7 453 TOTAL VOTES CAST FOR FIRE SERVICE TAX: Total votes cast YES 1 ,628 Total votes cast NO 547 Total defective ballots 32 Total number of ballots in ballot box 2,207 HOME RULE Shall the Village of Buffalo Grove, Cook and Lake Counties , Illinois, adopt the Home Rule form of government? 5627 3/3/80 PR_ECINCT _# TOTAL VOTES TOTAL VOTES TOTAL TOTAL NUMBER OF CAST YES CAST NO DEFECTIVE BALLOTS IN BALLOT BALLOTS BOX 1 59 50 1 110 2 80 27 6 113 3 129 54 3 186 4 106 69 1 176 l 5 150 163 3 316 v 6 91 72 3 166 7 121 111 5 237 8 94 50 2 146 9 145 157 3 305 10 226 217 10 453 TOTAL VOTES CAST FOR HOME RULE: Total votes cast YES 1 ,201 Total votes cast NO 970 Total defective ballots 37 Total number of ballots in ballot box 2,208 Moved by Kavitt, seconded by Marienthal , to pass Resolution RESOLUTION #80-8 #80-8, declaring the results of the Municipal Election held on Referendum March 1 , 1980. Upon roll call , Trustees voted as follows: Results AYES: 4 - Marienthal , Stone, Hartstein, Kavitt NAYES: 0 - None ABSENT: 2 - O'Reilly, Gerschefske Motion declared carried. President Clayton stated that the Public Hearing on the Thread THREAD CREEK Industrial Center had been continued until tonight. However, the documents necessary for Public Hearing were still not available. Moved by Stone, seconded by Kavitt, to continue the Public Hearing on the property located at the southeast corner of Busch and Weiland Roads to April 7, 1980. Upon voice vote, the motion was unanimously declared carried. Trustee Hartstein stated that this matter was brought before ORDINANCE #80-10 the Board several weeks ago, at which time numerous sugges- B-5 ZONING tions were made with regard to the ordinance as proposed, the ORDINANCE— must significant of these suggestions being the exclusion of the two gasoline service stations from the B-5 Town Center planned district. Also, there was significant change relating to the ground signs not being allowed unless they are approved along with the unified sign program, and some additional pro- cedural changes that were suggested by the Village attorney. Moved byHartstein, seconded byMarienthal , to pass Ordinance #80-10. Mr. Salvatore Santoro asked that decision on this ordinance be delayed until he and his attorney had a chance to review it. It was stated that, since the change regarding service stations was made, there should be nothing which Mr. Santoro or his attorney could object to. 5628 3/3/80 Upon roll call , Trustees voted as follows: AYES : 4 - Marienthal , Stone, Hartstein, Kavitt NAPES: 0 - None ABSENT: 2 - O'Reilly, Gerschefske Motion declared carried. President Clayton read a proclamation proclaiming the week PROCLAMATION of March 16-22, 1980 as American Association of University AAUW Women Week in Buffalo Grove in recognition of their significant �•J contribution to the community. President Clayton read a proclamation proclaiming the month of PROCLAMATION - March, 1980 Emergency Services and Preparedness month in Buffalo ESDA Grove. Trustee O' Reilly arrived at this point in the meeting. Mr. Brimm explained the procedure followed in selecting a new GOLF COURSE - lessee for the food and bar service at the Golf Course. The ram-Alb-go changes in the lease are as follows: in the first paragraph, SERVICE E a general change will be made to mention the names of both RESOLUTION #80- 10 persons, and add the name of their partnership; this change will also occur in the signatures at the very end of the lease. Moved by Marienthal , seconded by Hartstein, to pass Resolution #80-1c which accepts the lease between the Village of Buffalo Grove and the partnership of James Bakshis and Michael Downar. Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. Mr. Balling introduced Mr. Bakshis and Mr. Downar to the Board. It was decided to go out of order on the agenda, and deal with APPEAL OF ZBA Item B under New Business at this time, since there were so DECISION- 971 many people in the audience regarding this item. INDIAN SPRING Trustee O 'Reilly explained that this is an appeal of a ZBA decision by Mr. Bobby Johnson, which approved a rear yard variation of 9 ' . This would leave only 21 ' between the Kasper 's home and Mr. Johnson 's property. Mr. Bob Johnson of 1031 Alden Lane read a statement of his objections to this room addition . Mrs . Joan Schilling of 1027 Alden Lane read a statement of her objections to the Kasper 's room addition. Mr. Kasper distributed a statement to the Board, and then read his statement addressing the objections of Mr. Johnson and Mrs. Schilling. 5629 3/3/80 Mr. Kasper distributed letters from area real estate brokers stating that room additions enhance property values. The Clerk responded to Mr. Schilling regarding the certified letter which was not presented as testimony at the ZBA hearing. Trustee O 'Reilly suggested that the Board get away from the issue of the letter, and the personalities involved, and deal with the question of whether the Board feels that a 21 ' yard is sufficient. Mr. Raysa quoted from Section 11-13-4 of the Illinois Municipal Code defining "hardship". President Clayton stated that, since there was testimony pre- sented tonight that was not presented at the ZBA hearing, this should be referred back to the ZBA. Moved by O'Reilly, seconded by Stone for the sake of discussion, that this item be referred back to the Zoning Board of Appeals for a full re-hearing. Trustee Hartstein stated that he felt that, since there were a large number of people present regarding this issue tonight, he felt the Board should deal with it tonight. Trustee Kavitt concurred with Trustee Hartstein. Trustee O'Reilly withdrew her motion. Discussion followed on whether this room addition would cost more if it were added on to the front of the house instead of the rear, and if this addition would cause any drainage problems. Mr. Rupsus of 1023 Alden Lane stated that he lives behind the Kaspers, and told his objections to the proposed room addition. Mrs. Gerry Getlin stated that she is a realtor, and also has a rear room addition, and she does not feel that this would do anything but enhance the neighborhood. Mr. Marshall Rosenberg of 961 Indian Spring, stated that he has no objection to the Kaspers proposed addition. Mr. Bobby Johnson again discussed his reasons for opposing the proposed room addition. Mr. Bill Brenner of 951 Indian Spring, stated that he would prefer to see the addition built on the back of the house, rather than the front. Moved by O' Reilly, seconded by Marienthal , to overrule the ZBA decision, and deny the rear yard variation at 971 Indian Spring. Mr. Norman Lind, 981 Indian Spring, stated that he has no objection to the rear yard room addition. Mr. Bobby Johnson stated that there would be no variation required if the addition were put on the front of the house. 5630 3/3/80 Trustee Hartstein stated that, based on the testimony presented tonight, it is clear that a hardship does exist. Upon roll call , Trustees voted as follows: AYES : 4 - Marienthal , Stone, O' Reilly, President Clayton NAYES: 2 - Hartstein, Kavitt ABSENT: 1 - Gerschefske Motion declared carried. Discussion ensued on whether or not the motion required a 2/3 majority. There were differing opinions on this requirement; therefore, President Clayton did vote. Mr. Robert Johnson, representing the Chevy Chase Sewer and Water, CHEVY CHASE SEWER stated that they are requesting the construction of a trunk line AND WATER from the Chevy Chase Sewer and Water Company to the line which presently exists at the southern boundary of the Inverrary subdivision. Mr. Johnson said that he had given their entire position at the February 11 , 1980 Board meeting. They are only asking for the Board 's consent to the connection of the existing homes (75 single family homes, 4 restaurants, 1 two-story building, and the Chevy Chase Country Club) . They are not requesting any money from the Village. Mr. Johnson believes that the people being serviced are the ones who are going to be hurt if the Board does not consent. Trustee Hartstein asked if the Board granted their consent to this, the Johnson family would get together with the Village staff to discuss annexation. Mr. Robert Johnson, owner of the property, stated that he is only one of the owners of the property, and he must talk to the rest of his family before agreeing to discuss annexation. Trustee Hartstein stated that annexation is not a condition for the Board agreeing to this connection, but he does feel that the Johnson family should be willing to at least discuss annexa- tion. Trustee Kavitt agreed with Trustee Hartstein, and stated that the reason he made a motion to table this at the last meeting was to get some type of a commitment from the Johnson family to at least discuss annexation. Trustee Stone stated that he can see no benefit to the Village of Buffalo Grove in this agreement as it stands. �•/ Moved by Stone, seconded by Marienthal , to deny the request of the Chevy Chase Utility Company. Mr. Jordan Shifrin stated that he represents the three condominium associations that directly border the subject property on the north. Mr. Shifrin cited the reasons that these associations are concerned with the decision at hand. Mr. Shifrin said these associations wish to be put on notice for any further discussions of this subject . He said that they are not directly affected by the issue before the 5631 3/3/80 Board tonight, but rather by possible forcible annexation by some municipality at some time in the future. President Clayton declared a recess from 9:45 until 10:05 P.M. RECESS Trustee Hartstein moved to table the pending motion. He explained that the Johnson family would not have an opportunity to meet to determine if annexation discussions were possible until the end of the first week in April . Trustee Kavitt seconded the motion. �•/ Trustee Marienthal asked that Mr. Johnson, the owner of the property, and his attorney confirm the statement that Trustee Hartstein made. Mr. Johnson, the attorney, stated that he could not guarantee that they would be granted a continuance by the court, although he is hopeful of same. Mr. Johnson, the owner of the property, stated that he will have to get together with his entire family to discuss this situation at length. Trustee Stone asked Mr. Johnson, the owner of the property, if it is true that they have petitioned the MSD to extend its boundaries to service the Chevy Chase property. Mr. Johnson stated that he believed the Village of Wheeling was talking with the MSD. Upon roll call , Trustees voted as follows on the motion to table until April 21 , 1980: AYES: 3 - Marienthal , Hartstein, Kavitt NAPES: 2 - Stone, O'Reilly ABSENT: 1 - Gerschefske Motion declared carried. Trustee Kavitt stated that there were a group of homeowners. SCHWABEN CENTER/ present who did not realize that they were to speak during RIDGEWOOD z _� Questions from the Audience. President Clayton asked if there was any objection to again calling for Questions from the Audience. There was none, A representative of the Ridgewood homeowners read a petition containing 53 signatures requesting that the Schwaben Center be denied a renewal of their Class C liquor license for the year 1980. This petition is on file in the Clerk's office. The reasons cited for this request are loud noise late at night, litter throughout the neighborhood, underage drinking, etc. The homeowners are not asking for a revocation of the liquor license, but rather a re-classification . President Clayton asked that the group have a representative for the Village to notify, and a copy of the letter that Mr. Dahl read. She stated that the staff will gather information regarding this situation, and put it on a future agenda. 5632 3/3/80 As a point of information to the chair, Trustee Hartstein APPEAL OF read from the State Statutes stating that the previous vote ZBA_ DECISION - on the ZBA ruling should have a 2/3 vote of Trustees, not 971 INDTAN corporate authorities; therefore, it is his feeling that the SPR11\16i.- ZBA decision should stand and not be overruled. Mr. Raysa stated that, as he reads the Statutes, the action necessary tonight required a vote of the majority of the Trustees . That vote did have a majority of the Trustees, and , therefore, is valid. Trustee O'Reilly stated that the Board must abide by the decision of the Village Attorney. Moved by Kavitt, seconded by Hartstein, that the vote taken regarding the variation officially be shown in the record as 3 AYES, 2 NAYES, rather than 4 AYES, 2 NAYES . AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. Mr. Louis Shassian explained that 319 manor homes have been WYNNEDALE approved for this parcel . He said that, since the Village is desirous of retaining the open space adjacent to the creek area, they are now proposing to build the same type of units entirely to the south of the creek, but will have two larger buildings to get the same density. Building on the entire site created wet detention areas, and did not leave any open space. Mr. Shassian displayed a Preliminary Storm Water Management Plan showing what happens to the area during flood stage. He pointed out the lines indicating both the 100 year and the 10 year storms, and said that there would be little or no change relative to flooding of the area after development. He said there is minimal change which must be done to the site as far as grading, and showed an overlay again outlining the 100 year and 10 year storms . In answer to a question from Trustee Marienthal , Mr. Shassian stated that there are studies done for the 100 year and 10 year storms. The studies are done by HUD and Soil Conservation; one is greater than the other, and they are using the greater one. He said that , in order for the land that he is donating north of the creek to be under water, the entire golf course would also have to be under water. Trustee Marienthal asked if Mr. Shassian can assure the Board that the building will not create any further waters to the site. Mr. Shassian said that they will retain all water from the site on site. He pointed out where the compensating storage for the 100 year storm would have to be. 5633 3/3/80 Mr. Balling stated that this plan is a sound design, and explained how the plan was devised. Memos from Mr. Balling and Mr. Kuenkler with facts on this plan are on file in the Clerk's office. Mr. Kuenkler has suggested that the Village get a detailed analysis of the flood study. Trustee Stone said that he favored Mr. Kuenkler 's suggestion of detailed evaluation. It was stated that this would have to be done through HUD in Washington, and discussion followed on the length of time involved in this process. V Trustee Marienthal asked for a tree survey for the Plan Commission of the trees outside of the creek area. In answer to a question by Trustee O'Reilly regarding the pie-shaped detention areas to the south of the creek, it was stated that they won 't be discernible, and will have less than a 1% slope. The reason for their existence is to keep the south bank of the creek intact. Moved by O 'Reilly, seconded by Hartstein, to refer the Wynnedale Development to the Plan Commission. She would like to have the staff do a detailed study of the compensatory storage, and also have a tree survey done of the entire development. Discussion took place regarding the method of securing the HUD study, and of how much value this study would be. Mr. Shassian stated that this plan they have designed meets the present ordinance requirements. They feel this is a better plan than what is approved to date. President Clayton asked for clarification of peak flooding, and how long before the water would drain off. Mr. Shassian 's engineer stated that a two year rain , followed by dry weather, should drain in 2-3 days. Trustee O' Reilly reworded the motion to read: Trustee O'Reilly moved to refer the Wynnedale plan to the Plan Commission with a tree survey to be included. Trustee Hartstein seconded the motion. Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. Trustee O' Reilly asked the staff to investigate the timing on a HUD study. Trustee Marienthal asked that the minutes of tonight 's meeting be submitted to the Plan Commission. Mr. Richard Lofton of Home Federal of Chicago introduced his HOME FEDERAL associates. '— Mr. Lofton showed slides depicting their facilities in various areas . He explained the reasons why they had changed their name from Home Federal Savings to Home Federal of Chicago, and the reasons they ask for the change to their signs. 5634 3/3/80 Mr. Lofton explained in the slide presentation how their new logo was being used on everything having to do with the organization. A packet was distributed showing all the configurations of their new sign in various places. This packet is on file in the Clerk's office. Trustee Marienthal stated that there are no other logos allowed in the Plaza Verde Shopping Center. The representative from Home Federal stated that, because they have more than one location in the Chicagoland area, it is important to them to have all signs uniform for the purpose of customer identification. Moved by Hartstein, seconded by O'Reilly to approve the use of a logo providing that it does not exceed the height of the largest capital letter in the sign, and that all the words are on the same line. A representative from Brim/Braun explained his reasons for wishing the new sign to be approved. 1 Trustee Hartstein said that he wants to maintain the integrity of the sign package of the Village. The intent of his motion is to have this sign conform to the sign package which was approved for Plaza Verde. Discussion followed on the size of the letters , and the placement of the letters on the sign. Mr. John Del Campo stated that, because there is another Home Federal in the area, there is public confusion between these two associations. Mr. Ron Helms , a former member of the Appearance Commission, stated that the key to the sign package is consistency. He said that, since this is a separate building, it should be determined whether or not it should have to conform to the sign package of the center. Trustee Marienthal stated that, just because a company changes their logo, it does not necessarily mean that the Village has to go along with it. Upon roll call , Trustees voted as follows : AYES: 3 - O 'Reilly, Hartstein, Kavitt NAPES : 2 - Marienthal , Stone ABSENT: 1 - Gerschefske Motion declared carried. Moved by O'Reilly, seconded by Stone, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 12 :00 midnight. Jane . Sirabian, Village Clerk APPROVED BY ME THIS } 1 rk DAY ar , 1'980 O Village si ent - � - 1 I