1980-07-07 - Village Board Regular Meeting - Minutes 5698
7/7/80
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JULY 7, 1980
The Village Clerk called the meetingto order at 7:40 P.M. CALL TO ORDER
Those present stood and pledged allegiance to the Flag.
Roll call indicated the following present: Trustees ROLL GALL
Marienthal, Stone, Hartstein, Kavitt, Gerschefske.
President Clayton and Trustee O'Reilly were absent.
Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; William Sommer, Assistant
Village Manager; Gregory Boysen, Director of Public Works;
Richard Kuenkler, Village Engineer; Frank Hruby, Director
of Building and Zoning; James Griffin, Assistant Building
and Zoning Administrator; James Truesdell, Village Planner;
and Paul Kochendorfer, Village Treasurer, William Brimm,
Finance Director.
Moved by Stone, seconded by Hartstein, to appoint Trustee PRESIDENT PRO TEM
Marienthal President Pro Tem. Upon voice vote, the motion
was unanimously declared carried.
Moved by Hartstein, seconded by Gerschefske, to approve the APPROVAL OF MINUTES ,
minutes of the June 16, 1980 Regular Meeting. Upon roll
call, Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
Village Treasurer Paul Kochendorfer read Warrant #431 . Moved WARRANT # 431
by Kavitt, seconded by Stone, to approve Warrant #431 in the
amount of $567,470.10 authorizing payment of bills listed.
Upon roll call, Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
President Pro Tem Marienthal reviewed and commented on VAGA
President Clayton's memo of July 2, 1980 to the Board re
VAGA INTERGOVERNMENTAL LAND USE AND BOUNDARY AGREEMENT.
He requested a polling of the Board to determine if the
Trustees feel that it is in the best interest of the
Village to review any land plan for Vernon Township upon
submission by ourselves or a member of VAGA.
Mr. Balling commented on this proposed agreement. He stated
that the County Board Chairman is interested in effecting
intergovernmental agreements as a precondition for accept-
ance of the Lake County Master Plan by Township. The
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represented use of that agreement would be to make long-term
capital funding decisions for County expenditures. The
principle concern of the Village, as it always has been with
VAGA as other than an advisory role, is that it does not
proportionately represent the population of Vernon Township
and, in fact, puts Buffalo Grove at a severe minority position
when it is, in fact, a majority of the population in Vernon
Township. The need is for Buffalo Grove to insure that it
can compete for long-range capital funds that may be available
through the County, without being disadvantaged by a minority
vote through an association which does not proportionately
represent the population of the Township.
Trustee Stone stated that the original purpose of VAGA was
a planning tool and a place for various governmental bodies to
get together and discuss planning for all of Vernon Township.
He sees no benefit to Buffalo Grove to enter into an agreement
of this type.
Trustee Hartstein agrees with Trustee Stone. The intent of
VAGA was to be a vehicle for better communications between
communities. He would be strongly opposed to entering into
an agreement allowing VAGA to become a planning voice in
any formal sense within the Township.
Trustee Kavitt concurs with the above.
Trustee Gerschefske stated that the Village has made its
position regarding VAGA clear in the past. VAGA was to be
an organization to open up communications between its members,
and it should be continued as such.
President Pro Tem Marienthal requested a polling regarding
whether or not the Village of Buffalo Grove should enter into
an Intergovernmental Agreement with VAGA that would give VAGA
review authority for capital improvements and development plans
within the Village of Buffalo Grove. An affirmative vote would
support the municipal sovereignty rather than VAGA:
AYES: Stone, Hartstein, Kavitt, Gerschefske
NAYES: None
ABSENT: O'Reilly
ABSTAIN: President Pro Tem Marienthal
A polling was also taken regarding the proposed resolution of
Lake County requesting the County Board to participate in
litigious actions against the Village of Buffalo Grove
opposing the annexation of the Citrust property. The Board
was polled to take a formal position opposing the expenditure
of County funds which interfere with the sovereignty of
Buffalo Grove or any other municipality in terms of individual
decision making processes relating to land use:
AYES: Stone, Hartstein, Kavitt, Gerschefske
NAYES: None
ABSENT: O'Reilly
ABSTAIN: President Pro Tem Marienthal.
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Trustee Hartstein reported on two resolutions passed at TRANSPORTATION
the last Transportation Commission meeting. They will be on COMMISSION
the agenda for the next Regular Board meeting.
Mr. Balling reported on the completion of the Caren Court CAREN COURT
drainage problem, and stated that there will be one final DRAINAGE
inspection in the fall, but no problems are anticipated at
that time.
President Pro Tem Marienthal asked if there were any questions QUESTIONS FROM
from the audience. There were none. THE AUDIENCE
President Pro Tem Marienthal explained the Consent Agenda, CONSENT AGENDA
and stated that 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 Stone, seconded by Gerschefske, to pass Resolution RESOLUTION #80-34
#80-34•, a resolution appointing the firm of R. V. Norene (R. V. Norene &
and Associates to act as financial consultants on commercial Associates)
and industrial revenue bond applications.
The final legislative action needed to implement the Commercial
and Industrial Revenue Bond program is appointment of the
fiscal consultant. After reviewing proposals, staff re-
commends the appointment of R. V. Norene & Associates as
fiscal consultants for this program. Upon roll call,
Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
Moved by Stone, seconded by Gerschefske, to pass Ordinance ORDINANCE #80-30
#80-30, amending Chapter 5.20 of the Buffalo Grove Municipal (Liquor Controls -
Code (Liquor Controls - Wine Tasting) . The Village President Wine Tasting)
requests consideration of legislation which permits wine
tasting demonstrations in the Village. Upon roll call,
Trustees voted as follows:
AYES: 4• - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
Moved by Stone, seconded by Gerschefske, to award contract 1980 MAINTENANCE
for FY 80-81 contract maintenance program. Staff recommends CONTRACT BID
Liberty Asphalt as low qualified bidder for this program
for a total program cost of $134,576.22 which includes
$2,500.00 for inspection and testing. Upon roll call,
Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
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Moved by Stone, seconded by Gerschefske, to review recom- VILLAGE HALL PARK-
mendation of staff to reject bids and re-authorize bidding ING LOT IMPROVEMENT
for Village Hall Parking Lot Improvement. Staff recommends
rejecting bids and re-bidding of this program based upon
the cost. Reauthorization will occur 7/21/80. Upon roll
call, Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
Moved by Gerschefske, seconded by Kavitt, to pass Resolution RESOLUTION #80-35
#80-35, a resolution initiating issuance of waterworks and (Refunding Revenue
sewerage refunding revenue bonds, series 1980 of the Village Bonds)
of Buffalo Grove, Cook and Lake Counties, Illinois. Upon
roll call, Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
Mr. Kuenkler gave the Board an update of this subject, con- CROSSINGS - PHASE I
tained in his memo to Mr. Balling of June 25, 1980. PLAT OF DEDICATION
FOR PUBLIC STREETS
Trustee Stone stated that, at the time this was originally
discussed, neither Fairfax Court nor Gelding Court were
considered as streets to be dedicated, and he asked that
they be removed from the dedicated streets.
Trustee Stone moved that the Village dedicate the public
streets in the Crossings - Phase I, with the exception of
Fairfax Court and Gelding Court.
President Pro Tem Marienthal stated that his recollection
II
was that everything was to be included in the dedication.
Mr. Balling stated that Fairfax and Gelding Courts were
not tested, and stated that if they were to be dedicated,
staff would request testing to see if there were any
supplemental cash deposits that would need to be posted
for corrective action.
Mr. Mark Bischoff, former president of the homeowner's
association, pointed out that there was a letter of agreement
between the Richards Group, the Crossings Homeowners
Association, and the Village. He stated that it was always the
intention of all parties involved to dedicate all streets in
Phase I. The agreement dated March 20, 1978 intended that
all streets in Phase I be dedicated.
Mr. Jim Button, Crossings homeowners association, stated that
these two courts in question were shown on the original
documents as having different names.
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Mr. Balling stated that if these streets were tested and
did not meet Village standards, staff would want to make
recommendations on remedial work prior to acceptance.
Mr. Bischoff stated an objection on the part of the home-
owners' association to going back at this point and re-
doing the work which should have been done two years ago.
President Pro Tem Marienthal asked staff to check to see
if there are any bonds still outstanding on that particular
phase of the development.
Trustee Hartstein seconded Trustee Stone's motion. Upon
roll call, Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
It was stated that the Village has an obligation to accept
those streets since the agreement clearly covers all Phase I
streets.
Mr. Balling stated that there are parking annexes that are
still not a part of this; i.e. not all paved areas are in-
cluded in this agreement.
President Pro Tem Marienthal would like to have staff
directed to test the two streets involved, and report
back to the Board as to the status of same. Discussion took
place regarding the above, and the reasons the pavements
were not tested at the time the other streets were tested.
Mr. Boysen stated that staff recommendation is that the
agreement be adhered to.
Moved by Hartstein, seconded by Kavitt, that the Village,
pursuant to this agreement, accept Fairfax and Gelding Courts,
in view of the fact that they are obligated to do so pursuant
to this agreement.
Discussion followed on whether or not the streets should be
tested at this point; and also as to whose responsibility
it would be to bring the streets up to Village standards
if necessary.
Mr. Balling stated that there was a report filed under his
signature for the Board on the testing review. He stated
that there is reasonable doubt that the two streets in
question were considered either parking areas or driveways.
The pavement in question is 10% or less of the total pave-
ment in Phase I, and would not result in a major public
impact if it were accepted.
Upon roll call, Trustees voted as follows on the motion:
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AYES: 3 - Hartstein, Kavitt, President Pro Tem Marienthal
NAYES: 2 - Stone, Gerschefske
ABSENT: 1 - O'Reilly
Motion declared carried.
The review of this subject was tabled until the next Regular POPPIN FRESH SIGN
Village Board meeting.
Trustee Stone explained that the Village has been requested SCHWABEN CENTER
by the United German-American Societies of Greater Chicago
to waive the security deposit for their German Day celebration
at the Schwaben Center.
Moved by Stone, seconded by Gerschefske, that the Village
not waive the $1,000 security deposit for German Day fes-
tivities on July 12 and 13, 1980 at the Schwaben Center.
Upon roll call, Trustees voted as follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
Mr. Balling explained the events leading up to tonight's BUFFALO GROVE
meeting. The Plan Commission held a Public Hearing and INDUSTRIAL PARK
made a recommendation to the Village Board on approval of
the Preliminary Plat. Provisos made to the Preliminary
Plat to be resolved prior to final platting and recordation
of any plats of the subdivision:
. . .Determination of restricted accesses both at Industrial
Drive and Pauline for fire access, and at Armstrong and
Industrial Drive to restrict turning movements.
. . .A requirement that a covenant be filed restricting the
use and storage of hazardous waste.
President Pro Tem Marienthal entered into the record a
letter dated July 3, 1980 and distributed to the Board, and
a supplemental listing of people signing a petition pre-
viously received.
Mr. Balling also entered into the record a letter from the
Sawyer Realty Group, making certain observations on the
impact of the extension of Armstrong Drive to Lake-Cook.
Mr. Lawrence Freedman, attorney, 77 W. Washington, Chicago,
representing the peittioner, made the following comments:
. . .With regard to the improvement and connection to Armstrong
Drive, the developer's position is that they initially
did not want to put Armstrong through; they still feel
that way, but are prepared to put it through if that is
the Board's direction, and they are prepared to restrict
any access desired coming south off of Industrial Drive.
. . .They are agreeable to the limited access north to Pauline.
. . .Regarding roadway improvements along Pauline, since they
are not going to be using Pauline except for emergency
access, they ask that the Board not impose the Pauline
Avenue improvements.
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. . .Similarly, they ask that Lake-Cook Road improvements be
removed or lessened.
. . .Since Industrial Drive is apparently going to be a limited
access road, they ask that the 350' interval prescribed
for street lights be widened.
. . .With respect to Mr. Balling's comment regarding covenants,
they are in full agreement, and state for the record that
they are prepared to provide whatever protective covenants
on the point of hazardous wastes as would meet Mr. Raysa's
approval, and to have the recordation of the final plats
conditioned on the approval of those covenants which
they would submit to both Mr. Raysa and the Board.
Regarding the buffering of the project, Mr. Ric Piggott,
staff engineer for Lexington Development, stated that there
would be 60' setbacks, the rear 30' of which must be green
area, and a 6' stockade-type fence.
Mr. Jon Nelson, Johnston & Associates, stated that, in light
of the fact that the property to the east , known as Columbia
Gardens, is unimproved, undeveloped subdivision shown on the
Buffalo Grove Master Plan as industrial use, they are asking
a waiver of the requirement to have minimum 40,000 square foot
lots along the perimeter. They are also asking a waiver on
the transitional yard requirement. Discussion took place
on the possible types of buffering which could be used in
this area, particularly the fence requirement and the grade
differential in the land.
Mr. Freedman stated that they are confident that the landscaping
plan which they will ultimately present to the Village will
be satisfactory.
Mr. Bill Patterson, a resident of the area, questioned the
use of hazardous chemicals in this development. Mr. Balling
and Mr. Sommer explained that the EPA guidelines would be
followed regarding same.
Mr. James Bedlamente, Horatio Gardens Homeowners Association,
expressed the concerns of the Horatio Gardens residents.
In answer to a question from the Board, Mr. Freedman stated
for the record that they will be bound by the ordinance
regarding the landscaping of the property.
Discussion followed on the items brought up by Mr. Freedman
earlier in the meeting.
Mr. Walter Starck, 134 Lilac Lane, representing approximately
180 residents in the Northwood and Ridgewood subdivisions,
expressed the objections of these residents to the extension
of Armstrong Drive.
Mr. Larry Channess, a resident of the area, pointed out the
intention of the School Board to build a school at Armstrong
and Horatio Boulevard, thereby making it impractical to
extend Armstrong Drive.
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Lengthy discussion took place between residents and the Board
regarding the reasons that Armstrong Drive should be extended,
and methods which could be used to make it acceptable to both
the homeowners and the Village. Residents Gene Kapka, Julie
Kapka, Gary Novak, and Walter Starck participated in this
discussion.
Mr. Bill Davidson, representing Horatio Gardens homeowners,
pointed out the concerns of same:
. . .They would like a complete definition of hazardous material.
. . .They are comfortable with the fire access at Pauline.
. . .They would like to see some additional landscaping,
including trees.
President Pro Tem Marienthal stated that there is a recom-
mendation from the Plan Commission, and asked if the Board
wished to incorporate the recommendations made by the Plan
Commission on June 11 , 1980.
Mr. Freedman pointed out that, in discussing the limitations
of access on Armstrong Drive, it must be taken into account
that they must still have access for marketability to their
two corner lots.
Trustee Hartstein requested a polling regarding Armstrong
Drive subject to a physical restraint basically outlined
along the lines that Mr. Starck displayed and staff indi-
cated is feasible, in addition to the ordinance limitations
in terms of turning recommended by the Plan Commission
(specifics of which will be worked out between staff and the
developer's engineer, and informing Mr. Starck as a repre-
sentative of the homeowners) .
Mr. Ron Benach, President of Lexington Development, explained
the reasons that they must have access off of Armstrong Drive
to the two corner lots referred to previously.
Mr. Mayer Rosenberg, a resident of Armstrong Drive, stated
his objections to the extension of same.
The polling on the above question is as follows:
AYES: Stone, Hartstein, Kavitt, Gerschefske
NAYES: None
ABSENT: O'Reilly
ABSTAIN: President Pro Tem Marienthal
President Pro Tem Marienthal polled the Board regarding
whether or not the Industrial Drive connection to Pauline
should be designed for emergency vehicles only (i.e. police
and fire) :
AYES: Stone, Hartstein, Kavitt, Gerschefske
NAYES: None
ABSENT: O'Reilly
ABSTAIN: President Pro Tem Marienthal
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President Pro Tem Marienthal polled the Board regarding
whether or not there should be covenants written into the
final plan for any industrial use and/or hazardous chemicals
and/or anything deemed hazardous by the EPA, said covenants
being approved by the Village Attorney:
AYES: Stone, Hartstein, Kavitt, Gerschefske
NAYES: None
ABSENT: O'Reilly
ABSTAIN: President Pro Tem Marienthal
Regarding the question of variations, Mr. Raysa stated that
under Section 10, Variations and Exceptions, in the Buffalo
Grove Subdivision Regulations, the Plan Commission can
recommend to the Village Board a variation of the requirements
therein "when the subdivider can show that a provision of
these regulations, if strictly adhered to, would cause un-
necessary hardship, and when in the opinion of the Plan
Commission, because of topographical or other conditions
peculiar to the site, a departure may be made without de-
stroying the intent of such provisions".
President Pro Tem Marienthal polled the Board: "Yes" indi-
cates favor of placing the street lighting and sidewalks
along Pauline; "No" indicates opposition:
AYES: Stone, Gerschefske, President Pro Tem Marienthal
NAYES: Hartstein, Kavitt
ABSENT: O'Reilly
After discussion between the staff, the Board, and the
developer, President Pro Tem Marienthal polled the Board
regarding the variation of the ROW: "Yes" indicates
favor of allowing a variation of the ROW; "No" indicates
opposition:
AYES: Stone, Hartstein, Kavitt, Gerschefske
NAYES: None
ABSENT: O'Reilly
ABSTAIN: President Pro Tem Marienthal
Mr. Raysa stated that, regarding the 50' strip between
Lake-Cook and Buffalo Grove that is north of Lake-Cook and
lies in Wheeling, he would like to see any motion include a
solution to that 50' area prior to final platting.
Mr. Freedman stated that they would give the Village a covenant
that they will leave the parcel vacant and not develop it. Mr.
Boysen stated that he would be concerned if the Village of
Buffalo Grove did not have control over that piece of property.
Possible solutions to this problem were discussed.
Moved by Hartstein, seconded by Stone, to approve the pre-
liminary plan submitted relating to Buffalo Grove Industrial
Park subject to all items where informal pollings were taken
and are part of the record of tonight's meeting, and subject
to the recommendations of the Plan Commission, and subject to
the recommendations of the Village Engineer contained in the
memo dated July 3, 1980, in addition to which there be a
requirement of weather treating and setting in concrete the
6' fence along the residential boundary lines as recommended
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in Jim Truesdell's memo of June 6, 1980, and subject to a
resolution of the 50' strip between the development and
Lake-Cook Road satisfactory to the Village Attorney before
final plat approval. Uponroll call Trustees voted as
PP . ,
follows:
AYES: 4 - Stone, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - O'Reilly
ABSTAIN: 1 - President Pro Tem Marienthal
Motion declared carried.
In summation, the preliminary plat was approved subject to
the following conditions:
. . .That the approval is made pursuant to the Plan Commission
recommendation.
. . .That the intersection of Pauline and Industrial Drive
be designed as a fire lane access, with final design to
occur at final planning.
. . .That the intersection at Armstrong and Industrial Drive
be designed as a restricted turning access, with final
design to be worked out at the time of Phase I planning.
. . .That a restricted covenant on hazardous wastes and chemicals
be filed in conjunction with the final plat for the first
phase of development.
. . .That a variation in the right of way width to 60' be
provided with nessary snow easements to be located
adjacent to the right of way on private property.
. . .That sidewalks be installed pursuant to the Village
Engineer's recommendations.
. . .That the lot variations recommended by the Plan Commission
be approved.
. . .That the recommendations be made pursuant to the Village
Engineer's recommendation of July 3, 1980, and that the
perimeter fence be weather stained and placed in concrete.
. . .That the preliminary plan and preliminary Engineering plan
should be revised as requested by the Village Engineer to
reflect the approval of the Village Board.
. . .Staff will be working with Wheeling to remedy the contiguity
question of the right of way between Lake-Cook Road and
Industrial Drive.
President Pro Tem Marienthal declared a recess at 10:00 P.M.
The meeting reconvened in the Public Works Center at 10:25 P.X.
Mr. Hruby introduced Mr. Martin Bartling, Executive Vice NATIONAL HOMEBUILDERS
President of the Homebuilder's Association of Greater Chicago,ASSOCIATION PRESEN-
V and Mr. Richard Gauch, Director of Land Use and Development TATION ON INNOVATIVE.
for the National Homebuilder's Association in Washington, HOUSING
D.C.
A slide presentation was then made by Mr. Gauch, after which
there was discussion of same, and various types of housing,
between the Board, Mr. Gauch, and Mr. Bartling. They offered
any assistance they could give to the Village in future
presentations, and distributed a number of informational
books to the Board.
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President Pro Tem Marienthal thanked Mr. Bantling and Mr.
Gauch for their time and presentation.
Moved by Gerschefske, seconded by Stone, to adjourn the ADJOURNMENT
meeting. Upon voice vote, the motion was unanimously
declared carried. The meeting was adjourned at 11:10 P.M.
J M. Sirabian, Village Clerk
APPROVED BY ME THIS f°J,z71- DAY
OF , 1980
Village esident