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1980-07-21 - Village Board Regular Meeting - Minutes 5709 7/21/80 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JULY 21 , 1980 President Clayton called the meeting to order at 7:30 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, O 'Reilly, Hartstein, Kavitt, Gerschefske. Also present were William Balling, Village Manager; William Sommer, Assistant Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Frank Hruby, Director of Building and Zoning; Gregory Boysen, Director of Public Works; Richard Kuenkler, Village Engineer. Paul Kochendorfer, Village Treasurer, arrived at 8:50 P.M. Moved by O 'Reilly, seconded by Stone, to appoint Carol CLERK PRO TEM Hennenfent as Clerk Pro Tem in the absence of the Village Clerk. Upon voice vote, the motion passed unanimously. Moved by Hartstein, seconded by Kavitt , to approve the minutes APPROVAL OF of the July 7, 1980 Regular Meeting. Upon roll call , Trustees MINUTES voted as follows: AYES : 5 - Marienthal , Stone, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSTAIN: 1 - O 'Reilly Motion declared carried. Finance Director William Brimm read Warrant #432. Moved by WARRANT #432 Kavitt , seconded by O'Reilly, to approve Warrant #432 in the amount of $289, 148.46 authorizing payment of bills listed. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. President Clayton appointed Joan McCleary to the Board of Health BOARD OF HEALTH Health for a term to expire April 30, 1982. Moved by Marienthal, APPOINTMENT seconded by Kavitt, to concur with President Clayton 's appoint- ment. Upon voice vote, the motion was unanimously declared ` carried. President Clayton appointed Helen Smith to the Youth Commission YOUTH COMMISSION for a term to expire April 30, 1982. Moved by Kavitt, seconded APPOINTMENT by O 'Reilly, to concur with President Clayton 's appointment. Upon voice vote, the motion was unanimously declared carried. President Clayton stated that she has received a letter from DMAP MEETING Mayor Ryan of Arlington Heights inviting the Board to attend a meeting to discuss DMAP 's future direction to be held on Tuesday, July 22, 1980, 8:00 P.M. at the Arlington Heights Village Hall . President Clayton encouraged as many Trustees as possible to attend this meeting and to advise her if they planned on attending. i 1 5710 7/21/80 President Clayton read a Certificate of Appreciation to be pre- CERTIFICATESOF sented to Sharon Brown which expressed appreciation for her APPRECIATION services as a Youth Commission member. President Clayton also presented Certificates of Appreciation to the following members of the Complete Count Committee thanking them for their time and effort spent on this Committee: Shirley Sullivan , Ruth Silverman, Mark Stuart and Rabbi Floyd Herman. Jan Sirabian, Village Clerk, served as Chairman of this Committee. Trustee Gerschefske briefly brought the Board up-to-date on the BUFFALO GROVE plans for Buffalo Grove Days and stated he felt with the partic- DAYS ipation of all the organizations and individuals involved, Buffalo Grove Days would be a very successful celebration. John Panella, co-chairman of Buffalo Grove Days Committee, was also present and stated there will be a Buffalo Grove Days meeting on July 30, 1980 of all participants at 8:00 P.M. at the Village Hall to finalize plans; that tickets for the dinner dance are available at Village Hall and also that he will make arrangements to have tickets available for sale for the pancake breakfast at the Village Hall . Mr. Panella also requested permission to use the reservoir tank at Lake-Cook Road and Raupp Boulevard to place an advertising sign to promote Buffalo Grove Days . There were no objections by the Board, but staff was requested to look into the various aspects so that it is done in a profession manner. President Clayton stated that if granting per- mission for this sign needs formal Board action, that it be placed on a future agenda. Mr. Balling stated that the Village planners have been working with VILLAGE MANAGER NIPC for the past several weeks on the revised population forecast REPORT (NIPC) for the Village of Buffalo Grove and reported that we are within 4% of our year 2000 estimate with our estimate conforming to NIPC. It is not felt necessary to testify and appeal at the hearing in Park Ridge this Wednesday, but are raising question with the 4% number. There is general agreement on the growth pattern for Buffalo Grove accepted by the NIPC population forecast, therefore, he feels comfortable with that. Mr. Balling further stated that Jim Truesdell also went over the concept with NIPC and with Lake County and that there is agreement in the population forecast, some disagreement on the land use distribution of the propulation, but agreement on the number for the year 2000. 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 #80-36, RESOLUTION #80-36 a resolution endorsing the amended application to withdraw Lake LAKE MICHIGAN Michigan water. A minor modification in our lake water application (Water Alloca- will permit our water demand projections to precisely match our tion) most up-to-date land use and population projection. This amend- ment does not have a substantive effect on our application. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. 5711 7/21/80 Moved by Marienthal , seconded by Stone, to approve execution TEMPORARY of the temporary construction easements needed for Raupp CONSTRUCTION Boulevard reconstruction. The reconstruction of Raupp EASEMENTS/ Boulevard as programmed in our FY 80-81 budget requires RAUPP BLVD. construction easements. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. Moved by Marienthal , seconded by Stone, to award the bid for AWARD BID the FY 80-81 Village Hall parking lot repaving to the low VILLAGE HALL qualified bidder, Johnson Paving of Arlington Heights, Illinois PARKING LOT in the amount of $41 ,717.25. The rebidding of this program REPAVING was opened on July 18, 1980 and the low qualified bidder will be recommended. Upon roll call , Trustees voted as follows : AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. Moved by Marienthal , seconded by Stone, to accept the SCHWABEN CENTER Appearance Commission recommendation to approve the proposed (Architectural architectural features of the Schwaben Center new building, features/new Upon roll call , Trustees voted as follows: building) AYES: 6 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. President Clayton proclaimed Sunday, August 3, 1980 as Health PROCLAMATION Day in Buffalo Grove. HEALTH DAY Moved by Hartstein, seconded by Kavitt, to adopt Resolution RESOLUTION #80-37 #80-37, a resolution supporting improved transportation (Transportation services for the elderly and handicapped. Upon roll call for elderly & Trustees voted as follows: handicapped) AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. Moved by Hartstein , seconded by Kavitt , to adopt Resolution #80-38 RESOLUTION #80-38 a resolution supporting tax incentives for mass trans- (Tax incentives portation. Upon discussion , Trustee Hartstein amended his for mass trans- motion, _.._ motion, seconded by Kavitt, to delete Section 2 from Resolution portation) #80-38. Upon roll call Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None Motion declared carried. 5712 7/21/80 Trustee Marienthal made reference to the July 18, 1980 memo TRAFFIC FLOW from Richard Kuenkler, Village Engineer, complimenting him on & -INTERSECTION a study well done and opened the subject up for discussion by DESIGN FOR the Board. Topics discussed were: traffic using Crofton Lane FOR 'WIEDNER/ as a short cut through Mill Creek subdivision to get to CROFT-ON/IL. 68 Arlignton Heights Road; reduction of speed limit from 30 to 25 m. p.h. in the Mill Creek area possibly as a pilot program; reduction of speed throughout the Village to 25 m. p.h. ; concerns of traffic satety and speed throughout the Village; an indepth study by staff area wide regarding speed; prohibition of through traffic across Dundee Road at the proposed Weidner/Crofton Lane intersection; speed study with the Mill Creek Subdivision. Frank Alexander, 1084 Crofton Lane, a Mill Creek resident, was present and expressed the concerns of the Mill Creek residents; i .e. traffic impact the Happ Farm will have, restriction of traffic coming from Weidner into Crofton Lane such as signs stating not a through path or residential community, and reduction of the speed limit for safety reasons for the residents. Arlene Strauss, 638 Sycamore, a resident of the White Pine area stated that she was in favor of having Weidner Road open to Route 68 even though she now lives on a deadend street because having a way out of this area compensates for having the additional traffic. Moved by Marienthal , seconded by O 'Reilly, to approve the recommendations in the staff memo of July 18, 1980 from Richard Kuenkler, Village Engineer. The recommendation was to not restrict through movements at the subject intersections where there is little or no demand. Upon roll call , Trustees voted as follows: AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES : 0 - None Motion declared carried. President Clayton stated that Trustee Kavitt 's recommendation of the reduction of the speed limit to 25 m.p.h. will be deferred until the speed study that staff is working on at the present time is available. President Clayton stated that based on the memo from Frank POPPIN 'FRESH Hruby, Director of Building and Zoning, dated June 25, 1980, PIES (Pylon reference the Poppin ' Fresh pylon sign, it appears that this Sign) matter will have to be referred to the ZBA for a variation on our sign code and that information from the ZBA is needed before any action taken. Discussion followed with Mr. Gordon, representing Poppin ' Fresh Pies , stating that they would be willing to have a contingency in the variation based on an increase in sales within reason. Trustee Stone recommended the monitoring of sales for a one year period, and if there is not a 10% increase in sales within that time period, then have the sign removed. Mr. Gordon and the Board were agreeable to this . 5713 7/21/80 In response to a question from the Board, Mr. Raysa stated the proper authority to grant the variation is the ZBA, not the Board. Moved by Stone, seconded by Kavitt, to refer this variation to the ZBA with the comments as outlined by Trustee Hartstein which were that the ZBA in their deliberations as to the need for variance consider the possibility of allowing Poppin ' Fresh Pies to have the sign for a trial period in which to substantiate the true economic benefit of the sign (1 year - 100) . Upon roll call , �•/ Trustees voted as follows : AYES: 5 - Stone, O' Reilly, Hartstein, Kavitt, Gerschefske NAYES : 1 - Marienthal Motion declared carried. Jerry DeGrazia, representing Anden Corporation, presented their ANDEN proposal to the Board which is to obtain permission to build (Single ten ranch style homes in the Northwood Subdivision; to build family a house that is cited to the market today, but in accordance detached with the agreement they have with the Village in terms of ranch zoning, subdivision codes, the PUD agreement and R-5 zoning Model) of the district. He stated ten foundations are in place that are possible for the ranch style home, six are intended to be 3-bedroom, four are intended to be 2-bedroom; the selling price to be $75,000 for the 2-bedroom model and $79,000 for the 3-bedroom model ; that the average sale price for the homes already built in the area to date have averaged in the area of $91 ,000, but the sale price now is higher because of inflation; that materials to be used will be the same as ones already incorporated in the area; that no two houses will be identically the same. He feels they have met the codes of the Village. Mr. DeGrazia further stated that one ranch style model has been constructed on Lot 105 at their own risk. Numerous residents of the area were present and expressed their opposition to the proposal . Robert Berger, 109 Buckthorn, acting as spokesman, presented a petition to the Board signed by 32 of the 65 residents in opposition to the proposal . Mr. Berger expressed the following concerns of the homeowners : this model home is not spread uniformly throughout the development; a possible violation of the monotony code; size of the proposed home; their homes were purchased with the understanding that the development would be 3 and 4 bedroom 2-story homes ; there would be a negative impact on the development aesthetics; resale values in this area would be lowered; and that a develop- ment should not be changed in mid-stream. He further stated that the Appearance Commission has recommended against it and to overrule would take away the effect and force of the Commission and that the people most effected have expressed a desire against the construction of this 1 -story house; he asked that the Village Board affirm the Commission 's decision. Lengthy discussion followed with the following points discussed: elevations, monotony code, aesthetics compared with the subdivision as a whole, materials to be used, requirements of R-5 zoning, square footage of living space, the model homes, the possibility of the ranch style being no closer together than two houses in 5714 7/21/80 between. Mr. Hruby and Mr. Raysa both stated that the 1100 square foot 2-bedroom model (which does not include garage space) meets the Village's zoning requirements for this zoning district. Mr. Don Hardt and Mike Holland, members of the Appearance Commission were present. When this matter was before the Appearance Commission it was defeated by a 3-3 tie at which time Anden Corporation was advised of their right to appeal to the Board and the homeowners were advised of their rights . Negative feelings of the Appearance Commission was mainly on the density of the location of the ranch homes . Moved by Stone, seconded by O' Reilly, to allow Anden Corporation to develop their single family detached ranch model . Discussion continued reference having only two distinct models and allowing only on the condition that there be two homes in between any such model . Trustee Stone amended his motion to read that Anden be allowed to build this model with the condition that there has to be at least two homes in between this type of model . Trustee O 'Reilly declined to amend her second of the original motion. In response to a question from the Board, Mr. DeGrazia stated they would be willing to close down one existing model . Mr. Mikes, attorney for Anden, stated that his client is asking that the Village apply this monotony code in the same way that it is applied to any other developer in the area and are asking for application of the ordinance as it exists today. In response to a question from Mr. Berger, Mr. Raysa stated that the Appearance Commission acts as a recommending body to the Board and that final approval is up to the Board. Trustee Stone withdrew his amendment. Trustee Stone then amended his original motion to read to allow the single story homes and to recognize both of the elevations based on the two different foundations. Seconded by O'Reilly. Upon roll call , Trustees voted as follows: AYES : 3 - Stone, O' Reilly, Gerschefske NAPES: 4 - Marienthal , Hartstein , Kavitt, President Clayton Motion declared defeated. President Clayton stated she voted "nave" only because she would like to see another motion that would be based on the one made at the Appearance Commission meeting that would permit, but with certain restrictions . I ;I, V I I I II II 1 I I I I III 5715 7/21/80 Moved by Stone, seconded by O 'Reilly, to accept the 6th model as presented by the Anden Corporation with these stipulations: a) three elevations based on foundations #101 and #601 , and either the A elevation roof line or the D roof line be used for consideration in complying with the monotony code; b) materials previously submitted for the existing five models and approved by the Appearance Commission must be used by the builder; c) the landscaping, if any appear on corner lots , shall be as approved previously. Further discussion ensued with Trustee Hartstein stating he felt that the stipulations were not strict enough in terms of the monotony code and Trustee Kavitt stating he preferred to see the two lot in between minimum. Trustee Marienthal requested Trustee Stone to amend his motion to also state that one of the present models no longer be used or sold. Trustee Stone declined to amend his motion. Upon roll call , Trustees voted as follows : AYES: 4 - Stone, O' Reilly, Gerschefske, President Clayton NAYES: 3 - Marienthal , Hartstein, Kavitt Motion declared carried. Moved by Gerschefske, seconded by Marienthal , to waive the REQUEST FOR fees , as has been done in the past for other school districts , FEE VARIATION for water service connection, water system improvements and SCHOOL 'DIST. 102 sewer tap-on fees for the Village. Upon roll call , Trustees voted as follows: AYES : 6 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAPES: 0 - None Motion declared carried. Moved by O 'Reilly, seconded by Kavitt, to adjourn to workshop. ADJOURNMENT Upon voice vote, the motion passed unanimously. Time: 9 :55 P.M. a/2/01—g .? Carol M. Hennenfent, Clerk Pr Tem APPROVED BY ME THIS 1J' DAY O% dent' , 1980.