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1980-10-20 - Village Board Regular Meeting - Minutes 5746 10/20/80 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, OCTOBER 20, 1980 President Clayton called the meeting to order at 8:05 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 , Hartstein , Kavitt, Gerschefske. Trustees Stone and O'Reilly were absent. Also present were William Balling, Village Manager; William Sommer, Assistant Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Gregory Boysen, Director of Public Works; Richard Kuenkler, Village Engineer; James Truesdell , Staff Planner. Moved by Marienthal , seconded by Kavitt, to approve the APPROVAL OF minutes of the October 6, 1980 Regular Meeting. Upon roll MINUTES call , Trustees voted as follows: , AYES: 4 - Marienthal , Hartstein, Kavitt, President Clayton NAYES : 0 - None ABSENT: 2 - Stone, O'Reilly ABSTAIN: 1 - Gerschefske Motion declared carried. Mr. Brimm read Warrant #438. Moved by Hartstein, seconded WARRANT #438 by Kavitt, to approve Warrant #438 in the amount of $597,525. 14 authorizing payment of bills listed. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES : 0 - None ABSENT: 2 - Stone, O' Reilly Motion declared carried. President Clayton recognized Mrs . Swartz, Den Leader, and CUB SCOUTS Den #7, Pack #79 of Willow Grove School who were present for the meeting. President Clayton stated that staff has been working on a ADVISORY review of the Personnel Manual . She then created an Advisory COMMITTEE Committee and appointed Trustee Stone to serve with her on (Personnel this committee. Moved by Hartstein, seconded by Kavitt, to Manual ) concur with the President's appointments. Upon voice vote, the motion passed unanimously. �•/ Mr. Balling presented a status report on the Lake County LAKE COUNTY proposed 20% increase in sanitary treatment charge. Staff INCREASE IN has reviewed supplemental financial information provided by SANITARY the Department of Public Works on their operational and TREATMENT FEES maintenance costs for the southeast system. The County does not make an effort to segregate the revenue streams on a plant basis of sewer fees generated to support treat- ment plants ; it is a 12 plant system. He feels that the operation and maintenance costs do reflect the actual costs �y#v 1 5747 10/20/80 incurred at the southeast plant; however, major expenditures are treated by the County as a county system line basis . No attempt was made to directly relate any of those latter costs to a specific plant. The audited reports of the county utility will be reviewed. A final report will be made to the Board at the November 3rd Board meeting and he anticipates that at that time ordinances would have to be entertained for adjustments to our local ordinances l to accommodate the increased fee. �•/ In response to a question from President Clayton, Mr. Balling stated that all municipalities that are feeding into the southeast plant are incurring a 20% across the board rate increase, but the Village 's amount will be different because in addition to buying treatment costs Buffalo Grove buys sewer transmission costs. President Clayton asked if there were any questions from QUESTIONS FROM the audience. There were none. THE AUDIENCE President Clayton explained the Consent Agenda, and stated CONSENT AGENDA 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 Gerschefske, seconded by Kavitt, to pass Resolution RESOLUTION #80- No. 80-43, a resolution approving a letter of agreement 43, WELL #7 modifying the Well #7 Engineering Services Agreement dated ENGINEERING April 7, 1980. The Department of Public Works recommends SERVICES AGREE- a modification in the method of Engineering Fee computation MENT MODIFICATION ' to a "cost plus/fixed fee with an up set limit" to be more advantageous to the Village. This modification requires a change in the Engineering Services Agreement. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES : 0 - None ABSENT: 2 - Stone, O'Reilly Motion declared carried. Moved by Gerschefske, seconded by Kavitt, to pass Resolution RESOLUTION #80- No. 80-44, a resolution establishing Cable TV franchising 44, CABLE TV policy in Buffalo Grove. The CATV Blue Ribbon Committee FRANCHISING recommends that the NWMC be officially notified that the POLICY Village of Buffalo Grove desires a sub-regional or regional approach to CATV implementation. Upon roll call , Trustees L./ voted as follows: AYES : 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 2 - Stone, O'Reilly Motion declared carried. e4-11.11/ 5748 10/20/80 Moved by Gerschefske, seconded by Kavitt, to pass Resolution RESOLUTION #80- No. 80-45, a resolution amending service contract between 45, (Buffalo the Village of Buffalo Grove and Buffalo Grove Disposal Company. Grove Disposal On October 6, 1980 the Village Board reviewed a request from Co. Rate Buffalo Grove Disposal for a rate increase of 77 /month and Increase) approved a 62dmonth increase. To accomplish this rate the Board will waive its monthly fee for billing services to the disposal company. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 2 - Stone, O' Reilly Motion declared carried. Moved by Gerschefske, seconded by Kavitt, to pass Ordinance ORDINANCE #80- No. 80-42, an Ordinance establishing the Fireman's Pension 42, FIREMAN' S Fund of the Village of Buffalo Grove. Mr. Raysa recommends PENSION PROGRAM that the cite for the Fireman' s Pension Program be changed from 2.52 to 2.51 of the Buffalo Grove Municipal Code. This ordinance provides for that code amendment. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 2 - Stone, O' Reilly Motion declared carried. President Clayton noted that former Trustee Mendenhall , who was responsible for our having a consent agenda saving many hours, was in the audience. Mr. Balling stated that before the Board is consideration GROVE TERRACE of a final plat of subdivision for the Grove Terrace CONDOMINIUMS Condominiums , also known as the Arlington Country Club FINAL PLAT OF Condominiums; approximately a 5.5 acre piece of land located SUBDIVISION on Dundee Road just east of Buffalo Grove Road. This parcel does carry a Plan Commission recommendation dated January 30, 1980, which is an affirmative recommendation subject to the satisfaction of engineering requirements in the Village. The owner to date has not satisfied the identified requirements for plat approval and, in an October 15, 1980 communication distributed to the Board, the Village Engineer recommends disapproval of the final plat of subdivision for Grove Terrace Condominiums based on non-compliance. Mr. Kuenkler stated that there are five items that have not been resolved; the execution of the Subdivision Improvement Agreement, provision of a subdivision bond, elements related to street lighting, elements related to water mains, and payments of the required Village fees . Mr. Robert Marks , attorney representing Bernard Katz and Company who have acquired the property, Mr. Gerald Tenner of Mr. Marks office, and Mr. Jerry Weiss of the developing company were present along with their engineers. Mr. Marks stated that they have met with the Village Manager and with staff and have been unable to reach agreement. He then reviewed the past record of the property in question and also 5749 10/20/80 discussed the sewer lines on Dundee, tap on fees, school and park donations involved, preliminary engineering plans , lighting along Dundee Road, appearance before the Plan Commission reference the plat of subdivision which was approved by this Commission, the Subdivision Improvement Agreement, and bond involved. He felt the final plat should be approved for two reasons: 1) it is a matter of economic hardship, and 2) what is being required is contrary to the law. He then presented the following proposals as alternatives �•J to what has been requested by the Village: 1 ) They agree to put in money to expand the Dundee lines to 10 and 12 inches as the Village has required provided they are asked to pay no more than their proportionate share of the costs equal to the benefits they will receive. 2) The offered to put in a wet pond on their property sufficient so that if they use our existing lines for domestic water their pond would enable them to furnish 3,250 gallons per minute for fire fighting purposes so that they can do with their own system at a cost of approximately $50,000. 3) They offered to put in instead of a wet pond a swimming pool and then connect their line by an easement from the golf course across the golf course to tie in to the connection behind the commercial property to the west at a cost of approximately $30,000 for the line and $55,000 for the pool . 4) Eliminate the wet pond, eliminate the swimming pool and to have a line running across the golf course tieing into the facilities in back of the commercial property to the west at a cost of approximately $30,000. This proposal they prefer because it would allow them to get domestic water from the Village and yet allow them to get maximum capacity of 2,000 gallons per minute for fire fighting purposes . 5) Instead of them doing anything that they connect into the existing lines which will give them the same quantity of flow as Cambridge now gets and offered to the Village to put into a reserve the amount that it would cost them to tie into the line anywhere from 30-40-45 thousand dollars which the Village would keep on hand until a decision is made whether or not the Village is going to increase the �./ Dundee lines depending upon where the new source of water is coming from. Mr. Marks further stated that neither our ordinances nor the law permits the Village to decline to approve their plat of sub- division and requested that the Board approve their plat of subdivision subject to their executing these final documents under whichever of the alternatives the Village approves. 5750 10/20/80 Trustee Hartstein stated that he believes that Mr. Marks has raised some points which require further study and evaluation on the part of the Board and is reluctant to move forward in approval or denial at this stage until the Board has properly evaluated these various suggestions that have been made in order to give them due and proper con- sideration. Therefore, based upon the points raised Trustee Hartstein moved, seconded by Kavitt, that the consideration of the plat of subdivision be tabled until the Board has further input from staff and from the Village Attorney regarding the points that have been raised. Upon voice vote, the motion passed unanimously. Jim Truesdell , staff planner, reviewed for the Board the LAKE COUNTY two alternative plans presented by the Lake County Depart- COMPREHENSIVE ment of Planning, Zoning, and Environmental Quality stating PLAN FOR that one is primarily an estate rural alternative and the VERNON TOWNSHIP other is primarily a suburban urban type alternative; that the County's Alternative II did meet the goals established at this point in time by the Village of Buffalo Grove but did not necessarily meet the goals which have been articu- lated by the Villages of Mettowa, Lincolnshire, Riverwoods and Long Grove; Alternative I met their needs and desires but not necessarily Buffalo Grove's. Staff has prepared an Alternative III which is basically a combination of Alternatives I and II . The Plan Commission recommends to the Board that the Village recommend to the County that they evaluate, in the same fashion they evaluated Alternatives I and II , Alternative III and report back to the Village with their findings. The Plan Commission also kept in mind that this would not be the Village's final word on the plan; that the Village of Buffalo Grove would still be able to have further input as the plan goes to public hearing and as it is evaluated in the future; they also discussed the Citrust/Hilltown area and did feel they still wanted to maintain that area as part of the Village's comprehensive planning area. In response to a question from Mr. Balling, Mr. Truesdell stated that in his opinion this is a workable plan and is consistent with township growth trends and development. In response to a further question from Mr. Balling reference whether or not this land use pattern would compliment the approved Year 2000 population forecast for Vernon Township by the Northeastern Illinois Planning Commission, Mr. Truesdell said this would have to be evaluated further. Mr. Balling stated that the Board has adopted those numbers from NIPC for the Year 2000. Trustee Hartstein stated that a lot of good thought process went into this alternative on the part of staff in trying to take into consideration some of the concerns of our neighboring communities, in trying to put together a plan which would be compatible with them and in trying to meet the needs of everyone d- dv 5751 10/20/80 in the township. Unfortunately, as has been noticed via the news media, there have been statements etc. made by members of the planning department in Lake County that unless Buffalo Grove plays the game the way they want it played, in other words work through VAGA, that a deaf ear is going to fall on Buffalo Grove. He feels that this is an unfortunate posture for the County to take and feels that it ignores the basic premise that all who joined VAGA had which is an opportunity and a forum for interchange of ideas, etc. to improve communication between the communities in Vernon Township and that the initial understanding was never that it would be a planning arm of the Lake County Planning Department or would be a preliminary screening device for reviewing any ideas that either Buffalo Grove or any of the communities in Vernon Township might wish to foist upon the planning department at the County level . In spite of the comments that have been made and have been articulated in the press, he hopes very strongly that the planning depart- ment and the people at the County level that deal with this planning process will not only not have this fall on deaf ears, but will look at it and scrutinize it very closely so that everyone can benefit from it. He further encouraged any of the other communities in the township that have other ideas or other ways to submit their ideas as well ; dialog should not be cut off at any time; and that he is strongly in favor of submission of this alternative as something that is viable and should be looked at by the County. Moved by Hartstein, seconded by Kavitt, that this Alternative III be submitted for review for the County's comprehensive plan strongly urging that this plan be considered along with the other alternatives as an appropriate plan for Vernon Township. Trustee Marienthal stated that he shares many of Trustee Hartstein 's feelings; that he always felt he was in favor of joining VAGA but never thought we would give up our rights as a Village to opinionate, either pro or con on a subject, just because we are a member of an organization. Mr. Balling stated that VAGA has had some difficulty in under- standing the planning motives of Buffalo Grove and he has therefore summarized the Village's planning posture for the township by seven principal assumptions for endorsing this plan which are listed in his letter of October 20, 1980 to Mr. Lane Kendig, Director, Lake County Department of Planning, `./ Zoning and Environmental Quality. This letter is on file in the Clerk's office. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 2 - Stone, O'Reilly Motion declared carried. 5752 10/20/80 Trustee Kavitt stated we do have the recommendations BILLICK ACRES from the Plan Commission and also have the staff (Lincolnshire) recommendations reference Billick Acres (which are on file in the Clerk's Office) . Moved by Kavitt, seconded by Marienthal , that the Board incorporate and approve the recommendations of the Plan Commission dated October 15, 1980, and also incorporate the staff recommendations dated October 16, 1980, and that these be submitted to the Village of Lincolnshire expressing \./ our concern regarding their proposed annexation. Upon roll call , Trustees voted as follows: AYES: 4 - Marienthal , Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 2 - Stone, O' Reilly Motion declared carried. President Clayton declared a recess at 9:05 P.M. The RECESS meeting resumed at 9:20 P.M. Jerry Estes , representing Ted Henderson owner, reviewed HENDERSON the concept plan of the 6 3/4 acre parcel located on the PROPERTY east side of Route 83 north of Lake-Cook Road and west (SE Corner of Steeple View, stating that they have attempted to Rt. 83 and Lake- develop a master plan for a planned convenience center Cook Road) area associated with the Town Center, considering the Town Center as something more than a convenience center. Mr. Estes further reviewed the coordination of service drives , servicing facilities , utilities, customer access, frontage access, driveway access onto the major highways, pedestrian system and coordination of the trail system. The whole total of the area is approximately 20 acres with five ownership parcels of land of which the majority are currently zoned business in the County or in Buffalo Grove. The first stage, which is Mr. Henderson's property, (they have no control over the adjoining properties) is basically a major food and drug store with same satellite smaller stores. The master circulation and access plan for the area allows each individual property to develop but yet be consistent with the concept of the whole area by limiting access, providing cross service connections, providing frontage access movements to keep driveway cuts minimized on the peripheral roads and tieing in the internal system with the original planned access routes to the Town Center. He feels there is a sound basis for considering this as a convenient shopping area; that this plan is consistent �./ with the planning of the Town Center area and the area adjacent to the Town Center; and that in terms of economics and market both sites would be feasible. Mr. James Devine, Arthur Rubloff & Co. , stated that he has been approached by a food and drug company that wants to be in this particular area in a plan that is consistent with existing zoning; that they have met with staff; that they have reviewed the Town Center zoning parameters and zoning parameters that exist on the east side of the street and have come to the conclusion that this was a good viable 5753 10/20/80 corner for this type of development. He felt there was somewhat of a resistance to a straight out and out strip center with a line of stores so they defined a concept , which has been done a number of times before, of an L-type center with service in the rear of major stores, an access drive, 50,000 square feet for a food/drug unit; roughly 26,000 square feet of specialty shops, and a 2,000 square foot speciality building. He stated the motif is to be very similar to the Ambulatory Care Center across Lake-Cook Road, the same modern motif and same masonry, with controlled signage and an overhang which would be a covered walkway; they feel they have both the property consolidation, the tenant support, and the financial support to get the project underway and would like to get conceptual approval for a spring construction start. Four of these acres are already zoned commercial in Buffalo Grove with approximately 2.75 acres presently in the County which would have to formally be brought in and rezoned consistent with the plan, if approved. The original PUD was approved for convenience commercial with a funeral parlor. Trustee Marienthal stated that there were specific items for uses that were tied into that original PUD, there was a series of shops that were approved for that use as a PUD or commercial center and that there were numerous uses that were not included. Mr. Henderson stated that it was necessary to go to a PUD at that time and they had to come up with specific uses and at one point did have the funeral parlor. At the time that PUD was approved he specifically requested that flexibility would be given to him for any down the line application. Trustee Gerschefske made the following statement before TOWN CENTER discussion began on the Town Center land use parcel : "f just wanted to remind the public that this piece of property here under this plat of survey under the Town Center was entirely part of my grandfather's farm and my parents own and live on a piece of that old farm which is part of this development. I would just like to make it stated in the record that my parents do own a piece of property in the Town Center, that they live on and have a business on, and that any of the opinions that I would have in the development of this Town Center would be in the best interests of the Village of Buffalo Grove. I also have talked with the Village �../ Attorney about this and he said that, in his opinion , I can participate in the discussion tonight. I think we should proceed with that now." Michael Gitlitz, attorney and co-developer of the proposed development , stated that for the record he would like to add that they do not have an agreement with Trustee Gerschefske's parents yet. 5754 10/20/80 Michael Gitlitz further stated that for the Board's information that the architect firm is Architectonics represented by Jim Winstead and that the development team itself is Ken Tucker and Associates. Mr. Gitlitz feels that the plan for the retail portion of the Town Center is novel and different from any plan you will see for a center of approximately 125,000 square feet. He further stated that they have prepared two plans, one plan shows only the proposed retail and the seconded one shows the integration �./ of the retail with the existing structures on Buffalo Grove Road as well as a proposal for how the balance of the commercial./office retail could be done; that they have talked to Frank Callaghan, owner of 10 acres to the north of this property, and he has indicated his general willingness to go along with this type of plan; that they have signed contracts for all of the property with the exception of the Gerschefske property; that the two houses near the entrance proposed on Route 83 they want to preserve for some kind of retail , antique shop, restaurant, etc. Jim Winstead then reviewed the concept of the commercial retail portion of the development, which is along Lake- Cook Road, Route 83 and Buffalo Grove of approximately 15 acres, stating that the main anchor would be a food/drug operation with smaller shops around the perimeter; that proposed is two access routes on Buffalo Grove Road and two on Route 83 with an exit only onto Lake-Cook Road; service will be behind all the shops with parking east and west to give the shopper convenient walking to the shops and parking for the food store anchor in the opposite direction. The second plan indicates how the entire development could happen with the walkway connections tied together and the Village Green centrally located. Mr. Gitlitz stated that a preliminary traffic study has been made by Jerry Lindgren of Barton-Aschman Associates, Inc. ; that they reviewed the site plan and felt that this is a good circulation plan for the entire area with the right turns and controlled access; that they proposed a right turn only at the exit on Lake-Cook Road and no left turns out of other accesses. Mr. Winstead stated that they would like to see this become a "main street type" center with no shops looking alike, having individual stores and individual buildings to create an opportunity to have different facades, looks, materials, signs and shops; using control but with a variety of signs with the possibility of overhead lighting and street lights going around the parking lot and porches with covered walkways . Mr. Gitlitz stated that they visualize this center as being a center catering more to the speciality stores; antique, jewelry, bath shops, etc. as opposed to the so-called service industries. He stated the BDDC expressed a desire to see more open vista coming out of the Village Green so they propose moving one of the buildings to within 5 feet of the rear lot line and moving the food store over closer to Route 83 which would require a variation in zoning. I I 5755 10/20/80 Trustee Hartstein stated the concept for the Town Center has been before the Board for a number of years and the time to move on this type of project is now; that he does have some reservations about the actual theme of the center and does have some concerns about the number of curb cuts. He encouraged the Board to back up this proposal and allow the developer to move forward with the Town Center as proposed. Carl Genrich, Chairman of the BDDC, stated he does not have a vote on the proposal but has polled the commission and, in general , they support this concept; that there is merit to this plan; likes the theme and the use of the current homes to the plan; likes the location of where the Village Green is, not surrounded by roads which makes it easily accessible by bike and walking; and that the timing is good and we should proceed at this time. Trustee Marienthal stated he is pleased to see that the existing structures are for the most part going to be tried to be saved and utilized as with these structures lies quite a bit of the Village' s history; feels a lot can be done with regards to berming and signage as he does not want to see a row of neon signs; thinks the parking lot can be hidden for the most part; and is in favor of this particular area getting off the ground. Mr. Balling reviewed the staff memo of October 16, 1980 (on file in the Clerk's office) and stated the Village is fortunate to have two excellent proposals before it; that staff analysis focused on the negative aspects of the developments with the final analysis on the two sites being that the Henderson site (the east site) has fewer negatives. Howard Mendenhall , member of the BDDC, stated he feels the market should be allowed to determine if both are developed and sees no reason why both should not be allowed to be developed. He feels the commercial should be concentrated around intersections such as Dundee Road has been developed and recommends the same thing here. Pat Shields , Chairman of the Plan Commission, stated he feels the same way as Mr. Mendenhall that both projects should be considered simultaneously. Moved by Hartstein, seconded by Marienthal , that the Ken Tucker and Associates plan for the Town Center be referred for review by the BDDC in accordance with all requirements of the B-5 Ordinance. Upon voice vote, the motion passed unanimously. 5756 10/20/80 Moved by Hartstein, seconded by Marienthal , that the HENDERSON SITE consideration of the Henderson site be deferred, that no action be taken at this time on that proposal . Upon voice vote, the motion passed unanimously. Jim Truesdell stated that B-1 is the current zoning on the commercial parcel with approved uses restricted to a funeral home, financial institution, restaurant and retail office use with any change in use only to be allowed upon the affirmative vote of 2/3 of the corporate authorities. President Clayton then took a polling of the Board on the type of development they would like to see on the Henderson property which was as follows: . . .Trustee Marienthal - other than the funeral home is open to any other use other than a food store; commercial is fine there but if any changes in use then must appear before the Board . . .Kavitt - no objection to commercial ; does not think it is proper location for a food store. . . .Gerschefske - wishes to avoid strip type corridor down Route 83 of commercial ; would prefer residential . . . .Hartstein - no problem with commercial which did not include a food store; reasonable mix of commercial and residential . Mr. Henderson stated that he felt timing was critical and requested the Board to consider the possibility of allowing both developments to proceed. The Board declined to do so at this time. Moved by Hartstein, seconded by Marienthal , to adjourn to ADJOURNEMNT executive session to discuss personnel and litigation. Upon voice vote, the motion passed unanimously. Time: 10:45 P.M. gVaLe-, 72 4/2 - Carol M. Hennenfent, Deputy illage Clerk APPROVED BY ME THIS 51,V DAY 0 F'' A,Ae-yi ,c,[/i) , 1980. 1:?)(1:::110, 61/4"e Village President