1979-06-18 - Village Board Regular Meeting - Minutes 5453
6/18/79
MINUTES OF THE REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JUNE 18, 1979
CALL TO ORDER President Clayton called the meeting to order at 7:35 P.M.
Those present stood and pledged allegiance to the Flag.
ROLL CALL Roll call indicated the following present: President Clayton,
Trustees Marienthal , O' Reilly, Hartstein, Kavitt, Gerschefske.
Trustee Stone was absent.
Alsopresent were William Sommer, Assistant Village Manager;
9 9
William Raysa, Village Attorney; William Brimm, Finance Director; Gregory
Boysen, Village Engineer; Richard Kuenkler, Civil Engineer.
APPROVAL OF Moved by Marienthal , seconded by Gerschefske to approve the
MINUTES minutes of the Regular Meeting of the Board of Trustees of
June 4, 1979, subject to corrections. Corrections are as
follows:
Page 5451 : First Paragraph - The following phrase should be
added at the end of the first sentence: "only if a mansard
sign is used and if Prudential agrees."
Page 5451 : First Paragraph - The following phrase should
be added at the end of the paragraph: "but would need to
submit a revised plan to the Building Department."
Page 5445: Last Paragraph - The name of the homeowner should
be: "Mr. Oren Brand".
Page 5448: The following paragraph should be added at the
bottom of the page: "Mr. Raysa called to the Village Board's
attention that there might be problems in the future in regards
to unbuilt portions of the site. The original site plan calls
for a building that currently could not be erected on the
premises. In response, Mr. Capitel said that compliance
will be had with the existing plan."
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O' Reilly, Hartstein, Kavitt, Gerschefske
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
WARRANT #405 Moved by O' Reilly, seconded by Hartstein to approve Warrant
#405 in the amount of $169,816. 35 authorizing payment of
bills listed. Questions by the Trustees were clarified by
the staff, and upon roll call , Trustees voted as follows :
AYES : 5 - Marienthal , O 'Reilly, Hartstein, Kavitt , Gerschefske
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
1
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6/18/79
CERTIFICATE OF President Clayton read a Certificate of Commendation to
COMMENDATION Officer Ed Wagner. President Clayton thanked Officer
Officer Ed Wagner for his outstanding efforts.
Wagner
YOUTH CENTER Mr. Frank Mayfield introduced President Kathy LaBarge, and
DONATION Past President Kathy Gryglas of the Buffalo Grove Newcomer's
Buffalo Grove Club, and thanked them for their outstanding support of the
Newcomer's Cluu Youth Center. Mrs. LaBarge and Mrs. Gryglas then presented
President Clayton with a check for $400.00 for the Youth
Center.
JULY MEETING President Clayton stated that the Village Hall will be
SCHEDULE closed on Wednesday, July 4, 1979. There will be Regular
Board Meetings on the 1st and 3rd Mondays of July, and
Committee Meetings on the 2nd and 4th Mondays of July.
REPORTS FROM Trustee Hartstein commended Trustee Marienthal for his concept
TRUSTEES relating to possible donations for the library district. He
stated that he hopes that, after receiving legal counsel
regarding such a donation ordinance, the Board would move
forward quickly to put an ordinance into effect.
Trustee Hartstein said that he would like the staff to look
into a comparable situation for the fire protection districts.
Trustee Hartstein also stated that the Chicago Area Trans-
portation Study Commission of the Northwest Planning Commission has provided
in their plan for the year 2000 the possibility of a Soo Line Commuter
Railroad. With that in mind, Mr. Hartstein feels that it would be helpful
for the Transportation Commission to study this concept, and as we are
reviewing our Master Plan , make appropriate recommendations.
President Clayton agreed with Trustee Hartstein, and stated
that she had sent a letter to the Trustees today regarding the Soo Line and
supporting it.
MONTHLY President Clayton asked if there were any questions or
ACTIVITIES comments on the Monthly Activities Report. There were none.
REPORT
QUESTIONS Mr. L. A. Guggemos, President of Standard Pacific-Illinois
FROM THE Corporation, owners of Highland Point identified himself to
AUDIENCE the Board. He said that they have been trying to negotiate
with the staff since last October on a Subdivision Improve-
ment Agreement.
Mr. Guggemos stated that the previous Board had asked him
to delay further action until the new Board took office. At the meeting in
April Mr. Guggemos pointed out that the annexation of the Fiore property
was under consideration. He stated that it is because of this pending
annexation , and the request that they install an oversized sewer, they have
come to the end of their bargaining ability with the staff.
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6/18/79
Mr. Guggemos stated that Mr. Boysen's letter to the Board,
and Mr. Sommer's letter both would lead one to believe that Standard Pacific
has been less than cooperative. He feels this is grossly unfair, and stated
that they have never failed to avail themselves whenever they were asked.
He stated that, at Mr. Balling's request , they have met with Mr. Friedman,
representative of the Fiore interests.
Trustee Hartstein said that the Legislative Committee met
with a representative from Standard Pacific last Monday. He said that the
l original agreement stated a 4 year time period and the revised agreement
�•/ states a 2 year time period. Mr. Guggemos stated that they had never agreed
to 4 years. Trustee Hartstein read from the minutes of April 2, 1979, that
if the cost of oversizing the sewer has not been recaptured within 4 years,
the Village would pay for it. Mr. Guggemos stated that there were certain
other conditions that they conceded to the Village in exchange for the 2 year
commitment.
Mr. Guggemos stated that the first item in. Mr. Boysen 's
letter is new; the second item in Mr. Boysen 's letter is new, and is
diametrically opposed and in contradiction to the annexation agreement and
the SIA agreement.
Mr. Sommer stated that he thinks this belongs in Legislative
Committee.
President Clayton polled the Board; "Yes" indicates favor of
hearing the Standard Pacific SIA agreement at this evening's meeting, "No"
indicates opposition:
Yes: None
No: Marienthal , O'Reilly (feels this should come back before
the Committee of the Whole) , Hartstein, Kavitt ,
Gerschefske
Mr. Guggemos asked for a time and a date to meet with the
Committee of the Whole.
President Clayton said this would be scheduled for the
Legislative Committee next week. Mr. Sommer said that the time would be
approximately 8:30 P.M.
CONSENT AGENDA President Clayton asked if any member of the audience or the
Board had a request to remove any item from the Consent Agenda.
Trustee O'Reilly requested that an item be removed from the
Consent Agenda.
RESOLUTION Moved by Marienthal , seconded by Hartstein to pass Resolution
#79-48 #79-48, for the street improvement of Buffalo Grove Road
from Lake-Cook to Aptakisic by the Municipality Under the
Illinois Highway Code. Upon roll call , Trustees voted as
follows :
AYES: 5 - Marienthal , O'Reilly, Hartstein, Kavitt , Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
5456
6/18/79
RESOLUTION Moved by Marienthal, seconded by Hartstein to pass Resolution
#79-49 #79-49, approving an agreement for consultant services for
the Buffalo Grove Road street improvement from Lake-Cook to
Aptakisic Road. Upon roll call , Trustees voted as follows :
AYES: 5 Marienthal , O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
RESOLUTION Mr. Steve Goldspiel , Chairman of the Transportation Commission,
79-50 briefly explained the purpose of this resolution which
encourages and supports the use of public transportation.
Moved by Gerschefske, seconded by Kavitt to pass Resolution
#79-50. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
RESOLUTION After some discussion in which it was pointed out that
#79-51 Alternative C is the one recommended by the Plan Commission,
it was moved by Kavitt and seconded by Gerschefske to pass
Resolution #79-51 , which defines Village participation in
the update of the 1975 Lake County Comprehensive Plan. Upon
roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
RESOLUTION Mr. Boysen answered Trustee O' Reilly's question on this
1/79-47 resolution. Mr. Sommer stated that this resolution enables
the staff to get bids on this work, and those bids will then
be brought to the Board for their approval . Mr. Brimm gave
further explanation of the resolution.
Moved by Gerschefske, seconded by Kavitt , to pass Resolution
#79-47 for maintenance of Streets and Highways by Municipalities
Under the Illinois Highway Code. Upon roll call , Trustees
voted as follows:
AYES: 5 - Marienthal , O' Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
NORTHWOOD Trustee O' Reilly asked i.f Anden had Cook County Highway approval
UNIT III for access to Lake-Cook Road. Mr. DeGraz.ia stated that they
received that some time ago, and Mr. Sommer stated that Mr.
Boysen has a copy of it on file.
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6/18/79
Trustee O'Reilly asked if Anden had come to an agreement with
the Park District. Mr. DeGrazia stated that it has not yet been determined
if a cash donation will be required, but that if the land donations do not
meet requirements, he will provide the cash donation up front.
Mr. DeGrazia again stated that he will not request any
building permits for Unit III until the final engineering plans are submitted
on Unit II .
Mr. DeGrazia stated that he anticipates submitting the final
engineering on Unit III before the end of the month. The final engineering
will also include and identify the final site plan which will be able to
calculate with the systems of the staff and the Park staff as to the amount
of open space that they will be credited with on Unit II .
President Clayton stated that there is Plan Commission re-
commendation of this unit.
Trustee Hartstein stated that he has problems with lots #116
and #117 because of the shape and size of the lots.
Mr. DeGrazia stated that, although the lots might not look
like it, they will accommodate any and all of their models with sufficient
room on all sides. He said this has been reviewed by the Plan Commission
and the staff.
Mr. DeGrazia stated that he is in a position to state that the
homes will fit on those lots and meet all Village requirements regarding front,
side, and rear setbacks with no variations.
Mr. Boysen said that he did not personally review this, but
that the engineering staff did review each and every lot on the plan.
Mr. DeGrazia stated that the homes will definitely fit on the
lots the way they should.
Trustee O 'Reilly asked Mr. DeGrazia if they have purchased
the option property yet. Mr. DeGrazia stated that they have title to that
property.
Trustee Hartstein moved that the Plat of Subdivision be
approved subject to the conditions set forth in Mr. Boysen 's memo of June 14,
1979, and with the stipulation that lots 123, 124, 118, 116, and 117 shall
not have building permits issued until such time as the Building Department
is fully satisfied that proposed homes for those lots fully satisfy front
yard, side yard, and rear yard requirements. Trustee Gerschefske seconded
the motion. Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Trustee Hartstein moved that the Building Department be
instructed to issue no building permits for Unit III until :
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6/18/79
1 . The final engineering plans have been submitted for
Unit II .
2. The issue of the land or cash donation to the Park
District has been resolved.
Trustee O' Reilly seconded the motion. Upon roll call , Trustees voted as
follows:
AYES: 5 - Marienthal , O'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 Stone
Motion declared carried.
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}, ,., HAPP FARM Trustee Marienthal briefly stated what has happened so far
regarding this property, and asked the developer to make his
• c presentation.
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Mr. James Mastandrea stated that the subject property is
'- c `- approximately 40 acres, on which theyp to build a combination of
a) E PP Y propose
U• •X manor homes , multi-family, and commercial , which they. now propose as an
o rn o officebuilding. M . Mastandrea further explained the plan shown. He said
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c- they would like the Board to consider this proposal so that they may begin
co - meeting with the Plan Commission.
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m Q'� Trustee Marienthal stated that the main thing to be addressed
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o L a this evening is land use.
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,0 Trustee Hartstein said that at the Committee of the Whole
m 4-' meeting, he stated that the felt certain that the east portion of the property
C o a was not at all suitable for commercial use, and that perhaps it would be
+) a 0 better located on another portion of the property. Since that time, he has
• °- walked the property, and taken into account other factors, and he is not
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• C o totally certa?n that commercial has a place on the property at all .
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a) 0 o Trustee Hartstein feels that if this particular proposal is
, c referred to the Plan Commission that the Plan Commission should evaluate that
•
L ,o o a particular land use as it relates to viability as a commercial site, and also
- -) c as it relates to any potential problems that could occur from a traffic
o 0 — standpoint. He also feels that, in the event this section is used as commercial ,
o ;Y c there should definitely be no access directly onto Dundee Road.
i -`CORRECTION
w N o Trustee O'Reilly stated that she does not want to see
3 a commercial on this site. She also feels the access to the park area is
limited, and she does not see the entire thing as being at all desirable.
Mr. Raysa noted that the name on the bottom of the plat is
"Higgins Resub", and asked if this had been filed with the county. Mr.
Mastandrea said that it had not, and that the engineer is the one who
labeled it "Resub". Mr. Raysa said that any attorney would have problems
with the "Resub" because it usually, indicates that something has been filed
before, which would create a number of legal ramifications. Mr. Mastandrea
stated that he will look into it.
Trustee Marienthal commented on the commercial area, and he
also stated that he felt the access space to the park had to be opened up.
5459
6/18/79
Mr. Mastandrea stated that the Village could place whatever
restrictions they wished on the commercial property.
Mr. James Kowieski , a resident of the surrounding property,
stated that he does not feel the plan should leave the room until the
commercial is taken off of it, and it is in compliance with the Master Plan.
Mr. Kowieski also would like to know what is going to happen
to the school development property, and how the high school drainage will
affect the homes to the north. Mr. Kowieski also feels that there should be
m _c▪ a, a) �, manor homes facing the single family homes.
+� U E •—
� •- +- -0 President Clayton asked about the status of a traffic signal
E `• c U s o at the intersection of Dundee Road and Crofton. Mr. Marienthal stated that
E m a) .- 4) D
o - 3 the developer would have to petition the state to secure a traffic signal .
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N (o ea 0 U) c Mr. Mark Elias, 1436 Quaker Lane, stated that he feels there
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• o 0 o should be more commercial land use in order to help strengthen the Village's
w C) E -0 o tax base.
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}' 0 a) N o President Clayton stated that the Board does not want to
- E •— > U *' detract from the Town Center Plan by placing too much commercial development
+' E +4 (1) •- U
•- 0 -0 4- a) in other areas of the Village.
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a) '- +' •— +' U Mr. Sommer explained to Mr. Elias how the Village is attempting
L4-- .- L4- U to develop their commercial areas.
(13 o c. E 4-
a) vs0 c m The developer stated that the high school has made it clear that
t a) •— U rp L
„ Q, a) „ *' they would welcome commercial development on this parcel of land.
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< - m RI There was then some discussion on the type of drainage that
-o a) o •— would be utilized on this land.
a) _a • U > 1-
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) in a) o .- (0 President Clayton stated that some of the questions that are
tr) E >. coming up are things that will be addressed by the Plan Commission. The main
CD 1- E L concern of the Board at this point is the type of land use.
+1o > U) a) 0
u -' a) E •—
+� U C rn E L ,CORRECTION ,Trustee Hartstci-R sa-id, at this point in time, he does favor
z Las coo
o = 4- � '� U vi I-awing somc commercial. development on this site.
f- _ - � U +�
cU a) U t — 0
L aa) `) a L �, C Mr. Goldspiel , of the Plan Commission, stated that he feels
o U „ E ° '— ^ the Plan Commission should focus on the overall use of the plan, not just
it I— .a °„. ..co -. the commercial . He also stated that it would be helpful to the Plan Commission
to have the minutes of this discussion to review.
Mr. Sommer suggested that as soon as the Plan Commission has
reviewed the concept plan in terms of the economics and the land use, the
plan come back to the Village Board for approval of the concept plan, and then
go back to the Commission as a preliminary plan. Mr. Raysa said that would
be an acceptable procedure.
President Clayton stated that the Board wants to make final
determination on the land use before the plan goes to Public Hearing.
5460
6/18/79
Trustee Hartstein moved that this proposal be referred to
the Plan Commission to evaluate the plan from a conceptual basis and to
report back to the Village Board for further direction once they have made
that determination. Trustee Kavitt seconded the motion. Upon roll call ,
Trustees voted as follows:
AYES: 3 - Hartstein, Kavitt, Gerschefske
NAYES: 2 - Marienthal , O'Reilly
ABSENT: 1 - Stone
Motion declared carried.
President Clayton stated that the concept will come back to
the Board before the Plan Commission goes into Public Hearing.
Mr. Goldspiel stated that he feels there should be public
input to these decisions. Mr. Raysa said that it is possible that more than
one Public Hearing be held. Trustee Hartstein said that it does not necessarily
have to be a Public Hearing; a written notice should be sent to all surrounding
property owners, and a posted notice could be placed on the site stating that
the property will be considered at a certain date and time.
Trustee Marienthal asked the developer to look at the B-0
zoning plans to see if that classification would better suit the parcel .
Mr. Sommer informed the developer that, as soon as the list
of property owners is submitted, they would be notified when they would be on
the first workshop agenda for the Plan Commission. He said he would go over
the minutes, and the requests of the Trustees, and inform the developer so
that he could comply with these requests and work could begin at the first
workshop of the Plan Commission.
Mr. Raysa said that he would like the minutes to reflect
that this petition is being made pursuant to Section 7-1-8 of Chapter 24 of
the Illinois Revised Statutes.
VAGA Trustee Kavitt moved that the Village of Buffalo Grove not
INTERGOVERN- participate in the building moratorium agreement as proposed
MENTAL by VAGA. Trustee Hartstein seconded the motion. Upon roll
AGREEMENT
call , Trustees voted as follows:
AYES: 5 - Marienthal , O' Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Trustee Kavitt stated that he is basically in favor of most
of the points in the draft of the Intergovernmental Agreement which the staff
has prepared. He stated that this draft is a basic proposal to be presented
to VAGA at the June 28th meeting, and it is our way of saying that we are
not in favor of the last Intergovernmental Agreement but we would like to
propose this agreement. He feels it is a way of showing our good faith and
willingness to cooperate.
President Clayton asked Trustees to bring out any particular
concerns they have with the agreement.
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6/18/79
Trustee Hartstein stated that we might want to include some-
thing from an affirmative standpoint in terms of making available upon request
neighboring municipalities' copies of documentation relating to pending matters.
Trustee Hartstein stated that the phrase "and documentation
upon request" should be added to #1 .
President Clayton stated that this agreement should be
approved subject to any changes which might be made, and authorizing the
President and the Clerk to sign it so that we will have something to take
to the meeting on June 28, 1979.
Moved by Marienthal , seconded by Kavitt to authorize the
Village President to execute this agreement in its present form as amended.
Mr. Sommer stated that when this agreement is retyped in
its proper form, all participants of VAGA will be included on the second page.
Upon roll call , Trustees voted as follows:
AYES: 5 - Marienthal , O 'Reilly, Hartstein, Kavitt, Gerschefske
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
ADJOURNMENT Moved by Marienthal , seconded by Kavitt to adjourn. Upon
voice vote, the motion was unanimously carried. The meeting
was adjourned at 10:00 P.M.
Jank.VM. Sirabian, Village Clerk
PASSED AND APPROVED BY ME THIS
—__‘&LDAY OF , Q _, 1979.
"Village President