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1979-08-06 - Village Board Regular Meeting - Minutes 5477 8/6/79 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS , VILLAGE HALL, AUGUST 6, 1979. CALL TO ORDER President Clayton called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Clayton; Trustees Stone, O' Reilly, Hartstein, Kavitt, Gerschefske. Trustee Marienthal was absent. Also present were William Balling, Village Manager; William Raysa, Village Attorney; William Brimm, Finance Director; Gregory Boysen, Village Y � 9 9 Y Y � 9 Engineer; Dick Kuenkler, Civil Engineer; Frank Hruby, Director of Building and Zoning; Bart Delaney, Planning Coordinator. APPROVAL OF Moved by Stone, seconded by Hartstein to approve the minutes MINUTES of the Regular Meeting of July 16, 1979. Upon roll call , Trustees voted as follows: AYES : 4 - Stone, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSTAIN: 1 - O'Reilly ABSENT: 1 - Marienthal Motion declared carried. WARRANT #408 Village Treasurer Kochendorfer read Warrant #408. Moved by Gerschefske, seconded by Kavitt to approve Warrant #408 in the amount of $263,815.34 for payment of bills listed. Upon roll call , Trustees voted as follows : AYES: 5 - Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES : 0 - None ABSENT: 1 - Marienthal Motion declared carried. ORDINANCE #79-33 President Clayton informed the Board that she wished to place this item at this point in the agenda so that Mrs. Rose would be able to attend the District 21 School Board meeting. President Clayton read Ordinance #79-33 establishing Rose Boulevard in Buffalo Grove in commemoration of William Rose. Moved by O'Reilly, seconded by Gerschefske, to pass Ordinance #79-33. Upon voice vote, the motion was unanimously declared carried. Trustee Marienthal was absent. President Clayton thanked Mrs. Rose for attending the meeting. Mrs. Rose thanked everyone on behalf of her family, and her husband. ESDA COMMISSION President Clayton stated that Public Works Director William Davis is resigning to take a position in South Carolina. Mr. Davis has also been an ESDA Commissioner, and will be resigning from that position also. 5478 8/6/79 GOLF COURSE FUND Mr. Brimm reviewed the financial situation of the Golf Course, (Six Month Report) as detailed in his memo to Mr. Balling of July 13, 1979. Mr. Molinaro stated that the course got off to a rather slow start again this year because of the weather. However, during the month of July, revenue was 23% over what had been budgeted. He said that week-day play has greatly increased, which was one of their goals; he also stated that the course is holding up very well under the increased number of players. Mr. Balling stated that there will be some improvements made to the Club House itself this fall . PROPERTY TAX Mr. Balling stated that the staff has been working with the REAPPORTIONMENT Department of Local Government Affairs and other authorities to assess the impact of a property tax reapportionment exercise, to ascertain if that reapportionment would create greater taxing equity between Cook and Lake Counties. Mr. Brimm explained what a reapportionment is, and outlined the steps in realizing this reapportionment, as detailed in his memo to Mr. Balling of July 19, 1979. Mr. Brimm stated that there would actually be a small tax loss to the Village if this reapportionment were to take place. Mr. Brimm stated that the basis of this reapportionment exercise is to equalize the tax burden between counties, and the data relied upon is the market actual sales transfers in the Village in both counties. Mr. Balling stated that if the Village proceeds with a reapportionment study, it is anticipated that there will be a small , but visible, shift of additional burden to Lake County. Mr. Kochendorfer stated that, since both counties assess taxes differently, this is just an exercise, and not a definite decision as to how the reapportionment would turn out. Mr. Kochendorfer stated that, since the Village can only assess at a certain level , there may not be an increase in Lake County, but there would be a decrease in Cook County, which would mean a loss of revenue to the Village. Trustee Hartstein commented on some studies that he had done himself on this subject. 'CORRECTION Trustee Gerschefske stated that the problem is that the'�Department 8oLocal Gpve t�ver ment Anti ffairs es not g e coues direction as to how to arrive at a formula for equalization. Moved by Gerschefske, seconded by O' Reilly, to direct staff to prepare a resolution to oppose reapportionment. Upon roll call , Trustees voted as follows: AYES: 5 - Stone, O' Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. 5479 8/6/79 CONSENT AGENDA President Clayton noted that any member of the Board or the audience may request that any item on the Consent Agenda be removed for full discussion by the Board. President Clayton stated that Item XI , H, amending Title 15 of the Buffalo Grove Municipal Code is being removed because some developers were late getting their comments in regarding this, and the staff would like some more time to review these comments. LJ A member of the audience asked that Item XIII , B, referring to the Happ Farm be removed from the Consent Agenda. Trustee Hartstein asked that Items XII , C and D regarding Public Land Acceptance, be removed from the Consent Agenda. DEARBORN Mr. Balling stated that the Annexation Agreement was redrafted DEVELOPMENT following the last Board meeting. Mr. Balling stated that the Park District is now prepared to accept, with some restrictions, the lakes as public lands. This would require a change in the language in the Annexation Agreement. Mr. Balling stated that a 25' setback for the motor court areas has been established. Mr. Balling stated that the staff has not received the legal descriptions from the developer, and, therefore, the ordinance zoning the property could not be passed tonight. Also to be addressed this evening is the construction of Buffalo Grove Road extended. At the last meeting, the Board was split 3-3 on this subject. Mr. William Kiddie discussed the Park Board's views regarding the lagoons. Trustee Hartstein asked the Park Board's thoughts on the bike path system. Mr. Kiddie stated that the consensus of opinion was, in order to give a more natural setting to the area, and to give more privacy to the homes, probably the whole concept would best be served by not going up the "spine" of the property. 1 Mr. Boysen stated that, in all probability, less than 500 of the natural vegetation would be able to be saved. President Clayton stated that this would not end up in the natural setting that there is now. Mr. Kiddie stated that that is correct, and that what they are trying to do is to reconstruct something after the fact. L/ Trustee Hartstein asked Mr. Kiddie to explain why the Park District feels a donation is appropriate because the donated land is passive and not active. Mr. Kiddie explained that it is the feeling of the Park Board that the lands that come to them should be able to be used for active recreation. Mr. Kiddle stated that the feeling of the Park Board is that Dearborn comes up short in required open space, and, therefore, they would like to have the cash donation. Mr. Bruce Johnston stated that one of his questions is what lands are going to be donated to and maintained by the Park District. 5480 8/6/79 Mr. Johnston 's second question is what should be given credit for open space. He also stated that , never before in this Village has the criteria been "active" open space in a planned unit development. Mr. Johnston stated that, to make all of the "passive" open space in their plan "active",would destroy the plan. He feels that the lake area is "active" recreation. Mr. Johnston stated that Dearborn's position is that every other planned unit development has received credit for passive open space. Li Mr. Johnston displayed a site plan, and showed what lands have been accepted by the Park District, and the areas which are in question. He stated that the Park District has given them credit for the pool , the open space in the southeast corner, and the bike path. President Clayton asked if the Park District is prepared to accept the lagoons. Mr. Kiddie answered that this was the general feeling. Trustee Hartstein asked if there has been any new agreements between Dearborn and the Park District since the last Board meeting. Mr. Kiddie stated that the Park District is willing to accept the lakes. He also said that they had told Mr. LaBrant that they would be willing to accept all areas on the plan shaded in "green" if dollar figures can be agreed upon. Mr. Kiddie feels that a great deal of progress has been made. Mr. Hauselman stated that, many months ago, Mr. LaBrant. offered to donate $250/unit to the Park District, assuming he would get credit for these lakes. Trustee Hartstein clarified the fact that Dearborn would still be willing to donate approximately $65,000 to the Park District, providing the Park District accepts the lakes, and gives Dearborn credit for them. This , of course, would eliminate the $50/unit donation to the homeowner's association. Trustee Hartstein feels the only two reasonable alternatives are either that the Park District take the lakes and the $65,000 and be content that the donation requirement has been met; or that the lakes be maintained and owned by the homeowner's association. Mr. Ayres stated that the $65,000 figure is for right now, and when the other portion of the property is developed, another donation would be given to the Park District. Mr. LaBrant stated that this was correct. Mr. Kiddie brought up the possibility of putting in a small parking lot of about 10 spaces in the northwest corner. Trustee Hartstein simply asked whether or not the Park District would accept this land and $250/unit. Mr. Ayres said he could not make a decision for the Board. Trustee Hartstein asked Mr. Ayres what he thought the Park Board might do. Mr. Ayres said that it would probably be acceptable, deleting the "active" use parcel . Mr. Ayres said the lagoons cannot be used for boating because of insurance problems. Mr. Ayres basically thinks that the Park Board would accept it. 5481 8/6/79 President Clayton stated that Paragraph E should state "$250/unit"; Paragraph G should be deleted; and the last sentence in Paragraph E should be changed to read that the Park District "would" become the eventual owner. In answer to a question by Trustee Hartstein, Mr. Ayres stated that they recognize that this is subject to engineering. Mr. Balling stated that staff recommends that the parking lot access not be off of Busch Road; they feel it better to have access from the internal portion of the site. Mr. Hauselman clarified that the last sentence in D should not be applicable. Mr. Kiddie said that would be correct. Trustee Hartstein stated that he personally feels that any motion would be subject to seeing a signed agreement between the developer and the Park District. Mr. Balling discussed the bonding. President Clayton stated that the Board wants to be sure that Exhibit J is something that everyone will abide by. Mr. Hauselman expressed their concern over the fact that this will not be finalized tonight. Mr. LaBrant stated that he will keep the lakes and the northerly portion of the property, and give the Park District the $48,500 donation. Trustee Gerschefske stated that he would be agreeable to Dearborn keeping the land and maintaining it. Mr. Hauselman stated that the Park District should be given a certain number of days to accept the proposal ; if they do not, then Dearborn is prepared to have the condominium association take the lakes. Mr. Hauselman said they would be agreeable to either alternative; and this way they would not have to come back again. President Clayton polled the Board: "Yes" indicates favor of the proposal that the Park District would come up with a signed agreement with the developer at their Thursday night meeting; if that does not take place, then it would revert to Mr. LaBrant's suggestion that he keep the lakes, and donate $48,500 to the Park District plus $50/unit to the condominium owner's association; "No" would indicate opposition: YES: 5 - Stone, O'Reilly (for purposes of proceeding on) , Hartstein, Kavitt, Gerschefske NO: 0 - None ABSENT: 1 - Marienthal President Clayton told Mr. Raysa that she personally would want to see what they will come up with, and then after everything was ironed out, it would be up for passage on the 20th. Mr. Hauselman questioned Buffalo Grove Road extension, and whether the extension would be done at the beginning of the project, or at the end of the project. Trustee Hartstein stated that the only type of alternative that he would be satisfied with regarding the completion of Buffalo Grove Road would be completion by a date certain , possibly a 2-year date. 5482 8/6/79 Mr. LaBrant discussed the reasoning behind doing part of Buffalo Grove Road. President Clayton stated that her concern is that, if Mr. LaBrant is not the developer of the western portion of the property, there might not be enough units in that portion to economically ask another developer to complete this road. Mr. LaBrant stated that he intends to build on the western portion of land. President Clayton polled the Board: "Yes" indicates favor of having the road completed before Parcel B is discussed; "No" indicates opposition: YES: 5 - Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NO: 0 - None ABSENT: 1 - Marienthal Mr. Delaney stated that there would be one addition and one correction in the agreement. He stated that the dates would be put on all plans. On page 2, the name of the engineering firm would be changed. On page 13, in paragraph 19, the second line down should read: "and Administrative Order #2 made a part hereof as Exhibit E, except for sanitary sewer inspection deposits , and the Subdivision Improvement Agreement cash deposit". Mr. Boysen stated that the deposit should be cash, and it would not be appropriate to take a letter of credit. Mr. Hauselman asked if they need to have the owners sign all these things again. Mr. Raysa said he feels they should. Mr. Kiddle said that the Park Board will get back to the Village Board with something as soon as possible. Trustee Hartstein moved that the Annexation Agreement be approved as drafted in the alternative to provide either that it delete the $50/unit contribution to the homeowner's association in Paragraph 15 and include an Exhibit J substantially in conformance with the discussions this evening executed by the Park District and the developer, or that it include the agreement, stand as it is, with the provision that Exhibit J provide for a cash donation of $48,500, and providing that the minor changes by the attorneys and the staff be incorporated in the final agreement. Trustee Kavitt seconded the motion. Upon roll call , Trustees voted as follows: AYES: 3 - Hartstein, Kavitt, Gerschefske NAPES: 2 - Stone, O'Reilly ABSENT: 1 - Marienthal Motion declared carried. —, In answer to a question by Trustee Hartstein, President Clayton stated that she would vote "Yes" if her vote were necessary. Mr. Balling stated that the three ordinances concerning Dearborn will be on the agenda for August 20, 1979. RECESS President Clayton declared a recess at 9:20 P.M. The meeting reconvened at 9:40 P.M. 5483 8/6/79 ROUTE 53 At the request of the Long Grove officials, it was moved by Long Grove O'Reilly, seconded by Stone to defer until August 20, 1979, Subdivision) the statement of Buffalo Grove regarding the proposed Long Grove subdivision located within the FAP 432 Highway alignment until Long Grove has a chance to present their views to the Board. President Clayton asked that, if this motion is carried, Mr. Balling convey to Long Grove that we wish to take action on August 20, 1979. �•/ Upon voice vote, the motion was unanimously declared carried. ORDINANCE #79-32 Trustee Stone stated that he feels the 1 ' setback from the (Parkins) sidewalk should be changed to 4' . There was further dis- cussion of this suggestion. Trustee O' Reilly stated that she feels this ordinance is written totally for RV owners , and not for other residents. Mrs. Barbara Sheldon stated that the ordinance before the Board tonight is directly against the zoning and setbacks that the Plan Commission has worked for. Mr. Stan Nathanson stated that he feels the commercial vehicles should not be allowed in the Village. President Clayton polled the Board: "Yes" indicates favor of the ordinance as it now reads, with the 1 ' setback; "No" indicates opposition, meaning that it should be more than 1 ' : YES: 3 - Hartstein, Kavitt, Gerschefske NO: 2 - Stone, O 'Reilly ABSENT: 1 - Marienthal -CORRECTION Moved by Hartstein , seconded by Kavitt , to *pass Ordinance #79-32. Mr. Foss stated that the word "interior" should be deleted from the section on storage of vehicles. This was agreed to at the last meeting. Mr. Don Hardt stated that he agrees with Mrs. Sheldon 's statement regarding the goals of the Appearance and Plan Commissions. Upon roll call , Trustees voted as follows : AYES: 4 - Hartstein , Kavitt, Gerschefske, President Clayton NAYES: 2 - Stone, O 'Reilly ABSENT: 1 - Marienthal Motion declared carried. RESOLUTION #79-57 Moved by Stone, seconded by Kavitt, to approve Resolution TBusch Road #79-57 approving the low bidder Liberty Asphalt Corporation Resurfacing) for the Busch Road Intermittent Resurfacing Program. 5484 8/6/79 The supplemental FAUS repair program for Busch Road will commence upon the Village of Buffalo Grove's acceptance of the State's low bidder. The contractor will provide work for the entire Lake region CATS system eligible for this program. Upon roll call , Trustees voted as follows: AYES: 5 - Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAPES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. ORDINANCE #79-31 Moved by Stone, seconded by Kavitt, to pass Ordinance #79-31 (Health Officer) amending Section 2. 18-020 of the Buffalo Grove Municipal Code (Appointment of Health Officer) . The codification of municipal ordinances failed to correct an inconsistency between the Village Manager legislation and the health officer ordinance. The amendment will make the code compatible. Upon roll call , Trustees voted as follows: AYES: 5 - Stone, O' Reilly, Hartstein, Kavitt, Gerschefske NAPES : 0 - None ABSENT: 1 - Marienthal Motion declared carried. 1979 CONTRACTUAL Moved by Stone, seconded by Kavitt , to approve the 1979 STREETS Contractual streets maintenance program - review bids and MAINTENANCE award contract to R. W. Dunteman as lowest qualified bidder PROGRAM - in the amount of $140,471 .53. Bid award will officially commence the local street reconstruction program for FY 79-80 previously described. A supplemental MFT resolution has already been executed by the Village Board. Upon roll call , Trustees voted as follows: AYES: 5 - Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAPES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. FY 79-80 VILLAGE Moved by Stone, seconded by Kavitt, to approve FY 79-80 HALL LIGHTING & Village Hall Lighting & Phase I Landscaping (concrete) PHASE ILAt4DS- Program. Award contract to Andy Construction $5,900 (concrete) GAPING PROGRAM and limited award to Fulton Construction, $10,900 (lighting - labor & material only) , and authorize municipal purchase of electrical equipment from Quality Outdoor Lighting. The FY 79-80 program has been bid and is underbudget. Bid award will commence construction which should be completed 10-79. Upon roll call , Trustees voted as follows : AYES: 5 - Stone, O 'Reilly, Hartstein, Kavitt, Gerschefske NAPES : 0 - None ABSENT: 1 - Marienthal Motion declared carried. 5485 8/6/79 PUBLIC LAND Trustee Hartstein explained his reasons for questioning ACCEPTANCE these subjects , and moved that the Public Land Acceptance (Buffalo Grove items on the Consent Agenda be tabled until input is Highlands) received from the school district. Trustee O'Reilly seconded the motion. Upon voice vote, the motion was unanimously declared carried. BUFFALO GROVE Moved by Hartstein, seconded by O 'Reilly, to refer the DATSUN Buffalo Grove Datsun plan to the Plan Commission. Mr. Jerry Orloff, 1100 Crofton Lane, read a statement (contained in the Clerk's file) from the residents of Mill Creek. Trustee Hartstein amended the motion to specifically direct the Plan Commission to consider all concerns by the Mill Creek residents as outlined in their August 2, 1979 memo, and also to direct the Plan Commission to fully address all items contained in the staff memo. Trustee O' Reilly seconded the amendment. Trustee Hartstein stated that he also feels the Village of Buffalo Grove should take affirmative action to see that the park site near the school is properly developed. Mrs . Clarice Rech displayed a plan for this piece of property, and went over the past history of this dealership. Mrs. Rech stated that it was never the intention of the previous Board to have another automobile dealership on this site. Mr. Balling stated that when residential property is abutted to commercial property, an on-site buffer must be provided. Mr. Kiddle stated that, according to the legal description in the Park District 's Warranty Deed dated June 19 , 1978, it appears that the ingress and egress off of Dundee Road may, in fact , be Park District property. President Clayton wanted to make sure that the developer understood that the items which Mr. Krause had agreed to would have to be reviewed by the Plan Commission. President Clayton asked Mr. Orloff how the federal funding could be affected by this development, as stated in item #9 in the memo from Mill Creek residents. A Mill Creek resident stated that, if the land is not landscaped properly, it could adversely drain onto the Park District property, which could adversely affect the federal funding. CORRECTION Trustee O 'Reilly stated that this park site could be developed byiresidents seeking.donations and working on the park without the Village's financial participation. Mr. John Panella stated that Park District items should remain in the Park District domain. He said that the Village should not be donating money to the Park District. Mr. Raysa stated that any money donated to the Park District must be in the Tax Appropriation Ordinance. Mr. Stavin stated that he does not believe that the Board is addressing the reason for which he is at this meeting. -- J 5486 8/6/79 Mrs. Sheldon stated that the questions being raised tonight are standard procedure in the plan review process by the Plan Commission. Mr. Stavin said that he feels they are being penalized for something which the former owner did or did not do. He said that they must have a timetable, and they must have some kind of direction from the Board. Regarding a question from Trustee O'Reilly, Mr. Stavin stated that he could not at this point determine whether or not he would have any land available to donate to the Park District. Trustee Kavitt stated that it appeared that the prior Board intended that this site be limited to one car dealership. Mrs. Rech stated that the crucial vote on this property will take place tonight, because once something is sent to the Plan Commission , it is very seldom denied when it comes back to the Village Board. In answer to a question by Mr. Orloff, President Clayton stated that in the plan of development now existing on that piece of property, there is a road shown on the commercial site. In response to a question from Mr. Orloff regarding the road, President Clayton stated that is one of the things listed in the staff recommendation to be taken up at the Plan Commission level . Mr. Orloff stated that , although they realize that most of these items are to be taken up by the Plan Commission, they want to go on record as having their concerns listed. Regarding the lack of access to the park, a resident stated that perhaps some access area could be obtained in the area that fronts on Arlington Heights Road. Mr. Thompson stated that, with regard to the drive, the curb cut is approved by the Illinois Department of Transportation. He stated that they understand that there are an array of items which must be dealt with. Upon roll call , Trustees voted as follows: AYES: 5 - Stone, O'Reilly, Hartstein, Kavitt (subject to a future donation by the Datsun dealer) , Gerschefske NAYES : 0 - None ABSENT: 1 - Marienthal Motion declared carried. Mr. Delaney will notify Mr. Orloff of the Plan Commission agenda, and Mr. Orloff will then notify other interested residents. HAPP FARM A Mill Creek resident stated that Mill Creek residents must know what will be built here. Mrs. Rubin stated that she was told by Cook County that this land was zoned residential . She stated that her main objection to this development is a development being put on this property which will greatly increase traffic on Dundee Road, which is already a hazardous section. 5487 8/6/79 Mrs. Rubin stated that she wishes to be notified of all Plan Commission meetings which take place regarding the Happ Farm. Moved by Hartstein , seconded by Kavitt , to refer the Happ Farm proposal to the Plan Commission for consideration. Upon voice vote, the motion was unanimously declared carried. Mr. Shapiro, representing the developer, stated that at the rate their development is moving, their contractual arrangements with the Happs would expire by the time all steps in the plan review process are carried out. He stated that the developer would appreciate cooperation in helping to move this along. Mrs. Rubin stated that if anyone is to develop this land, she would prefer that it be in Buffalo Grove. UPTOWN FEDERAL Moved by Stone, seconded by Kavitt to accept the Appearance SAVINGS & LOAN Commission 's recommendation for landscaping, temporary appurtenances, elevations and architecture, and lighting for Uptown Federal Savings & Loan. An affirmative Appearance Commission recommendation has been filed for this project. Upon roll call , Trustees voted as follows : AYES: 5 - Stone, O 'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 1 - Marienthal Motion declared carried. ADJOURNMENT Moved by O'Reilly, seconded by Kavitt to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11 :15 P.M. i?.1, JanM. Sirabian Village Clerk PASSED AND APPROVED BY ME THIS O DAY OF , 1979. Village President 1 V .i - -- --