Loading...
1979-10-22 - Village Board Special Meeting - Minutes 5535 10/22/79 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, ON MONDAY, OCTOBER 22, 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 Marienthal , Stone, O'Reilly, Hartstein, Kavitt. Trustee Gerschefske was absent. Also present were William Brimm, Finance Director; William Raysa, Village Attorney; Frank Hruby, Director of Building and Zoning; Gregory Boysen, Director of Public Works; Bart Delaney, Planning Coordinator; Jim Truesdell , Staff Planner; Ray Gustafson, Civil Engineer. POST OFFICE Trustee Kavitt stated that he had been in Washington, D.C. last week, and had met with Congressman Crane's staff regarding a Post Office in Buffalo Grove. The evaluation of Congressman Crane's staff was that Buffalo Grove would probably be in line for a "financial branch" of a Post Office. After reading in the Herald that a Mr. Santoro had stated that Buffalo Grove would not be in line for a Post Office, Trustee Kavitt contacted Congressman Crane's office again. The result of that conversation is that a meeting will be set up in Buffalo Grove between President Clayton, represent- atives from the staff, Mr. Santoro of the Postal Administration, either Congress- man Crane or a representative from his office, and someone from the Postal Administration in Washington. Trustee Kavitt will follow up on this matter. Trustee O'Reilly stated that she had spoken with Mr. Santoro today, and he has agreed to meet with Village officials, and will verify a date soon. YOUTH SEMINAR Trustee O 'Reilly noted the seminar on Youth Programs at Kemper Insurance on November 10, 1979 , and stated that she hoped Trustees and members of the Park Board would attend. BUFFALO GROVE Mr. Brimm reported that he and Mr. Balling had met with Mr. DISPOSAL Raupp, and the final proposal is a rate increase of $1 .00 per month. The rate will now be $7.65 per month for detached single family homes , and $6.65 per month for townhouses and attached single family homes. Mr. Raupp did commit to cost out his service for the next year so that there would be a better basis for negotiations next year. Trustee Marienthal stated that he would like to take the $850 received for billing each month, and further reduce the rate increase by $. 15 for a total increase of $.85 per month. He asked for a polling of the Board on this matter. 5536 10/22/79 President Clayton polled the Board; "Yes" indicates favor of the $850 received for billing fees to be used to reduce the garbage fee by $.15 per month; "No" indicates opposition : YES: Marienthal NO: Stone, O 'Reilly, Hartstein, Kavitt ABSENT: Gerschefske Trustee Kavitt asked about the possibility of Mr. Raupp renegotiating the contract. Mr. Brimm said he would look into that possibility. QUESTIONS FROM President Clayton asked if there were any questions from the THE AUDIENCE audience. There were none. BUFFALO GROVE Moved by Marienthal , seconded by Stone to pass Ordinance DATSUN #79-48, amending Ordinance #76-37 to approve a site plan for Buffalo Grove Datsun located on Dundee Road ( IL 68) approximately 400 ' west of Crofton Lane. After discussion, an amendment to the motion was made and seconded to strike all references other than landscape plan and sign package. Mr. Raysa also stated that Section 1 and Exhibit A should be changed to show a date of 10/19/79 rather than 10/17/79. He said the SIA will be changed to reflect the 10/19/79 date. Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried GRAND SPAULDING President Clayton stated that the next item is the final LOT 1 plat of resubdivision (Grand Spaulding Lot 1 ) which provides for Buffalo Grove Datsun. Plan Commissioner Goldspiel stated that the Plan Commission recommended approval with no exceptions. Mr. Goldspiel also stated that, after discussion , the Commission passed a resolution stating that there should be a sidewalk in front of the adjacent park; however, they do not know whose responsibility it is to put that sidewalk in. *CORRECTION See There was discussion as to whose responsibility it is to page 5529(a) put in the sidewalk. for additional comments) Mr. Boysen stated that the Engineering Department is generally pleased with the plans submitted by the developer last week. He said they would recommend approval of the plan subject to the following nine conditions: 1 . Receipt of existing topography information along the park site boundary and along the proposed sidewalk and provide any plan revisions required to insure positive drainage. 5536(a) 10/22/79 CORRECTION Trustee Marienthal stated that Mr. Krause had been in attendance at the Plan Commission meeting with his architect. Mr. Marienthal stated that staff had presented the original plans that were approved by the Village Board and were initialed by Mr. Krause. The plans were initialed in areas where changes were made to that particular plan when it was discussed at the Village Board level . Mr. Krause had some disagreement with what he said he represented and what was on the plan. Trustee Marienthal said the sidewalk was, in fact , on the plan, and Mr. Krause had signed off on the plan. Mr. Krause asked for a copy of the minutes , which were provided to him by the staff. He was told that if he had any contrary information, he should be at tonight's meeting; Trustee Marienthal said he did not see Mr. Krause present tonight, so, in fact, he must be satisfied that the sidewalk has to be installed. Mr. Fried stated that Mr. Krause had asked if he had to attend tonight 's meeting, and he was told that if he wished to defend himself, he should be present. President Clayton asked if the sidewalk was shown on the Engineering Plan as being installed all the way to Crofton Lane. Mr. Boysen stated that it is shown on the Engineering Plan. Mr. Fried asked if, since Mr. Krause is not here tonight, he has an option to come back at some later date. President Clayton stated that, if plat approval is to be given tonight, it must be clear whose responsi- bility it is to put in the sidewalk. Mr. Marder stated that it was the opinion of the representative of the Board that it was an obligation undertaken by Mr. Krause to put in the sidewalk. Trustee Marienthal stated that where there was a change to the plan, Mr. Krause initialed it , and where no initials did appear, the plan stood as shown. The plan approved by the Village Board on June 28, 1976, shows the sidewalk. 5537 10/22/79 2. Receipt of a Plat of Access Easement Dedication for Park District execution. The developer should be required to record the fully executed Plat. of Easement and as a prerequisite for the issuance of an occupancy permit, submit a high quality mylar reproducible copy of the fully stamped and executed Plats of Access Easement and Subdivision. 3. Application for M.S. D. and I .E.P.A. Sanitary Sewer Permits, I .E.P.A. water main construction permit and I . D.O.T. right-of-way construction permit. The receipt of each of these other agency permits should be a pre- requisite for issuance of an occupancy permit. 4. Receipt of a Site Development Permit pursuant to the Village Erosion and Sedimentation Control Ordinance. 5. A pressure connection valve and vault must be provided on the plans and added to the cost estimate for the principal water main tap. 6. Provide additional length of the detention basin outlet pipe on the plans and cost estimate so as to extend the pipe to the gravel channel bottom. 7. Receipt and approval of revised engineer's estimate of costs. 8. Correction of typographical errors on the plans including: a. Correction of Flood Study reference mark description. b. Redraw pipe indicating water main connections to the easternmost fire hydrant. c. Correct surface profile errors on utility profile drawings. 9. Receipt of fees for: a. Pavement evaluation fee in amount of $356.25. b. Sewer inspection deposit in amount of $200.00. c. Engineering review and inspection fee ($7,924.00 should be paid immediately pursuant to latest fee calculation by the developer with any necessary adjustment to be made pursuant to final approved engineering cost estimate before release of the Subdivision Plat for recording) . Mr. Goldspi.el explained why he abstained from voting on this matter. Mr. Stavin and Mr. Fried stated that the Park District had agreed to grade their property at the time the Datsun property was graded. However, the Park District has already graded their property, and at this point Mr. Stavin and Mr. Fried do not know what, if any, adverse effect this will have on their property. Mr. Steve Thompson stated that he and Dick Kuenkler do not feel it is a tremendous problem, but they do not know at this time. 5538 10/22/79 Trustee Hartstein asked if the pipe in question would have been located in the proper place based on what the topography was before the Park District did their regrading. Mr. Boysen said that they believe the pipe would not have been in the right location. President Clayton clarified with Mr. Boysen that the topography map the Village is asking the developer to submit is the one which was originally asked for and not received (showing 150 ' into Park District land) , and that this is not being requested merely because the Park District has done some regrading. Mr. Boysen stated that this was an original requirement. He said it is his personal feeling that the developer should now do the topography information and accommodate the existing conditions today. Trustee Hartstein asked at what point a topography map is usually required. Mr. Boysen replied that it is required by ordinance that a concept plan is received at the time of the preliminary plan. He said this was requested of this developer at the beginning of the discussions. Mr. Thompson said that they have always shown a topography map going 50 ' into the Park District land. President Clayton asked Mr. Thompson if they have always been aware of the fact that a map showing 150 ' was required. He said that they were aware of that. President Clayton polled the Board: "Yes" indicates favor of requiring the developer to provide the topography map of the property 150 ' adjacent to their property (Park District property) as required by ordinance; "No" indicates opposition. YES: Marienthal , Stone, O'Reilly, Hartstein, Kavitt NO : None ABSENT: Gerschefske Mr. Marder said they will provide the requested topography map. He asked about the consequences if the grading done by the Park District has adversely affected their property in the drainage proposal which they have made. Trustee Hartein stated that that would be a matter between the developer and the Park District. Mr. Marder asked if the Village would support them in negotiating with the Park District. President Clayton polled the Board: "Yes" indicates favor of supporting Datsun in their discussions with the Park District in reaching a fair and equitable settlement with regard to the grading done; "No" indicates opposition. YES: Marienthal , Stone, O' Reilly, Hartstein, Kavitt NO: None ABSENT: Gerschefske u I _ _ 5539 10/22/79 Regarding the pavement strength, Mr. Thompson stated that they do not feel that they should be subjected to a pavement of a structural number of 2.5 and 3.25 in the heavily trafficed areas ; they would be willing to achieve something in the area of 2 or 2.2. Trustee Hartstein stated that the Board must fall back on staff recommendations in this area. Mr. Hartstein stated that if the developer can convince the Village Engineer, based upon the information they have, that the pavement that he is suggesting is required is not necessary, Mr. Hartstein would personally be willing to go along with the Village Engineer's recommenda- tions. Mr. Boysen stated that, because problems have been experienced in the past, he is somewhat hesitant to change his recommendations. He made some comments regarding the pavement strength requirements, and did say that if there were some substantial information showing that the lesser pavement strength would be suitable, he would be willing to reconsider. Trustee Stone feels the Board should go along with the staff recommendation as it now stands . Mr. Marder said that somewhat of a compromise has already been reached, showing a strength of 3.25 on the driveways, and 2.5 on the balance of the property. He stated that the Engineering Department had indicated that they were agreeable to those numbers, and Mr. Marder wants to be sure that any motion would reflect this . Mr. Boysen stated that the plans submitted today (October 22, 1979) are completely satisfactory to the Engineering Department. Mr. Marder clarified that the developer accepts, for the moment, the most recent drawing submitted, with the understanding that, if the developer can subsequently establish to the Engineering Department's satisfaction that less is needed because of the various strengths of the soil , the developer would then come back to the Board and ask for a revision, thereby putting no burden on the Engineering Department. Trustee O'Reilly asked if the plan does meet the ordinance. Mr. Boysen said that it does. President Clayton stated that if a lesser pavement standard still meets the ordinance requirements , there would be no need to come back before the Board. Moved by Hartstein, seconded by O 'Reilly to approve the Plat of Resubdivision subject to the nine items as outlined by Mr. Boysen, and the Plan Commission recommendations dated October 17, 1979. Upon roll call , Trustees voted as follows: AYES: 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAPES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. 5540 10/22/79 PURCHASE OF Moved by Hartstein, seconded by Kavitt, to authorize waiver ENGINE ANALYZER of bid and purchase of the Engine Analyzer, Sun Model 115- VAT 33. Upon roll call , Trustees voted as follows : AYES: 5 - Marienthal , Stone, O 'Reilly, Hartstein , Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. GRAND SPAULDING President Clayton stated that Mr. Krause wished to discuss (BUFFALO GROVE the sidewalk at Crofton Lane. Mr. Krause stated that he DATSUN) - never committed to a sidewalk to Crofton Lane. SIDEWALK CORRECTION Trustee Marienthal read from Village Board Minutes dated This section June 28, 1976 on page 4621 : "In response to a question rewritten to from Trustee Rech, Mr. Krause stated that they will install sidewalks along show verbage the existing property and will extend them to the existing curb cut just west at Board's of the proposed park." request. Mr. Krause stated that the minutes he has state "to the curb cut for the future road for the Miller development." He said that the future road for the Miller development is what he built the sidewalk to. Trustee O'Reilly stated that those are Appearance Commission minutes. Mr. Krause said that the property where the sidewalk is pro- posed was not even donated by him. Trustee Marienthal said that he did. Mr. Krause said that he donated 4.5 acres, and nothing was said about a sidewalk on 400' because he did not donate that. Trustee Marienthal asked if Mr. Krause signed the plan. Mr. Krause asked where; he said there are a lot of his signatures on there. He also said that plan is not correct, and he brought that out at the Plan Commission. That does not show the property that he gave. The first property that he donated went straight down the lot line, and then he gave more property, and that plan doesn 't show about 25' to 30' of what he actually donated. President Clayton stated that the wording "Sidewalk to Crofton Lane" is on the corner of the plan. Mr. Krause said they had him sign for everything if he was going to develop this . Trustee Marienthal said Mr. Krause had to sign if he was going to move something. Mr. Krause pointed out the places he did sign, but said he never signed for a sidewalk, because he went ahead on his planning commission and when he developed this, he did not develop the whole area, but he carried the sidewalk over to the curb cut, and that is what he committed to do, and that is what he did. Mr. Krause said that now the Board is coming back after two years and telling him to put in a sidewalk another 400' . Trustee Marienthal showed Mr. Krause where it said "new concrete walk to Crofton Lane 229 '". Mr. Krause said that property line is not in the correct place. Trustee Marienthal showed where it had been moved over, and had Mr. Krause's initial on it. Mr. Krause said that is not correct, because there is more property than what that shows. 5541 10/22/79 Trustee Hartstein stated that he sees no reason to belabor the point. He thinks the plan speaks for itself. He sees no reason to discuss this any further. Mr. Krause stated he wanted to come here and be represented by his attorney. Trustee O'Reilly asked if this affects the Datsun people. President Clayton said the sidewalk is on their engineering plan. Trustee Stone said that they did agree to install a sidewalk. Mr. Marder stated that it was with the understanding that the Board had determined that it was the Krause obligation to install the sidewalk. Trustee Stone asked Mr. Raysa if that would jeopardize that in any way. Mr. Raysa said that he had asked if everything was squared away on the sidewalk, and the answer was not to worry about the sidewalk. Trustee Stone said they thought they were. Mrs. Sheldon said the Plan Commission approved this based on the fact that there would be a sidewalk. President Clayton said the Village Board did also. Mrs. Sheldon said the Plan Commission had said they were not qualified to make the decision as to who put the sidewalk in. She said that was a decision that the Trustees would make, but their recommendation was based on the fact that they would conform with their normal procedure, which would be a sidewalk. Trustee Hartstein asked for a polling to clarify the position of the Board as to whether or not they are going to insist upon a sidewalk regardless of what the determination is as to the original plan , if there is any modification. Mr. Krause, of course, would be welcome to come before the Board again if he disagreed. Mr. Marder said that the ordinance does not require them to put a sidewalk on somebody else' s property, and if the Board requests that, it would be contrary to the ordinances of the Village. They have a sidewalk on their own property. President Clayton said the Board can require that in a rezoning, and the original Grand Spaulding was a rezoning. Mr. Marder said they can ask them to do anything, and use that as a means to accomplish this. Trustee Stone said that they did make a commitment this evening to install a sidewalk, and asked if they intend to abide by that commitment. Mr. Marder said yes, he made the commitment and he said, when Mr. Krause was not here that it was based on the fact that Trustee Marienthal and the Board had come to the conclusion that it was the obligation undertaken by Krause pursuant to the documents that the Board has before them to install a sidewalk. Mr. Krause subsequently arrived, and he did not have his attorney with him. Mr. Marder said they were here a week ago, and this matter was to have been ironed out in the middle of last week, and certainly by tonight, and they do not want any further matter prolonging this because they have to resolve everything this evening. Trustee Stone said they took a vote based on Mr. Marder's commitment, and that is why he wants to know if he is going to honor that commitment. 5542 10/22/79 Mr. Marder said the commitment was based on the Board's making a determination, and that was part of the minutes and part of the understanding. Trustee Hartstein asked, for the purpose of clarification, if the Board could get the opinion of the Village Attorney as to what can be proposed as a requirement for approval of this. In other words , can the Village require that this sidewalk be extended pursuant to this resubdivision plan to extend that sidewalk to Crofton Lane over property other than that which is owned by the petitioner? Mr. Raysa said, according to the ordinance, he would say "no". He knows of no ordinance in the Village that requires a sidewalk to be put on property that is the subject matter ,of, in this case, the rezoning. Trustee Hartstein said that, in other words, the only way that that could be required is if it was part of the original plan and, therefore, it was by ordinance previously required. President Clayton said it was previously required which was an exhibit to an ordinance. Mr. Marder said that if it was previously required pursuant to ordinance, and that is the Board 's pleasure, then they would do it. Trustee Hartstein asked for a recess so that the Village Attorney could review this. RECESS There was a recess from 8:55 P.M. to 9: 10 P.M. President Clayton said the minutes of the meeting when this property was rezoned were reviewed. Moved by O 'Reilly, seconded by Hartstein , that the Village not hold Buffalo Grove Datsun responsible for a sidewalk from their property east to Crofton Lane. Upon roll call , Trustees voted as follows: AYES : 5 - Marienthal , Stone, O'Reilly, Hartstein, Kavitt NAYES: 0 - None ABSENT: 1 - Gerschefske Motion declared carried. Trustee O' Reilly stated that she would also like to note for the record that , at budget time, the Village consider allocating money for a sidewalk to be installed. ADJOURNMENT Moved by Hartstein, seconded by O 'Reilly to adjourn the Special Meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9: 12 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS o52 [.4 DAY OF (-'7/2.7-0-e. 1979. Village President