1977-09-19 - Village Board Regular Meeting - Minutes 5067
9/19/77
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD
MONDAY, SEPTEMBER 19, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS.
President Fabish called the meeting to order at 7:35 P.M. Those present
stood and pledged allegiance to the Flag. The Clerk called the roll and
found the following:
PRESENT: President Fabish; Trustees Rech, Bogart, Marienthal , Keister,
Mendenhall
ABSENT: Trustee Stone
Also present were William Balling, Village Manager; William Raysa, Village
Attorney; Charles McCoy, Director of Public Works and Acting Village Engineer;
Thomas Fennell , Director of Planning and Development; and William Sommer,
Administrative Assistant.
1 . Minutes of August 29, 1977
Moved by Marienthal , seconded by Mendenhall to approve the minutes of the
special meeting held August 29, 1977. The second sentence of the first
paragraph on page 5062 was deleted. Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried with correction noted.
2. Warrant #366
President Fabish presented Warrant #366, in the amount of $314, 121 . 11 .
Moved by Bogart, seconded by Rech to approve Warrant #366. Several items
were questioned but no changes made. Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
3. President 's Report
Certificate of Commendation/Burnetti
President Fabish announced that George Burnetti resigned from the Fire and
Police Commission because he has moved from Buffalo Grove. He then read a
Certificate of Appreciation and requested that it be mailed to Mr. Burnetti .
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Buffalo Grove Days Grand Marshal
President Fabish displayed a plaque which is to be presented to Ken Witcher,
Buffalo Grove Days Grand Marshal , in appreciation for his service to the
Village. Since Mr. Witcher was not present, he asked Trustee Bogart to
present the plaque to Mr. Witcher at a later time.
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Arlington Heights Road at Aptakisic
President Fabish referred to a recent article which appeared in the Buffalo
Grove Herald. Cal Doughty, Village Administrator of Long Grove, was quoted
as saying that closing of Arlington Heights Road at Aptakisic was caused by
poor planning on the part of Buffalo Grove. President Fabish disagreed with
the statement and felt that Mr. Doughty did not have enough background
information to know the cause.
Buffalo Grove Herald Reporter
President Fabish reported that John Frank, Herald reporter, has accepted
another position with Paddock Publications and will no longer be covering
Village news. He wished him well in his new position.
4. Reports from Trustees
Youth Center
Trustee Bogart announced a meeting of the Youth Center Citizens Committee
to be held on Tuesday, September 20, 1977, at 7:30 P.M. , in the Public
Service Center.
Trustee Bogart announced a meeting of the Youth Center/Omni House Committee
to be held on Tuesday, September 27, 1977, at 8:00 P.M. , in the Village Hall
Lake CountyDepartment of Planningand Zoning
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Trustee Rech reported that she and Mr. Balling attended a meeting of the
Lake County Department of Planning and Zoning to discuss procedures of
reviewing plats of subdivision. She said that new legislation removed
the requirement of submitting municipal plats of subdivision to the county
for approval . She said Buffalo Grove's procedure will still include County
review because it is beneficial ; however, if the new legislation had not
been passed, the Highland Point plat would have had difficulty in being
approved.
Mr. Balling stated that this legislation makes the municipality its own
plats officer. A report is forthcoming recommending implementation.
Route 53 and Dundee Road
Trustee Mendenhall reported that Milburn Brothers was the low bidder on the
Route 53/Dundee Road improvement, and the contract should be awarded within
the week.
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5. Village Manager's Report
Mr. Balling reviewed the Summary of Administrative Activities for the
month of August, 1977.
Lake Michigan Water
Mr. Balling reported that Keifer and Associates ' supplemental report regard-
ing recommended routing of Lake Michigan water to north Cook and DuPage
County municipalities drops the alternative for the South Lake system
(similar to the Village's proposed route to Highland Park) . N. I .P. C. will
hold a public review of this report in October and a public hearing in
November. He said the staff will analyze the report and submit a position
paper to the Board for their consideration in October. He felt it is
important to maintain this route on the regional plan.
6. Questions from the Audience
Strathmore Grove
Joel Harrison stated that he represents six families who will be moving
into Strathmore Grove. He said they are experiencing 120 day delays in
delivery of their new homes, and asked the Board to consider taking some
action (delaying building permits to Levitt) in order to encourage them
to step up delivery. He said Levitt has advised them that delay was
caused by a shortage of insulation, but their investigation has found
insulation available from a number of sources at a premium price.
Trustee Bogart stated that he wrote to Harry Sleek, Vice President of
Levitt Land, on September 12, 1977, regarding this matter. He read Mr.
Sleek's reply stating that they notified prospective home buyers of the
problem and that they have been able to obtain enough insulation for 25
homes per week. In addition , Mr. Sleek had indicated that their sales
department are promising May delivery.
President Fabish said that the Village Attorney has advised that unless
there are code violations , this is a dispute between the builder and
purchasers , and the Village should not become involved legally. He
requested Mr. Balling to contact Levitt to discuss the matter.
Arlington Heights Road at Aptakisic Road
Sherwin Rosenfeld, President of the Strathmore Grove Homeowners Association,
stated that the Board of Directors of the association directed him to suggest
to the Village Board that they convince Long Grove to not precipitously pass
an ordinance to close Arlington Heights Road at Aptakisic Road without making
V provisions for health, safety, welfare, and convenience of the community in
general . They were concerned that if Route 83 becomes blocked, there would
be no way for emergency vehicles to get to their subdivision. They were
also concerned that Thompson Boulevard would become a turn-around; therefore,
they felt left-turn signals should be installed at Route 83. They also
suggested that the road could be improved so that it could handle the traffic.
He requested the Village to present these concerns to the Village of Long
Grove. Discussion followed.
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9/19/77
Mr. Raysa stated that if the road is dedicated to Long Grove, they may vacate
the road in the public interest, and relief of maintenance is considered in
the public interest. He said that if Long Grove closes the road without
other viable means of ingress and egress, a class action suit could be filed.
After discussion , Mr. Balling was asked to draft a letter capturing the
thoughts summarized in the minutes of the workshop meeting of September 12,
1977, to be presented at the Long Grove Village Board meeting.
7. Consent Agenda
Ordinance #77-45
Moved by Mendenhall , seconded by Keister to pass Ordinance #77-45, AN
ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF BUFFALO GROVE. Upon roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Resolution #77-42
Moved by Mendenhall , seconded by Keister to pass Resolution #77-42, a
resolution authorizing the President and Clerk to execute a contract for
regulation of traffic at Buffalo Grove High School . Upon roll call , the
vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Resolution #77-43
Moved by Mendenhall , seconded by Keister to pass Resolution #77-43, A
RESOLUTION APPROVING CONVEYANCE OF REAL PROPERTY TO ELEMENTARY SCHOOL
DISTRICT #96 (Lots 18 - 22 of Camelot Unit 2 Block 8) . Upon roll call ,
the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
1977 Sidewalk Replacement Program Addition
Moved by Mendenhall , seconded by Keister to accept the proposal from
Schroeder and Schroeder of Mount Prospect for the 1977 sidewalk replace-
ment program addition for a total cost not to exceed $10, 135.20, and
authorize execution of the contract.
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9/19/77
Upon roll call, the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Zoning Ordinance Amendment
Moved by Mendenhall , seconded by Keister to refer to the Zoning Board of
Appeals and Plan Commission for public hearing the request of Michael Klees
to amend Section 2 of Article VII of the Zoning Ordinance (Accessory
Building) . Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES : 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Schwaben Verein
Moved by Mendenhall , seconded by Keister to refer to the Zoning Board of
Appeals for public hearing the special use request of Schwaben Verein for
property located along Weiland Road approximately 600 feet south of Pauline
Avenue. Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES : 0 - None
ABSENT: 1 - Stone
Motion declared carried.
Youth Center Working Drawings
Moved by Mendenhall , seconded by Keister to retain services of Thomas
Fennell Jr. for development of working drawings for the Youth Center. Upon
roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
8. Resolution #77-44
Upon review, it was moved by Mendenhall , seconded by Marienthal to pass
Resolution #77-44, a resolution in opposition to the proposed rezoning
application for the Celia Koch property (73 acres located on the north
side of Lake Cook Road between Route 83 and Weiland Road) filed with the
County of Lake.
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9/19/77
Trustee Rech asked Mr. Raysa to file a legal opinion regarding the Village's
position in blocking this type of request.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
9. OLD BUSINESS
Steak and Shake
Sherwin Rosenfeld, Acting Chairman of the Appearance Control Commission,
stated that the Commission did not approve the architectural plans for the
Steak and Shake (southwest corner of Dundee and Buffalo Grove Roads) because
the court order solution to the problem did not give the Commission the
opportunity of comment on the aesthetic merits of the building. The
Commission did approve the landscape plan with the following stipulations:
1) parking lot curbing include bumper stops in the north parking bays (1 per
bay), 2) some type of low growing evergreen planting be placed near the curb
at the water retention basin, and 3) the Board of Trustees approve this
plan with the exception of the treatment of the dumpster area and the area
lighting with the stipulation that if the Appearance Control Commission
approves the treatment of the dumpster area and lighting; Steak and Shake
does not have to return to the Board.
Mr. Fennell reviewed his report, dated September 15, 1977, and stated that
the site plan is in conformance with the Court Order exhibits with the
exception that black-glazed brick must be used instead of white-glazed.
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He recommended approval subject to this change.
Arthur Sheridan , President of Dominion Development Company, stated that
the plans presented to the Appearance Control Commission were a set of
stock plans showing white-glazed brick. He said they do not intend to
use the white-glazed; therefore, changed the plans to read "black-glazed".
Mr. Rosenfeld stated that the court order exhibit shows 3 signs for Steak
and Shake, but the order states the development must conform to all the
existing ordinances of the Village. He noted that the Sign Ordinance
states that any business is entitled to 1 sign only. Mr. Fennell stated
that the court order negates that section of the ordinance via the exhibit.
Mr. Raysa stated that the Village must comply with the court order.
Moved by Bogart, seconded by Mendenhall to approve the landscaping plan
of Steak and Shake as agreed to by the Appearance Control Commission and
to approve the architectural plans in accordance with the court order.
Upon roll call , the vote was :
AYES: 4 - Bogart, Marienthal , Keister, Mendenhall
NAYES: 1 - Rech
ABSENT: 1 - Stone
Motion declared carried.
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9/19/77
Bicycle Shop
Sherwin Rosenfeld, Acting Chairman of the Appearance Control Commission ,
reported that the Commission made a motion to approve the landscaping and
site plans for Al 's Cycle Shop subject to stipulations that would bring
them into compliance with the Court Order. The motion was defeated because
the court order did not give the Commission the opportunity of comment on
the aesthetic merits.
Mr. Fennell reviewed his memo, dated September 14, 1977, in which he pointed
out changes that should be made to the site plan, architectural plan, and
landscape plan to bring them into conformance with the court order. He
said that Al Foss, developer, has proposed to stop the mansard roof at the
window instead of carrying it all the way across the facade as shown on
the court exhibit. The Appearance Control Commission felt it should be a
full mansard, but Mr. Fennell had no opinion on the matter and felt the
Board should make that decision.
Mr. Foss explained that he wanted to shorten the mansard roof in order to
install some plantings. He felt it would be impossible to have effectual
plantings with a full mansard. He felt his proposal would be more attractive
than the court order exhibit. Regarding the landscape plan, Mr. Foss said
they would comply with the stipulations of the Commission with the exception
that he would like to sod the berm.
Moved by Bogart to approve 2k" trees in the parkway, sodding of the berm,
and approve the design as submitted by the developer. Motion died due to
lack of a second.
Moved by Bogart, seconded by Mendenhall to approve the landscaping and site
plan for Al 's Cycle Shop in accordance with the Appearance Control Commission 's
motion and the court order, with the exception that there would be 21" caliper
parkway trees and the berm would be sodded.
In response to a question from Trustee Bogart, Mr. Foss said that he would
install low plantings under the mansard. It was noted that final approval
of the sign is still needed.
Upon roll call , the vote was :
AYES: 5 - Rech , Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: I - Stone
Motion declared carried.
Oak Creek Condominiums Phase II
Ken Rodeck of Gregg Builders displayed the overall master plan for the Oak
Creek property, and explained that the portion under consideration this •
evening is south of Oak Creek Drive and north of the Ranch Mart Shopping
Center. The 2 buildings will be 4 stories high with underground parking.
He noted that the plans were approved by the Plan Commission and the
Appearance Control Commission.
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9/19/77
Carl Genrich, Chairman of the Plan Commission, reported that the Commission
wanted the kiosk and external recreation area to be shown on the revised
final plan, and wanted the Appearance Control Commission to be alerted that
they should be shown on the landscape plan also. Sherwin Rosenfeld, Acting
Chairman of the Appearance Control Commission , stated that they are on the
landscape plan.
In response to a question from Trustee Rech, Mr. McCoy stated that the
retention basin will have 4.93 acre feet of storage. Mr. Rodeck stated
i./ that slope of the basin varies between 3 to 1 and 5 to 1 ; but, on the
shopping center side, the slopes are somewhat steeper.
In response to a question from Trustee Rech, Mr. Rodeck stated that the
buildings will be 42 ' high , and the parking will be 75% below normal grade.
Moved by Keister, seconded by Marienthal to approve Gregg Builders Plat
of Survey for Phase II of the Oak Creek Condominiums.
Trustee Rech was concerned that access provisions for a fire truck were
not included for the interior sides of the buildings. She would have
preferred to have had written comments from Chief Winter regarding this.
Discussion followed.
Richard Heinrich, Chairman of the Zoning Board of Appeals, stated that the
Zoning Ordioance states that a building may be 45' or 4 stories whichever
is lower. He said the ordinance also states that anything below grade more
than 1 a story is considered a full story. For these reasons he did not
feel the buildings meet the requirements. Mr. Rodeck stated that their PUD
Ordinance for this property states that they shall comply with the Zoning
Ordinance in effect at that time. After discussion , it was decided to take
a recess during which time records would be researched to determine the
date of the Oak Creek PUD Ordinance and the date of the amendments to the
Zoning Ordinance referred to by Mr. Heinrich.
9 :35 P.M. - The President declared a recess
9:40 P.M. - The meeting resumed.
Mr. Balling stated that records reveal that the Oak Creek PUD Ordinance
was passed in 1971 and the amendments to the Zoning Ordinance were passed
in 1973; therefore, this development is not bound by the 45' or 4 stories
whichever is greater requirement.
Regarding concern for fire truck access, Mr. Rodeck said that he would be
willing to pave a strip from the shopping center parking lot to provide
access. Trustee Mendenhall felt that this decision should be made by Fire
Chief Winter. Mr. Fennell stated that the Fire Prevention Bureau reviewed
the plans and did not express concern about access .
Trustee Keister stated that he did not want to amend his motion because
emergency vehicle access would not change the plat. But, he did request
the staff to obtain a written statement from the Fire Chief and the Fire
Prevention Bureau regarding this matter. He felt that since the developer
is on record indicating that he is amenable to providing access from the
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9/19/77
shopping center, he felt any problems can be worked out. He requested
the staff to report to the Board.
Upon roll call , the vote was:
AYES: 4 - Rech, Marienthal , Keister, Mendenhall
NAYES: 1 - Bogart
ABSENT: 1 - Stone
Motion declared carried.
Kennedy/Kloman Sanitary Sewer
Mr. Balling reviewed his report, dated September 15, 1977, regarding the
request of the owners of the Kennedy/Kloman property (northwest corner of
Arlington Heights and Checker Roads in Long Grove) to connect to the village
owned sanitary sewer along Arlington Heights Road which services The Crossings.
Estimated cost to the Village for this connection was $17,000 and estimated
amount of recapture to Otis (who constructed the sewer) was $4,855.
Moved by Mendenhall , seconded by Rech to grant permission to The Kennedy
Company to connect its proposed 8" sanitary sewer main to the existing 10"
sanitary sewer main owned and operated by the Village of Buffalo Grove at
its terminus in Arlington Heights Road in the vicinity of the Baptist Church
property and north of the Kloman property, subject to the following conditions:
1 . The proposed 8" sanitary sewer main shall be limited to serving
the 76 acre Kloman property, shall be constructed at no cost to
the Village and shall be dedicated to and operated by the County
of Lake pursuant to the Agreement for Sewage Disposal between the
Village of Long Grove and the County of Lake.
2. The Kennedy Company shall pay to the Village, the sum of $21 ,855
as a connection fee. The requisite portion shall be applied to
the payment in full of the amounts due under the (Otis) Recapture
Ordinance and the balance shall comprise payment and reimbursement
in full of all engineering, legal and administrative expense
incurred by the Village and all contributions , fees or charges for
the operation, maintenance, repair and replacement of said 10"
sanitary sewer main with respect to the Kloman property.
3. All of the foregoing, together with other appropriate and
consistent provisions as the Village Attorney shall direct, shall
be incorporated in a formal agreement between the Village and The
Kennedy Company.
During the discussion that followed, it was noted that restriction of c. f.s. ,
treatment charge billing, and number of units, among other things, will be
included in the formal agreement.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
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Mr. Raysa stated that he would like to have a letter from Long Grove stating
that they approve of this connection.
Lake County Housing Plan
Carl Genrich, Chairman of the Plan Commission, reviewed the Plan Commission 's
recommended statement with regard to the Lake County Housing Plan. Said
statement is dated September 14, 1977, and marked "Corrected Copy Per Carl
Genrich". The statement supported the goal of insuring reasonably priced
housing, but reserved the Village's local powers.
Moved by Bogart , seconded by Mendenhall to adopt the Plan Commission 's
recommended statement and submit it to Lake County as Buffalo Grove's
official position on the proposed Lake County Housing Plan. Upon roll
call , the vote was :
AYES : 5 - Rech , Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
10. NEW BUSINESS
Taggart/Holzrichter Property
Trustee Marienthal reviewed with the Board the petition for annexation and
R-9 zoning for approximately 5 acres located on the north side of Dundee
Road, 25' east of the Arlington Country Club 's parking lot. Petitioners
are Edward L. Holzrichter as applicant and Daniel Taggart as owner.
Mr. Holzrichter reviewed a sketch of his proposed plan. He proposed to
construct two 54 unit buildings , each building to contain 36 two bedroom
units and 18 one bedroom units.
In response to a question from President Fabish, Mr. Holzrichter said that
the side yards would be 40' .
Trustee Mendenhall stated that the Comprehensive Plan calls for a vista so
that the golf course would be visable from Dundee Road.
Trustee Rech stated that she would have preferred to have received a
proposal for the entire Taggart property so that it would not have to be
developed in small segments. Discussion took place regarding the possibility
of making annexation of the entire parcel within the next 10 years as one of
the requirements for annexation of this smaller parcel .
Moved by Marienthal , seconded by Keister to refer to the Plan Commission for
public hearing the petition for annexation and zoning for the Taggart/Holz-
richter property, subject to some legal corrections on the petition. Upon
roll call , the vote was:
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAYES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
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9/19/77
IDOT Road Closing/Short Aptakisic Road
Mr. Balling reviewed his memo, dated September 15, 1977, suggesting that
if the Village does not object to the Illinois Department of Transportation's
petition to close short Aptakisic Road between Buffalo Grove Road and Route
83, it should be noted that the road is fully in Wheeling and request IDOT
to contact adjacent property owners and the Village of Wheeling to obtain
their acceptance.
Moved by Mendenhall , seconded by Marienthal to accept the change proposed
by the Illinois Department of Transportation (close short Aptakisic Road)
in accordance with Mr. Balling's recommendation, dated September 15, 1977.
Trustee Rech opposed the road closing because it is one of the main access
routes for people to leave the Village and the Village of Wheeling will find
it awkward to maintain the road. She said she would favor it if the other
access road was constructed.
Upon roll call, the vote was:
AYES: 4 - Marienthal , Keister, Mendenhall , Fabish
NAYES: 2 - Rech, Bogart
ABSENT: 1 - Stone
Motion declared carried.
Water Service Outside Corporate Limits
Mr. Balling reviewed his memo, dated September 15, 1977, regarding requests
for water service outside the corporate limits. He noted that the request
from Lake County Public Works Department was for domestic water, and the
request from Temple Chai was for emergency fire hydrant service.
Moved by Mendenhall , seconded by Marienthal to direct the Village Attorney
to prepare a Resolution stating that the Village will not provide water
service outside the corporate limits except for emergency reciprocal agree-
ments with other municipalities.
Mr. Raysa referred to the Rules and Regulations for Allocation of Lake
Michigan Water, and said that once the Village gives up any of its water,
there will be a problem with the allocation.
Rabbi Floyd Herman of Temple Chai presented a letter requesting permission
to connect <a fire hydrant to Village water lines for their property located
'\"/ on Checker Road west of Arlington Heights Road in Long Grove. He said they
are making this request in order to obtain reduced insurance rates.
Mr. Raysa explained that if this is done, the Village's Lake Michigan water
allocation would be jeopardized and it would be difficult legally to turn
the water off once the connection was made.
Trustee Rech stated that it has been brought to her attention that Aptakisic
School has an inadequate water supply and would like to connect to Buffalo
Grove's water system. It was decided that no action should be taken until
a formal request is received.
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9/19/77
After lengthy discussion, it was decided that even though it is difficult
to turn down schools, churches, and temples, the Village cannot jeopardize
its Lake Michigan Water allocation.
Upon roll call , the vote was :
AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall
NAPES: 0 - None
ABSENT: 1 - Stone
Motion declared carried.
11 . Adjournment
Moved by Marienthal , seconded by Mendenhall to adjourn the meeting. Upon
voice vote, the motion passed unanimously.
Time: 10:55 P.M.
Respectfully submitted,
,e71)77/.._.___
Verna L. Clayton, Village C1
PASSED AND APPROVED this day of , 1977.
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Village President