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1977-10-03 - Village Board Regular Meeting - Minutes 5079 10/3/77 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, OCTOBER 3, 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. In the absence of the President, the Clerk called the meeting to order at 7:40 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: Trustees Rech, Bogart , Marienthal , Keister, Stone, Mendenhall President Fabish arrived at 7:43 P.M. 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. President Pro Tem Moved by Bogart, seconded by Marienthal to appoint Trustee Rech President Pro Tem in the absence of the President. Upon voice vote, the motion passed unanimously. Minutes of September 19, 1977 Moved by Mendenhall , seconded by Marienthal to approve the minutes of the regular meeting held September 19, 1977, as published. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall NAPES: 0 - None ABSTAIN : 1 - Stone Motion declared carried. President Fabish arrived at this time. Warrant #367 President Fabish presented Warrant #367, in the amount of $109,778.22. Moved by Rech, seconded by Mendenhall to approve Warrant #367. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. 1 . Village President 's Report Franklin Boulevard Hospital President Fabish reported that he attended the Suburban Health Systems Agency meeting, held on Thursday, September 29, 1977, to discuss the proposed 5080 10/3/77 Franklin Boulevard Hospital to be built in Wheeling. At the meeting, he reported that by a 4 - 2 polling of the Village Board, it was determined to oppose construction of the hospital. Testimony at the meeting was basically in opposition because there are enough existing hospital beds available to service the area, and the additional hospital would increase the cost of hospital care in the area. He said Franklin Boulevard representatives were not present. 2. Trustees ' Reports Route 53 and Dundee Road Trustee Mendenhall reported that construction work has begun on the access ramp at Route 53 and Dundee Road. Estimated completion date is November 15, 1977. 3. Village Manager's Re.ort Falcon Subdivision Mr. Balling stated that the Falcon Subdivision, approximately 90 acres located at the southwest corner of Arlington Heights Road and Nichols Road, was annexed pursuant to a preliminary plan. At the time of annexation, the Village secured proper rights-of-way to provide for the full improvement of Arlington Heights Road, which is a Cook County Highway Department project. He said that staff review of the preliminary plat found severe deficiencies in the amount of r.o.w. required in addition to that which is provided. The purpose for the additional r.o.w. is to accommodate the correction of the us-curve" between Beechwood and Bernard on Arlington Heights Road. For this reason the staff cannot recommend the Plan Commission to approve the preliminary plat. Jerry Falcon , developer, stated that complete engineering plans have been completed in accordance with the approved preliminary plan. He said that during a staff review, held in September, Cook County 's change in alignment of Arlington Heights Road was discovered. Except for this change, the engineering and plat were in total compliance and satisfaction of annexation and zoning as approved and Village ordinances. He said that Cook County's position is that the developer should work out the problem with Buffalo Grove. He requested the Board to consider eliminating the 40' dedication for the proposed extension for Kennicott Avenue on the west perimeter of the develop- ment so that the entire plan could be moved west to accommodate the Arlington Heights Road r.o.w. Mr. Balling displayed a survey plat depicting the r.o.w. needed for Arlington Heights Road. President Fabish noted that Arlington Heights opposes the loss of the 40 ' dedication because Kennicott is projected as part of their road network. In response to a question from Trustee Rech, Mr. Balling stated that on April 27, 1977, a copy of the Falcon site plan , showing a 50' dedication for Arlington Heights Road, was sent to the County with a request for comments. Response to the letter was a telephone call stating that 50' dedication was sufficient. He noted that a plan showing the us-curve" realignment was 5081 10/3/77 found in the engineering files; therefore, the Village was remiss by not translating the input from the County to cross-examining the plan. Trustee Rech suggested that the Village no longer accept verbal communications. Trustee Rech was concerned that Arlington Heights would have a problem in putting in Kennicott without the dedication because there are unstable soils in that area due to the landfill . Discussion took place with regard to alternative methods of solving the problem, but none were satisfactory. Moved by Marienthal , seconded by Keister to authorize shifting the develop- ment 40 ' west and forfeit the 40 ' r.o.w. dedication for Kennicott Avenue. Trustee Keister saw no reason for one half of the r.o.w. for Kennicott to be in Buffalo Grove. Trustee Rech felt that if Arlington Heights Road were closed, Kennicott would be needed. Mr. Balling did not feel that all the Arlington Heights Road would ever be closed once it is 4 lanes. Trustee Keister noted that Arlington Heights has advised that Kennicott extension may not be built until 1980 or later. Mr. McCoy felt that if one half of Kennicott is within Buffalo Grove's limits , Buffalo Grove would be expected to participate in the construction cost. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Mr. McCoy stated that the County would need a plat of dedication prior to November. President Fabish asked Mr. Falcon to provide this as soon as possible. 4. CONSENT AGENDA Ordinance #77-47 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-47, AN ORDINANCE VACATING BANBURY LANE IN CAMELOT SUBDIVISION UNIT #2. Upon roll call , the vote was: AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Ordinance #77-48 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-48, AN ORDINANCE LICENSING AND REGULATING THE INSTALLATION OF WATER SOFTENERS. Upon roll call , the vote was : AYES: 6 - Rech , Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 5082 10/3/77 Ordinance #77-49 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-49, AN ORDINANCE AMENDING THE 1975 BOCA CODE (6th Edition) . Upon roll call , the vote was: AYES: 6 - Rech, Bogart , Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Ordinance #77-50 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-50, AN ORDINANCE ADOPTING N. F.P.A. NUMBER 54-1969. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Ordinance #77-51 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-51 , AN ORDINANCE ADOPTING THE 1970 S.B.O.C. CODE BY REFERENCE. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Ordinance #77-52 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-52, AN ORDINANCE AMENDING ORDINANCE NO. 66-1 (Streets and Sidewalks) . Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Ordinance #77-56 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-56, AN ORDINANCE AMENDING THE ONE AND TWO FAMILY DWELLING CODE. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Ordinance #77-57 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-57, AN ORDINANCE AMENDING THE VEHICLE LICENSE ORDINANCE AS AMENDED. Upon roll call , the vote. P was: 5083 10/3/77 AYES: 6 - Rech , Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Highland Point Unit #1 Moved by Mendenhall , seconded by Stone to ratify the Appearance Control Commission recommendation and accept building plans No. 3600, 3610, 3310, and 3300 for Highland Point Unit #1 with the following stipulations : 1 . on all corner lots they submit at a later time an appropriate landscaping scheme in the dollar amount of $500.00; 2. on the model 3610 on the basic elevation they would add a half- porch, that would make it essentially different from elevation B; 3. all garages would be on the interior lot grade on a corner lot; 4. that we would accept the model with the 5th bedroom option as an additional house plan, in essence there would be five (5) building plans submitted for monotony purposes; 5. they would adhere to the monotony code which requires that the same basic elevation cannot be re-used until the 4th lot , the same elevation cannot be used across the street, but an alternate front elevation may be used within the 3rd lot or across the street. The same color may not be used on adjacent houses or across the street, except for white; 6. the color scheme selection as per Exhibit A attached and the materials as submitted according to the plan as shown here; 7. all chimney and roof flashing to be painted out the color of the roof shingles; 8. all fireplaces utilize real brick to match the front of the house or the brick would be as on the color package; 9. the developer will submit exterior lights and driveway materials. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 5. Ordinances, Resolutions and Proclamations Ordinances #77-53, #77-54, #77-55 Discussion took place regarding Ordinances #77-53, #77-54, and #77-55, ordinances regulating construction. It was noted that these ordinances would permit a homeowner to make improvements to his home using his own talents and skills, but the work must be in conformance with the local codes. 5084 it 10/3/77 Moved by Rech, seconded by Mendenhall to pass Ordinance #77-53► THE ELECTRICAL CODE OF THE VILLAGE OF BUFFALO GROVE; Ordinance #77-54, THE PLUMBING CODE OF THE VILLAGE OF BUFFALO GROVE; and Ordinance #77-55, THE MECHANICAL CODE OF THE VILLAGE OF BUFFALO GROVE. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Ordinance #77-46 Trustee Rech and Mr. Balling reviewed Ordinance #77-46, AN ORDINANCE PRO- VIDING FOR AM INSTALLMENT CONTRACT FOR THE PURCHASE OF IMPROVEMENTS TO THE BUFFALO GROVE MUNICIPAL BUILDING AND PUBLIC SERVICE CENTER, AND FOR A TAX LEVY AND COLLECTION. Moved by Rech, seconded by Mendenhall to pass Ordinance #77-46. Mr. Raysa noted that this ordinance and installment contracts are subject to an opinion letter from Chapman and Cutler. In response to a question from Trustee Rech, Mr. Raysa said that the installment contracts have to call for interest and payments in not less than 20 years. Mr. Raysa explained that the Village will enter into the installment contract with the contractor; the contractor will assign his interest in the contract to the Bank of Elk Grove who in turn takes title to all the improvements; and for that assignment, the Bank of Elk Grove pays through the Village, as an escrow agent, the specified amount. The Village acts as the escrow agent on partial payments to the contractor. He said that state law requires this type of arrangement. Trustee Mendenhall said the local paper was in error when they reported that this improvement would cost the taxpayer $8 per year. Mr. Balling stated that when the tax levy ordinance was passed, the rate was reduced to provide for this improvement. For this reason the net cost will be less than $2.00 over a 5 year period. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Resolution #77-45 Trustee Stone stated that Resolution #77-45, a resolution providing for the adoption of the Buffalo Grove water system connection policy, would prohibit water service outside the Village limits. He felt this resolution was requested based on the presumption that water service outside the Village 5085 10/3/77 might jeopardize the Lake Michigan water allocation. He said he received information that this might not be the case; therefore, he requested that this item be tabled until confirmation can be obtained from the Illinois Department of Transportation. Moved by Stone, seconded by Bogart to table consideration of Resolution #77-45. Upon roll call , the vote was: AYES: 4 - Rech, Bogart, Keister, Stone NAYES: 2 - Marienthal , Mendenhall Motion declared carried. 6. OLD BUSINESS 1977 Buffalo Grove Days Report Trustee Bogart reviewed his memo, dated September 28, 1977, regarding the financial statement for Buffalo Grove Days 1977 and recommendations for 1978. Moved by Marienthal , seconded by Mendenhall to accept the 1977 Buffalo Grove Days financial report as written. Upon roll call , the vote was: AYES : 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Moved by Bogart, seconded by Mendenhall to accept the Committee recommendation for the date of Buffalo Grove Days to be changed from the Labor Day weekend to the last week-end in July. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Trustee Bogart presented certificates of appreciation to the following people who performed outstanding service for Buffalo Grove Days 1977: Carol Hall , Ben McQueen, Jim Lindell , Bob Cole, Jim Hackbarth, Pat Shirley, and John Marienthal . President Fabish presented a certificate of appreciation to Bob Bogart. Moved by Marienthal , seconded by Mendenhall to budget $7,500 for Buffalo Grove Days 1978. Upon roll call , the vote was: AYES: 4 - Marienthal , Keister, Mendenhall , Fabish NAYES: 3 - Rech, Bogart, Stone Motion declared carried. 5086 10/3/77 Green Knolls Park Trustee Bogart opened the bid received to exchange the park site in the Camelot Subdivision for a site adjacent to the dedicated park site in the Green Knolls Subdivision. Trustee Bogart stated that representativesof the Green interest have reservations about fine grading and seeding the site because they feel Levitt, through the land donation requirements of the Camelot Subdivision, has some obligation to fine grade and seed at least the proportionate share of the Green park site which is attributable to the Camelot Subdivision. He then referred to the minutes of the June 6, 1977, meeting in which the developer agreed to do this. Mr. Green stated that he agreed to grade and seed the 8 acres only. Trustee Bogart stated that section G of Resolution #72-35 requires that the dedicated site must be suitable for its intended purpose and shall not differ greatly from surrounding land. David Addis, attorney representing Mr. Green, stated that the discussion and commitments made were to relate to the original park. He said in order to accommodate the wishes of the Village, Mr. Green agreed to enlarge the park site in his development via the exchange in land, but he did not feel he had to improve the additional acreage. He said that Green now has to provide for storm water retention that would have been provided on Lot 24 in Camelot if it had not been exchanged. Mr. Balling stated that the language in Resolution #72-35 is sufficient to provide for proper grading and seeding of park sites. He felt the obligation clearly exists. In response to a question from Trustee Marienthal , Harry Sleek of Levitt Land reviewed his letter, dated September 28, 1977. He said if the land exchange had not taken place, Levitt would have charged the 14 lot owners abutting the park a premium of approximately $1 ,500 and recovered a portion of the cost of improving the park site, but those benefits no longer exist. He said that Levitt designed Camelot to generate the additional dirt needed for the park site, but with the exchange in land, they had to stockpile the dirt on the Wagner parcel . Mr. Sleek said he did not object to the exchange in land, but he will object to spending additional money on a park not in his subdivision. Mr. Raysa referred to Paragraph 25 D. of the Green annexation agreement which recites that if the exchange in land fails, the developer shall have the right to reduce their park site by an area equal to Lot 24 in Cemelot and to redesign the area as single family lots meeting the R-5 zoning classif- i cat ion. Mr. Addis said Mr. Green has agreed to rough grade the entire site and to hydroseed the retention area, but he questioned the fine grading and seeding. He felt it was an imposition to require Green to improve the additional acreage. Discussion took place with regard to the Park District 's plan for this 17 acre park. It was felt that if a portion would be paved for parking and tennis courts , fine grading and seeding would not be necessary for those areas. It was also felt that the Park District wanted to maintain some of the area in a natural state. Trustee Bogart suggested that Mr. Green, Mr. 5087 10/3/77 Sleek, and Mr. Balling attend the Park District meeting on Thursday, October 6, 1977, to clarify the needs of the Park District. Mr. Sommer said the impasse is the fine grading and seeding of the additional 6 acres , and the Park District probably would not accept the property unless this were done. Mr. McCoy estimated the cost of this to be approximately $13,000. It was decided to take a recess to see if Mr. Green and Mr. Sleek could arrive at some compromise during that time. 9:50 P.M. - The President declared a recess. 10:05 P.M. - The meeting resumed. It was noted that the two developers were not able to solve the problem. Discussion took place regarding the Park District's plans for the area. President Fabish noted that if the park is not developed for several years, it should be fine graded and seeded for ease of maintenance and to provide a passive recreation area. Mr. Addis suggested a meeting with the Park District. Trustee Rech felt the Village should make this decision because it is the Village's responsibility. She felt that morally Levitt has a responsibility in this matter, but Green has a legal responsibility. Moved by Bogart, seconded by Mendenhall to table consideration of approving the bid for exchange in the land. Upon roll call , the vote was : AYES: 2 - Bogart, Mendenhall NAYES: 4 - Rech, Marienthal , Keister, Stone Motion defeated. After more discussion, Mr. Green agreed to do what has to be done; however, he wanted an opinion of exactly what should be done. He said that he would comply with the Village staff 's recommendation. He said if Levitt should decide to participate, he would appreciate it. Moved by Bogart, seconded by Rech to accept the bid from David Addis to exchange the park site in the Camelot Subdivision (Lot 24) for a site adjacent to the dedicated park site in the Green Knolls Subdivision, subject to receipt of a letter from Mr. Addis to Mr. Balling agreeing to fine grade and seed the property. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 1977 Remodeling Program Upon review, it was moved by Rech, seconded by Mendenhall to accept the staff recommendations for the 1977 remodeling of the Village Hall and Public Service Center, specifically 1 ) lending institution for the installment purchase be the Bank of Elk Grove, who was low bidder at 4. 75% interest, 5088 10/3/77 2) architectural supervision be by Knoeppel and Associates Ltd. , Option "B" in the amount of $7,900, 3) the capital remodeling budget authorization be in accordance with Exhibit B which is $308,632 along with the combined schedule and addition of $15,654 reserve fund, 4) accept Illinois Bell Telephone "Centrex System", and 5) accept the plan of action as filed in Mr. Balling's report, dated September 23, 1977. Upon roll call , the vote was : AYES: 5 - Rech, Bogart, Keister, Stone, Mendenhall NAYES: 1 - Marienthal Motion declared carried. Prudential/White Hen Plat of Subdivision Trustee Keister stated that on June 1 , 1977, the Plan Commission voted unanimously to recommend approval of the Prudential Realty's resubdivision final plat of survey. Trustee Keister said the attorney, representing the adjacent property owners, has met with the developer with the result being that most of their concerns have been resolved. The developer agreed to install along the lot line adjacent to the property owners a 6' wood stockade fence except in the area of the Early Learning Center where it will be 12' from the lot line. In addition, the developer will install a living fence inside the wood fence. The fence will be maintained by the developer. Mr. Olson, owner of the Early Learning Center, will maintain the area between the fence and lot line in his area, but a gate will be necessary. Moved by Keister, seconded by Mendenhall to approve the final plat of sub- division for the Prudential/White Hen development, located on the southeast corner of Arlington Heights Road and Route 83 subject to the provision for the 6' wood stockade fence along the south and east property lines with a 12 ' set back on lot 3. Upon roll call , the vote was: AYES: 6 - Rech , Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. Heritage Place Unit III Trustee Keister reviewed the final plat of subdivision for Heritage Place Unit III . On September 28, 1977, the Plan Commission voted by a vote of 4-2 to recommend approval of this final plat. Mr. Balling noted that the conditions set forth in Arnold Seaberg's engineering approval memo, dated February 11 , 1976, effect this unit of development also. He said approval of the plat should be subject to receipt and acceptance of restrictive covenants for the Homeowners Association commitment for the Village to maintain the drainage basin structure at the Homeowners Association 's expense if not performed by Homeowners Association. 5089 10/3/77 Mr. Balling said still to be resolved is satisfaction of the project improvement guarantees as required per Administrative Orders #2 and #7 and the Subdivision Regulations. During the first two phases of develop- ment, there was filed a project improvement guarantee agreement which set forth certa!n powers and options to be exercised by the Village Manager. Mr. Balling said that he and the Village Attorney do not recognize this agreement as satisfying the project improvement guarantees; therefore, he suggested a letter of credit or performance bond be required. After discussion, it was moved by Keister, seconded by Marienthal to approve the final plat of subdivision for Heritage Place Unit III subject to receipt of a letter of credit for 15% of the previously installed public improvements, the total improvements covered in Unit III , and public improvements not yet installed in Units I and II and subject to the con- ditions of record. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 7. NEW BUSINESS Highlands Subdivision Trustee Keister reviewed Mr. Balling's memo, dated September 29, 1977, regarding Charles Bencic's, engineer for Highland Grove, request to begin earth moving in Highland Grove Unit 2 and Highland Point Unit 2 and a small area just north of these units prior to engineering and final plat approval at the developer's risk. Mr. Bencic said that engineering plans for these units have been submitted, and he hoped consideration of final plat approval could be on the agenda the first week in November. Trustee Marienthal asked the developer to identify the hardship involved. Mr. Bencic said that if the earthwork is not done within the next few weeks, there will be little possibility of getting foundations in for winter projects. No foundations will be installed until final plat is approved. Mr. Balling read a letter, dated September 29, 1977, from Mr. Bencic agreeing to plant ground cover on all disturbed areas within the limits which are not constructed as anticipated. Moved by Keister, seconded by Mendenhall to grant a subdivision variance with regard to permitting grading of The Highland Subdivision at the developer's risk prior to final engineering approval subject to the letter of record from Mr. Bencic of Duco Engineering dated September 29, 1977. Upon roll call , the vote was: AYES: 4 - Bogart, Keister, Mendenhall , Fabish NAYES: 3 - Rech, Marienthal , Stone Motion declared carried. -- - ------- 5090 10/3/77 Winston Square Phase I Upon review, it was moved by Keister, seconded by Bogart to release Performance Bond #2226089 for Winston Square Phase I . Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 1977 Parkway Tree Replacement Program Trustee Stone stated that in the last few years the Village has fallen behind in the parkway tree replacement program. He said staff recommends the budget for the program be changed from $4,000 to $6,000. Trustee Rech stated there is a deficit in the Street and Bridge Fund. She did not feel this deficit should be increased for replacement of additional parkway trees. Moved by Mendenhall , seconded by Bogart to accept the staff recommendation to increase the 1977 parkway tree replacement program budget to $6,000. Upon roll call , the vote was : AYES: 4 - Bogart, Stone, Mendenhall , Fabish NAYES: 3 - Rech, Marienthal , Keister Motion declared carried. 8. Adjournment Moved by Mendenhall , seconded by Stone to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 11 :25 P.M. Respectfully submitted, Verna L. Clayton, Village Cl PASSED AND APPROVED this / / day of 0,0.7e014-,-.1 1977. 1 1(, //2 LiCZ%! ' Village resi ent 1