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1977-10-17 - Village Board Regular Meeting - Minutes 5091 10/17/77 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 17, 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. President Fabish arrived at this time. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Rech, Bogart, Marienthal , Keister, Stone, Mendenhall 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 October 3, 1977 Moved by Rech, seconded by Marienthal to approve the minutes of the regular meeting held October 3, 1977, as published. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 2. Warrant #368 President Fabish presented Warrant #368, in the amount of $351 ,209. 35. Moved by Stone, seconded by Rech to approve Warrant #368 with the following deletions: 1 . Under General Fund, General Government, to School District 21 for Buffalo Grove Days expenses - delete $160 making the expenditure $22. 2. Under General Fund, General Government, to Lorseys for Buffalo Grove Days expenses - delete $156.90 making the expenditure $28.59. Upon roll call , the vote was : AYES: 6 - Rech , Bogart , Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 3. President 's Report School District 214 President Fabish read a letter, dated September 28, 1977, from Richard Calisch, Festival Director of Arts Unlimited 214, requesting a $75.00 5092 10/17/77 donation for their arts festival which is sponsored by High School District 214. He noted that the Village cannot donate money to a civic organization, and that he will send a letter advising Mr. Calisch of this. Halloween President Fabish proclaimed October 31 , 1977, as Trick or Treat Night in Buffalo Grove. He requested activities be limited to the hours between mid- afternoon and 7:00 P.M. 4. Trustee Reports Arlington Heights Road at Aptakisic Road Trustee Mendenhall reported that at the Long Grove Village Board meeting, held Tuesday, October 11 , 1977, it was decided to close Arlington Heights Road at Aptakisic Road temporarily for a 60 day period. The barrier will be of a temporary nature so that emergency vehicles can gain entrance. Trustee Mendenhall had re-stated Buffalo Grove's opposition to closing the road because no study has been done to determine the impact on traffic. He also asked them to provide proper signage. He felt that a large number of residents will be inconvenienced for the convenience of eleven. President Fabish was disappointed that Long Grove had not listened to the arguments of Buffalo Grove, and closed the road before the completion of Lake- Cook Road. He felt that Lake-Cook Road will change the traffic pattern in this general area, and that presently Arlington Heights Road is experiencing an artificial impact. Trustee Mendenhall stated that two Buffalo Grove residents, whose property back up to Arlington Heights Road, were present to express favor of closing the road. No residents of Strathmore Grove were present to express opposition. In response to a question, Mr. Raysa stated that legally the Village cannot prevent the road closing, but a citizen 's class action suit could be filed. Mr. Balling said that Long Grove has requested permission to place a "NO OUTLET" sign in the r.o.w. at Thompson Boulevard and Arlington Heights Road; however, he felt the intersection of Route 83 and Arlington Heights Road would be a better location. He felt this signage would not be adequate because signal control and traffic lane control is necessary. The Board felt the signage request of Long Grove should be granted. Certificate of Commendation President Fabish presented a Certificate of Commendation to Officer Edward Szos in recognition of the excellent example of the discharge of his duty to protect life. Resolution #77-45 Trustee Stone stated that the Illinois Department of Transportation was unable to send a letter, regarding the effect that providing emergency water service outside the Village would have on Buffalo Grove's Lake Michigan water 5093 10/17/77 allocation, in time for this meeting; therefore, he requested Resolution #77-45 be left on table until the meeting of November 7, 1977. Trustee Mendenhall felt action should be taken on the resolution because the majority of trustees feel the Village should not provide water service outside the Village limits regardless of information in I .D.O.T. 's letter. Moved by Mendenhall , seconded by Marienthal to remove from table consideration of Resolution #77-45, a resolution providing for the adoption of the Buffalo Grove water system connection policy to prohibit water service outside the Village limits. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Keister, Mendenhall NAYES: 1 - Stone Motion declared carried. Moved by Mendenhall , seconded by Marienthal to pass Resolution #77-45. Trustee Stone stated that he would favor prohibiting water service outside the Village for regular service, but he was not opposed to supplying emergency water that might never be used. Discussion followed. Upon roll call , the vote was: AYES: 4 - Rech, Marienthal , Keister, Mendenhall NAYES: 2 - Bogart, Stone Motion declared carried. Buffalo Grove Days 1978 Moved by Bogart, seconded by Mendenhall to appoint Charles Bentley general chairman of Buffalo Grove Days 1978, with Richard Sheldon, Jim Lindell , Don Shipsen, Jim Shipsen, and Scott Polkow as sub-chairmen. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Grand Spaulding Park Site Trustee Marienthal asked if the Village had received the transcripts of the Grand Spaulding public hearing with regard to the park site. President Fabish stated that they were not ordered because they are too expensive. Trustee Rech requested a verbatim transcript of that portion of the meeting from the tapes. Ordinance #77-46 In response to a question from Trustee Rech, Mr. Raysa stated that a notice of correction of Ordinance #77-46 (providing for Village Hall/Public Service 5094 10/17/77 Center remodeling) was published because it was originally published in a format different from that which was passed. He said that he and Mr. Balling had had to make some changes, specifically, the total cost was originally stated as $293,000 which was incorrect because including interest, the total cost was $330,604. Another correction that had to be made was to change the collection year to the levy year. He said the 60 days will run from the date of the corrected publication. 5. Village Manager's Report Zoning Ordinance Mr. Balling requested clarification on a recommendation made by the Board a few weeks ago for the Plan Commission to hold a public hearing to expand the variation authority of the Zoning Board of Appeals to make that body the hearing body for Zoning Ordinance amendments relating to variations. The Board agreed that it was their intent to direct the Plan Commission to hold this hearing. Metropolitan Sanitary District Mr. Sommer reported that the M.S.D. has concluded their hearings on providing service outside their district. The Villages of Schaumburg and Tinley Park have petitioned the M.S. D. for service outside the area. The M.S. D. will consider these requests at their meeting to be held on Thursday, October 20, 1977. This decision will have an impact on Buffalo Grove. A report will be given at the next Board meeting regarding the outcome of the M.S.D. meeting. Lake-Cook Road Regarding the Lake-Cook Road reconstruction , Mr. McCoy reported that Timberhill and Weidner Roads were opened today. It is anticipated that the bridge on Buffalo Grove Road will be finished on Wednesday so that road may be opened. When Buffalo Grove Road is opened, Raupp Boulevard will be closed so that intersection may be finished. Heritage Place Mr. Balling requested clarification on the placement of parkway trees in Heritage Place. He said that subdivision was platted pursuant to zoning authority in the R-9 classification , and as such typical r.o.w. and parkways were not provided fully in all instances. In February of 1976, the Board approved placement of Village-owned parkway trees on private property which creates a maintenance and control problem for the Village. He requested that the parkway trees be installed in the parkway in Heritage Place where parkways are provided with the balance of the trees planted pursuant to the landscaping plan . In response to a question, Appearance Control Commissioner Don Hardt stated that the Commision, at the meeting of October 13, 1977, determined that they do not wish to review the matter since none of the present Commissioners were on the Commission when the landscape plan was approved. They wish to leave the matter to the discretion of the Village Board. Moved by Bogart, seconded by Mendenhall to authorize planting the parkway trees on the public property in the r.o.w. 5095 10/17/77 William Lyman of C. A. Hemphill and Associates stated that the same number of trees as indicated on the landscaping plan will be planted. The only change would be to place parkway trees in the parkway where possible. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. 6. Consent Agenda Ordinance #77-58 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-58, AN ORDINANCE ESTABLISHING FISCAL YEAR FOR BUFFALO GROVE GOLF COURSE. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Ordinance #77-59 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-59, AN ORDINANCE REPEALING ORDINANCE NO. 61-3 (Minors) . Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. CORRECTION *This ordinance was repealed because it was superceded by State Statutes. Ordinance #77-60 Moved by Mendenhall , seconded by Stone to pass Ordinance #77-60, AN ORDINANCE AMENDING ORDINANCE NO. 63-5 (Tobacco) . Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. CORRECTION *This ordinance was repealed because it was superceded by State Statutes. Ranch Mart Shopping Center Moved by Mendenhall , seconded by Stone to approve and accept for ownership and maintenance the rear service drive and storm sewer at the Ranch Mart Shopping Center. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAPES: 0 - None Motion declared carried. 5096 10/17/77 Moved by Mendenhall , seconded by Stone to approve and accept for ownership and maintenance the paving repair and sanitary sewer of the Ranch Mart Shopping Center addition. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 7. Ordinance, Resolution and Proclamations Ordinance #77-61 Trustee Bogart reviewed Ordinance #77-61 , AN ORDINANCE FOR THE CREATION OF A YOUTH COMMISSION. Moved by Bogart, seconded by Mendenhall to pass Ordinance #77-61 . After discussion , President Fabish polled the Board with regard to Section 6 of the ordinance (Quorum) . The poll found the following: MAJORITY OF ELEVEN: 0 - None MAJORITY OF THOSE HOLDING OFFICE : 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall Section 6 will be changed to read, "A majority of members holding office shall constitute a quorum". Mr. Raysa requested the following changes : 1) Section 1 - add "Said commission is an advisory body to the Village Board of Trustees." and 2) Section 10 - delete "and publication". Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Youth Center/Gasoline Island Canopy Trustee Rech reviewed a proposed ordinance providing for an installment contract for the construction of the Youth Center and gasoline island canopy and for a tax levy and collection. She stated that this ordinance cannot be acted upon this evening because the bid received for this project was double the amount appropriated. She said alternatives for financing this project will be discussed under old business on the agenda. Ordinance #77-62 Moved by Bogart, seconded by Marienthal to pass Ordinance #77-62, AN ORDINANCE 1 DIRECTING SALE OF REAL ESTATE (Green - Mueller) . 5097 10/17/77 Mr. Raysa stated that passage of this ordinance should be subject to receipt of a letter of intent from the developer with regard to fine grading and seeding the park site. Lengthy discussion took place with regard to areas of the park site that would require hydro-seeding, normal seeding, and fine grading. It was decided to take a recess during which time Mr. Balling would obtain the grading and seeding plan acceptable to the Park District. 9:10 P.M. - The President declared a recess. 9:25 P.M. - The meeting resumed. The Board reviewed a plan of the Green park site, prepared by Bob Cowhey and marked Exhibit C of the Buffalo Grove Park District meeting of October 13, 1977. The dark area of the plan , requires hydro-seeding and the light area requires normal seeding and fine grading. This plan would be easy for the Village to maintain until the property is accepted by the Park District. Mr. Green said his letter of intent is forthcoming. Park Commissioner Bill O'Reilly stated that this plan is essentially the same plan presented at the Park District meeting. Trustees Bogart and Marienthal amended the motion to be subject to receipt of letter of intent from Mr. Green referring to Exhibit C of the Buffalo Grove Park District meeting of October 13, 1977, prepared by Bob Cowhey. Upon roll call , the vote was : AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. Green Knolls South Unit and North Unit The Board reviewed a memo, dated October 13, 1977, from Mr. Balling regarding a request from the developer to mass grade the north and south units of Green Knolls subdivision prior to final plat approval . David Addis, attorney representing Raymond Green, stated that the final plat for unit 1 is before the Plan Commission for approval and the remaining area has been submitted to the Village's consulting engineer for review; therefore, it should be only a few weeks before the final plats are presented to the Village Board for approval . Moved by Keister, seconded by Mendenhall to grant a subdivision variance with regard to permitting grading of Green Knolls subdivision, north and south units, at the developer's risk prior to final engineering approval . Trustee Rech opposed the motion because it would subvert the Subdivision Regulations. 5098 10/17/77 Upon roll call , the vote was : AYES : 4 - Bogart, Keister, Stone, Mendenhall NAYES: 2 - Rech, Marienthal Motion declare-! carried. 8. OLD BUSINESS Industrial Commission Michael Kearns, Chairman of the Industrial Commission, stated that he feels the Commission is premature at this time because there is a lack of movement in the market for industrial development in Buffalo Grove. He indicated that there have been problems in achieving a quorum for their meetings and in re- cruiting new members for the Commission. Lengthy discussion followed with regard to the desirability of industrial development in Buffalo Grove and the need for being prepared in the case the Village is approached for an industrial development. Moved by Marienthal , seconded by Keister to keep the Industrial Commission intact and not make it an arm of any other commission or committee. It was felt that any commissioner who is not able to attend the meetings should submit a letter of resignation and new commissioners should be recruited. Ordinances and regulations should be reviewed and updated in preparation for industrial development. The Commission should also determine if the Village has anything to offer an industrial developer. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Keister, Stone NAYES : 1 - Mendenhall Motion declared carried. Golden Spoke Bicycle Shop Trustee Keister reviewed a memo, dated October 13, 1977, from Mr. Balling regarding a request from the Golden Spoke Bicycle Shop for an extension of their temporary use in a B-1 zoning district. He said that on April 7, 1975, the business was granted a temporary occupancy for a period of two years to allow the Plan Commission and the Village Board time to review the various commercial classifications. Since the study has not been completed, Mr. Balling requested an additional extension not to exceed two years. In response to questions, Mr. Fennell stated that the owner has given the Fire Prevention Bureau and Building Department appropriate drawings with regard to storage of materials which are acceptable. Moved by Keister, seconded by Rech to grant a temporary occupancy for a period of two years. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 5099 10/17/77 Moved by Rech, seconded by Keister to refer to the Plan Commission for public hearing consideration of including a bicycle shop use within the B-1 Zoning District. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 9. NEW BUSINESS Kingswood Methodist Church President Fabish reviewed a request of Kingswood Methodist Church to waive building permit fees in connection with their construction project. He noted that this has been done for other churches. Moved by Bogart , seconded by Marienthal to grant waiver of building fees only (approximately $1 ,500) for the Kingswood Methodist Church construction project. In response to a question, Mr. Balling stated that no commodities, materials, or contractural fees are involved, only review and inspection fees. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Keister, Stone NAYES: 0 - None ABSTAIN : 1 - Mendenhall Motion declared carried. Koenig and Strey Sign Appearance Control Commissioner Don Hardt reported that on September 29 , 1977, the Appearance Control Commission recommended that two business signs as requested by Koenig and Strey not be approved nor should two pylon signs on the same zoned lot be approved per Ordinance #62-23. Notwithstanding any other action that the Village Board might take, it is the recommendation of the Appearance Control Commission not to allow more than one business establishment sign nor two ground signs per zoned lot and to allow only one business establishment sign per permit. Mr. Raysa stated that the Sign Ordinance provides for no variance procedure. Tom Strey of Koenig and Strey stated that the frontage of this property (Country Court located on Dundee Road) is 250' and the two pylon signs would be 169 ' apart. He noted that Village Plaza (Lieberman) , Grove Court (True Value) , and Plaza Verde have more than one pylon sign. Trustee Marienthal stated that True Value is a separate lot from the rest of Grove Court which is the reason the two signs were permitted in that area. Trustee Bogart stated that in 1975, the Board granted Mr. Lieberman permission for two signs. Trustee Marienthal pointed out that JoJo's Restaurant and Burger King have separate signs from Plaza Verde because they are separate lots. Commissioner Hardt 5100 10/17/77 said the commission feels that the ordinance should be followed (one sign per establishment) or no more than one pylon sign per zoned lot which has been the precedent set in the past. Tom Koenig of Koenig and Strey pointed out that a Federal Sign representative asked the Village staff about sign requirements and was told that two signs would be permitted on this size parcel . On the basis of that answer, they proceeded to have the signs made. A representative of Federal Sign stated that the Sign Ordinance is not clear. He said it states that one parcel is permitted one sign permit. He said many villages permit more than one sign on one permit. He said staff advised him that two signs would be permitted up to a specific amount of square footage, which is the reason Mr. Strey separated the square footage to come up with two small signs rather than one large sign. Commissioner Hardt stated that the commission asked Mr. Strey if he would consider changing the signs to incorporate into one large sign. Mr. Strey stated that the sign was already made at that time. It was noted that the Appearance Control Commission and Zoning Board of Appeals are reviewing the Sign Ordinance and will recommend amendments . Mr. Strey said this pylon sign is needed because the sign on their building, which is part of the sign package for the shopping center, does not face Dundee Road, and because they are set back from Poppin Fresh, their office will not be seen without a pylon sign. President Fabish and Trustee Bogart noted that legally, the Village cannot grant permission for the two pylon signs. The ordinance would have to be changed in order to do this. Moved by Rech, seconded by Stone to uphold the Appearance Control Commission 's recommendation to not approve two signs for Koenig and Strey. Mr. Strey stated that his business cannot operate in Buffalo Grove without identification. He said he would have to seek relief. Upon roll call , the vote was : AYES: 5 - Rech , Marienthal , Keister, Stone, Mendenhall NAPES: 1 - Bogart Motion declared carried. Mr. Strey stated that this decision has left him no alternative but to take legal action. Trustee Keister requested a report regarding the number of signs at the various shopping centers. Trustee Rech pointed out that previously the Board had not been advised that the ordinance could not be varied. 5101 10/17/77 Anden Corporation Property Trustee Marienthal reviewed the rezoning application and change in plan request from Anden Corporation for property (49.6 acres) located east of Horatio Boulevard and south of Pauline Avenue. He said the property is presently zoned R-9, and the request is to zone R-5. Jerry DeGrazia of Anden Corporation reviewed a concept plan, dated October 12, 1977, containing 177 lots for single family detached units. There will be 8 models with each having 3 different elevations. Trustee Marienthal stated that a change in plan requires an amendment to the annexation agreement. He felt that along with the change in plan, the fee structure contained in the annexation agreement should also be changed. Mr. DeGrazia said he would be willing to negotiate new fee structures. He said he would be willing to meet requirements of all existing ordinances of the Village. Moved by Marienthal , seconded by Mendenhall to refer to the Plan Commission for public hearing Anden 's rezoning and change in plan request. Trustee Keister noted that this property abuts property zoned for industrial , and was concerned about placing single family homes next to it. Discussion followed. Upon roll call , the vote was: AYES: 5 - Rech, Bogart, Marienthal , Stone, Mendenhall NAPES: 1 - Keister Motion declared carried. Because the time was after 11 :00 P.M. , a motion was required to determine if the Board wished to consider another agenda item. Moved by Mendenhall , seconded by Keister to continue the meeting. Upon voice vote, the motion passed unanimously. Youth Center and Gasoline Island Canopy The Board reviewed a report, dated October 17, 1977, from Mr. Fennell with regard to construction of the Youth Center and the gasoline island canopy. One bid was received from Aspen Enterprises Incorporated of Morton Grove. Their bid was as follows: Bid #1 - $54,277 (shell of the building only) Bid #2 - $13,916 (addition for completion of the building) Bid #3 - $ 8,333 (gasoline island canopy) Since this bid was in excess of the anticipated amount , it was moved by Marienthal , seconded by Mendenhall to reject the bid. Upon roll call , the vote was: AYES: 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall NAYES: 0 - None Motion declared carried. 5102 10/17/77 Mr. Balling reviewed his report , dated October 17, 1977, outlining an alternative plan of action for construction and financing of the Youth Center and canopy. He recommended negotiating a bid with a local contractor, modifying the specification, and providing for immediate commencement of construction to insure completion prior to winter. Lengthy discussion took place with regard to 1) not increasing the amount authorized for construction of the Youth Center, 2) the possibility of using the farm house at The Crossings for this purpose, 3) if youth from other communities should be able to use the center, 4) if funds should be solicited from other communities, 5) concern that the estimated figures were so far off, 6) the unavailability of Park District or school district buildings, and 7) if a Youth Center should be considered a Park District function. President Fabish polled the Board, "Yes" indicating favor of the staff negotiating a proposal with a local contractor for construction of the Youth Center, and "No" indicating opposition. The poll found the following: YES: 2 - Bogart, Marienthal NO: 4 - Rech, Keister, Stone, Mendenhall President Fabish polled the Board, "Yes" indicating favor of the staff inspecting the farm house at The Crossings to determine the feasibility of using it for a Youth Center, and "No" indicating opposition. The poll found the following: YES: 5 - Rech, Bogart, Keister, Stone, Mendenhall NO: 1 - Marienthal President Fabish polled the Board, "Yes" indicating favor of soliciting funds outside Buffalo Grove, and "No" indicating opposition. The poll found the following: YES: 4 - Bogart , Marienthal , Stone, Mendenhall NO: 2 - Rech, Keister Route 53 Extension Trustee Mendenhall reported there is a possibility that part of the Stielow farm, which is being considered for acquisition by the Lake County Forest Preserve District, may be needed for Route 53 extension. He said if the property is acquired, Route 53 extension may be blocked forever. He requested the Board to think in terms of whether they want Route 53 to be extended. The hearing will be on November 5, 1977. Trustee Rech felt that Route 53 extension should be shifted west because of the environmental impact on the Long Grove marsh. 10. Adjournment Moved by Rech, seconded by Mendenhall to adjourn the meeting. Upon voice 5103 10/17/77 vote, the motion passed unanimously. Time: 12: 10 A.M. Respectfully submitted, Verna L. Clayton , Village Clerk-- PASSED AND APPROVED this day of , 1977. riZtyri,.ef (.7 / Village President