1976-02-16 - Village Board Regular Meeting - Minutes 4484
2/16/76
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,
FEBRUARY 16, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Fabish called the meeting to order at 8:05 P.M. Those present
stood and pledged allegiance to the Flag. The Clerk called the roll and
found the following:
PRESENT: President Fabish; Trustees Mahoney, Rech, Bogart, Carroll , Marienthal
Trustee Driscoll arrived at 8:20 P.M.
Also present were Daniel Larson , Village Manager; Richard Raysa, Village
Attorney; James Shirley, Village Treasurer; Arnold Seaberg, Village Engineer;
Charles McCoy, Director of Public Works; Richard Glueckert , Finance Director;
and William Whited, Administrative Assistant.
1 . Minutes of February 9, 1976 0
Moved by Bogart, seconded by Carroll to approve the minutes of the regular
meeting held February 9, 1976, as published.
The following additions were made:
1 . Page 4476 - bottom of the page - "President Pro Tem Mahoney was unable to
proceed with certain agenda items because of lack of quorum."
2. Page 4480 - paragraph 3 - "Mr. Seaberg felt that some work should have
been done."
Upon roll call , the vote was:
AYES : 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried with additions noted.
2. Warrant #330
Treasurer Shirley presented Warrant #330, in the amount of $186,210. 84.
Moved by Marienthal , seconded by Rech to approve Warrant #330 as presented.
Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAYES: 0 - None
ABSENT: 1 - Driscoll
Motion declared carried.
Audit .1975-76
Treasurer Shirley reviewed his memo, dated February 13, 1976, in which he
recommended acceptance of the proposal of Peat, Marwick, Mitchell and Company
for examination of the accounts of the Village for the year ended April 30,
1976.
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Moved by Carroll , seconded
ed by Rech to remove from table consideration of
auditor for fiscal year 75-76. Upon voice vote, the motion passed unanimously.
Based upon the recommendation of the Village Treasurer and Village staff, it
was moved by Carroll , seconded by Rech to accept the proposal of Peat, Marwick,
Mitchell and Company for the examination of the accounts of the Village of
Buffalo Grove for the year ended April 30, 1976, for services described in
their letter of January 26, 1976, including their estimate of overall charges
in a range of $10,500 to $11 ,500. Upon roll call , the vote was:
AYES: 5 - Mahoney, Rech, Bogart, Carroll , Marienthal
NAPES: 0 - None
ABSENT: 1 - Driscoll
-Trustee Tres
tee Rech requested that whenever a
financial recommendation is to be acted upon
Motion declared carried. by the Village Board, that both the Finance
Director and Village Treasurer present their
3. Village Manager's Report recommendations prior to Board consideration.
The Summary of Administrative Activities for the month of January, 1976, was
noted. There were no questions.
4. Questions from the Audience
There were no questions from the audience.
5. Board Comments
PUD Ordinance
Trustee Bogart stated that the present PUD Ordinance stipulates that if
ordinances are not adhered to within a certain amount of years , the zoning
reverts back to the original . He was concerned that this portion of the
ordinance is not enforcable. In response to this concern, Mr. Raysa, in a
letter dated February 9, 1976, recommended that all subsequent annexation
agreements contain both a reverter and disconnection clause.
Mr. Raysa stated that the clauses should be included in annexation agreements
where it is warranted, but to commit that they would be included in all future
agreements would be premature. Discussion followed.
Trustee Driscoll arrived.
Trustee Carroll suggested that the clauses be included in a check list for
annexation agreements to prevent them from being overlooked. Mr. Larson
suggested they can be included in the sample annexation agreement being pre-
pared by the Plan Commission.
Moved by Bogart, seconded by Marienthal that the policy of the Village Board
be to review a reverter and/or disconnection clause for all new annexation
agreements.
In response to a question from Trustee Mahoney, Trustee Bogart stated that the
intent of the motion is to include the two clauses in the Plan Commission 's
sample annexation agreement.
Upon roll call , the vote was:
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AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Civil Defense
Trustee Carroll reported that the Village
e_ W1 Defense unit has received
federal reimbursement of one-half of "ate 6n the warning receiver units placed
` C in local schools. The unit has also received a two-way radio communication
unit for the support vehicle. Ten pagers have been received from the Buffalo
Grove Fire Department to be used in Civil Defense volunteer's homes so that
they may answer emergency calls and assist the Fire Department.
Wheeling, Rural Fire Protection District
Trustee Rech stated that the Village of Wheeling has been discussing the
IC possibility of withdrawing from the Wheeling Rural Fire Protection District and
having a municipal department. She felt that Buffalo Grove should look into
the possibility of doing the same because if Whee i wi hdra s., 11 that would
be left in the District would be Buffalo Grov andj ssma'Il arre77' unincorporated
land.
President Fabish stated that Buffalo Grove could not support a municipal
department at this time because the Village could not tax at as high a rate
as the District. If the Village were home-rule, it could tax at the same rate.
Mr. Larson stated that Wheeling tried to disconnect from the Fire District six
years ago, but the court would not permit it because it represented more than
50% of the tax base of the District. He felt that if both Villages went into
court together, the court would allow it.
President Fabish asked Mr. Raysa to submit an opinion on implications to Buffalo
Grove if Wheeling does disconnect from the District.
Mr. Raysa suggested that one possibility the Village should investigate is
establishing a new Fire District that would have the same boundaries as the
Village.
A legal opinion will be submitted to the Board. Mr. Larson will also investigate
the subject and report.
6. COMMITTEE OF THE WHOLE
Poppin Fresh Pies/Public Hearing
President Fabish read the notice of public hearing that appeared in the Buffalo
Grove Herald on January 31 , 1976. Subject of the hearing is a petition for
annexation and B-1 General Business District zoning of 3.2 acres of land south
of Dundee Road, east of Ellen Drive, and west of Old Buffalo Grove Road.
President Fabish swore in the following people:
James Herbst, Poppin Fresh Pies
George Miller, President of Bank of Buffalo Grove
David Potter, Bank of Buffalo Grove
George Brotzman, Engineer for Pillsbury
1
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Mr. Herbst, Manager of Real Estate for Pillsbury Company, specifically
representing Poppin Fresh Pies which is a subsidiary of Pillsbury, described
the property. The portion under contract purchase to Pillsbury is 150' by
300 ' on which a free-standing restaurant with 75 parking spaces will be con-
structed. The portion owned by the Bank of Buffalo Grove is 250' by 300' and
scheduled for future development.
Mr. Herbst displayed a model of the proposed restaurant and described the
operation of Poppin Fresh Pies. He described the building as being 4,000 square
feet with a quarry tile roof, brick front , and stucco sides and rear and costing
$325,000. The lot is 45,000 square feet. Landscaping will cost approximately
$15,000 per the landscape plan prepared by Theodore Brickman Company.
Mr. Herbst stated that a market study found that a restaurant in that location
would be a success. He said that they are aware of the other restaurants on
Dundee Road but there is no specific competitor to Poppin Fresh Pies.
Mr. Herbst stated that Pillsbury Company will own the land and building.
Appearance Control Commissioner Helms stated that the landscape plan has not
been approved by the Commission. Mr. Herbst agreed and stated that their
landscape architect has been in touch with the Commission and will follow
their wishes.
Plan Commissioner Shields stated that by a 4-3 vote, the Plan Commission
recommends approval of the annexation subject to the following changes:
1 . The Annexation Agreement would be in effect for 10 years.
2. Paragraph #6 of the Annexation Agreement will be changed to include
the following terminology:
"If the Developer desires to make any changes including but not
limited to type of land use, architectural design, setback
requirements, utilities, etc. , as identified in the existing
Plan of Development as herein approved, the parties agree that
changes in the Plan of Development will require the submission
of amended plats or plans, together with proper supporting
documentation , to the Plan Commission and other applicable
Corporate Authorities to consider changes in this Agreement
which would allow the desired changes to the Plan of Development.
The Corporate Authorities may, at their sole discretion, require
additional public hearings before either granting approval or
denial of such changes and/or use proposed."
3. Annexation Agreement would exclude the land use of auction houses.
4. The plan is being accepted conditional upon the developer providing
the 12' rear planting strip on the entire south side of the combined
parcels.
Commissioner Shields stated that the annexation meets the requirements of
Village ordinances and Master Plan and is acceptable according to Village
policy.
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Plan Commissioner Mendenhall stated that he supports business zoning for the
area but that he opposes this plan for the following reasons:
1 . There would be a potential Pizza Hut, Bonanza, Poppin Fresh, and
another restaurant could be developed on Lot 2 of the annexation ,
making four restaurants side by side.
2. Both lots should be developed as one.
Z.B.A. member Rich Heinrich did not object to restaurant usage on Dundee Road.
Mr. Miller stated that they have agreed to bring plans for Lot 2 to the Plan
Commission for approval . He said there are many other uses for the lot than
restaurant use.
In response to a question from Commissioner Helms, Mr. Herbst stated that the
plan exceeds the number of parking spaces required by the Village. He said
that since meeting with the Appearance Control Commission, they have added to
the plan screening along the east property line. Mr. Helms reviewed the revised
landscape plan and stated that the treatment along the east property line is
unacceptable. It was noted that the landscape plan still needs Appearance
Control Commission approval and these details will be taken care of at that
time. Mr. Larson stated that the plan will be presented to the Plan Commission
and Appearance Control Commission prior to Board final plat approval .
In response to a question from Trustee Rech, Mr. Miller stated that beneficial
interest and power of direction under Wheeling Trust & Savings Bank Trust 72-215
vests with the Bank of Buffalo Grove.
Trustee Rech stated that the annexation agreement excludes the use of auction
houses which is one of the permitted uses under B-1 zoning. She asked if this
is legal . Mr. Raysa stated that the courts have not arrived at a decision on
the subject.
In response to a question from Trustee Rech regarding the plan, Mr. Raysa stated
that to avoid legal problems later, the annexation agreement should state
specifically that the developer must build in accordance with his plan. Trustee
Rech stated that there is no plan for Lot 2. Mr. Raysa stated the only way to
protect the Village is to say that they cannot build without getting approval
of the site plan by the Village.
Trustee Marienthal was concerned that this would be the first annexation
without a specific plan. Also, he felt there should be only one curb cut on
Dundee Road instead of two, in order to minimize the amount of traffic onto
the road. Mr. Herbst felt the safest measure is to get the cars off of Dundee
Road and into the parking lot. He felt that one curb cut (shared by the two
lots) would create a bottleneck. Trustee Carroll noted that there is an
additional entrance on Ellen Drive. In response to a question from Trustee
Bogart, Mr. Seaberg stated that he has no objection to two curb cuts on Dundee.
President Fabish polled the Board, "yes" indicating favor of further discussion
on the petition for annexation , "no" indicating opposition. The poll found the
following:
YES: 5 - Mahoney, Rech, Driscoll , Bogart , Carroll
NO: 1 - Marienthal
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President Fabish read the proposed annexation agreement.
Trustee Bogart suggested that the word "substantially" be deleted from
paragraph 5. Mr. Raysa agreed that it should be deleted.
Trustee Bogart requested that the agreement contain a provision that the
property would revert to R-1 if not built upon at the time of expiration of
the annexation agreement.
Trustee Rech questioned paragraph 18. After discussion, it was decided to
reword paragraphs 12 and 18 to provide that the developer agrees to abide by
any updation of village ordinances. Mr. Miller stated that he did not object
to this.
President Fabish polled the Board to determine the number of years the Board
wished the annexation agreement to be in effect. The poll found the following:
5 years: 3 - Rech, Bogart , Marienthal
10 years: 4 - Mahoney, Driscoll , Carroll, President Fabish
Trustee Marienthal opposed annexation of the entire piece because he did not
feel there was sufficient control over Lot 2.
President Fabish closed the public hearing at this time.
Moved by Mahoney, seconded by Carroll to direct the Village Attorney to
prepare the necessary ordinances approving the annexation agreement and to
make changes (specifically all the changes of record this evening) to the
annexation agreement including but not limited to the following:
1 . Addition of reverter and disannexation clause.
2. Obligation of the landowners to abide by updated ordinances.
3. Revision of paragraphs 12 and 18.
4. Inclusion of language that would specifically tie the agreement to
the site plan.
10:03 P.M. - The President declared a recess.
10: 15 P.M. - The meeting resumed.
Heritage Place
The Board reviewed Plan Commission , Appearance Control Commission , and staff
reports regarding final plat approval of Heritage Place Units 1 and 2 located
on Arlington Heights Road south of Route 83.
James Hemphill of C. A. Hemphill & Associates referred to Mr. Seaberg's report
and objected to the recommendation of an agreement by the developer to install
additional rear yard inlets and drain tile as necessary to eliminate sump pump
drainage problems. He stated that neither Levitt nor The Richards Group have
been required to do this. He felt that most lots will not have drainage problems.
He said current thinking on storm water management requires that you maximize
the amount of time it takes storm water to enter the sewer. He said he intends
to eliminate any rear yeard drainage problems when and if they arise.
Regarding engineering fees, Mr. Hemphill suggested that a deposit be given to
the Village and any Village expenses connected with plan review and inspections
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2/16/76
be charged against it. He felt that the cost would be half of the required 32%
fee. It was noted that all developers have abided by the 32% fee since 1972.
Regarding rear yard drainage, Mr. Seaberg stated that any sump pump causing
the problem should be put underground as soon as possible. The reason for
the recommended agreement was to make the Village and the developer aware
that this may have to be done. After discussion, Mr. Hemphill agreed to the
agreement if the words "as the Village reasonably determines" are added.
Mr. Hemphill requested that building permits be issued even if Lake County has
not reviewed the plat of subdivision. Trustee Rech stated that one of the courts
has upheld Lake County's right to do this. Trustee Mahoney stated that it would
have to be an Appellate Court decision. President Fabish stated that the reason
for the review is to keep Lake County informed of development in Buffalo Grove,
but he did not think they should hold up development arbitrarily.
Mr. Larson asked if Lot A of Unit I is to be deeded to the Village. Mr.
Hemphill stated that it will be deeded. Mr. Raysa stated that all current
taxes must be paid by the developer.
In response to a question from Mr. Larson , Mr. Hemphill stated that parkway
trees will be planted 15' from the curb line. Mr. Larson asked if the home-
owners will be notified that the trees are on their property; therefore, they
are responsible for their care. Mr. Hemphill agreed to do this. Lengthy dis-
cussion followed. Mr. Seaberg explained that this being a P.U.D. , the right of
way is 40' and the street is 27' wide. He said that when it was decided to have
a sidewalk on one side of the street, it was necessary to offset the street in
the right of way; therefore; on one side of the street, the R.O.W. ends 1 ' behind
the curb and on the other side of the street, there is a 12 ' parkway of which 7'
would be a grass area. It is questionable whether 7' is enough to plant a tree
without interference to the street or sidewalk.
Mr. Larson felt there should be sidewalks on both sides of Freemont Way and
Heritage Place. Mr. Hemphill stated that that was not his understanding.
Trustee Carroll stated that at the meeting of November 17, 1975, it was agreed
that sidewalks would be on one side of the streets. After discussion, President
Fabish polled the Board to determine if they wanted sidewalks on both sides of
Freemont Way. The poll found the following:
One side: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
Both sides: 0 - None
rJ *It was not that the Board did not want sidewalks on both sides of the street, it
/!L was that a prior agreement recited that there would be sidewalks on only one side
of the street ; therefore, the Board could not require the purchaser/developer to
put them in on both sides.
In response to a question from Mr. Larson , Mr. Hemphill stated that the parkway
trees on Arlington Heights Road and on the south side of Heritage Place will be
installed with Unit 3. The sidewalk on Arlington Heights Road will be installed
then , also.
In response to a question from Trustee Marienthal , Mr. Seaberg stated that
aprons will be concrete on the sidewalk side of the street and aprons on the
other side will be asphalt.
Commission Commissioner Helms stated that the Appearance Control would like to be
more involved in the decisions regarding grading plans and changes to them. After
discussion, President Fabish requested a staff report on how this could be handled.
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Moved by Marienthal , seconded by Rech to approve the final plat of Heritage
Place Units 1 and 2 in accordance with Plan Commission Exhibits 32 and 33, in
accordance with engineering review and plans and specifications received from
the Village Engineer.
In response to a question from Trustee Rech, Mr. Seaberg stated that retention
will be in the middle of the townhouse area. Trustee Rech stated that there
will have to be a legal agreement with the Homeowners Association regarding
the maintenance of the retention area.
�•/ Upon roll call , the vote was :
AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal
NAYES: 0 - None
Motion declared carried.
Mr. Hemphill presented a check, in the amount of $21 ,000, for engineering
fees.
Buffalo Grove National Bank
President Fabish stated that the Appearance Control Commission voted 3-1 to
recommend approval of the landscape plan dated 10-17-75 for the Buffalo Grove
National Bank.
Commissioner Helms stated that this is the third plan. He said that plantings
were being installed that were not part of the approved second plan; therefore,
a stop work order was initiated. The developer then appeared before the
Commission to request the third plan which would cover the plantings that were
planted. He said this plan is acceptable but not as good as the original one.
Trustee Rech objected to the plan because the developer did not notify the
Village of the change.
Trustee Bogart noted that the Appearance Control Commission approved the plan
by a 3-1 vote. Moved by Bogart, seconded by Mahoney to approve the landscape
plan subject to the condition that the Appearance Control Commission imposed
that the developer submit a letter to Mr. Dettmer regarding replacement of dead
trees. Upon roll call , the vote was:
AYES: 4 - Mahoney, Driscoll , Bogart , President Fabish
NAYES: 3 - Rech, Carroll , Marienthal
Motion declared carried.
Trustee Carroll requested that Mr. Larson send a letter to the Buffalo Grove
National Bank making them aware of the fact that the Board is aware that they
did not conform to what was approved and also to include the suggestion of Mr.
Helms, landscape architect, to have a larger ball of dirt on the large trees
being transplanted to insure their survival , and if they die, to replace with
trees of equal size. Trustee Mahoney did not feel the letter should be sent
representing the entire Board because it could be misunderstood. Trustee Carroll
requested that the letter be sent under her name.
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Trustee Carroll stated that the temporary sign in front of the bank is too
bright and glaring causing a safety problem for motorists on Dundee Road. She
asked that the staff look into the matter.
Projected Annual Report
II' Mr. Larson stated that the projected annual report reflects the anticipated p � p ticip ted
financial situation of the Village for the end of this fiscal year.
Trustee Carroll stated that in the last three years, revenue for sales tax,
building fees and income from local construction pave been overestimated. She
C' felt the staff should be more cautious this year. Trustee Rech questioned the
L. difference in the Police Pension Fund revenue vs. expenditure and Mr. Glueckert
Personnel Study stated this difference would be corrected.
Moved by Bogart , seconded by Mahoney to remove from table consideration of a
personnel study by the State of Illinois. Upon voice vote, the motion passed
unanimously.
Moved by Bogart , seconded by Mahoney to accept the proposal of the State of
Illinois Department of Personnel to conduct a personnel study of the Village
of Buffalo Grove.
To insure the study is kept confidential , the copies of the study will be deliv-
ered to Mr. Larson and distributed to the Board and Village Treasurer only.
Upon roll call , the vote was:
AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal
NAPES: 0 - None
Motion declared carried.
Proclamation
President Fabish commended the Wheeling High School Band for their excellence
in music and their contributions to the interchange of ideas and lifestyles
between the United States and countries in South America.
Executive Session
Moved by Bogart , seconded by Rech to move to executive session to discuss
personnel . Upon voice vote the motion passed unanimously.
Time: 11 :45 P.M.
Adjournment
There being no further business to conduct, it was moved by Bogart , seconded by
Mahoney to adjourn the meeting. Upon voice vote, the motion passed unanimously.
Time: 12:25 A.M.
Resp ully submitted,
Verna L. Clayton , Vill e Clerk
PASSED ,a APPROVED t s o2 3 day of , 1976.
QiT l age re i de t